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HomeMy WebLinkAbout4.8 Replace Lost or Destroyed Bonds A G E N D A S T A T E M E N T City Council Meeting Date: September 28, 1987 SUBJECT Replacement of lost or destroyed bonds. EXHIBITS ATTACHED: Indemnification documents from ' the two securities firms requesting bond replacements. RECOMMENDATION :Review the attached documents and authorize $tzVFf to replace the lost or destroyed bonds. FINANCIAL STATEMENT Because the sureties have indemnified the City against loss from the replacement of these bonds, the .City will incur no cost from the replacement of these bonds. DESCRIPTION . . :Staff has been informed by two companies that specific Dublin Bonds of the Dublin San Ramon Road Specific Plan Improvement Assessment District have been lost, stolen, or destroyed. The Government Codes (section 53461 et. al. ) enumerate the process for issuing a replace bond. Basically the City must : 1. obtain competent . proof that the bends are lost or destroyed, and 2. the owner must indemnify the Council against loss incurred on account of this replacement. Staff has obtained the necessary documents to allow the Council to issue replacement brands (the documents are attached for your review) . Staff recommends that the City Council direct staff to issue the following replacement bonds: TO OWNER REPLACES BOND INT AMOUNT Shearson Lehman Brother,, Inc. R163 8. 25% $10, 000 Midwest Securities Trust CO. R271 9% 10, 000 Midwest R107 7. 5% 25, 000 Midwest 11 R108 7. 5% 10, 000 Midwest Midwest �� R110 7. 5% 5, 000 R111 7. 5% 5 000 TOTAL L--- $65, 000 --_ COPIES TO ITEM NO____ _± '.r1G'r1w'�iinw:,Vf'.V-dl..:d14:n.PD41ufI.IV.::W:-..V... .urY.al.•l+uhwn'uFaz:r.w.:m::.+asHwsw+.HVauav':Vr:w:e..srrwrrcwvaw.wrna.r+-ra'vw•uwuw- ruaa .w zc'+a .wwa�ui...i..i xuwanaryawnwwlm.Y.r...+v ...n....r.ww. .. CHUBB GROUP OF INSURANCE COMPANIES CHUE3E3 100 William Street, New York, New York 10038-4568 • Cable: Chubbson 92738-1333-21523 September 17, 1987 City of Dublin P.O. Box 2340 Dublin, CA 94568 Attention: Phillip S. Molina Finance Director RE: $10, 000 CITY OF DUBLIN SAN RAMON RD SPEC PL IMPVT ASSMT DIS SER DTD 8/15/85 8. 25% DUE 7/2/90 NO. R163 N/O GARY SASAKI & D M SASAKI JT TEN Dear Mr. Molina: As the insurers of Shearson Lehman Brothers, Inc. , we are enclosing our bond of indemnity, executed in the required number of counterparts, together with a signed and guaranteed stock power, which we trust will enable the reissue of the above described security into the name of Shearson Lehman Brothers, Inc. When issued, will you kindly forward the new certificate direct to Shearson Lehman Brothers, Inc. , P.O. Box 590, Bowling Green Station, New York, N.Y. 10275, for the attention of Ada M. Garvin Lost Securities Department, 18th Floor. Yours very truly, FEDERAL INSURANCE COMPANY l (Miss a r' e ug es Registere l Loss Dept. MH/es encl. cc: Shearson Lehman Brothers, Inc. Your Ref: 3203793 r �- r r3t'.x4 �•¢I#af,rxk ti"y'r 1,h'arla " j;i. I ?,+ �7 t ,aN a^ .t' "�F IV dAf" e115' rw�•, lrk r^?`i "�s .0;r�` f `^ht 1 '�✓'�""�",). 1�` 1v }q. �nv. 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'•, ;. .-- :1 ✓ ri✓� r.�}5i+„a" y� S�.iC jai° � `'' v � �tT i fit+3i . s b i , _r �q �P.0 ffl"A' BROTHERS INC. i✓o _L Irrecable Stock or Bon /� ry 3 e •♦ /!�� �M Flt !�•T P 17 ° as n in O FOR VALUE RECEIVED,the undersigned NEW YOf:i�� N. Y• 10004. ==v does(do)hereby sell,assign,and transfer,ynto;.. c E CL r 1 1. D.^ . 13.-Z518466 Transferee's Social Security No. >y _mom y ;of the ;of the 3 c 0. x a o shares ; stock ' Company Cl)E°a Represented by a E V°m CD Certificate(s)No.(s)'!' - inclusive w m r Qccou x y of the V�°°iw O'—Y .. -.Principal amount Company w m m° _ iEoN mE a Represennted by'":[r T:.:c. ,- .•.:•,, ,. �, I°z of c m Bond(s)No.(s) inclusive O m g 3 Za c H:g standing n the name of the undersigned on the books of said company,and do hereby appoint SHEARSON LEHMAN BROTHERS INC. <W m= 9 9 Y PP r-w attorney to transfer the foregoing on the books of said Company,with full power of substitution in the premises: ¢¢ O¢C,5 THIS SPACE IS FOR OFFICE USE ONLY Account No. a0°m o 2 C) Date 523-07901-1-4-196 —�m=3 rn-mm L�:r �N E w 11131tUrle%i�is n=o�'� U'—h.. 1 rot tks ivi 17L1c s2": ._ - _'^ci r:.' Y � = 0.3 N. Law of taa '' Rea a 2 a fX07f=p!lG::i::..ti`�::j;'�:r _ .. :`=•. :C='1:'?Itij.�I a;;"� C7 . y`—°m N Ins�lca x �mmis7ios.Y s¢rr'C=_... uv,:3 n °ac E •.r`t_:c l�:Q rax SHEARSC-JIVRU V. 5T HERS INC. d o INC, BA Authoriz••sigAd 1'?Htori I fi 't 1 e ew °'d°- 313 d i:.t:+:,':':.e'er r.:'.:•. (AUTHC:3b�EM'gpo1 Q. H o m m 1` GTS!ZEO SIGry�i?UR WITH NEW YORK STOC. EXC ANGEL - t ' E C Y 1 �S r w,i :'+a'.:"fi�y,z t t '.a r v r fi r s• _ �`'i s�� a � ,( �'� x �l ,y:rj'w -�, S e a s i s i �/ �G _ + .. „•�."�1 :rash r a ?�}T�rr �'}r r-S7 t s} d �� K � x�f � r F � afi a r r ''!': 7 r .4 � e a% r Yy ..+ �r '`� `-'s rt r h T �� ?.t+•F't [�n � ,f r t .rt x h x e r a ti-- � '3wJ}h laSr4C�r s i t. —ak t u r �1 ;, ✓ y ) ry �, 0�4 a,1x .Y>> � FZ �`� irk. Kr g s17 s ` ra '•rwa, +t'J" i 7:J� J n _ i., j,,r t x r F ui�f}'r r-°`�' 4r, ,µ_ r r .0 i c r >sr. -✓r T `` 1JF..1°h .. � cat i+, rt ;tr r5 � �+i# -�,. � r nr� z t t4' - ''. rs r t G Y7 r a f t f r.G J6 r.Y• 1 T ;f r _ s t .I {+i i) '3 •�•v.•7i:`l it {!'%r. �7 - - t. We hereby WE HM-BY MVOCAUY CCU.SMA AND APPONT and _ _ .._....�. .... ...., are one and Owe si*.+. PmOn f eAfity. UUi2SUC5TT'L'TEi:.: :'.T•_'c�' :•E"'Tril:'tVAEDSTOCK ' V,roes rr4E fCS:.' - :C-SZ., A70,44EY WITH UKE SHEARS' A iE%V,lull .ZOTHiRs INC, FC,17i2 OF SUBS" .Y $;tE.%R 011 it._,INC. r,omMATUAE UUTHOR121140 RiUMUTICN9 "I.EQ /- Ey �!,,,�............. WITH ,« WORK STOCK EXCHANOIU AUT1;0s..ZED SIC.MT,URE (AUTHORIStnG P.ESCLUTIONS FILED - t WITH NEW YORK STOCK E.XHANGE) . {.dl....rtk:,rdslfnf7tiPiY:3.�n:a.k.+.Biwa.-r4.(f.w.v..+:;....:..A�.Y:1u?iS;bY]itrs^.•:t:6'Sr2i.+:stia.:°Wi•AV:stc:i3.uwwu.r'+wwi,.v;wron'xcnr:e:.wrascwax'aux¢uwsaw+aYC.+i6YAW:s.es::uua'uvanuMw:ay..Miu:micucsrp'wvvs•'iuxr..y.lkarrcvu:.