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1954-2613RESOLUTION NO. 2613 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DEPOSIT IN ESCROW WITH SOUTHERN FEDERAL SAVINGS AND LOAN ASSOCIA- TION OF LOS ANGELES BY ROBINWOOD PARK, LTD. OF FUNDS REQUIRED FOR THE FURNISHING, INSTALLATION, AND COMPLETION OF ALL IMPROVEMENTS REQUIRED BY THE CITY OF ANAHEIM IN TRACT NO. 2287; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR AND ON BEHALF OF THE CI`T`Y OF ANAHEIM. WHEREAS, Robinwood Park, Ltd., a limited partnership, has submitted to the City Council of the City of Anaheim a Tract Map for Tract 2287 and has requested the City Council to finally approve said Tract Map; and WHEREAS, said Robinwood Park, Ltd. has agreed to furnish or cause to be furnished and to pay for all labor, materials and equipment and perform or cause to be performed and pay for all work to make and complete all street im- provements and sewer and water mains and lines and all engin- eering required inside said Tract 2287, as required by the City of Anaheim acting by and through the City Engineer and the Superintendent of the Light, Power and Water Department, and in accordance with the provisions of the Anaheim Municipal Code and ordinances of the City, all in accordance with the specifications of the City Engineer and the Superintendent of Light, Power and Water of the City of Anaheim, said im- provements to be completed on or before twelve (12) months from the 22nd day of December, 195; 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 Business and Professions Code of the State of California, Robinwood Park, Ltd. desires to deposit with the Southern Federal Savings and Loan Association of Los Angeles, 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 Robinwood Park, Ltd. will make or cause to be made and completed said im- provements as required by the City of Anaheim, and pay the cost thereof; and WHEREAS, the City Council finds that the estimated cost of said street, sewer and water improvements is the sum of Sixty -one Thousand One Hundred Fifty Dollars (461,150); an d WHEREAS, the City Council finds that if said sum is deposited with said Southern Federal Savings and Loan Association and all claims for labor and materials are ap- proved by the City Engineer or the Superintendent of the Light, Power and Water Department and paid directly to the person, firm or corporation performing such labor or fur- nishing such materials by said Southern Federal Savings and Loan Association, and that twenty (20) per cent of said de- posit 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 mat- ter. -1- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said Robinwood Park, Ltd., a limited partnership, be, and it is hereby, authorized to de- posit the sum of Sixty -one Thousand One Hundred Fifty Dollars (4,361,150), lawful money of the United States, with Southern Federal Savings and Loan Association, as escrow agent, as security for the payment of the cost of all labor, materials and equipment in making the street improvements and the sewer and water improvements, and all engineering inside of Tract 2287, and that the money deposited by said Robinwood Park, Ltd. with the Southern Federal Savings and Loan Association of Los Angeles, California, as escrow agent, as 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 execution of an agreement by and between the City of Anaheim, Robinwood Park, Ltd. and Southern Federal Savings and Loan Association, to make progress payments to pay for materials furnished and labor performed in the making and completion of said improve- ments, such progress payments to be made as follows: ATTEST: 'Progress payments shall be made not oftener than twice monthly, and in the manner here- in provided. That all such progress payments shall be made directly by said Southern Federal Savings and Loan Association 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 performance of such labor, approved by the City Engineer for labor and materials furnished for street and sewer improvements, and approved by the Superintendent of the Light, Power and Water Department for water mains and lines. AND BE I T FURTHER RESOLVED 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 Robinwood Park, Ltd., a limited partnership, and the Southern Federal Savings and Loan Association of Los Angeles, 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 reimburse the City, in the event of default by said Robinwood Park, Ltd. in the perform- ance of said agreement. That said agreement shall be dated the 22nd day of December, 1954. THE FOREGOING RESOLUTION is signed and approved by me this 30th day of December, 1954. 2 MAYOR OF THE CITY OF ANAHEIM. CI`T'Y CLERK OF THE CITY 0P ANAHEIM. -2- STATE OF CALIFORNIA `COUNTY `OF ORANGE ss. CITY OF ANAHEIvI I, DENE M. WILLIAMS, City Clerk of the City of Anaheim `DO HEREBY CERTIFY that the foregoing resolution was introduced and adopted at an adjourned regular meeting provided by law of the City Council of the City of Anaheim held on the 30th day of December, 1954, by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMAN: Pearson, Fry, Schutte, and Van Wagoner. None. Wisser. And, I FURTHER CERTIFY THAT the Mayor of the City of Anaheim approved and signed said resolution on the 30th day of December, 1954. IN WITNESS WHEREOF, I have hereunto set my hand`and affixed the official seal of the City of Anaheim this 30th day of December, 1954. (SEAL) City Clerk of the City of Anaheim, California