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1953-2215RESOLUTION NO. 2215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DEPOSIT IN ESCROW WITH FEDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF GLENDALE, CALIFORNIA BY BILL CO., INC. OF FUNDS REQUIRED FOR THE MAKING AND INSTALLATION OF ALL IMPROVEMENTS REQUIRED BY THE CITY OF ANAHEIM IN TRACT NO. 1843 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMEENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. WHEREAS, Bill Co., Inc., a Corporation, has submitted to the City Council of the City of Anaheim a Tract Map for Tract No. 1843 and has requested the City Council to finally approve said Tract Map, and WHEREAS, said Bill Co., Inc. has agreed to furnish all labor, materials and equipment and perform all work to make all improvements inside and outside of said Tract No. 1843, to -wit: Install and lay all curbs, gutters and sidewalks, pave all streets and alleys, lay and install all sewer mains and lines and all water mains and lines as more particularly set forth as follows: STREET IMPROVEMENT WORK: Excavation 7,500 Cu. yd .50 Std. Curb and Gutter 8" CF Std. Curb and Gutter 6 "CF Std. 8" CF Std. 6" CF Std. Curb (Var) Std. X- gutter 6" thick Std. Alley entrance 6" thick 2" AC Pav't 3" AC Pav't 3" Rock base Street signs Inspection Moves of utility poles SEWER IMPROVEMENT WORK: 13 Std. sewer manholes 1 Std. Cleanout 8" VCP 4" VCP HC'S WATER MAIN INSTALLATION WORK: App. 28 Lin. ft. of 6" steel wat 2 of the cost of App. 600 ft. of installed. 2 of the cost of App.1700 ft. of installed. All valves, valve boxes and fire necessary appurtenances. 3,466 lin ft. 3.085 lin ft. 78 lin ft. 80 lin ft. 262 lin ft. 2,565 Sq. ft. 1,000 Sq. ft. 50,065 Sq. ft. 192,000 Sq. ft. 37,180 Sq. ft. 5,125 lin. ft. 3,400 lin. ft. er pipe 6" water main already 8" water pipe already hydrants and other all in accordance with the specifications of the City Engineer of the City of Anaheim, said improvements to be completed on or before twelve (12) months of the date hereof, and WHEREAS, in lieu of the posting with the City of Anaheim a surety bond or a deposit as required by Section 11612 of the Business and Professions Code of the State of California, said Bill Co., Inc. desires to deposit with an escrow agent cash, in lawful money of the United States, in the amount estimated to be necessary to pay for the cost of all labor, material and equipment, and the performance of all work for the installa- tion and completion of said improvements, as a guarantee that said Bill Co., Inc. will make and complete the improvements as herein required, and WHEREAS, the City Engineer has estimated that the sum of $89,000.00 will be sufficient to cover the cost of labor, equipment and material to make, install and complete said im- provements, and the City Council does hereby find that said sum is the amount that should be deposited to guarantee the making and completion of said improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, that upon the final approval of the map for said tract No. 1843, that said Bill Co., Inc. shall make a deposit in cash, lawful money of the United States of the sum of 89, 000.00 to cover the cost of labor, equipment and materials, and the performance of all work necessary to make, install and com- plete all improvements required by the City of Anaheim, and that said improvements shall be made in strict accordance with the specifications of the City of Anaheim, and that said Bill Co., Inc. be, and it is hereby authorized to deposit with Fidelity Federal Savings and Loan Association, a Corpora- tion of Glendale, California as escrow agent pursuant to Section 11613 of the Business and Professions Code of the State of California the sum of 89,000.00 lawful money of the United States, to be held by said escrow agent in accord- ance with said Section 11613 of the Business and Professions Code upon the following terms and conditions: A. That said Bill Co., Inc. agrees to furnish all labor, material and equipment and the performance of all work, and to make the improvements hereinabove specified and described in a good and workman like manner all in accordance with the specifications of the City of Anaheim, said improvements to be completed on or before twelve (12) months from the date hereof. AND BE IT FURTHER RESOLVED that the funds so deposited by said Bill Co., Inc. with. the Fidelity Federal Savings and Loan Association of Glendale, California as escrow agent shall be held and disbursed by it in accordance with the terms, conditions and provisions of this Resolution and the Agreement to be made and entered into by and between the City of Anaheim, Bill Co., Inc. and said Fidelity Federal Savings and Loan Association of Glendale, California, a copy of which is hereto attached and made a part hereof. