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Florida Power and LightR E S 0 L U T I O N ( APPROVINO A PROPOSED FORM OF LETTER AGR~EE*~ ~;~ENT ¥~ITit FLORIDA POWEP. ~ LIC. HT C0?~PANY PROVIDING FOR THE DISCONTINOANCE OF ALL 0F THE ST~ET LIGHTS ~0W LEI~G OPERATEI~ UNDER THE ST~ET LIGHTING AGREE~gNT, NOW IN EFFECT EETjEEN THE T0~'~N AND THE SAID COMPANY AND DATED THE ~ND DAY 0F i~ARCH 1996, FOR THE PERIOD t~'RO~ JUNE1, 1933 T0 NO~Ei~IEER 1,1933; AUTHORIZING ANY DIRECTING THE i¥~YOR AND THE TOWN CLERK OF AND 0N BEHALF 0F THE TO~N TO EXECUTE AND ENTER INTO THE BAID LETTER AGREE- ~NT 'f~ITH FLORIDA POWER & LIGHT )Oi~PA~'. ) BE IT RESOLVED BY THE TOWN COM?~IfilSION OF THE TOWN OF EOYNTON: 1. That the proposed Letter Agreement of the Town of Eoynton with Flori~a Power ~ Lm(!:ht Company, which is here- inafter set forth in full in Section ~ hereof, be an1 the same is hereby approved as to fornn and substance. 2. That the i'~ayor and the To'm~ Clerk o~ and on behalf' of the Town of Eoynton, be and they are hereby authorized and dlrevted to execute and enter into with Florida Power & Light Company the said Letter Agreement approved in Section 1 hereof, and hereinaf~ter set forth in form, words and figures as follows: ,1933 To~ of Eo~-~ton, Eoynton, Florida. Gent lemen: This r~lates to the Street Lighting Agreement dated March 2,1926 the Supplemental Agreement dated August 0,1929, the Letter Agreement dated April V,1931, and the Letter Agree- merit dated February 16,1932, all of which AEreements are now in effect between us and pertain to street lighting. At your request and in order to relieve you of some of y'our present financial burdens, we hereby agree to discontinue all of the street lights now being operated under th~ said Street Lightlng Agreement, dated the 2nd day of March 1926, for the period from June 1, 193.-i to November 1,1933. It is understood, of course, that nothing in this letter shall constitute a precedent for discontinuance of street lights in future years. While all of said street lights discontinued in pursuance of this Letter Agreement remain so discontinued, we will not bill you and you will not bw obligated to !nay for the operation thereof. At your request, at any time or from time to time prior to Noven~erl, 1933, we will restore to operation any or all of the street lig?nts discontinued hereunder. However; it is understood and agreed that on November 1,1933, we will restore to service all of the street lights discontinued here- under that have not been restored to service prior to said date. After such restoration to service, either at your request or by us as herein provided, we will bill you and you-will pay there- for in accordance with the terms and provisions of saia Stre~ Lighting Agreement. It is understoom and agreed that the term of the said Street Lighting Agreement, in addition to all extensions thereof provided therein and provided in said Supplemental Letter Agreements, is hereby extended for a further period, of five (5) months. It is understood and a~reed that while any or all of the street lights discontinued hereunder ramain so discontinued, you will not order us and we will not be required to install aaaitional street lights under said Street Lightin~f Agreement. Except as expressly provided herein, it is understood and agreed that said Street Lighting Agreement and said Supple- mental Agreements shall romain in f~ll force and effect. If you agree to the fore oing, kindly so inaicate by causing this letter and the attached copies to be executed by your proper officers under you~ corporat~ seal in the spaces provided for that purpose. Yours veryt ~uly, We agree to the foregoing. TOWN OF EOY~TOIQ FLORIDA P0?;ER & LIGHT C01~P?.NY BY President ~nd General Manager ky H.D.Stevens ~ayor Attest: J.P.Lowen Town Clerrk Approved as to Form and Correctness this day of , 1933. Dated June 6 1933 Attorney for Town of Boynton, F4a. EXHIBIT "A" IT IS HEREBY ACREED by and between the TOWN OF BOYNTON, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Florida, to be hereinafter known and referred to as party of the first part, and NEWMAN T. MILLER, attorney-at-law admitted to practice in all the courts of the State of Florida, of West Palm Beach, Pa.lm Beach County~ Florida, to be hereinafter known and re~erred to as party of the second part, that WHEREAS it is the desire of the part~ of the first part to collect by foreclosure in chancery and/or otherwise all taxes, tax certificates, and/or special assessments heretofore imposed, extended, or omitted by said Town of Boynton upon real estate located therein, and WHEREAS it is necessary for said party of the first part 'to engage and employ an attorney to give notice, bring suits, and otherwise handle and prosecute actions to the end Of making such collections, THEREFORE the party of the first part hereby and by these presents engages and employs Newman