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05/07/2019
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05/07/2019
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Last modified
12/31/2019 12:53:40 PM
Creation date
6/17/2019 10:11:37 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/07/2019
Meeting Body
Board of County Commissioners
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4. Within seven (7) working days after receipt of a disbursement request, <br />the Public Works Director shall cause an inspection of the work for which payment is <br />sought. If the Public Works Director is satisfied in all respects with the work, the <br />accompanying cost estimates and certifications, the Public Works Director shall <br />deliver a written notice to disburse to the County Office of Management and Budget. <br />Upon receipt of the notice to disburse, the Office of Management and Budget shall <br />make the disbursement described therein directly to the party that posted the funds, <br />or its legal representatives, successors or assigns, absent bankruptcy, court order, <br />dissolution or an assignment. <br />5. Upon default by Developer under the Contract, the County may elect <br />to pursue any of the remedies made available therein. All funds remaining in the <br />escrow account at the time default is declared by the County shall be available for <br />use by the County in accordance with the Contract. Said funds shall be disbursed to <br />the County upon receipt by the Office of Management and Budget of a certified copy <br />of a resolution of the Board of County Commissioners stating that Developer has <br />defaulted under the Contract and that said funds are necessary to complete the <br />required improvements. All funds disbursed to County in excess of the final amount <br />determined necessary by the County to complete the required improvements shall <br />be returned to the party that posted the funds, or its legal representatives, <br />successors or assigns, absent bankruptcy, court order, dissolution or an <br />assignment. <br />6. Any interest earned during the term of escrow, less administrative <br />expenses, shall be disbursed at close of escrow. <br />7. The funds deposited hereunder exist solely for the protection, use and <br />benefit of the County and shall not be construed or intended in any way, expressly <br />or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, <br />materialman, architect, engineer, attorney or other party providing labor, material, <br />supplies, or services for construction of the required improvements, while such <br />funds remain subject to this escrow agreement, unless and until the County shall <br />agree otherwise in writing. The County shall not be liable to any of the <br />aforementioned parties for claims against the Developer or contractor relating to the <br />required improvements. <br />8. This Agreement, together with the attached Contract, is the full and <br />complete understanding of the parties and shall not be construed or amplified by <br />reference to any prior agreement, discussion, or understanding, except as <br />specifically mentioned herein. This Agreement shall not be assigned without the <br />express written approval of the County. Any amendment, deletion, modification, <br />extension, or revision hereon or hereto shall be in writing, and executed by <br />authorized representatives of each party. <br />2 <br />130 <br />
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