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94-167 CITY OF ANAHEIM RESOLUTION NO. 94R- 167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA APPROVING THE FIRST SUPPLEMENTAL ESCROW AGREEMENT AND CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Anaheim (the "city") has previously executed and delivered an Escrow Agreement (the "Escrow Agreement"), dated as of May 1, 1993, by and between the City and First Trust of California, National Association, as Escrow Agent (the "Escrow Agent"); and WHEREAS, in order to cure an ambiguity with respect to the authorization of the Escrow Agent to hold the Utilities Building Escrow Account with its parent company, an amendment to the Escrow Agreement is desirable and in the best interests of the parties to the Escrow Agreement; and WHEREAS, Section 10(a) of the Escrow Agreement provides that the Escrow Agreement may be amended in specified circumstances by a supplemental escrow agreement, entered into by and between the Escrow Agent and the city and this amendment is one such circumstance; and WHEREAS, the city and the Escrow Agent desire to execute and deliver the First Supplemental Escrow Agreement, dated as of July 1, 1994, by and between the city and the Escrow Agent (the "First Supplemental Escrow Agreement") the proposed form of which has been presented to this city Council, to accomplish such amendment to the Escrow Agreement; and WHEREAS, the City has determined that it is in the best public interest of the City and the citizens of the city to approve the document mentioned above and authorize and approve the transactions contemplated thereby. NOW, THEREFORE, the City Council of the City of Anaheim, California, does hereby resolve, determine and order as follows: SECTION 1: That the First Supplemental Escrow Agreement presented to this City Council is hereby approved. The Mayor, the City Manager, the City Treasurer and the city Clerk are authorized and directed for and in the name of the City to execute and deliver said agreement. The agreement shall be executed in the form hereby approved, with such additions thereto and changes therein as are approved by the Public Utilities General Manager (or, in the absence of the Public Utilities General Manager, the Assistant LA01 ',6169\15639.1 94601.3 General Manager of Finance and Administration of the Public Utilities Department), and are in substantial conformance with the form hereby approved, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 2: The Mayor, the City Manager, the Public Utilities General Manager, the Assistant General Manager of Finance and Administration of the Public Utilities Department, the City Clerk, the City Attorney and the City Treasurer and the other officers and officials of the city are hereby authorized and directed, jointly and severally, for and in the name of the City, to do any and all things and to execute and deliver any and all documents which they, or any of them, may deem necessary and advisable in order to achieve the consummation of the transactions contemplated by the First Supplemental Escrow Agreement and this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed. SECTION 3: This Resolution shall take effect from and after its date of adoption. PASSED AND ADOPTED this 12 day of July, 1994, by the following vote: AYES: FELDHAUS, SIMPSON, PICKLER, HUNTER, DALY. NOES: NONE ABSENT: NONE City Clerk LA01 \6169\15639.1 2 94601.~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 94R-167 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 12th day of July, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-167 on the 13th day of July, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of July, 1994. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is the original of Resolution No. 94R~167 was duly passed and adopted by the City Council of the City of Anaheim on July 12, 1994. CITY CLERK OF THE CITY OF ANAHEIM