HomeMy WebLinkAboutC-2543 - Building Permit Agreement at 116 Kings Place (see C-2557)i
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
November 22, 1988
(714) 644 -3005
Mr. Guy Walter
Ticor Title Insurance Company
1717 Walnut Grove Ave.
Rosemead, CA 91770
Subject: SEWER MAIN RELOCATION AT 116 KINGS PLACE (C- 2543A)
- Release of Faithful Performance Bond
Attn: Mr. Walter
On November 14, 1988, the City Council of Newport Beach
authorized the City Clerk to release the faithful performance
bond (Bond No. 83 SB 100181180).
Please notify your surety company, The Aetna Casualty and
Surety Company, to release the bond.
Sincerely,
Wanda E. Raggio
City Clerk
WER:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
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TO: CITY COUNCIL
FROM: Public Works Department
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November 14, 1988
CITY COUNCIL AGENDA
p ITEM NO. F -13
NOV 14 1988 - z.-5-
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SUBJECT: AGREEMENT FOR SEWER MAIN RELOCATION AT 116 KINGS PLACE
(LOT 2 OF TRACT NO. 1219)
RECOMMENDATION:
Authorize the City Clerk to release the faithful performance bond
(Bond No. 83 SB 100181180 BCA).
DISCUSSION:
Ticor Title Insurance Company entered into an agreement with the City
to guarantee payment of fifty percent of the cost of relocating the existing
sewer main from under the newly remodeled portion of the residence, located at
116 Kings Place, to the southerly property line.
The sewer has been relocated as part of a City contract at a cost of
$44,203.82 with Ticor Title Insurance Company paying one half or $22,101.91 as
their portion of the construction cost.
The City paid for the other fifty percent of the sewer relocation
costs as the new sewer line will benefit the City with a new connection to the
Orange County Sanitation District main.
The faithful performance bond from Ticor Title Insurance Company may
be released at this time as all sewer main relocation work has been completed;
Ticor Title Insurance Company has paid $22,203.82 to the City, on November 30,
1988, to cover their portion of the construction costs; and the portion of the
old sewer easement located under the remodeled residence has been abandoned.
An exhibit is attached for reference.
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Benjamin B. Nolan
Public Works Director
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TO: CITY COUNCIL
FROM: Public Works Department
January 27, 1986
CITY COUNCIL AGENDA
ITEM NO. F -3(b)
BY THE CiVI CGUNM
CITY OF RENORT BEACH
SUBJECT: AGREEMENT FOR SEWER MAIN RELOCATION AT 116 KINGS PLACE
(LOT 2 OF TRACT NO. 1219) JAN 2 7 1986
APPROVED
RECOMMENDATION:
Approve agreement; and authorize the Mayor and City Clerk to execute
the agreement.
DISCUSSION:
On October 15, 1985, the City Council approved a building permit
agreement allowing Donald Ward to continue construction on a remodel at 116
Kings Place (see attached staff report).
Ticor Title Insurance Company desires to enter into an agreement
with the City to guarantee satisfactory completion of the sewer improvements
to replace the City's agreement with Donald Ward.
Ticor Title Insurance Company has executed an appropriate agree-
ment. Upon receipt of a faithful performance bond from Ticor in the amount
of $25,000, the City will release the $50,000 deposit Mr. Ward has posted.
Upon satisfactory relocation of the sewer main, the old easement
under Mr. Ward's house will be abandoned.
Benjamin B. Nolan
Public Works Director
BBN:jw
Att.
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SpPr„4 " i23 1985
CITY COUNCIL AGENDA
ITEM NO. F -3(f)
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: BUILDING PERMIT AGREEMENT FOR 116 KINGS PLACE
(Lot 2 of Tract No. 1219)
RECOMMENDATION:
Approve the Building Permit Agreement; and authorize the
Mayor and the City Clerk to execute the agreement.
