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MEMORANDUM OF AGREEMENT FINANCIAL PROJECT NUMBER: 257050-1-56-03 (LOCALLY FUNDED AGREEMENT) ;r .1 MEMORANDUM OF AGREEMENT I r'!"lh 0 3 ~ L - THIS AGREEMENT, made and entered into this I '1T~ . day of No\J15M6E1f200Y, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOr' and the State of Florida, Department of Financial Services, Division of Treasury and City of Clearwater Gas System, hereinafter referred to as the "Participant". ...... WITNESSETH WHEREAS, "FOOr' is currently constructing the following project: Financial Project Number: 257050-1-56-03 County: PINELLAS hereinafter referred to as the "Project". NOTE: ONLY THE NEXT lWO PARAGRAPHS MAY BE MODIFIED AS APPROPRIATE WITHOUT PRIOR APPROVAL OF FDOrS COMPTROLLER. WHEREAS, FOOT and the Participant entered into a Locally Funded Agreement dated ~ tj J . 2.06.3 , wherein DOT agreed to perform certain work on behalf of the Participanf In conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FOOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FOOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of $ 321.160.50 (Three hundred twenty one thousand one hundred sixty --- dollars and fifty cents) will be made by the Participant into an interest bearing escrow account established by the FOOT for the purposes of the project. Said escrow account will be opened with the Oepartment of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of the FOOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FOOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements. f , . 3. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller 3717 Apalachee Parkway, Suite B Mail Station 24 Tallahassee, Florida 32311 ATTN: LFA Section A copy of this Agreement should accompany any deposits. When the check is mailed to Tallahassee, the District Office should instruct the Participant to mail the District Office a copy of the check. 4. The FDOTs Comptroller and/or her designees shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA. 6. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT. 7. The Department of Financial Services further agrees to provide periodic ~e ., rts to th,e FDOT. -'~-~ ~~ $I TE F FLORIDA -~ STATE OF FLOI&bA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES COMPTROLLER DIVISION OF TREASURY ~M- d.~~z L/~~iGNATURE Approved as to form: William B. Horne, II City Manager "-.. "'-- Attest: E ~Q.D L-_ Goudeau, City Clerk PARTICIPANT NAME & TITLE 112 S. Osceola Avenue Clearwater, Florida 33756 PARTICIPANT ADDRESS 59-6000289 FEDERALEMPLOYERLD.NUMBER ~ Florida Department of Transportation JEB BUSH GOVERNOR 11201 N. McKinley Drive. Tampa, FL 33612-6456. Phone (813)975-6000.800-226-7220 District Utilities MS 7 -820 December 1, 2004 Mr. Tom Robertson Clearwater Gas Systems, Inc. 400 N. Myrtle Avenue Clearwater, Fl. 33755 RE: FPN: 257050IWPI No. 7117138/ Pinellas County: Description: SR 688(Ulmerton Rd.) from Oakhurst to 119th Dear Mr. Robertson: We are enclosing your original of the executed Memorandum of Agreement. If you have any questions regarding this project, don't hesitate to call me. Sincerely, Cecil Williams Utility Construction Coordinator www.dot.state.fl.us JOSE ABREU SECRETARY * RECYCLED PAPER