58R-4759
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RESOLUTION NO. 4759
A RESOLUTION OF TKE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DEPOSIT
IN ESCROW WITH CALIFORNIA BANK, 203 EAST
CENTER STREET, ANAHEIM, CALIFORNIA, BY
ROBERT WASSERMAN, OF FUNDS REQUIRED FOR
THE FURNISHING, INSTALLATION AND COMPLE-
TION OF ALL IMPROVEMENTS REQUIRED BY THE
CITY OF ANAHEIM IN TRACT NO. 2114; AND
AUTHORIZING THE MAYOR ANTI CITY CLERK TO
EXECUTE AN AGREEMENT FOR AND ON BEHALF
OF THE CITY OF ANAHEIM.
WHEREAS, Robert Wasserman, a single man, has submitted to
the City Council of the City of jL~aheim a Tract Map for Tract No.
2114 and has requested the City Council to finally approve said
Tract f1ap; and
WHEREAS, said Robert Wasserman has agreed to furnish or
cause to be furnished and to pay for all labor, materials and equip-
ment, and perform or cause to be performed and pay for all work to
make and complete all street improvements and sewer and water mains
and lines and all engineering required inside of said Tract No. 2114,
as required by the City of Anaheim, acting by and through the City
Engineer and the Superintendent of the Light, Water and Power Depart-
ment, and in accordance with the provisions of the Anaheim Municipal
Code and ordinances of the City, all in accordance with the specifi-
cations of the City Engineer and the Superintendent of the Light,
Water and Power Department of the City of Anaheim, said improvements
to be completed on or before twelve (12) months from the 16th day of
September, 1958; and
WHEREAS, in lieu of the posting with the City of Anaheim of
a surety bond or a deposit as required by Section 11612 of the Busi-
ness and Professions Code of the State of California, Robert
Wasserman desires to deposit with the California Bank, 203 E. Center
Street, .~aheim, California, as 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 performance
of all work for the installation and completion of said improvements,
as a guarantee that said Robert Wasserman will make or cause to be
made and completed said improvements as required by the City of
Anaheim, and pay the cost thereof; and
said
Thous
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the estimated cost of
the sum of Forty-three
.-..
if said sum is
deposited with said California Bank and all claims for labor and
materials are approved by the City Engineer or the Superintendent of
the Light, Water and Power Department and paid directly to the persont
firm or corporation performing such labor or furnishing such materials
by said California Bank, and that fifteen (15) per cent of said
deposit is held until thirty-five (35) days after the filing of notice
of completion of said work and improvements, that the City of Anaheim
will be adequately protected in the matter.
NOw, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that said Robert Wasserman be, and he is hereby,
authorized to deposit the sum of Forty-three Thousand Five Hun-
-1-
"
,,-.
dred,Dollars~ lawful money of the United States, with California
Bank, as escrow agent, as security for the payment of the cost of
all labor, materials and equipment in making the street improve-
ments and the sewer and water improvements, and all engineering
inside of Tract No. 2114, and that the money deposited by said Robert
Wasserman with the California Bank, 203 East Center Street, Anaheim,
California, as escrow agent, as security for the furnishing and pay-
ment of all labor, materials and equipment required for the making,
installation and completion of said improvements, may be used from
and after the execution of an agreement by and between the City of
Anaheim, Robert Wasserman and California Bank to make progress pay-
ments to pay for materials furnished and labor performed in the
making and completion of said improvments, 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 California Bank to the person, firm or corporation furnishing
such materials or performing such labor, upon written itemized
statements showing the furnishing of such materials or the perfor-
mance of such labor, approved by the City Enginee~ for labor and
materials furnished for street and sewer improvements, and approved
by the Superintendent of the Light, Water and Power Department for
water mains and lines, and by Burt Lowen for Robert Wasserman.
16th day
AND BE IT FURT~R RESOLVBD 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 Robert
Wasserman and California Bank, 203 Bast Center Street, 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 neces-
sary to reimburse the City, in the event of default by said Robert
Wasserman in the performance of said agreement. That said agreement
shall be dated the 16th day of September, 1958.
THE FOREGOING RESOLUTION is signed and approved by me this
of September, 1958. ,./;:/7 //_) /. ....~')
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AFSST : .__
i~t~r:(OF :~=tI~t'~IM
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STATE OF CALIFORN:IA)
COUNTY OF ORANGE ) 55.
CITY OF WHElM )
I, DEN!: M. WILLIAMS, City Clerk of the Ci {y of Anaheia,
do hereby certify that the foregoing Resolution was introduced and
adopted at an adjourned regular meeting of the City Council of the
City of Anaheim, held on the 16th day of September, l~S, ):>y the
following vote:
AYES, COUNCIlMEN I pearsont ~rden, Fry, Schutte and Coons
NOES I COUNCIlMEN I None
ABSENT I COUNCIlMEN I None
AND I FURTHER CERTIFY tha t the Mayor of the Ci ty of
Anaheim approved and signed said Resolution on the 16th day of
September, 1958.
IN WI~ W~OF, I have hereunto set 11I'f hand and
affUed the official seal of the City of Anaheim this 16th. day of
SepteJl8el!:t 1958.
I '-
JI. / / > c.,; <t--~
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAt) .
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