Laserfiche WebLink
3 . The amount of any given disbursement shall not exceed eighty <br /> (80 % ) percent of the total cost of improvements certified as being completed under <br /> the preceding paragraph ; i . e . , twenty (20 % ) percent of the cost of each phase , <br /> improvement , or portion thereof, shall be retained in the escrow account until the <br /> final reduction , which shall occur only after issuance of a Certificate of Completion in <br /> accordance with the County's Subdivision and Platting Ordinance . <br /> 4 . Notwithstanding the above disbursement limits , at no time shall the <br /> escrow account balance be reduced below an amount equal to one hundred fifteen <br /> ( 115 % ) percent of the most recent approved cost estimate of the remaining required <br /> improvements . <br /> 5 . Within seven (7 ) working days after receipt of a disbursement <br /> request, the Public Works Director shall cause an inspection of the work for which <br /> payment is sought . If the Public Works Director is satisfied in all respects with the <br /> work , the accompanying cost estimates and certifications , the Public Works Director <br /> shall notify in writing the County Office of Management and Budget. The Office of <br /> Management and Budget shall make the disbursement as approved by the Public <br /> Works Director directly to Developer. <br /> 6 . Upon default by developer under the Contract, the County may <br /> elect to pursue any of the remedies made available therein . All funds remaining in <br /> the escrow account at the time default is declared by the County shall be available <br /> for use by the County in accordance with the Contract. Said funds shall be <br /> disbursed to the County upon receipt by the Office of Management and Budget of a <br /> certified copy of a resolution of the Board of County Commissioners stating that <br /> Developer has defaulted under the Contract and that said funds are necessary to <br /> complete the required improvements . All funds disbursed to County in excess of the <br /> final amount determined necessary by the County to complete the required <br /> improvements shall be returned to Developer, its legal representatives , successors <br /> or assigns . <br /> 7 . Any interest earned during the term of escrow, less administrative <br /> expenses , shall be disbursed to Developers at close of escrow. <br /> 8 . The funds deposited hereunder exist solely for the protection , use <br /> and benefit of the County and shall not be construed or intended in any way, <br /> expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, <br /> laborer, materialman , architect, engineer, attorney or other party providing labor, <br /> material , supplies , or services for construction of the required improvements , or to <br /> benefit any lot purchase, while such funds remain subject to this escrow agreement, <br /> unless and until the County shall agree otherwise in writing . The County shall not be <br /> liable to any of the aforementioned parties for claims against the Developer or <br /> contractor relating to the required subdivision improvements . <br /> 2 <br /> FAAttorney\Nancy\DOCS\PLAN\cash for K for construction Windsor 25 . doc <br />