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1955-2818RESOLUTION NO. 2818 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DEPOSIT IN ESCROW WITH CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION BY NUTWOOD PROPERTIES, INC. OF FUNDS REQUIRED FOR THE FURNISHING, INSTAL LATION AND COMPLETION OF ALL IMPROVEMENTS REQUIRED BY THE CITY OF ANAHEIM IN TRACT NO. 2537; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. WHEREAS, Nutwood Properties, Inc. has submitted to the City Council of the City of Anaheim a Tract Map for Tract No. 2537 and has requested the City Council to finally approve said Tract Map; and WHEREAS, said Nutwood Properties, 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 improve- ments and sewer and water mains and lines and all engineering required inside of said Tract No. 2537, 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 improve- ments to be completed on or before twelve (12) months from the 16th day of June, 1955; 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, Nutwood Properties, Inc. desires to deposit with the California Federal Savings and Loan Association, 5680 Wilshire Boulevard, Los Angeles 36, 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 Nutwood Properties, 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 One Hundred Thirty -two Thousand Six Hundred (p132,600) Dollars; and WHEREAS, the City Council finds that if said sum is deposited with said California Federal Savings and Loan Associa- tion 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 Federal Savings and Loan Association, and that ten (10) per cent 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. -1- NOW, THEREF0kth, BE IT RESOLVED by the City Council of the City of Anaheim that said Nutwood Properties, Inc. be, and it is hereby, authorized to deposit the sum of One Hundred Thirty -two Thousand Six Hundred 0132.600) 2,600) Dollars lawful money of the United States, with California Federal Savings and Loan Association, 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 im- provements, and all engineering, inside of Tract No. 2537, and that the money deposited by said Nutwood Properties, Inc. with the California Federal Savings and Loan Association, 5680 Wilshire Boulevard, Los Angeles 36, California, as escrow agent, as security for the furnishing and payment of all labor, ma- terials and equipment required for the making, installation and completion of said improvements, nay be used from and after the execution of an agreement by and between the City of Anaheim, Nutwood Properties, Inc., and California Federal Savings and Loan Association 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 Federal Savings and Loan Association to the person, firm or corporation furnishing such materials or perform- ing 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 and sewer improvements, and approved by the Superin- tendent of the Light, Water and Power 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 execute an agreement for and on behalf of the City of nnaheim with Nutwood Properties, Inc. and California Federal Savings and Loan Association, 5680 Wilshire Boulevard, Los Angeles 36, 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 agreement, That said agreement shall be dated the 16th day of June, 1955. THE FOREGOING RESOLUTION is signed and approved by me this 27th day of June, 1955. ATTEST: Clr CLERk OF THE CITY OF' ANAHEIM. -2- MAYOR OF THE CITY OF ANAHEIM. STATE OF CALIFORNIA, COUNTY OF ORANGE ss. CITY OF ANAHEIM hereby certify that the foregoing Resolution was adopted upon a final readiig at an Adjourned Regular meeting of the City Council of the City of Anaheim, held on the 27th day of June, 1;55, by the following I, DENTE 11. WILLIAMS, City Clerk of the City of Anaheim, do vote of the members thereof: AYES: COUNCIL12N: Pearson, Fry, f Wisser and Van Wagoner. NOES: CCL CILM None. ABSENT: CCt TCILI Schutte. Air ?L I FURTHER CERTIFY that the Mayor of the City of Anaheim at- proved and signed said Resolution on the 27th day of June, 1955. IN WITNESS '':HEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of June, 1955. (SEAL) k. -.tom CITY CLERK CF" THE CITY OF ANAHEIM