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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