1965-275RESOLUTION NO. 65R- 275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION
OF AN AMENDATORY AGREEMENT TO THAT CERTAIN AGREE-
MENT ENTERED INTO BETWEEN THE CITY AND BECHTEL
CORPORATION ON AUGUST 18, 1964 WITH REFERENCE
TO A LIGHTING SYSTEM FOR THE ANAHEIM MUNICIPAL
GOLF COURSE.
WHEREAS, the City of Anaheim and Bechtel Corporation
entered into an agreement on August 18, 1964 whereby Bechtel
Corporation agreed to design a complete and adequate system
for illumination of nine holes of the City's municipal golf
course; and
WHEREAS, Paragraph 6 of said agreement provides that:
"Upon completion of plans and specifications and acceptance by
the City of said plans and specifications, a sum sufficient to
equal seventy -five (75) per cent of the total fixed fee shall
be due and payable. Upon completion of the construction work
and acceptance by the City of the project, the remainder of
the total fixed fee shall be due and payable and
WHEREAS, said plans and specifications have been
completed and accepted by the City; and
WHEREAS, both the City and Bechtel Corporation anti-
cipated that said project would be constructed and completed
during the 1964 -1965 fiscal year; and
WHEREAS, the City has determined and decided to delay
construction of said project; and
WHEREAS, the City has retained Eleven Hundred and
Twenty -five ($1125.00) Dollars, a sum equal to twenty -five (25)
per cent of the total fixed fee to be paid to Bechtel Corpora-
tion, pursuant to said agreement; and
WHEREAS, the compensation due Bechtel Corporation
was primarily for design and not for construction supervision;
and
WHEREAS, the City and said Bechtel Corporation desire
to amend said agreement to provide that the City will not re-
tain a sum of 25% of the total fixed fee as provided in Para-
graph 6 of said agreement, but will retain the sum of $200.00,
to be due and payable upon completion of the construction work
and acceptance by the City of the project.
NOW, THEREFORE BE IT RESOLVED by the City Council
of the City of Anaheim that an amendatory agreement to that
certain agreement hereinabove referred to, dated August 18,
1964, be made and entered into by and between the City and
Bechtel Corporation, providing as follows:
That the City will not retain a sum of 25% of the total
fixed fee until completion of the construction work
and acceptance by the City of the project as provided in
Paragraph 6 of the original agreement. The City shall
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agree to withhold Two Hundred ($200.00) Dollars, to be
due and payable upon completion of the construction work
and acceptance by the City of the project.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be and they are hereby authorized to execute said amendatory
agreement for and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by
me this 6th day of April, 1965.
ATTEST:
CY Y CLERK OF THE CITY OF ANAHEIM
MAYdg OF THE CITY
PRO TEN'
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:STATE 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 passed and
adopted at a regular meeting of the City Council held on the
6th day of April, 1965, by the following vote of the members
thereof:
AYES: COUNCILMEN: Pebley, Dutton, Schutte and Krein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Chandler
/Pro Tem
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 6th day
of April, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 6th day of April,
1965.
ITY CLERK OF THE CITY OF ANAHEIM