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63-0507RESOLUTION NO. 63R -507 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF ANAHEIM, WM. D. GRESCHNER CO., AND INDUSTRIAL INDEM- NITY COMPANY WITH REFERENCE TO THE POLICE FACILITIES BUILDING AND THE CENTRAL LIBRARY BUILDING IN THE CITY OF ANAHEIM. Acctg Off Engr WHEREAS, heretofore and under date of April 13, 1962, the City of Anaheim and Wm. D. Greschner Co. entered into a contract for the construction of a Police Facilities Building and a Central Library Building in the City of Anaheim; and WHEREAS, in connection with the execution of said contract, Industrial Indemnity Company became the surety for said Wm. D. Greschner Co. on the Labor and Material Bond and the Faithful Performance Bond; and WHEREAS, Paragraph "THIRD" of said contract of April 13, 1962 provides, through reference to the specifications upon the respective Police Facilities Building and the Central Library Building, that the City shall retain fifteen per cent (157) of any amounts due said Wm. D. Greschner Co. until after completion of contract; and WHEREAS, in order to expedite completion of said contract and to release certain additional funds to satisfy current obligations, Wm, D. Greschner Co, has requested that said contract of April 13, 1962, be amended to reduce the amount to be retained by the City to seven per cent (7 70); and WHEREAS, Industrial Indemnity Company is willing to consent to such requested change and to take an active part in the administration and disbursement of funds under said contract; and WHEREAS, the City of Anaheim, Wm. D. Greschner Co. and Industrial Indemnity Company desire to enter into a contract amending said contract dated April 13, 1962 as above outlined and as more particularly hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that an agreement be made and entered into by and between the City of Anaheim, Wm. D. Greschner Co. and Industrial Indemnity Company amending said contract dated April 13, 1962 and providing as follows: 1. That notwithstanding the provisions of Paragraph "THIRD" of said contract of April 13, 1962, as the same may require a fifteen per cent (15 retention of funds by the City of Anaheim, the City may release eight per cent (8 as herein- after set forth and shall continue to retain seven per cent (77) of moneys due under said contract. -1- ATTEST: 2. That unless directed in writing to the contrary by Industrial Indemnity Company, any payments hereafter due to Wm. D. Greschner Co. shall be be made payable to said Wm. D. Greschner Co. but shall be delivered to Industrial Indemnity Company. 3. That the terms and conditions of said contract of April 13, 1962 shall be amended to the limited extent provided for herein, and otherwise shall remain in full force and effect. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this llth day of June, 1963. 1 CLE)3K OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the llth day of June, 1963, by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. -2- YOR OF THE CITY OF ANAHEIM AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the llth day of June, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of June, 1963. CI y CLERK OF THE CITY OF ANAHEIM