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HomeMy Public PortalAbout2009_01_27_R010 - Perf. Guar. E. Market @ Rivercreek Pkwy and Crosstrail The Town of Leesburg, Virginia PRESENTED: January 27.2009 RESOLUTION NO. 2009-010 ADOPTED: January 27.2009 A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN THE INTERCHANGE AT THE INTERSECTION OF EAST MARKET STREET (RT. 7), RIVERCREEK P ARKW A Y AND CROSSTRAIL BOULEVARD WHEREAS, four (4) corporate surety bonds issued by Lexon Insurance Company, in an initial amount of$21,768,000 were provided by the developer and approved by the Council to guarantee installation of public improvements in the interchange at the intersection of East Market Street (Rt. 7), Rivercreek Parkway and Crosstrail Boulevard; and WHEREAS, Resolution #2008-114 adopted on July 22, 2008 reduced the total bond amount for the interchange at the intersection of East Market Street (Rt. 7.), Rivercreek Parkway and Crosstrail Boulevard from $21,768,000 to $7,413,000; and WHEREAS, the Town's Director of Public Works has reviewed the improvements installed to date in the interchange at the intersection of East Market Street (Rt. 7), Rivercreek Parkway and Crosstrail Boulevard and certified that the value of the work recently performed is $4,347,200 (total to date is $18,702,200); and WHEREAS, the Director of Public Works recommends reducing three (3) ofthe four (4) performance guarantees for public improvements installed in the interchange at the intersection of East Market Street (Rt. 7), Rivercreek Parkway and Crosstrail Boulevard as follows: Total Bond Amount Current Bond Bond Remaining Amount Completed Bond No. 1021843: $ 6,333,000.00 $ 5,699,700.00 $ 1,861,000.00 $ 633,300.00 Phase 1 - Drainage and Utilities Bond No. 1021844: $ 3,575,000.00 $ 3,217,500.00 $ 541,000.00 $ 357,500.00 Phase II - Earthwork Bond No. 1021845: $ 5,606,000.00 $ 4,653.000.00 $ 3,889,000.00 $ 953,000.00 Phase III - Streets Bond No. 1021846: $ 6,254,000.00 $ 5,132,000.00 $ 1,122,000.00 $ 1,122,000.00 Phase IV - Bridges and Misc. Total: $21,768,000.00 $ 18,702,200.00 I $ 7,413,000.00 $ 3,065,800.00 I I -2- A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN THE INTERCHANGE AT THE INTERSECTION OF EAST MARKET STREET (RT. 7), RIVERCREEK PARKWAY AND CROSSTRAIL BOULEVARD THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Corporate surety bond #1021843, with a current amount of$1,861,000 issued by Lexon Insurance Company, for Phase I - Drainage and Utilities for the interchange at the intersection of East Market Street (Rt. 7), Rivercreek Parkway and Crosstrail Boulevard is reduced to $633,300. SECTION II. Corporate surety bond # 1 021844, with a current amount of $541 ,000 issued by Lexon Insurance Company, for Phase II - Earthwork for the interchange at the intersection of East Market Street (Rt. 7), Rivercreek Parkway and Crosstrail Boulevard is reduced to $357,500. SECTION III. Corporate surety bond #1021845, with a current amount of $3,889,000 issued by Lexon Insurance Company, for Phase 111- Streets for the interchange at the intersection of East Market Street (Rt. 7), Rivercreek Parkway and Crosstrail Boulevard is reduced to $953,000. SECTION IV. The Town Manager shall notify the developers that liability for irrevocable letter of credit has been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance of public improvements by the Town or relieve the developer of responsibilities outlined in the contract for public improvements in the interchange at the intersection of East Market Street (Rt. 7), Rivercreek Parkway and Crosstrail Boulevard. PASSED this 27th day of January 2009. a(\~\~) 1< . . U stattd, Mayor Town of Leesburg A TTE~:r: j \ /", )..~\ ).. (.'i , /~ D;... . q'-./ ~ Clerk of Council ../