DISCUSSION:
A building permit for an extensive remodel of the existing
residence was issued in error allowing the remodel to encroach over an
existing City sewer which was not shown on the building plans.
The property owner has executed an appropriate agreement
guaranteeing relocation of the public sewer and dedication of an
appropriate easement in order that he may continue construction on the
remodel. The property owner has also given the City an assignment of
$50,000 in order to guarantee relocation of the existing sewer.
An exhibit is attached for reference.
Benjamin B. Nolan
Public Works Director
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Att.
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AGREEMENT
THIS AGREEMENT is made and entered into this %-
day of i!i , 19869 by and between TICOR TITLE
INSURANCE COMPANY, hereinafter referred to as " TICOR", and DONALD
R. WARD and BARBARA G. WARD hereinafter collectively referred to
as "WARD ", and the CITY OF NEWPORT BEACH, a municipal
corporation, organized and existing under and by virtue of its
Charter and the Constitution and Laws of the State of California,
hereinafter referred to as "CITY ", with reference to that certain
Building Permit Agreement between WARD and the CITY dated August
222 1985 concerning the relocation of a CITY sewer across Lot 2
of Tract 1219 described in a deed recorded on December 31, 1958
in Book 4533, Pages 498 through 500 inclusively, in Official
Records of Orange County, California.
WHEREAS, TICOR issued Policy No. NB 80769 dated January
109 1978 to DONALD R. WARD and BARBARA G. WARD insuring Lot 2 of
Tract 1219 without reference to the sewer described in the deed
referred to above.
WHEREAS, WARD commenced construction of improvements
over the sewer and WARD and CITY have agreed to equally share the
cost of relocating the sewer and constructing a new sewer.
WHEREAS, WARD has deposited the sum of $50,000.00 with
CITY to secure performance of his agreement with CITY.
WHEREAS, TICOR desires to enter into an agreement
regarding the respective obligations of TICOR, WARD and CITY with
respect to the relocation of the sewer and construction of a new
sewer.
NOW, THEREFORE, the parties hereto agree as follows:
1. CITY agrees to relocate the sewer from under the
proposed structure on Lot 2 of Tract 1219 and construction of a
new sewer affecting said property.
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2. The parties hereto agree that any bids, proposals or
contracts submitted to CITY shall be subject to review by Millett
and Associates, 101 South Kraemer Boulevard, Placentia,
California prior to commencement of work of relocating the sewer.
3. TICOR shall pay one -half the cost of the relocation
of the sewer and construction of the new sewer, not to exceed
$25,000.00, which is one -half of the Director of Public Works'
estimate of the cost of this work, and shall file a bond, the
purpose of which shall be to assure full and faithful performance
of the work of relocation of the sewer and the construction of a
new sewer.
4. Upon the filing of the bond by TICOR, CITY agrees to
release the $50,000.00 deposit to WARD.
5. Upon completion of the new sewer, CITY agrees to
release the deed recorded on December 31, 1958, in Book 4533,
Pages 498 through 500, inclusively, in Official Records of Orange
County, California from Lot 2 of Tract 1219.
6. WARD shall be responsible to fulfill any and all
other conditions imposed by CITY for the issuance of any
applicable building permits and any and all conditions imposed by
CITY for final approval of improvements constructed by WARD.
WARD and CITY agree that TICOR is not to be responsible for
payment of any other improvements necessary for final approval
other than the relocation of the sewer and the construction of a
new sewer as it affects Lot 2 of Tract 1219.
7. If any legal action is necessary to enforce any
provision hereof or for damages by reason of an alleged breach of
any provision of this Agreement, the prevailing party shall be
entitled to receive from the losing party all costs and expenses
in such amount as the court may adjudge to be reasonable
attorneys' fees.
