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HomeMy Public PortalAbout2013_11_12_R129 Authorizing a Reduction in the Perf Guar for PMW Farms Sec 4 and Ext for PMW Farms Sec 3 and 5 The Town of Leesburg, Virginia PRESENTED: November 12, 2013 RESOLUTION NO. 2013-129 ADOPTED: November 12, 2013 A RESOLUTION: AUTHORIZING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED AT PMW FARMS-SECTION 4 (TLCD-2010-0004) AND AUTHORIZING A REDUCTION OF THE PERFORMANCE GUARANTEE AND A TIME EXTENSION FOR PUBLIC IMPROVEMENTS INSTALLED AT PMW FARMS-SECTION 3 AND 5 (TLCD-2010-0006) WHEREAS, the Town's Director of Public Works has reviewed the improvements installed to date for PMW Farms-Section 4 and certified that the value of work performed is $941,240; and WHEREAS, a Corporate Surety Bond issued by Lexon Insurance Company in the amount of$1,230,000 was provided by the developer and approved by the Council to guarantee installation of public improvements at PMW Farms-Section 4; and WHEREAS, the Director of Public works recommends reducing the performance guarantee for public improvements installed at PMW Farms-Section 4; and WHEREAS, the Town's Director of Public Works has reviewed the improvements installed to date for PMW Farms-Sections 3 and 5 and certified that the value of work performed is $1,753,200; and WHEREAS, a Corporate Surety Bond issued by Lexon Insurance Company in the amount of$1,948,000 was provided by the developer and approved by the Council to guarantee installation of public improvements at PMW Farms-Sections 3 and 5; and WHEREAS, GTIS-HOV Festival Lakes, LLC,the developer of PMW Farms—Section 3 and 5 has not completed all the required public improvements in accordance with the approved -2- A RESOLUTION: AUTHORIZING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED AT PMW FARMS-SECTION 4 (TLCD-2010-0004) AND AUTHORIZING A REDUCTION OF THE PERFORMANCE GUARANTEE AND A TIME EXTENSION FOR PUBLIC IMPROVEMENTS INSTALLED PMW FARMS-SECTION 3 AND 5 (TLCD-2010-0006) construction drawings and Town standards within the two-year period agreed to in the contract for public improvements; and WHEREAS,the developer has requested a time extension to complete the public improvements; and WHEREAS, the Town's Director of Public Works recommends reducing the performance guarantee for public improvements installed at PMW Farms-Sections 3 and 5, and recommends a time extension to August 30, 2014 for PMW Farms— Section 3 and 5. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Corporate Surety Bond issued Lexon Insurance Company for PMW Farms-Section 4 in the amount of$1,230,000 is reduced to $288,660. SECTION II. The Corporate Surety Bond issued Lexon Insurance Company for PMW Farms-Sections 3 and 5 in the amount of$1,948,000 is reduced to $194,800. SECTION III. The Town Manager shall notify the developers that liability for the Corporate Surety Bond has been reduced as outlined in Section I and Section II of this resolution and that this reduction does not constitute acceptance for public improvements by the Town or relieve the developer of responsibilities outlined in the contract for public improvements at PMW Farms-Section 4 and PMW Farms-Sections 3 and 5. -2- A RESOLUTION: AUTHORIZING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED AT PMW FARMS-SECTION 4 (TLCD-2010-0004) AND AUTHORIZING A REDUCTION OF THE PERFORMANCE GUARANTEE AND A TIME EXTENSION FOR PUBLIC IMPROVEMENTS INSTALLED PMW FARMS-SECTION 3 AND 5 (TLCD-2010-0006) SECTION IV. A time extension to August 30, 2014 for PMW Farms— Section 3 and 5 is approved. PASSED this 12th day of November, 2013. C. Umstattd, Mayor Town of Leesburg ATTEST: • Clerk of Counc'p P:\Resolutions\2013\1112 PMW Farms SEC 4 Reduction and SEC 3 and 5 Time Ext and Reduction.doc