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HomeMy WebLinkAboutR-92-0451J-92-50 9 6/19/92 RESOLUTION NO. Q� J A RESOLUTION AUTHORIZING THE REPLACEMENT OF CERTAIN CITY OF MIAMI, FLORIDA STORM SEWER IMPROVEMENT GENERAL OBLIGATION BONDS, DUE DECEMBER 1, 1992, IN THE PRINCIPAL AMOUNT OF rEN THOUSAND DOLLARS ($10,000.00) WITH COUPONS DATED DECEMBER 1, 1990, TO SUBSTITUTE LOST BONDS AND COUPONS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMII FLORIDA: SECTION 1. The Commission of the City of Miami, Florida (the "City Commission") hereby finds and determines that: (a) The City Commission has received and caused to be examined an affidavit sworn and subscribed to before a notary public on December 19th, 1991, by Helene Barnett that (i) Helene Barnett is the lawful owner, or has a proprietary interest in the Ten Thousand Dollars ($10,000.00) principal amount of City of Miami, Florida Storm Sewer Improvement General Obligation Bonds, due December 1, 1992, bearing 5.90% interest, Certificate Nos. 500, 509 and coupons dated December 1, 1990; (ii) the original Bonds and coupons dated December 1, 1990 have been lost, stolen or destroyed; (iii) said Helene Barnett has no other knowledge or information as to the whereabouts of the Original Bonds and coupons dated December 1, 1990; (iv) the Original Bonds and CITY COMMISSION MEETING OF J If f. 0 9 1992 Hasolution No. 92- 451 coupons dated December 1, 1991 have not been sold, assigned, endorsed, transferred or deposited under any agreement, hypothecated, pawned or pledged, or in any other manner disposed of by or on behalf of Helene Barnett; (v) the affidavit is made for the purpose of inducing the City of Miami, Florida (the "CITY"), to issue new or duplicate bonds and coupons dated 4 December 1, 1990 in lieu of the lost bonds and coupons dated December 1, 1990, and to hold the City of Miami, Florida and its successors and assigns harmless against any loss or damage sustained by reason of the issue of such new or duplicate bonds and coupons dated December 1, 1990, or the refusal to make transfer of the original lost bonds and coupons dated December 1, 1990. (b) The City Commission has received and caused to be examined one counterpart of an Indemnity Bond, (hereinafter called the "Indemnity Bond"), executed March 24, 1992 by the Fidelity and Deposit Company of Maryland pursuant to which the Fidelity and Deposit Company of Maryland is firmly bound unto the City of Miami, its successors, and any other parties vested with powers or duties respecting the Original Bonds and coupons dated December 1, 1990, or the Duplicate Bonds and coupons dated December 1, 1990, (herein and in the Indemnity Bond called the "Obligees") in an aggregate amount sufficient to indemnify the Obligees in connection with the issuance of the Duplicate Bonds and coupons dated December 1, 1990, which shall 2 92- 451 remain in full force and effect until the Original. Bands and coupons dated December 1, 1990 are returned to the City and are cancelled. Section 2. For the purpose of providing bonds in substitution for the Original Bonds and coupons dated December 1, 1990 under the authority of the Charter of the City of Miami, Chapter 10847, Special Laws of Florida, 1925, as amended, there shall be issued Duplicate Bonds and coupons dated December 1, 1990 of the City of Miami, Florida similar to the Original Bonds and coupons dated December 1, 1990 to the fullest extent feasible, in the principal amount of Ten Thousand Dollars ($10,000.00), consisting of Certificate Numbers 500 and 509 designated 'City of Miami, Florida Storm Sewer Improvement General Obligation Bonds," bearing interest at the rate of 5.90% per annum, payable semiannually in each year and stated to mature on December 1 1992, and coupons dated December 1, 1990. The Duplicate Bonds and coupons dated December 1, 1990 shall be deemed to vest in the holder the same rights, privileges, benefits and immunities and to be subject to the same limitations, requirements and conditions, as the Original Bonds and coupons dated December 1, 1990. Section 3. The Chemical Bank, in the Borough of Manhattan, City and State of New York, is authorized and directed herewith to cause the Duplicate Bonds and coupons dated December 1, 1990 to be printed and delivered to the City Commission for execution, _3_ 92- 451 pursuant to the provisions of Ordinance No. 9129, adopted July 10, 1980 and subsequent resolution(s) authorizing the issuance of the Original Bonds and coupons dated December 1, 1990 by the manual signature of the City Clerk, the facsimile signature of the Mayor, and the facsimile seal of the City. Upon satisfying himself that said Affidavit and Indemnity Bond are in proper form and have been duly executed and delivered and that the Duplicate Bonds and coupons dated December 1, 1990 are in proper form and have been duly