2012-01210 - escrow fee - Laserfiche WebLink

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� � WETLANQ BUFFER ESTA LISHMENT ES R Permit#2012-01130 AGREEMENT made this v� ��day of �✓ti�d�1 , 20j�, by and between the CITY OF ORONO, a Minnesota municipal corporation("City°)and Bob&Jill Kaczke("Owners"). Recitals 1. A building permit application has been filed for a swimming pool located at 2900 Deer Run Trail the ("Subject Property"), Iegally described as Lot 8, Block 4, Old Crystal Bay Road Addition, Hennepin County, Minnesota. 2. The City has reviewed and approved this application. 3. The scope of the project which is the subject of building permit #2012-01130 triggers the application of the City's wetland buffer requirement as established by City Zoning Cod� Article XI Wetlands Protection will commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE�THE PARTIES ACiREE AS FQLLOWS: 1. DEPOSIT OF ESCROW FUNOS. Contemporaneously with the execution of this Escrow Ag�eement, the Owners shall deposit$2,d00 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee the establishment and devetopment of the required native wetland buffer and to reimburse the City for all out-of-pocket costs the City has incurred(including planning,engineering or legal consultant review)or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Owners virould be responsible for as part of the establishment of the wetland buffer. The escrow will also guarantee reimbursement to the City for all out-of-pocket costs the City bas iAeuFred asss�iaEed witb pewr+i� #20�2-04130 i� eer�pliapee wiEb Ebe wetlaAd bu�feF esEabfisbr�eAt is Aet accomplished. 3. MONTHLY BILLING. As the C�y receives consultant bills for incuRed costs, the City will in tum send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. �. [��URSEMENT FRQM ES�RQ1At A��UNT. In the event that the Ow�ers do�Qt make payment to the City within the timeframe outlined in#3 above, shall issue a Stop Work Order until the Owners pay�11 expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be retumed to the Owners when the review has been completed, the native wetiand buffer established and written notification is received from the Owners requesting the funds. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners,or if the eligible expenses incurred by the City exceed the amount in escrow,the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat.§§415.01 and 366.012. CITY OF O - OWN : _.._._ �y: : _ __ , r r� , �tS: tntemal Use Only: �Original t�Planning fl Copy to Property Owner G Copy to Street File