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WETLAND BUFFER ESTABLISHMENT ESCROW AGREEMENT Permit 92012-01042 AGREEMENT made this day of ajf-I , 20/,-by and between the CITY OF ORONO, a Minnesota municipal corporation("City")and Judson&Aleya Champlin ("Owners"). Recitals 1. A building permit application has been filed for an oversized, detached accessory structure located at 2643 Thoroughbred Lane the ("Subject Property"), legally described as Lot 6, Block 2, Old Crystal Bay Road Second Addition, Hennepin County, Minnesota. 2. The City has reviewed and approved this application. 3. The site work associated with the project caused a disturbance within a wetland on the property. The Owners are required to restore and reestablish vegetation within the wetland area according to City Zoning Code Article XI Wetlands Protection. The site cannot be fully restored due to the winter weather conditions. The Owners agree to establish an escrow to ensure completion of the restoration prior to the completion of the project relating to building permit#2012-01042. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit$1,000 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 reestablishment and development of the required native wetland plantings 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 would 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 has incurred associated with permit#2012-01042 if compliance with the wetland restoration is not accomplished. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in#3 above, shall issue a Stop Work Order until the Owners pay all 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. S. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed, the native wetland 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,RF ORONO OWNER: Its: