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58R-4587 /-.~ ,,-.. RESOLUTION NO. 4587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANADIM AUTHORIZING THE DEPOSIT IN ESCROW WI'fH B.1JIK OF .A.KDICA NATIONAL TRUST AND SAV- INGS ASSOCIATION, ANAHEIM BRAliCH, BY WOIfDER- BOWL, IIC., A, CORPORATION, 0' J'UlDS REQUIRED FOR THE FUlUfISHING, IJTSTALLATIOli .AND COMPLB- TION OF ALL IMPROVEMENTS REQUIRED BY THE CI'fY OF ANAHEIM ON THE HEREINAFTER DESCRIBED PRO- PERTY AID AUTHORIZING THE MAYOR AID CITY CLERK TO EXECUTE AN AGRDMENT FOR AND ON B~Ti' T.lI' OF THE Cln OF ANABEDl. WHIRBAS, WonderBowl, Inc., a corporation, has submitted to the City of Anaheim a proposal to construct and install curbs, gutters, crGss-gutters, sidewalks, street paving, a concrete box oulvert drain, paddle boards lfo. W-6OR, excavations and street lights upon the following described parcel of property, situated in the City of Anaheim, County of Orange, State of California, aore particularly described as follows: The Southerly 510 feet of the Westerly 360 feet of Lot 1 in Tract No. 2854, as shown on a map thereof recorded in Book 90, Page 40 of Miscel- laneous Maps, Records of Orange County, California, all in accordance with Plans Nos. 3097, 3098 and 1,000 on file in the office of the City Engineer of the City of Anaheim; and WHil'R1US, WonderBowl, Inc. has agreed to furnish or caused to be furnished and to pay for all labor, materials and equipment, and perform or cause to be performed 81lld pay for all work to malte and complete said iaprovements upon the above-described parcel of property, to wit: curbs, gutters, cross-gutters, sidewalks, street paving, a concrete box culvert drain, paddle boards No. W-60R, ex- cavations and street lights, and pay all costs of engineering nec- essary in connection therewith, all in accordance with the specifi- cations of the City Engineer and Superintendent of the Light, Power and Water Department of the City of Anaheim, said improvements to be completed on or before nine (9) months from the:Qllh day of June, 1958; and /....--'... WHR'RRAS, in lieu of the posting with the City of Anaheim of a surety bond or deposit, as required by Section 11612 of the Business and Professions Code of the State of California, WonderBowl, Inc. 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, materials and equipment, and the perform- anoe of all work for the installation and completion of said improve- ments, as a guarantee that WonderBowl, Inc. will make and coaplete said improvements as herein required and pay the cost thereot; and WHEREAS, the City Counoil finds that the estimated cost of said street improvements and street lighting is the sum of 111,500.00; and WHEREAS, the City Council finds that if said sum is deposited with the Bank of America National Trust and Savings Association, Anaheim Branch, as escrow agent, and all claims for labor and materials are approved 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 furnishing such materials by said Bank of America National Trust and Savings -1- - ~ Association, Anahei. Branch, and that fifteen (15~) per cent of said deposit is held until thirty-five (35) days after the filing of notice ot completion of said work and improvements, that the Oi ty of Anaheim will be adequately protected in the matter. NOW, T~~1i'ORE, BE IT RESOLVED by the City Council of the City of Anaheim that said WonderBowl, Inc. be, and it is hereby, authorized to deposit the sum of $11,500.00, lawful money of the United States, with Bank of America National Trust and Savings Association, Anahalm Branch, as escrow agent, as security for the payment of all costs of labor, materials and equipment in making the street improvements and street lighting and all engineering upon the real property and premises hereinabove described, and that the money deposited by said WonderBowl, Inc. with Bank of America National Trust and Savings Association, Anaheim Branch, Anaheim, California, as escrow agent, as security for the furnishing and payment of all costs of labor, materials and equipment in ma1cing the street tmpr~vements and street lighting, may be used from and after the execution of an agreement by and between the City of Anaheim, WonderBowl, Inc. and Bank of America National Trust and Savings Association, Anaheim Branch, to make progress paJllents to pay for materials furnished and labor performed in the making and completion of said improvements, such progress payments to be made as follows: Progress payments shall be made not oftener than twice monthly, and in the manner herein provided. That all such progress payments shall be made directly by said Bank of America National Trust and Savings Association, Anaheim Branch, to the person, firm or corporation furnishiBg such ma.terials or performing such labor, upon written itemized statements showing the furnishing of such materials or the performance of such labor, approved by the City Enginaer for labor and materials fur- nished for street improvements, and approved by the Superintendent of the Light, Power and Water Department for street lighting, and by Daniel, Mann, Johnson and Mendenhall, or either of them, on behalf ofc~onderBowl, Inc. AND BE IT 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 Wonder- Bowl, Ino. and Bank of America National Trust and Savings Associa- tion, Anaheim Branch, Anaheim, 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 above named persons in the performance of said agreement. That said agreement shall be dated the 11th day of June, 1958. THE FOREGOING RESOLUTION 11th day of June, 1958. is approved and signed by me this ~ cC i. OF THE C~- ,--c / , ~!~~1~ -2- ,.--. STATE OF CALIFORNIA ) COlIl'fi OF OB.AliGE ) ss. CITY OF AlABEIX ) I, DEllE X. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Reso- lution was passed and adopted at an adjourned regular meeting of the City Council, held on the 11th day of June, 1958, by the following vote of the members thereof: AYES: COUNCILMIN: Pearson, Borden, Schutte and Coons. NOES: COUNCILMEN: None. ABSDT: COUNCILMEN: Fry. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 11th day of June, 1958. IN WITliESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of June, 1958.~) ~~ T~-4ifAiifi (SEAL) c,,-- -3-