executed, the Director of Finance shall cause the Duplicate Bonds and coupons dated December 1, 1990 (with counterparts of the Indemnity Bond and the Affidavit and a certified copy of this Resolution) to be delivered to Chemical Bank, for their delivery to said Helene Barnett. Section 4. Upon delivery of the Duplicate Bonds and coupons dated December 1, 1990 executed as herein provided, the original Bonds and coupons dated December 1, 1990 shall be null and void and no longer an obligation of the City of Miami, Florida. If the Original Bonds and coupons dated December 1, 1990 shall be found or otherwise come into the custody or possession of the City or any Paying Agent of the City, the City shall cause the Original Bonds and coupons dated December 1, 1990 to be canceled, shredded and destroyed, and shall cause a signed certificate to such effect to be sent to the Director of Finance of the City, Chemical Bank, and the Paying Agents of the City respecting such issue of Bond. 92- 451 -4- Section 5. All costs and expenses incurred by the City in connection with the issuance of the Duplicate Bonds and coupons dated December 1, 1990 shall be charged and collected by the City from the owner of the Original Bonds and coupons dated December 1, 1990. Section H. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of ATTES MA HIRAI, CITY CLERK PREPARED AND APPROVED BY: ,t ePAELO. DIAZ CITY AT RNEY APPROVED AS TO FORM AND CORRECTNESS: VIER L. SQTAREZ, , 1992. N -5- 92- 451 s CiTv 0: f.! AMI, FLORIDA CAw22 INTER -OFFICE MEMORANDUM 7° Honorable Mayor and Members DATE of the City Commission SUELIECT FROM M P REFERENCES: Cesar H. Odi City Manager ENCLOSURES 3 1992 FILE �,iLif ►� Agenda Item - Replacement of Lost Bonds It is respectfully recommended that the attached Resolution authorizing the replacement of certain City of Miami, Florida Storm Sewer Improvement General Obligation Bonds, due December 1, 1992, in the principal amount of Ten Thousand Dollars ($10,000) to substitute lost bonds and coupons dated December 1, 1990, be approved. The replacement of bonds lost by holders of City -issued bonds requires City Commission authorization. Helene Barnett, holder of $10,000.00 in City of Miami, Florida -Storm Sewer Improvement General Obligation Bonds, due December 1, 1992, and coupons dated December 1, 1990, lost them and has posted the necessary Affidavit and Indemnity Bond to protect and hold harmless the City in regards to the issuance of the replacement bonds. } The Finance Department hereby recommends the adoption of the attached resolution to replace the lost bonds and coupons dated December 1, 1990. 92- 454 cA� t P,,-,'4CHEMICAL � Chemical Bank 55 Witer Strut New York, 14Y 10041.0199 2121820- 6620 C.T.G. Bondholder Relations Room 540 March 31, 1992 City of Miami Florida 3500 Pan American DrivC Miami, FL 33133 Attn: Peter Serrao r] Re: Miami City FL 5.90% Storm Sewer Improvement Dtd 12/1178 Due 12/l/92 Bearer Bonds 500/509 @ $5,000.00 Each Lost With Coupons Due 12/1/90 & SCA Correspondence Control Number: 91-1124 Dear Mr. Serrao: We are enclosing for your files, a counterpart of a Sole Obligor Open Penalty Bond of Indemnity and Affidavit of Loss submitted in connection with the loss of the above described security. Should the enclosures meet with your approval, kindly forward to us a letter authorizing us to make replacement of tlle missing coupons due 1211/90, 6/l/91 and 12/1/91 without presentation thereof, and also authorizing us to make payment on the 6/1/92 coupon when due. We also request authorization to make payment oil the coupons due 12/1/92 and principal due 12/1/92 at the appropriate time without presentation thereof. The enclosed documents have been reviewed and meet with our approval. Very truly yours, Dennis O'Reilly Lost Securities Analyst DO/ca Enclosure 92- 451 GEUSERVE N CKMICALBAW Securities and Trust Services 55 Water Street New York, N.Y. 10041 INDEMNITY BOND IMPORTANT INSTRUCTIONS 1. The Surety Company executing this Bond must be one of the standard companies, authorized to write indemnity bonds in the State of New York and acceptable to each of the Obligees. 2. This Bond must be acknowledged by both the Principal and the Surety Company. The Notary Public (or other officer) taking the acknowledgment must affix his seal of office and state the date, if any, on which his commission expires. In the event the acknowledgment of the Principal is taken before a Notary Public (or other officer) not authorized to' act within the State of New York, a County Clerk's Certificate (or other competent authentication) evidencing such official's authority must be attached to each counterpart of the Bond. 3. The authority of the officer of officers executing this Bond on behalf of the Surety Company must be shown by a copy of the by-laws, resolutions dr similar authorization, certified by the Secretary or an Assistant Secretary of the Surety Company as being in effect on the date of execution of this Bond and, in case the authorization is given to the holder of a particular office, the certification must state that the person executing this Bond was the holder of such office on said date. Certifications by attorneys -in -fact or by "resident" officers of the Surety Company or by an officer who executes this Bond are not acceptable. If the Principal is a corporation, the authority of the officer or officers executing this Bond on behalf of the Principal must be Ihown in like manner. 