94-167 CITY OF ANAHEIM RESOLUTION NO. 94R- 167
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA APPROVING THE FIRST
SUPPLEMENTAL ESCROW AGREEMENT AND CERTAIN ACTIONS
IN CONNECTION THEREWITH
WHEREAS, the City of Anaheim (the "city") has previously
executed and delivered an Escrow Agreement (the "Escrow
Agreement"), dated as of May 1, 1993, by and between the City and
First Trust of California, National Association, as Escrow Agent
(the "Escrow Agent"); and
WHEREAS, in order to cure an ambiguity with respect to
the authorization of the Escrow Agent to hold the Utilities
Building Escrow Account with its parent company, an amendment to
the Escrow Agreement is desirable and in the best interests of the
parties to the Escrow Agreement; and
WHEREAS, Section 10(a) of the Escrow Agreement provides
that the Escrow Agreement may be amended in specified circumstances
by a supplemental escrow agreement, entered into by and between the
Escrow Agent and the city and this amendment is one such
circumstance; and
WHEREAS, the city and the Escrow Agent desire to execute
and deliver the First Supplemental Escrow Agreement, dated as of
July 1, 1994, by and between the city and the Escrow Agent (the
"First Supplemental Escrow Agreement") the proposed form of which
has been presented to this city Council, to accomplish such
amendment to the Escrow Agreement; and
WHEREAS, the City has determined that it is in the best
public interest of the City and the citizens of the city to approve
the document mentioned above and authorize and approve the
transactions contemplated thereby.
NOW, THEREFORE, the City Council of the City of Anaheim,
California, does hereby resolve, determine and order as follows:
SECTION 1: That the First Supplemental Escrow Agreement
presented to this City Council is hereby approved. The Mayor, the
City Manager, the City Treasurer and the city Clerk are authorized
and directed for and in the name of the City to execute and deliver
said agreement. The agreement shall be executed in the form hereby
approved, with such additions thereto and changes therein as are
approved by the Public Utilities General Manager (or, in the
absence of the Public Utilities General Manager, the Assistant
LA01 ',6169\15639.1 94601.3
General Manager of Finance and Administration of the Public
Utilities Department), and are in substantial conformance with the
form hereby approved, such approval to be conclusively evidenced by
the execution and delivery thereof.
SECTION 2: The Mayor, the City Manager, the Public
Utilities General Manager, the Assistant General Manager of Finance
and Administration of the Public Utilities Department, the City
Clerk, the City Attorney and the City Treasurer and the other
officers and officials of the city are hereby authorized and
directed, jointly and severally, for and in the name of the City,
to do any and all things and to execute and deliver any and all
documents which they, or any of them, may deem necessary and
advisable in order to achieve the consummation of the transactions
contemplated by the First Supplemental Escrow Agreement and this
Resolution, and such actions previously taken by such officers are
hereby ratified and confirmed.
SECTION 3: This Resolution shall take effect from and
after its date of adoption.
PASSED AND ADOPTED this 12 day of July, 1994, by the
following vote:
AYES: FELDHAUS, SIMPSON, PICKLER, HUNTER, DALY.
NOES: NONE
ABSENT: NONE
City Clerk
LA01 \6169\15639.1 2 94601.~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-167 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 12th day of July, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-167 on
the 13th day of July, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 13th day of July, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is the original
of Resolution No. 94R~167 was duly passed and adopted by the City Council of the City of Anaheim on July
12, 1994.
CITY CLERK OF THE CITY OF ANAHEIM