1953-2177and
RESOLUTION NO. 2177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING AND APPROVING AN AGREE-
MENT TO BE MADE AND ENTERED INTO BY AND BE,
TWEEN THE CITY OF ANAHEIM AND GENERAL MOTORS
CORPORATION, DELCO -REMY DIVISION, RELATING TO
THE CONSTRUCTION OF A WATER PIPELINE WITHIN
THE CITY OF ANAHEIM, WITH AN OPTION TO PURCHASE
THE SAME.
WHEREAS, General Motors Corporation, Delco -Remy
Division, has acquired all that certain real property situated
in the City of Anaheim, County of Orange, State of California,
more particularly described as follows, to wit:
That portion of the East half of the East half of
Section 1, Township 4 South, Range 11 West, partly
in the Rancho San Juan Cajon de Santa Ana, and
partly in the Rancho Los Coyotes, in the County of
Orange, State of California, as the Southeast
quarter and the East line of said Section 1 is
shown on Record of Survey map filed in Book 6, page
22 of Records of Surveys of said County, described
as follows:
Beginning at the intersection of the East line of
said Section 1 with the Southwesterly line of the
Southern Pacific Railroad right of way as de'-
scribed. in deed to Western Development Company
recorded in Book 44, page 496 of Deeds of Los
Angeles County, California, and in deed to Contract
and Finance Company, a corporation, recorded in
Book 31, page 331 of Deeds of said Los Angeles
County; thence South 0 29' 33" East 2536.81 feet
to the Southeast corner of said Section 1; thence
South 89° 30' 25" West 1327.64 feet to the South-
west corner of the East half of the East half of
said Section 1; thence North 0 28' 35" West
3413.77 feet along the West line of said East
half of the East half of Section 1 to the said
Southwesterly line of the Southern Pacific Rail-
road right of way; thence South 57 01' 37" East
1590.31 feet to the point of beginning;
WHEREAS, said General Motors Corporation contemplates
the construction of an industrial plant on the above described
property and is desirous of obtaining water from the City of
Anaheim, but there is no water main extending from the present
water distribution system of the City to the property above
described; and
WHEREAS, the territory between the property above de-
scribed and the most westerly extension of the water distribution
system of the City of Anaheim is not sufficiently developed and
occupied by water users to justify the City in incurring the
expense necessary to construct a water pipeline from its present
distribution system to the above described property; and
WHEREAS, in order to obtain an adequate supply of
water without delay said General Motors Corporation, Delco -Remy
Division, is willing to pay for the construction of an eighteen
inch (18 water line along La Palma Avenue between Brookhurst
and Magnolia Avenues and to lease said line to the City with an
option to purchase said line or sections thereof at a future
date; and
WHEREAS, the City Council does find and determine
that it would be to the advantage and for the best interest of
the City of Anaheim, and the citizens and residents thereof,
for the City to enter into an agreement with the said General
Motors Corporation, upon the terms and conditions set forth
in the agreement hereto attached and made a part hereof, for
the constuction, installation and completion of an eighteen
inch (18 water pipeline along La Palma Avenue from the
westerly extension of the water distribution system of the
City of Anaheim at Brookhurst Avenue to Magnolia Avenue, the
actual cost of which shall be paid by said General Motors
Corporation, Delco -Remy Division, and for the leasing thereof
to the City of Anaheim with an option to purchase said water
pipeline in whole or in sections;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the City enter into an agreement
with General Motors Corporation, Delco -Remy Division, for the
construction, installation and completion of an eighteen inch
(18 water pipeline along La Palma Avenue from the westerly
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extension of the water distribution system of the City at
Br Avenue to Magnolia Avenue, and for the leasing of
said water pipeline to the City of Anaheim, with an option to
purchase the same either in whole or in sections, upon the
terms and conditions set forth in the agreement hereto at-
tached and made a part hereof, the actual cost of the con-
struction, installation and completion of said water pipeline
to be paid for by said General Motors Corporation, Delco -Remy
Division, at the time and in the manner as set forth in said
agreement hereto attached; and
BE IT FURTHER RESOLVED that the Mayor and the City
Clerk be, and they are hereby, authorized and directed to
execute said agreement for and on behalf of the City of Anaheim
in the manner and form and upon the terms and conditions as
set forth in the agreement hereto attached and made a part
hereof.
THE FOREGOING RESOLUTION is signed and approved by
me this 0.203 day of June, 1953.
MAYOR OF THE CITY OF ANAHEIM.
G
(S
STATE OF CALIFORNIA
COUNTY OF ORANGE es.
