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82-HHA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECT- ING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF SAID CITY AN AGREEMENT WiTH FLORIDA EAST COAST RAILWAY, IN CONJUNCTION WITH THAT CERTAIN AGREE- MENT THAT WAS EXECUTED BY THE CITY BY AUTHORIZATION OF RESOLUTION NO. 81-AD.. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute on behalf of the City of Boyntor Beach, Florida, an Agreement with Florida East Coast Railway, in conjunction with initial agreement dated February 18, 1981. Section 2. This Resolution shall take effect immediatel, upon its passage. PASSED AND ADOPTED this 20th day of April, 1982. CITY OF BOYNTON BE~CH, FLORIDA ViCe Mayor ATTEST: (Corp. Seal) ~~~City Clerk FLORIDA EAST COAST RAILWAY COMPANY Post Office Drawer 1048, St. Augustine, Florida 32084 (904) 829-3421, Extension 269 March 5, 1982 File: 312-4-28 City Manager City of Boynton Beach Post Office Box 311 Boynton Beach, Florida 33435 Dear Sir: Please refer to an Agreement between the Florida East Coast Railway Company and C~y ~ B~ynton BeAch dated December 20, 1977 covering a portion of the Railway's property for the purpose of space for The existence of the rights and privileges granted by this Agreement creates a potential liability to the Railway. For this reason, it has been determined that the Railway should purchase insurance to insure the Railway against any claims arising from accidents due to the existence of the Agreement. Recognizing that insurance premiums for individual policies might be high, the Railway has obtained a blanket insurance policy covering all agreements similar to yours. Although only the Railway is insured under the policy, our expense in obtaining it and maintain- ing the coverage would not have arisen if the Agreement were not in existence. The insurance policy will have an effective date of April 1, 1982, and the initial annual premium on this policy is $150.00 per location, Therefore, the rental assessed under said Agreement will be increased to cover the cost of the annual premium. The increase in rental will be effective April 1, 1982, to coincide with the effective date of the insurance policy. Therefore, this letter constitutes the initial bill in the amount of $ 108.08 , calculated as follows: Number of locations 1 @ $150.00 = $150.00 Period covered April 1, 1982 through December 19, 1977 = Pro-rata share to coincide with effective date of Agreement 263 days 263 $150.00 x 36---~ = $ 108.08 Amount Due The Railway considers the aforementioned insurance policy and the reimbursement of premium to be an essential addition to the existing Agreement. It will, therefore, be necessary that the enclosed copy of this letter be signed, witnessed, dated and returned to us along with your check for $ 108.08 by April 1, 1982. When completed, this letter will be considered an amendment to the existing Agreement. Should we fail to hear from you by the above date, or should these terms not be ac- ceptable, we will consider our option to terminate the Agreement in accordance with its terms. Please reply as soon as possible. Sincerely yours, Manager-Real Estate MOB/D/moa AMENDMENT TO AGREEMENT ACCEPTED: Lessee City of Boynton Beach Title Mayor Witness Date