HomeMy Public PortalAbout1999_03_23_r080 The Town of
Leesburg,
._Virginia
RESOLUTION NO.
A RESOLUTION:
99-80
AUTHORIZING A TIME
COMPLETION OF PUBLIC
PRESENTED March 23, 1999
ADOPTED March 23, 1999
EXTENSION WITH CONDITIONS FOR
IMPROVEMENTS AND APPROVING A
PERFORMANCE GUARANTEE FOR EXETER HILLS SECTION 5A
WHEREAS, K. Hovnanian at Exeter Hills, Inc., the developer of Exeter Hills Section 5A, 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 the previously approved extension which will expire on April 9, 1999; and
WHEREAS, the developer has requested a time extension for completion of the public
improvements; and
WHEREAS, the
major remaining unfinished public improvements are final paving and
completion of the Mayfair Drive Connection; and
WHEREAS, all right-of-way needed for Mayfair Drive have been obtained and plats recorded;
and
WHEREAS, a corporate surety bond in the amount of $170,691.80 from The American
Insurance Company was provided by the developer to guarantee the installation of public improvements
in Exeter Hills Section 5A.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from The American Insurance Company in the amount
of $170,691.80 is approved to guarantee the installation of public improvements in Exeter Hills Section
5A
A RESOLUTION:
-2-
AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR
EXETER HILLS SECTION 5A
A ninety (90) day time extension for completion of the public improvements is
SECTION II.
approved with the following conditions:
Final Paving to be completed by April 30, 1999.
Mayfair Drive Connection to be completed by April 30, 1999.
by the developer to meet any of the
constitute a default under the contract.
SECTION III. Failure
conditions of Section II will
deadlines established in the
The developer may request
SECTION IV. The conditions of this resolution shall be incorporated as amendments to the
contract for installation of the public improvements for Exeter Hills Section 5A and agreed to by the
developer.
SECTION V. In the event the developer fails to meet 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 Exeter Hills Section 5A and to request payment pursuant to the
corporate surety bond from The American Insurance Company in the amount of $170,691.80 and to
prepare and execute all required documents and undertake all necessary actions to enforce all terms of
said contract.
PASSED this 23rd day of March, 1999.
ATTEST:
Clerk of Council
Ja~es E. Clem, Mayor
Town of Leesburg
R:exe5Aext
control.
additional time extensions if the improvements are not completed due to factors beyond the developer's