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are hereby, authorized to execute for and on behalf of the City of Anaheim an Agreement in the form hereto attached with Bill Co., Inc. and said Fidelity Federal -2 Savings and Loan Association of Glendale, California. THE FOREGOING RESOLUTION is signed and approved by me this nth day of August, 1953. ATTEST: (SEAL) STATE OF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM I, CHARLES E. GRIFFITH, 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 of the City of Anaheim, held on the llth day of August, 1953. AYES: COUNCILMEN: Pearson, Wisser, Heying and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Boney. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the llth day of August, 1953. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of August, 1953. ahe i m City erk of the City ABCEN.A112. THIS AGREEMENT made and entered into this 12th day of August, 1953, by and between THE CITY OF ANAHEIM, a munioipal corporation, A N D BILL CO., INC., a corporation, A N PARTY OF THE FIRST PART, PARTY OF THE SECOND PART, FIDELITY FEDERAL SAYINGS AND LOAN ASS00IATItJN of Glendale, California, a Corporation, PARTY OF THE THIRD PART, WHEREAS, the Party of the Second Part has submitted to the City Council at thaCity of Anaheim a Tract Map for Tract 1843 and has requested the City Council to finally approve said Tract Map, and WHEREAS, the Party of the8soond Part has agreed to furnish all labor, materials and equipment and perform all work to make the following improvements inside and outside otsaid Traot 1843, to-wit: Install and lay all,ourbe, gutters and sidewalks, pave all streets and alleys, lay and install all sewer mains and lines, and all water mains andlinee as more particularly set forth as follows; STREET IMPROVEMENT WORK: Excavation 7,500 Cu. yd. .50 Std. Curb and Gutter 8' or 3, 466 lin ft. Std. Curb and Gutter 6" C? 3.085 lin ft. Std. 8" 07 8 lain ft. Std. 6' 07 0 lin ft. Std. Curb (Var 262 lin ft. Std. Xigutter thick 2 ,565 Sq. tt. Std. Alley entranoe 6" thick 1,000 Sq. ft. 2" d0 Pav't 50,065 $q,. tt. 3 AC Pav t 192,000 Sq. ft. Rook base 37,180 Sq. ft. Street Signs Inspection Moves of utility poles SEWER IMPROVEMENT WORK: 13 Std. sewer manholes 1 Std. Cleanout 8" VCP 4" VOP HC 5,125 lin. ft. 3,400 lin. ft. WATER MAIN INSTALLATION WORK: App. 2800 lin. ft. of 6" cast -iron water pipe 1/2 of the cost of app. 600 ft. of 6" water main already in- stalled 1/2 of the cost of app. 1700 ft. of 8" cast -iron water pipe already installed All valves, valve boxes and fire hydrants and other neces- sary appurtenances, all in accordance with the specifications of the City Engineer of the City of Anaheim; said improvements to be completed on or be- fore twelve (12) months from date hereof, and 'AREAS, in lieu of posting with the City of Anaheim a Surety Bond or a deposit, as required by Section 11612 of the Business and Professions Code of the State of California, Party of the Second Part desires to deposit with an 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, material, equipment and the performance of all work for the installation and comple- tion of said improvements, as a guarantee that Party of the Second Part will make and complete said improvements as herein required. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES OF THE PARTIES HERETO, AND UPON THE EXPRESS TERMS AND CONDITIONS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THEM, AND EAOH WITH THE OTHER, AS FOLLO';S: FIRST: That in consideration of the final approval of the map for the said Tract 1843, said Party of the Second Part does hereby agree to deposit with Fidelity Federal Savings and Loan Association, a corporation, of Glendale, California, as escrow agent pursuant to Section 11613 of the Business and Pro- fessions Code of the State of California, the sum of $89,000.00, lawful money of the United States, to be held by said escrow agent in accordance with said Section 11613 of the Business and Professions Code, upon the following terms and conditions: A. The Party of the Second Part agrees to furnish all labor, materials and equipment, and perform all work, and to make the improvements hereinabove specified and described in a good and workmanlike manner, all in accordance with the specifications of the City Engineer of the City of Anaheim; said improvements to be completed on or before twelve (12) months from date hereof. SECOND: That if the Party of the Second Part shall well and truly furnish all labor, materials and equipment, and perform all work hereinabove specified to be performed within said period, make said improvements as herein agreed, then this obligation shall be void upon the delivery to the escrow agent of a statement signed by the City Engineer of the City of Anaaeim, California, certifying to the completion of said improvements to the satisfaction of said City of Anaheim and in accordance with the specifications of the City Engineer of the City of Anaheim; but in the event that said Party of the Second Part shall fail to furnish all labor, material and equipment, and make and com- plete said improvements as herein specified, and within the time herein set forth, then and in that event said escrow agent shall, upon demand by the City of Anaheim, pay to said City of Anaheim said sum deposited with it, or so much thereof as the City Engineer of the City of Anaheim shall certify is required to make and complete said improvements,. as