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Minutes 04-09-26 KNOW ALL ~EN BY THESE pi~ESENTS that the Town. of Boynto~. Florida, a municipal 'corporation organized under the laws of the State of Florida, party of the first part, for and in considerati of the sum of ~en ($10.00) Dollars, to it in hand paid by the ?lorida Power & Light Company, a corporation organized and exist1 der the laws of the State of Florida, party of the second part, ... ~nd for other good and val~able considerations, the receipt whet, Ls hereby acknowledged, has granted, bargai-~ed, sold, transferre, and delivered, and by these presents does grant bargain, se!l, transfer, and ~eliver unto the said Florida Powe~ ~-~ Light 0ompan . its successors and assigns, all their.following described personal property to-wit: Ail of the property for and/or in connection with the Town of .~,0~-,~' S electric light and power system and business, including the dis- tribution system, Bnd overhead street lighting 'system (but ~xcluding the Whiteway street.light- ins mystem) together with al! poles, po~e lines, wi~es, insulators, transformers, raeters, ebc.; all appurtenant material and sup ].ies on hand or owned by the Town; and all rights, rights- of-way., licenses, Pe~~mits easements and privi- .leges in connection with the said property and 112 T0 HA~ AND TO HOLD the same unto the said parl;~ oT the second part' its successors and assigns forever.' , And s~id party of the first part does for itself and its successors covenant to and with the said party of the second p.~rt, its successors .and assigns, that it is the laSful owner of the said property above described and that it is free and clear from all liens, charges an~ encumbrances whatsoever, and that it has good right and lawful authorit'y'to sell the same as aforesaid, a~d that it will' warrant and defend the .sale of the sai~ prope~itY and business hereby made untO the said party of t~e second part, its successors and assigns, m~jainst the lawful claims and demands of all persons ~homs ever. This transfer is made as of the 1st day of April A. D. 1926. IN WITNESS WHEILEOF, the said party of the first part has caused its signature and seal to be affixed on t~is 9th day of )ril A. D. 1~26. Signed, Sealed and Delivered .n'the presence of us: Charles Senior (Signed) (Signed) TOWN OF BOYNTON By R..0 MLers (Signe~ -- Mayor ATTEST: E. L. Wi_nches~t~e_~,_ (Signe Town Clerk. !ATE OF FLORIDA ) ) ss. OF ~AIZI BEACH) Before me, an officer duly authorized to take acknowl- , on this day personal~y appeared, R. 0. Myers, ~ayor of Town of BOYNTON, ~lorida, a municiapl corporation organi~ed ruder the laws of the State of Florida, to me well known and ~no~ to m' to be t~e ~yor of the sai~ T~n ~ BOY~T~, w~ ac~nowled~ ,efore me'tha~ he executed ~d foregoing instr~ent; that the se ~ffized to sai~ instrument is the seal of the said m~icipal cor ~oratio~; that said instr~ent was signed for an~ in behalf of t ~ai~ municipal corporation by authority of its Town 0o~ission; ~hat he subscribed his name thereto by li~e authority; and that ~xecuted the said instrument as MayOr Of t~e T~n of ~YNTON fo~ ~ses and purposes therein e~ressed',::~ "' WITNESS my .hand and official seal at BOYNTON. Florida, th~ the ninth day o'f April, A. D. 1926. ...WM. p. Somerville (Signed) NOtary Public State of Florida at Large My Commission expires on the 29th day of March 1930. "' ~ THIS AGREFI.tENT made this 9th, day of April A.D. 1926 by and bmtween the Town of Boynton, FlOrid.a, a municipal corporati~ organize~ under the laws of the State of Florida, and its success- ors (hereinafter called the "Town") and FL0~I~A POWE~ & LIGHT ¢0I,~ANY, a corporation organized and existing under the laws Of the State of Florida, its successors and assigns (hereinaft.r called the "Company"). WHEREAS, the Town has by a Bill of Sale of even date herewith granted, bargained, sold, transferred and delivered to the Company for r?wenty Thousand Dollars ($20,000.00), receipt of which is hereby acknowledged by the Town, all of the following described property: All of the property for and/or in connection with the Town of Boynton's ele~ric light and power system and business, including the dis- tri~tiqn system, and overhead street lighting system ~but excluding the Whiteway street system) together with all poles, pole lines, wire~, insulators, transformers, meters, etc., all ~ppurtenant material and supplies on hand or owned by the Town; and all rights, rights~ of-way, licenses, permits, easements and privi- leges in connection with the said prO~perty and business. NOW, THEREFORE, W I T N E S S E T H: That_ for and in consideration Of the sum of Ten Do,!ars $10.00) each to the other party paid and for other good and valuable considerations, receipt of which is hereby acknowledged, the parties hereto covenant and'agree as follows: 1. That ~he said~electric light and power system and busine is transferred and delivered to the 0ompany as of the let day of April 1926, arid'that the following things, among others, shall be ,ne as of that date: Meter to ~be pro rated. (b) All consumers deposits to be Paid over to and ass~nned by the Company. (c) All insurance to be pro rated. 