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2014-063 Council Resolution
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2014-063 Council Resolution
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7/27/2015 11:03:49 AM
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7/27/2015 10:03:07 AM
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City Council
Council Document Type
Resolutions
Meeting Date
08/25/2014
Council Meeting Type
Regular
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approved by such authorities and that all requisite certificates of occupancy, if <br />applicable, and other approvals have been issued. <br />d. Final Sworn Construction Statement. <br />e. The Developer's general contractor shall submit a 1 year warranty bond, in a form <br />satisfactory to the City Attorney. from the date of Project acceptance and all <br />required IC -134 documents. <br />7. Not later than five business days following receipt of the documents delivered to it <br />pursuant to the above paragraphs. the Escrow Agent will notify in writing the City as to <br />whether the delivered documents are satisfactory to it. If documents are missing. the <br />Escrow Agent will advise City and Developer. If the documents are supplied to the <br />satisfaction of the City and Escrow Agent. Escrow Agent will within 3 business days <br />transmit to the Developer the amount applied for in the relevant draw request. <br />8. Developer will pay parties identified in the relevant draw request. the amounts shown <br />therein. Payment will only be made upon receipt of signed lien waivers for the amount <br />requested. <br />9. The Escrow Agent will keep and maintain books and records in sufficient detail to reflect <br />the disbursements made by it hereunder. City and Developer may. during normal <br />business hours, examine the books and records of Escrow Agent pertaining to the <br />disbursements made by it hereunder. The Escrow Agent shall notify the City and <br />Developer when fund balance is less than $25.000. <br />10. No liability is assumed by Escrow Agent or City to the Developer or contractors as <br />regards protection against mechanic's lien or title claims. <br />11. Functions and duties assumed by the Escrow Agent include only those described in this <br />Agreement. and the Escrow Agent is not obligated to act except in accordance with the <br />terms and conditions of this Agreement. Escrow Agent does not insure that the building <br />or construction will be completed. or that the building when completed will be in <br />accordance with the plans and specifications, or that sufficient funds will be available for <br />completion. The funds placed in escrow shall be maintained in a non-interest bearing <br />account <br />12. Escrow Agent acknowledges receipt of escrowed funds upon execution of this document. <br />13. This Agreement shall be binding upon the parties hereto and their respective successors <br />and assigns. <br />14. This Agreement can be amended or modified only by a written Amendment, written and <br />signed by all of the parties hereto. <br />15. Escrow Agent shall place all received funds in a FDIC insured account. <br />• <br />• <br />• <br />
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