herein specified, and within the time herein aet forth, then and in that event said escrow agent shall, upon demand by the City of Anaheim, pay to said City of Anaheim said sum deposited with it, or so much thereof as the City Engineer of the City of Anaheim shall oertify is required to make and complete said improvements. The Party of the Third Part hereby agrees to hold said funds so deposited with it as escrow agent in accordance with all the terms and conditions herein set forth, and upon failure of the Party of the Seoond Part to furnish all labor, materials, and equipment, and perform all work herein required of them to be furnished and performed, and to make and install the improvements hereinabove specified, and upon receipt of a Certificate from tie City Engineer of the City of Anaheim certifying that said labor, materials and equipment have not been furnished, and said work performed, and said improvements made, installed and completed in accordance with the plans and specifications of the City of Anaheim as furnished by the City Engineer and within the time herein required, that said Party of the Third Part will pay to the City of Anaheim the amount of money deposited with it by the Party of the Second Part and held in escrow ae security for the making of said improvements in said Tract 1843 as hereinabove more par- ticularly set forth and the performance of this agreement, or so much thereof as may be certified by the City Engineer of the City of Anaheim to be required to make and complete said improvements; that if said Party of the Seoond Part shall well and truly furnish all labor, materials and equipment, and perform all services and work necessary to make and oomplete the improvements in Tract 1843 hereinabove more particularly mentioned and described, in aocordanoe with the specifications of the City Engineer of the City of Anaheim within the time required, the City Engineer of the City of Anaheim shall deliver to said Party of the Third Part a oerti- fioate in writing oertifying that said improvements have been made and completed as herein required, and upon receipt of such Certi- ficate the funds deposited with such escrow agent shall be dis- posed of ae directed by the Party of the Second Part, with the oonsent and approval of the Party of the Third Part. THIRD: It is further expressly understood and agreed that no part of said sum deposited with said escrow agent as herein provided shall be used to make progress payments for said improve- ments as and when completed, but shall be held as security for the making of said improvements by the Party of the Seoond Part in lieu of the posting of a bond or a deposit with the City of Ana- helm. Upon the failure of the Party of the Third Part to hold and disburse said funds as herein provided, or to comply with the terms of this agreement, it shah become liable to the City of Anaheim for all loss or damage suffered by theCity of Anaheim by reason of the failure of said Party of the Second Part to make and install improvements in said Tract 1843 as herein required, but not exoeeding the amount of the deposit herein required to be made by Party of the Seoond Part with the Party of the Third Part. All escrow charges and fees shall be paid by the Party of the Second Part and the City of Anaheim shall be at no expense in connection with said escrow. FOURTH: It is hereby understood and agreed that the time for completion of said improvements in said Traot1843 is twelve (12) months from and after the date hereof, subject, however, to delays caused by reason of a suspension ordered by the City Fngin- ser of the City of Anaheim for a cause not due to an act, default or omission of the Party of theSecond Part, or because of any other act of neglect of the City or its oftiaers, agents or employees without aontributary fault or negligence on the part of the Party of the Second Part, its agents, servants, employees or sub contractors, or if the work Should be delayed by tire, storm, flood or other acts of God, by war a aote of public enemies, by restriction of the use or procurement of, or inability to obtain materials, by strikes, by unusual delay in transportation, un- avoidable oasualtiea or causes beyond the control and without the fault and negligence of Party of the Second Part, or for any other reason which in the opinion of the City Engineer of the Party of the First Part is proper justification for suoh delay, the time of completion shall be extended for a length of time equal to the delay caused by any of the above mentioned causes. IN WITNESS WHEREOF the City Counoil of the City of Anaheim has caused this agreement to be subscribed by its Mayor and its City Clerk, and said r srties of the Second Part and the Third. Part have caused it to be subscribed by is proper offioers t :.ereunto duly authorized the day and year first hereinabove written. ATTEST: SECRETARY ATTEST: CITY O ANAHEIM, a m 9ipal corporation By MAYOR OF T BILL CO. 1 INC. By PARTY OF THE FIRST PART. PRESU ENT PRESIDENT OF ANAHEIM PARTY OF THE SECOND PART. FIDELITX FEDERAL SAYINGS 4 LOAN CO.Ot GL NDALE, CALIFOHNU By PARTY OF THE THIRD PART.