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FINANCIAL ADVISORS AGREEMENT (2) ...~! 'I City of Clearwater Financial Advisor's Agreement This Agreement made the ~~y of ~~k, 1997, by and between the City of Clearwater, Florida, hereinafter referred to as the "City", d FITst Umon CapItal Markets Corp., St. Petersburg, Flonda, hereinafter referred to as "FUCMC"; Witnesseth: Whereas, the attached Financial Advisor's Agreement dated the 23rd day of July, 1997, between the City and First Union Capital Markets Corp. Requires the City's approval if the total amount of compensation exceeds $25,000.00; and Whereas, the final tennination date of the attached agreement is May 5th, 1998, and Whereas, the City is currently engaged in a capital fonnation and debt refinancing program for the City's Gas System which tnight result in FUCMC receiving compensation in excess of $25,000.00 and Whereas, the debt refinancing portion of the aforementioned financing program tnight not be complete until a date later than May 5, 1998. Now therefore in consideration of the foregoing, the parties agree as follows: The total compensation cap of $25,000.00 is hereby removed so long as the compensation is otherwise detennined as outlined in the attached Agreement. This Agreement shall be in full force and effect until the later of the 5th of May, 1998, or the completion of the current debt refinancing program for the City's Gas System, provided, however, that the City shall have the option, at any time during this period and within it's sole discretion to tenninate this Agreement, to be effective upon receipt by FUCMC of written notice at least thirty (30) days prior to any such tennination. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. Fint17n Capir M.r~~~ ~~",~~-, David R. Thornton Vice President .ty of Clearwater, Florida Rita Garvey Mayor-Commissioner 1ffi~onn Pamela K. Akin City Attorney Attest: ~fJL ~~.~. Goudea~ CIty &terk, _ , . &')CLo - ~/ /) I'r-['( v',<. ",./ /- (2)