57R-4206
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WHEREAS, Clar.noe W. Kau.rlua.n and. El1zaD.th :Ma.er...n,
"sDand. &ad. wlt., bav. .u..ltte4 tG tae City Counoil ot the Cit1
et Anaheim a !ract Ilap tor Traot .0. 329' and have req,uestecl the
City CGlUDell to finally appron said. Tract Xap; and
WHEREAS, sald Clar.noe W. Kauerhan and. Ells..eth
Ilau.rhan lIava agreed to furn18h er oaU8e to be turnlshed. and to
pay tor all labor, aat.rlals and equip.ent, and. pertor. er oaU8'
te D' pertor.ed. and. pay tor all work to aake and complete all
str.et improve.ents and s.wer and. water aa1ns and. lines and. all
engi.eeriRg r.quired lnslde ot said !raot 10. 3290, as requlred
8Y the 01 ty ot Aaahe1., aoting., and. threugh the 01 ty Engia.er
aad the Saperlntendent ot the Light, Power and Wat.r D.part..n.t,
ud i. aooordance with the proTisions ot the Anahe1.)(unicipal
Ood. and ordinanoes of the Oity, all in aooordanoe w1th the speote
tioatlens of the 01ty Engineer and. the Superlntend.nt 01' Llght,
Pow.r and Water ot the City ot Anaheim, .aid apron.eats to 'be
eo.pleted. on or betore nine (9) months trom the 5th day 01'
Nove.ber, 1951; and
WHEREAS, in 11eu of the postlng with the Oit1 01' Anaht1a
01' a surety bond or a deposlt as requlr.d 'by S.otion 11612 ot the
Busine.s and Protesslons Code of the State of Oalitornia, Olar..oe
W. Xau.rhan and Elizabeth Kauerhan de.ire to d,posit vith the Bank
ot Aaerloa latlon&1 !rust and Savlngs Assoolation, Anaheim Branch,
as .sorow 8<<.nt, oash, ln lavfal .on'1 01' the Unlt.d States, in an
..aunt estisated to be neo.ssary to pay tor the oost ot all laDor,
.at.rials aDd equip.ent and the pertorll&Doe of all work tor the
lnstallatioR and completion 01' sald i.proTe.ents, as a guarantee
that said Olarence W. Kauerhan and Elizabeth Mauerhan vill lI&ke
or oause to be made and completed 8ald 1aprovea.mts as r.quired
by tae Oi ty or Anaheim, and pay the oost thereot; and
WHEREAS, the Oity Oouncil t1nds that the estlmated oost
of said street, sewer and water improve.nts is the su ot
.",000.00; and
WHEREAS, the 01ty OQUDCll fiDds that if said sum is
d.po.ited with sald Bank ot America Natlcmal Trust and SaTings
Association, Anaheim Branoh and all ola1ms tor labor and Jlaterials
are approved by the City EDglneer or the Superintendent ot the
Llght, Power and Water Departaent and paid directly to the person,
tirm or oorpcration pertora1ng 8uch laDor or turnishing 811Ch
materials by said Bank of A.erloa National Trust and Saving8
Ass.eiat1on, Anahel. Branoh, and that titte.n (lS~) per cent ot
said d.posit ls held until thirty-tive (35) days ~tter the ti11ng
ot Aotio. of ccmpletion of 8aid work and improTe.ent., that the
01ty of Anahei. vill be adequately proteoted in the matter.
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NOW, THEREFORE, BE IT RESOL YED by the Clty Couaol1 of
the 01 ty of .Anaheim that sa1d C1erenoe W. :Mau.erhan uti Ellza.eth
Jlauerhan be, and they are hereby, authorized to d.po81t the lum
of .39,000.00, 1aYful. money of the Unlted States, with Bank of
Amerloa Natlonal Trust and Savlngs Assoclatlon, Anabel. Branch,
as esorow agent, as seouri ty for the pay.ent of the CII>st of &11
labor, aaterlals and. 'Cluip.ent in making the street i.provI.lnt8
and the stwer and water improvements, and &11 engineering, inside
of Traot No. 3290, and that the monlY deposited by .a1d. Clarenoe
W. Xaulrhan and Elizabeth :Mauerhan Yi th the Bank of Alaerioa
National Trust and Savings Association, .Anabel.. Bruch, Anaheim,
California, &8 escrow agent, as seourity for the. f'urnlsh1ng and
pay.ent of all labor, materials and equipment req,uired f'or the
making, installation and completion of sald improvements, may be
used from and after the execution of an agreement by ud betw'la
the Oity of Anaheim, Olarence W. Mauerhan and Elizabeth :Mauerhan,
and Bank of Amerioa National Trust and Savings Association,
Anabeim Branch te make progress payments to pay for material8
fur.ished and labor performed in the making and completlon of 8a1d
improvemeat8, such progre8S payments to be made a8 tollows:
Progre8s payments shall be aade not
oftener than twioe monthly, and ln
the manner hereln provlded.
That &11 suoh progre8s payments shall be made dlrectly
by 8a1d Bank of Amerlca Natlonal Tru8t and Savlngs Association,
Mahei. Branoh to the per8on, firm or corporation furnishing 8uoh
aaterial8 or perrora1ng suoh labor, upon written i tembeel 8tate-
.ents showing the furnishing or suoh materials or the perror.anca
of suoh labor, approved by the Oity Engineer for labor and mate-
rial8 f'urnished for street and sewer improvements, and approved
by the Superintendent or the Light, Poyer and Water Department
for water mains and lines, and by Olarence W. :Mauer han , or his wif'e.
AKD BE IT FURTHER RESOLVED that the Hayor and the Oity
Clerk be, and they are hereby, authorized to enter into and exeoute
aR agreement for and on behalf of the Oi ty of Anaheim with Clarence
W. Mau.erhan and E1izabeth Hauerhan and Bank of Amerioa National
'frust and Savings Assoclation, .Anahei81. Branoh, Anaheim, Oalifornia,
in a torm approved by the Oi ty Attorney, inoorporatiq tb.e pre-
visions or this resolution and proYiding tor payment ot .aid
depOsit to the 01ty of Anaheim, or so mu.oh thereof as aay be neoes-
sary to rei.burse the Oity, in the event of detault by said above
named persona in the perf'ormanoe of said agreement. That said
agreement shall be dated the 5th 4ay of November, 1957.
THE FOREGOING RESOLUTION i8 approved and signed by me
this 5th day of Nove.ber, 1957.
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AT'1.'J:ST:
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STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIMM )
"
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certif)t'that the foregoing Resolution was passed and adopted
at an adjourned regular meeting of the City Council held on the 5th
day of November, 1957, by the following vote of the members theri!of:
AYESI COUN::ILMEN: Pearson, Coons, Fry, Schutte and Wisser.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
signed and approved said Resolution on the 5th day of November, 1957.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 5th day of November, 195R.
1.j '---~ '1----
>/fiI /,If. .4/..-/A:" ?-?-L4<.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
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