Loading...
1965-275RESOLUTION NO. 65R- 275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF AN AMENDATORY AGREEMENT TO THAT CERTAIN AGREE- MENT ENTERED INTO BETWEEN THE CITY 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 the City and Bechtel Corporation anti- cipated that said project would be constructed and completed during the 1964 -1965 fiscal year; and WHEREAS, the City has determined and decided to delay construction of said project; and WHEREAS, the City has retained Eleven Hundred and Twenty -five ($1125.00) Dollars, a sum equal to twenty -five (25) per cent of the total fixed fee to be paid to Bechtel Corpora- tion, pursuant to said agreement; and WHEREAS, the compensation due Bechtel Corporation was primarily for design and not for construction supervision; and WHEREAS, the City and said Bechtel Corporation desire to amend said agreement to provide that the City will not re- tain a sum of 25% of the total fixed fee as provided in Para- graph 6 of said agreement, but will retain the sum of $200.00, to be due and payable upon completion of the construction work and acceptance by the City of the project. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that an amendatory agreement to that certain agreement hereinabove referred to, dated August 18, 1964, be made and entered into by and between the City and Bechtel Corporation, providing as follows: That the City will not retain a sum of 25% of the total fixed fee until completion of the construction work and acceptance by the City of the project as provided in Paragraph 6 of the original agreement. The City shall -1- agree to withhold Two Hundred ($200.00) Dollars, to be due and payable upon completion of the construction work and acceptance by the City of the project. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute said amendatory agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 6th day of April, 1965. ATTEST: CY Y CLERK OF THE CITY OF ANAHEIM MAYdg OF THE CITY PRO TEN' -2- :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 6th day of April, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler /Pro Tem AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 6th day of April, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of April, 1965. ITY CLERK OF THE CITY OF ANAHEIM