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03-33 ~ !l!' 110 RESOLUTION NO. 03-33 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A DISTRICT SEVEN OFF SYSTEM MAINTENANCE AGREEMENT AND LETTER OF UNDERSTANDING BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the best interest of both the City of Clearwater (CITY) and the Florida Department of Transportation (FOOT) to enter into both the District Seven Off System Maintenance Agreement and the Letter of Understanding; and WHEREAS, the CITY owns lands on which the FOOT will construct FOOT Project number 406256-1-52-01 (PROJECT), which is an East-West Trail from Coopers Bayou to the Clearwater City Limits; and WHEREAS, Federal Fundin~ will be expended for the PROJECT under the Transportation Equity Act for the 21$ Century (TEA-21); and WHEREAS, under 23 U.S.C. 116, the federal government requires assurance that the State either maintain the Project for which it receivesTEA-21 federal funding, or enter into formal agreement for maintenance of the PROJECT with the municipality where the PROJECT is located; and WHEREAS, the Letter of Understanding is intended to define the responsibilities and commitments of the FOOT and the CITY with respect to the construction of the PROJECT, and the Agreement is intended to define the responsibilities and commitments of the CITY with respect to the maintenance of the PROJECT; 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 District Seven Off System Maintenance Agreement and the Letter of Understanding between the CITY and FOOT. Section 2. The City Commission hereby authorizes the City Manager to execute the District Seven Off System Maintenance Agreement and Letter of Understanding described in the Resolution. Section 3. This resolution shall take effect immediately upon adoption. Resolution No. 03-33 . " PASSED AND ADOPTED this 2nd Approved as to form: 42- , Laura Lipowski Assistant City Attorney day of October ,2003. sriaf rJfA -- Ma~~iSSioner Attest: -L thia E. Goudeau ~.-- - Clerk 2 Resolution No. 03-33