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57R-4156 - .- RESOLUTION NO. 4156 ~ A RESOLUTION OF THE CITY COUNCIL OF THE OITY OF ANAHEIM AUTHORIZING THE DEPOSIT IN ESOROW WITH CALIFORNIA BANK, 203 EAST CENTER STREET, ANAHEIM, OALIFORNIA, BY MIRA FLORES, INC. OF FUNDS REQUIRED FOR THE FURNISHING, INSTALL~ TION AND COMPLETION OF ALL IMPROVEMENTS REQUIRED BY THE CITY OF ANAHEIM IN TRACT NO. 3266; AND AUTHORIZING THE MAYOR AND OITY CLERK TO EXECUTE AN AGREEMENT FOR Ai\JD ON BEHALF OF THE CITY OF ANAHEIM. .-- WHEREAS, Mira Flores, Inc., a California Corporation, has submitted to the Oity Council of the City of Anaheim a Tract Map for Tract No. 3266 and has requested the City Council to finally approve said Tract Map; and WHEREAS, said Mira Flores, Inc. has agreed to furnish or cause to be furnished and to pay for all labor, materials and equipment, and perform or cause to be performed and pay for all work to make and complete all street improvements and sewer and water mains and lines and all engineering required inside of said Tract No. 3266, as required by the City of Anaheim, acting by and through the City Engineer and the Superintendent of the Light, Water and Power Department, and in accordance with the provisions of the Anaheim Municipal Code and ordinances of the City, all in accordance with the specifications of the City Engineer and the Superintendent of Light, Water and Power of the City of Anaheim, said improvements to be completed on or before twelve (12) months from the 15th day of October, 1957; and WHEREAS, in lieu of the posting with the City of Anaheim of a surety bond or a deposit as required by Section 11612 of the Business and Professions Code of the State of California, Mira Flores, Inc. desires to deposit with the Oa~nia Bank, 203 East Center Street, Anaheim, California, as 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 performance of all work for the installation and completion of said improvements, as a guarantee that said Mira Flores, Inc. will make or cause to be made and completed said improvements as required by the City of Anaheim, and pay the cost thereOf; and WHEREAS, the City Council finds that the estimated cost of said street, sewer and water improvements is the sum of Thirty- t1f'O Thousand 81:1: Hundred Fifty-three Dollars ($32,6.53.00); and WHEREAS, the City Oouncil finds that if said sum is deposited with said California Bank and all claims for labor and materials are approved by the City Engineer or the Superintendent of the Light, Water and Power Department and paid directly to the person, firm or corporation performing such labor or furnishing such materials by said California Bank, and that fifteen (15) percent of said deposit is held until thirty-five (35) days after the filing of notice of completion of said work and improvements, that the City of Anaheim will be adequately protected in the matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said Mira Flores, Inc. be, and it is hereby, authorized to deposit the sum of Thirty-tv 0 Thousand Six Hundred Fifty-three Dollars ($32,653.00), lawful money of the -1- J - '-, "",....... United States, with California Bank, as escrow agent, as security for the payment of the cost of all labor, materials and equipment in making the street improvements and the sewer and water improve- ments, and all engineering, inside of Tract No. 3266, and that the money deposited by said Mira Flores, Inc. with the California Bank, 203 East Center Street, Anaheim, California, as escrow agent, as security for the furnishing and payment of all labor, materials and equipment required for the making, installation and completion of said improvements, may be used from and after the execution of an agreement by and between the City of Anaheim, Mira Flores,' Inc., and California Bank to make progress payments 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 California Bank to the person, firm or corporation furnish- ing such materials or performing such labor, upon written itemized statements showing the furnishing of such materials or the perform- ance of such labor, approved by the City Engineer for labor and materials furnished for street and sewer improvements, and approved by the Superintendent of the Light, Water and Power Department for water mains and lines, and by Burt Lowen of Mira Flores, Inc. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are hereby, authorized to enter into and extcute an agreement for and on behalf of the City of Anaheim with Mira Flores, Inc. and California Bank, 203 East Center Street, 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 corporation in the performance of said agree- ment. That said agreement shall be dated the 15th day of October, 1957. THE FOREGOING RESOLUTION is signed and approved by me this 15th day of October, 1957. /-:J // ~ /' 0:/ ,~ ( M~ d {k CIT; OF ANAHEIM r -2- - STA TE OF .CALIFORNIA) COUNrY OF ORANGE ) s s . CITY QF ANAHEIM ) '" I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do he;reby certify that the foregoing Resolution was duly passed and adopted at an adjourned regular meeting of the City Council of the City of Anaheim, held on the 15th day of October, 1957, by the following vote of the members thereof: !YEs: COUNCIutEN: Pearson,Coons, Fry, Schutte and Wisser NOES: COUNCIutEN: None ABSENT: COUNCIutEN: None .AND I FURTHER CERTIFY ;ha t the Mayor of the City of Ana:helm approved and signed said Resolution'on the 15th day of October, 1957. IN WITNESS WHEREOF , I have hereunto set my hand anti. affixed the seal of the City of,Anaheim this 15th day of Ootober, 1957. if ~.~ ~ Ii). '.-' /.MvL );1. -< ./1./~ CITY. CLERK OF THE CITY OF ANAHEIM ~SEAL.) ~