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Home My WebLink AboutReso 1961-2603Resolution No. 2603 Hilltop Estates Margo Builders, Inc. and Horton Construction Co. ..;,' :.~ , '. .' . RESOLUTION r-o. 2603 -- RESOLUTION OF Th1 CITY COUNCIL APPROVING AGREE~~NT FOR THE CCNS TRUCT ION OF IMP'?OVEMENTS IN HI L L TOP ES TATES THE CITY mUNCIL OF THE CITY OF Cl-ULA VISTA DOES HEREBY RESOLVE AS FOlLOI"'S: SECTICN I. Thar certain agreem~nt between the CITY OF CHULA VISTA, a Municipal Corporation, and~argo Buildf:rs, Inc., and Horton Conslrllrlion Co,____, ~~,s both Corporations-Joint Vf:nturf:rs , dated May 15, 1961- . a copy of which is attached hereto, and incorporeted herein, the same as though fully set forth herein, be, and the same Is hereby approved. SECTION 2. That the Mayor of thz City of Chula Vista be and he is hereby Euthorlzed and directed to execute the same for and , upon behalf of the said City upon the pos'ing of the bonds by Margo Builders, Inc., and Horton Construction Co.-Joint Vf:nturers _, as provided for in said agrcemenr. " 0; , r ADOPTED AND APPROVED by the CIn' COUNCIL of tbe CIn' OF CHUlA VIStA, CALIFORNIA, th:l.s 16th day of May, 1961 by the f3110w1ng vote. ~o-wit: ,.YES: COUNCIUiEN DeGraaf, Menzel, McAllister, Smith NAriS: COUNClI.MEN None AB~.EN1' : COUNClLMEN McMains fM:~; - Cit.y of Chula Vista ',n'ESf. ~...~~~~ ._......L".J. _< . ~- _ ----- '~i t.y Clerk , STATE OF CAl~,ORNlA COU~~ OF SAN DIEGO CI:Y Of CHULA VISTA ) ) ) s< 1, KE~~ETH p. C,\MPBELL, City Clerk of the City "f Cbula Vista, ~, California DO HEREBY CERTIFY t.bat ebe above and for.egoing is a fu!l, t.rue ar:.d cot"t:E:ct copy ot Resol.ution No. _.__and cbat the sw;e has not been amended or repealed.. OArrEO : , City Clerk Hilltop Estates Margo Builders Inc. and Horton Construction Co. . .. .. CONTP.ACT F02 CC)J?lE TI()~~ OF lM?irJVE":\E:-nS IN 3ILLTO? ESTATES I T IS HE2E3Y A('~EED by and "dw..n tho CI TY Cf CHJLA VISTA, a rnunicioal corporation, and Merl70 Builders Inc., and SortoD Construction Co. both Corporations -Joint Venturers , ~tr~inaft(r called S~cond Party; as follows: \\:'IT~.JESSE TH: ~'."rl'EREAS the Second Party Is the owner of real pro.perry in the City of Chula Vista, County of Sail Diego, State of Cal (farnie$ dtScrl".d as follows: The h?i of the swt of t Section 96 Rancho De La Nacion and a portion of Nt of the SEt of the swt of i Section 96. ~~E~E^S the Second Perty proposes to create d subdivision of the oroperty above described, to be ~nown as HILLTOP ESTATES Chuls Vis~C:aliforn1B:i ., and to effect the same as heretofore fll.d wilh Ihc oropH aulhorlll.. of Ih. said CII'I of Chula Vis!" th~ necessary :naps and irnprov~mf:nts plans and oth~r date in conform1 ty --. wi tn the .IeW's of the Statf: of Cal ifornle tlnd the ordinances of the: Cltv of Chula Vista appllca"l. IhHt/O, and '"'HERtA5 Ihc said propH a ulhorlli.s of said City havt found th. propos.d subdivision plan 10 b. acc.plabl. and In accord wllh Ih. bcsl InlHcsts of said Clly, and ";riEREAS fhe Clly of Chula '11s1a is .nllllcd to rtqulrt from Ihc Second Party, and docs rcc:uirc from Second Party, as d condi tlon precedent to the: acceptance: of an',' ~nd all strf:~ ts and easements and other improvc:ne:nts, assurance:~ fu\.' the: completion of the: publlc Improvt~e:nts in setd subdivision as is prov1de:d therefore In said plans ~nd attf:ndent speclflcations as have: hr::retofore: been approved a~ aforesaid, and COGI- D;,l, -1- ,V'HE?EAS th~ St:cond ?ar;y is desirous of supplying su-::h ;e!-5v:-enccss N:.)Y", THEREfORE, I T IS HERBY AC:REED BY and bdw<<n th. City d Chvla VIsta, and th. S.cond Party as follows: I. Said S~cond Party a~rt~S to und~rtalt and comol~t~t and fo c~v for all labor and mattrtals in connection therewith, ,.,Ithin a p' r lod 0 f days fro~ the dat~ hereof, all the necessary 355 war\: and ins tallatlon of ImDrovt"T\ents in th~ herf:inabovc descr ibed sui,division in full conformity wi th the ordinancc:s of the Ci ty of Chula Vista, the laws of th~ State of Cal ifornla and th~ directicns of prop~r officials of thE City of Chvla Vista, California as '11ay bE appl icabl. thereto. Said lmprovl!:;ttnts drC!: more particularly d~scribed as foJ lows: D Cr( \-" JJ, \ City of Chule Viste Improvement Plans #50-51L to 50-56L inclusive as approved by the City Engineers April 26, 1961, and same: are i ncor::orated herein by this reference: thereto as thouoh here Sltt forth fvll. . Th. S.cond Party fvrrh.. agr..s to ind.~nify, protect and hold harml~ss th~ saId City of Chula Vis ta from any and all claims of liability for p~rsondl injury, ;:>roperty damage, labor or materiel claims which may b~ mode- against said City by recson of said wor~ and Installation. of improve.m~nts 55 n4!:re:ln provided. 2. As a guarantr.e and as s~'<;IJrlty for its full and faithful per- for-nanct in complying wIth all th~ re~uirt:nf;nts for the comol~tlon of said subdivision as afore-said, tilt satd Se-cond P~rty shall dellvtr to the: Cfty of Chula Vista, upon the' e-xtcutlon of this 6}jrec!"O~nt, a good -2- and sufficient bond ex~cuted by an authoriz~d sur~ty company scri5- factory to t~le said City of Chula Vista in the S'.l;;l of $80,832.48 3. As a puarantf!t and as security for the payment of all mate:rlat and labor claiils for th~ completion of all said imprcve-nt'nts~ the S.cond Party shall dd Iv.. to tn. said CI ty of Chul. Vis t. . bond In th. sum of $ 80,832.49 by Its h:rms :.tad~ to inure to the benefit of laborers and ~aterialmt.n, for labor and :nah:rial performed or furnished in the pcrformanc~ of this afH'cernent. If. Upon the execution by Second Party of this contract and the postlno of thc bonds as hcreln provided, the City agrees to approve the final map of said subdivision and accept the sa~e for recordation. DA TE D: May 15, 1961 ca- ~ ~~H{ ?res ide. Builders Inc., S"rc; etary,Margo Builders Inc. W,,~ /~L.,....J~____ ~~t~o~~uction Company Secretary Horton.Construction Company CI TY r. C A VISTA LIFCR'jIA Approvcd as to form and l~gol i tv: ttorn.y for he ityof! Vlstll, Cat ifornia A TTE 5 TED TO: d~~r~r'~ ~ "7/~ CII-, I, k of th. it 0 ch'Ji. Is16, Caiifornia -/ -3-