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1953-21093 4 I1 5 6!. 7 1952, the City of Anaheim,as Party of the First Part, made and 811 entered into a contract with Placentia Villa Corporation, Party �1 1 9I of the Second Part, and Fidelity Federal Savings and Loan Association 10 of Glendale, California, a corporation, Party of the Third Part, 11 i wherein and whereby, the Party of the Second Part did agree to 12 furnish all labor, materials and equipment, and perform all work 13 14 15 16 17 18 19 20 21 22, 23 24 25 28 29 30 31 1 CITY OF ANAHEIM H 204 E. CENTER ST. ANAHEIM, CALIFORNIA iI 32; ments in said Tract No. 1635. -1- RESOLUTION NO. 2109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT OF CON- TRACT DATED NOVEMBER 20, 1952, BY AND BETWEEN THE CITY OF ANAHEIM, PLACENTIA VILLA CORPOR- ATION, AND FIDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION RELATING TO TRACT NO. 1635. to install and lay all curbs, gutters, and sidewalks, paving all WHEREAS, heretofore, to wit: On the 20th day of November, streets and alleys, lay and install all sewer mains and lines, and all water mains and lines as more particularly set forth in said Agreement; and WHEREAS, said Placentia Villa Corporation has deposited with Fidelity Federal Savings and Loan Association in Glendale, California, a corporation, the sum of X97,715.64 as provided in said. Agreement as security for the furnishing of said materials and the performing of the labor to make and complete the improve- ments mentioned and described in said Agreement; and WHEREAS, it is provided in said Agreement that no part of said sum deposited with said escrow agent as therein provided shall be used to make progress payments for said improvements as 26 j and when completed; and 27 1 WHEREAS, it is the desire of all of the Parties to said Agreement of November 20, 1952, that the same be modified to permit; the use of said sum so deposited with the Party of the Third Part to be used to make progress payments for materials furnished and labor performed in the installation and completion of said improve 7 11 27 28 30 29 and effect. NOW, THEREFORE, BE IT RESOLVED BY THF CITY COUNCIL OF 2i THE CITY OF ANAHEIM that said Agreement made and entered into on 31i the 20th day of November, 1952, by and between the City of Anaheim, 10 and the Parties hereinabove mentioned be, and the same is hereby, 5 modified as follows: i Gil 1. That the money deposited by the Party of the Second Part with the Party of the Third Part as escrow agent to be held 811 as security for the furnishing of material and labor for the making 9 and completion of the improvements more particularly mentioned and 10 described in said agreement, may be used from and after the execu- tion of this Agreement to make progress payments to pay for mater- 12 dials furnished and labor performed for the installation and laying 13 of curbs, gutters and sidewalks, paving of streets and alleys, 14 laying and installation of sewer mains and lines and water mains 15 and lines as provided in said Agreement in said Tract No. 1635 in 16 the City of Anaheim, County of Orange, State of California. 1 7 2. That all such progress payments shall be made directl 18 by the Party of the Third Part to the person, firm or corporation 19 furnishing such material or performing such labor; that no such 201 progress payments shall be made unless and until written itemized 21 statements showing the furnishing of such material or the perfor- 221 mance of such labor approved by the City Engineer and the City 23 Attorney of the City of Anaheim and. by W. E. Clark or C. L. 24 1 Blanchard of the Party of the Second Part are filed with the Party 25 1 of the Third Part herein. 26 11 3. That except as herein modified, the Agreement made and entered into by and between the Parties hereto on the 20th day of November, 1952, shall in all other respects remain in full force 311 this 24th day of February, 1953. 3211 j ATTEST: CITY OF ANAHEIM 204 E. CENTER $T. II ANAHEIM, CALIFORNIA 11 CI THE FOREGOING RESOLUTION is signed and approved by me d v AN 4 MAYOR OF T E CITY OF ANAHEIM CITY OF ANAHEIM 204 E. CENTER ST. ANAHEIM, CALIFORNIA STATE OF CALIFORNIA 1 COUNTY OF ORANGE ss. CITY OF ANAHEIM 2 3 4 7 8 9 1 10 11 12 13 14 15 16 17 18 19 I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a 5 6 by the following vote of the members thereof: Re 4ar meeting of the City Council of the City of Anaheim, held on the 21.1,ti day of__x'_O Ui Xy AYES: COUNCILMEN: Pet s, ors, Wis. ,z and Bo.,F> NOES: COUNCILMEN: Nor ABSENT: COUNCILMEN: TTe y i r16 and Van, Wacof er. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 24-ti I day of Fu Y 19 -53 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of F( bru4ry_ 20 21 (SEAL) 22 23 24 25 26 27 28 29 30 31 32