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64-813RESOLUTION NO. 64R -813 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND CITY OF ANAHEIM (CALIFORNIA) STADIUM, INC. PROVIDING FOR THE EMPLOYMENT OF AN "OWNER'S REPRESENTATIVE." Acctg. Off. Bldg. WHEREAS, the City of Anaheim desires to erect a stadium designed for public assembly, which when completed will consti- tute a recreation center for public recreation designed for the exhibition of major league baseball and usable for the exhibi- tion 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 of Anaheim (California) Stadium, Inc. was organized for the sole purpose of constructing and financing the aforementioned stadium; and WHEREAS, at the completion of the financing period, all right, title, and interest in the stadium will be vested in City; and WHEREAS, the City of Anaheim (California) Stadium, Inc., sometimes hereinafter referred to as Anaheim Stadium, has entered into a construction contract with Del E. Webb Corporation for construction of the stadium; and WHEREAS, it is for the benefit of the City and Anaheim Stadium to hire an "Owner's Representative" to supervise the execution of the construction contract to assure that the interests of the City and Anaheim Stadium are protected; and WHEREAS, Anaheim Stadium desires to contract with Kenneth H. Gedney to act as Owner's Representative in regard to construction of the stadium and said Kenneth H. Gedney is a person acceptable to the City to act in such capacity; and WHEREAS, Anaheim Stadium does not have sufficient funds with which to pay for the services of Kenneth H. Gedney; and WHEREAS, said Anaheim Stadium and the City determine that an Owner's Representative is necessary to protect their interests in the stadium; and WHEREAS, the said Owner's Representative will be acting indirectly to protect the City's interest, and it is for the benefit of the City that such a representative be employed; and WHEREAS, the cost of such representative will be a cost of the project for which the City will be ultimately obligated; and WHEREAS, Anaheim Stadium and the City desire to provide for the employment by said Anaheim Stadium of an Owner's Repre- sentative and to specify the services to be performed by said Owner's Representative, and the amount and manner of payment for such services; and -1- WHEREAS, a form of agreement purporting to accomplish the purposes above mentioned has this day been submitted to the City Council to be made and entered into between the City and said Anaheim Stadium, which agreement the City Council finds would be for the benefit and best interest of the City and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the form of agreement this day submitted to the City Council to be made and entered into by and between the City and City of Anaheim (California) Stadium, Inc., provid- ing for the employment by said Anaheim Stadium of an Owner's Representative to perform the services set forth in said agree- ment and specifying the amount and manner of payment for said services, be and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute an agreement for and on behalf of the City of Anaheim with City of Anaheim (California) Stadium, Inc. in the form hereby approved. BE IT FURTHER RESOLVED that the Director of Finance be, and he is hereby authorized to pay the amounts set forth in said agreement in the manner therein specified. THE FOREGOING RESOLUTION is approved and signed by me this 4th day of November, 1964. ATTEST: 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. 64R -813 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 4th day of November, 1964, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R -813 on the 4th day of November, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 4th day of November, 1964. (SEAL) CITY ',CLERK OF THE CITY OF ANAHEIM