HomeMy Public PortalAbout1998_09_22_R216 Time Ext for Pub Imprvmnts Beauregard Estates Ph II and IIIThe Town of
Leesburg,
.rg ma
RESOLUTION NO.
A RESOLUTION:
98-216
AUTHORIZING A TIME
COMPLETION OF PUBLIC
PRESENTED
ADOPTED
EXTENSION WITH
IMPROVEMENTS AND APPROVING
PERFORMANCE GUARANTEE FOR BEAUREGARD ESTATES PHASE
2&3
September 22, 1998
September 22, 1998
CONDITIONS FOR
A
WHEREAS, Beauregard, L.L.C., the developer of Beauregard Estates Phase 2 & 3, has not
completed all the required public improvements in accordance with the approved construction drawings
and town standards within the two-year period agreed to in the contract for public improvements and
previously approved one (1) year time extension; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, installation of final paving for areas where house construction is complete and
winterizing manholes in paved areas are a concern of the Homeowners Association and residents; and
WHEREAS, a corporate surty bond in the current amount of $172,600.00 from International
Fidelity Insurance Company was provided by the developer to guarantee the installation of public
improvements in Beauregard Estates Phase 2 & 3.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from International Fidelity Insurance Company in the
amount of $172,600.00 is approved to guarantee the installation of public improvements in Beauregard
Estates Phase 2 & 3.
SECTION II. A one (1) year time extension for completion of the public improvements is
approved with the following conditions:
A RESOLUTION:
-2-
AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR
COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A
PERFORMANCE GUARANTEE FOR BEAUREGARD ESTATES
PHASE 2 & 3
1. The segment of Beauregard Drive between the Phase I boundary and Fortress Circle
shall be completed by November 20, 1998. The work shall include final paving,
driveway aprons, curbs, ditches, seeding or sodding, final grading along ditches and
other items required to complete the road.
2. All manholes in roadways not final paved shall be winterized by the ramping of
asphalt around the manhole frame or other approved method by November 20, 1998.
SECTION III. Failure by the developer to meet any of the deadlines established in the
conditions of Section II will constitute a default under the contract. The developer may request
additional time extensions if the improvements are not completed due to factors beyond the developer's
control.
SECTION IV. The conditions of this resolution shall be incorporated as amendments to the
contract for installation of the public improvements for Beauregard Estates Phase 2 & 3.
SECTION V. In the event the developer fails to meet any of the deadlines established in Section
II of this resolution then the Town Manager is hereby authorized to declare the developer in default of its
contract for public improvements for the Beauregard Estates Phase 2 & 3 Subdivision and to request
payment pursuant to the corporate surety bond from International Fidelity Insurance Company in the
amount of $172,600.00 and to prepare and execute all required documents and undertake all necessary
actions to enforce all terms of said contract.
PASSED this 22nd day of September, 1998.
~lerk of Council
Jo~es E. Clem, Mayor
Town of Leesburg
R:beau2&3