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HomeMy WebLinkAboutR-89-0628J�$9-69�i 07/03/89 RESOLUTION N0.#WI�"� ATTACo A RESOLUTION/ AUTHO IZINGNTHE REPLACEMENT OF CERTAIN CITY OF MIAMI, FLORIDA HOUSING BONDS# DUE AUGUST 19 19949 IN THE PRINCIPAL AMOUNT OF TEN THOUSAND DOLLARS ($101000.00) TO SUBSTITUTE LOST BONDS. BE IT RESOLVED BY THE COMMISSION OF TGIF CITY OF MIAMI 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 j examined an affidavit sworn and subscribed to before a notary i public on May 15, 1987, by L. F. Rothschild, Unterberg, Towbin, t Inc., that (i) L. F. Rothschild, Unterberg, Towbin, Inc. is the lawful owner, or has a proprietary interest in the Ten Thousand t Dollars ($10,000.00) principal amount of City of Miami, Florida s Housing Bonds, due August 1, 19949 bearing 11.25% interest,, Certificate Nos. 195 and 199; (11) the Original Bonds being lost, stolen or destroyed; (iii) said L. F. Rothschild, k Unterberg, Towbin, Inc., has no other knowledge or information as to the whereabouts of the Original Bonds; (iv) the Original Bonds have not been sold, assigned, endorsed, transferred or deposited under an agreement, hypothecated, awned or pledged, or in, an Y 8 r Y P � p P g r Y other manner disposed of by or on behalf of L. F. Rothschild, Unterberg, Towbin Inc.; (v) the affidavit is made for the purpose of inducing the City of Miami, Florida (the "CITY"), to issue a new or duplicate bonds in lieu of the lost bonds, and to hold th City of Miami, Florida and its. successors and assigns harmles,ic!, against any loss or damage sustained by reason of the issue o r such new or duplicate bonds, or the refusal to make transfer •o the original lost bonds. ti (b) The City Commission has received and caused to be examined one counterpart of an Indemnity Bored, (hereinafte called the "Indemnity Bond"), executed February 19$9 by tip �z 4 # Aetna casualty and Surety Company pursuant to why oh tlae Aat;s s k Casualty .. ,and Surety Company 10 firmly bQun4. pgtQ t 4 � 3' 1 .1=89494 01/03/89 RESOLUTION N0.�'� A RESOLUTION/AUTHORIZICNG N THE REPLACEMENT OF CERTAIN CITY OF MIAMI, FLORIDA HOUSING BONDS# DUE AUGUST 1, 1994s IN THE PRINCIPAL AMOUNT OF TEN THOUSAND DOLLARS ($109:000>00) TO SUBSTITUTE LOST BONDS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF 'MIAMI FLORIDA: SECTION 1. The Commission of the City of Miami; Florida (the "City Commission") hereby finds and determines that$ (a) the City Commission has received and caused to be j examined an affidavit sworn and subscribed to before a notary f 1 public on May 15, 19879 by L. F. Rothschild, Unterberg, Towbin, 1 , Inc., that (i) L. F. Rothschild, Unterberg, Towbin, Inc. is the 7 lawful owner, or has a proprietary interest in the Ten Thousand j Dollars ($10,000.00) principal amount of City of Miami, Florida Housing Bonds, due August 1, 19940 bearing 11.25% interest, j Certificate Nos. 195 and 199; (ii) the Original Bonds being lost, stolen or destroyed; (iii) said L. F. Rothschild, Unterberg, Towbin, Inc., has no other knowledge or information as to the whereabouts of the Original Bonds; (iv) the Original Bonds have not been sold, assigned, endorsed, transferred or deposited under any agreement, hypothecated, pawned or pledged, or in,,an other manner disposed of by or on behalf of L. F. Rothschild,;, j Unterberg, Towbin Inc.; (v) the affidavit is made for the purpos of inducing the City of Miami, Florida (the "CITY"), to issu ■ ' Cj new or duplicate bonds in lieu of the lost bonds, and to hold the }}{ City of Miami, Florida and its, successors and assigns harmles �-'- }' against any loss or damage sustained by reason of the issue of •x i f such new or duplicate bonds, or the refusal to make transfer the original lost bands. s Q a (b) The City Commission has received and caused t4 b ` 7' examined one counterpart of an Indemnity Bond, (hereiaafta � called the Indemnity Bond"), executed February 1, 1959 py tb Aetna Casualty and Surety Company ,pursuant to Casualty.. and Surety Company is f r, y bound unto bhp rh°: - - r n u.