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HomeMy Public PortalAbout1998_08_11_R179The Town of Leesburg, rgm a RESOLUTION NO. A RESOLUTION: 95-179 PRESENTED August 11, 1998 ADOPTED August 11, 1998 AUTHORIZING A SETTLEMENT AGREEMENT WITH AMERICAN MOTORISTS INSURANCE COMPANY FOR COMPLETION OF THE PUBLIC IMPROVEMENTS AT KINCAID FOREST WHEREAS, the Town Council has adopted resolutions declaring the Leegate Corporation, the developer of Kincaid Forest, in default of public improvements contracts for Sections 1, 4A, 6A, 6B, 8ASB, 9A, 9B, 9C, 9D, 10A, Public Park and Ultimate Stormwater Management Pond; and WHEREAS, claims have been made for payment to the town of the proceeds of corporate surety bonds totaling $2,078,616.07 issued by American Motorists Insurance Company (AMICO) to guarantee completion of the public improvements in Kincaid Forest; and WHEREAS, Leegate Corporation filed for bankruptcy in April 1997; and WHEREAS, Mortgage Investment Trust Corporation (MITC), holder of a deed of trust for the undeveloped sections of Kincaid Forest, completed the foreclosure process in the Spring of 1998 and is now the property owner; and WHEREAS, a settlement agreement for completion of the public improvements by AMICO has been negotiated by town staff; and WHEREAS, a condition of the agreement is that AMICO will hire a construction contractor to complete the public improvements; and WHEREAS, since each section is individually bonded, AMICO could process each claim separately and complete the improvement or pay the proceeds to the town which would result in an estimated maximum expenditure of $1,700,000; and WHEREAS, a maximum cost limit of $1,889,000 for completion of the public improvements is included in the proposed agreement; and A RESOLUTION: -2- AUTHORIZING A SETTLEMENT AGREEMENT WITH AMERICAN MOTORISTS INSURANCE COMPANY FOR COMPLETION OF THE PUBLIC IMPROVEMENTS AT KINCAID FOREST WHEREAS, a phasing plan for the order of completion of each section has been included in the agreement to address concerns of the Kincaid Homeowners Association; and WHEREAS, completing the public improvements through the settlement agreement is a far better alternative than section by section settlements with AMICO; and WHEREAS, work is expected to begin within two to four weeks after the settlement agreement is approved and signed. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to sign a Settlement Agreement with American Motorists Insurance Company in a form approved by the Deputy Town Attorney for completion of the public improvements in Kincaid Forest. PASSED this 11th day of August, 1998. ATTEST: Clerk of Council mes E Clem, Mayor . Town of Leesburg R:amicoset