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~- <br />LAND USE APPLICATION ESCROW AGREEMENT <br />Application .# ( I 3 S Z{) <br />AGREEMENT made this '291 day of JI.A.., L'--f , 20_/ _} , by and between the Cl.TY OF <br />ORONO , a Minnesota municipal corporation ("City") and :f::ha Le{ sj. S::'U"-cl.rzg . VI /1 '2!}Cr ~ <br />[a corporation -optiona~ ("Owners"). <br />Recitals <br />1. Owner~ have filed Zoning Application # _ _,{'--''I __ -gs 20 formally requesting the City to <br />review plans for V Ml. a..VL CL<") <br />located at I '3 7 v B a--1 cl+vtci:' c"---it , <br />the "Subject Property") as more fully shown and described on Exhibit "A" attached hereto. <br />~wners request the City to review said plans which requires City approval including ~-~ ~ <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 $ 70D _,_ 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 , r~viewi__ng _ the plans, and preparing agenda packet material for City Council <br />review of application # l I -'::>CS Z--V . Eligible expenses shall be consistent with expenses the Owners <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 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 tci the <br />subject property pursuant to Minn . Stat. §§ 415.01 and 366.012. <br />OWNERS: <br />By: s ~. (~j ,:~~~ <br />I~ ~ ~ ~ <br />By: rm~ l ) ~