Monday, July 14, 2014

County Reaches Settlement with Clarksburg Developer Newland to Assure Finishing of Uncompleted Clarksburg Infrastructure and Related Amenities

Montgomery County has reached a settlement with Newland Company (NNP II) to finish uncompleted infrastructure in their portion of the Clarksburg Town Center (CTC), brick pavers and amenities at Murphy’s Grove Pond.

Under the agreement:
  1. Newland must restart work immediately to finish road, sidewalk and stormwater management facilities in the Town Center under its outstanding permits with the County. The work will include the amended site plan enhancements associated with the permitted work. These enhancements are infrastructure improvements that Newland agreed to make to the CTC as part of a Compliance Plan that Newland proposed to the Planning Board to resolve certain site plan violations. These site plan enhancements include items like brick sidewalks and a fishing pier, landscaping, and benches for Murphy’s Grove Pond. The estimated value of this work (including enhancements) is about $7.5 million. Newland will fully bond all work. The work must be completed by December 31, 2015. 
  2. Newland constructed and the County has accepted arterial roads that cost $5.5 million to construct. Newland expected to be reimbursed by the County for these roads through the Development District. When the Council terminated the Development District in 2010, Newland received nothing from the County, and Newland has asserted a claim against the County for $6.5 million. As part of the settlement, Newland will release the County from all claims associated with the termination of the Development District. 
  3. In exchange, the County will enter into a participation agreement with Newland and will pay a net of $671,500 after all work is done and accepted. That amount includes a payment by Newland to the County of $231,000 for future improvements to Snowden Farm Parkway. 
  4. Consistent with recently adopted County law, the County will undertake responsibility for post-construction stormwater management monitoring.