HomeMy Public PortalAbout2003_10_28_r143The Town of
Leesburg,
hrg ma
PRESENTED October 28, 2003
RESOLUTION NO. 2003-143 ADOPTED October 28, 2003
A RESOLUTION: AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR
COMPLETION OF PUBLIC IMPROVEMENTS IN THE DRY MILL
SUBDIVISION SECTION lA
WHEREAS, Powers Homes, the developer of the Dry Mill Subdivision Section lA, 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
WHEREAS, Powers Homes has not completed items 1, 17, 19, 21 and 23 of the punch
list dated September 23, 2002; and
WHEREAS, an additional item was added to the punch list as number 24 in September
2003 to repair settlement in the pavement of Emmet Court; and
WHEREAS, the developer has requested additional time to complete items 1, 17, 19, 21,
23 and 24 of the punch list; and
WHEREAS, a letter of credit from Middleburg Bank was provided by Powers Homes,
which guarantees the completion of the public improvements in Dry Mill Subdivision Section
lA in the current amount of $25,000.00; and
WHEREAS, the Director of Engineering and Public Works recommends a final time
extension to November 14, 2003 for completion of punch list items 17, 21, 23 and 24 and to
November 28, 2003 for punch list items 1 and 19.
-2-
A RESOLUTION: AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR
COMPLETION OF PUBLIC IMPROVEMENTS IN THE DRY MILL
SUBDIVISION SECTION lA
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
SECTION I. A time extension to complete the punch list is approved with the following
conditions:
1. Uncompleted punch list items 17, 21, 23 and 24 shall be completed by Friday,
November 14, 2003.
2. Uncompleted punch list items 1 and 19 shall be completed by Friday, November 28,
2003.
SECTION II. Failure by the developer to meet any of the deadlines established in the
conditions of Section I 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 III. In the event the developer fails to meet any of the deadlines established in
Section I of this resolution then the Town Manager is hereby authorized to declare the developer
in default of its contract for public improvements for Dry Mill Subdivision Section lA and to
request payment pursuant to the letter of credit from the Middleburg Bank in the amount of
$25,000.00 and to prepare and execute all required documents and undertake all necessary
actions to enforce all terms of said contract.
A RESOLUTION:
-3-
AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR
COMPLETION OF PUBLIC IMPROVEMENTS IN THE DRY MILL
SUBDIVISION SECTION lA
PASSED this 28th day of October 2003.
ATTEST:
1~ 0f Council
~ C. Ul~'stattd,'Mayor -'~
Town of Leesburg
R03:DryMillSec 1 Adefault 1
The Town of Leesburg
INTEROFFICE MEMORANDUM
DEPARTMENT OF UTILITIES
TO:
DIRECTOR OF ENGINNERING
& PUBLIC WORKS
DATE: OCTOBER 28, 2003
FROM: INSPECTION SUPERVISOR RE: DRY MILL SUBDIVISION
SECTION lA
RECOMMENDATION: The placement of a light pole installed over a water main must be
removed and relocated. The Utility Lines Division must have free and unobstructed access to our
water main system in order to facilitate future maintenance repairs.
ISSUE: Item #19 regarding the placement of water main in the vicinity of curb, gutter and
sidewalk was noted on a separate punch list and not on file in the Utility Lines Division.
Therefore, item #19 was not part of our re-inspection process. The letter sent to Mr. Dennis J.
Powers, c/o Powers Homes included the two items noted in the utility punch list only and does
not include the acceptance of items #19.
BACKGROUND: On October 23, 2003 a final inspection was performed at the request of the
town's facility inspector. Based on an existing punch list of two items dated 10/29/02, #1 paint
fire hydrant on Emmett CT and #2 raise meter box to grade on Anne St. These items were re-
inspected and found to be satisfactory.
Steven A. Melnikoff
cc:
Randy Shoemaker, Utilities Director
Aref Etemadi, Deputy Director Utilities
John Creamer, Superintendent Utilities Lines