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t <br /> BUILDING PERMIT ESCROW AGREEMENT <br /> AGREEMENT made this�day of , 20�, by and between the CITY OF ORONO, <br /> a Minnesota municipal corporation ("City") and Heath Julie Farwell ("Owner"). <br /> Recitals <br /> 1. Building permit applications have been filed for a new principal structure and lakeshore stairs <br /> with retaining walls located at 2933 Casco Point Road the ("Subject Property"), as more fully shown and <br /> described on Exhibit"A"attached hereto. <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 the City of its costs. <br /> NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: � <br /> � � �--� �-����e r��c:, <br /> 1. DEPOS{T OF ESCR�W FUNDS. Contemporaneously with the execution of this Escrow <br /> Agreement, the Owner shali deposit 00 with the Ciry. All accrued interest, if any, shall 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 (inctuding ptanning, engineering, in excess of $500, or legal <br /> consultant review} or will incur in reviewing the ptan. Eligible expenses shall be consistent with expenses the <br /> Owner would be responsible for under a building permit appfrca6on. The escraw will also guarantee <br /> reimbursement to the City for all out-of-pocket costs the City has incurred to assure that the wark is completed in <br /> accordance with the Stormwater Polfution Prevention Plan and the provisions of Orano City Code Chapter 79. <br /> The financial security may also be used by the City to efiminate any hazardous conditions associated with the <br /> work and to repair any damage to public property or infrastructure that is caused by the work (including planning, <br /> engineering, or legal consultant review) associated with building permits#2009-00223 and #2009-00381. If <br /> compfiance with the appraved buiiding permit is not accom�ished. <br /> 3. MONTHLY BILLING. As the City receives consultant bills for incurred c�osts, the City wiil in tum <br /> send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owners receipt <br /> of bill. <br /> 4. DISBURSEMENT FROM ESCROW ACGOUNT. tn the event that the Owner daes nQt rrrake <br /> payment to the City within the timeframe autfined in#3 abave,the City may draw from the escrow account vaithout <br /> further approval of the Owner to reirnburse the City far Efigibie expenses the City has incurred_ The Cityr shall <br /> notify the Owner the Owner of such draw and the nature of the expense for which the reimbursement is being <br /> made. If the Escrow amount falls beiaw 75% of the ariginal escrow amount the Owner shall deposit additional <br /> sums as directed by the City, or the City shall discontinue review and post a Stop Work Order. <br /> 4. CLt}SiNG ESCROVIf. Tf�e Batance on depcasit in ti�e escmuv, if any, shat� be retumed to the <br /> Owner when the reviear has been oarrepieted and written rsc:tification is recerved from fhe Qrrrr�er cequesting t� <br /> funds. <br /> 5. CERTIFY UNPAID CHARGES. !f ths project is abandoned by Owner, or if the eligible expenses <br /> in�urred by tt�e City exceed the amount in escrow, the City shaii ha�e the right to certify the unpaid bafance tQ the <br /> subject y pursuant to Minn. Stat. §§415.01 and 366.012. <br /> �� <br /> CITY: CtT F QIMNELGt. <br /> ,� <br /> By: �Y� <br /> Its: � C C� z By:� <br />