4. In a case where the new instrument is to be issued in the name of, or payment in respect thereof is to be made to, someone other than the registered holder of the lost, stolen or destroyed security, all the formalities necessary to complete a transfer must be complied with, including the furnishing of a detached instrument of assignment by the registered holder or his legal representative with the signature thereto guaranteed in the customary manner, transfer tax stamps (or funds in lieu thereof) and such other papers as may be necessary under the circumstances. 5. An affidavit establishing ownership of the lost, stolen or destroyed security and setting forth in detail the facts and circumstances of the loss, theft or destruction should be attached to each counterpart of this Bond, unless previously furnished. 03 2499 (7-86) 9 2 " 451 BOND # 9979633-993 (C at nonh, Nrty 1'orh, orrn r'rnarty rndemrtjty Rpn, t,,j INDEMNITY BOND VW '{hate all Men fig ttllear 11riportits, that, Helene Barnett: _ P 0 Box 398419 / Miami Beach, FL 33139 (Give complete address) , as Principal (hereinafter called the Principal), and Fidelity and Deposit Company of Maryland , duly authorized to transact the business of indemnity and suretyship in the State of New York, and having an office and principal place of business in The City of New York at 111 John Street as -Surety, (the Principal and said Surety being hereinafter collectively sometimes called the Obligors) are held and firmly bound unto ^ CrI� CF Mwn' FL IMORIM N7UUCNV, BANK 0-111,UC'AL Brfi < t and unto all such individuals, firms and corporations, as now or hereafter may be acting as Trustee, Depositary, Fiscal or Paying Agent, Registrar, Transfer Agent or in any other capacity in respect of the security or securities mentioned below, their respective legal representatives, successors and assigns (hereinafter collectively called the Obligees), in an aggregate sum sufficient to indemnify the Obligees and each of them in case of a default under the conditions of this Bond as hereinafter set forth, but not exceeding the maximum amount for which said Surety may lawfully obligate itself in respect of any single risk, to be paid to the Obligees and each of them, as their respective interests may appear, in lawful money of the United States of America, for whicit payment well and truly to be made the Obligors do bind themselves and each of their heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. SEALED with the seats of lire Obligors and dated this 24 th day of March WHEREAS the Obligors represent that the Principal is the sole and absolute owner of KEAMI CITY FL 5.90% SMR4 SPY M IN43UE4M DID 12/1/78 If1F 12/1/92 REARM B= 500/509 @ $5;000.00 EW.i, IC g WrIH CtxpoNs DuE 12/1/90 and all rights represented thereby (such security or securities being hereinafter called the Originals) and that the Originals have been lost, stolen or destroyed and cannot be found or produced; and WHEREAS at the request of the Obligors and in reliance upon said representations and in consideration of the execution and delivery of this Bond, the Obligees are willing to issue and deliver to the Principal or upon the Principal's order a new instrument or instruments in place of the Originals or to make a payment, credit, transfer, registration, exchange or delivery called for by, upon or in respect of, the Originals without requiring the presentation or surrender thereof for cancelation or stamping or for any other purpose: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCH that if the Obligors, their heirs, legal representatives, successors and assigns shall forever defend, indemnify and hold harmless the Obligees and each of them from and against any and all claims, demands, actions and suits (whether groundless or otherwise) and from and against any and all liabilities, losses, damages, cost and charges (including counsel fees and all other expenses) of every nature and character as the same may arise or be made against or be incurred by the Obligees or any of them, or to which the Obligees or any of them may be subjected, or which the Obligees or any of them may sustain; whether by reason or in consequence of any claim which may be made in respect of the Originals, or the issuance or delivery