HomeMy WebLinkAboutContracts & Agreements_108-2015_CCv0001.pdf ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This escrow agreement for security deposits in lieu of retention ("Agreement") is made
and entered into this 2"d day of June,2015, by and among the City of Redlands, whose address is
Post Office Box 3005, Redlands, CA 92373 ("Owner"), MCC Pipeline, Inc. whose address is
33562 Yucaipa Boulevard #4-325, Yucaipa, CA 92399 ("Contractor"), and US Bank whose
address is 633 West Fifth Street, 30°i floor, Los Angeles, CA 90071 ("Escrow Agent").
WHEREAS, the Owner and Contractor desire to establish an escrow account with
Escrow Agent (the "Escrow Account") pursuant to Section 22300 of the California Public
Contract Code;
NOW THEREFORE, for the consideration hereinafter set forth, the Owner, Contractor,
and Escrow Agent agree as follows:
1. Pursuant to Section 22300 of the California Public Contract Code, 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
Owner and Contractor dated April 21, 2015, for Owner's 2014 CIP Water, Non Potable, &
Sewer Pipeline Project, Project No's. 71257, 73412 in the amount of$3,239,037.52 ("Contract").
Alternatively, on written request of Contractor, 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 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 Owner
and Contractor. Securities shall be held in the name of City of Redlands, and shall designate
Contractor as the beneficial owner.
2. Owner shall make progress payments to Contractor for those funds which
otherwise would be withheld from progress payments pursuant to the Contract provisions,
provided that Escrow Agent holds securities in the form and amount specified above.
3. When Owner makes payment of retentions earned directly to Escrow Agent,
Escrow Agent shall hold them for the benefit of Contractor until the time that the escrow created
under this Agreement is terminated. 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 Owner pays Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred
by Escrow Agent in administering the Escrow Account and all expenses of Owner. These
expenses and payment terms shall be determined by Owner,Contractor, and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in the
Escrow Account and all interest earned on that interest shall be for the sole account of Contractor
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lAca\dim\Agreements\MCC Pipeline Escrow Agreement 6.2.15(CIP 5.8.15).doc
Escrow Agreement for
2014 C1P Water,Non Potable,&Sewer Pipeline Project,Project No's.71257,73412
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and shall be subject to withdrawal by Contractor at any time and from time to time without
notice to 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 Escrow Agent that Owner consents to the withdrawal of the amount
sought to be withdrawn by Contractor.
7. Owner shall have a right to draw upon the securities in the event of default by
Contractor. Upon seven days' written notice to Escrow Agent from Owner of the default, 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 Owner certifying that the Contract is
final and complete, and that Contractor has complied with all requirements and procedures
applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on
deposit less escrow fees and charges of the Escrow Account. The Escrow Account shall be
closed immediately upon disbursement of all moneys and securities on deposit and payments of
fees and charges.
9. Escrow Agent shall rely on the written notifications from Owner and
Contractor pursuant to Sections 5 to 8, inclusive, of this Agreement and 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 Owner and on behalf of Contractor in connection with the
foregoing,and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
City of Redlands MCC Pipeline, Inc.
Title: Finance Director Title: President
Naine: Tina T. Kundig Name: Vincent Munoz
Address: Post Office Box 3005 Address: 33562 Yucaipa Blvd #4-325
Redlands, CA 92373 Yucaipa, CA 92399
On behalf of Escrow Agent:
US Bank
Title: Relationship Manager—Deposit& Payment Solutions
Name: Dorothy N. Kimura
Address: 633 West Fifth Street, 30"'floor
Los Angeles, CA 90071
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Escrow Agreement for
2014 C1P Water,Non Potable,& Sewer Pipeline Project, Project No's. 71257, 73412
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At the time the Escrow Account is opened, Owner and Contractor shall deliver to Escrow Agent
a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper
officers on the date first set forth above.
OWNER: CONTRACTOR:
City of Redlands MCC Pipeline, Inc.
Signatu e: w Signature:
Paul Foster, Mayor mcent Munoz, President
ESCROW AGENT
Attest:
US Bank
Si-nature: Signature:
Sam esin, City Clerk Doro . Kimura,
r
Relationship Manager
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