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HomeMy WebLinkAboutR-84-1147I RESOLUTION NO. 84�iI47 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN STREET AND HIGHWAY IMPROVEMENT BONDS OF 1978 IN THE PRINCIPAL AMOUNT OF TEN THOUSAND DOLLARS ($10,000) TO REPLACE 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 examined an affidavit sworn and subscribed to before a notary public on April 9, 1983 by Larry G. Tritsch, stating that (i) he is the sole and absolute owner of the Ten Thousand Dollars ($10,000) principal amount of City of Miami, Florida Street and Highway Improvement Bonds of 1978, bearing 5.90% interest, maturing December 1, 1992, numbered 689 and 695, with the June 1, 1983 interest coupon and subsequent coupons attached (herein called the "Original Bonds"); (ii) the Original Bonds were either misplaced or stolen from his home in Florida; (iii) said Larry G. Tritsch 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 or subjected to any hypothecation, lien or pledge, or in any other manner disposed of by or on behalf of said Larry G. Tritsch; (v) the affidavit'is made for the purpose of inducing The City of Miami, Florida (the "City") and Chemical Bank, as Paying Agent, to refuse to honor the Original Bonds should they be presented } c s8 V' kAl 4 vy 3 M A. v2- by anyone other than said Larry G. Tritsch, and to issue re- placement Bonds in substitution for the Original Bonds; (b) the City Commission has received and caused to be examined one counterpart of a sole Obligor Open Penalty Indemnity Bond, Bond No. 9630664 (herein called the "Indemnity Bond"), executed April 19, 1983 by Fidelity and Deposit Company of Maryland, pursuant to which Fidelity and Deposit Company of Maryland is firmly bound unto Pan American Bank of Miami, the City, Chemical Bank, and any other parties vested with powers or duties respecting the Original Bonds or the Duplicate Bonds (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; in case any litigation shall be instituted in any way related to the Obligees with regard to the issuance of the Duplicate Bonds, Fidelity and Deposit Company of Maryland will be re- sponsible for such litigation on behalf of the Obligees, and in any event will pay all costs and counsel's fees connected with such litigation, and will indemnify the Obligees as otherwise provided in the Indemnity Bond, which shall remain in full force and effect until the Original Bonds are returned to the City and are cancelled. Section 2. For the purpose of providing bonds in substitu- tion for the'Original Bonds under the authority of the Charter of the City of Miami, Chapter 10847, Special Laws of `Florida, 1925, as amended, and Resolution No. 78-660, adoptedOctober 24, 1978, authorizing the issuance of $17,375,000 Street'° -an& }t - 1 � Cuf* 'T.2 (1. a t-5 t al i3 . Highway Improvement Bonds, the Original Bonds constituting a part thereof, there shall be issued bonds of the City of Miami, Florida, similar to the Original Bonds to the fullest extent feasible, in the aggregate principal amount of Ten Thousand Dollars ($10,000), consisting of two bonds of the denominations of $5,000 each, numbered 689 and 695, desig- nated "Street and Highway Improvement Bonds of 1978," dated as of the lst day of December, 1978, with the June 11 1983 coupon and subsequent coupons attached to each bond, bearing interest at the rate of 5.90% per annum, payable semi - on June 1 and December 1 in each year and stated to mature, without option of prior redemption, on December 1, 1992. Such bonds, being designated in this resolution the "Duplicate Bonds," shall be issued in bearer form, and shall be delivered with the June 1, 1983 coupon and subsequent coupons attached. The Duplicate Bonds shall be deemed to vest in the holders the same rights, privileges, benefits and immunities and to be subject to the same limitations, requirements and conditions, as the Original Bonds. Section 3. 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 the Mayor, and the facsimile seal of the City. `Y The interest coupons to be attached to the bonds shall be !ruy *rye o^ { S Y �A a a y! A% a R G : =4- executed with the facsimile signature of the City Clerk. 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 have been duly executed, the Director of Finance shall cause the Duplicate Bonds (with counterparts of the Indemnity Bond and the affidavits and a certified copy of this Resolution) to be delivered to Chemical Bank for their delivery to said Larry G. Tritsch. Section 4. Upon the delivery of the Duplicate Bonds executed as herein provided, the Original Bonds shall be null and void and no longer obligations of The City of Miami, Florida. If the Original Bonds 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 to be cancelled, 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, Fidelity and Deposit Company of Maryland and the Paying Agents of the City respect- ing such issue of bonds. Section S. All costs and expenses incurred by the City in connection with the issuance of the Duplicate Bonds shall ; be charged and collected by the City from the owner of the Original Bonds. Larry G. Tritsch. Section 