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� . � <br /> � LAND USE APPLICfI(ON��CiOr�W AGREEMENT <br /> Application# �� ID <br /> AGREEMENT made this 24 day of d �°'� , 20 � 3, by and befinreen the CITY OF <br /> ORONO, a Minnesota municipal corporation ("City") and � W►lS <br /> [a corporation—opfionaQ ("Owner"). <br /> Recitals <br /> 1. Owners hay� filed Zonin Application # ��0� '�j formally requesting the City to <br /> review plans for W � <br /> located at �! � <br /> the"Subject Property")as more fully shown and described on Exhibit"A" attached hereto. <br /> 2. Owners re ue t the Ci to review said lans which requires City approval including ` <br /> " ' � <br /> 3. The City is willing to commence its review of the application and incur costs associated with said <br /> review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. <br /> NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: <br /> 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow <br /> Agreement, the Owners shall deposit$�with the City. All accrued interest, if any, shall be paid to the <br /> City to reimburse the City for its cost in administering the escrow account. <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 consultant review) or will <br /> incur in meeting with the ne evie g the plans, and preparing agenda packet material for City Council <br /> review of application # ��` ��1� . Eligible expenses shall be consistent with expenses the <br /> Owners would be responsible for under a zoning and subdivision application. <br /> 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn <br /> send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' <br /> receipt of bill. <br /> 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make <br /> payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all <br /> expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the <br /> Owners to reimburse the City for eligible expenses the City has incurred. <br /> 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be retumed to the <br /> Owners when the review has been completed. <br /> 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses <br /> incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the <br /> subject property pursuant to Minn. Stat. §§415.01 and 366.012. <br /> CITY: CITY OF ORONO OWNERS: <br /> By. gy; ���a- <br /> �ts: <br /> � �� , `l1<� �ts: <br /> Packet Last Updated: 0329/13 <br /> Page 10 of 29 <br />