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Metropolitan Council No. 17I064 <br /> ESCROW AGREEMENT <br /> AGREEMENT made this AA day of , , 2017, by and between the CITY OF ORONO,a Minnesota <br /> municipal corporation("City")and the Metrop litan Council("Owner(s)"). <br /> RECITALS <br /> A. The undersigned is/are the Owner(s)of the Subject Property and hereby agrees to and consent to the <br /> terms and conditions of this Escrow Agreement. <br /> B. Owner has: (check one) <br /> ❑ Filed a zoning application# <br /> • Filed an application for a Demolition Permit#2017-00702 <br /> o Agreed to comply with Orono City Code Section 78-1432 regarding accessory structures. <br /> o Filed an Individual Sewer Treatment System (ISTS)permit application. <br /> o Requested to do work within public Right-of-Way <br /> o Filed a request for a Temporary Certificate of Occupancy <br /> ❑ Other <br /> ("Application") on land situated in the City and located at 896 Old Crystal Bay Road South (the <br /> "Subject Property"); and <br /> C. The City is willing to review or monitor the Application. The Owner agrees to require its Contractor to <br /> reimburse the City for the actual costs expended by the City on behalf of,or on account of,the Owner. <br /> NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: <br /> 1. DEPOSIT REQUIRED. Contemporaneously with the execution of this Escrow Agreement,the Owner <br /> will require its Contractor to deposit$2,500 ("Escrow")with the City necessary to secure coverage of <br /> the total costs associated with review, approval, and monitoring of the Application. Any Escrow shall <br /> be held in a special escrow account and shall be credited to the Owner. <br /> 2. PURPOSE OF ESCROW. <br /> • Zonino. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures <br /> including but not be limited to staff time, at the rates established by the City Council, in excess of <br /> that covered by the standard application fees, engineering consultant and legal consultant <br /> expenses incurred by the City in reviewing and approving the Application and all other city staff <br /> administrative and consultant services performed in the processing of said review and approval. <br /> • Building/Zoning. The purpose of the escrow is to guarantee completion of the site plan as approved <br /> and the provision of the as-built survey as required by the Building official. <br /> • Accessory Structure. The purpose of the Escrow is to guarantee reimbursement to the City for <br /> expenditures including but not limited to staff time, at the rates established by the City <br /> Administrator, engineering and legal consultant expenses incurred by the City in removing an <br /> accessory building if the Owner fails to perform the obligations in Orono City Code Section 78-1432 <br /> and all other City staff administrative and consultant services performed in removing the accessory <br /> building, including land stabilization. <br /> • ISTS. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures <br /> including but not be limited to staff time, at the rates established by the City Council, in excess of <br /> that covered by the standard application fees, engineering consultant and legal consultant <br /> expenses incurred by the City if Owner for any reason is unable or unwilling to honor the <br /> requirements of Chapter 58 of the Orono City Code, and all other city staff administrative and <br /> consultant services performed in relating to the Application. The City may also reimburse itself for <br /> all engineering and legal expenses associated with the construction, removal, alteration, or repair <br /> of the ISTS if the Owner fails to do so. <br /> • Temoorary Certificate of Occupancy. The purpose of the Escrow is to guarantee completion of <br /> exterior improvements (driveway, grass, etc.) that cannot be accomplished due to weather <br /> conditions. <br /> 1 <br />