of, or refusal to issue or deliver, anew instrument or instruments to any person or persons presenting or surrendering the Originals, or Pl the issuance or delivery of_anew instrument or instruments in place of the Originals as a foresail, or otherwise, without requiring the preientation or surrender thereof, or the malting of a payment, credit, transfer, registration, exchange or delivery upon or jn respect of the Originals or of the new instrument or instruments issued in place thereof, or any other act or refusal to act which the Obligees or any of them may or may not do or permit upon or in respect of the I Originals or of the new instrument or instruments issued in place thereof, whether or not caused by, based upon or ctiF arising out of inadvertence, accident, oversight, neglect or otherwise on the part of Obligees or any of them or on the part of an officer, agent, clerk or employee of the Obligees or any of them, and whether or not any act or refusal to act, J which the Obligees or any of them may or may not make, do or permit, is made, done or permitted without previous inquiry into or contest of the propriety of any such act or refusal to act, then this obligation shall be void; otherwise it shall remain in full force and effect. - J STATE OF COUNTY OF putnership On this day of Acknowledg- ment - Corporation Acknowledg- men( LA 19_, before me personally appeared , to me known and known to me to be a member of the firm of --- described in and which executed the foregoing instrument, and he thereupon acknowledged to me that he signed the same as and for the act and deed of said firm. STATE OF COUNTY OF On this ss.. day of —19 , before me personally appeared to me known, who, being by me duly sworn, did depose and say; that hie resides at in the City of , State of_ ; that tie is the of the corporation described in and which executed the foregoing instrument; that lie knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that lie signed his name thereto by like order. State of New York Its:County of New York On this 24th day of March 19 92 , before me personally appeared VNiilllam Spaar, Jr. to me known.. who, being by me duly sworn, did depose and say: That he resident in Nutley, N.J.; that he is an Attorney -in -Fact of Fidelity and Deposit Company of Maryland, the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and thst he signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of his office under the Standing Resolutions thereof. MARLES C�ATAS NOTARY PUBLIC, State Of NOW York No. 81- 4884548 Qualified in Now York Cou oommtssion Dplm April R, 92- 42 - -1 This Bond shall be deemed a continuing obligation and successive recoveries may be had hereon for the various -f matters in respect of which the Obligees or any of them shall become entitled to be indemnified. The Obligors, agree that bt case the Originals be found or come into the hands, custody or power of any of them or into the hands, custody or power of any other person or persons the Obligors forthwith on demand shall deliver or cause the same to be delivered to the Obligees in order to be canceled or shall pay to the Obligees in cash whatever sum shall be required on the date of such payment to enable the Obligees to purchase in the open market a security or securities equivalent to the Originals. The Prinicipal and Surety jointly and severally agree that, if for any reason and at any time or from time to time the Obligees or any of them shall deem insufficient the indemnity provided hereby, the Principal and Surety shall forthwith upon demand furnish the Obligees with such additional indemnity as the Obligees or any of them may reasonably require, and in the event of failure so to do the Obligees or any of them may proceed forthwith to effect Insurance for the benefit of the Obligees as their interest may appear in such amount as the Obligee effecting such insurance may in its absolute and uncontrolled discretion deem reasonably necessary for the protection of the Obligees hereunder, and the Principal and the Surety jointly and severally agree that they shall forthwith upon demand reimburse the Obligee effecting such insurance for the cost thereof. To the extent that such reimbursement is not so made the Obligee effecting such insurance shall be conclusively deemed to have sustained loss and damage by reason of the issuance and delivery of a new instrument or Instruments in place of the Originals or the payment, credit, transfer, registration, exchange or delivery upon or in respect of the Originals as aforesaid. Said Surety agrees that its liability hereunder shall be absolute and unconditional regardless of the existence or non-existence of liability of the Principal hereunder and whether such non-existence of liability be by reason of any irregular or unauthorized execution of or failure to execute this Bond or