HomeMy Public PortalAbout2006_04_25_r077
The Town of
.... eesburg,
Virginia
RESOLUTION NO.
2006-77
PRESENTED: April 25. 2006
ADOPTED: April 25. 2006
A RESOLUTION:
DECLARING THE DEVELOPER OF EDWARDS LANDING SUBDIVISION
SECTION 3 IN DEF AUL T OF ITS CONTRACT TO RESTORE AREAS AND
REPLACE TREES DAMAGED BY ITS CONSTRUCTION ACTIVITIES
AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN
THE DOCUMENTS NECESSARY TO UTILIZE THE PERFORMANCE
GUARANTEE FUNDS
WHEREAS, on April 15, 2004 Edwards Landing LLC, by U.S. Homes managing partner,
"Edwards Landing" the developer of Edwards Landing Subdivision Section 3, entered into a Performance
Agreement for Tree Save Area ("Performance Agreement") with the Town of Leesburg ("Town") to
guarantee the removal and replacement of trees damaged by its construction activities on the property
known as the Dennis property; and
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WHEREAS as part of the Performance Agreement, Edwards Landing agreed to restore the trees
with the same number and species of such trees with like kind trees that are healthy trees of at least two to
three inches in diameter; and
WHEREAS Edwards Landing agreed to restore the trees within one hundred twenty (120) days of
the execution of the agreement on April 14, 2004; and
WHEREAS, on April 15, 2004 Edwards Landing posted a cash bond in the amount of One
Hundred Thousand Dollars ($100,000) ("Tree Fund") in order to guarantee that the Town will have
sufficient funds to complete the restoration work if Edwards Landing did not complete the work within
the 120 days specified in the agreement; and
WHEREAS, the 120 days specified in the agreement expired on August 13,2004; and
WHEREAS, Edwards Landing has not completed the tree removal work and has not replaced the
damaged trees with a like number and species of healthy trees; and
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A RESOLUTION:
DECLARING THE DEVELOPER OF EDWARDS LANDING SUBDIVISION
SECTION 3 IN DEF AUL T OF ITS CONTRACT TO RESTORE AREAS AND
REPLACE TREES ON THE DENNIS PROPERTY
WHEREAS, the Town finds in necessary to exercise its option contained in paragraph two of the
agreement to use the Tree Fund to clear and dispose of dead trees and replace the same number and
species of trees on the Dennis Property.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Council hereby declares Edwards Landing in default of their
Performance Agreement for restoration of trees on the Dennis property and directs the Town Manager to
utilize the cash bond in the amount of $100,000 and take any and all necessary actions to restore trees on
the Dennis property.
PASSED this 25th day of April 2006.
~~aP~
Town of Leesburg
ATTEST:
I1l,C
lerk of Council
R06:Edwards Landing Sec. 3 - Dennis