HomeMy Public PortalAbout2011_05_24_R062 - Land Use Permit for Battlefield PkwyThe Town of
Leesburg,
Virginia
PRESENTED May 24, 2011
RESOLUTION NO. 2011 -062 ADOPTED May 24, 2011
A RESOLUTION: AUTHORIZING A LAND USE PERMIT APPLICATION FOR
CONSTRUCTION OF THE BATTLEFIELD PARKWAY EDWARDS
FERRY TO FORT EVANS IMPROVEMENTS PROJECT.
WHEREAS, it becomes necessary to obtain a Land Use Permit (Permit) from the Virginia
Department of Transportation (the Department) for working within and upon the highway system of
Virginia; and
WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia
as a result of the granting to the Town of Leesburg by the Department of the Permit for the work
aforesaid;
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia to
authorize a land use permit application for construction of the Battlefield Parkway Edwards Ferry
to Fort Evans Improvements project as follows:
SECTION I. That the provisions of Section 24 VAC 30- 151 -700 of the Land Use Permit
Regulations of the Virginia Department of Transportation, the Town of Leesburg does hereby grant
assurances to the Department that it shall in all respects comply with all of the conditions of the
Permit that have been or will be granted to the Town of Leesburg, and that the Town of Leesburg
does hereby certify that it will carry liability insurance for personal injury and property damage that
may arise from the work performed under the Permit and /or from the operation of the permitted
activity as follows: up to One Million Dollars ($1,000,000) each occurrence to protect the
Commonwealth Transportation Board (the Board) members and the Department's agents or
employees; and seventy -five thousand ($75,000) each occurrence to protect the Board, the
Department or the Commonwealth in the event of a suit.
-2-
A RESOLUTION: AUTHORIZING A LAND USE PERMIT APPLICATION FOR
CONSTRUCTION OF THE BATTLEFIELD PARKWAY EDWARDS
FERRY TO FORT EVANS IMPROVEMENTS PROJECT.
SECTION II. That the Town Manager, or his designee, is hereby authorized to execute on
behalf of the Town of Leesburg all Permits and related documents of the Department.
SECTION III. This resolution shall be a continuing resolution and shall not be revoked by
the Town Council unless and until sixty (60) days written notice of any proposed revocation shall be
submitted by the Town Council to the Department.
SECTION IV. That the Town of Leesburg shall, if requested by the Virginia Department of
Transportation, provide a letter that commits to using the surety provided by its contractor or to have
the contractor execute a dual obligation rider that adds the Virginia Department of Transportation as
an additional oblige to the surety bond provided to the locality, with either of these options
guaranteeing the work performed within state maintained right -of -way under the terms of the land
use permit for that purpose.
PASSED this 24 day of May, 2011.
P:\Resolutions\Resolutions 2011 \0524 VDOT Permit Battlefield Pkwy.doc
ShA tra
C. mstattd, Mayor
Town of Leesburg