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HomeMy Public PortalAbout2009_07_14_R078 - Appropriation of Settlement Funds - Tyree The Town of Leesburg, Virginia PRESENTED July 14. 2009 RESOLUTION NO. 2009-078 ADOPTED July 14.2009 A RESOLUTION: APPROPRIATION OF SETTLEMENT FUNDS FROM TYREE ORGANIZATION, LTD. TO THE NORTH APRON AREA DEVELOPMENT PHASE II PROJECT WHEREAS, the Tyree Organization, Ltd was awarded a construction contract for the North Apron Area Development Phase II project in the spring of 2000; and WHEREAS, the contract reached substantial completion in early 2001; and WHEREAS, Tyree was unresponsive in completing the punch list work after numerous requests; and WHEREAS, the Town sued Tyree Organization, Ltd. and their bonding company Travelers Casualty and Surety Company of America; and WHEREAS, the Town ultimately entered into a settlement agreement with both parties; and WHEREAS, Tyree Organization owed the Town a payment of $90,000 in accordance with the settlement agreement for certain project repairs; and WHEREAS, the settlement payment has been received in full; and WHEREAS, certain repairs need to be completed on the project. THEREFORE, RESOLVED that the Council of the Town of Leesburg in Virginia: A supplemental appropriation in the amount of $90,000 from the settlement with Tyree Organization, Ltd. and their bonding company, Travelers Casualty and Surety Company of America, is approved for the Airport North Apron Area Development Phase II capital improvement project in the AirPort Fund. PASSED this 14th day of July 2009. ~t;~ Kristen C. U stattd, Mayor Town of Leesburg ATTEST: ~~?o~