58R-4587
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RESOLUTION NO. 4587
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANADIM AUTHORIZING THE DEPOSIT IN ESCROW
WI'fH B.1JIK OF .A.KDICA NATIONAL TRUST AND SAV-
INGS ASSOCIATION, ANAHEIM BRAliCH, BY WOIfDER-
BOWL, IIC., A, CORPORATION, 0' J'UlDS REQUIRED
FOR THE FUlUfISHING, IJTSTALLATIOli .AND COMPLB-
TION OF ALL IMPROVEMENTS REQUIRED BY THE CI'fY
OF ANAHEIM ON THE HEREINAFTER DESCRIBED PRO-
PERTY AID AUTHORIZING THE MAYOR AID CITY
CLERK TO EXECUTE AN AGRDMENT FOR AND ON B~Ti' T.lI'
OF THE Cln OF ANABEDl.
WHIRBAS, WonderBowl, Inc., a corporation, has submitted
to the City of Anaheim a proposal to construct and install curbs,
gutters, crGss-gutters, sidewalks, street paving, a concrete box
oulvert drain, paddle boards lfo. W-6OR, excavations and street
lights upon the following described parcel of property, situated
in the City of Anaheim, County of Orange, State of California,
aore particularly described as follows:
The Southerly 510 feet of the Westerly 360 feet
of Lot 1 in Tract No. 2854, as shown on a map
thereof recorded in Book 90, Page 40 of Miscel-
laneous Maps, Records of Orange County, California,
all in accordance with Plans Nos. 3097, 3098 and 1,000 on file in
the office of the City Engineer of the City of Anaheim; and
WHil'R1US, WonderBowl, Inc. has agreed to furnish or caused
to be furnished and to pay for all labor, materials and equipment,
and perform or cause to be performed 81lld pay for all work to malte
and complete said iaprovements upon the above-described parcel of
property, to wit: curbs, gutters, cross-gutters, sidewalks, street
paving, a concrete box culvert drain, paddle boards No. W-60R, ex-
cavations and street lights, and pay all costs of engineering nec-
essary in connection therewith, all in accordance with the specifi-
cations of the City Engineer and Superintendent of the Light, Power
and Water Department of the City of Anaheim, said improvements to
be completed on or before nine (9) months from the:Qllh day of June,
1958; and
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WHR'RRAS, in lieu of the posting with the City of Anaheim
of a surety bond or deposit, as required by Section 11612 of the
Business and Professions Code of the State of California, WonderBowl,
Inc. desires to deposit with an escrow agent, cash, in lawful money
of the United States, in an amount estimated to be necessary to pay
for the cost of all labor, materials and equipment, and the perform-
anoe of all work for the installation and completion of said improve-
ments, as a guarantee that WonderBowl, Inc. will make and coaplete
said improvements as herein required and pay the cost thereot; and
WHEREAS, the City Counoil finds that the estimated cost of
said street improvements and street lighting is the sum of
111,500.00; and
WHEREAS, the City Council finds that if said sum is deposited
with the Bank of America National Trust and Savings Association,
Anaheim Branch, as escrow agent, and all claims for labor and
materials are approved by the City Engineer or the Superintendent
of the Light, Power and Water Department and paid directly to the
person, firm or corporation performing such labor or furnishing
such materials by said Bank of America National Trust and Savings
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Association, Anahei. Branch, and that fifteen (15~) per cent of
said deposit is held until thirty-five (35) days after the filing
of notice ot completion of said work and improvements, that the
Oi ty of Anaheim will be adequately protected in the matter.
NOW, T~~1i'ORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said WonderBowl, Inc. be, and it is hereby,
authorized to deposit the sum of $11,500.00, lawful money of the
United States, with Bank of America National Trust and Savings
Association, Anahalm Branch, as escrow agent, as security for the
payment of all costs of labor, materials and equipment in making
the street improvements and street lighting and all engineering
upon the real property and premises hereinabove described, and that
the money deposited by said WonderBowl, Inc. with Bank of America
National Trust and Savings Association, Anaheim Branch, Anaheim,
California, as escrow agent, as security for the furnishing and
payment of all costs of labor, materials and equipment in ma1cing
the street tmpr~vements and street lighting, may be used from and
after the execution of an agreement by and between the City of
Anaheim, WonderBowl, Inc. and Bank of America National Trust and
Savings Association, Anaheim Branch, to make progress paJllents to
pay for materials furnished and labor performed in the making and
completion of said improvements, such progress payments to be made
as follows:
Progress payments shall be made not oftener
than twice monthly, and in the manner herein
provided.
That all such progress payments shall be made directly
by said Bank of America National Trust and Savings Association,
Anaheim Branch, to the person, firm or corporation furnishiBg such
ma.terials or performing such labor, upon written itemized statements
showing the furnishing of such materials or the performance of such
labor, approved by the City Enginaer for labor and materials fur-
nished for street improvements, and approved by the Superintendent
of the Light, Power and Water Department for street lighting, and
by Daniel, Mann, Johnson and Mendenhall, or either of them, on
behalf ofc~onderBowl, Inc.
AND BE IT FURTHER RESOLVED that the Mayor and the City
Clerk be, and they are hereby, authorized to enter into and execute
an agreement for and on behalf of the City of Anaheim with Wonder-
Bowl, Ino. and Bank of America National Trust and Savings Associa-
tion, Anaheim Branch, Anaheim, California, in a form approved by
the City Attorney, incorporating the provisions of this resolution
and providing for payment of said deposit to the City of Anaheim,
or so much thereof as may be necessary to reimburse the City, in
the event of default by said above named persons in the performance
of said agreement. That said agreement shall be dated the 11th day
of June, 1958.
THE FOREGOING RESOLUTION
11th day of June, 1958.
is approved and signed by me this
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cC i. OF THE C~-
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STATE OF CALIFORNIA )
COlIl'fi OF OB.AliGE ) ss.
CITY OF AlABEIX )
I, DEllE X. WILLIAMS, City Clerk of the City
of Anaheim, do hereby certify that the foregoing Reso-
lution was passed and adopted at an adjourned regular
meeting of the City Council, held on the 11th day of
June, 1958, by the following vote of the members thereof:
AYES: COUNCILMIN: Pearson, Borden, Schutte
and Coons.
NOES: COUNCILMEN: None.
ABSDT: COUNCILMEN: Fry.
AND I FURTHER CERTIFY that the Mayor of the
City of Anaheim signed and approved said Resolution on the
11th day of June, 1958.
IN WITliESS WHEREOF, I have hereunto set my hand
and affixed the seal of the City of Anaheim this 11th day
of June, 1958.~)
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(SEAL)
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