HomeMy WebLinkAboutReso 1964-3377Resolution No. 3377
Palm Garden Estates
Horton Investment Company Inc.
RRE SOLU TION NO, 3377
RESOU..JifON OF THE CITY C~U~ICiL APPP.OVIVC: AGRF.E`.4EVT FOR
THE CCNSTRU~:TION CF I!APROVE'<1ENTS IN
Palm Garden Estates
THE CITY CC;UNCIL OF THF. CI 7Y OF CI-tJLA VISTA DOES HE RE 3Y !:E SOLVE
AS FOL LO`"'S :
' SECTION i. That certain agreement beta¢en the CITY GF
C!-fJLA VISTA, a !Aunicipel Corporation, and Horton investment
Comnanv Inc.
dated April 24, 1964 , a eopy of witlch Is ettached
hereto, end incorpore4ed herein, the same as though fully set
forth herein be, end the same is he.r¢by approved,
SECTION 2. That the '~lavor of the City of Chuta Vista be and
he is hereby authorized end directed to execute the same for and
upon behelf of the seid City upon the ousting of the bonds by
Horton Investment Company, Inc.
es provided for in said agreement,
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CONTRACT FOR COMPLETION OF IMPROVEMENTS
IN
Palm Gardens Estates
IT IS HEREBY AGREED Eby and between the CITY OF CHULA VISTA, a Municipal
Corporation, and Horton Investment Company,lnc,- '._' ~ ~ ~ ~ ~ here-
inafter called the Second Party, as follows:
WITNE SSETH:
WHEREAS, the Second Party is the owner of real property in the City of
Chula Vista, County of San Diego, State of California, described as -
follows:
a portion of the North half of the Quarter Section 112 of Rancho de la
Nation, in the County of San Diego, State of California, attar ding to
Map thereof No. 166, By Morrill, Filed in the Office of the County
Recorder of San Diego County; May l1,p1869,
WHEREAS, the Second Party proposes to create a subdivision of the prop-
, ~ _... ~ .°.~.~
erty above de scribed,. to be known as ~ Palm Gardens Estates
and to effect the same as heretofore filed with the proper authorities
of the said City of Chula Vista, the necessary maps and improvement
plans and .other data in conformity with the laws of the State of Calif-
ornia and the :ordinances of the City of Chula Vista applicable thereto,
and
-WN~REAS, the said: proper authorities of said City have found the pro-
posed subdivision plan to be acceptable and in accord with the best ~,
interests of said City, and
WHEREAS, the City of Chula Vista is entitled to require from'the Second
Party, and does require from:the_Second Party; as a'condition precedent
i
to the acceptance of any and all streets and easements and other improve-~
meats, assurances for the completion of the public improvements in said
subdivision as is provided therefore in said plans and attendant speci-
fications as have heretofore been approved as aforesaid, and ~
SUB-O-8
-1- /~JOLi~~ ~no-J
/~- 3 3 77
WHEREASo the Second party is desirous of supplying such assurances,
WOw, THEREFORE, IT FS HEREBY AGREED BY and between the City of ChulaVista,
and the Second Party as follows:
le Said Second Party agrees to undertake and complete, and to pay
for all labor and materials in connection therewith, within a period
of X365 days from the date hereof, all the necessary work and: installation
of improvements in the hereinabove described subdivision in full conform-
ity with the ordinance s, of the City of Chula Vista, the laws of the State
of California, the directions of proper officials of the City of Chula
Vista, California, asmay be applicable thereto, and the plans for such
improvements on file in the office of the City. Engineer of the_City of
Chula Vista, bearing the file numbers:
Chula Vista Dr@,winc~ No. 54-1gL
The engineers estimate of cost of said improvements is $14,352,65
10% contingencies
Total Bond Amount
1, 435, 27
$15,787,92
The execution of this contract automatically acknowledges by the Party of
the Second Part, the responsiblity to guarantee all public improvements
for a period of one (1) year from the date of final acceptance.
The Second party further agrees to indemnify, protectand hold harmless
the said City of Chula Vista from any. and all claims of liability for
personal injury, psoperty damage, labor or material claims which may be
made against the said City by reason of said work-and installation of
improvements as herein provided.
2. As a guarantee and as security for its full andfaithful pe rform=
ante in complying with all the requirements for the completion of said
subdivision as aforesaid, the said SecondParty shall deliver to the City
of Chula Vista upon the execution of this agreement, a good and sufficient
bond executed by anauthorized surety company satisfactory to the said
City of Chula Vista in the sum of $ 15,787,92
S4b.Bm4-°8 -2-
3, As a guarantee and as security for the-payment of all mater ial
and labor claims for the completion of all said improvements, the
Second Party, shall deliver to the said City of Chula Vista a bond in
the sum of $7.$93 96,~ _ by its terms made to inure~to thebenefit
of laborers and materialmen,. for labor and material performed or fur-
nished in the performance of this agreement.
4. Upon the execution by Second Party of this contract and the-
posting of bonds as herein provided, the City agrees to approve the
final map of said subdivision and accept the same for recordation.
~T~~~/
DATED:
is ='
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Horton Tnves m.nt. .om ~r~,~ Tnr._
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C
CITY OF CHULA VISTA, CALIFORNIA
BY: L~r.~.f'~r, .~,~,~~~.L~:,~~ _ .
Approved as to form and legality;
ttorney for the Cif o
ula Vista, California
ATTESTED TO:
City rk of the City /of Chula
Vista, California
SUB-4-S
-3-
(Corporation) O
STATE OF CALIFORNIA n ~ l
11 I~~. ^~a~J\ } S5.
COUNTY OF ~ a-.~ -~-111 -
On ~~ G ~~_4 /- ~ `/ before me, the undersigned, a Notary Public in and for said
State, personal appeared /~r-r 'L IT U Y~U vl
President,. and a ~ Vc.l ~_
w known m me to be th ~
w known to me to be Secretary of the corporation [ha[ executed the within Instrument,
x 6 own to me to be the persons who executed the within
wi Instrument on behalf of the corporation therein named, and
°' acknowledged to me that such corporation executed the 'thin
' m instrument pursuant to its 6y-laws or a resolution of ite board ~ -~ tip---i ~ i ^--.u~~ti.-(1'
of directors. r p
r` ~tr raGYt RO 'A. Ie4 ~
ICrITNESS and and offs 'al al. ~~ N -x P d C r PNtA
,'. ) Ff 11%aP of 'C !N ~(
7a ~, :, S . ~ ul-..! ~r
Signature
~( P4~ ~SSh7r ~le (~` CAI 'L. i:PaatLLt F.R
sure (TYPed or Printed) ffiy E.nm uro E+t ae. ~ Jec, 19, 198{
' RM1is area for olRelal notarial eeap
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