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City of Everett 00 6125 - 1 <br /> 2023 Biosolids Removal UT 3808 - 2 <br /> SECTION 00 6125 - RETAINAGE ESCROW AGREEMENT <br /> Project 2023 Biosolids Removal <br /> Contractor <br /> CITY OF <br /> • <br /> Bank <br /> I <br /> RETAINAGE ESCROW AGREEMENT AND INSTRUCTIONS <br /> 1. Escrow Agreement. The Contractor on a public improvement project for the City <br /> exercised its option pursuant to RCW 60.28.011 to place Retainage in escrow with the <br /> Bank. This Agreement constitutes both the escrow agreement between the City and <br /> Contractor and instructions to the Bank for handling of the Escrow Account. This <br /> Agreement is not effective until (a) the Agreement has been signed by the Contractor, <br /> Bank and City and (b) Contractor, Bank and City have entered the appropriate <br /> information in Exhibit A. <br /> 2. Check Issuance, Endorsement, and Deposit. From time to time, the City will <br /> issue a Check payable to the Bank and Contractor jointly. Contractor expressly <br /> authorizes and grants the power to the Bank to endorse the check on its behalf, to <br /> negotiate the check, collect the funds represented by the Check, and to deposit the <br /> funds so collected into the Escrow Account. These powers shall be deemed to be <br /> powers coupled with an interest and shall be irrevocable during the term of this escrow. <br /> 3. Investment of Funds. Funds and cash balances in the Escrow Account may be <br /> invested in Eligible Securities at the direction of the Contractor. For purchase of Eligible <br /> Securities, the Bank may follow the last written direction it received from the Contractor, <br /> provided such direction provides for investment in Eligible Securities. The Bank shall <br /> not invest any funds, cash balances, or proceeds of sale of Eligible Securities in any <br /> securities, bonds or accounts that are not Eligible Securities. Eligible Securities <br /> purchased pursuant to this Agreement shall be held by the Bank as custodian as part of <br /> this escrow. Eligible Securities shall be held in the Bank's name. Interest on the <br /> purchased Eligible Securities, if any, shall be paid to Contractor when, as and if any <br /> accrued interest is received by the Bank. <br /> 4. Eligible Securities. The following securities are deemed Eligible Securities, and the <br /> Bank may invest funds and cash balances in such securities at the direction of <br /> Contractor without further approval of the City, provided that any maturity dates are no <br /> later than twenty-five (25) calendar days after the Completion Date and provided they <br /> are held in a manner and form that allows Bank alone to liquidate the securities as <br /> provided for in the Agreement. <br /> 00 6125 - 1 RETAINAGE ESCROW AGR <br /> EEMENT <br /> r <br />