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HomeMy Public PortalAbout2006_03_14_r052 The Town of Leesburg, Virginia RESOLUTION NO. 2006-52 PRESENTED: March 14. 2006 ADOPTED: March 14. 2006 A RESOLUTION: AUTHORIZING A SUPPLEMENTAL AGREEMENT TO THE JULY 1992 IMPLEMENTATION AGREEMENT BETWEEN THE TOLL ROAD INVESTORS PARTNERSHIP II, L.P. (TRIP II) AND THE TOWN FOR THE DULLES GREENWAY EXPANSION AND A REIMBURSEMENT AGREEMENT FOR THE COST OF A TRAFFIC SIGNAL AT EVERGREEN MILL ROAD AND BATTLEFIELD PARKWAY WHEREAS, an Implementation Agreement between the Town and the Toll Road Corporation of Virginia (TRCV) was adopted and included provisions addressing improvements to be installed by TRCV and conveyed to the Town, providing a performance guarantee for the improvements to be conveyed to the Town, provisions for existing and future utility line crossings to the Toll Road right-of-way, assignment of the Agreement to Toll Road Investors Partnership II, L.P. (TRIP II); payment by TRCV of Land Development application fees to the Town; and WHEREAS, the Implementation Agreement was authorized by Resolution #92-115 adopted on July 14, 1992; and WHEREAS, Paragraph 22 of the Implementation Agreement includes a requirement for TRIP II to construct two (2) lan~ of Battlefield Parkway on right-of-way provided by the Town from the interchange at the Dulles Greenway to Evergreen Mill Road (Rt. 621); and WHEREAS, TRIP II has submitted construction drawings to the Town for construction of the interchange of the Dulles Greenway and Battlefield Parkway, including two (2) lanes of Battlefield Parkway to Evergreen Mill Road; and -2- A RESOLUTION: AUTHORIZING A SUPPLEMENTAL AGREEMENT TO THE JULY 1992 IMPLEMENTATION AGREEMENT BETWEEN THE TOLL ROAD INVESTORS PARTNERSHIP II, L.P. (TRIP II) AND THE TOWN FOR THE DULLES GREENWAY EXPANSION AND A REIMBURSEMENT AGREEMENT FOR THE COST OF A TRAFFIC SIGNAL AT EVERGREEN MILL ROAD AND BATTLEFIELD PARKWAY WHEREAS, a Supplemental Agreement interpreting the Implementation Agreement has been negotiated between the Town and TRIP II, which more specifically identified the construction responsibilities of the Town and TRIP II; and WHEREAS, the Supplemental Agreement includes provisions for the Town to pay the cost of a traffic signal at the intersection of Battlefield Parkway, Evergreen Mill Road, and Tolbert Lane and to complete any right-of-way acquisition and utility relocations and connections required in connection with signal installation; and WHEREAS, TRIP II will include dedicated turn lanes on existing Evergreen Mill Road and Battlefield Parkway; and WHEREAS, a Reimbursement Agreement has been negotiated for the Town to pay TRIP II to install a traffic signal at the intersection of Battlefield Parkway and Evergreen Mill Road estimated to cost $247,600.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor is hereby authorized to sign on behalf of the Town the Supplemental Agreement with Toll Road Investors Partnership II L.P. in a form approved by the Town Attorney. SECTION II. The Mayor is hereby authorized to sign on behalf of the Town a Reimbursement Agreement with TRIP II in a form approved by the Town Attorney for -3- A RESOLUTION: AUTHORIZING A SUPPLEMENTAL AGREEMENT TO THE JULY 1992 IMPLEMENTATION AGREEMENT BETWEEN THE TOLL ROAD INVESTORS PARTNERSHIP II, L.P. (TRIP II) AND THE TOWN FOR THE DULLES GREENWAY EXPANSION AND A REIMBURSEMENT AGREEMENT FOR THE COST OF A TRAFFIC SIGNAL AT EVERGREEN MILL ROAD AND BATTLEFIELD PARKWAY reimbursement of the cost of the traffic signal at Evergreen Mill Road and Battlefield Parkway estimated at $247,600.00. PASSED this 14th day of March 2006. ~ R06:SuppAgnntImpleAgnnnt