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57R-4257 RESOLUTION NO. 4257 ,-,.".".-., A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DEPOSIT IN ESCROW WITH AMERICAN SAVINGS & LOAN ASSOCIATION, . WHITTIER, CALIFORNIA BY ALLO CONSTRUCTION CORP. OF FUNDS REQUIRED FOR FURNISHING, INSTALLATION AND COMPLETION OF ALL IMPROVEMENTS REQUIRED BY THE CITY OF .ANAHEIM IN TRACT NO. 2530; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. WHEREAS, Allo Construotion Corp., a California Corpora- tion, has submitted to the City Counoil of the City of Anaheim a Traot Map for Traot No. 2530 and has requested the City Counoil to finally approve said Traot Map; and WHEREAS, said Allo Construction Corp. has agreed to furnish or oause to be furnished and to pay for all labor, materials and equipment, and perform or oause 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 Traot No. 2530, as required by the City of Anaheim, aoting by and through the City Engineer and the Superintendent of the Light, Power and Water Department, and in aooordanoe with the provisions of the Anaheim Munioipal Code and ordinanoes of the City, all in acoordanoe with the speoifioations of the City Engineer and the Superintendent of Light, Power and Water of the City of Anaheim, said improvements to be oompleted on or before twelve (12) months from the 3rd day of Deoember, 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, Allo Construotion Corp. desires to deposit with the Amerioan Savings & Loan Assooiation, Whittier, California, as esorow agent, oash, in lawful money of the United States, in an amount estimated to be neoessary to pay for the oost of all labor, materials and equipment and the performanoe of all work for the installation and oompletion of said improvements, as a guarantee that said Allo Construotion Corp. will make or oause to be made and oompleted said improvements as required by the City of Anaheim, and pay the oost thereof; and WHEREAS, the City Council finds that the estimated oost of said street, sewer and water improvements is the sum of $18,800.00; and WHEREAS, the City Council finds that if said sum is de- Posited with said Amerioan Savings & Loan Assooiation and all olaims for labor and materials are approved by the City Engineer or the Superintendent of the Light, Power and Water Department and paid direotly to the person, firm or corporation performing suoh labor or furnishing such materials by said Amerioan Savings & LOan Association, and that ten (10) per oent of said deposit is held until thirty-five (35) days after the filing of notioe of oompletion of said work and improvements, that the City of Anaheim will be adequately proteoted in the matter. NOW, THEREFORE, BE IT RESOLVED by the City Counoil of the City of Anaheim that said Allo Construction Corp. be, and it is -1- .-. hereby, authorized to deposit the sum of $18,800.00, lawful money of the United States, with Amerioan Savings & Loan Assooiation, as esorow agent, as seouri ty for the payment of the cOst of all labor, materials and equipment in making the street improvements and the sewer and water improvements, and all engineering, inside of Traot No. 25)0, and that the money deposited by said Allo Construotion Corp. with the Amerioan Savings & Loan Assooiation, Whittier, California, as esorow agent, as security for the furnishing and payment of all labor, materials and equipment required for the making, installation and oompletion of said improvements, may be used from and after the exeoution of an agreement by and between the City of Anaheim, Allo Construction Corp. and Amerioan Savings & Loan Assooiation to make progress payments to pay for materials furnished and labor performed in the making and oompletion of said improvements, suoh progress payments to be made as follows: Progress payments shall be made not oftener than twioe monthly, and in the manner herein provided. That all suoh progress payments shall be made directly by said Amerioan Savings & Loan Assooiation to the person, firm or oorporation furnishing suoh materials or performing suoh labor, upon written itemized statements showing the furnishing of suoh materials or the performanoe of suoh labor, approved by the City Engineer for labor and materials furnished for street and sewer improvements, and approved by the Superintendent of the Light, Power and Water Department for water mains and lines. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are hereby, authorized to enter into and exeoute an agreement for and on behalf of the City of Anaheim with Allo Construotion Corp. and Amerioan Savings & Loan Assooiation, Whittier, California, in a form approved by the City Attorney, inoorporating the provisions of this resolution and providing for payment of said depOsit to the City of Anaheim, or so much thereof as may be neces- sary 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 3rd day of Deoember, 1957. THE FOREGOING RESOLUTION is approved and signed by me this 3rd day of December, 1957. /C , . ( ~o'/~rr;;~- ATTEST: ~, I k '-hr. a/~;:t__~~_j ~h CLERJ{ OF THE CITY OF A1iAHEIlI ,- ..2- 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 Resulution was duly' passed and adopted at an adjourned regular meeting of the City Council of the City of AnaKeim, held on the 3rd day of December, 1957, by the fallowing vote of the members thereof: AYES: COUNCILMEN: Pearson, Coons,. Schutte and Wisser NOES: COUNCIlMEN: None ABSENT: COUNG IlMEN I Fry AND I FURTHER CERTIFY tha t the Mayor of the City of Anaheim approved and signed said ResolutIon on the 3rd day of December, 1957. IN WITIfESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of December, 1957. L )11 ~~ DITY CLERK OF THE CITY OF ANAHEIM {SEAL) ,