03-14
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 million 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:
flk-l
City Attorney
Attest:
~~~
~ynthia E. Gou _~. au
~ - City Clerk.
-..RastJlution No. 03-14
Clearwater Memorial Bridge
JP A Amendment Number 4
FPN: 257093 I 52 01
FOURTH AMENDMENT TO THE JOINT PARTICIPATION AGREEMENT
CLEARWATER MEMORIAL CAUSEWAY EAST BRIDGE
THIS AGREEMENT, made and entered into this _ day of , 2003 by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency ofthe
State of Florida, hereinafter referred to as the DEPARTMENT, and the CITY OF CLEAR WATER,
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. , 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:
ClealWater Memorial Bridge
JP A Amendment Number 4
FPN: 257093 15201
The CITY will calculate the appropriate interest earnings for the DEPARTMENT 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
of the 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 15201
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
~-..~....a,-X
WILLIAM B. HORNE, II
CITY MANAGER
DONALD J. SKELTON, P.E.
DIRECTOROFPLANNINGIPRODUCTION
APPROVED AS TO FORM
APPROVED AS TO FORM, LEGALITY
illJ
PAMELA K. AKIN
CITY ATTORNEY
ATTORNEY
DEPARTMENT OF TRANSPORTATION
Clearwater Memo.ial Bridge
Fourth Amendment MOA
City of Clearwater
257093 I 5201
MEMORANDUM OF AGREEMENT
AMENDMENT FOUR
THIS AGREEMENT, made and entered into this , day of ,2003, by and
between the State of Florid a, Department of Transportation, hereinafter referred to as "Department"
and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred
to as "Treasury" and the City of Clearwater, hereinafter referred to as the "Participant".
WITNESSETH:
WHEREAS, the Participant, the Department and the Treasury entered into a Memorandum of
Agreement dated June 27, 1997, and on January 5, 2001 entered into a first amendment to the
Memorandum of Agreement, a second amendment on June 28, 2001, and a third amendment on
January 17, 2002, hereinafter referred to as the "MOA". The following is the project information:
Financial Project No. :257093 1 52 01
County: Pinellas
NOW THEREFORE, in consideration of the premises and the covenants contained herein,
the parties agree to the following:
Item Number 2 (Two) of Memorandum of Agreement Amendment Number Three is
amended as follows:
A "Request for Interest Disbursement Form", provided to the Participant by the Department, shall be
submitted to the Department's Comptroller to notify the Department of the amount of interest to
remain in the escrow account for the purposes of the project as defined in the MOA, and the amount
to be released to the Participant to be used as appropriate under the Bond Resolution, and applicable
laws, rules and regulations. Additionally, interest earnings not to exceed $310,000 (three hundred
ten thousand dollars) shall be returned to the CITY upon request, if not needed for cost overruns or
supplemental agreements, to meet the CITY's needs.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF TREASURY
Cleanvaler Memorial Bridge
Fourth Amendment MOA
City of Clem water
257093 1 5201
~-=a.~-u
WILLIAM B. HORNE, II
CITY MANAGER
P.O.BOX4748
CLEARWATER, FL 34618
CYNTHIA E. GOU
CITY CLERK
FEDERAL EMPLOYER ill NUMBER
APPROVED AS TO FORM
p!d-LAtL
CITY ATTORNEY