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� � LAND USE APPLICATION ESCRq W AG�F,EMENT <br /> Application #�_- � (O 7 'S <br /> AGREEMENT made this�day of . 'l't'L�L,�i20� "I , by and between the CITY OF <br /> ORONO; a Minnesota municipal corporation ("City") nd Robert P. Brook <br /> [a corporation—optionalJ ("Owners"). <br /> Recitals <br /> 1. Owners have filed Zoning Application# l ` - ���i !� formally requesting the City to <br /> review plans for a zoning variance <br /> located at the property addressed: 1165 Ferndale Road West, Orono, MN 55391 _ <br /> (the"Subject Property") legally described as ��/Gf•�c�( li�� 1�2� <br /> 2. Owners request the City to review said plans which requires City approval and may require <br /> consulting legal and/or engineering review. <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 $ 2,50o 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 ali out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will <br /> incur in meeting with the,Qwners, reviewing,the plans, and preparing agenda packet material for City Council <br /> review of application # ( '�( - �. Eligible expenses shall be consistent with expenses the Owners <br /> would be responsible for under a land use application. <br /> 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn <br /> send a biil 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 eligibie 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 /> CIT : ITY OF O ONO OWN <br /> B :�✓���iv�' <br /> Y y: <br /> its: � ��'��`�-- Its: Owne <br /> Internal Use Only: O Original to Finance Department �Copy to Zoning File ` Copy to Street File <br /> Packet Last Updated: March 2014 <br /> Page 10 of 27 <br />