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professional services contracts relating to the Mount Vernon Corridor Projects. All funds <br />deposited to the Special Fund by the Agency (plus accrued interest on the invested balance of <br />such Agency funds) shall be disbursed by the fiscal agent appointed in Section 5(b) to the City <br />for costs of the Mount Vernon Corridor Projects, upon the order and instruction of the Agency. <br />(b) The City and the Agency hereby appoint Union Bank of California, N.A., <br />or a successor financial institution acceptable to each of them, to serve as fiscal agent for the <br />Special Fund. The fiscal agent shall hold and invest funds as tendered to it by the Agency for the <br />Special Fund in accordance with an escrow agreement substantially in the form attached hereto <br />as Exhibit "A". <br />(c) All funds held by the fiscal agent in the Special Fund shall be invested <br />pending disbursement, in permitted, local government investments as described in Government <br />Code Section 53601, in accordance with the written instructions of the City. <br />(d) In the event that any funds may remain in the Special Fund on or after <br />June 15, 2005, the Agency shall instruct the fiscal agent to disburse such funds to the order and <br />account of the Agency. <br />(e) Concurrently upon the full execution of this Agreement by a date no later <br />than June 30, 2002, the Agency shall draw the sum of $2,349,697 from the Bond Proceeds <br />Account (or such other greater or lesser sum as then confirmed to be available) and deposit such <br />sum into the Special Fund. <br />(f) Within thirty (30) days following the written request of the Agency, the <br />City shall deposit such available funds into the Special Fund as the Agency may direct in order <br />to pay for the remaining balance, if any, of the cost for the completion of the Mount Vernon <br />Corridor Projects in excess of the sum of $2,349,697, plus accrued interest, as deposited with the <br />Special Fund by the Agency under Section 5(e). <br />6. CITY SHALL PROVIDE PUBLIC WORKS CONSTRUCTION PROJECT <br />MANAGEMENT SERVICES FOR MOUNT VERNON CORRIDOR PROJECTS <br />(a) The Agency hereby engages the City to provide construction project <br />management services to complete the preparation of all public works project plans and <br />specifications, to conduct public works bidding as required by law and to award and manage and <br />administer each public works construction contract for the Mount Vernon Corridor Projects. The <br />City hereby agrees to cause the Mount Vernon Corridor Projects to be acquired , constructed and <br />installed as provided herein and the City hereby accepts such engagement from the Agency and <br />the City agrees to provide, or cause to be provided, all necessary public works construction <br />project management supervision and services for the projects, including, without limitation, the <br />following services: <br />1. The Agency hereby assigns its interest in each consulting engineer <br />contract for the preparation of plans and specifications for the Mount <br />4 <br />SB2002:10853.1 <br />