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66-656RESOLUTION NO. 66R -656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE ANAHEIM STADIUM SCOREBOARD. WHEREAS, the City Council of the City of Anaheim did find and determine that a scoreboard would be necessary in order to make the Anaheim Stadium usable for a recreation center for public recreation designed for the exhibition of major league baseball and usable for the exhibition of dramatic productions, sporting events, professional and amateur football, school and other public athletic events, and sporting events and exhibitions for the public benefit of the City of Anaheim and its inhabitants; and WHEREAS, the City Council did find that the offer of Del E. Webb Corporation, a corporation duly organized and exist- ing under the laws of the State of Arizona, to render all services and perform all work necessary to construct and complete said scoreboard should be accepted, and did, on August 3, 1965, authorize the Mayor and City Clerk to execute an agreement for and on behalf of the City of Anaheim with Del E. Webb Corporation, as of August 2, 1965, for the furnishing of all tools, equipment, apparatus, facilities, plant, labor, services and materials and all utilities and transportation, including power, fuel and water, and the performance of all work necessary to construct and com- plete, in a good and workmanlike manner, the scoreboard as shown and described on the drawings and specifications; and WHEREAS, Del E. Webb Corporation has furnished all tools, equipment, apparatus, facilities, plant, labor, services and materials and all utilities and transporation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, of said scoreboard, in strict accordance with the drawings and specifications, and in accord- ance with the contract made and entered into with said corporation by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said scoreboard in accord- ance with the drawings and specifications and the contract docu- ments duly made and entered into with Del E. Webb Corporation; and WHEREAS, the City Council finds that said contractor has completed said scoreboard in accordance with the provisions of the contract and the contract documents, and that a notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the per- formance of all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the drawings and specifications therefor, said Anaheim Stadium Scoreboard, by said Del E. Webb Corporation,be, and the same are hereby accepted,subject nevertheless to all the terms, con- ditions and provisions of the contract documents; and that the balance due said contractor for said work be paid to it in accordance with the terms of said contract, but not sooner than thirty (30) days after the date of the filing of a notice of completion, excepting only such sum or sums as may be lawfully withheld in accordance with the provisions of said contract and contract documents. That acceptance by the contractor of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any act or neglect of the City, its officers, agents and employees, excepting only claims against the City for amounts withheld by the City at the time of such payment. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to execute and file a notice of completion of said work. THE FOREGOING RESOLUTION is approved and signed by me this llth day of October, 1966. ATTEST: 1 �'l `GCS s CIT CLERK of THE CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM 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 Resolution No 66R -656 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the llth day of October, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Pebley, and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -656 on the llth day of October, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this llth day of October, 1966. (SEAL) CI CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -656 duly passed and adopted by the Anaheim City Council on October 11, 1966. City Clerk