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' �" o, � <br /> ESCROW AGREEMENT <br /> DEMOLITION PERMIT#2016-00928 . <br /> AGREEMENT made this_,�day of 20�, by and between the CITY OF ORONO, a <br /> Minnesota municipal corporation("City")and R er Riley("Owners°). <br /> Recitals <br /> 1. An application for a demolition permit has been filed for an in-ground pool located at 345 Spring HIII <br /> Road �("�SJ-�b�'e� Property") legaliy described as <br /> '1'7-0. <br /> , Hennepin County, <br /> Minnesota. <br /> 2. In conjunction with the demolition, erosion control measures are required as shown on attached Exhibit <br /> �A" <br /> NOW,THEREOFRE,THE PARTIES AGREE AS FOLLOWS: <br /> 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, <br /> the Owners shall deposit$2,500 with the City. All acc�ued interest, if any, shall be paid to the City to reimburse the City <br /> 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 for all <br /> out-of-pocket costs(including planning, engineering, or legal consultant review) the City has incurred to assure that the <br /> erosion control measures are installed and maintained so the property complies with the provisions of Orono City Code <br /> Chapter 79. The financial security may also be used by the City to eliminate any hazardous conditions associated with <br /> the work and to repair any damage to public property or infrastructure that is caused by the work. If compliance with the <br /> approved Land Disturbance Permit is not accomplished within the allowable time period, the City may bring the project <br /> into compliance by use of the security. <br /> 3. RIGHT OF ENTRY. The Owners hereby grant the City, its agents,employees, officers and contractors <br /> the right to enter the property to perform all work and inspections deemed appropriate by the City in conjunction with the <br /> required erosion control measures, inGuding but not limited to constructing or completing any and all of the agreed upon <br /> improvements should the Owners'contractor not complete those improvements by the date specified herein. <br /> 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs,the City will in tum send a <br /> bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners'receipt of bill. <br /> 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to <br /> the City within the timeframe outlined in #3 above, shall issue a Stop Work Order until the Owners pay all expenses <br /> invoiced pursuant to#3. The City may draw from the escrow account without further approval of the Owners to reimburse <br /> the City for eligible expenses the City has incurred. <br /> 6. CLOSING ESCROW. Any remaining amount of the financial security deposited with the City for faithful <br /> performance of the plans and spec'�fications and any related remedial work will be released after the completion and <br /> inspection of all such measures and the establishment of final stabilization for the Subject Property.City Staff shall review <br /> the terms of this escrow agreement two times per year to determine whether the requirements of the project have been <br /> successfully completed and whether it is appropriate to retum the funds. Owner may also request the release of the <br /> funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the <br /> project have been successfully 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 subject <br /> property pursuant to Minn. Stat. §§415.01 and 366.012. <br /> CITY: ITY OF RONO OWNERS: <br /> By. � / ! <br /> +A�-�cx�t— 1�, Zol b <br /> �ts: � r �— <br /> 150784 <br />