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HomeMy WebLinkAbout2015-01363 - Escrow associated w/ 15-3793 � '�''` CITYr OF ORONO 2750 KELLEY PARKWAY * 2 0 1 5 — 0 1 3 6 3 * DATE ISSUED: 10/22/2015 OR01'�10,MN 55356- 952 249-460p FAX: 952 249-4616 ADDRESS : 2500 SHADYWOOD RD � PIN : 20-117-23-11-0034 LEGAL DESC : REG.LAND SURVEY NO; 1630 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : COMMERCIAL-BUSINE S CONSTRUCTION TYPE : ESCROW FEE-APPLICA�iT NOTE: THIS$10,000 ESCROW IS TIED TO ZONING APPLICAI�'ON 15-3793 APPLICANT ESCROW FEE-APPLICANT 10,000.00 ESCROW FEE-DEVELOPER 0.00 Freshwater Foundation TOTAL 10,000.00 CARGILL INC Payment(s) PO BOX 5626 CHECK 65283 10,000.00 MINNEAPOLIS MN 55440- , OWNER Freshwater Foundation CARGILL INC PO BOX 5626 MINNEAPOLIS,MN 55440- AGREEMENT AND SWORN STATEMENT The work for which this pertnit is issued shall be performed according to the approved plans and specifications,applicable City approvals,and the State Building Code. This permit is for only the work described and dces ; not grant permission for additional or related work which requires separate '' permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein.This permit will expire and become null and void if construction authorized is not commenced within l80 days of the date of issuance,or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections aze requested in conformance with the State Building Code.This permit may be revoked at any time for due cause. / / Applicant Permitee Signature Date Issued By Signature Date t , . LAND USE APPLICATION ESCROW AGREEMENT Application#, /� - 37'93 AGREEMENT made this��day of C�' 20�, b�y and between the CITY OF ORONO, a Minnesota municipal corporation ("C,itv") and 4ff� $. (oOpp/yJJ� J.."r'D, p�7'�C�S��P [a corporation—optionalj ("Owners°). Recitals 1. Owners have filed Zoning Appli¢ation# l5 - 3 793 formally requesting the City to review plans for a O located at the property addressed:2500 00 O O O (the "Subject Property" legally described asZ�• 7—2�3� = — ! � -00 O — �'-�3 "11�003� 2. Owners request the City to re�riew said plans which requires City approval and may r�quire consulting legal and/or engineering review. 3. The City is willing to commence'�its review of the application and incur costs associated with said review only if the Owners establish an escrow to�ensure reimbursement to the City of its costs.� NOW THEREFORE,THE PARTIES AGREE ASIFOLLOWS: 1. DEPOSIT OF ESCROW F�N S�. CContemporaneously with the execution of this Escrow Agreement, the Owners shall deposit$ 4 with the City. All accrued interest, if any, sha�l be paid�to the City to reimburse the City for its cost in administe ing the escrow account. - 2. PURPOSE OF ESCROW. The �urpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (i cluding planning, engineering, or legal consultant review) or will incur in meeting with th� Owners, reviewing th� plans, and preparing agenda packet material for City Council review of application #1� - 3 7 I3 Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use applic�tion. 3. MONTWLY BILLING. As the Cit receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be res�onsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCR�W ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outline in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may� draw from the escrow account without further approval of the Owners to reimburse the City for eligible expense�the City has incurred. 5. CLOSING ESCROW. The Balamce on deposit in the escrow, if any, shall be returned to the Owners when all requirements related to the proje�t are complete. City Staff shall review the terms of this escrow agreement two times per year to determine wh ther the requirements of the project have been successfully completed and whether it is appropriate to return ithe funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff r�ceiving the appropriate verification that all requirements of the project have been successfully completed. , • — 6. CERTIFY UNPAID CHARGES. If�he project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow,�he City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§415.01 nd 366.012. CITY: CITY OF ORONO � OWNERS: BY: � ', By: Its: �� /' r I�� Its: O _ . , ..� . . o p/9-� , • . ���.�. �� ,�_.�. �.�.���;._3< �, �,�._ ,._� �„.. �, :� ..._... ,,.. �., , .,��.. Packet Last Updated: Augusf 2015 Page 10 I