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.