1955-2738RESOLUTION NO. 2738
A RESOLUTION OF THE CITY COUNCIL O F THE CITY
OF ANAHEIM AJTHORIZING THE RELEASE OF FUNDS
DEPOSITED BY CLAEDGE HOMES FOR TRACT IM-
PROVEMENTS IIN7 TRACT NO. 2161.
WHEREAS, heretofore Claredge Homes, a limited
partnership, did submit to the City Council of the City of
Anaheim for its final approval a tract map for Tract No.
2161; and
WHEREAS, as a condition of the final approval
of said map the City Council did require Claredge Homes
to deposit the sum of 491,000 with Mutual Savings Loan
Association of Pasadena, California to cover the cost of
tract improvements, as provided for in that certain agree-
ment dated the 27th day of September, 1954 made and entered
into by and between the City of Anaheim, Claredge Homes and
said Mutual Savings Loan Association; and
WHEREAS, said agreement provides that 20% of the
funds so deposited in escrow with said Mutual Savings
Loan Association shall be held until 35 days after the
filing of notice of completion of said tract improvements
or, in the event of failure to file a notice of completion,
until 90 days after the completion of said improvements; and
WHEREAS, the City Council is informed by said
Claredge Homes that said tract improvements have been com-
pleted to the satisfaction of the City Engineer and the
City of Anaheim, and that all of the claims for labor and
materials have been paid, except __$4.835.81
and
WHEREAS, said Claredge Homes has requested the
City Council to waive the provisions of said contract and
to authorize the release of the balance of funds held in
escrow by said Mutual Savings Loan Association, except
the sum of 4,835.81
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that Mutual Savings Loan Associa-
tion of Pasadena, California be, and it is hereby, authorized
to release to Claredge Homes the balance of the funds held
by it pursuant to that certain agreement dated the 27th day
of September, 1954, hereinabove referred to, except so much
thereof as shall be necessary to pay and discharge the claims
hereinabove mentioned and set forth, upon receipt of a
certified copy of this resolution; and
BE IT FURTHER RESOLVED that the City Clerk be, and
she is hereby, authorized and directed to furnish a certified
copy of this resolution to said Mutual Savings Loan Associa-
tion only upon the filing in her office, by Claredge Homes,
of statements from all subcontractors that their claims have
been paid and discharged in full, or that they waive any
claims against said funds or the City of Anaheim; and an af-
fidavit of the general contractor that all of his claims and
charges for labor and materials in the making and installation
of said tract improvements in Tract No. 2161 have been paid
and discharged in full, except such as may be listed above;
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and a further statement from Claredge Homes guaranteeing
the payment of all unpaid claims for labor and materials
for said tract improvements, and an agreement to hold the
City harmless against any such claims.
THE FOREGOING RESOLUTION is signed and approved
by me this 26th day of April, 1955.
ATTEST:
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CITY CT.T;RK OF THE CITY OF ANAHEIM
MA OOF THE C TY OF ANAHEIM.
STA 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 introduced and adopted at a regular meeting provided
by law, of the City Council of the City of Anaheim, held
on the 26th day of April, 1955, by the following vote:
AYES: COUNCILMEN: Pearson, Fry, Schutte, Wieser,
and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT C OU NC I LNZGN None.
AND I FU: THER CE tTIFY that the Mayor of the City
of Anaheim approved and signed said resolution on the 26th
day of April, 1955.
IN WITNESS 4HEREOF, I have hereunto set my hand
and affixed the official seal of the City of Anaheim this
26th day of April, 1955.
(SEAL)
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CITY CT. ,RK OF TEE CITY OF aTN :AT -Hr0 M.