HomeMy Public PortalAbout1999_10_12_r321The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
99-321
PRESENTED October 12, 1999
ADOPTED October 12, 1999
APPROVING THE FIRST AMENDMENT OF THE PROFFER
COMPLIANCE CONTRACT BY AND BETWEEN UNIWEST
CONSTRUCTION, INC., AND THE TOWN OF LEESBURG,
FOR RELEASE TO UNIWEST TWO MILLION DOLLARS
($2,000,000) FOR THE CONSTRUCTION OF THE FORT
EVANS ROAD IMPROVEMENTS
WHEREAS, on October 23, 1998, the Town, Uniwest and Chelsea GCA Realty
Partnership, L.P. entered into a Proffer Compliance Contract; and
WHEREAS, per the terms of the Proffer Compliance Contract, Chelsea has
elected not to construct the Fort Evans Road Improvements and has relinquished its right
to receive the Escrow held by the Town to assure compliance with the terms of the
Proffer Compliance Contract; and
WHEREAS, Uniwest and the Town have made good faith efforts to acquire all
real property interests necessary to perform the Proffer Compliance Contract but have not
to date received the roadway dedication and easements from the owners of those certain
parcels of real property, but expect to receive the necessary dedications on a timely basis;
and
WHEREAS, Uniwest desires to commence construction of the Fort Evans Road
Improvements as soon as possible; and
WHEREAS, all other terms and conditions of the Proffer Compliance Contract
have been performed; and
RESOLUTION:
-2-
FIRST AMENDMENT OF THE PROFFER COMPLIANCE
CONTRACT
WHEREAS, the Deputy Town Attorney recommends approving the attached First
Amendment of the Proffer Compliance Contract by and between Uniwest Construction,
Inc., and the Town of Leesburg, for release to Uniwest two million dollars ($2,000,000)
to enable Uniwest to commence construction of the Fort Evans Road Improvements as
soon as possible.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The attached First Amendment of the Proffer Compliance Contract
is hereby approved.
SECTION II. The Town Manager is hereby authorized to execute the
Amendment.
SECTION 11I. Upon execution by the Town and Uniwest of the attached First
Amendment of the Proffer Compliance Contract, the Town will release to Uniwest two
million dollars ($2,000,000) of the Escrow to enable Uniwest to commence construction
of the Fort Evans Road Improvements as soon as possible, is hereby approved.
PASSED this 12th day of October, 1999.
A~/~EST:
Clerk of Council
R:FirstamendUniwest
J~fi~es E. Clem, Mayor
Town of Leesburg
FIRST AMENDMENT
OF
PROFFER COMPLIANCE CONTRACT
This First Amendment of the Proffer Compliance Contract is made this __ day of
October, 1999, by and between Uniwest Construction, Inc., a Virginia corporation, ("Uniwest")
and the Town of Leesburg, Virginia, a municipal corporation of Virginia (the "Town") upon the
following terms and conditions:
WHEREAS, on October 23, 1998, the Town, Uniwest and Chelsea GCA Realty .'
Partnership, L.P. ("Chelsea") entered into that certain Proffer Compliance Contract, a copY4~of
which is attached hereto as Exhibit "A" (the "PCC") and is incorporated herein by reference, and
to which reference is hereby made for all terms of art used herein.
WHEREAS, per the terms of the PCC, Chelsea has elected not to construct the Fort
Evans Road improvements as defined in the PCC and has relinquished its right to receive the
Escrow held by the Town to assure compliance with the terms of the PCC.
WHEREAS, Uniwest and the Town have made good faith efforts to acquire all real
property interests necessary to perform the PCC, but have not to date received the roadway
dedication and easements from the owners of those certain parcels of real property described as
LCTM 49 Parcel 16 ("Harris") and LCTM 49 Parcel 29 ("Spring Lakes").
WHEREAS, Uniwest desires to commence construction of the Fort Evans Road
Improvements so that construction activities may be completed as soon as possible.
WHEREAS, all other terms and conditions of the PCC have been performed.
NOW, THEREFORE, in consideration of the mutual promises and agreements of the
parties contained herein, it is agreed as follows:
1. Upon execution by the Town and Uniwest of this First Amendment of the PCC,
the Town will release to Uniwest Two Million Dollars ($2,000,000) of the Escrow to enable
Uniwest to commence construction of the Fort Evans Road Improvements as soon as possible.
2. Uniwest will continue to obtain all fight-of-way and easements necessary to
construct the Fort Evans Road Improvements and will construct the Fort Evans Road
Improvements without entry upon any portion of the Harris and Spring Lakes properties outside
of any prescriptive easement for such properties. In the event that by the time of substantial
completion of construction of the Fort Evans Road Improvements, all easements and rights-of-
way necessary to construct the Fort Evans Road Improvements have not been conveyed by
Harris and Spring Lakes, the Town will acquire at no cost to Uniwest any such unconveyed real
property interests.
3. Upon the earlier of: (a) conveyance by Harris and Spring Lakes to the Town of
all real property interests required to perform the PCC; or (b) completion of construction of the
Fort Evans Road Improvements, the Town will release the balance of the Escrow to Uniwest.
IN WITNESS WHEREOF, the parties hereto have executed a duplicate copy hereof and
do hereby set their hands on the day and year first written above.
UNIWEST CONSTRUCTION, INC.
fvlichael D. Collier, President
TOWN OF LEESBURG
Robert Noe, Town Manager '
J:\DATA\CLIENT~ 18\18765\00 I\ 1STAMEND.PCC