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e <br /> — I ru-0uUD <br /> l <br /> disbursement, the Office of Management and Budget shall make the <br /> disbursement described therein directly to Developer, at the address specified in <br /> the request for disbursement. <br /> 4. Upon defect in the improvements warranteed under the Bill of Sale, <br /> the county may utilize all funds remaining in the escrow account at the time <br /> default is declared by the County. Said funds shall be disbursed to the County <br /> upon receipt by the Office of Management and Budget of a written statement <br /> from the Utilities Director that Developer has defaulted under the Bill of Sale and <br /> that said funds are necessary to repair the improvements. All funds disbursed to <br /> County in excess of the final amount determined necessary by the County to <br /> repair the Improvements shall be returned to Developer, its legal representatives, <br /> successors or assigns, at the end of the guaranty period. <br /> 5. Any interest earned during the term of escrow shall be disbursed to <br /> Developer at close of escrow less administrative expenses. <br /> 6. 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, <br /> subcontractor, laborer, materialman, architect, engineer, attomey or other party <br /> providing labor, material, supplies, or services for construction of the required <br /> improvements, or to benefit any lot purchaser, while such funds remain subject <br /> to this escrow agreement. The County shall not be liable to any of the <br /> aforementioned parties for claims against the Developer or contractor relating to <br /> the required improvements. <br /> 7. This Agreement, together with the Bill of Sale referenced herein, is <br /> the full and complete understanding of the parties and shall not be construed or <br /> amplified by reference to any prior agreement, discussion, or understanding, <br /> except as specifically mentioned herein. This Agreement shall not be assigned <br /> without the express written approval of the County. Any amendment, deletion, <br /> modification, extension, or revision hereof or hereto shall be in writing, and <br /> executed by authorized representatives of each party. <br /> IN WITNESS WHEREOF, the parties hereto have set their hands and <br /> seals. The effective date of this Agreement shall be the date of approval by the <br /> Board of County Commissioners, <br /> KENWOOD DEVELOPMENT <br /> CORPORATION <br /> 1 <br /> By: <br /> Mark A. Brackett, President <br /> DEVELOPER <br /> Date: l I �( <br /> 2 <br />