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1955-2738RESOLUTION NO. 2738 A RESOLUTION OF THE CITY COUNCIL O F THE CITY OF ANAHEIM AJTHORIZING THE RELEASE OF FUNDS DEPOSITED BY CLAEDGE HOMES FOR TRACT IM- PROVEMENTS IIN7 TRACT NO. 2161. WHEREAS, heretofore Claredge Homes, a limited partnership, did submit to the City Council of the City of Anaheim for its final approval a tract map for Tract No. 2161; and WHEREAS, as a condition of the final approval of said map the City Council did require Claredge Homes to deposit the sum of 491,000 with Mutual Savings Loan Association of Pasadena, California to cover the cost of tract improvements, as provided for in that certain agree- ment dated the 27th day of September, 1954 made and entered into by and between the City of Anaheim, Claredge Homes and said Mutual Savings Loan Association; and WHEREAS, said agreement provides that 20% of the funds so deposited in escrow with said Mutual Savings Loan Association shall be held until 35 days after the filing of notice of completion of said tract improvements or, in the event of failure to file a notice of completion, until 90 days after the completion of said improvements; and WHEREAS, the City Council is informed by said Claredge Homes that said tract improvements have been com- pleted to the satisfaction of the City Engineer and the City of Anaheim, and that all of the claims for labor and materials have been paid, except __$4.835.81 and WHEREAS, said Claredge Homes has requested the City Council to waive the provisions of said contract and to authorize the release of the balance of funds held in escrow by said Mutual Savings Loan Association, except the sum of 4,835.81 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Mutual Savings Loan Associa- tion of Pasadena, California be, and it is hereby, authorized to release to Claredge Homes the balance of the funds held by it pursuant to that certain agreement dated the 27th day of September, 1954, hereinabove referred to, except so much thereof as shall be necessary to pay and discharge the claims hereinabove mentioned and set forth, upon receipt of a certified copy of this resolution; and BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, authorized and directed to furnish a certified copy of this resolution to said Mutual Savings Loan Associa- tion only upon the filing in her office, by Claredge Homes, of statements from all subcontractors that their claims have been paid and discharged in full, or that they waive any claims against said funds or the City of Anaheim; and an af- fidavit of the general contractor that all of his claims and charges for labor and materials in the making and installation of said tract improvements in Tract No. 2161 have been paid and discharged in full, except such as may be listed above; -1- and a further statement from Claredge Homes guaranteeing the payment of all unpaid claims for labor and materials for said tract improvements, and an agreement to hold the City harmless against any such claims. THE FOREGOING RESOLUTION is signed and approved by me this 26th day of April, 1955. ATTEST: l L CITY CT.T;RK OF THE CITY OF ANAHEIM MA OOF THE C TY OF ANAHEIM. STA 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 Resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 26th day of April, 1955, by the following vote: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wieser, and Van Wagoner. NOES: COUNCILMEN: None. ABSENT C OU NC I LNZGN None. AND I FU: THER CE tTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 26th day of April, 1955. IN WITNESS 4HEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of April, 1955. (SEAL) -2- CITY CT. ,RK OF TEE CITY OF aTN :AT -Hr0 M.