6.' This Resolution shell be in effect immediately upon its adoption, h iY K�4 t� • si t h� 1 ]4_ a `s PASSED AND ADOPTED this 10th day of October 198, ATTEST: E=H G. ONGIEr CITY CL PREPARED AND APPROVED BY: BERT F. CLARK DEPUTY CITY ATTORNEY AS CITY ATTORNEY AND CORRECTNESS: Maurice A. Ferre MAURICE A. FERRE M A Y 0 R r.N I A $ OF FLORIDA CY OF BROWARD .4; F. T. Johnson, County Administrator, in and for the aforesaid State i 1 County, and being designated as custodian of the Official Records said County, do hereby certify that MARILYN TONGAY ,)se name is signed to the foregoing acknowledgment of proof, is a NOTARY ILIC in and for said State and County, duly commissioned and sworn and j tlified to act..as such Notary Public and was at the time of taking such .nowledgment or proof authorized by the laws of Florida to take nowledgments of deeds and other instruments in writing; and further t the signature thereto purporting to be his or hers, I verily believe be the genuine handwriting of such NOTARY PUBLIC. Witness my hand and seal this 20th day of April , 19-0- F.T. Johnson, Coupty Administrator B ) I Deputy Clerk C, 7 84--114'7 tit. fi tf,ifl ` . STATE OF COLIgTY OF 1,'the undersigned ARR 1 G / being duly sworn, depose and say: �Ys— / 1 AI 1 I am of legal age and reside at I Y A. in the County ofA 2 E , State of F;1 On or about the _12 E: Ci. d ay of , 19 (hereinafter called the Securities) more particularly described'as certain securities Miami City Florida 5.90% Street & giglvay improvement Bonds of 12-1-18 due 12-1-92 in the amount of $5000 (bearer form) Bond Nos. 689 & 695 lost with the 6-1—�;3 & SCA registered in the name of (Indicate if in bearer form.) -� were lost, stolen or destroyed under the following circumstances: (Describe clearly and in detail the circumstances under which the Securities were lost' stolen or destroyed, the place where they were last (mown to have been located, and the efforts made to recover them.) -�I Except as stated above, I have no knowledge or information as to the whereabouts of the Securities. I ME _— The sole and absolute owner of the Securities is (Indicate by a which of the following is applicable, and, if "B" or "C", insert the required information.) (A) the undersigned. , O(B) _ , a Corporation duly organized under the laws of the State of , having its principal office j at and I am an executive officer, to -wit, the of said Corporation and duly authorized by said Corporation to make this affidavit. - _ O(C) , a co -partnership "— doing business under said name, having its principal office at and I am a general partner of said firm. {1 Except as hereinafter specifically stated, neither the Securities nor any of the rights represented thereby have ►." been sold, assigned, endorsed, transferred or deposited under any agreement or subjected to any hypothecation, F' 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 has 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 'r{. has any right, tide, claim, equity at interest in at to the Securities at any of the rights represented thereby. 1 p (Describe folly my exceptions to the foregoing) i; a This affidavit Is made for the purpose of inducing Miami city and Chemical Bank NewYorkTrust Company, as Paying Agent , (1) to refuse to boner the Securities should,, they be presented by anyone other than said owner for transfer, payment, exchange or otherwise, and (2) to issue replacement securities is lieu thereof or to make the transfer, payment, delivery or excbange to wbicb said owner fi would be entitled upon the surrender of the Securities. Subscribed and sworn to before me on the. day of, 19. off0mox L ....X %—•w PU9lK S1p1E :v t 11 lye (Seal) -f 7�Mjf 1'•,..18i��.� M� �..� N...•M'� 7y �..Hw �1'1i V.a..• 't.' hly Commission expires on , 19 .Mvi1/� I f .., �.• r (This affidavit vast be subscribed and swum to before a Notary Public a other officer gaallkd to adadaister oatbs. $uch Notary Public ,(9t otJW officer) Iwo affix his seal of office wad #face tfie sacs. P F if any, on wbicb We corals" expires., if executed outside due Scow of New York, a CDOty ma's � Certificate (a otbec competent autbesticscioa) te►idiegeiag due autbority of the Koury Public (err 9dwa officer) to arc must to attacbed to cock cowaterpact of this affidavit. fl as"aril y D 0 Co"ift that baps "Wnt so Water Street New Work, N.Y. 10041 INDEMNITY BOND IMPORTANT INSTRUCTIONS 1. The Surety Company executing this Bond must be one of the standard companies, authorited 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 authorised 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 or officers executing this Bond on behalf of the.Surety Company must be shown by a copy of the by -taws, resolutions or similar authorisation, certified by the Secretary or an Assistant Secretary of the Sure- ty 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 exe- cuting this Bond on behalf of the Principal must be shown 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 neoesssary 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. 