-r;°.,..x.»:nx.;v... ,-.wt.. ..uw v 'II CHUBB .OUP of Insurance Cb panies C FHUiBE3 15 Mountain View Road, Warren, New Jersey 07060 • FEDERAL INSU'RANCE`COMPANY BOND NO. 21523 92738-1333 BOND OF INDEMNITY (OPEN PENALTY) KNOW ALL MEN BY THESE PRESENTS, that FEDERAL INSURANCE COMPANY a corporation duly organized and existing under and by virtue of the laws of the State of New Jersey and duly authorized to transact the business of Insurance in the State of New York and all other States in the United States of America and having an office and place of business in New York State at 100 William Street, New York, N.Y. 10038, and at 3200 Wilshire Blvd. , Los Angeles, California 90010, as Obligor (hereinafter called the "Obligor" is held and firmly bound unto CITY OF DUBLIN individually and/or as Trustee, Depositary, Fiscal, Paying or Disbursing Agent, Registrar, Transfer Agent, (and unto any other Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registrars and/or Transfer Agents) , their respective 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, but not exceeding' the maximum amount for which Obligor may obligate itself on the date of this bond in respect of any one risk or hazard under any law governing the validity or performance of this bond, said sum to be paid to Obligees, their respective legal representatives, successors or assigns, as interest may appear; for which payment well and truly to be made the Obligor binds itself, its legal representatives, successors and assigns, jointly and severally, firmly by these presents. SEALED with its seal and executed in TWO counterparts the 17th day of September, 1987. WHEREAS, the Obligor represents that SHEARSON LEHMAN BROTHERS INC. is/are the unqualified owner(s) of $10,000 CITY OF DUBLIN SAN RAMON ROAD SPECIFIC PLAN IMPROVEMENT ASSESSMENT DISTRICT SERIES DTD 8/15/85 8.25% DUE 7/2/90, NUMBERED R163', REGISTERED IN THE NAME OF GARY SASAKI & D. M. SASAKI AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON (such security or securities being hereinafter called "original" or "originals") , and that the same has/have been mislaid, lost, destroyed, or wrongfully taken and cannot be found or ' produced, by virtue of which the Obligor has requested Obligees to issue and deliver to SHEARSON LEHMAN BROTHERS INC. or his/her/its order a new or duplicate instrument or instruments (hereinafter sometimes called "duplicate" or "duplicates") , or to pay to SHEARSON LEHMAN BROTHERS INC. or credit to his/her/its account the amount due on said original or originals without surrender or presentation . thereof for cancellation or stamping or for any other purpose; and PRIN�ryTED Form 30.02.0003(Ed.2.84) P-74617(� 0 S A . ..., ... .. ., z........-...: .. ..... ..,.... . a.+...a. _.*.�..a.i6..f.ai':..t.... •...w!•LJ.1.._.,wxl.�.i......a-k.\wf.JL.ta,.i..P..._... .d Y'!..rc.w�i'f _,.1z y.`..i'.:.t_.u,... ,... ....f ......... .. WHEREAS, on the faith of the foregoing representations and in consideration of this bond of 'indemnity, Obligees have complied or have agreed.-to comply -,w•it-h said `request°s: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if the Obligor, the legal representatives, successors or assigns of the Obligor or any of them, shall in case the original or originals be found or come into the hands, custody 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 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 and/or the issuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like issue and amount which because of alteration, change or counterfeit may or may not be identified as 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, whether or not caused by based upon or arising out of the honoring or refusing to honor the original or originals when 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, conversion, exchange, issue or delivery in respect of the original or originals and/or the duplicate or duplicates issued in lieu 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 force and effect. 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, the 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. Obligor further agrees that, in case of any default under the conditions of this bond, the Obligor waives and releases any and all right or claim against Obligees, or any of them whether by way of subrogation or otherwise, for any loss, expense or liability incurred by the Obligor caused by, based upon or arising out of the enforcement of this bond by the Obligees or any of them. (No inaccuracy in the description of the securities herein referred to as original or originals shall alter, modify or affect the obligations of the Obligor hereunder. ) Obligor agrees that its liability hereunder shall be absolute, subject only to the conditions herein expressed. FEDERAL INSURANCE COMPANY . . . . . . . Atto ey-in-Fact NOTARIAL ACKNOWLEDGEMENT CITY, COUNTY &STATE OF NEW YORK, ss On this 17th day of Septembers 87before me personally came Marie Hughes to me known, who, being by me duly sworn,did depose and say that he is an Attorney-in-Fact of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the annexed instrument;that he knows the corporate seal; that it was so affixed by order and authority of the Board of Directors of said corporation, and that he signed his name thereto by like order and authority. Notarial Seal Acknowledged and Sworn to bpfore me ELBA SAI)711\G0� (Cr' on the date above wr' #_ _ N ARY ;:OT 4U?1',.1CY - [�o. /NJ ary Public CUeli;i,.