CITY OF ANAHEIM
I, CHARLES, Z. GRIFFITH, City Clerk of tke City of Anaheim, to
hereby certify that the foregoing resolution was passed and adopted at a
Regular Meeting of the City Council of the City of Anaheim, held on the
23rd day of June, 1953, by the following vote of the members thereof:
AYES: COUNCILMEN: Pearson, Wieser, Heying and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Boney.
AND I FURTHER CERTIFY that the Mayor of tke City of Anaheim
approved. and signed said resolution on the 23rd day of June, 1953.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Anaheim this 23rd day of June, 1 953.
City Clerk of the City of Anaheii
THIS AGREEMENT, made and entered into this day of
1953, by and between GENERAL MOTORS
CORPORATION, a corporation, DELCO -REMY DIVISION, Party of the
First Part, and THE CITY OF ANAHEIM, a municipal corporation of
Orange County, California, Party of the Second Part,
W I T N E S S E T H:
THAT WHEREAS, the Party of the First Part has acquired
all that certain real property situated in the City of Anaheim,
County of Orange, State of California, more particularly described
as follows, to wit:
That portion of the East half of the East half of Section
1, Township 4 South, Range 11 West, partly in the Ranoho
San Juan Cajon de Santa Ana, and partly in the Rancho Los
Coyotes, in the County of Orange, State of California, as
the Southeast quarter and the East line of said Section
1 is shown on Record of Survey map filed in Book 6, page
22 of Records of Surveys of said County, described as
follows:
and
A G R E E M E N T
Beginning at the intersection of the East line of said
Section 1 with the Southwesterly line of the Southern
Pacific Railroad right of way as described in deed to
Western Development Company recorded in Book 44, page
496 of Deeds of Los Angeles County, California, and
in deed to Contract and Finance Company, a corporation,
reoorded in Book 31, page 331 of Deeds of said Los
Angeles County; thence South 0° 29 33 East 2536.81
feet to the Southeast corner of said Section 1; thenoe
South 89° 30' 25" West 1327.64 feet to the Southwest
corner of the East half of the East half of said Section
1; thence North 0° 28 35 West 3413.77 feet along the
West line of said East half of the East half of Section
1 to the said Southwesterly line of the Southern Pacifio
Railroad right of way; thence South 57° 01 37" East
1590.31 feet to the point of beginning;
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WHEREAS, the proceedings for the annexation of said
property to the City of Anaheim have now been oompleted; and
WHEREAS, the Party of the First Part contemplates the
construction of an industrial plant on the above described property
and is desirous of obtaining water from the Party of the Second
Part, but there is no water main from the present water distribution
system of the Party of the Second Part to the property of the
Party of the First Part; and
WHEREAS, the territory between the property of the
Party of the First Part and the most westerly extension of the
water distribution system of the Party of the Second Part is not
sufficiently developed and occupied by water users to justify the
Party of the Second Part in inourring the expenses necessary to
oonstruot a line from its present distribution system to the
property of the Party of the First Part; and
WHEREAS, in order to obtain an adequate supply of water
without delay, the Party of the First Part is willing to pay for
the construction of an eighteen inch (18 water line along
La Palma Avenue between Brookhurst and Magnolia Avenues and to
lease said line to the Party of the Second Part with an option to
purchase said line at a future date.
NOW, THEREFORE, for and in consideration of the mutual
covenants and promises thereto, it is hereby mutually agreed and
understood by and between them as follows:
1. The Party of the First Part hereby agrees to pay
for the construction, installation and completion of an eighteen
inch (18 water pipe line along La Palma Avenue from the westerly
extension of the water distribution system of the Party of the
Second Part at Brookhurst Avenue to Magnolia Avenue. It is
agreed and understood that the estimated cost of the construction,
installation and completion of said water line is 08,600.00,
but the Party of the First Part agrees to pay the actual cost
thereof. The Party of the Second Part agrees to advertise for
bids and to award the contract for the furnishing of all labor,
material and equipment for the construction, installation and
completion of said water line to the lowest responsible bidder,
and it is further understood and agreed that said line shall be
constructed in accordance with the specifications of the City of
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Anaheim for water mains and lines of that size and character
and that before commencing the construction thereof, the plans
and specifications shall be approved by both Parties hereto.
