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
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