2. That the Company shall make available its office in Boynton for the purpose of, and shall assist the Town in, collect. ing all electric bills outstanding and unpaid to the time of the transfer and delivery of said electric light and power~Droperty a] bus~ness to the Company, but any additional expense caused therebl shall be borne by the Town and the Company accepts no responsibil~ in connection with the collection of the said ~ills and the expen~ attached thereto, and it is understood and agreed that 'consumers deposits, liability for which is assumed by the Company, shall no' be available to the Town against said bills. 3. The TOwn agrees at all times to indemnify and hold the Company free and harmless against any and all bills, invoices, claims, proceedings, suits and liabilities of every king and natu based on anything whatsoever in connection with the said electric light and power property and business prior to the granting, bar~ gaining, sale, transfer and delivery of the said property and bus iness to the Company, a~d, in indemnifying and holding the Company harmless., the '~own agrees at all times to pay all valid free and bills, invoices and claims presented to it in connection with or concerning the said electric light and power property and busine ~rior to the above-mentioned transfer and delivery. THIS AGREE~NT shall inure to the benefit of and be binding upon the successors of the T~wn and the successors and assigns of the Company. IN WITNESS WHEREOF, the parties hereto h~ve hereunto caused this agreement to be signed by their duly authorized officers and their official seals to be hereunto affixed the day and year fir abov~ written. WITNESSES: Charles Senior L. K. Doutricks ISigned) ISigned) TOWN OF DOYNTON, FLOP~IDA Bye, ~___( S~g Mayor Attest: E.L. ( Sign R. j Signed ) (Signed) FLORIDA P0!~',R & LIGHT CO~ANY By Joe H.. Gill _(Sign~ Att est: _ James ~. ~fn~ (Sigm Assistant-Secretary. d) April 8, 1926 tB Town of Boynton,"Florida oynt on, Florida. ?/ ~he ~1o '[ rida Power &"~ight Company does hereb ac 0rdinance No, 68, dul re ad Iown Commissi Y .,~ .iD full at a Re , ~ _Y_ c?pt. and _ on of_ t_he ~own of Bo nt _g~lar Mee,t. ing o~ the duly read I'ul Y on, .Flozida on !of the said Co~:-l:_ and..pas_sed.and adopted -~ ~ ~__ar.ch. 2.ri.d, 192~ wa ~.+..~ ~ ~-,---oT-on on march 16th ?c*~ . ~. a ~egu~ar meeti ' "grantinm t~ ~ ..... of the Town Hall on ~o-~,- ,-~,PY _of wuich ~ -~-~-, or franchzse for the period of rty years, to construct, maintain, and Operate in, under u o over and across the present and fa ' hi~g~ways, bridges, easem.~.o ~ _itl~r· Streets, avenues_ .,~..~P n, Ynton, Florida. and ~t~ ~ ....... P~b_lic places mnes together with all the necessary or desirable appurtenances , -' ~r-~ &lg~/'and power the purpose of supplying electricity to said Town and its successors, the inhabitants thereof, and to persons and corpora- ns beyond the limits thereof, for .light, heat, P~wer..and other , and imposing provisions and condttio~,s relatlBg.there.$o, This instrument is filed with the Town Clerk of the of Boynton, Florida, in acc'ordance with provisio~s of of said Ordinance. ~ FLORIDA POWER & LIGHT C~MPANY .2~EST: l[Jame s. W'. K~ ~ ( Signs d) /Assistant Secret'ary- ,~ OF FLORIDA) ss. 00UNTY OF DADE ) '~ On this the 8th day of April 1926, before ~e a Notary !ublio 'in and for the State of Florida, appeared Joe H,. Gill, ;o me to be the Vice-President of Florida Power & Light ¢'ompan~., -being by me duly sworn, did acknowledge that he executed ssi nstrument as Vice-President of the Florida Power & Light 'Compan that the corporate seal affixed thereto is the corporate sea said corporation and was-~uly affixed in acSordance with the hority of the Board of Directors of,'said Company. (Signed) W.H. Cox Jr. · °t~ry--_ublic tare of Florida, at Large. My commission expires Oct. 20, 1928. I hereby acknowledge receipt of the above acceptance ~ ~he Florida Power & Light Company of Ordinance No. 68, passed az ~dopted on ~arch 16th, 1926 by the Town Commission of Boynto~_ ~lorida, aha certify that I have filed ~mme for-record in t .~t Df the Town of Boynton, Florida, this 9th day of April 1926. ' (Signed) E.L. Winchester . Town Cl-~of the ~Town ~ Boynto n, $1orida. ?