� L y i Miami, its successors, and any other parties vested with powers or duties respecting the Original Bonds or the Duplicate Bonds u 1 (herein and in the Indemnity Bond called the "Obligees") in an aggregate amount sufficient to indemnify the Obligees in - y y connection with the issuance of the Duplicate Bonds) which shall regain in full force and effect until the Original Bonus are returned to the City and are cancelled. x> Section 2. For the purpose of providing bonds in substitution for the Original Bonds under the authority of the Charter of the City of Miami, Chapter 108470 Special Laws of Florida, 1924, as amended, there shall be issued DuplicateBonds of the City of Miami, Florida similar to the Original Bonds to the fullest extent feasible, in the principal amount of Ten to r Thousand Dollars ($10,000)0 consisting of certificates number 195 and 199, designated "City of Miami, Florida Housing Bond," } bearing interest at the rate of 11.25% per annum, payable semiannually in each year and stated to mature on August 1, 1994. i The Duplicate Bonds shall be deemed to vest in the,: holder t the same rights, privileges, benefits and immunities and to be :.; subject to the same limitations, requirements and conditions, as i the Original Bonds. 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 to be printed and delivered to the City Commission for execution, pursuant to the provisions of said Resolution authorizing the issuance of the Original Bonds, by the manual signature of the City Clerk, the facsimile signature of }Yx: 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 are in proper form and has been duly executed, the".Drectpr of Finance shall cause the Duplicate Bonds 04ith"counterparts of the Indemnity Bond and the Affidavit and a s certified copy of this Resolution) to be delivered to CNVOinai ntir 4 i Y Bank, for their delivery to said L F, Rothschild, uaterpers h,r Towbin Inc. Y M • ! a i rNAsti r. 441, Section 4. Vpon delivery of the Duplicate Bonds executed as AM herein provided, the original Bonds shall be null and void and no longer an obligation of the City of Miami, Florida. if the ,. original Bonds shall be found or otherwise come into the custody THE AETNA 0A8UALTV-AN12-4UItETVi 60fl PANIVf -- Hr�flerd, CerMefiedl Ob1is • UM&CASUALlY BM No. 001 S 100403144 BCA O U P L I C A T E SOLE_ OBLIGOR INDEMNITY .BOND s- KNOW ALL MEN BY THESE PRESENTS, THE &1'hiA CASUALTY AND SURETY COMPANY, £t. a cotporatibn duly authorised to transact the business of indemnity and suretyship in the State of New York and all other States in the United States of America, having an office and principal place of business in the City of New York at 151 William Street as Obligor (hereinafter called the "Obligor") is held and firmly bound Tinto CITY OF MAW, PIOPIM and CHEMICAL BANK and all such individuals, firms and corporations as may now or hereafter be acting as Transfer Agent(s), Registrar(a), Redemption Agent(e),-:Depoaitary(ies), Trustees) or Fiscal, Paying, Distributing or Disbursing Agent or in any other capacity in <; respect of the below -mentioned securities and their respective legal representatives, successors and assigns (hereinafter collectively called the"Obligees), in an aggregate sum, payable in lawful money of the United States, sufficient to indemnify the Obligees under the conditions of this bond as hereinafter set forth, not to. exceed, however, the maximum amount of risk which may legally be assumed by the Obligor under any law governing the validity or performance of•this bond, said sum r to be paid to the obligees, and each of them, as interest may appear;-forwhich r° payment well and truly to be made, the Obligor does bind itself, and itexsuccessors and assigns, firmly by these presents. SEALED with the seal of the Obligor and executed in several counterparta, this 13th day of :February ,'19 89 WHEREAS, the Obligor represents to the Obligees that ; U�H'ERBE1bG T+O�WBIN INC. is/are the sole and unqualified oii'er�( ♦ , r 10M Miami City of Florida Housing Bonds dated 8/1/81, 11 1/4% Due 8/l/94 Bond No. 195 199 5M each with 2 1 87 Coupon attached (such security or securities being hereinafter called the "originals"); that'°the originals have been lost, destroyed, seised or stolen so that the same cannot be found or produced; and i WHEREAS, the Obligees, in reliance upon said representations and in considers- tion of this bond