57R-3912
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RESOLUTION NO. 3912
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DEPOSIT
IN ESCROW WITH CALIFORNIA BANK OF ANAHEIM,
CALIFORNIA, BY MIRA-FLORES, INCORPORATED,
OF FUNDS REQUIRED FOR THE fiTRNISHING,
INSTALLATION AND COMPLETION OF ALL IMPROVE-
MENTS REQUIRED BY THE CITY OF ANAHEIM IN
TRACT NO. 3222; AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGR~iliNT FOR
AND ON BEHALF OF THE CITY OF ANAHEIM WITH
MIRA-FLORES IEO&ORATED.
WHEREAS, Mira-Flores, Inc. has submitted to the City
Council of the City of Anaheim a Tract Map for Tract No. 3222
and has requested the City Council to finally approve said Tract
11ap; and
1NhEREAS, 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 apd complete all street improvements and install all
house connections and complete all engineering requirements in-
side of said Tract No. 3222, 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 the Light, Water and Power
Department of the City of Anaheim, said improvements to be
completed on or before twelve (12) months from the 29th day of
May, 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
California Bank, 203 East Genter 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 improvements and house connections is the
sum of Eleven Thousand Dollars ($11,000.00); and
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WHEREAS: the City Council finds that if said sum is
deposited with said California Pank 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 15% of said
deposit is held until thirty-five days after the filing of notice
of completion of said work and improvements, that the City of
Anaheim will be adequately proteoted in the matter.
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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 $11,000.00, lawful money
of the United States, with California Bank, 203 East Center
Street, Anaheim, California, as escrow agent, as security for the
payment of the cost of all labor, materials and equipment in mak-
ing the street improvements and house connections, and all engin-
eering, inside of Tract No. 3222, and that the money deposited by
said Mira Flores, Inc. with said California Bank, 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 and Mira-Flores,
Inc. 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 fur-
nishing such materials or performing such labor, upon written
itemized statements showing the furnishing of such materials or
the performance of such labor, approved by the City Engineer for
labor and materials furnished for street improvements and approved
by the Superintendent of the Light, Water and Power Department
for water mains and house connections, 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 exe-
cute an agreement for and on behalf of the City of Anaheim, with
Mira-Flores, Inc. in a form approved by the City Attorney, incor-
porating the provisions of this resolution and providing for
payment of said deposit to the City of Anaheim, or so much there-
of as may be necessary to reimburse the City, in the event of
default by said above named corporation in the performance of said
agreement. That said agreement shall be dated the 29th day of May,
1957.
THE FOREGOING RESOLUTION is signed and approved by me
this 28th day of May, 1957.
A'fTEST:
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LE . ... OF. . cri\ OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, OENE 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 28th
day of May, 1957, by the following. vote of the members thereof:
AYESl COUNCILMENl Pearson, Coons, Fry, Schutte and Wisser.
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NOES l COUNCILMEN l None
ABSENTl COUNCILMENl None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
signed and approved said Resolution on the 28th day of May, 1957.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 28th day of May, 1957.
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