� •s vrrR c,cu" r in T�>.v iSyC file jar.c:.r Cerlificel-F y .ExPiras Commission STATE OF NEW YORK ss CERTIFICATION County of New York I,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March 11,1953 and most recently amended March 5,1986 and that this By-Law is in full force and effect. "ARTICLE XVIII. Section 2.All bonds,undertakings,contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any one or more officers or attorneys-in-tact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3.All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Vice-Chairman or the President or a Vice-President or an Assistant Vice-President,jointly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers:Chairman,Vice Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertak- ings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America,District of Columbia,Puerto Rico,and each of the Provinces of Canada with the exception of Prince Edward Island;and is also duly licensed to become sole surety on bonds,undertakings,etc.,permitted or required by law. I,the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY,do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said Company at Warren.N.J.,this 17th day of September -19 R 7 \y`SURY H��c. Wes:' •'..°� o O� •D uJ: .rr Ri and Hight Assistant Secretary yr ;•yFiv E Vi=i PRI�TED Form 21.10.0334(Rev.6.87)N.Y.REG.MAIL P-82764(50M) UVA. I POWER OF ATTORNEY Know all Men by these Presents,That the FEDERAL INSURANCE COMPANY,15 Mountain View Road,Warren,New Jersey,a New Jersey Corpora- tion, has constituted and appointed and does hereby constitute and appoint Mark A.Cook, Robert Briganti,A.J.Krey,Joseph P. Milana, Dorothy Kern, Marie Hughes,Jean B. Kenney, Jeannine Fuscaldo and Chantal Cabrol of New York, New York. each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf any and all Lost Instrument Bonds wherein the said FEDERAL INSURANCE COMPANY is named as Obligor. In Witness Whereof,the said FEDERAL INSURANCE COMPANY has,pursuant to its By-Laws,caused these presents to be signed by its Assistant Vice-President and Assistant Secretary and its corporate seal to be hereto affixed this tat day of April,1987. RANC., WQ. O .yJV E FEDERAL SURANCE CO PANY g By Rich d Hight George McClellan Assistant Secretary Assistant Vice President STATE OF NEW YORK County of New York ss. On this 1st day of April 1987,before me personally came Richard Hight,to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY,the Corporation described in and which executed the foregoing Power of Attorney and the said Richard Hight being by me duly sworn,did depose and say that he is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof;that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;that he is aquainted with George McClellan and knows him to be Assistant Vice-President of said Company,and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By-Laws and in deponent's presence. Mc Q`l E" GOG Acknowledged and Sworn to before me t I on the date above written NOTARY N PUBLIC �� OQ ary E.Mc gh Nola tic FOP N E`N A Notary P?by,,State of New York No.01 MC46" Qualified Queens County—Certificate filed in eons County Commission Expires June 30,1988 Financial Statement of Federal Insurance Company as of December 31, 1986 IN THOUSANDS OF DOLLARS STATUTORY BASIS LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS United States Treasury Bonds.......... $ 77,334 Outstanding Losses and Claims ........ $ 1,528,840 United States Government Secured Unearned Premiums. ................. 762,695 New Housing Bonds......... ....... 45,959 Expense Reserves ....... ............ 59,583 State and Municipal Bonds . ..... .. .. .. 1,649,189 Dividends Payable to Policyholders . .... 21,916 Other Bonds ........ ... .. ... . . ... ... 82,629 Non-Admitted Reinsurance ......... ... 9,940 Preferred Stocks.. .. .... ..... ........ 2,786 Loss Portfolio Transfer................ —125,480 Common Stocks ...... ... .. ... .. .. ... 235,840 Other Liabilities. ..................... 210,714 Other Invested Assets .. .... . .. ... .. .. 40,180 Short Term Investments. ... .. ... .. .. .. 18,566 TOTAL INVESTMENTS . .. ....... .. . 2,152,483 TOTAL LIABILITIES ....... .. .... ... 2,468,208 Investment in Affiliates: Vigilant Insurance Co ......... .. .... 93,780 Great Northern Insurance Co......... 34,659 Pacific Indemnity Company ... .. .. ... 162,388 Chubb Life Insurance Co ... ..... .... 154,898 Common Stock ...................... 13,987 Bellemead Development Corp .. .. .... 207,303 Paid-in Surplus ................ ...... 538,353 Chubb Ins. Co. of Canada ........... 25,183 Unassigned Funds .. ........... ...... 212,293 Other . .. .......... ........ .. .. ... 35,608 Cash . ..... ... .. .. ........... .. ..... 16,199 Unrealized Appreciation of Investments .. 217,359 Net Premiums Receivable ....... .. .. .. 458,339 Reinsurance Recoverable on Paid Losses ... ... .. .. .. ... .. .......... 27,722 SURPLUS TO POLICYHOLDERS ..... 981,992 Other Assets... .. .... ........ ....... 81,638 TOTAL ADMITTED ASSETS ... .. .... $ 3,450,200 TOTAL ....... ............ ........ $ 3,450,200 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at$14,079 are deposited with government authorities as required by law. ;(^ °A.S '.,y.lyyi,�3•^-Yfo^r9a'1. d� `}m"'� 1�"'t? f5fN, Mr •�ylia x 9lwYi�t�,a'x • v� h t a 2 �F 6SI }; 5x P ........ v......r.._..:`'._.._._.' .......... . ..:. . _:K_..:_.r..�:.....''k.,...4,.u•.5,.:.y; `2�.�M.tiu::_.i7.a,u.�.<�4-F4�.1...,...,a�,�.t.i3;:'u5.`i, w h�,.w<.�:� ' MAIL LOSS AFFIDAVITS C ..,. � Form 4074(New 3/79)~ send r) SHEARSOM LEHMAN BROS r 061 WESTERN UNION INTL PLAZA ' Mailing ' Mailing: YORK, MY 10004 ' Date of Mailing: 12/5/86 F- Z Mailed to: a ,,•q_'�I=^` ` C;7 ERASURE GUARANTEED W (Addressee) SHEAR- P.O. BUX 2340 J N l &SAN INC- DUBLIN, BROTHERS _ CA 94568 By N AliTHC•.t: , J.•A ...... .......... Certificate or Bond Zzo 1:;N'ATURE. LL No.