any absence of interest of the Principal in the subject matter hereof or otherwise and that its liability hereunder shall accrue and become enforceable against it without prior demand or any other precedent action or proceeding against the Principal. The obligation hereby created in favor of each of the Obligees shall remain unaffected by the termination of the particular capacity in which any Obligee may now or hereafter be acting with respect to the Originals. This Bond is entered into under and pursuant to the laws of the State of New York and shall in all respects be construed in accordance with the laws of said State. (Individual) (L. S.) Principal (Partnership) Principal by_ (L.S., A General Partner A (Corporation) , Principal I Attest: by r Secretary President Attest: -" 2'iY AND DZ`Pj- _!'T c 1E•1r't'_"]' - ► • � ,, -� Surety by— creIary ofnow u1Li1Kn� yrrrr:, Jk., �11ivQ�.k1.10`4'W '-V STATE Or_ COUNTTP�1�M Individual On this day of _75-Q_ v% u u..,r •-1 l9 before me personalty appeared ►cknowledg• � merit lQ F to me known and known to me to be the Individual described in and who executed the foregoing instrument, and he duly acknowledged to me that.la&.Wixecuted the sameZ� 0 1 XTRACT IAMN1 Ill" -I ANVS OF I'll)I•,I.IT AND DI•;I'ttSIT t;OMPANY OF NIARVLAND "Article VI. Sm-lion 2. The Chairman of the lionrd, or the 1're4drnt, or any IArcntivr Vire-President. or any of the Srnior Vive- Presidentr or Virr-Presidents sprcinlli authorized so to do by the Board of Directors or by the h.xrcutive Committee, shnll have power, he and with the concurrence of the Serretnry or nay one of the Assistant Secretnries, to nproint Resident Vice, TreBi/1rn tS, Assistant Vice -Presidents and Attorneys-in-rnrt ns the business of the Company cony require, or to nulhorize any person or persons to execute on hehnl( of the Compnny any bonds, undertnkinRa, recognizances, stipulations, policies, contracts, agreements, dreds, and releases and nssignments of judgements, decrees, mortgnges and instruments in the nnlore of mortgnges,...and to affix the, seed of the Cnmpnny thereto." r L14=1 y�-- 451 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE. MO KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to bull force an�iect on thf date hereof, does hereby nominate, constitute and appoint William Spaar, Jr. of Nu New d ey -- i true an lawful agent and Attorney -in -Fact, to make, any and all bonds and undertakingsr n t�ion of such bonds or undertaking1i and amply, to all intents and purposes, as if the Company at its office in Baltimore, M 11 issued on behalf of Williatn� r, The said Assistant Secretary does h by &ti Section 2, of the By -Laws of said y, a IN WITNESS WHEREOF, the s e-Pres' Corporate Seal of the said FIDELI AND D, June , A.D. 19_8 7 FIDELIT� ATTEST: .SEIiL n STATE OF MARYLAND CITY OF BALTIMORE , and on its behalf as surety, and as its act and deed: llrsuance 'be presents, shall be as binding upon said Company, as fully d been ecuted and acknowledged by the regularly elected officers of r ow r persons. This power of attorney revokes that Jr� ated, March 31, 1987. extract set forth on the reveres aide hereof is a true copy of Article VI, t oforce.ssistant Secretary have hereunto subscribed their names and affixed the r COMPANY OF MARYLAND, this 15th day of DEPOSIT COhIPANI' OF MARYLAND .......... By .............. —................... u°. ...................... gars'Vice-1'resident On this 15th day of June , A.D. 19 87 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, luly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hrreunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. Notary Puliflic Commis 'on pires Ju 1y 1, 1990 CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I du further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, *of the By -Laws of the FIDELITY AND DEPOSIT COMEPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following reaolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 24 th day of March 19-.2 093-2899 Assistant Secretary �� �`- 45� . 1.1419r(.0--21.rM. R 71 21 WA a� FIDELI i V AND DEPOSIT CON .-\ZANY OF MARYLAND HOME OrrICE- BAL71MORT:, MD. 21203 Statement of Financial Condition AS OF JUNE 30, 1991 The U Companies ASSETS Bonds............................................................................$ 237,876,686 Stocks........................................................................... 207,056,440 Real Estate .......... .......................................................... I.. 7,062,871 Cash in Banks and Offices and Short Term Investments .................................. 4,051,789 Premiums in Course of Collection (less than 90 days old) ................................. 28,918,229 Reinsurance and Other Accounts Receivable ........................................... 15,820,610 TOTAL ADMITTED ASSETS..........................................................