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Agreement with Henry E. PoorEESeL~ T I ON APPROVING THE PROPOSED FO~ OF CONTRACT AND AGREEMENT BETWEEN HENRY. E. POOR', H.W. PITKIN AND W.L.CAWEY AS AND CONSTITUTING THE CITY OF BOYNTON', FLORIDA, BONDHOLDERS PROTECTIVE COi~!TTEE, AND PAL~ LEACH CO~P~NY AND THE TOWN OF EOYNTON RELATIVE TO THE FUNDING OR REFUND- ING OF THE OBLIGATIONS OF SAID TO~.~ OF LOYNTON; AND AUTHORIZING AND DIRECTING THE ?~AYOR AND THE TOWN CLERK OF AND ON LE~ALF OF THE TO~N TO EkECUTE AND DELIVER SAID CONTRACT TO THE PARTIES OF THE FIRST PAR~. EE IT RESOLVED LY THE TOWN CO}~i~ISSION OF THE TO~ OF EOY.~,~TON FLORIDA: 1. That the proposed contract and agreement between Henry E. Poor, H.W. PITKIN and W.L.CAREY as and constituting the City of Bo~n%ton, Florida Bondholders Protectiv~ Co~mnittee, and Palm Beach Company, parties of the first part, Tova% of Boy~-~ton, Party of the second ~art, which is set forth in full in Section 2 i~ereof, be anm the same is hereby approved as to form and substance. 2. That th~ ~'~ayor and To~a~ Clerk of and on behalf of the Toma'~ b~, and they are hereby authorizem and dir~ct~m to execute and deliver to H~nry E.Poor, H.W.Pitkin, and W.L.Carey, as and constituting the City of Lo~n%ton, Florida, Bondholders ]Prot~ctiv~ Committ~, and Palm Beach Company, the contract agreement approved in Section 1 hereof and hereinafter set forth in form, words, and figures as follows: This contract and agreement made and entered into this day of A.~:. 190~, by and between HENRY.E:P00R of Cinci~u'~ati, Ohio, H.~.PITKIN, of Des ~oines, Iowa, and. W.L.CAREY of ~'~ilwaukee, Wisconsin, as and constituting the City of Loynton, Florida, Londholders Protective Co~nnittee, and Palm Leach Company, a Delaware Corporation, parties of the first part, and Town of Boynton, a municipal corporation arganized under the laws of the State of Florida, party of the second part, WITNESSETH: that, WHEREAS, the parties of the first part are the owners an..~ holders or representatives of, under oowers of attorney, six hundred and eleven (611) of the outstanding bonds of the Town of Boynton, Florida, and also of the judgement of the Whito Construction Company against the said town for th~ principal sum ~of $2~1,29~.~1, and also of c~rtificates of indebtoness, the payment of which is gmaranteed by the said Town of Boynton, in the face value oT $46,170.77, aSd authorized to act in their bohalf, and WHEREAS, th~ said Tow~'~ of koynton is desirous of entering into an arrangement with the parties of the first part and other creditors of the Town of Do~u'xton for the refunding of the portion of the obligations above described,. for which the said To~a~ is liable, the same being fifty (50%) per cent thereof, as provided by Chapter 15088 of the laws of Florida of 1931, the parties hereto have mutually agreed with each other as follows: That the party of the second part hereby accept its indebtedness as above set forth to the extent of fifty (50%) per cent of the principal of each of said obligations above describe~, including each of the bonds and ce~til'icates of indebtness, to the parties of the first part, and also I~ifty (~0%) per cent of the accrued and past ~e interest on each of the bonds, certificates of indebtedness and judgement above describeC. II. That the parties of the first part hereby agree that they will accept refunding bonds of the Towu~ of Eoynton in full settlement and satisfaction of the liability of the To~a~ of Eo~nton to them, subject to the followin~ conditions: (a) The total amount of the refunding bonds to be delivered by the second party to the first parties shall be the sum of $ , the face value of said bonds· (b) Said bongs shall be dated July l, 1933, and shall mature thirty-five (35) years from date thereof. (c) The bonds shall bear interest at the follow- ing rates .... 3% a year for the first five years, 4~ a year for the next five years, 5~ a year for the next five years, and 6% a year for the remaining twenty (2,0) years; said interost shall be payable semi-annually on the first days of January and July of each and every y~ar, and shall be evidenced by coupons attached to said bonds in the us~.~al for~. (d) The face value of said bonds shall b~ in 4enom- inations of O?