(s)and Number of (AUTHOFI-1NG RESOLUTICNS FILED O Shares or Principal Wi H NE'N YO-,K STOCK EXCHANGE) y Amount of Bonds J and/or Coupons: CertOR163, 10,000 Q Corporation 0 or Issuer: CITY OF DUBLIN SAN RAMON ROAQ-SPECIFIC PLAN IMPROVEPIENT ASSESVENT Class of stock or DISTRICT SERIES dtd_.8/1,5/1985; 8.25 DUE 7/2/90 Description of Issue: Registered in MUNICIPAL Name of: GARY .: SASAK I & ' � m. SASAKI JTTEN If Endorsed, Indicate Here: STATE OF: NE W YORK COUNTY OF: NEW YORK 0 The undersigned, deponent,being first duly sworn,deposes and says that,in accordance with the records of the above named z Sender,the above described securities were forwarded by United States Mail on the date specified in a postpaid envelope addressed to the J above named Addressee. The said Addressee has reported the non-delivery of the said securities. The securities have not been returned Q to the above named Sender and they are believed to have been lost or destroyed in the mails. LL Deponent agrees on behalf of above named Sender that if the securities should e r come into their hands,custody or power, 0 deponent will immediately surrender the original securities for cancellation. n Indicate here whether deponent is �" VL Deponent's signature an officer, partner or employee of 11 Sender. Deponenfs address ONE WESTYRN tMION INTL PLAZA a �YEF NEW YORK, NY L Subscribed and sworn to before me this 26th day of June 9 87 Q Notary Public MARYANNE NACCHIO f Notary Public, State of New York(Indicate date commnory ex ores) No. 4851107 STATE OF: California Commission Expires January 27,'1'988 a COUNTY OF: Alameda W The undersigned deponent(s), being first duly sworn depose(s) and say(s)that the above described securities have never been re- 0 W ceived by the above named Addressee or any person or persons acting on (its)(his)(her)(their) behalf. Deponent(s)agree(s) (on behalf of CC the above named Addressee)that if the securities should ever come into (its)(his)(her)(their)custody or power, deponent(s)will immedi- ZI ately notify the above named Sender and will surrender the original securities for cancella ' O If Addressee is a firm or corporation Z Deponent(s) Signaturels � LL indicate here whether officer, partner O or employee. Deponent(s) address L/ • D v C U (If more than one addressee or registered owner, all must sign) SuE:9cPib ,Rpd�9aveWPl6'f5>•faR St ay of AuguSt 19, 87 LL Q � <�;; - OFFICIAL SEAL . SARAH A. O'DONNELL Notary Public Notary Public-California ALAMEDA COUNTY (Indicate date commission expires) Par mm. 5(YELLOW)- File; 6(PINK)-Security Notice.CUSTOMER MUST SIGN PARTS 1.2 •. .z.J. ' '..i.l .., ......i.,W.:J.af..p�.iIIOA.Un+Y..1.:.Kti:..1u5LiLL"3xu:.e7tiMu.�Yf3L.G'N' .+S.S.YIwi2.YflfiW..K.]:.L',iH.w +„'.'4 .w`.(: ....N..:.}rt9b f.YiSC::.CJ'J..:'4Me..w..r11-..M.. .. SEABOARD SURETY COMPANY August 28, 1987 City Treasurer Dublin P.O. Box 2340 Dublin, CA 94568 Attn. : Philip Mollina Re. : Certificate No. 8108 @ 10,000 shares & R107 @25,000 shares & R110/11 @ 5000 shares of City of Dublin San Ramon Road Specific Plan Improvement Assessment District 7.5% series 1985-1 due 7-2-88, registered in the name of Donaldson Lufkin & Jenrette. Ref. :. 690660-985 Iholina� Dear Mr. MGIJ-i mz- We are enclosing our Sole Obligor Bond in your requested number of counterparts together with like number of Affidavits of Non-Receipt and Affidavits of Mailing in connection with the replacement of the above described securities. Kindly send replacement to Midwest Securities Trust Co. 440 S LaSalle St. at Chicago, Illinois 60605 to the attention of Stanley LeVee at your earliest convenience. Thank you for your cooperation. Very truly yours, J e ein A� c al Risks Dept. cc: Stanley LeVee BURNT MILLS ROAD AND ROUTE 206, BEDIMINSTER, NEW JERSEY 07921 201-658-3500 538 ,.a.,ra. '. ..,.(." .F a. ,xd..U.;)aJ Jwa uaR s. a ..+f » ..,.. .., ., .. .... .. .- .. .. �. •. ,. t , SOLE OBLIGOR BOND WITH UNLIMITED LIABILITY 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 of New York and duly authorized to transact the business of indemnity and suretyship in the States of New York and all States in the United States of America, and having an office and principal place of business in New York State at 88 Pine Street, New York, New York as Obligor (hereinafter called "Obligor"), is held firmly bound unto City Treasurer Dublin City of Dublin individually and/or as Trustee, Depositary, Fiscal, Paying or Disbursing Agent, Registrar and/or Transfer Arent, and unto any other Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registrars and/or Transfer Agents now or hereafter vested with any powers or duties with respect to the security or securities hereinafter mentioned, their respective 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, but not exceeding the maximum amount for which Obligor may obligate itself on the date of this bond in respect of any one 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 binds its legal representatives, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and executed in two counterparts, as of the 28th day of August , 1987 WHEREAS, Obligor represents to the Obligees that Donaldson Lufkin & Jenrette is the unqualified owner of Certificate No. 8108 @ 10,000 shares & R107 @ 25,000 shares & 8110/11 @ 5000 shares of City of Dublin San Ramon Road Specific Plan Improvement Assessment District 7.5% Series 1985-1 due 7-2-88, registered in the name of Donaldson Lufkin & Jenrette. (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 amount due on said original or originals without surrender or presentation thereof for cancellation or stamping or for any other purpose; and WHEREAS, on the faith of the foregoing representations and in consideration of this bond of indemnity, Obligees have complied or have agreed to comply with said requests; NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGA`fION ARE, that if Obligor, its legal representa- tives, successors or assigns or any of them, shall in case the original or originals be found or come into the hands, custody 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 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 and/or the issuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like 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, whether or not caused by, based upon or arising out of the honoring or refusing to honor the original or originals when 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 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 force and effect. 