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I . <br /> LAND USE APPLICATION AND ZONIN6 PERMIT ESCR�AO�tEEMENT <br /> Land Use Applicaqon�14�656 8 Zoning Parmit� O/y bpc,L�vZ <br /> AGREEMENT made this�day of , 20!�/, by and between the CITY OF ORONO, <br /> a Minnesota municipal corporaton ("Cit�')and Thomas . Randgaa�i Trust WA Dated pacemye� 19� 2000, <br /> (r�Ql ,. <br /> � <br /> 1. Land use and zoning permit applications have been filed for a property located at Z�gS <br /> Shadywood Road,the("Subject Property"),legally described as:Tracts E,F�G� H,i and J of Regfs�rod I.and <br /> Survay No.415 flles of Registrar of TiUas�County of Hennspin. <br /> 2. Owner requests the Cny to r+eview this applicatlon. <br /> 3. The City wiil oommence its ceview of the applicatbn and incur c�sts associated with $aid review <br /> only if tl�e Owner establishes an escrow to ensure r�eimbursement to the City of its costs. <br /> NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: <br /> 1. DEPOSR OF ESCROW FUNDS. CoMemporaneously with the execution of this Escrow <br /> Agreemerrt, the Owner shall deposit$2ppp.pp with the City. All accrued interest, if any, shall be paid to the City <br /> to reimburse the City for its cost in administering the escrow a000unt. <br /> 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City <br /> for all out-of-pocket costs the City has incurred(including planning, engineering or legal consukant review)or will <br /> incur in reviewing the plan. Eligible expenses shall be oonsistent with expenses the Owner would be responstble <br /> for under a zoning permit appHcation. The escrow will also guarantee reimbursemerrt to tl�e City for all out-of- <br /> Podcet costs the City has incurred to assure that the work is complet� in accordance with the Stormwater <br /> Pdlution Prevention Plan and the provisions of Orono City Code Chapter 79. The ftnandal security may also be <br /> used by the City to eliminate any hazardous c�r�ditions associated with the wo�C and to �ir any damage to <br /> public property or infrastructure that is caused by the worlc (induding planning, engineering, or legal oonaultant <br /> review)assoclated with Land Use AppllcationfF 14-3656 8 Zoning Permit� ��/S�-s� C/�� <br /> if canpiiance with the approved zoning pe�rnit is not aocompl�shed. <br /> 3. MONTHLY BILLING. As the Cfty reoeives consultarrt bills for incuned costs, the Gty will in tum <br /> o�d�'a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the OwnePs reoeipt <br /> 4• DiSBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not rr�eke payment <br /> to the City wfthin the timeframe oudined in#3 above, shall isaue a Stop Work Onder urrtil the Owner pays all expenses <br /> invoiced pursuant to #3. The City may draw from the escrow aocount without further approval of the Ownera to <br /> reimburse the City for eligible expenses the City has incurred. <br /> 5. CL081NG ESCROW. The Belance on deposit in the escrow, if any, shall be retumed to the <br /> Owner when the review has been completed and written notiflpGon is received from the Owner requesting the <br /> funds. <br /> 6. CERTIFY UNPAID CHARtiES. If the project is abandoned by Owner,or if the eligible expenses <br /> incurted by the City exceed the amount in escrow,the City shall have the right to oertify the unpaid b�arx�to the <br /> subject property pursuant to Minn. Stat. §§415.01 and 366.012. <br /> CIT1f ITY F ORO OWNER: <br /> By' . �� <br /> Its: �� <br />