FOURTH AMENDMENT TO JOINT PARTICIPATION AGREEMENT REGARDING CLEARWATER MEMORIAL CAUSEWAY EAST BRIDGE
JEB BUSH
GOVERNOR
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Florida Department of Transportation
11201 N. McKINLEY DRIVE * TAMPA, FL 33612-6456 * (813)975-6000 * 1-800-226-7220
District Seven Modal Planning and Development · 7-500 * (813) 975-6000
THOMAS F. BARRY, JR.
SECRETARY
February 27, 2003
Ms. Mahshid Arasteh
Public Works Administrator
City of Clearwater
Clearwater, FL 33758-4748
RE: Joint Participation Agreement (JP A) Fourth Amendment
Clearwater Memorial Bridge FPN: 257093 1
Dear Ms. Arasteh:
Enclosed for your records is an original signature of the fourth amendment for the Clearwater
Memorial Bridge Joint Participation Agreement (JP A) that was executed today. An original
signature of the Memorandum of Agreement (MOA) will be forwarded to your office upon
receipt from the Comptroller's Office. In addition, we have forwarded all required documents to
the Comptroller's Office to initiate payment to the City of Clearwater as indicated in the
amendment.
If you have any questions or concerns, please do not hesitate to call me at (813) 975-6434.
(]~cp- ~
Lawrence Taylor
District JP MAP Administrator
lawrence. taylor@dot.state.fl.us
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Clearwater Memorial Bridge
JP A Amendment Number 4
FPN: 257093 15201
FOURTH AMENDMENT TO THE JOINT PARTICIPATION AGREEMENT
CLEARWATER MEMORIAL CAUSEWAY EAST BRIDGE
THIS AGREEMENT, made and entered into thiszi"~ayofHg,eLJ.qILY ,2003 by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the
State of Florida, hereinafter referred to as the DEP AR TMENT, and the CITY OF CLEARWATER,
hereinafter referred to as the CITY.
WITNESSETH:
WHEREAS, on June 27, 1997, the DEPARTMENT and the CITY entered into a Joint
Participation Agreement, and on January 5, 2001 entered into a first amendment to the Joint
Participation Agreement, and entered into a second amendment to the Joint Participation Agreement
on June 19,2001, and a third amendment was entered into on November 2,2001 for the Clearwater
Memorial Causeway East Bridge Replacement, hereinafter referred to as the PROJECT; and
WHEREAS, the CITY has deposited $29,294,415 into an interest bearing escrow account
established by the DEPARTMENT for the PROJECT, with interest accruing to the PROJECT; and
WHEREAS, interest that has accrued to the PROJECT can be returned to the CITY to meet
its needs, upon request, if not otherwise needed for the cost overruns or supplemental agreements of
the PROJECT; and
WHEREAS, the DEPARTMENT concludes that as much as $310,000 is not needed for cost
overruns or supplemental agreements of the PROJECT; and
WHEREAS, the CITY, by Resolution No. f}~ -Ill, a copy of which is attached hereto and
by reference made a part hereof, has authorized its officers to execute this Fourth Amendment to the
Joint Participation Agreement on its behalf.
NOW, THEREFORE WITNESSETH: that for and in consideration of the mutual benefits
to flow from each to the other, the parties hereto agree that the above described Joint Participation
Agreement as amended is to be further amended as follows:
Paragraph Two (2), Page Two (2) of Amendment Three is amended to read as follows:
Clearwater Memorial Bridge
IP A Amendment Number 4
FPN: 257093 15201
The CITY will calculate the appropriate interest earnings for the DEP AR TMENT to apply to the
Project in a manner to maximize the available funds for the project while also meeting applicable
laws and regulations. The CITY may withdraw any interest earnings above this amount to be
used as appropriate under the Bond Resolution, and applicable laws and regulations. In addition,
the CITY may, upon request, withdraw interest earnings that have accrued to the PROJECT in an
amount not to exceed $310,000 (three hundred ten thousand dollars) to meet an immediate need
ofthe City. Notification of said amounts will be made to the DEPARTMENT by the CITY on
the attached Request For Interest Disbursement form within 30 days of quarterly notification of
interest earned. The CITY is responsible for ensuring that all Bond Resolution and applicable
laws and regulations are complied with related to the bond proceeds and interest earnings
associated with the bond proceeds.
Except as hereby modified, amended or changed, all other terms of said Agreement dated June 27th,
1997, the first amendment dated January 5,2001, the second amendment dated June 19,2001, and
the third amendment dated November 2,2001 shall remain in full force and effect.
Clearwater Memorial Bridge
JP A Amendment Number 4
FPN: 257093 1 5201
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day
and year first above written.
CITY OF CLEARWATER
DEPARTMENT OF TRANSPORTATION
~.J_~._-rt
WILLIAM B. HORNE, II
CITY MANAGER
D4~W
DIRECTOROFPLANNINGIPRODUCTION
CYNTHIAE. GOU
CITY CLERK
APPROVED AS TO FORM
APPROVED AS TO FORM, LEGALITY
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DEPARTMENT OF TRANSPORTATION
PJ.;t
PAMELA K. AKIN
CITY ATTORNEY
RESOLUTION NO. 03-14
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF THE FOURTH AMENDMENT
TO THE JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY
OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION, TO CONSTRUCT A NEW MEMORIAL
CAUSEWAY EAST BRIDGE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 27, 1997, the City Commission approved the Joint
Participation Agreement (JPA) between the Florida Department of Transportation (FOOT)
and the City of Clearwater for the design, right-of-way acquisition and construction of the
Memorial Causeway Bridge replacement. This JPA was amended in January 2001 to
recognize $12 mil/ion in federal funding, again in June 2001 to recognize an additional
$8,770,662 in federal funding, and again in November 2001 to reflect the actual
construction bid costs; and
WHEREAS, the City will incur additional costs relating to the complete
purchase of the WT AN radio property, such costs to be paid from interest earnings on the
City's advance cash deposit to FOOT for the bridge construction; and
WHEREAS, it is necessary to amend the JPA to authorize FOOT to return
these interest earnings to the City; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the fourth
amendment to the Joint Participation Agreement between the City of Clearwater and the
Florida Department of Transportation and authorizes the execution of the same.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 20th
Approved as to form:
f.1 f. d
City Attorney
Attest:
~~~4H
.~'Cynthia E. Gou au
I hereby cerlify that this is a true and C- City Clerk
(orrecl copy of Ibe original as il appears
in the file!> of the City of Clearwater.
~Witn...ss )Il~nd~nd. f. ficial seal of
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Resolution No.
03-14