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HomeMy Public PortalAbout2006_02_14_r024The Town of Leesburg, Virginia RESOLUTION NO. A RESOLUTION: PRESENTED: February 14, 2006 2006-24 ADOPTED: Febru~_ 14, 2006 AUTHORIZING FINAL TIME EXTENSIONS FOR COMPLETION OF PUBLIC LMPROVEMENTS AND APPROVING PERFORMANCE GUARANTEES FOR EDWARDS LANDING SECTIONS 1, AND 3; PHASES 2A, 2B, AND 4; WOOD EDGE DRIVE; RECREATION CENTER; 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, Resolution #2005-157 was adopted on October 13, 2005 and authorized time extensions with conditions for each of the sections and these conditions have been met; and WHEREAS, the developer has requested a time extension to complete the public improvements; and WHEREAS, Town staff~ performed final inspections for all sections; 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 $19,962.00 for the Recreation Center; 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 in the amount of $179,955.15 for Woods Edge Drive; and WHEREAS, the Town's Director of Engineering and Public Works recommends time extensions to March 31, 2006 for Section 3, Woods Edge Drive, and the Recreation Center; to April 21, 2006 for A RESOLUTION: -2- AUTHORIZING FINAL TIME EXTENSIONS 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; AND THE BATTLEFIELD PARKWAY PHASE II ROAD IMPROVEMENTS Phase 2A and Phase 2B; and to May 19, 2006 for Section 1, Phase 4, and Battlefield Parkway Phase II Road Improvements. 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 $19,962.00 for the Recreation Center; in the amount of $150,529.00 for the Battlefield Parkway Phase H Road Improvements; and from the St. Paul Fire and Marine Insurance Company in the amount of $285,928.00 for Section 3; and in the amount of $179,955.15 for Woods Edge Drive are approved to guarantee the installation of public improvements. SECTION II. Final time extensions to March 31, 2006 for Section 3, Woods Edge Drive, and the Recreation Center; to April 21, 2006 for Phase 2A and Phase 2B; and to May 19, 2006 for Section 1, Phase 4, and Battlefield Parkway Phase II Road Improvements are hereby approved. SECTION III. Failure by the developer to meet any of the deadlines established in this resolution 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; and the Battlefield Parkway Phase H 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 A RESOLUTION: -3- AUTHORIZING FINAL TIME EXTENSIONS 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; AND THE BATTLEFIELD PARKWAY PHASE II ROAD IMPROVEMENTS Edge Drive; Recreation Center; and the Battlefield Parkway Phase II Road Improvements and to request payment pursuant to the corporate surety bonds from the Continental Insurance Company in the amount of $497,735.00 for Section 1; in the mount 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 $19,962.00 for the Recreation Center; 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 in the amoum of $179,955.15 for Woods Edge Drive; and to prepare and execute all required documents and undertake all necessary actions to enforce all terms of said contract. PASSED this 14~ day of February 2006. Cl~/~ of CoUncil · U~attd, Mayor Town of Leesburg R06:EdLandingTimeFinalTimeExl