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' City of Everett 00 6125 - 4 <br /> ' Diversion Dam Road Phase 3 UT 3707 & UT 3708 <br /> "Eligible Securities"are those bonds and securities identified in the paragraph entitled, Eligible <br /> ' Securities on page 1 above. <br /> "Retainage" shall mean moneys reserved by the City under the provisions of a public <br /> improvement contract. <br /> ' 11. Miscellaneous. With the possible exception of any agreement between the Bank and <br /> Contractor regarding amount and payment of fees, commissions and charges related to the <br /> ' Escrow Account,this document contains the entire agreement between the Bank, Contractor and <br /> the City with respect to this Escrow Account. This Agreement binds the assigns, successors, <br /> personal representatives and heirs of the parties hereto. Those persons executing this Agreement <br /> ' represent and warrant they are duly authorized to bind their principals to this Agreement and to <br /> execute this Agreement on their behalf. Venue for any dispute arising out of, or related to,this <br /> Agreement shall be Snohomish County, Washington. This Agreement shall be executed in <br /> triplicate, each of which shall be deemed to be an original. <br /> AGREED AND ACCEPTED this the_ AGREED AND ACCEPTED by the City of <br /> ' day of , 20_. Everett this the day of ,20 <br /> Contractor: <br /> ' By <br /> Cassie Franklin,Mayor <br /> By: <br /> Typed or Printed Name: <br /> ' Title: <br /> Address: ATTEST: <br /> City: <br /> State: Zip: <br /> City Clerk <br /> ' PART 1 -AGREED AND ACCEPTED APPROVED AS TO FORM: <br /> this the_day of , 20_. <br /> ' BANK: <br /> City Attorney <br /> ' <br /> By: <br /> Typed or printed name: <br /> Its <br /> 00 6125 - 4 RETAINAGE ESCROW AGREEMENT <br />