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Pep .28 2011 8: 24RM Brownton P 0 3203284007 p. 2 <br /> Sep-28-Z011 09:IBam From-CITY OF ORONO +8522494616 1-194 P.002/002 F-548 <br /> • ZONING PERMIT ESCROW AGREEMENT <br /> Permit#2011-00459 and 11-3517 <br /> AGREEMENT made this R' day of 2011, by and between the CiTY OF ORONO <br /> a Minnesota municipal corporation ("City") and Patti M. H en-Schimmel ("Owners"). <br /> Recitals <br /> 1. A building permit application has been filed for a zoning permit for a property located at <br /> 1299 Wildhurst Trail the ("Subject Property"), legally described as southwesterly 75 feel of the southeasterly 100 <br /> feet of Lot 45,Tonkaview Gardens. Hennepin County, Minnesota, <br /> 2. Owner requests the City to review this application. <br /> 3. The City will commence its review of the application and incur costs associated with said review <br /> only if the Owner establishes an escrow to ensure reimbursement to he 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 $2,000 with the City. All accrued interest, if any, shell be paid to the City to <br /> 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 reviewing the plan. Eligible expenses shall be consistent with expenses the Owners would be responsible <br /> for under a zoning permit application. The escrow will also guarantee reimbursement to the City for all out-of- <br /> pocket costs the City has incurred to assure that the work is completed in accordance with the Stormwater <br /> Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be <br /> used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to <br /> public property or infrastructure that is caused by the work (including planning, engineering, or legal consultant <br /> review) associated with permit #2011-00459 & 11.3517 if compliance with the approved zoning permit is not <br /> accomplished. <br /> S. 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 payment <br /> to the City within the timeframe outlined in #3 above, shall issue a Stop Work Order until Inc Owners pay all expenses <br /> invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to <br /> 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 returned to the <br /> Owners when the review has been completed and written notification is received from the Owners requesting the <br /> funds. <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 386.012. <br /> CITY: CITY •F . OWNER: <br /> By: 1117- <br /> �tl <br /> - �- <br /> • <br /> Iiiiiiiiinfistmagmagargwamaiftheriiitii <br /> iw.YrfiOYi yk+!ISR <br /> , <br />