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APPLICATION ESCROW AGREEMENT <br /> Zoning Application# I t4 - LI <br /> AGREEMENT made this -1-'\ day of a-M11-11/1 , 20 H , by and _bgtween the CITY OF <br /> ORONO, a Minnesota municipal corporation ("City') and J DPL l2A <br /> [a corporation—optional] ("Owner"). <br /> Recitals <br /> 1. Owner has filed Zoning Application# ( H - /27(1211 6 formally requesting the City to review <br /> plans for a of C Mat(.fit erk- 27)l'( k2LA 1 if I r —V Gry 1 RyaGe n>, [O 1r -fl Cv' located <br /> at n nn fr G1 the <br /> "Subject Property")as more fully shown and described on Exhibit"A"attached hereto. <br /> • <br /> 2. Owner requests the City to review said plans which requires City approval including pt 44 t`"�� > <br /> %1 v1 L vi <br /> 3. The City is willing to commence its review of the application and incur costs associated with said <br /> review only if the Owner establishes 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 Owner shall deposit $ 2-S0 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 Owner, reviewing the plans, and preparing agenda packet material for City Council <br /> review of application # (L.( - .PttGj . Eligible expenses shall be consistent with expenses the Owner <br /> 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 Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt <br /> of bill. <br /> 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make <br /> payment to the City within the timeframe outlined in #3 above,the City may draw from the escrow account without <br /> further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall <br /> notify the Owner of such draw and the nature of the expense for which the reimbursement is being made. If the <br /> Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as <br /> directed by the City, or the City shall discontinue all review. <br /> 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the <br /> Owner when the review has been completed. <br /> 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owner, 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 OF ORONO OWNER <br /> By: By: 1 <br /> Its: tom, F1 I 1 Ciao r c4 / /.t r Its: <br /> Packet Last Updated: 09/2013 <br /> Page 10 of 28 <br />