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ESCROW AGREEMENT
AGREEMENT made this day of October 2008, by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City") and Timothy Pellizzer,owner("Owner")
of 520 North Arm, Orono (Lot 3 Block l, Victoria Estates, Hennepin County, Minnesota)
("Property").
Recitals
A. Owner is having a new house constructed on the Property that will trigger a
requirement for improvement of the buffer for a wetland on the property.
B. The City is requiring a security agreement to guarantee this improvement is
completed successfully.
C. Owner has agreed to complete this work before a final certificate of occupancy is
issued and to provide financial security for the completion of the items cited above
by entering into this Escrow Agreement.
D. The City has determined that this Escrow Agreement constitutes adequate
assurances from Owner, sufficient to protect the City from potential damages and
noncompliance with the City Code.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of
this Escrow Agreement, the Owner shall deposit $4,800 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 that the
buffer required as part of building permit number 2008-00142 is improved in accord with
the plan attached as Exhibit A and that any vegetation that does not establish successfully
is replaced. A planting is deemed successful if there is at least one native plant from the
seed mix per square foot in the seeded area. Areas where the planting is not successful
shall be reseeded by the end of the growing season. The funds shall be spent by the City if
Owner for any reason is unable or unwilling to honor the requirements of the City Code.
Construction costs may also include engineering estimates and plans as well as labor and
materials for any repairs or matters completed.
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4. DISBURSEMENT FROM ESCROW ACCOiJNT. If the City suspects or knows
of any matter cited above that is not completed correctly and in a timely fashion, it shall first
make demand of Owner to make any necessary repairs or to take other prudent remedial
measures within a 5 day time period. If Owner is unwilling or unable to honor his
agreement as deternuned by the City, the City may draw from the Escrow Account, as
necessary. The remedies afforded to the City under this agreement shall be in addition to
any other remedies which the City may be entitled by law or equity or other agreement.
5. CLOSING ESCROW. The escrow, less any eligible expenses, shall be returned
to the Owner two growing seasons after planting if the planting is successful. If
substantial portions of the plantings are not successful after one planting season the City
may hold the escrow for an additional planting season. If substantial portions of the
plantings are not successful after two planting seasons the City may hold the escrow for
two additional planting seasons.
6. ACCESS TO PROPERTY. Owner grants to the City, its agents and its
employees,the right to enter on the Property for the specific purpose of inspecting or
completing the improvement of the buffer should the Owner not complete the work by
the specified dates.
Timothy Pellizzer CITY OF ORONO
BY:
IT'S
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� September 17,2008
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� An outline of the suggested materials and procedures to be used to
� � establish a prairie grass and wildflower buffer along the
� � Shore of the Pellizer property in Orono
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� � A. Bidder Qualifications: The contractor shall submit their qualifications for approval at
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3 N Q least three weeks prior to the bid closing. To qualify, a contractor must document the
O N .� Following:
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�' � k l. That the personnel supervising and planting this project have documented experience
w a" w successfully planting prairies.
2. That the contractor's business specializes in prairie and savanna plantings and/or
restorations.
3. Assignment of a Qualified Labor Force thoroughly familiar and trained in the work.
B. Site Preparation:
1. In areas with actively growing vegetation apply Roundup Originalma�c�herbicide as
per manufacturer's directions. Allow a minimum of 10 days before disturbing the
vegetation with other procedures.
2. Burn off the dead vegetation by implementing a controlled burn using appropriate
procedures, equipment and permits.
3. Respray with Roundup Originalmax�herbicide if regrowth of vegetation occurs and
when it reaches approximately 10" to 12" in height.
4. Lightly till the soil to create an open seedbed.
5. Harrow or rake the soil to create a firm, smooth seedbed.
C. Seed and Seeding:
1. Seeding dates shall be in the spring or summer before August 10'h or in the fall between
September 20�' and freeze-up.
2. All seed shall be applied by broadcasting.
3. The seed mixes shall consist of the following species and amounts based on a rate of 12
lbs. native grass mix per acre and 5 lbs of native forbs per acre:
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' � Short dry mix: (approximately 50%)
� 53%Little bluestem,32%Side oats grama,
� 10%Blue grama by PLS weight.
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�, p 3%June grass, 1%Kalm's brome,
y � 1%Poverty oats grass by bulk weight.................................................. 4 lbs.
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� U Mixed height mesic mix: (approximately 40%)
y .-� 32%Big bluestem,28%Little bluestem,22%Indian grass,
� � 10%Side oats grama,3%Canada wild rye,2%Switch grass
Q � by PLS weight. 1%Kalm's brome, 1%June grass,
� � 1%Sand dropseed by bulk weight........................................................ 3 lbs.