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- tuting good delivery under the rules of the New York Stock Exchange. In case of any default under the conditions of this bond, Obligor waives and releases any and all right or claim 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 accuracy in the description of the securities herein referred to as original or originals shall alter,modify or affect the obligation of Obligor hereunder. This bond shall be deemed to be a New York contract and shall be governed as to all matters whatsoever, whether 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, this bond shall be deemed to have been accepted by the Obligees in the State of New York. This bond shall be deetned 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. And Obligor hereby further agrees to furnish Obligees, without any expense to Obligees,a new Bond of Indemnity, which may differ from this Bond in amount or in any other respect, with satisfactory surety or sureties in case this obligation should not at any time for any reason in the opinion of Obligees afford su ient protection. S BOARDS ETY COMPANY OBLIGOR (Seal of Obligor) By BOND # 690660-985 R -FACT James A. Monroe Form 883 REV. 4/85 :.`..:' MAII.LOSS AFFIDAVITS Mailed by: Midwest Securities Trust Company (Sender) Place of 440 S LaSalle S t . Mailing: Chicago , IL 60605 Date of April 27 , 1987 Mailing: H Z Mailed to: City Treasurer City of Dublin 2 (Addressee) p , 0 . B o x 2340 IL Dublin , CA 94568 Certificate or Bond LL No.(s)and Number of R108 @$10 ,000 ; R107 @$25 ,000 ; R110/11 @$5000 0 Shares or Principal y Amount of Bonds J and/or Coupons: IQ_ Corporation City of Dublin San Ramon Road Specific Plan Improvement W or Issuer: o Assessment District Class of Description of Issue:Stock 7 . 5% series 1985-1 due 7-2-88 263622AC6 Registered in Name of: Donaldson Lufkin & Jenrette , If Endorsed, Indicate Here.: yes (not negotiable) STATE OF: I l l i n o i s COUNTY OF: Cook The undersigned, deponent, being first duly sworn, deposes and says that, in accordance with the records of the above named z Sender, the above described securities were forwarded by United States Mail on the date specified in a postpaid envelope addressed to the 'J above named Addressee. The said Addressee has reported the non-delivery of the said securities. The securities have not been returned Q to the above named Sender and they are believed to have been lost or destroyed in the mails. Deponent agrees on behalf of above named Sender that if the securities should ever come into their hands, custody or power, LL I 0 deponent will immediately surrender the original securities for cancellation. Indicate here whether deponent is Deponent's signature Qan officer, partner or employee of en Q Sender. Deponent's address 440 S LaSalle S t . 0 Vice President Chicago , IL 60605 � Q Subscr ed and,0"XI41, 'etfEAL"e this 2 5th day of August 19 LL 87 . Stanley A. LeVee Notary Public, State of Illinois Notary Public My Commission Expires Nov.20,1990 (Indicate date commission expires) STATE OF: California I a COUNTY OF: Alanpda w The undersigned deponent(s), being first duly sworn depose(s) and say(s) that the above described securities have never been re- w U ceived by the above named Addressee or any person or persons acting on (its) (his)(her) (their) behalf. Deponent(s) agree(s) (on behalf of 0: the above named Addressee) that if the securities should ever come into (its) (his)(her)(their)custody or power, deponent(s)will immedi- I I ately notify the above named Sender and will surrender the original securities for cancella Z tio 0 If Addressee is a firm or corporation Deponent(s)Signature(sl LL indicate here whether officer, partner 0 or employee. Deponent's) address � (If more than one addressee or 41 Q registered owner, all must sign) O_ LL Subscribed and Sworn to befo a 21St d f Au St 19, 87 LL Q o. OFFICIAL SEAL "", SARAH A. O'DONNELL Notary Public Notary Public-California ® AIAMEDA COUNTY (Indicate date commission expires) FORM 652 6/86 My Comm.Exp.Apr•t.t99t ,.,.o. �t,.:....�,:'�. ......ter:. .....r'n.+�!u,n;. .. »a � .,.. ...,:.a,..a.�. ..�.�c:�fulkr.1.�.ti�a:r�.��:...f...1.C..'.i+:.x:.s«L!-,.�:.'«ws.:✓ ;t'r3�.:�5'r'is�a5i3:tivS:2...d75uLu,d:.:ifN.:..w"',:....._.,.;uS�.,..,.a....,..W�...........w...,.._s;ti:.u.s:,_,..�..�:.............. _. STATE OF New Jerse ss.. COUNTY OFSomerset On this-.._.28th._..............day_........A ugus.t".............................................................._19.s.Z...... before me personally came James A. Monroe ......................_...._...._....-...._...._...._.........._...._ -...._ ._...__.._..._..._._._..__._...___.._._ _._ _...__.._...___..._. _.____.... ._..._. __.. to me known to be an Attorney-in-Fact of SEABOARD SURETY COMPANY, the corporation described in the within instrument, and he acknowledged that he executed the within instrument as the act of the said SEABOARD SURETY COMPANY in accordance with authority duly conferred upon him by said Company. X CHRISTINE KORSELY Notary Public of New Jersey , 61y COMirliss'aq Exoires Jima 3. 19?1 Notary Publi t SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES:BEDMINSTER,NEW JERSEY FINANCIAL STATEMENT—DECEMBER 31, 1986 ASSETS LIABILITIES *Stocks and Bonds..................... $129,359,120. Reserve for Unearned Premiums................. $ 44,735,934. Cash in Office&Banks................. 2,557,944. Claim Reserves................................ 24,224,886. Accrued Interest&Dividends............ 2,540,598. Other Reserves................................ 5,561,937. Outstanding Premiums................. (4,628,218.) Capital Stock................................. 2,500,000. Accounts Receivable................... 2,433,276. Surplus ...................................... 55,239,963. Total Admitted Assets.............. $132,262,720 Total Liabilities............................ $132,262,720 •Bonds and stocks are valued on basis approved by National Association of Insurance Commissioners. Securities carried at 57,012,276 in the above statement are deposited for the purpose required by law. STATE OF NEW JERSEY COUNTY OF SOMERSET ss.: I, G. F. THOMPSON, President of SEABOARD SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31, 1986. IN WITNESS WHEREOF, I have signed this statement at New York, New York, this . . .28th . . . .day of August 19.