57R-4022
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RE SOLUT ION NO. 4022
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF Ai:J1:Ji::::nr AUTHORIZING THE DEPOSn IN E;SCRO'fl
WITH BA~K OF A}&RICA NATIONAL TRUST AND SAVINGS
ASSOCIATION1 FULLERTOL BRANCH BY EUGENE A.
FAHRION OF FUNDS RY:QUIRED FOR THE FlJR1;ISHING,
INSTALLATION AND COlPLET2CN OF ALL UJPROVEJ.lJENTS
REQUIRED BY THE CITY OF iU;AHEIli IN TRACT NO.
3160; AND AUTHORIZING THE HAyDn AND CITY CLERK TO
EXECUT}, AN AGRE:ElciENT FOR AND ON BEHALF OF TEE
CITY OF ANAHEIM.
h1fEID~),SI Eugene A. Fahrion has submitted to the City
Council of the Ci t.y of Ananeim a Tract llap for Tract No. 3160
and has reouested the City Council to finally a9prove said Tract
Hap; and
~HERbAS, said Eugene A. Fahrion has agreed to furnish
or cause to be furnished and to pay for all labor, materials and
equipment, and Derform or cause to be performed and pay for all
work to wake 6:.nd complete all street improvements anct sewer and
wccter mcins and lines ancl all engineering required inside of said
Tract No. .3160, as required by the City of Anaheim, acting by end
through the City Engineer and the Superintendent of the Light,
Water and Power Department, and in accordance witll the provisions
of the Anaheim Nunicipal Code c,nd ardine.nces of the City, all in
accordance l'li th the specifications of the Ci t;y Engineer and the
Superintendent of Light, ';,;eter ano, POHer of the City of Anaheim,
said improvements to be completed on or before twelve (12) months
from the 30th day of Jul,y, 1957; and
'\'iHE:RJ::AS, in lieu of the posting lvi th the City of Anaheim
of a surety bond or 8. deposit 8.S required by Section 11612 of the
Business and Professions Code of the State of California I Eugene
A. Fahrion desL'ss to de:posi t with the Bank of America National
Trust and Savings Associ8tionl Fullerton Branch, Fullerton, Cali-
fornia, as escrow agent, caRh, in lawful money of the United statesl
in ar:. amount estimi.teo. to be neceEisary to pay for the cost of all
labor, mb. terials and equi})me;1t &no. the performance of all work
for the installation and completion of said improvements, as a
gUira.ntee that said Eugene A. Fahrion will make or caUse to be
maD,e 8.ne:. completed said improvements [eS required by the City of
Anaheim, and pay the cost thereof; and
~'fHEREAS, the City Council finds that the estima.ted cost
of 88id street, sewer ane ,-later irnDrovements is the sum of Eleven
Thousand Dollars ($11,000.00); and'
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,iHER;AS, the City Council finds that if said sum is de-
posited with said Bank of American National Trust and Savings Asso-
ciation, Fullerton Branch and all claims for labor and materials
are approved by the City Engineer or the Superintendent of the
Light, liater and Power Department and. paio. d.irectly to the person,
firm or corporEction Derf"orming such l2.bor or furnishing such materi-
als by said Bank of America National Trust and Savings Association,
Fullerton Branch, and that -fifteen- (1.5) per cent of said deposit
is held until thirty-five (35) days after the filing of notice of
completion of said worl<;: and imorovements, that the City of Ana.heim
will be adequately protected in the matter.
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NOW, THEREFORE, BE IT RiSOLVED by the City Council of
the City of Anaheim that said Eugene A. Fahrion be, and he is
hereby, authorized to deposit the sum of Eleven Thousand Dollars
($11,000.00), lc,wful money of the United Ste,tes, with Bank of
America National Truet G.nc. Savings Association, Fullerton Branch,
as escrow agent, as security for the payment of the cost of all
labor, me.terials and equipment in making the street improvements
and the sewer and water improvements, and all engineering, inside
of Tract No. 3160, and that the money deposited by said Eugene
A. Fahrion with the Bank of America National Trust and Savings
AS20ciation, Fullerton Branch, Fullerton, California, as escrow
agent, [S security for the furnishing and payment of all labor,
materials and equipment required for the making, installation
and completion of said improvements, may be used from and after
the executi on of an c.greement by and bet\'leen the City of Anaheim,
Eugene A. Fahrion, and Bank of America National Trust and Savings
Association, Fullerton to make progress payments to pay for materi-
als fL~nished and labor performed in the making and completion of
said improvements, such progress payments to be made as follows:
Progress payments shall be made when the
improvements hereinabove mentioned and
described have been made and installed
and the work of installation completed
and a report thereof has been filed with
the escrow agent, and as hereinafter
provided.
That all such progress payments shall be made directly
by said Bank of AmeriCB. N~.~tion&2. Trust 2.nd Sc.vings Associe<.t ion,
Fullerton Branch to the person, firm or corporation furnishing
such materials or -performing such labor, U1)On \'lri tten itemized
statements shm,ring the furnishing of such rr.aterials or the per-
formance of such labor, a-pproved by the City Engineer for labor
and materials furnished for street and sewer improvements, and
approved by the Superintendent of the Light, \JEter and Power De-
partment for water mains and lines, and by Eugene A. Fahrion.
AND 3E IT FURTHER RESOLVED that the Mayor and the City
Clerk be, and they are hereby, authorized to enter into and exe-
cute an agreement for and on behalf of the City of Anaheim with
Eugene A. Fahrion and Bank of America National Trust and Savings
Association, Fullerton Branch, Fullerton, 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 reim-
burse the CHy, in the event of default by said Eugene A. Fahrion
in the performance of said agreement. Tlu.t said agreement shall
be dated the 30th day of July, 1957.
THE FOREGOING RESOLUTION WAS signed and approved by me
this 30th day of July, 1957.
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MAYOR OF THE CI OF ~
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ATTEST:
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<<.vP~; ",~.L J P"h --....... v j
CITY CLERK OF THE CITY OF ANAHEHl
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SUT! OF CALIFORfUA f
COUJrIY OF (lW\GE )
CITY OF J.NAltEIM )
l, DEME M. WIUIAIIS, Ci ty Clerll! of the City of Anallea, do
hereby <l,rtify that the f>rego1ng resolutiqn was 1ntiodtitc:ed aM adopted
a t an adjourned regulu ....ting 0 f the Ci 1!Y Co,unci 1 of. the Ci ty of
Anab.1IAt held on the 30th day of July, 1957, by the following vot~l
58.
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AYESl COUlCILMElh Pearson, Coons, Fry; Schutte .00 Wisser.
IIJESI COUlCIIJmNI None.
ABSENTI COUlfCILJmth None.
AND I PURTDR CEJm:FY that the Ma}'Qr 9f the City of ARl.heu ap-
pl'(Mld and signed said Resolution on the 30th day of JulYt 1957.
IN WITlESS WHEREOF, I have her8W1to s.et .y hand and affixed the
official seal of the City of Anabea this 30th day of July, 1957.
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