IN WITNESS WHEREOF, TICOR and WARD have executed this
Agreement and the CITY has caused its corporate name and seal to
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be affixed by its ?Mayor and City Clerk thereunto duly authorized
as of the day and year first above written.
rove as
Cit Attorney
TICOR TITLE INSURANCE COMPANY
OF CALIFORNIA
BY: >'
Roge herien, Vice President
BY: zmjik 1Ak U�
acMiIIan,
ssistant Vice President
Donald R. Ward
Barbara G. Ward
City Clerk
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Bond No. 83 SB 100181180
Premium: $450.00 (2 years)
CITY OF NEWPORT BEACH
SUBDIVISION FAITHFUL PERFORMANCE BOND
WHEREAS, the City Counc '4.l of the City of Newport Beach,
County of Orange, State of California, and Ticor Title Insurance
Company, hereinafter designated as "Principal," are about to or
have entered into an Agreement pursuant to the State of California
Subdivision Map Act and the Newport Beach Municipal Code with
reference to that certain Building Permit Agreement between Donald
R. Ward and the City of Newport Beach dated August 22, 1985 for
the installation and completion of certain designated public
improvements as required by the Newport Beach Municipal Code,
which said Agreement, dated January 27 19 86 , is hereby
referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said
Agreement to _furnish a bond for the faithful performance of said
Agreement.
NOW, THEREFORE, we, the Principal and THE AEM CASUALTY
AM 9= C"ANy whose place of business is
700 W. Broadway, Glendale, CA 91203 , a corporation organized
and doing business under and by virtue of the laws of the Statte of CT. n
and duly licensed by the State of California for the
purpose of making, guaranteeing, or becoming sole surety upon
bonds or undertakings required or authorized by the laws of the
State of California, as Surety, are held and firmly bound unto the
City of Newport Beach, hereinafter called "City," in a penal sum
not to exceed TWENTY -FIVE. THOUSAND DOLLARS ($25,000.00), lawful
money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, successors,
executors, and administrators, jointly and severally, firmly by
these presents.
The condition of this obligation is that if the above bound
Principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and
provisions in the same Agreement and any alteration thereof made
as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, and in
all respects according to their true intent and meaning, and shall
indemnify and save harmless City, its officers, agents, and
employees, as therein stipulated, then this obligation shall
become null and void; otherwise, it shall be and remain in full
force and effect.
As part of the obligation secured hereby and in additio- to
the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's
fees, incurred by City in successfully enforcing such obligation,
all to be taxed as costs and included in any Judgment rendered.
The Surety and Principal further agree that in the event the
work and improvements are not completed within the time allowed by
the said Agreement or any extension or extensions thereof as may
be granted by the City, the City may, at
addition to any other remedies available
arrange for completion of said work and
costs and expenses therefor shall become
City, as set forth in said Agreement.
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its option, and in
by law, complete or
improvements, and all
a debt due and owing said
The Surety hereby stipulates and agrees that no change,
extensions of time, alternation or addition to the terms of the
Agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its
obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the
terms of the Agreement, or to the work, or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by
the Principal and Surety above named on January 23 , 19 86
Approved as to Sufficiency:
City Manager —r
A7 roved as to Form:
City A torney
Stab of CALIFORNIA
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County of LOS ANGUEs
wwrw.n�carow,xcornnrow ruowr
THE AETNA CASUALTY AND SURETY COMPANY
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On this the 23rd ay of
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SHim.F.y URDANC
the undersigned Notary Public, personally appeared '
ROBERT A. OPPELT
® personally known to me
O proved Some on the balls 01 eatle1ec10ry widens
to be the pereon} who executed the within Instrument Y
Attorney -in -Fact or on behalf of the
corporation tMriin
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
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C0 URET
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ATE OF AUTHORITY OF ATTORNEY{S)-jN-FACT
LIFE&CASUALTY' Y AND CERTIFIC a tytlanaxtheaYreai the
POWER OF ATTORNE SURETY COMFANY, a op".,nn d0v organ "ado, cohstituted and
THATTHE x1NA CASUALTY AND ,H °rdord. State of Cwsn °chcut'
afHmslord Cowry^ alt, D. Lawrence Langley,
KNOW ALL MEN BYTNm htni SENTS.. t Robert A. IIPP
Stain M conn°cocat• end hed.A^9 its prmdpal aHae in +De City _
th6*e Presents mete. constitute and aPPOin 1
°ppoinied, and does DY Harlan �. CampbP.11
William L
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of LOS ua and acknowmdfo at is Pleca within tha United. States, W. ii the following line be /filled m, w
the following in
a %°t nitancea. C.evatte Of IndemmtV.