3. An affidavit establishing ownership of the lost, stolen or destroyed security and setting forth in detail the facts and arcumstanoa of the low, theft or destruction should be attached to each counterpart of this Bond, unless previously furnished. <w�r t tct�;&J e.nk. IN« Yak. op(M fthritf *AWMMP 11ees . INDEMITY BOND IV jCfWty all i s IA- t#rfir frtstftto. that, NOW ..-`...`..... !`^.!K.�^- ........ ?..•..".4 ...... tt--F.I„;-J .........A.Y.7-................................................................ (t+ive complete addrew) ........................................................................................ .... as Principal (hereinafter called the Principal), and ..!!.. 1....................................................................... ........................................................................................................... duly authorized to transact the business of Indemnity and suretyship in the State of New York, and having an office and pr nc}'paI place of business In The City of New York at........ . J.. t ��t�...�!..Yesit�..R.....�Ov3�.......................... as Surety, (the Principal and said Surety being hereinafter collectively sometimes called the Obligors) areheld and firmly bound unto............................................................................ ........................................................ .iami„Cit�►�„Pan American Bank of Miami and Chemical Bank .............................. ............................................................................................................................................................................................ .. and unto all such Individuals, firms and corporations, as now or hereafter may be acting as Trustee, posiDetary, Fiscal or Paying Agent, Registrar, Transfer Agent or in anyother capacity in respect of the security or securities mentioned below, their respective legal representatives, successors and assigns (here- inafter collectively called the Obligees), in an aggregate sumsufficientsucient to indemnify the Obligees and each of them in caof 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 Obliges and each of them, as their respective interests may appear, in lawful money of the United States of America, for which payment well and truly to be made the Obligors do bind them- selves and each of their heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. n SEALED with the seals of the Obligors and dated this ... LU... day of .............. A. ............. 19.1 WHEREAS the Obligors represent that the Principal is the sole and absolute owner of ........................ ,diem, CtY„ Florid$„ 5.90x„ Street & Highyay, Improvement Bonds„ of ,12--78 ... .. In the amount of $SOOObearer form) Bond Nos. 689 & 695 lost with the 6-1-83 6 SCA .............................................................................................................................................................................................. and all rights represented thereby (such security or securities being hereinafter called the Originals) and ' w that the riginals 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 considera- tion of the execution and delivery of this Bond, the Obligees are willing to issue and deliver to the Principal or upon the Princes order a new instrument or instruments in place of the Originals or to make a pay - went, credit, tmns[er, 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 IS SUCH that if the Obligors, their heirs, legal representatives, successors and assigns shall forever defend, indemnify and hold f 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, costs 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 "y 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 ooasequenee of any claim which may be made in respect of the Originals, or the issuance or delivery or refusal to issue or deliver, a new instrument or instruments to any person or persons presenting or , _ surrendering the Originals, or the issuance or delivery of a new instrument or instruments in place of the Originals as aforesaid. or otherwise, without requiring the presentation or surrender thereof, or the making of a payment, credit, transfer, registration, exchange or delivery upon or in 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 Originals or of the new instrument or; instruments issued in place thereof, whether or not caused by, based upon or arising out of inadvertence,. -- accident, oversight, neglect or otherwise on the part of Obligees or any of them or on the part of an H - officer. agent, clerk or employee of the Obligees or any of them, and whether or not any act or refusal to act, 84-1147 #` LIIse.—SON, SW 21" 5 3 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Flan nelal Canl"flen AS OF JUNE 50, 1982 The • D tonlparlles ASSETS *Bonds ........................................................ $W,593,973 'Stocks ........................................................ 95,423,343 Real Estate ..................................................... 3,051,568 Cash in Banks and Offices ........................................ 2,782,651 Premiums in Course of Collection (less than 90 days old) ............... 