$7... mo�Os 4 W; 1927 .n; , , -c President ��� OF* .�a ^ Certified Copy SEABOARD SURETY COADAW No. 1580 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY . POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,o corporation of the State of New York,has made, constituted and appointed and by these presents does make, constitute and appoint F R. Prigge or A.J. Charette or James Monroe or I'l'nn Iliahe or James Fenton or Boy F. Seymour or Carol C. Gardner or Michael C. BoIIancl or John P. Bl'laocl of Bedminster, New Jersey its true and lawful Attorney-i n-Fact,to make,executeand deliveron its behalf insurance policies,surety bonds,undertakings and other instruments pY similar nature aofo|!owm' � Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal;and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. . This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII,SECTION 1: "Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and Instruments relating thereto. Insurance policies.bonds,recognizances.stipulations.consentsof suretyand underwriting undertakingsof the Company,and releases,agreements and other writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board,the President.a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident Secretary o,oResident Assistant Secretary:or(b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the President o,uVice-President to make such signature;o,(x)u'such other officers o,representatives au the Board may from nmetonmouo�e,m.no. rxoseu/urm000mnonyxha//xann,on,/ateuoamveomo,etouvanv,u:hnmce�Auo,nev'm'pumo,nepmsenmn,o.'' ' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vine- Prnoidento, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this �!�\���� doyo/----.Jll!��--------... 1S.]}5 '' -- Attest: SEAB ' ^r� By of N E* MA (Seal) – . � ��.. .. _ __Av /smntaeoretary Vice-President STATE OF NEW JERSEY � COUNTY OFSOK4ERSET —� � On this........23]�d........... day of ...................... ----------------.–. 1S–.85., before me personally appeared ...................Michael...B– I{e ......................................................... a Vice-President of SEABOARD SURETY COMPANY, with whom | om personally acquainted, w�o` being bymeduh/sworn, m�dthat hnroo�eoin the S��ecf '���W..~Terse ; that hoisaVice'Pmoidentof SEABOARD SURETYCOMPANY,the corporation described in and which executed the - g instrument;that ho knows the corporate seal of the said Company;that the seal affixed to said instrument ia such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that hesigned his name theretoas Vice-President of said Company by like authority. FEL|CE M. CATALAN{J (Seal) NOTARY PUBLIC OF NEW JERSEY -- --�� ---- My Commission Exp. June 4, 1891 Notary Public C E R TUF I C AT E – /.the undersigned Assistant Secretary cx SEABOARD SURETY COMPANY uo hereby certify that the original Power of Attorney of which umn.tmo and co,mrtoonvmmmx/umo and eneotonmou�eoxm/ooemxcum and/uvm�xo,cemfrmaumev/xe'p�mmo«t who ex"cu�^the�said Power of Attorney was one v/the Officers authorized uv the Board m Directors uo appoint unattpme~m7factau provided m Article vo.Section 1.of m o rov`�a~x , osAoomnoaunervoompAwx - This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. 'nssOuvso: (u) That the use of a p,mtcu facsimile vf the corporate seal ur the Company and of the signature manAssistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant tv Article VII,Section 1.o/the By-Laws on»omn"o and xvmunzins an anomov'/"'fact to x/nn in the name and on behalf of the oumnunv surety uvnux, underwriting undertakings o,other instruments uoxc,.uoo in said Article m/. Section 1,with like effect as if such ooa/and such uionmu,a had been manually affixed and made, hereby is authorized and apnm,eo.' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this .............. ........................day of....AcuJust....................................................... 198I 1927 ''�,�� ��»�n°�� SEABOARD SURETY COMPANY August 28, 1987 City Treasurer Dublin P.O. Box 2340 Dublin, CA 94568 Attn. : Philip Mollina Re. : Certificate No. R271 for 10,000 shares of City of Dublin San Ramon Road Specific Plan Improvement Assessment District 9% Series 1985-1 due 7-2-93, registered in the name of Donaldson Lufkin & Jenrette. Ref. : 690660-986 Dear Mr. Mollina: We are enclosing our Sole Obligor Bond in your requested number of counterparts together with like number of Affidavits of Non-Receipt and Affidavits of Mailing in connection with the replacement of the above described securities. Kindly send replacement to Midwest Securities Trust Co. 440 S LaSalle St, at Chicago, IL 60605 to the attention of Stanley LeVee at your earliest convenience. Thank you for your cooperation. Very truly yours, ei'n � l Risks Dept. CC: Stanley LeVee BURNT MILLS ROAD AND ROUTE 206, BEDMINSTER, NEW JERSEY 07021 201-658-3500 538 ..�. .:LI .«,1-1.. n...t«+.�.el::t�....la/r. Y..�l ,. .3 u..,r lc..✓x.n...G:)Iw'4.�!Y a'SMe�lfi<Ir�S.t:.f✓,7.h:i:�.S...l....6 C...3.�+-i._<..`Y......d-r ri r,.ti...+.,r.. .. .]'..�Lur.*+., .:rs 3'.__.-. .Vu W ..... E 1 SOLE OBLIGOR BOND WITH UNLIMITED LIABILITY w.,.KNOW.ALL-MEN BY THESE PRESENTS, THAT, S,'ABOARD SURETY COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York and duly authorized to transact the business of indemnity and suretyship in the States of New York and all States in the United States of America, and having an office and principal place of business in New York State at 88 Pine Street, New York, New York as Obligor (hereinafter called "Obligor"), is held firmly bound unto City Treasurer Dublin City of Dublin individually and/or as Trustee, Depositary, Fiscal, Paying or Disbursing Agent, Registrar and/or Transfer Agent, and unto any other Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registrars and/or Transfer Agents now or hereafter vested with any powers or duties with respect to the security or securities hereinafter mentioned, their respective 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, but