noted and all bond......
by his fier orm si9 IoSnr nal undMaking, and env and 011 aoncenb ineidenu Neleta
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OSURETY COMPANY, and all the eOS of saitl Anomeylspin.Fac6 purauam 1b the authority herein
and to biM THE THE kiNACASUALTY A" lull force
atone corelrmed" m env which Resolution° are now in
given, are hereby ratified erW 5 said Co P
and DY authorip of fibs lollowin9 Standing flesWutio^s o
An SeniorVlce President A ^Y V'ce
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std. recognizance. co^ red by the Chairman, President Pursuant to Ne POw Assistant Sac *nary
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Senior Vice Pneaiden4 rpnesCnWtn Nacentificete owe D"esaibed In his or
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This Power rs ai THE zETN President, AnY m enY may
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each or Na o t An oind send ent i atory inthe nature Neneof,?ndsucry
VOTED: lho,the.ignature of AasinentVl� m{e alapng thereto eDP sand otherwritings obY9 the onto
ands Y
plaideOt AM Itt"PrenidM4 A^Y pro any bonds and undanskir+9 m enY in Na ialara with
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uted and m this instrument to be signed by no
power so exec ip whicry it to sttndte0. ANY has mused
respect to enY bond or undenekin9 SURETY COMP heron affixed Nis 7th
AND rate see to ba
WHEREOF, THE &T Ind CASUALTY ,and is corpo SURETY COMPANY
IN yIe Pro ..e..s THE RTNA CASUALTY A!1
Vice President ,19 85
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day or dune y t yt,_
w r BY
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Assistant
Vice President
Sine of Connecticut Hartford ss. Ha IF,RNAN of
t Di Hartford JOSEPH P . F t
coo^v 19 85 before me Pereon0.5s1s� ant Vice Presiden
that helahe is utan above insrument; Nal he /She kno behalf
day of June a hd. °V� In end Which exec navumanl on
On this 7th being by me duly Sworn. didtdhem� end NathelshaexacN°d the aaitli
COMPANY, r retest dasrnbed ea leah
to me %now", WY'o• AND SURETY said instrumahtts such mrPOr
THE ATNA CASUALTY Resolutions thereof.
ratio" thatte son Olrxatl rocs dot the StandirW
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CERTIFICATE of THE ,ETNA CASUALTY AND SU
remains'n iu111prce an
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Newport Balboa Savings
Westcliff Branch
1100 Irvine Avenue
Newport Beach, CA 92660
(714) 644 -3131
January 30, 1986
Attention: Kathy Gibson, Vice President
Re: Savings Certificate Number 95- 14554 -6
Dear Ms. Gibson:
Pursuant to our telephone conversation of today, the
City of Newport Beach is releasing the Assignment of Savings
Account from Wards Investment Company in the above of $50,000
numbered 95- 14554 -6 as set forth in the attached copy of the
Assignment of Savings Account. The City of Newport Beach does
not have the savings certificate in its possession.
Please take all necessary steps to release this savings
certificate and contact me if you have any questions. Thank you
for your cooperation.
