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S <br /> LAND USE APPLICATION ESCRk W AGREEMENT <br /> Application# /CIA. <br /> AGREEMENT made this (-7 day of Val , 20 3, by and between the CITY OF <br /> ORONO, a Minnesota municipal corporation ("City") an ( kti.eyk.p,j Q✓ore-^' d CAC- <br /> [a corporation-optional] ("Owner"). <br /> Recitals <br /> 1. Owners have filed Zoning Application # formally requesting the City to <br /> review plans for mil ‘w oi1— iv\ &u-SS T24- SDO czo• D�5 <br /> located at `3( GI S (tJorctn SVto(( " r JZ O,( v o 1 (YIN] <br /> the"Subject Property") as more fully shown and described on Exhibit"A"attached hereto. <br /> 2. Owners request the City to reviewsaid pl'ans'whrich requires City approval including 1 5,u�cP7 OP <br /> ( d ov t �14� `fefirvl r \a ! � 01- V& 1 4& SOO CAI of 5, <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$ 700 .0° 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 Owners, reviewing the plans, and preparing agenda packet material for City Council <br /> review of application # /3-.3(oa Li . 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 returned 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 fr ORONO OWNERS: GU PA) ICE-S L C <br /> By: 'a #64k-)11\AUISVV----- By:c—Rti rt �a <br /> Its: ?1 °, uv '- Its: <br /> Internal Use Only: rigin to Finance Department G Copy to Zoning File 0 Copy to Street File <br /> Packet Last Updated: 03/29/13 <br /> Page 10 of 29 <br />