T. Miller, party of the second part herein, to give such notice and/or notices, to take such action, to do such things, and to brine such suit and/or suits, all as may be necessary, proper, and ex- pedient for the foreclos~re and. collection, or collection with- out foreclosure, of any and all taxes, tax certificates, and/or special assessments heretofore imposed, extended, or omitted by said Town of Boynton upon real eatate located therein. Said party of the first part promises and agrees: l:-- To pay all clerk's costs and charges, and 'sheriff's costs and charges, for all newspaper publications, and postage, and any and all other legitimate and proper expenses connected with the col~ctions herein provided for, or w~ich may grow out thereof, including the searching of records for the purpose of securin~ the proper descriptions o* property, the names and addresses of the owners of said property, lien holders, mort- gage holders, and the amo~nty of taxes due, w~ether the same were imposed, extended, or or~tted, with interest and penalties thereon. 2:-' To pay to tae party of the second part as a fee for h~.s servl, ces to be rendered herein, the sum of $25.00 for the filing o~ each Bill of Complaint, and in addition thereto to pay an amounti~equal to ten per cent. of the amount of money collected on taxes, including taxes imposed, extended, or omitted, and/or tax certlfic~tes, ~/or assessments, and penalties and interest: PROVIDED H0~ER that if the ~arty of the first part is the successful bidder and buys all or any portion of the property foreclosed ~pon, or if party of the first part accepts any bond, coupon, cer~ifidate or other obligation owing by the ~arty of the first part to any person, oerson~, firm or corporation in lieu of cash, or if any Judg- ment now exists or shs, ll be obtained again,~t said town in any Court, either State or Federal, and credit is given on said judgment for said taxes, tax Certificates, and/or assessments, or any part thereof, then such purchase of said property by party of the first part, or s~ch acceptance of any bond, co~pon, certificate, or other obligation in lieu of cash or such credit given on. any such ,~dmment shall be construed as a collection hereunder, and the party of the second part shall be entitled to the comoensation thereon, as herein provided, the same as if t~e same had been collected in cash. AND PROVIDED FURTHER that this contract shall be so construed that the party of the second p~rt s~all become and be enti21ed to said .amount of ten per cent. upon any collection so made: ~f made at any time after the mailing of a notice or notices to record title holders, mortgage holders, or lien holders, as is provided for i~ Section IV of Chapter 15038, General Laws of Florida Legislature of 1931. The party of the first part further agrees to pay all the costs and expenses herein provided for to be ps. id promptly and when the same become due and payable, and hereby agrees to, and does advance on said account the ~'~m of Four Hundred Dollars ($400.('~0), a receipt whereof is hereby acknowledged by party of the second part. The party of the first part further agrees to pay the attorney's fees herein provided at such time and/or times as collections as hereinbefore designated are made, and a~rees further to furnish party of the second part with records, copies of records, and if assessments, an/or permit party of the second part at any time durinM any business hour of any business day to inspect an~. take copies of said records, so that he, party of the second part, may have an opportunity of determining for himself what amount or amounts may be due him, and whether he is being paid promptly and in full. Party of the second part promises and agrees to accept the employment herein provided for, upon the terms and conditions herein set out and to forthwith give such notices, take such action, and prosecute such action or actions vigorously and witho~t delay, and to at all ti~.es keep a true, complete, and accurate account of all monies received an~ all expenditures made, paid, and laid out, covering the costs and exoenses hereinbefore designated and referred to, and to furnish the same from time to time to party of the first part, IT IS MUTUALLY UNDERSTOOD AND AGREED between the parties hereto that said party of the second part s~all re- ceive only the compensation herein provided for, but that the said party of the second part shall have ~ l~en and/or liens upon all money or ~t~er t~Ing of value and upon all property purchased by said party of the first part for the purpose c~ securing to him, the said party of the second part, the fees herein agreed to be paid by party of the f~.rst part. Dated and s~gned in duplicate this the 2nd day of August A.D. 1932. T0?~ OF BOYNTON BY H.D. Stevens (Si~ned) Mayor WITNESS: NE?~NAN T. MILLER (Signed) ---~arty of 'tM second ~a~5. ~s to pa'rty o'f the second part.