Very truly yours, 1
Carol A. Korade
Assistant City Attorney
CAK /jc
cc: Mr. George Pappas, Finance Director
Mr. Dick Hofstadt, Public Works
3300 Newport Boulevard, Newport Beach
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BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
• OCT 151985
APPROVED
TO: CITY COUNCIL
FROM: Public Works Department
6Yw)
September 23, 1985
CITY COUNCIL AGENDA
ITEM NO. - F-etfj
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
SUBJECT: BUILDING PERMIT AGREEMENT FOR 116 KINGS PLACE S EP 23 1985
(Lot 2 of Tract No. 1219) f
�1 Gs1i�C�Y Co f�L� /.ter:
RECOMMENDATION:
Approve the Building Permit Agreement; and authorize the
Mayor and the City Clerk to execute the agreement.
DISCUSSION:
A building permit for an extensive remodel of the existing
residence was
issued in error allowing the remodel to encroach over an
•
existing City
sewer which was not shown on the building plans.
The
property owner has executed an appropriate agreement
guaranteeing
relocation of the public sewer and dedication of an
appropriate easement
in order that he may continue construction on the
remodel. The
property owner has also given the City an assignment of
$50,000 in order
to guarantee relocation of the existing sewer.
An
exhhi/bbiiifit is attached for reference.
BY THE CM COUNCIL
Benjamin 1. Nolan
CITY OF NrM,1711RT BEACH
Public Works
Director
GC i 151535
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APPROVED
Att.
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WARD INVESTMENT CO.
September 23, 1985
2110 NEWPORT BLVD., COSTA MESA, CALIFORNIA 92627 (714) 642 -2000
n; _...
City Council of Newport Beach '
3300 Newport Blvd. ..- ..._. :.1: ,
Newport Beach, CA 92658
Re.: Building Permit Agreement for 116 Kings Place (Lot 2 fo Tract 1219)
on item number F -3(F) on your calender for the 23rd of September.
Dear Council,
I would like above said item taken fran pour agenda and continued
to a later date.
I have not had sufficient time to council with city personel regarding
the matter and too my rmther passed away on the 22nd of September
while on a trip.
i)
BUILDING PERMIT AGREEMENT
THIS AGREEMENT, made and entered into thisD�)0 1�, day of ,iciy
19S' by and between
hereinafter referred to as "OWNER," and the CITY OF NEWPORT BEACH, a municipal
corporation, organized and existing under and by virtue of its Charter and the
Constitution and laws of the State of California, hereinafter referred to as
"CITY ";
WITNESSETH:
r
WHEREAS, OWNER proposes to construct permanent structural improvements,
over a CITY public utility easement for public utility purposes (hereinafter
"EASEMENT ") across Lot 2 of Tract 1219 and recorded in Book 4533, Pages 498
through 500 inclusively, in Official Records of Orange County, California; and
WHEREAS, CITY has sewer facilities located within said EASEMENT; and
WHEREAS, CITY desires to condition approval of construction of said
structural improvements over said facilities; and
WHEREAS, the parties hereto desire to execute an agreement providing
for fulfillment of the condition required by1CITY to permit owner to construct
said structural encroachment;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
1. OWNER agrees to relocate CITY sewer facilities from under the pro-
posed structure and dedicate an appropriate ten -foot EASEMENT or take other such
action approved by the Public Works Department as a condition of approving the
Building Permit. OWNER agrees to complete sewer improvements within a period of
six months from the date hereof.
2. Said improvements shall be completed to the satisfaction of the
City Engineer of CITY, and OWNER of said work.
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3. If OWNER shall fail to complete said improvements within the
period set out above, CITY may resort to any security deposited by 0'4NER or call
upon the surety for OWNER to pay for said improvements or to supply the money
for the completion of said improvements in accordance with this contract. OWNER
shall also be responsible for said improvements and the cost thereof.
4. The time within which said improvements must be completed, as set
out in Paragraph 1 hereof, may be extended by the Public Works Director upon the
request of OWNER when the CITY determines that circumstances justify an exten-
sion of time.
5.. OWNER shall file with this Agreement with CITY a bond or other
security as provided in the Newport Beach Municipal Code in an amount of the
Director of Public Works' estimate of the cost of said improvements, the purpose
of which shall be to assure full and faithful performance by OWNER of the work
of construction of -said improvements and dedication of new EASEMENT.
