The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1914-07-14

Il "A IL
1914, WITNESSETH;
WHEREAS, the parties Of the sec
ond part have suggested to the party
or the hrst part that it has title to
certain property in the state Of Florida
and are willing to undertake to re-
cover the fee simple title to such of
said property that is held or claimed
adversely to said city, and as may
be recoverable, and to reduce the same
10 the actual quiet and peaceable pos
session OF the city, free of and from
all encumbrances, liens, charges and
cla1ms or every name and nature
whatsoever enforceable at law or in
equity. upon the following conditions,
VIZ: The parties of the second part
agree to bear all expenses of inVes-
tlgatlon and the prosecution - all
actons at law and in equity and cry
other expense of every nature and
KIND connected with said investigation
ana I.lsatlon' ana as may be neces-
sary to reduce the property to the
actual quiet and peaceab1e possession
OF the city of Pensa cola. as aforesaid
and to push said investigation and
all litigation to final adjudication as
fast as the eXigencies of the case will
warrant. for the remuneration of fifty
per cent according to value of the
property actually recovered or cash
amounting to fifty per cent Of the
value of said property
'The said city of Pensacola hereby
agrees upon the recovery by the said
parties of the second part, whether by
suit, compromise or otherwise, of any
property other than the described in
a memorandum hereto attached TO
deed to said parties of the second part
or their assigns in full remuneration
for all things done. or caused to be
done by them, under this agreement
one-half according to value) of any
such property actually recovered, or.
at its option. to pay to them in cash
fifty per cent of the value Of the said
property so recovered
In consideration of the premises
1t is hereby mutually agreed by and
between the parties hereto as follows:
That said parties of the second part
shall within six months after the date
hereof file in the office Of the clerk OF
the city of Pensacola a statement Civ
ing an accurate description of each
parcel of land which they shall I'M
dertake to recover for said city under
the terms Of this contract:
THAT the commissioners of the city
of Pensacola shall have the right at
any time within one year after the
filing of the aforesaid statement to
designate any other property not in
cluded therein. which it shall be the
duty of said parties Of the second part
to recover and reduce to possession
OF Sdlu CITY, SUBJECT 10 each anu all
the terms and conditions Of this con-
tract.
THAT within one year after the fill
ing of the aforesaid statement said
parties of the second part shall cause
to be instituted on behalf of the city
of Pensacola proper suits at law or
in equity or take such other action
as may be necessary to recover the
title and to reduce to the possession
of said city each and all of the lots,
parcels of land or other property de-
scribed in the aforesaid statement, the
title to which shall not be otherwise
quoted.
That the said parties Of the second
part shall be liable for and shall in
demnify and hold harmless the city
of Pensacola and its commissioners
for any and all costs, expenses and
damages of every kind which shall
be incurred or arise by reason Of the
making of this agreement or any act
or thing done Hereunder. including
court costs and attorneys fees in all
actions brought either in the name Of
or against the city of Pensacola. or
any of it's officers on account Of the
making Of this contract.
THAT the board Of commissioners
or a majority of them, may compro-
mise any suit, proceeding. controversy
or claim with any adverse claimant as
to any Of the lands covered by this
agreement, but In the event OF any
compromise which shall be consented
to by the said Parties of the second
part, they shall be entitled to receive
from the city the same remuneration
that they would be entitled to if the
property involved in such compromise
had been recovered by them for the
city by suit, or otherwise.
THAT in event the said parties of
the second part shall be advised by
reputable counsel that the right or
claim of the city of Pensacola in or
to any of the property described in
the statement filed by them within
six months after the date hereof. as
hereinbefore provided, or to any Of
the land designated by the commits
sioners within one year after the fill
ing of said statement, Is of such
doubtful chara cter as not to justify
suit and so as to be unjust to present
claimant to put him to the expense
of litigation, that in that event the
said parties of the second part shall
not be obligated by the terms of this
agreement to take any action either
by suit or otherwise for the recovery
of such property, provided that said
parties of the second part shall file
with the commissioners the written
opinion of said counsel together with
a statement of all the facts upon
which the same is based.
That nothing in this agree
ment shall bind the said parties Of
the second part absolutely to recover
possession of or acquire title to any of