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Home My Public Portal About2005_10_12_r157The Town of Leesburg, Virginia RESOLUTION NO. A RE SOLUTION: 2005-157 PRESENTED:O~ober 12,2005 ADOPTED: O~ober 12, 2005 AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING PERFORMANCE GUARANTEES FOR EDWARDS LANDING SECTIONS 1, AND 3; PHASES 2A, 2B, AND 4; WOOD EDGE DRIVE; RECREATION CENTER; EDWARDS FERRY ROAD IMPROVEMENTS; AND THE BATTLEFIELD PARKWAY PHASE II ROAD IMPROVEMENTS WHEREAS, Edwards Landing, LLC (Lennar Virginia), the developer of Edwards Landing Sections 1, and 3; Phases 2A, 2B, and 4; Wood Edge Drive; Recreation Center; Edwards Ferry Road Improvements; and the Battlefield Parkway Phase II Road Improvements, 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 previously approved time extensions; and WHEREAS, the developer has requested a time extension to complete the public improvements; and WHEREAS, town staff has met with the developer to evaluate the progress in completing the remaining work; and WHEREAS, corporate surety bonds were provided from the Continental Insurance Company in the amount of $497,735.00 for Section 1; in the amount of $183,428.00 for Phase 2A; in the amount of $174,750.00 for Phase 2B; in the amount of $150,140.00 for Phase 4; in the amount of $179,955.15 for Woods Edge Drive; in the amount of $19,962.00 for the Recreation Center; in the amount of $40,829.00 for the Edwards Ferry Road Improvements; in the amount A RESOLUTION: -2- AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING PERFORMANCE GUARANTEES FOR EDWARDS LANDING SECTIONS 1, AND 3; PHASES 2A, 2B, AND 4; WOOD EDGE DRIVE; RECREATION CENTER; EDWARDS FERRY ROAD IMPROVEMENTS; AND THE BATTLEFIELD PARKWAY PHASE II ROAD IMPROVEMENTS of $150,529.00 for the Battlefield Parkway Phase II Road Improvements; and from the St. Paul Fire and Marine Insurance Company in the amount of $285,928.00 for Section 3; and WHEREAS, the town's Director of Engineering and Public Works recommends time extensions for all sections to January 30, 2006 with conditions; all remaining preliminary punch list items for each section be completed by January 15, 2006; and final completion of the project in the spring of 2006. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bonds from the Continental Insurance Company in the amount of $497,735.00 for Section 1; in the amount of $183,428.00 for Phase 2A; in the amount of $174,750.00 for Phase 2B; in the amount of $150,140.00 for Phase 4; in the amount of $179,955.15 for Woods Edge Drive; in the amount of $19,962.00 for the Recreation Center; in the amount of $40,829.00 for the Edwards Ferry Road Improvements; in the amount of $150,529.00 for the Battlefield Parkway Phase II Road Improvements; and from the St. Paul Fire and Marine Insurance Company in the amount of $285,928.00 for Section 3 are approved to guarantee the installation of public improvements. SECTION II. A time extension to January 30, 2006 for completion of the public improvements is approved with the following conditions: A RESOLUTION: -3- AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING PERFORMANCE GUARANTEES FOR EDWARDS LANDING SECTIONS 1, AND 3; PHASES 2A, 2B, AND 4; WOOD EDGE DRIVE; RECREATION CENTER; EDWARDS FERRY ROAD IMPROVEMENTS; AND THE BATTLEFIELD PARKWAY PHASE II ROAD IMPROVEMENTS Section 1 a. Complete stabilization and replanting of the berm per the approved plans and all compacted areas must be aerated prior to this work by November 1, 2005. b. Provide positive drainage between the berm and townhouses where areas still do not drain properly by November 1, 2005. c. Complete Battlefield Parkway grading, seeding, landscaping, and sidewalk by November 1, 2005. Phase 2A a. Repair fence on retaining wall in rear yards for lots along Chickasaw Place by October 15, 2005. Phase 2B a. Complete final paving by October 21, 2005. Section 3 a. Complete final paving by October 21, 2005. Phase 4 a. Complete tot lot by November 1, 2005. Woods Edge Drive a. Dig up and repair storm sewer by October 10, 2005. b. Complete final paving by October 21, 2005. c. Repair guardrail by October 21, 2005. Edwards Ferry Road Improvements a. Completion of all punch list items, except street lights by November 1, 2005. A RESOLUTION: -4- AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING PERFORMANCE GUARANTEES FOR EDWARDS LANDING SECTIONS 1, AND 3; PHASES 2A, 2B, AND 4; WOOD EDGE DRIVE; RECREATION CENTER; EDWARDS FERRY ROAD IMPROVEMENTS; AND THE BATTLEFIELD PARKWAY PHASE II ROAD IMPROVEMENTS 8. Battlefield Parkway Phase II a. Complete grading, seeding, landscaping, and sidewalks by November 1, 2005. 9. All sections a. Replacement of dead trees by November 15, 2005. b. All remaining preliminary punch list items for each section be completed by January 15, 2006. c. Provide a written report to the Town and the Homeowner's Association (HOA) every 10 days starting on October 15t~ on the status of all items. SECTION IH. Failure by the developer to meet any of the deadlines established in the conditions of Section II will constitute a default under the contract. SECTION IV. The conditions of this resolution shall be incorporated as amendments to the contract for installation of the public improvements for Edwards Landing Sections 1, and 3; Phases 2A, 2B, and 4; Wood Edge Drive; Recreation Center; Edwards Ferry Road Improvements; and the Battlefield Parkway Phase II Road Improvements. SECTION V. In the event the developer fails to meet any of the deadlines established in Section II of this resolution, then the Town Manager is here authorized to declare the developer in default of its contract for public improvements for Edwards Landing Sections 1, and 3; Phases 2A, 2B, and 4; Wood Edge Drive; Recreation Center; Edwards Ferry Road Improvements; and the Battlefield Parkway Phase II Road Improvements and to request payment pursuant to the corporate surety bonds fi.om the Continental Insurance Company in the amount of $497,735.00 for Section 1; in the amount of $183,428.00 for Phase 2A; in the amount of $174,750.00 for A RESOLUTION: -5- AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING PERFORMANCE GUARANTEES FOR EDWARDS LANDING SECTIONS 1, AND 3; PHASES 2A, 2B, AND 4; WOOD EDGE DRIVE; RECREATION CENTER; EDWARDS FERRY ROAD IMPROVEMENTS; AND THE BATTLEFIELD PARKWAY PHASE II ROAD IMPROVEMENTS Phase 2B; in the amount of $150,140.00 for Phase 4; in the amount of $179,955.15 for Woods Edge Drive; in the amount of $19,962.00 for the Recreation Center; in the amount of $40,829.00 for the Edwards Ferry Road Improvements; in the amount of $150,529.00 for the Battlefield Parkway Phase II Road Improvements; and from the St. Paul Fire and Marine Insurance Company in the amount of $285,928.00 for Section 3 and to prepare and execute all required documents and undertake all necessary actions to enforce all terms of said contract. PASSED this 12th day of October 2005. ~i Umsttattd, M~yor tr ATTEST: ~erk of Council Town of Leesburg R:EdLandingTimeExtwCond