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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