HomeMy WebLinkAboutReso 1990-603 - Approving Replacement of Lost Registered Bond r i
RESOLUTION NO. 90-(v03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE REPLACEMENT OF THE FOLLOWING LOST REGISTERED
BOND:
CERTIFICATE NO. R394, $5,000.00 PRINCIPAL AMOUNT,
REDDING CALIFORNIA IMPROVEMENT BOND ACT 1915 SAVI
ASSESSMENT DISTRICT 88-4 AT 7.750% DUE 9/01/2006,
R/N/O WESLEY D. VANDERPOOL JR. AND MARY D.
VANDERPOOL, NT NROS;
AND AUTHORIZING THE CITY TREASURER TO SIGN ALL NECESSARY
DOCUMENTATION TO COMPLETE SAID REPLACEMENT.
WHEREAS, the City Treasurer has received a request from Bankers
Trust Company of California, San Francisco, California, to replace
the above-mentioned lost Registered Bond; and
WHEREAS, as required by law, Bankers Trust Company of California
has furnished the City of Redding with Seaboard Surety Company Sole
Obligor Bond with Unlimited Liability numbered 778283-1718 , a copy of
which is attached hereto and incorporated herein by reference; and
WHEREAS, in order to complete the replacement of the lost Bond,
IT IS HEREBY RESOLVED by the City Council of the City of Redding as
follows:
1 . That the City Treasurer be and hereby is authorized and
directed to sign all necessary documentation on behalf of the City of
Redding in order to complete the replacement of the lost Registered
Bond, as more particularly set forth above.
2 . That the Bond owners must pay the costs of issuance of the
replacement Bond.
• •
3 . That the City Clerk is hereby authorized and directed to
attest the signature of the City Treasurer, and to impress the
official seal of the City of Redding on the aforesaid documentation,
when appropriate.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a special meeting of the City Council of the City of
Redding on the 17th day of December, 1990 , and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Buffum
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Vice Mayor
City of Redding
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM •PROVED:
RANDALL A. HAYS, City Attorney
•
._,+Ma0 v.:,,.n..4 :`i.,.»,;k.; r _.__..,c»:.._, fi.,'r:; .cj. u.,y:J:;t:r=er ,,`_7. r' ._r.`ui" n:::-s: z,
S
•
4 ; • SOLE OBLIGOR BONG
WITH UNLIMITED LIABILITY f.
KNOW ALL MEN BY THESE PRESENTS, THAT
'` SEABOARD SURETY COMPANY,a corporation organized and existing under and by virtue of the laws of the State C.0
of New York and duly authorized to transact the business of indemnity and suretyship in the States of New York and "l"
all States in the United States of America, and having an office and principal place of business in New York State at i;;,;
88 Pine Street, New York, New York as Obligor (hereinafter called "Obligor"), is held firmly bound unto '''44
TA
Bankers Trust Company of California :
N
Bank of California
till City cf Redding, California' ;`
it:individually and/or as Trustee, Depositary, Fiscal, Paying or Disbursing Agent, Registrar and/or Transfer Agent, and unto `
r ( any other Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registrars and/or Transfer Agents now f
or hereafter vested with any powers or duties with respect to the security or securities hereinafter mentioned, their respective c`
• legal representatives, successors and assigns (hereinafter collectively called "Obligees"), in an aggregate sum, lawful money
of the United States of America, sufficient to indemnify the Obligees under the conditions of this bond as hereinafter set forth, v''
s�'-
jbut not exceeding the maximum amount for which Obligor may obligate itself on the date of this bond in respect of any one ',.
N' risk or hazard under any law governing the validity or performance of this bond,said sum to be paid to Obligees,their respec-
tive legal representatives, successors or assigns, as interest may appear;for which payment well and truly to be made Obligor '....er
binds its legal representatives, successors and assigns, jointly and severally, firmly by these presents. . .4s
t
‘41
SEALED with our seals and executed in 4 counterparts, as of the 10th -
day of September 19 90 •.I :
16.1
A.! boole
WHEREAS, Obligor represents to the Obligees that Saesley D. & nary D. VanderPool P
,�,� is the unqualified owner of Redding California :mprove:::er.t Bond Act 1015 Savi Assesorntnt K,:
; Destrict 88-4 at 7.75% due 9/1/2006; certificate number P394 for 5,000 ,, ;
principal amount of obnds registered in the name of Wesley D. Vanderpool Jr & {i �
tI
PMary D. VanderPool JT NROS.
