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LAND USE APPLICA.I!QN ESCRq~ Ap_aEEMENT Application #_O__.'i_ -_,:-!:>_::f.,_1_~ _.__ /_ AGREEMENT made this _jJ__ day of l \ H\..9-, 20.cB_, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and ___________________ _ Skfl:Wn '+-swaV'i moseJ.-eLt / [a corporation -optiona~ ("Owner"). Recitals 1. Owner has filed Zoning Application # c,q -3 'i 17 formally requesting the City to review plans for 9 r-nreq .e., And 1 ~ ~ ~d 11.t (I"\ located at I L;, 3 S"' ________l'--. v::L:_ B:> 1 v\ \-Ko Aci the "Subject Property") as more fully shown and described on Exhibit "A" attached hereto. 2. Owner requests the City to review said plans which requires City approval including ____ _ V ~ I r-wtte...S 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit $ "2.l soO 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 reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the ~wner, ~vie~g the plans, and preparing agenda packet material for City Council review of application # C? -_s.4 l_j_ . Eligible expenses shall be consistent with expenses the Owner would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall notify the Owner of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owner when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owner, 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: CITY OF ORONO By G2iB ~ Its: fi ,..,u,,...,~ ~ r4,..~ ... Its: _____________ _ RECEIVED JUN l 7 2009 341