~E THOUSA~D (1,O00) DOLLARS, FIVE HUI~DRED ($500) ~OLLAR? and ONE HUNDRED ($100) DOLLARS, and the n~nnber of bonds of each deno~.uination to be hereafter determined. (e) Such bonds shall be general obligations of the Town of Bo~nton as now constituted and the full faith and credit of said Town shall be pledgcm for the payment thereof. They shall bear the usual r~citals that the same are issued in 'accordance with the constitution and statutes of th~ State of Florida, and be execute~ by the proper officials of said T wn under the soal of the same. (f) The Town of Eoynton shall, prior to the issuance of said bonds, adopt a resolution agreeing to lo~.y taxes from year to year, as ~nay be necessary, to pay the intoro~t on said bonds as the sa~.ue ~nature, and in addition thereto, shall levy ea~ch year, be~i~'~ing with the second year, a s m of not less than one (l~) per cent of the face value of the outstanding indebtedness for the purpose of creatin~ a sinking ?una for the pa~nnent of said bonms; such sinkin~ fund may be utilizod by the Town from time to time for the purchase aha r~ti~ement of the outsta~-~mi~g bo~ds, such bonds to be callable at any time three (3) y~ars after date of iss upon the payment of principal and accrued interest; such sinking fund may also be used to purchase bonds of such issue at any price less than par, at the option of the To~n% Officials; but, if such funds are not so used, they shall be held intact and p~s~rv~d for th~ ultimate r~tir~ment of such bonds. The To~'~ of ~oynton shall also agr~ to pay into such sinking funa all moneys collected by it from tax~s h~r~tofor~ l~vi~d by it upon property now within its bou~.~dary, and also all s~m~s collected form sp~ciai ass~ssm~nt~: h~r~tofor~ levied by the said Town upon property now within the boundaries of said Town, and sums rsceiveu from the resale of property tttl~ to which may De acquired by the Town of Eoynton under tax sales or sales resulting from the foreclosure of special assessments and used for the purposes hereinabove set forth; provided, however, that the Town may pay the costs and expenses of any proceeding instituted for the fore.plosure of any tax certificate/or l~en of any special assessment, sub- j~ct to control by the parties of the first part. (g) Such bonds are to be validated by the Town of LoyL~ton in the Circuit Court of Palm Beach County, in accordance with th~ laws in such cases made and provideu, and th~ Town shall furnish, prior to the delivery of such bonds, an opinion by an attorney who is recognized as an authority upon municipal bonds,and whose opinion is generally acceptable upon such subjects, duly approving the validity of the proceedings leading up to and culminatinr~~ in tho issue and delive~ of such bonds. ~ (h) The par~ies of the first part agree to ~y one- third (1/~) of the expense nscessary to obtain the approving opinion above refer~ed to. (1) '~en the new bo~ds are ready for delivery and have been cali~atsd and approved, ss above set forth, the Town will deposit tn~ same, duly executed, with the Central Trust Company of Cincin ati, or some other agency which may be desi?- ~'mtsd by the ~rtiss of the first 9art, for the delivery to the parties of th~ first par~t and to any other holders of bonds and other.security to b~ r~funded, to b~ exchanged for a corrsspona- lng r~leas~ of the outstanding obligations of said Town held by them. III. That the parties of the first part s?ree, that when the Town shall have delivered the bonds in the amounts specified, to Central Trust Company of Cincinnati, or ~ther agency as above set fo~h, duly executed, iss sa., ~alidated and approwsd, they will deliver to the said Central Trust Company or other sgency the securities and obligations of the To~n~ held or represented by them fop such exchange, or will deliver to the Town any hecessary releases or discharge, of the same from its further liability to the parties of the first part for the other portion of the debt so held by the par%isa of the first part, and will look to the Town of Eoynton Beach fop the payment of the balance oEling to them, in accordance with the Ch~rter of said Town and th~ statutes relating thereto. IN WITNESS WHEREOF, the parties her.~to have hereunto set their han~s and seals, the day and ye..~r first above mentioned. CITY OF [OYNTOI~'. FLORIDA, £ONDHOLDERS PROTECTIVE~ ' C OMMITT~]E (Signed) HENRY E. POOR ([ligned) H.W. PITKIN BY PALM BEACH CO~PANY (Signed) GEORGE T. CLAR~ (Parties of the finest part) Signed, sealed and delivered ~n the prssonce of: W.F. FINCH ~M. P. So~&ER~ILLE ~B to parbie~ of first part TOWN OF EOY~TON ( Signed ) H .D. STEVENS Mayor ATTEST: (Signe~) .. J.P. E OWEN City Clerk (Parties of second part)