Fillable Printable LEGAL RECORDS ESCROW AGREEMENT

LEGAL RECORDS ESCROW AGREEMENT

LEGAL RECORDS

ESCROW AGREEMENT

THIS ESCROW AGREEMENT (the AAgreement@), dated ____________________, is made

between SHARON R. BOCK, Clerk and Comptroller of Palm Beach County, (the "Clerk") and

__________________________________________ (the ACustomer@).

WHEREAS, the Clerk provides various services for fees and costs as prescribed by Florida

Statute;

WHEREAS, the Customer and the customer’s employees and/or agents require the services of

the Clerk’s office; and

WHEREAS, the Customer and Clerk have sought an efficient and effective means of obtaining

such services;

NOW, THEREFORE, the Clerk and the Customer agree as follows:

1.A non-interest bearing escrow account shall be established for payment of charges, costs

and fees incurred by Customer.

2.The Customer shall deposit funds into the escrow account to be drawn upon by the

Customer’s Authorized Users for payment of Clerk’s fees, charges and costs.

3.An executed Agreement with a User Authorization/Change Form (Exhibit “A” attached

hereto) and the initial escrow deposit must be submitted to the Clerk’s office in order to

establish an account. The Clerk shall notify the Customer of the establishment and

availability of the escrow account by written transmittal of the escrow account number to

the Customer’s address as indicated in this Agreement.

4.The Customer shall designate a Principal Agency Representative and an Alternate

Agency Representative. The Agency Head as well as the Principal and the Alternate

Agency Representatives shall be responsible for establishing and maintaining the list of

“Authorized Users.” Authorized Users are persons designated and specifically

authorized by the Customer to use the escrow account. The Customer, through the

Agency Head, Principal or Alternate Agency Representative, may designate up to (5) five

Authorized Users by completing the User Authorization/Change Form (attached hereto as

Exhibit “A”).

5.It is the Customer=s sole responsibility to maintain the privacy of the assigned escrow

account assigned to the Customer. The Clerk is not responsible for any unauthorized

usage of the escrow account. It is the Customer=s sole responsibility to notify the Clerk

of any modification to the list of Authorized Users by sending a written request to the

Clerk using the User Authorization/Change Form attached hereto as Exhibit “A.” The

Form must be signed by the Agency Head, Principal or Alternate Agency Representative.

A written confirmation of modification will be sent to Customer upon update of the

authorized users list. The modification is not complete until the Customer receives the

written confirmation. The Customer may call the Clerk to obtain expedited confirmation

as appropriate.

6.All escrow transactions require a completed Transaction Request Form. The Transaction

Request Form shall be submitted to the appropriate Clerk department for processing.

7.The Customer shall designate a minimum escrow account balance. The Clerk will send a

written notification to the Customer, at the address indicated herein, if the Customer=s

account is equal to or less than ______________. The escrow account may be

replenished at any time with a deposit by cash, check or money order. The Customer

may mail or deliver the deposit to the Accounting Department or the appropriate

operational department. The Customer will receive monthly escrow account activity

statements.

8.The Customer shall maintain adequate funds in its escrow account to ensure timely

processing of service transactions. If the Customer’s escrow account balance is

insufficient to process a transaction request, the Customer will be notified and the

transaction request will not be completed until sufficient funds are received.

9.If the Customer desires to close its escrow account, the Customer must provide written

notice to the Clerk signed by the Agency Head, Principal or Alternate Agency

Representative. The notice must indicate the Customer name and the escrow account

number to be closed. Upon receipt of such notice, the Clerk will close the escrow

account and forward any remaining balance in the escrow account to the Customer.

10.The Clerk retains the right to close any escrow account at any time in its sole discretion.

The customer shall be given at least 14 days written notice of closing. Upon closing, any

remaining balance in the escrow account will be returned to the customer at the address

listed herein.

11.If any term or provision of this Agreement, or the application thereof to any person or

circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this

Agreement, or the application of such terms or provision, to persons or circumstances

other than those as to which it is held invalid or unenforceable, shall not be affected, and

every other term and provision of this Agreement shall be deemed valid and enforceable

to the extent permitted by law.

12.If any legal action or other proceeding is brought for the enforcement of this Agreement,

or because of an alleged dispute, breach, default, or misrepresentation in connection with

any provisions of this Agreement, the Clerk shall be entitled to recover reasonable

attorney's fees, court costs (including, without limitation, all such fees, costs and

expenses incident to appeals), and all expenses (including taxes), even if not taxable as

court costs, incurred in that action or proceeding, in addition to any other relief to which

such party or parties may be entitled. Venue for such action will be Palm Beach County,

Florida.

13.The Clerk and the Customer agree by mutual consent to use Alternative Dispute

Resolution (ADR) to resolve all issues in controversy under this Agreement prior to

proceeding with any formal litigation. If either party refuses an offer for ADR, that party

shall inform the other party in writing of the reason(s) for such refusal. If ADR is used,

an agreement should be reached by the parties on the alternative procedures and terms to

be used in lieu of formal litigation and participation in the process shall include officials

of both parties who have the authority to resolve the issue in controversy.

14.The Customer is aware that this agreement and any subsequent transaction request(s) is

subject to Florida Statutes Chapter 119 (Florida=s Public Records Act).

15. The Clerk and the Customer agree that this Agreement sets forth the entire agreement

between the Clerk and the Customer, and that there are no promises or understandings

other than those stated herein. None of the provisions, terms and conditions contained in

this Agreement may be added to, modified, superseded or otherwise altered, except by

written instrument executed by both the Clerk and the Customer.

AGENCY NAME

BY: ______________________________ _________________________________

Agency Head Signature Date

__________________________________

[Address]

__________________________________

[Phone Number]

Send all notifications to Clerk at:

SHARON R. BOCK, Clerk and Comptroller

CLERK AND COMPTROLLER Recording Department

205 North Dixie Hwy., Room 4.25

BY: ______________________________ West Palm Beach, FL 33402

Attn: Records & Escrow Specialist

DEPUTY CLERK (561) 355-2048

EXHIBIT “A”

DESIGNATION OF PRINCIPAL

AND

ALTERNATE AGENCY REPRESENTATIVE

The undersigned customer,

________________________________________________[Print Name of

Agency]

by and through its Agency Head, hereby designates the following persons as

authorized Agency Representatives:

Principal Authorized Representative

_____________________________________

Print Name of Principal Representative

Alternate Authorized Representative

_____________________________________

Print Name of Alternate Authorized

Representative

Done and executed this ______ day of ___________________, 20___.

________________________________________

Agency Head Printed Name

________________________________________

Agency Head Signature