2. The Party of the First Part agrees to deposit the
sum of $58,600.00 in escrow at BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION,
to cover the cost of the oonstruotion, installation and oompletion
of said water pipe line. Said escrow agent shall be and is hereby
authorized to pay said sum to the City of Anaheim upon demand
after the advertisement for bids and the award of a contract for
the construction of said water pipe line and when the contractor
to whom the oontraot has been awarded has posted a faithful
performance bond in the amount of one hundred per cent (100%)
of the contract price and a labor and material bond in the amount
of one hundred per oent (100%) of the contract price for the
construction of said water pipe line and has furnished to the
City public liability insurance in an amount not less than
$100,000.00 for injuries, including aocidental death for any one
person and subject to the same limit for each person in an amount
of not less than $300,000.00 on a000unt of any one aooident and
general property damage insurance in an amount of not less than
$50,000.00 and shall obtain and furnish to the City public liab-
ility and property damage insurance to oover all vehicles used
or maintained by said Contractor in the performance of said work
connected with the contract with liability limits of not less
than $50,000.00 for injuries to any one person or $100,000.00
for any one accident and property damage in the amount of
$50,000.00 and full coverage compensation insurance covering all
employees employed by said contractor on said project. It is
further understood and agreed that upon the completion of the
construction and installation of said water pipe line that the
Party of the Seoond Part shall furnish to the Party of the First
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iii
Part a complete statement showing the actual cost of the
construction, installation and completion of said line. If the
amount of the actual cost of such construction exceeds the sum
deposited in esorow, the Party of the First Part shall pay such
excess to the Party of the Second Part, and if the actual cost
of the construction of said water pipe line is less than the
estimated cost of $58,600.00, then a refund shall be made to
the Party of the First Part. The eertifioate of the City Clerk
of the City of Anaheim filed with the esorow agent certifying
that said contract has been awarded as herein mentioned and
that the bonds and the insurance have been posted and are on
file in the office of the City Clerk duly approved by the City
Attorney as to form and sufficiency and that a contract duly
executed by the City of Anaheim and the contractor is on file
in his offioe shall be sufficient authority for the escrow agent
to pay the money deposited in escrow to the Party of the Second
Part herein. The Party of the Second Part promises and agrees
that said contractor to whom the contract is awarded shall be
required to construct, install and complete said water pipe line
in strict acoordanoe with the contract made and entered into with
him and within a reasonable period of time, and Party of the
Second Part will take all steps necessary or required to compel
the performance of said contract and the construction and
completion of said water pipe line in accordance with said
contract.
3. Upon completion of said line, Party of the Second
Part agrees to furnish the Party of the First Part all water
for domestic and industrial purposes needed by it in the maint-
enance of its plant and any enlargement or expansion thereof and
all water required for other purposes upon the above described
parcel of land.
4. Party of the First Part agrees to enter into a
lease with the Party of the Second Part leasing and letting the
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use of said line to the Party of the Second Part for a term
of Five (5) years to enable the Party of the Second Part to
serve water to persons residing within the area between the
westerly extension of the water system of the Party of the
Seoond Part and the property of the Party of the First Part
when such territory is developed and beoomes occupied by water
users desiring City Water. The Party of the Second Part agrees
to pay a rental for the use of said water line of $2,000.00
per year.
5. The Party of the First Part does hereby give and
grant to the Party of the Second Part an option to purchase said
water line for the actual cost of the construction thereof at
any time prior to the expiration of the term of the lease here
inabove mentioned and described and does hereby give and grant
to the Party of the Second Part the further option to purchase
portions or sections of said line at such time or times as the
area between the property of the Party of the First Part and
the westerly extension of the water distribution system of the
Party of the Second Part is developed and occupied by water
users sufficient in number in the opinion of the Party of the
Second Part to justify the acquisition of portions or sections
of said water line. In the event the Party of the Second Part
exercises the option hereby given and granted to purchase a
portion of said line, the purchase price which it agrees to pay
therefor shall be the percentage of the total oost above mentioned
which the length of the section elected to be purchased bears to
the total length of the line computed by percentage. In the
event the Party of the Second Part shall exercise its option to
purchase said water pipe line it shall be entitled to credit upon
the purchase price of an amount equal to the amount of rental
paid to Party of the First Part for the use of said line.
6. In the event the Party of the Seoond Part exercises
the option hereby given and granted to purchase portions of said
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i�
line, the rental herein agreed to be paid for the rental of said
line shall be reduced in proportion that the section of the
line purchased bears to the total length of said line.
IN WITNESS WHEREOF, the Parties hereto have caused
these presents to be executed by their proper officers theretofore
duly authorized the day and year first hereinabove written.
ATTEST:
GENERAL MOTORS CORPORATION, a
corporation
BY
and
Its
Its
THE OITY OF ANAHEIM, a municipal
corporation-
BY
MAYOR OF THE OITY 0
ANAHEIM
i