(such security or securities being hereinafter called "original" or '-originals.), and that the same has/have been mislaid, lost, �:.
stolen or destroyed and cannot be found or produced, by virtue of which Obligor has requested Obligees to issue and deliver `
� a new or duplicate instrument or instruments (hereinafter sometimes called "duplicate" or "duplicates"), or to pay the `�),.
4 1amount due on said original or originals without surrender or presentation thereof for cancellation or stamping or for any ft•
other purpose; and
WHEREAS, on the faith of the foregoing representations and in consideration of this bond of indemnity, Obligees
I have complied or have agreed to comply with said requests;
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if Obligor, its legal represents' `
tives, successors or assigns or any of them, shall in case the original or originals be found or come into the hands, custody x `
or power of any of them, or into the hands, custody or power of any person, deliver or cause the same to be delivered unto +*}
Obligees in order to be cancelled, and shall also at all times defend, indemnify and save harmless Obligees from and against r
i any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, losses,
damages, costs, charges, counsel fees and other expenses of every nature and character by reason of the original or originals ;%s
and/or the issuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like r-,
issue and amount which because of alteration, change or counterfeit may not be identified as or as not the said mislaid, lost,
stolen or destroyed original or originals, or the making of any payment, credit, transfer, registration, conversion, exchange ";
or delivery in respect of the original or originals without surrender thereof and/or in respect of the duplicate or duplicates, 41.whether or not caused by, based upon or arising out of the honoring or refusing to honor the original or originals when ;i,'
presented by anyone, and/or whether or not caused by, based upon, or arising out of inadvertence, accident, oversight or ' :
neglect on the part of Obligees, or any of them, or their respective officers, agents, clerks, or employees and/or omission or
failure to inquire into, contest or litigate the right of any applicant to receive any payment, credit, transfer, registration, con, .
version, exchange, issue or delivery in respect of the original or originals and/or the duplicate or duplicates issued in lieu i` ''
thereof, and/or caused by, based upon or arising out of the release of any security or the satisfaction of any instrument or `
instruments under which the original or originals and/or duplicate or duplicates are issued or secured, and/or caused by,based :_
upon or arising out of any other matter or thing whatsoever,then this Obligation shall be void; otherwise shall remain in full fi
force and effect.
i ''
Obligor further agrees that if the mislaid, lost, stolen or destroyed original or originals be found or come into the
hands, custody or power of any person or into the hands, custody or power of the Obligees or any of them for any purpose
other than cancellation without reissue, Obligor will forthwith on demand obtain and deliver to the Obligees either such '-
original or originals or such duplicate or duplicates or will pay to the Obligees a sum of money sufficient to enable the
Obligees to purchase in the open market securities of the same issue and amount as the original or originals in form consti• v`1
tuting good delivery under the rules of the New York Stock Exchange.
In rase of any default under the conditions of this bond, Obligor waives and releases any and all right or claim i'','4''''
against Obligees, or any of them, whether by way of subrogation or otherwise, for any loss, expense or liability incurred by �
Obligor caused by, based upon, or arising out of the enforcement of this bond by the Obligees or by any of them" No in P .
accuracy in the description of the securities herein referred to as original or originals shall alter,modify or affect the obligation s't'_
of Obligor hereunder. g Via:
This bond shall be deemed to be a New York contract and shall be governed as to all matters whatsoever, whether "1t',
of validity, �':
interpretation, obligation, performance or otherwise, exclusively by the laws of the State of New York, and all .; :
questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered, f,„„,3,,,71
this bond shall be deemed to have been accepted by the Obligees in the State of New York. This bond shall be deemed a !
continuing obligation and successive recoveries may be had hereunder from time to time as the Obligees or any of them become
{ entitled thereto in accordance with the terms hereof. c^r
And Obligor hereby further agrees to furnish Obligees, without any expense to Obligees,a new Bond of Indemnity, y¢
which may differ from this Bond in amount or in any other respect, with satisfactory surety or sureties in case this obligation ,
should not aC any time for any reason in the opinion of Obligees afford sufficient protection. :N.—.
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SE RD TY COMPANY V:
V:
BE.iOOR
/i
-MA:I. LOs TTS • • ,'�
I I .
Mailed by: JOHN HANCr":'. CLEARING CORP ''DT;.
(Sender) 1 WORLD F1 •:-•TAL CENTER
Plaace
TOWER A, .i•00 L `- 3E RTY ST
A
NEW YORK NY 10 z.81 _.