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� .N :� Tall wet mix: (approximately 10%)
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4 3%Big b lues tem, 1 0%Cana da wi l d rye,
� � � 8%Switch grass,4%Indian grass,4%Little bluestem by PLS weight.
w a w 12%Cord gass, 10%Blue joint gass,
2%Fringed brome,2%Virginia wild rye,2%Wool grass,
2%Green bulrush, 1%Giant bur-reed by bulk weight......................... 1 lb.
Wildflowers oz./project area
Giant hyssop(Agastache foeniculum).................................................. 1 oz.
Leadplant(Amorpha canescens).......................................................... .5 oz.
Swamp milkweed(Asclepias incarnata).............................................. .5 oz.
Butterfly weed(Asclepias tuberosa).................................................... 1 oz.
Smooth aster(Aster laevis)................................................................... .5 oz.
New England aster(Aster novae-angliae)............................................ 1 oz.
Common ox-eye(Heliopsis helianthoides).......................................... 1 oz.
Bush clover(Lespedeza capitata)........................................................ .5 oz.
Tall blazing star(Liatris pycnostachya)............................................... 2 oz.
Wild bergamot(Monardafistulosa)..................................................... 1 oz.
White prairie clover(Petalostemum candidum)................................... 1 oz.
Purple prairie clover(Petalostemum purpureum)................................ 2 oz.
Mountain mint(Pycnanthemum virginianum)...................................... 1 oz.
Yellow coneflower(Ratibida pinnata)................................................. 1 oz.
Black-eyed Susan(Rudbeckia hirta).................................................... 2 oz.
Stiff goldenrod(Solidago rigida)......................................................... 1 oz.
Tall meadow rue(Thalictrum dasycarpum)......................................... 1 oz.
Blue vervain(Yerbena hastata)............................................................ 2 oz.
Culver's root(Veronicastrum virginicum)........................................... 1 oz.
Golden alexanders(Zizia aurea).......................................................... 1 oz.
D. Erosion Control:
1. The planted areas must be mulched with clean straw at a rate of 1.5 tons per acre.
E. Plants and Planting:
1. As an option, the planting can be further diversified with wildflower and/or grass
seedlings. These will be planted individually in appropriate microhabitats throughout,
or in designated areas of the project. The plants used will consist primarily of species
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� other than those previously seeded.
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� 2. A suggested total of 1,000 plants could be used.
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� �, Wildflowers
� U Canada anemone(Anemone canadensis) Meadow blazing star(Liatris ligulistglis)
� ^� Panicled aster(Aster lanceolatus) Turk's cap lily(Lilium michiganense)
� � Azure aster(Aster oolentangiensis) Prairie phlox(Phlox pilosa)
� Red-stalked aster(Aster puniceus) Prairie rose(Rosa arkansana)
3 N �, Northern bedstraw(Galium boreale) Balsam ragwort(Senecio paupercaulis)
O N .� Yellowish gentian(Gentiana alba) Ironweed(Vernonia fasciculata)
U � � Rough blazing star(Liatris aspera)
� N JC
W Q� W Grasses and Sedges
Prairie dropseed(Sporobolus heterolepis)
F. Management:
1. Management(maintenance)plays a vital role in the eventual success of any native
landscape installation, especially during the establishment period.
2. During the first growing season the project area may need to be mowed to control
annual weed development. If a"closed" canopy of weed cover develops, it should be
mowed to aid in the growth of the prairie seedlings by reducing competition. Mowing is
may also be necessary if the weeds are about to set seed. Optimum cutting height,
depending on the wildflower species present, is typically 4 to 6 inches. Mowings done
by PRI will be billed separately unless they are included as part of the installation
contract.
3. In years following the first growing season, management services could include site
monitoring, burning, mowing, spot spraying, or hand weeding. These services should
be contracted separately from the installation contract. Please note that management
services are typically billed on a time and materials basis (a breakdown of cost
ingredients would be available prior to contract acceptance).
G. Costs:
The base site preparation, seed and seeding work as outlined
Above can be completed for the lump sum of......................$4,200.00
Seedling plugs would be optional at$2/plant—installed.
Note: As an option,PRI will provide a follow-up consultation approximately 1 month after the
completion of the project(if the project was seeded in the fall,the consultation will occur the following
spring). The Restarationist(or salesperson)will meet with the project owner to assess the status of the
project,answer any questions,and provide any necessary recommendations. This follow-up consultation
will be provided at no additional cost.
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