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HomeMy WebLinkAboutNorth Orlando Company and Village of North Orlando-1965 A G R E E M E N T THIS AGREEMENT, made and entered into this T day of , 1965, by and between THE NORTH ORLANDO COMPANY, hereinafter called the Company , and the VILLAGE OF NORTH ORLANDO, FLORIDA , a municipal corporation, hereinafter called the Village , WITNESSETH: THAT WHEREAS the Village and the Company have entered into a franchise for the operation of a water and sewage collection and disposal system within the Village of North Orlando, Florida , said franchise being designated as Ordinance #10 of the Village of North Orlando, Florida , and WHEREAS the franchise provides under Section 9 for the rights and charges payable to the town and also provides that said commissions due the town shall not be paid until such time as the obligation of the Village to the Company has been paid in full and WHEREAS the Village and the Company are desirous of amending and modifying this provision regarding the payment of the franchise commission , NOW, THEREFORE, in consideration of the sum of One Dollar each to the other paid , the receipt of which is hereby acknowledged , it is agreed as follows: 1. That the commission payable to the Village under Section 13 of Ordinance 10 in the amount of 3 % shall be paid -1- and distributed as follows: (a) One-half of the 3 % at the end of each account- ing period shall be paid to the Village to be used by the Village for use in connection with the financing of a municipal hall. The remaining one-half of the commission provided under Section 13 of said ordinance shall be retained by the Company and applied against the indebtedness of the Village to the Company until such time as said indebtedness is paid in full. It is acknowledged by the parties hereto that the indebtedness at the time of the execution of this Agreement is in the amount of ,e i u__......� � <F4„s?vo ,..,.. Upon payment of the indebtedness to the Company by the Village in full as provided hereinabove , then the total amount of the commission under said franchise due the Village in the amount of 3 % shall be paid to the Village and the Company shall no longer be authorized to retain any portion of said amount . It is agreed by and between the parties that this Agreement shall be effective and remain in effect only until such time as the indebtedness in the amount of '4097.49 has been paid in full. The Company agrees that yearly it will provide to the Village a statement of account reflecting the previous balance , the application of one-half of 3 % as agreed herein, and the present balance due to the Company. IN WITNESS WHEREOF the North Orlando Company has hereunto set its hand and seal this /1-- day of � '�T �Y , _L_ 1965. THE NORTH ORLANDO COMPANY BY: Attest: r" -Si . c%-.1 , SeeTetary---- -- S EA L: IN WITNESS WHEREOF the Village of North Orlando, Florida , a municipal corporation, has hereunto set its hand and seal this day of , 1965. THE VILLAGE OF NORTH ORLANDO BY: _ 2'l j d/E-c- Attest: Vil age erk SEAL: STATE OF NEW YORK COUNTY OF CHAUTAUQUA Before me personally appeared F. Wm. Gregory -3- and S, D. oberts , to me well known , and known to me to be the individuals described in and who executed the foregoing agreement as President and Secretary of the above named NORTH ORLANDO COMPANY, a corpora- tion, and severally acknowledged to and before me that they executed such instrument as such President and Secretary, respectively , of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said cor- poration and that it was affixed to said instrument by due and regular corporate authority , and that said instrument is the free act and deed of said corporation, WITNESS my hand and official seal, this 1st day of October , 1965. Notary Public PAUL A. McCABE Norory Wen Mato of Nom Yom Ouulto.d In Ed.County STATE OF FLORIDA My Cow.ydou ExpiExpires, arto Da COUNTY OF SEMINOLE Before me personally appeared David G. Tilson and Helen Green , to me well known, and known to me to be the individuals described in and who executed the foregoing agreement as Mayor and Village Clerk of the above named VILLAGE OF NORTH ORLANDO, a municipal corporation , and severally acknowledged to and before me that they executed such instrument as such Mayor and Village Clerk, respectively, of said corporation and that the seal affixed -4- to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corporation. WITNESS my hand and official seal, this 3 day of November , 1965. o ary Public Shp C -5-