12,761,299 Reinsurance and Other Accounts Receivable ......................... 3.219,657 TOTAL ADMITTED AssETS........................................ $205,832,492 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums ................................... $70,654,280 Reserve for Claims and Claim Expenses ............................. 39,593,309 Reserve for Taxes and Expenses .. .. .............................. 3,095,608 Miscellaneous Reserves and other Liabilities ......................... 7,241,645 TnTAt_ LIARILITIFS............................................. $120,584,844 Capital Stock, Paid Up ............................. $5,000,000 Sur lus ...................... 80,247,648 p 85,247,648 Surplus as Regards •Policyholders ................................... TOTAL ....................................................... $205,832,492 Securities carried at $3,747,563.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, 1982 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $187,677,970. and surplus as regards policyholders $67,093,126. I, WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPostT 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. 1982. according to the best of my information, knowledge and belief. ....... W1111am R Amos .................................. Treasurer STATE OF MARYLAND ) SS: CITY OF BALTIMORE ) Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this 30th day of July, 1982. Notarid seat ............................. Stphanie A. Mason ............. Notary Public My commision expires July 1, 1986 84-1147 • SURETY COMPANY ACKNOWLEDOMNT STATE OF NEW YO9K) COUNTY OF NASSAU ) On the T"u day .of , , before me personally came William $ aar, Jr. , to m- e-known,W o being by me duly sworn# did depose an say, tat she resides at Nutley , State of New Jersey , that (s)he is Attorney -in -Fact of the 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 said instrument is such corporate seal; that it was so affixed -by order of the -Board of Directors of said corporation, and that (s)he signed his name thereto by like order; and that the Fidelity acid `Deposit Company of Maryland is duly authorized to transact business in the State of New York in pursuance of the statutes in such case made.and_provided; that the Superintendent of Insurance of the State of New -York has, pursuant to Chapter 28 of the Consolidate Laws of the State of New York; known as the Insurance Lawr issuad to the Fidelity and Deposit Company of Maryland a Certificate of Solvency and of qualification to become surety or guarantor on all bonds, undertakings, recognizances, guaranties and other obligations required or permitted by law; and that such certificate has not been revoked. i NOTAR PUBL C {� F RONALU t. hilr9bMIKU State of Now CORPORATION ACKNOWLEDGMENT OF PRINCIPAL No" No � M York"ffw in NUM C4(ft _. Comm EIWM UlMh 30, 1IFY 1 STATE OF COUNTY OF ) On the day of , in the year before me personally came to me known, who, being by me duly sworn, did depose and say: tat(s)he resides in , that he is the of the ; the corporation described in an w ich execut the a ove instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was - so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC 84F-114'7 147 . Power of AMorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOW OR" smng.". Me. KNOW ALL Mart By `i'suz Pnsl3NTs: That the PwaLITY AND Dapostr COUPANy of MAayf arm, a corpora - don of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. 90131=3 . Assistant Secretary, in pursuance of authority granted by Article All, Section 2, of the By-I-aws of said Com- Wf , which raids is follows: Sad. Z ire Prseident, or any Executive Via -President, or any of the Senior Vice -Presidents or Vice -Presidents specially author- Led so to do by the Board of Directon or by the Executive Committee, shall have power. by and with the eonerureace d the 5ee�r+e- tary oranyy one of the Asdsaeat Sea+rtaria, to appoint Resident Vice -Presidents, tisiKant Vice-Peeddenb and Attorneys•in•Fact u the businsra of the Company may tequ�, or to authariae eery person �r persons to e�oecute oa behalf of the CompenY anY bonds, undertal3nrr, reoogaisances, stipuladoos, polidee, contracts, aireanents, deeds, and releases and asei`n�b of 3ud�atb, decreer, and instruments lire the nature 000[tt tnortppr..nd aUo all other instruments and documents which the budnar of the Com- pmY �Y taq�rs, and to aHi:t the seal of the Company thereto. does hereby nominate, constitute and appoint William Spaar, Jr. Robert J. Frey, Renee G. Bassell and Lisa A. Pollera, all of New York, New York, EACH ....... 0OAA-L-_ e an a ul agent and Attorney -in Fact, to make, execute, seal -and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ................. ANZI the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of. the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of William Spaar, Jr., stall dated, June 3, 1981. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in fora. IN Wrmus WssasoF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said Fm$Lrry AND DEPOSIT COMPANY OF MARYLAND, this ...................ZUb,.... ............. .............. day of ...... ............... AP.rU........... ................. A.D. 19.62.... FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: a SEAL............ . (!� . ..................... y.................. Ass;.t,:+u SscrMary B » Via -President r STATz oe► MAztt.Arm ` as: Cni or Bret, os,z J On this �'tsli day of April , A.D. 1982 before the subscriber, a Notary Public of the State of Maryland, to and for the City of Baltimore, duly commisaoned and qualibed, came the above -named Via-Proddeat and Assistant Of the FmzuTIr AND Dsaosrt CoarlArrtr o1 MAMA". to me y known to be the individuals and o6oers deKKW is and w executed the preceding instrument,, and they each acknowledged tb e:aecution of the same, and being by me duly swore severally and each for homed f deposeth and pith •�-• they are the said rRoers of the Company aforesaid, and that the seal i& d to the preceding instrument is the Corporate Seal or said Company, and wat the said Corporate Seal and their signatures; as such odioers wens duty atTrxed and subscribed to the said instrument by the authority and direction of the said Corporation. In Tza moxT Weszzwr, I have hereunto set my hand and afiiure i my Official Seal, at the City of Baltimore. the day and yeu Ent above written. w+ • Notary Public C mmission I.. CERTIFICATE I. the undandgned. Assistant Secretary of the Fina�.-*r AYD Dssosar CowPAxv or MAzn.A w, do hereby ea rdfy that the original Power Att of oraeY of v":b the foregoing L a full, true and eorreet copy. is In full force and effect on the date of this certificate; and I do furtbar, ardf ► that the Vic�Pr"deat who ext sated •he ss� ! owcr of Attorney was one of the additional Via-Peasidenb sps- eisUy the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section Z of the By -Laws of the Fmst t�t Axn CoatrAxr of MAMA= This Csetibcate may be signed by _facsimile under and by authority Of the following resolution of the Bond of Directors of the Fwztart Aare Dzrosm Caaiimm or MAzttAtra at a meetino duly called and held on the 16th day of July, 19M. Rzmmm: '"that the facsimile or mechanically reproduced signature of any Assistant S.-Q=tary of the Company, whether made berstafore or hereafter whsrsver appearing upon a certified copy of any power of atto�rneeyy issued by the Company, shall be valid and binding upon the t Zpany with the same force and effect as though manually afxed.11 In Tsnmmv Wnzuw. I have hereunto subscribed my name and anured the corporate neap of the said Company, this i st-11 day of April . I9.83.- 84-1147 wascrt.—tM, u-st 2t#m—112-7077 FOR )'OL'R YROTEL"1'M LOOK I -OR T11F. F,, lD \\'X1'1:101.11tK 84-wII47 which the Obll or an ofitem may or m not make do of omit, #e 'ade lone t tted rwithou previous inquiry into or any of the propriety of any such act or refusal to act, then this oobliption shAll bevoid; otherwise it shall remain in full force and effect. This Rond shall be deemed a continuing obligation and successive recoveries may be had hereon for the various rnat*% in respect of which the Obligees or any of them shall become entitled to be indemnified. The Obligors agree that in 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 triable the Obligees to purchase in the open market a security or securities equivalent to the Originals. The Principal 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 dis- cretion 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 seen a 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) ....... (A. ..... ............ .......... ..........................(L. S.) 4 / Principal (Partnership).......................................................... ...................................... Principal by................................................A.(,eeeril .P��..... (L. S.) (Corporation)................................................................................................ Attest: Principal ................................................. I.......�.. ................ by............................................................President .................. ury 'tM- AM D!iNSIS CM An' Ot KARU ASD Attest:............................................................................................. S........................................................ .......................... by ...........1'! .. t'�N!'.... WA ................. Secretary o wttoratily-�n-yaat STATE OF.......�. � ................ r.a.�awi COUNTY OF. ...... ..Ia..................................... On this ............. .�...1..`{: t.....day of........ LIrf-31 ....19.g.-�. before me personally appeared ..............................`sl......T,n.i..�.��.,..........,............................................................................................, to me known and known to me to be the individual described in and who executed the foregoing instru- anent, and ........he duly acknowledged to me that ........he executed the same. Wift 1147 �,otxlrr ouful rtY� 1� �.� .. .... 84--... `�-.yam • �•wr.uvu►+.wru�r. �+r+u..:n�.!l�is..i11`4i�:i.+..::.) c.,� 84-PIL147 ATM+gip ................... t...................... 'COU or ........................................... m.: g �, • On this..............................day of ................ :........................... 19......... before me personally appeared not....i;................................................................................................................. to me known and known to me tobe a member of the f nn 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. I STATEOF ................................................ ss.: COUNTY OF ............................................ CW"Md" On this................................day of ............................................ 19......... before me personally appeared Aetnewby Mat.................................................................................................................................................................................... tome known, who, being by me duly sworn, did depose and say: that he resides at ............................... .,,......................................................................................in the City of.................................................................I Stateof ......................................................; that he is the ................................................................................ of .................................................................................................................................................................................... the corporation described in and which executed the foregoing instrument; that he 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 he signed his name thereto by like order. STATE OF ................................................. ss.. COUNTY OF ............................................ s••er On this..............................day of .................................................. 19......... before me personally appeared Con~ acknvw%ft..................................................................................................................................................................................... to me known, who being by me duly sworn, did depose and say: that he resides at................................ ..........................................................................................in the City of................................................................, Stateof .......................................................; that he is the .............................................................................. of .................................................................................................................................................................................... .. the corporation described in and which executed the .............................................................................. foregoing instrument; that he knows the corporate 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; that he signed his name thereto by like order; and that the liabilities of said corporation do not exceed its araets as ascertained in the manner provided by law. Andsaid.....................................................................................................................................................I........ furthersaid that he is acquainted with.............................................................................................................. ....................................................................and knows him to be the .................................................................... of said corporat ion; that the signature of said............................................................................................... subscribed to said instrument is in the genuine handwriting of said............................................................ and was there to subscribed by the order of said Board of Directors. ........................................................................................ 84-114'7 .i' 1 R } Jw: �x t• Cl" OF MIAMI, FLORIDA INTRO -OFFICE MEMORANDUM r ro: Howard V. Gary CAT[: August 3, 1984 fnLt: City Manager SUSACT: Agenda Item P ARCM: Carlos E . Garcia REFER[NC[f: Director of Fi na ENCLofuREf: #J It is recommended that the attached resolution authorizing the execution and delivery of certain street and highway improvement bonds of 1978 in the princi- pal amount of ten thousand dollars to replace lost bonds be adopted by the City Commission. Mr. Larry G. Tritsch, has provided to the City a sworn affidavit to the effect that he is the owner of $10,000 principal amount of the City of Miami Street and Highway improvement bonds of 1978 and that such bonds have been misplaced, or stolen from his home. An indemnity bond from Fidelity and Deposit Company of Maryland has been posted in an aggregate amount sufficient to indemnify the City in case any litigation is instituted in any way related to the issue of these duplicate bonds. s The City's bond counsel, Brown wood Ivey Mitchell and Petty, has examined these documents and find them in order. The costs of issuing the duplicate bonds will be born by the bond holder. 1. cc: Law Department {; •4 N J