$ 500,786,625 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums ..................................... ...............$ 133,714,670 Reserve for Claims and Claim Expenses ............................................... 138,583,545 Reserve for Taxes and Expenses ........................................ ............. 8,743,601 Miscellaneous..................................................................... 7,283,093 TOTAL LIABILITIES................................................................................$ 288,324,909 Capital Stock, Paid Up ........................................ $ 5,000,000 Surplus ..................................................... 207,461,716 Surplus as regards Policyholders..................................................... 212,461,716 TOTAL ...................... $ 500,786,625 Securities carried at $4,682,920 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of June 30, 1991 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $507,637,756 and surplus as regards policyholders $219,312,847. I, JOSEPH J. GALLAGHER, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 30th day of June, 1991, according to the best of my information, knowledge and belief. STATE OF MARYLAND CITY OF BALTIMORE } SS: Subscribed and sworn to, before me, a Notary Public of the State of Maryland, in the City of Baltimore, this 31st day of July, 1991. NWAW PUBW Notary Public My commission expires November 1, 1993. 92— . 451 turn-a-761 STATE OF COUNTY OF 1 i, the undersigned �` L being duly sworn, depose and say: i am of legal age tad re ide at V t�vti f ire die County of _c , State of On or about the a d sy of � ar "•��- � , Overeirtafter called the Securities) more particularly described'as 19 1 o _ certain securities MPM CrIY EL 5.90% MM 53'AM PAPfi7dF SNr MD 12/1/78 Mir, 12/1/92 13MR R saw 500/509 @ $5,000.00 moi, io r wrlii w[.km or. 12/1/90 mgistesed in the naive of (indicate if in bearer form.) rVVM here lost, stolen or destroyed tinder the following circumstances: (Describe cleoly and In detail the circumstances under which the Securities were lost, stolen or destroyed, the place where they were lut known to have been located. and the efforts made to recover then-) On July 8, 1990, when Mr. Stanley Barnett passed away, the above described bonds cannot be found in the vault where all of his securities were kept. All his life, Mr. Barnett kept records of his properties. Eieept as stated above, 1 have no knowledge or information as to the whereabouts of the Securities. The sole and absolute owner of the Securities is (ladicate by a which of the following is applicable, and, if "B" or "C", insert the required information.) Q(A) the undersigned. Q(g) , a Corporation duly organized under the laws of the State of , having its principal office at, (warn an executive officer, to -wit, the authorized by said Corporation to make this affidavit. and of said Corporation and duly Q(c) s co -partnership doing business under said name, having its principal office at and i am a general partner of said firm. Except as hereinafter specifically stated, neither the Securities not any of the rights represented thereby have beret said. assigned, endorsed, transferred or deposited under any agreement or subjected to any hypothecation lien or pledge, or in any other manner disposed of by or on behalf of said owner and neither said owner nor anyone on -behalf of said owner his executed any power of attorney, stock power or other assignment or authorization in respect thereof which is now outstanding and in force; and no person. firm or corporation other than said owner has any right, title, claim, equity or interest in or to the Securities or any of the rights represented thereby. (Dtseribi fully say asceptions to the foregoing) This affidavit is made for the purpose of inducing CIW C. rMpM, FL PAY= AGM, .and Chemical Bank. as , (I) to refuse to honor the Securities shoulc they be presented by anyone other than said owner for transfer, payment. exchange or otherwise, and (2) to issue: replacement securities is lieu thereof of to make the transfer, payment, delivery at rxcbange to which said ownet would be entitled upc s the surrender of the Securities. Subscribed and�Sworn to before me on the t / day of -2?A if, Q..r. d . l9Mt— . (Seal) Aly Commission expires on' r t )g ti) �AW ~l'f"Z� (This affidavit must be subscribed and sworn to before a Notary Public cc other officer qualified to administer oaths. Such Notary Publir (or other officer) must afliz his seal of *(tics and acme the date, If any, on which his commission expires. it executed outside the State of New York. a County Jerk's Certificate (or ocher competent authentication) evidencing the authority of the Notary Public (or other officer) is act must be attached to each counterpart of this affidavit. 451 1.3