6. OWNER agrees to indemnify and hold harmless CITY and its officers,
agents and employees from all demands, claims, losses or liability on account of
injury or damage to persons or property suffered or claimed to be suffered in,
on or around the development by any person as a result of any act or omission by
OWNER or his agents or employees between the date OWNER begins work on the
Building Permit and the date the improvements are completed and accepted by
CITY. `
i
7. If any legal action is necessary to enforce any provision hereof
or for damages by reason of an alleged breach of any provision of this
Agreement, the prevailing party shall be entitled to receive from the losing
party all costs and expenses in such amount as the court may adjudge to be
reasonable attorneys' fees.
8. This Agreement represents the full and complete understanding of
every kind or nature whatsoever between the parties hereto and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein. No
verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both CITY and OWNER.
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IN WITNESS WHEREOF, OWNER has executed this Agreement and the CITY OF
NEWPORT BEACH has caused its corporate name and seal to be affixed by its t•tayor
and City Clerk thereunto duly authorized as of the day and year first above
written.
pp ved as to sufficiency:
City Manager
Approved as to form:
City Attorney
3of3
I
a
(, WEWPORT BALBOA SAVINGS
ASSIGNMENT OF SAVINGS ACCOUNT
Fes' I`rr CCMPANY hereinafter called Assignor, whose principal place of
business is 2110 Nms000r*- Blyft Ccst mesa Ca 92527 does hereby assign and set over to
the ri= &f Netaaort each all right, title and interest of whatever nature,
of assignor, in and to the insured account of assignor in the NEWPORT BALBOA SAVINGS evidenced
by a Savings Certificate in the amount of S 50,000.00 numbered 95- 14554 -6 , which is
delivered to the Citv of Nmmciz't Beach of Wav herewith. Assignor agrees that this
assignment carries with it the right to the insurance of the amount by the Federal Savings and Loan
Insurance corporation, and includes and gives the right to the . City. of PLwport Beach
to redeem, collect and withdraw the full amount of such account at any time WITHOUT NOTICE TO
ASSIGNOR. This assignment is given as security for ysoonluins of npwpr t in- nrrhlPm at 116 Fiirigs Plate
Newport Beach „Ca
Assignor hereby notifies the above named Savings and Loan Association of this assignment.
Dated this 22nd day of August, 1985
X 6e -k
(AnIonor)
RECEIPT FOR NOTICE OF ASSIGNMENT
Receipt is hereby acknowledged to the
TTC ,, Ty Casri,r a A Ti
of written notice of assignment to said Company
and Certificate identified above. We have noted
in our records the Company's interest in said
account' as shown by the above assignment and
have retained a copy of this agreement. We cer-
tify that we have received no notice of any lien,
encumbrance, hold, claim, or obligation of the
above - identified account prior to the assignment
to the / Hard investzrent Co.
We agree to make payments to the
flrisn!nyvrf ” ?�.x-r,rh ?^aanis
upon request in accordance with the Savings and
Loan laws applicable to this association.
�Date/d this 22nd day of August 1985
(--me & /,tltl, of oHi..O Vice Pmsident
l
Newport Balboa Savings And Loan
Vmstcliff
BRANCH
ADDRESS
M -1865 V G
RECEIPT FOR CERTIFICAT) AND
DIRECTION TO PAY EARNINGS
Receipt is acknowledged of the above assignment
and the Certificate identified in the above assign-
ment. The Savings and Loan Association named
in the above assignment is hereby authorized and
directed to pay any earnings on the above ident-
ified account to the above named assignor until
otherwise notified in wilting by the
1
Dateit this day of
V
c �
ja.thorized ernp;oywo
1100 Irvine Ave., Newport Beach, Ca 92660
White, Assocl,tlon Copy Yellow - Assignor's Copy Pink - Assignee's Copy