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a. Disperse Escrow Funds to. Developer. When Developer has completed <br />construction of the public improvements and City has placed the improvements <br />on warranty, City will direct dispersal of 80%of the Escrow Funds. <br />b. Disperse Escrow Funds to City. When City has completed the construction of the <br />public improvement(s) and some or all of the Escrow Funds are required for <br />payment of construction costs incurred by City, City will direct dispersal of all or <br />a portion of the Escrow Funds to City as reimbursement for City's actual <br />construction costs. <br />C. Disperse Escrow Funds to City. When City has made repairs to the public <br />improvement(s) during the warranty period and some or all of the Escrow Funds <br />are required for payment of repair costs incurred by City, City will direct dispersal <br />of all or a portion of the Escrow Funds to City as reimbursement for City's actual <br />repair costs. <br />d. Disperse Escrow Funds to City. When Developer has failed to pay engineer <br />inspection fees, City will direct dispersal of Escrow Funds to City in the amount <br />of the unpaid engineering inspection fees. <br />e. Disperse Escrow Funds to Developer. When, upon expiration of the warranty <br />period, the Escrow Funds are not longer needed to guarantee Developer's <br />obligations, City will direct dispersal of all remaining Escrow Funds to <br />Developer. <br />5. Duty and Liability of Escrow Agent. The sole duty of Escrow Agent shall be a <br />provided herein. In addition to holding and dispersal of Escrow Funds as provided <br />herein, City and Developer: <br />a. Authorize Escrow Agent, in the event of any conflicting demands made upon it <br />concerning these instructions or this escrow, at its election, to hold any money <br />and documents deposited hereunder until it received mutual instruction by all <br />parties or until a civil action shall have been fully concluded determining the <br />rights of the parties. In the alternative, Escrow Agent may, at its discretion, at any <br />time, commence civil action to interplead any conflicting demands. <br />b. Agree that unless otherwise herein expressly provided, Escrow Agent shall not be <br />held liable for any action taken or omitted under these instructions, to long as it <br />shall have acted in good faith and without negligence. Escrow Agent shall have <br />no responsibility to inquire into or determine the genuineness, authenticity or <br />sufficiency of any documents or instruments submitted in connection with its <br />duties hereunder. Escrow Agent shall be entitled to deem the signatories of any <br />document or instrument submitted to it hereunder as being authorized to sign such <br />documents or instruments on behalf of the party submitting such documents or <br />instruments, and shall be entitled to rely upon the genuineness of signatories or <br />such signatories without inquiry and without inquiring substantiating evidence. <br />PIDS Manual 2016, Appendix L - 8 (Sample Escrow) L-8-3 <br />