of indemnity and at the request of the Obligor are willing to issue, _ and deliver new or duplicate instruments or to make any payment, including the payment: of accumulated dividends, or to deliver whatever else is called for by or is now a exchangeable for the originals, in the place and stead of the originals, upon the execution and delivery of this bond, unless the originals shall be found before payment j is made or the new or duplicate instruments are delivered; Y � NOW, THEREFORE, the conditions of this obligation are such that, if the said Obligor, its successors or assigns or any of them, shall in case the originals be fount for come into the hands, custody or power of any person, deliver or cause the$ame;to= } be delivered unto the Obligees -in order to be cat}celled, and shall at all tits 3 indemnify and keep indemnified and save harmless the Obligees, and each of them, fret i 1'S iy � r aS" _ page k - •}}kyy ' F.tit'A'1 K. and against any and all claims, actions and suits, whether groundless of otherwise, and free and against any and all losses, damages, judgments, costs, +charges, counsel fees, paymetits, expenses and liabilities whatsoever, which the Obligees, nt any of then; at any time shall or may sustain or incur (1) by town of said issue and delivery of such new or, duplicate instruments, or the making of any paymo-ttit, Including the payment of accumulated dividends, or the delivering of whatever else is called for by or is now exchangeable for the originals without surrender thereof, or (2) by reason of any claim which may be made in respect of the originals, or (3) by reason of any payment, transfer, exchange, delivery or other act which said Obligees, or any of them, may make or do in respect of the originals or the new or duplicate instruments, whether made or done through accident, oversight or neglect, or whether made or done upon presentation thereof without contesting, inquiring into or litigating the propriety of such payment, transfer, exchange or other act, or (e) by reason of any other matter or thing arising out of the recognition of the aforesaid request of the Obligor, then this obligation shall be void; otherwise shall remain in full force and effect. a It is understood and agreed that after the new or duplicate instruments shall havebeen issued or delivered, in case.the originals shall be found by anyone, -as , evidenced by the presentation of appurtenant coupons.or otherwise, then. this bond may be immediately enforced. This bond shall be deemed a continuing obligation and successive recoveries may be had thereon for the various matters in respect of. which .the obligees or any ofthem, shall from time to time become entitled as aforesaid to be indemnified. It is understood that the obligation hereby created in favorof any Agest: shall' not be affected by the termination of its Agency. t TEE RMA CASUALTY AND SURETY COMPANY Obligor By: tG'v C.M. kaiino, Attorney -in - et t a. y t A z t a t . calua11' a Stiffly 1bl WiN�airn Slr+eiet }� iMiw >ron Cdt\ "#* Tdw1k 10036 AR1r16AVIT (TO Sftd"PaR1 UPPUMd t fait L06t fiOMMIaa bmd) STATR•.....•. ................ a.............................. caumvf1`iKN.N..•lN.T\C.N,Sri.•iii..l.i1.INY.NNN....IN.NN...«NNNN MYi• Low AN Was 1kr Thom be Ut........NN. IR7WI► WAY..2..MAW AA....N... .NN.N....N/N.N1NNfNNNN/hYiiiilNlNiK{iN R.T.i. L.1:. 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Its respective transfer agents and ................Same.. as Resists and its and their successor, and assigns harmlew agalnat any ins or damage awtaiasd by reason at the imm 3' of amb new or dupiicatae mcwitim or the refusal to snake trader at the lost securitiesg it is uodemtood that the ward "securities" mentionod bereia shall moan one or more thaw ens partkular bwbv sat w decummt as Am dwaMod. and sw�or» to betare are this i' C.. i�bsd ' ...N/... ..N19V j0N.IN«.1 INN NNN ! rTH. N{NU! \ ffNNoff. 1NMf�M•}R}1•}1}1E�N� t 7 • .,N.f...N.N..lH NfNi1. ..• fNN.N•i}Nif 1. f...i.111.N.lr1!!NN»..»lrNNi+.«,Nr•fr} i f1'. f Y� vi �•. AMC,AN1 in•� �f L •�Rl�ri AStMe of flow York }gt 9dllfl n :K1nP Ginty a•. ! S .. aR't1U�}f M +�! VWk d,." a }. d4npelitQit iie'i �11 bR r CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANbUM