HomeMy WebLinkAboutContract 1596-1 •
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ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
ESCROW# 6574-063
To: Bank of Sacramento
Corporate Escrow Dept
P 0 Box 659030
Sacramento,CA 95865-9030
The undersigned delivers herewith,or will cause to be delivered to Bank of Sacramento,Corporate
Escrow Services, hereinafter called Escrow Agent, the papers, money or property hereinafter
described to be held and disposed of by Escrow Agent in accordance with the following
instructions and upon the terms and conditions herein set forth, to which the undersigned hereby
agree.
This Escrow Agreement is made the 7th day of November,2014, is entered into by and between
City of Cathedral City,whose address is 68700 Avenida Lalo Guerrero,Cathedral City,CA
92234,
hereinafter called"Owner";
C.S. Legacy Construction,Inc.,whose address is 1461 S.East End Avenue,Pomona,CA
91766,
hereinafter called "Contractor", and Bank of Sacramento, whose address is 1750 Howe Avenue,
Suite 100, Sacramento, California 95825,hereinafter called"Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as
follows:
(I) Pursuant to Section 22300 of the Public Contract code of the State of California,
Contractor has the option to deposit securities with Escrow Agent as a substitute for
retention earnings required to be withheld by Owner pursuant to the Construction
Contract entered into between the Owner and Contractor for the Whitewater
Neighborhood Park project
in the amount of ***Two Million Four Hundred Ninety-Nine Thousand Two
Hundred Forty-One Dollars and Eighty-Eight Cents*** ($2,499,241.88) dated
September 18, 2014 (hereinafter referred to as "Contract"). Alternatively, on written
request of the Contractor, the Owner shall make payments of the retention earnings
directly to the Escrow Agent.
When Contractor deposits the securities as a substitute for Contract earnings,the Escrow
Agent shall notify the Owner within 10 days of the deposit. The market value of the
securities at the time of the substitution shall be at least equal to the cash amount then
required to be withheld as retention under the terms of the Contract between the Owner
and Contractor. Securities shall be held in the name of City of Cathedral City,and shall
designate the Contractor as the beneficial owner.
1750 HOWE AVENUE, SUITE 100, SACRAMENTO. CA 95825 • 2882 PROSPECT PARK DRIVE. SUITE 240. RANCHO CORDOVA. CA 95670
1415 L STREET. SUITE 100, SACRAMENTO. CA 95814 • 1478 STONE POINT DRIVE. SUITE 200. ROSEVILLE, CA 95661
PHONE 916-648-2100 • EAX 916-648-0548 • WWW.BANKOFSACRAMENTO.COM
MEMBER FDIC
•
(2) The Owner shall make progress payments to the Contractor for such funds which
otherwise would be withheld from progress payments pursuant to the Contract
provisions, provided that the Escrow Agent holds securities in the form and amount
specified above.
(3) When the Owner makes payment of retention earned directly to the Escrow Agent, the
Escrow Agent shall hold them for the benefit of the Contractor until the time that the
escrow created under this Contract is terminated. The Contractor may direct the
investment of the payments into securities. All terms and conditions of this agreement
and the rights and responsibilities of the parties shall be equally applicable and binding
when the Owner pays the Escrow Agent directly.
(4) The Contractor shall be responsible for paying all fees for the expenses incurred by
Escrow Agent in administering the Escrow Account and all expenses of the Owner.
These expenses and payment terms shall be determined by the Owner, Contractor and
Escrow Agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to
the Owner.
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization
from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount
sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven(7)days' written notice to the Escrow Agent from the Owner of
the default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final
and complete,and that the Contractor has complied with all requirements and procedures
applicable to the Contract, Escrow Agent shall release to Contractor all securities and
interest on deposits less escrow fees and charges of the Escrow Agent. The escrow shall
be closed immediately upon disbursement of all monies and securities on deposit and
payments of fees and charges.
(9) Escrow Agent shall rely upon the written notification from the Owner and Contractor
pursuant to Sections(5)to(8) inclusive,of this Agreement and the Owner and Contractor
shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the
securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written
notice on behalf of the Owner and on behalf of the Contractor in connection with the
foregoing,and exemplars of their respective signatures are as follows:
w
On behalf of the Ow e : On behalf of the Cont actor:
City of Ca hedral Ci C. S. Legacy Constru io? .
Gregg Strumpf,Presid='1
Authorized Signer ame MIK e` ��' 1461 S.East End Aven ,
nn�� Pomona,CA 91766
Authorized Signer Title lr0 i i n'ui
68700 Avenida Lalo Guerrero
Cathedral City,CA 92234
On behalf of the E row Agent:
Bank of S crame o
Kathleen homas,EVP/COO/CRO
Corporate scrow Dept
P 0 Box 659030
Sacramento,CA 95865-9030
At the time the escrow account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully
executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer on the date first set
forth above.
City of athedral t r C.S. Legacy Co st ucti o n,Inc.
Gregg Strumpf, ' •s
Authorized Signe Name A�� n r, /14
&cE. r
Authorized Signer Title 9 , efrt 4A.41. �,� '