Land Use Application/Bld permit escrow agreement

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LAND USE APPLICATION AND BUILDING PERMIT ESCROW AGREEMENT Orono Land Use Application #11-3507 Building Permit#2011-00700 AGREEMENT made this av�day of 20_Z4, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Bill & CyntN6 Bowman ("Owners"). Recitals 1. A variance application and building permit application have been filed for construction of a n addition to the home on the property located at 450 Willow Drive South the ("Subject Property"), legally described as The East 202.86 feet of the West 279.32 feet of the South 115.50 feet of the North Quarter of the Northwest Quarter of the Southwest Quarter of Section 3, Township 117, Range 23, West of the 5th Principal Meridian, Hennepin County, Minnesota. 2. Owners request the City to review these applications. 3. The City will commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $2,500 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 reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, in excess of $500, or legal consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Owners would be responsible for under a building permit application. The escrow will also guarantee reimbursement to the City for all out-of-pocket costs the City has incurred to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work (including planning, engineering, or legal consultant review) associated with File #11-3507 & 2011-00700 if compliance with the approved building permit is not accomplished. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall issue a Stop Work Order 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 expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed and written notification is received from the Owners requesting the funds. 6. CERTIFY UNPAID CHARGES. If the project is a*etowe r , or if a 'gible expenses incurred by the City exceed the amount in escrow, the City shall hth un id balance to the subje rWENO nn. Stat. §§415.01 and 366.012. CITY: C O By: Its: Internal Use Only: 0 Original to Planning 0 Copy to Property Owner 0 Copy to Street File