08/21/2024 Three-Party Escrow Agreement °,,I COURJB'
Kevin Madok, CPA
5ts
cOUNSy 4 Clerk of the Circuit Court& Comptroller Monroe County, Florida
DATE: September 20, 2024
TO: Judith Clarke, PE, Director Engineering/Roads & Bridges
ATTN: Samantha Yeoman
Executive Assistant
FROM: Liz Yongue, Deputy Clerk
SUBJECT: August 21, 2024 BOCC Meeting
The following item has been executed and added to the record:
C5 Resolution 240-2024 for approval of a Locally Funded Agreement (LFA) and a
Three-Party Escrow Agreement with Florida Department of Transportation (FDOT)for the
Card Sound Bridge (#904990)Project Development and Environment(PD&E) Study, which will
be administered by FDOT and funded through the LFA with a federal appropriation in the
amount of$1,863,000 and local funds in the amount of$1,447,800 for a total estimated cost of
$3,310,800.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Docusign Envelope ID:96059710-C131E-45A3-9A6C-5295E9228221
THREE PARTY ESCROW AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Florida,
Department of Transportation ("FDOT"), Monroe County ("Participant"), and the State of Florida,
Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become
effective upon the Agreement's execution by Escrow Agent.
WHEREAS, FDOT and Participant are engaged in the following project("Project"):
Project Name: CARD SOUND ROAD BRIDGE FROM MILEPOST 5 TO MILEPOST 6.242
Project#: 453765-1-22-01
County: Monroe
WHEREAS, FDOT and Participant desire to establish an escrow account for the project.
NOW THEREFORE, in consideration of the premises and the covenants contained herein,
the parties agree to the following:
1. An initial deposit will be made into an interest bearing escrow account established
hereunder for the purposes of the Project. The escrow account will be opened with
the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of
this Agreement.
2. Other deposits to the escrow account may be made during the life of this
agreement.
3. Deposits will be delivered in accordance with instructions provided by the Escrow
Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH
deposit is the preferred method of payment and should be used whenever possible.
4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account
with the Escrow Agent and shall have sole authority to authorize withdrawals from
the account. Withdrawals will only be made to FDOT or the Participant in
accordance with the instructions provided to the Escrow Agent by FDOT's
Comptroller or designee.
5. Moneys in the escrow account will be invested in accordance with section 17.61,
Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income
is only earned on the moneys while invested. There is no guaranteed rate of
return. Investments in the escrow account will be assessed a fee in accordance with
Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to
the escrow account.
6. Unless instructed otherwise by FDOT,all interest accumulated in the escrow account
Docusign Envelope ID:96059710-CB1E-45A3-9A6C-5295E9228221
shall remain in the account for the purposes of the Project.
7. The Escrow Agent agrees to provide written confirmation of receipt of funds to
FDOT. MOT agrees to provide a copy of such written confirmation to Participant
upon request.
8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning
the escrow account. FDOT agrees to provide a copy of such quarterly reports to
Participant upon request.
9. The Escrow Agent shall not be liable for any error of judgment or for any act done or
omitted by it in good faith, or for anything which it may in good faith do or refrain from
doing in connection herewith.
10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss
due to the acts or omissions of FDOT and Participant, nor from any separate
agreements between FDOT and Participant and shall have no responsibility to
monitor or enforce any responsibilities herein or in any separate agreements
associated with this Agreement between FDOT and Participant.
11. This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Florida.
12. This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument.
13. This Agreement shall terminate upon disbursement by the Escrow Agent of all
money held by it in the escrow account in accordance with the instructions given by
FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that
the account is to be closed.
The remainder of this page is blank.
Docusign Envelope ID:96059710-CB1 E-45A3-9A6C-5295E9228221
IN WITNESS WHEREOF,the parties have duly executed the Agreement on the date(s)
below.
BOAR
D OF COUNTY COMMISSIONERS
• OF MONROE
COUNTY, FLORIDA'
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For FDOT-0OC(signature) For PART CIPANT(signature)
Cheryl Morgan, Deputy.Comptroller, GAO Mayor Holly Merrill:Raschein
Name and Title Name and Title
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