not exceeding the maximum amount for which Obligor may obligate itself on the date of this bond in respect of any one 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 binds its legal representatives, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and executed in two counterparts, as of the 28th day of August , 1987 WHEREAS, Obligor represents to the Obligees that Donaldson Lufkin & Jenrette is the unqualified owner of Certificate No. 8271 for 10,000 shares of City of Dublin San Ramon Road Specific Plan Improvement Assessment District 9% Series 1985-1 due 7-2-93, registered in the name of Donaldson Lufkin & Jenrette. (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 amount due on said original or originals without surrender or presentation thereof for cancellation or stamping or for any other purpose; and WHEREAS, on the faith of the foregoing representations and in consideration of this bond of indemnity, Obligees have complied or have agreed to comply with said requests; NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if Obligor, its legal representa- tives, successors or assigns or any of them, shall in case the original or originals be found or come into the hands, custody 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 rimes defend, indemnify and save harmless Obligees from and against 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 and/or the issuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like 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, whether or not caused by, based upon or arising out of the honoring or refusing to honor the original or originals when 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 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 force and effect. 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- tuting good delivery under the rules of the New York Stock Exchange. In case of any default under the conditions of this bond, Obligor waives and releases any and all right or claim 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 accuracy in the description of the securities herein referred to as original or originals shall alter,modify or affect the obligation of Obligor hereunder. This bond shall be deemed to be a New York contract and shall be governed as to all matters whatsoever, whether 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, this bond shall be deemed to have been accepted by the Obligees in the State of New York. This bond shall be deelned 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. And Obligor hereby further agrees to furnish Obligees, without any expense to Obligees,a new Bond of Indemnity, which may differ from this Bond in amount or in any other respect, with satisfactory surety or sureties in case this obligation should not at any time for any reason in the opinion of Obligees afford sufficient protection. SEAR URETY OOMPANY BLIGOR (Seal of Obligor) _._. _. e,FA�C�T BOND tt r,9nrrQ-985 ATTOR EY James A. Monroe Form 883 REV. 4/85 I . . MAfL—LOSS AFFIDAVITS mat " j Mailed by: NidVr%list;.'Securities Trust Company .. (Sender) Place of 440 S Ca S a l l e St. . Chicago , IL 606d5 Date of f{ ii r i l '2 7 , 1987 Mailing: 5„f.•z, p Z Mailed : LU (Addddressressee) Ci ty'=Treasurer City of Dublin E P . J .Boz X343 0- �Iurjlin , CA 9.4568 U. Certificate or 'Bond No.ls)and Number of R - 271 @$1 0 ,0 J•0 Shares or Principal In Amount of Bonds J_ and/or Coupons: wQ Corporation S rt c ' r r + or Issuer: City. of Dubli :i an �a:.iotn Road Spe..i f is Pldil Lnpr oyLi.,•_n+, p Assessment District Class of Stock or E Description of Issue: .. , .. 3q ser ies 1935- 1 due -L-��3 255022hI(� Registered in Name of: ,onaldson LJfk1n U De:'ira Itt'. If Endorsed, c Indicate Here: y e S ti C t --,n 2a go L i a J-l.e) STATE OF: I l l i not s COUNTY OF: Cook 0 The undersigned, deponent, being first duly sworn, deposes and says that, in accordance with the records of the above named Z Sender, the above described securities were forwarded by United States Mail on the date specified in a postpaid envelope addressed to the J above named Addressee. The said Addressee has reported the non-delivery of the said securities. The securities have not been returned Q to the above named Sender and they are believed to have been lost or destroyed in the mails. LL. Deponent agrees on behalf of above named Sender that if the securities should ever come into their hands, custody or power, 0 deponent will immediately surrender the original securities for cancellation. r I ' Indicate here whether deponent is Deponent's signature r Q an officer, partner or employee of ` ,” ' Q Sender. - Deponent's address k•. S Vi 1L 'J.!`va..+ < Subscrib and sw`9fF m L41D4pyf this ; ? day of f;;a U S 19 Q Stanley A. LeVee Notary Public; State of Illinois Notary Public My Commission Expires Nov.20,1990 (Indicate date commission expires) STATE OF: • Ca-,if oriiia i a COUNTY OF: � ., W The undersigned deponent(s), being first duly sworn depose(s) and say(s) that the above described securities have never been re- 0 ceived by•the above named Addressee or any person or persons acting on (its) (his) (her)(their) behalf. Deponent(s) agree(s) (on behalf of w _.. CL the above named Addressee) that if the securities should ever come into (its) (his)(her)(their),5ugody or power, deponents)will immedi- ZI ately notify the above named Sender and will-surrender the originai securities for canc�11a* Z If Addressee is a firm or corporation Deponent(s) Signature( LL sl indicate here whether o'fficer, partner ` 0 or employee. Deponents) address %`� l% ��%✓�v, t t/ (If more than one addressee or Q registered owner, all must sign) O_ sL Subscribed and Sworn to before me this 21s; d fof r�_t�gtzst D7 LL. Q OFFICIAL SEAL Notary Public SARAH A. O'DONNELL �• ° Notary Public—California (indicate date commission expires) I ALA FORM 652 6/86 �• My Comm.Exp.Apr.1.1991 �I...� ..� ...n :��.�...5...1...�..:.:�.N.IlF..._r.IA.A.�..'...l:t..f_..i.nYrw:�.:5u....,"s�.dy.4mKn1.