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e <br /> A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> the left turn lane, then the cost for such culverting and placement of <br /> asphalt may be included . <br /> b . County shall present to Imagine its itemized estimate of costs prior to <br /> commencement of construction . <br /> c . At least fifteen ( 15) days prior to disbursement of the Escrow Funds or <br /> any part thereof, County shall deliver to Imagine its detailed itemization of <br /> actual costs and invoices , and all data used by the County to compute the <br /> cost of the left turn lane. <br /> d . Upon completion of the left turn lane described herein and payment <br /> therefore from the Escrow Funds , all funds remaining in the Escrow Funds <br /> shall be returned to Imagine . To the extent Escrow Funds are insufficient <br /> to complete construction of the left turn lane, County shall be solely <br /> responsible for any shortfall . County shall in no event commence <br /> construction until sufficient funds have been appropriated to complete <br /> construction. <br /> e . Notwithstanding anything else contained herein, the term of this Escrow <br /> shall be ten ( 10) years from the date of execution. Any funds remaining in <br /> the Escrow after that time shall be delivered to Imagine, together with any <br /> interest earned thereon at that time, and Imagine shall be deemed released <br /> of any further obligation or responsibility for the left turn lane described <br /> herein . <br /> 4 . Resolution of disputes . In the event of any dispute between Imagine and County <br /> regarding the Escrow Funds , jurisdiction and venue shall lie within Indian River <br /> County, Florida . <br /> 5 . Discharge of Escrow Agent. Disbursement and payment of the Escrow Funds in <br /> accordance with the terms, conditions , and provisions of this Agreement, shall <br /> fully and completely discharge and exonerate the Escrow Agent from any and all <br /> liability or obligations of any nature or character at law or equity arising from its <br /> duties as Escrow Agent under this Agreement. <br /> 6 . Notices . All notices and demands made hereunder shall be made in writing and <br /> given to the person to whom notice is directed by: (a) actual delivery at the <br /> address stated below, including by national overnight delivery service, which <br /> shall be deemed effective at the time of actual delivery; (b) US Postal Service <br /> addressed as stated below, which shall be deemed effective five (5 ) business days <br /> after being so deposited with the US Postal Service, provided the sender has a <br /> certificate of mailing evidencing the date of mailing; or (c) facsimile transmission <br /> to the facsimile numbers stated below which notice shall be deemed effective <br /> upon completion of the facsimile transmission provided the sender has written <br /> JABmce\clien s\Imngine School\CASH DEPOSIT AND ESCROW AGUENIENT.doc <br /> 2 <br />