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MEMORANDUM OF AGREEMENT ..... ". I I Exhibit A 5/92 Page 1 of 4 EXHIB IT "A II MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this -'3.-rh day~; 199~, by and between the State of Florida, Department of Transportation, hereinafter referred to as "DOT" and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasurer" and The City of Oemwater Gas, hereinafter referred to as the "Participant". WITNESSETH \VHEREAS, "DOT" is currently constructing the following project: State Proj e.ct No: 15030-3526/6528 F.A.P. No: XU-1414(16) W.P.I. No: 7116978 County: PINELLAS hereinafter referred to as the "Proj ect". WHEREAS, DOT and the Participant entered into a Joint Participation Agreement dated Ap12IL4., 1994, wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the DOT and the .Participant if an escrow account were established to provide funds for the additional work performed on the Project on behalf of the Participant by DOT. 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 S 340,000.00 three hundred fourty ( thousand dollars) will be made by the "Participant" into an escrow account. Said escrow account will be opened by DOT on behalf of the Participant in the name of the Florida Department of Transportation with the Department of illstIrance, Division of Treasury, Bureau of Collateral Securities upon receipt of this Memorandum of Agreement. Such account will be opened and shall be deemed an asset of DOT. ca;~ ~ . (\ ('i;') .. ~. . . I I . . Exhibit A 5/92 Page 2 of 4 2. Other deposits will be made only by the Participant as necessary to cover the cost of the gas line work prior to the execution of any Supplemental Agreements. 3. All deposits shall be made payable to the Department of Insurance. Revenue Processing and mailed to the DOT Office of Comptroller for appropriate processing at the following address: FLORIDA DEPARTMENT OF lRANSPORTATION Office of Comptroller (M.S. 24) 605 Suwannee Street Tallahassee, Florida 32399-0450 AnN: JPA Coordinator A copy of this Agreement shall accompany the deposits. 4. The DOT's Comptroller and/or his designees shall be the sole signatories on the escrow account with Department of Insurance and shall have sole aut~ority 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 JP A. 6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT. 7. The TreaSurer's.Office further agrees to provide periodic reports to the DOT. . -;. " '. Exlli'bit A I I 5/92 Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRAN BY: (SEAL) Director ATTEST: ~ Approved as to Form, Execution, and Legality: ~~ Department Attorney ===================================================--===--================ STATE OF FLORIDA DEPARTI.1ENT OF INSURANCE DIVISION OF TREASURY BY: ~ l{(~?(SEAL) TITLE: 5W~. d/l.4'hUt'l'-1/ttu..# () ()~ n ATTEST: ~O,'.Pl. t ~{l..lr.1oUnt.L<t"" TITLE: ~ (' (J 0>-1 (fYI j Ol~ :rrr:. ======================================================================= STATE OF FLORIDA DEPARTME OF TRANSPORTATION BY: (SEAL) A::~~ =======================================================================~ , ~ I I Exhibit A 5/92 Page 4 of 4 (Participant) BY: (SEAL) TITLE: ATTEST: TITLE: PARTICIPANT ADDRESS: " ===============================================--============-1-======== I FEDERAL TAX I.D. -" ..... I I EXHIBIT A CITY SIGNATURE PAGE - Joint Project Agreement between the State of Florida Department of Transportatlon and the City of Clearwater - Project #15030-3526/6528 (State Road 686). Countersigned : CITY OF CLEARWATER, FLORIDA Rita Garvey Mayor-Com missioner By: if 1;'1 7t--a- ELI ~ 8~TH Itt. ~ D ula .~ctiRI3 City Manager :LA/nail-I.." A pproved as to form and correctness: Attest: -=. ~ - C~- f:l,.~ -CD - M. A. Galbraith, if.' City Attorney PARTICIPANT ADDRESS: City of Clearwater/ Clearwater Gas System 400 N. Myrtle A yen ue Clearwater, FL)4615 FEDERAL TAX LD. 59-6000289 TO: FROM: COPIES: SUBJECT: DATE: I I CLEARWA TER GAS SYSTEM Interoffice Correspondence Sheet Cyndie Goudeau, City Clerk ~ ~' J. Terry Neenan, Asst. Oi,. CGS/Supply & QPe,ations"t \ 11 Kelly O'Brien, Design Drafting Technician ORIGINAL EXECUTED AGREEMENT April 29, 1994 Attached please one (1) fully executed original Memorandum of Agreement for the East Bay Drive JPA for your records. If you have any questions, please contact Les Riedt at extension 6630. Thank you. JTN/sh Attachment DECEIVED MAY 0 3 1.Ge:., ClfY CI.:::'" - ''''~Illr. . ....,jj." wl:r . .1 LAWTON CnlLES GOVERNOR :'1 DEPARTMENT - - . - -- - OF ~RMISPOKTATION BEN G. WATTS 11201 N. McKinley Drive, WS 7_82BECRETARY Tampa, Florida 33612 (813) 975-6040 April 19, 1994 Clearwater Gas Systems Mr. James Lewin 400 N. Myrtle Clearwater, FL 34615 SECTION: 15030-3526 JPA NO.: 15030-6528 WPI NO: 7116978 SR: 686 COUNTY: PINELLAS DESCRIPTION: EAST BAY DRIVE FROM BELCHER TO HIGHLAND Dear Mr. Lewin, Weare enclosing your copy of the executed Memorandum of Agreement for utility installation by the Highway Contractor. Thank you for your cooperation in this phase of the negotiation, and we will be keeping you abreast as the remaining phases take place... If you have any questions regarding this project, don't hesitate to call me. Respectfully, By: Steven 1. Tidwell District Utility Engineer i!~~ J. WJ( Kimberly S. il y r Assistant Utili ngineer CJ form# 16 Enclosure xc: Marc Knapp, District Const. Services Engineer Dorion Ogle, Resident Construction Engineer Bob Griner, Preliminary Estimates, Central Office Project File mRECYCLED ~PAPER