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66-444RESOLUTION NO. 66R- 444 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF A SECOND AMENDATORY AGREEMENT TO THAT CERTAIN AGREEMENT ENTERED INTO BETWEEN THE CITY OF ANAHEIM AND BECHTEL CORPORATION ON AUGUST 18, 1964, WITH REFERENCE TO A LIGHTING SYSTEM FOR THE ANAHEIM MUNICIPAL GOLF COURSE. WHEREAS, the CITY OF ANAHEIM and BECHTEL CORPORATION entered into an agreement on August 18, 1964 whereby BECHTEL CORPORATION agreed to design a complete and adequate system for illumination of nine holes of the CITY'S municipal golf course; and WHEREAS, Paragraph 6 of said agreement provides that: "Upon completion of plans and specifications and acceptance by the CITY of said plans and specifications, a sum sufficient to equal seventy -five (75) per cent of the total fixed fee shall be due and payable. Upon completion of the construction work and acceptance by the CITY of the project, the remainder of the total fixed fee shall be due and payable and WHEREAS, said plans and specifications have been completed and accepted by the CITY; and WHEREAS, both parties anticipated that this project would be constructed and completed during the 1964 -65 fiscal year; and WHEREAS, the CITY has determined and decided not to proceed with the construction of this project; and WHEREAS, pursuant to the First Amendment to Agreement executed by the parties on the 6th day of April, 1965, the CITY has retained Two Hundred Dollars ($200.00) of the fee to be paid to BECHTEL CORPORATION; and WHEREAS, the compensation due BECHTEL CORPORATION was for design and not for construction supervision; and WHEREAS the City Council finds that said sum of Two Hundred Dollars ($200.00) should be paid to BECHTEL CORPORATION for the completed plans and specifications of said project as the final payment to BECHTEL CORPORATION. NOW, THEREFORE, BE IT RESOLVED by the City Council of the CITY OF ANAHEIM that a Second Amendatory Agreement to the Agreement made and entered into on August 18, 1964 between the CITY OF ANAHEIM and BECHTEL CORPORATION be entered into between the parties, providing for the payment of Two Hundred Dollars ($200.00) to said BECHTEL CORPORATION for the completed plans and specifications for said golf course lighting system, as the final payment, pursuant to the agreement between the parties dated August 18, 1964. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are, hereby authorized to execute such Second Amendatory Agreement for and on behalf of the CITY OF ANAHEIM. The FOREGOING RESOLUTION is approved and signed by me this 28th day of June, 1966. ATTEST: 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 was passed and adopted at a regular meeting of the City Council held on the 28th day of June, 1966, by the following vote of the members thereof: (SEAL) -2- AYES: COUNCILMEN: Dutton, Pebley, Schutte and [rein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 28th day of June, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of June, 1966. I, DENE M. WILLIAMS, City Clerk.of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -444 duly passed and adopted by the Anaheim City Council on June 28th, 1966. City Clerk