Date of }
Marling: _ 7.-12-90 �:.h
Z Mailed to: t:•
W (Addressee)r -Zi...:,.:, WESLEY D VANDERPOOL:JR._& ,.
a. 6,1i el Cr,. , MARY D:VANDERPOOL
i 13871. PRUDYST •- , a
GARDEN` GLOVE .CA 92644 r ` '
Certificate or Bond , y, °
D No.(s)and Number of _U. ,
Shares or Principal 'tom
n Amount of Bonds R-0394 '- 5, OOU '
_ *-.
J and/or Coupons: s I.
S fti
Corporation . _ R DDI NG CALI .__:IMP-T.._$D ACT ..2.91.5_-SANTA._V-Y__IRR.-AS S
A_ALIT •a+ d 8 8-4••
u or suer:
.-.
3 DTD 5-29-90 7.750% DUE :9-2-24&6 '','4
Class of Stock or
Description of Issue: MUNICIPAL BIND ;I
Registered in .` ._ #, J
Name of: . WESLEY D AANDERPOOL JR & MANY D B ERPOOL JTWROSi 710,
If Endorsed, S`
indicate Here:
NO I ru..
. Y..- Van -• z,• `'a o• i > '^t r _ /�f''i.v2 : ,atg„.
STATE OF: NEW YORK”
COUNTY OF: NEW YORK " j
The undersigned, deponent, being first duly sworn, deposes and says that, in accordance with the records of the above named
Sender, the above described securities were forwarded by United;States Mail on the date specified in a postpaid envelope addressed to the
above named Addressee. The said Addressee has reported the non-delivery of the said securities. The securities have not been returned ' . ,
to the above named Sender and they are believed to have been lost or destroyed in the mails. .
}'f
::::fh in Deponent agrees on behalf of above named Sender that if the securities should ever come into then hands, custody or power,
deponent will immediately surrender the original securities for cancellation, �,—-- p i : =;
Indicate here whether deponent is v� ,.•r. w
an officer', gar ner or employee of Deponent's signature E, C`t. ;
Sender. .,( `' .A. WORLD FIN NC IAL*-CENT R,'r2 ' L iiTY(?. S I ."
`�n;= ENIPDOYEEaxitio: Deponent's address 0 r �S �,,�,.
TOWER A, NEW Y1�0K NY 10.
-fes�:Subscribedand sworn to before me this` . day of f ,_ !�r R' .,:
MIA PONCE !^ '�.`/ � G'� �. .°j f r �
Notary,Public; State of New York Notary Publl l / �"�� r ,k r
2r:-.4,4,04. ...No. 244959159 n. �, Ste,
Qualified in Kings County '''
Commission Expires Nov. 20. (Indicate'cite commission expires),
1991 +`, .,
STATE OF: y a,1'
C.,01 .1,,,, , iii,, •' �
COUNTYSOF: I \
0irC ''' ' l i t.,
Pte. i, :<!
The undersigned deponent(s), being first duly sworn depose(s) and say(s) that the above described securities have never been re- I Fri-; , '
ceived by the above named Addressee or any person or persons acting on (its) (his) (her) (their) behalf..
the above named Addressee) that if the securities should ever come into ts) (his)(her.)(their)custody or po oer,'deponent ent(s) (s) (on) ill ibmmedf of " 4r -,
c
ately notify the above named Sender and will surrender the original securities for cancellation.'::11-1Y, : ' ' j M1! .
pyo
If Addressee is a firm or corporation . , - + Deponentls) Signature(s) I k ..' .-f
indicate here whether officer, partner �;'1 tr fj
or employee. .. q V /�� /+
. . -.Deponeint(sl,address / L 7 J ''(a.f'r✓t�5� 34_44,—. b LA. L9-. I pf..„,f,.1
. . . .
. _
(lf_more than one addressee or - ••• j '
;� 1 9 a,„,,,,
registtired owner, all must sign) , :.. ., . :,,,,}4 �F:as
,r aY l'
- — .C•:t.4.ehad t•d elm.%.n-tra 6af.•aama+ �' 'I f' +'1 0117,,,.
OFFICIAL Obis i of � ' �r r,
CIALSEAL ,r •4 9. `19 :,,
SUSAN K. MORGAN �,� f i•• $F al
���'` ...r's^ -^Notary PubIIC-Caitfomla Notary Public 'L�d�i Li4 !�,.1•t�i. ' t. ,
' �' ORANGE COUNTY Mil ilk�;7+ .t, f : � a?tif
. My Commission E reg q(Indicate date commission expires) •1"y7
.lone 7. 19Y� a f :�.
652 6/ :Y>'