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i <br />C-3 <br />40 <br />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 final <br />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 />imnrnvements. <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 work, <br />the accompanying cost estimates and certifications, the Public Works Director shall <br />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 />5. Upon default by developer under the Contract, the County may elect <br />to pursue any of the remodies made available therein. All funds remaining in the escrow <br />account at the time default is declared by the County shall be available for use by the <br />County in accordance with the Contract. Said funds shall be disbursed to the County <br />upon receipt by the Office of Management and Budget of a certified copy of a resolution <br />of the Board of County Commissioners stating that Developer has defaulted under the <br />Contract and that said funds are necessary to complete the required improvements. All <br />funds disbursed to County in excess of the final amount determined necessary by the <br />County to complete the required improvements shall be returned to Developer, its legal <br />representatives, successors 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 />B. 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, 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, or to benefit any lot <br />purchase, while such funds remain subject to this escrow agreement, unless and until <br />the County shall agree othcrsiise In writing, Thus Coeuriiy };w.11 " -A be .. ;arty Of the <br />aforementioned parties for claims against the Developer or contractor relating to the <br />required subdivision improvements. <br />9, 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 specifically <br />mentioned herein. "rhis Agreement shall not be assigned without the express written <br />approval of the County. Any amendment, rlelrtinn, mum ifif,; ii-, aY.i[ n. 1Crt, or revision <br />hereof or hereto shall be in writing, and executed by authorized representatives of each <br />party. <br />