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THIS AGREEMENT, made and entered into this , day of <br />200 , by and between the State of Florida, Department of Transportation, hereinafter <br />referred to as "FDOT" and the State of Florida, Department of Financial Services, Division <br />of Treasury and INDIAN RIVER COUNTY hereinafter referred to as the "Participant". <br />WHEREAS, "FDOT" is currently constructing the following project: <br />Financial Project Number: 228627-1-32-02, 228627-1-52-01, <br />& 228627=1-62-01 <br />County: INDIAN RIVER <br />hereinafter referred to as the "Project". <br />WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement <br />(LFA) dated , wherein DOT agreed to perform <br />certain work on behalf of the Participant in conjunction with the Project. <br />WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the <br />best interest of the FDOT and the Participant to establish an interest bearing escrow <br />account to provide funds for the work performed on the Project on behalf of the Participant <br />by the FDOT. <br />NOW THEREFORE, in consideration of the premises and the covenants contained <br />herein, the parties agree to the following. <br />1. FDOT and the PARTICIPANT agree that the recitals set forth above are true <br />and correct and deemed incorporated herein. <br />2. An initial deposit in the amount of THREE MILLION FOUR HUNDRED <br />SIXTY SIX THOUSAND NINE HUNDRED SIXTY DOLLARS AND TEN <br />CENTS ($3,466,960.10) will be made by the Participant into an interest <br />bearing escrow account established by the FDOT for the purposes of the <br />Project. Subsequent deposits will be made into the account in accordance <br />with the Locally Funded Agreement. Said escrow account will be opened with <br />the Department of Financial Services, Division of Treasury, Bureau of <br />Collateral Management on behalf of the FDOT upon receipt of this <br />Memorandum of Agreement. Such account will be an asset of FDOT. <br />3. Other deposits will be made only by the Participant as necessary to cover the <br />cost of additional work prior to the execution of any Supplemental <br />Agreements. <br />