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,r <br /> 1 1 <br /> � ZONING PERMIT ESCROW AGREEMENT <br /> ' Orono Zoning Permit# ����� (�d��� <br /> AGREEMENT made this 2"1� day of �. , 20�3 , by and between the CITY OF ORONO, <br /> a Minnesota municipal corporation ("City")and W aa�,� �i o � L..1_iG . ("Owners"). <br /> '� ���� Recitals <br /> 1. A � permit application has been filed for a zoning pe`mit or a�prp erty I�ocat�d3�t� <br /> 3165 iJa���au���{,the ("Subject Propert�'), legally described es �w C.�l-.� to�l�a�a"n <br /> Hennepin County Minnesota. <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 /> 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow <br /> Agreement, the Owners shall deposit $ S000.�ith 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 reviewing the plan. Eligible expenses shall be consistent with expenses the Owners would be responsible <br /> for under a zoning permit application. The escrow will also guarantee reimbursement to the City for all out-of- <br /> pocket costs the City has incurred to assure that the work is completed in accordance with the Stormwater <br /> Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be <br /> used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to <br /> public property or infrastructure that is caused by the w�qrk (including planning, engineering, or legal consultant <br /> review) associated with zoning permit #�3-011�7`I' if compliance with the approved zoning permit is not <br /> accomplished. <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 issue a Stop Work Order until the Owners pay <br /> all 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 and written notification is received from the Owners requesting the <br /> funds. <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 to the <br /> subject property pursuant to Minn. Stat. §§415.01 and 366.012. <br /> CITY: CITY OF ORONO OWNER: ��5�� Q^-� � LL�- <br /> By: 6 . J � <br /> �ts: a c� �t c` '��Uf.C��c�Za2, a.., ��- <br /> n'te,r�a �se,`�v !- ,'�� .__�"O�(��na�o �raa�"""'nce�3e�a rr�en � ����."�ile . <br />