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CUSTODIAL ACCOUNT - BARNETT BANK (2) ....~.'...~... .,. '- ~ (0:.- . y. '- .... I I APR 05 1979 CUSTODIAL ACCOUNT AGREEMENT :i THIS AGREEllENT, made, executed and delivered in duplication this ~ _._ day of ~~ ' 1979, by and bet"een the CITY OF CLEARWATER EMPLOYEES PENSION FUND, hereinafter called Owner, and BARNETT BANKS TRUST COMPANY, N.A., here- inafter called Bank: WITNESSETH: 1. CUSTODY AND REMITTANCE OF INCOME: Bank agrees to hold and safely keep, as agent for O~"mei.:-, suc.h stocks, money ~ certificates, bonds and other securities as may be delivered to it by or for the accounts of Owner and to collect the income, interest and dividends paid in cash on the property held by it pursuant to this agreement and the same will be paid or credited to Owner in the follow- ing manner: ,. Separate accounts will be established for each Investment Manager named in 4 below or hereafter appointed by Owner. All receipts will be credited to the account "hich generates the income, or if new money is depodited by Chimer for the Investment Manager accounts, pursuant to instructions of the Owner. All cash coming into Invest- ment Manager accounts will be deposited immediately in a savings account in the name of the appropriate Hanager account pending . instructions from the Investment Manager. 2, PRINCIPAL CASH AND DIVIDENDS IN KIND: All principal cash received or collected, and any stock dividends or other dividends in kind paid or received in respect to the property in these accounts will be credited to appropriate Manager Account or Accounts in the manner prescl~ibed in 1. above. 3, RESIDENCE: Owner is an incorporated"City in.the State of Florida, 4. INVESTMENT MANAGERS: 1. The Investment Counsel of the Southeast Southeast National Bank Building 20l East Pine, Orlando, Florida 3280l, 2. Loomis, Sayles & Co" Inc. Investment Counsel 888 l7th Street NW Washington, D, C. 20006, are hereby designated by Owner as Investment Managers for these accounts. investment Manager shall have all the powers and authority of Owner and Bank is authorized and directed to follow the instructions of such Investment Mana- gers. The disignation of the Investment Managers may be changed by an amendment to this.agreement signed by both Owner and Bank, 5. STATMENTS: Statements of principal and income will be. submitted to Owner and Investment Managers monthly. 6. INVESTMENT POWERS: Bank will carry out the instructions of each Investment Manager in writing and received by Bank, regarding all investments, the purchase, sale, or exchange of any securities or other property held in that Manager's ac- count under this agreement. Bank is authorized to use for the purchase of any security or property directed by any Investment Manager, any uninvested funds held in r.hat Hanager account under this agr-ccment on -behal_f _ of __Owner ~ Fun d,s_ ___u of the separate Manager accounts will not be cornmiu81ed for this Oj~ any purpose. 7. INVESTMENT VALUATIONS: Bank will prepare and furnish to Owner and Investment Nanagers a report of the property in each account sho't..ying units) descriptions, carrying values, estimated income and estimated market values on a quarterly basis, Such information will be on the form used for this purpose by Bank and will show valuations as of the end of the month prior to date prepared. Reports will be prepared as of the end 'of any other months, if arranged in "dvance. Properties I<'fll be carried on the books at values furnished by Owner or at cost if purchased for the account. . -l- _").I~' :,', ).' '.' (./') .-~/~. ,"'; ", L. ~- ------ "..:'""..- , ;~ .~ I I '- , 8, REGISTRATION: All securiti.es held under thi.s agreement which required registration may be?, registered in O.....rner I s name or Bank's nominee. 9, VOTING: voting, but Bank Bank shall be under no ol.,ligation whatsoev'er with respect to the or faIlure to do so, of any stock or other. securities hereunder, will vote proxies on "~'Titten instructlons of Investment Hanagers. lO. REPORTS: Bank will furnish to Owner as soon as practicable after the end of each calenda.r quarter, a report of all sales in each account made during the preceding quarter showing carrying value and net p~oceeds of sale~ ll. INDEHNITY: All actions taken by Bank under the terms of this agreement shall be for the account and at the risk of Owner. l2. FEE: Charges will be based upon the aggregate of the two Manager accounts as follows, $3 per $l,OOO on the first $500,000 $2 per $l,OOO on the next $500,000 $l per $l,OOO on all assets over $l million Minimum annual fee, $500 . Additionally a reasonable charge may be made for unusual assets, activities and 'distribution costs. Billings ,for fees will be forwarded to the City of Clearwater Employees Pension Fund in care of the City Treasurer, City Hall, Post Office Box 4748, ll2 South Osceola Avenue, Clearwater, Florida 335l8, for direct payment. 13. AMENDMENT AND MODIFICATION: modified at any time in such between Bank and ~mer. This agreement may be altered, amended manner as may be mutually agreed upon or l4, WITHDRAWAL AND,TErolIN~rION: Owner may withdraw any or all of the property held hereunder,by Bank and either party hereto may terminate this agreement upon receipt by the other party of written notice of such withdrawal or termination. 15. SPECIAL AGREEMENT OR INSTRUCTIONS: In the matters of Rights, Fractional shares, Savings accounts, Bank will act only in accordance wi.th instruc- tions of Investment Managers named in Paragraph 4 above or hereafter appointed by OWller~ IN WITNESS HHEREOF the parties hereto have set their hands and seals the day and year first above written. At test, '1 _' '.;:- '. ::":'a~ ~i'Y ""'0' rt.. ;'U,-'~ Lv.li.. -' City' Clerk BARNETT BANKS TRUST COMPANY, N,A, Witnesses: By ?~Ii_.,./t. -If'~ '1 1::~t;>i~;"~ As to City ~~fL a ' -', ____ , As to Barnett Bank -2-