✓J1n. �.I'J. •ien_ i. q..4.,nL`.'Jwf:� 'eS...Ie.1a Y.' 1 n:.. aSP RAY' .✓i.s]rt�ah n. �.... _.. STATE OF New Jerse COUNTY OFSomerset On this......_.28.th._..............day_.......A ugus.h..................................................................._19.8 ....., before me personally came JamesA. Mon ...................................... _.. ..._..._._.._..._...__...__. __.__ _...__._..._.._..._...._...._..._...._.........._.___.. to me known to be an Attorney-in-Fact of SEABOARD SURETY COMPANY,the corporation described in the within instrument, and he acknowledged that he executed the within instrument as the act of the said SEABOARD SURETY COMPANY in accordance with authority duly conferred upon him by said Company. R:'CHRISTINE KORSELY Nctary Public of tIeW Jersey My Commiis;oi Expires kne 3. 19?1 4.Nota Publi I SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES:BEDMINSTER,NEW JERSEY FINANCIAL STATEMENT—DECEMBER 31, 1986 ASSETS LIABILITIES 'Stocks and Bonds..................... $129,359,120. Reserve for Unearned Premiums................. $ 44,735,934. Cash in Office&Banks................. 2,557,944. Claim Reserves................................ 24,224,886. Accrued Interest&Dividends............ 2,540,598. Other Reserves................................ 5,561,937. Outstanding Premiums................. (4,628,218.) Capital Stock................................. 2,500,000. Accounts Receivable................... 2,433,276. Surplus ...................................... 55,239,963. Total Admitted Assets.............. $132,262,720 Total Liabilities............................ $132,262,720 Bonds and stocks are valued on basis approved by National Association of Insurance Commissioners. Securities carried at$7,012.276 in the above statement are deposited for the purpose required by law. STATE OF NEW JERSEY COUNTY OF SOMERSET ss.: I, G. F. THOMPSON, President of SEABOARD SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company,as of December 31, 1986. IN WITNESS WHEREOF, I have signed this statement at New York, New York,this . . .2,9til . . . .day of August 19.$7....... COSUR19 7 rE EI� President of NC � Certifle'd ^ Co� SURETY W Nn. 1580 ADMINISTRATIVE OFFICES, BEDyN|NSFER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARO SURETY COMPANY,a corporation of the State of New York,has made, constituted and appointed and by these presents does make, constitute and appoint F.R. Prigge or A.J. Cbarette or James Monroe or Lynn Dishe or James Fenton or Roy F. Seymour or Carol C. Gardner or Michael C. Holland or John P. Hyland of Bedminster, New Jersey its true and lawful Atto rney-i n-Fact,to make,execute and deliveron its behalf insurance policies,surety bonds,undertakings and other instruments of similar nature aa follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Atto rney-i n-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirm ed. This appointment is mode pursuant to the ^|owing By-Laws which were du|yadoptod by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII,SECTION r "Policies,bonds,recpgnizuncey stipulations,consents vv surety,underwriting undertakings and Instruments relating thereto. Insurance policies,bonds,recognizances,stipulations,consents of suretyand underwriting undertakingsof the Company,and releases,aumementsanuome, writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board,the President,a Vice-President ora Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident Secretary n,aResident Assistant Secretary;or(b) by an Attorney-in-Fact for the Company appointed and authorized by the, C hairman, o,the Board, ma prevmentu,av/xr'pm,/uent to make such signature:or(c)by such other officers or representatives as the Board may from time to time determine. The seal m the Company shall x appropriate ue affixed thereto uv any such officer,Attorney-in'Facto,representative." ' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Preaidento. and its corporate seal tobo hereunto affixed and duly attested by one of its Assistant Secnetahea this |��l�� day oi----.�Illl��-----�_--.. 1S'5.� ' '' '-'' Attest: . - SE A8 nOMRA N ~ By Or (Seal) n����_ _ . � __. ._. . Assistant Secretary ....._--'..�- --� - STATE OF NEW JERSEY --'. COUNTY OF SOMERSET On this--'23 �d'_- day of --------.Jq��-.--'------------. 1Q-155, before maperaonoUyappeared -----..�MicbaeI-.B- ------------------ uVion-p�sidentof SEABOARD SURETY COMPANY, with whom IampermznaUy acquainted, w� � b�ngbyne duly sworn, m�dthat ho resides in � »Sb�aof � �w-Jersa ;0410 that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing instrument:that he knows the corporate seal of the said Company;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 Company;and that he signed his name thereto as Vice-President of said Company by like authority. (Seal) NOTARY PUBLIC OF NEW JERSEY ..... ....... My Commission Exp. June 4, 1991 Notary Public /.the undersigned Assistant Secretary nr SEABOARD SURETY COMPANY m,hereby certify that the original Pvwo vrxoomovon°oichmo- foregoing~umx.^neunuconr: oonvivmnuxmrceunue«oo on thedateof this Certificate and I do further certify that the Vice-President who executed me - `-` ~'mtomov~ax one vr the Officers authorized by the ouanu of Directors to appoint an aoumey+m4octasprovided in Article VII,Section 1.n/the By-Laws v, SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. 'nsoou/so: (o) That the use of a n,mteu facsimile of the corporate seal ur the Company and of the signature v/anAa /mantaern�a�un any cemn:onnno/mecu,�ume,00/a copy ofanmstmmontoxeou�uuvmep,exmento,av/ce'p,emdempvmuont toAmc/evx---uon1 o/moBy-Laws apnoinoneand aumo,izinnananu,nev'.n'fact to sign ivme name and nouexunmmo Company sune� uunu, unuer""`---nue-mnnoo,ome, instruments described in said Amc/evx. �ouuon �. with nxeo,�c�asn,uoxes/anuxucx a/onamm�xu been bonds, underwriting -anu-au� hereby is au*vnzeuunuannno�d.' affixed- '- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this ..............28t�h.-------' day of....Aogus.t....................................................... 188I ' 1927 . '�~^