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LAND USE APPLICATION ESCROW AGREEMENT <br /> Applications#10-3472 and#10-3480 <br /> AGREEMENT made this 1 day of Jlil ll , 2010 by and between the CITY OF <br /> ORONO, a Minnesota municipal corporation ("City") and Welsh Orono Senior Housing, LLC [a corporation] <br /> ("Owners"). <br /> Recitals <br /> 1. Owners have filed Zoning Applications #10-3472 and 10-3480 formally requesting the City to <br /> review plans for Ecumen Senior Living located at 875 Wayzata Boulevard West the "Subject Property") as more <br /> fully shown and described on Exhibit"A" attached hereto. <br /> 2. Owners request the City to review said plans which requires City approval including rezoning to <br /> RPUD, RPUD Concept and Master Development Plan approval and RPUD CUP. <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 $20,000.00 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 all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will <br /> incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council <br /> review of applications #10-3472 and 10-3480. Eligible expenses shall be consistent with expenses the Owners <br /> would be responsible for under a zoning and subdivision application. <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 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 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: ITY OF ORONO OWNERS: <br /> By: By: \\WO-- c-oro \--\ LLC. <br /> Its: V\ r-LU By: ./ <br /> Its: V;c.e_ <br /> (*ROI erLISe Only;; Ongâ–șnal`to_Finance Department :D Copy to Zoning File D Copy to Street File <br />