2012-01168 - land alteration - Laserfiche WebLink

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ZONING PERMIT ESCROW AGREEMENT Permit#2012-01168 AGREEMENT made this��day of � ?�� , 2013, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Scott&Ire e Standa hereinafter the ("Applicants"). Recitals 1. A zoning permit application has been filed for properties located at: 3015 Casco Point Road, legally described as Tract C, and that part of Tract 8 lying Northerly of a line drawn from a point on the meander line on RLS 394, 50 feet south of intersection with Northerly line of said Tract 8, Hennepin County Minnesota; and 3025 Casco Point Road, legally described as That part of Tract A, lying Northerly of the following described line: Beginning at the Southeasterly corner of Tract 8; thence Southwesterly along a line drawn through a point on the base line shown on RLS 394, 80 feet Northwesterly from its intersection with the Southeasterly line or said Tract A, to the shore of Lake Minnetonka and there terminating; and That part of Tract 8, lying Southerly of a line drawn parallel with and 50 feet Southerly from the Northerly line of said Tract 8, said 50 feet being measured 50 feet measured along the Easferly line of said Tract 8; all in RLS 394, Hennepin County Minnesota, hereinafter collectively the("Subject Property"). 2. Applicants request the City to review this application. 3. The City will commence its review of the application and incur costs associated with said review only if the Applicants establish 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 Applicants shall deposit $2000.00 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 reviewing the plan. Eligible expenses shall be consistent with expenses the Applicants would be responsible for under a zoning permit application. The escrow will also guarantee reimbursement to the City for all out-of-pocket costs the City has incurred to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work (including planning, engineering, or legal consultant review) associated with permit#2012-01168 if compliance with the approved zoning permit is not accomplished. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Applicants. Applicants shall be responsible for payment to the City within 30 days of the Applicants' receipt of a bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicants do not make payment to the City within the timeframe outlined in#3 above, shall issue a Stop Work Order until the Applicants pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Applicants to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Applicants when the review has been completed and written notification is received from the Applicants requesting the funds. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicants, 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 homestead property of the Applicants at 3025 Casco Point Road, Orono, MN 55391 (PID No. 20- 117-23-34-0002) pursuant to Minn. Stat. Sections 415.01 and 366.01. CITY: �C TY OF ORONO OWNER: /�,. , By: �I u' �l�S" � �� r �. �ts: �'1� � �� Internal Use Only: �Original fb E�lanning�epartment �Copy to� „,, ��