HomeMy WebLinkAboutEscrow agreement for zoning application , • � • �� �
APPLICATION ESCROW AGREEMENT
Zoning Application #J� - �
AGREEMENT made this �`v` day of �� � � , 20 � � by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City") and • �;;.�!`� l�" ,s_� '�`
� . ,
[a corporation—opfiona!] ("Applicant").
Recitals
1. Applicant has filed Zoning Application # C;' Gf - �E formally requesting the City to
review plans for Bill Fox Residence
located at 1095 Ferndale Road W.
the "Subject Property") as more fully shown and described on Exhibit"A" attached hereto.
2. - Applicant requests the City to review said plans which requires City approval including
� Lakeshore Setback Variance, Hardcover Variance, Floodplain Conditional Use Per.mit
3. The City is willing to commence its review of the appiication and incur costs associated with said
review only if the Applicant 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 Applicant shall deposit �2,500.00 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, or legal consultant review) or will
incur in meeting with t�;e pplicant, y� Ewing the plans, and preparing agenda packet material for City Council
review of application #U � - '��F � Eligible expenses shall be consistent with expenses the
Applicant would be responsible for under a zoning and subdivision applicafion.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn
send a bill to the Applicant. Applicant shall be responsible for payment to the City within 30 days of the
Applicanfs receipt of bill.
4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicant does not make
payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without
further approval of the Applicant to reimburse the City for eligible expenses the City has incurred. The City shall
notify the Applicant of such draw and the nature of the expense for which the reimbursement is being made. If
the Escrow amount falls below 75% of the original escrow amount the Applicant shall deposit addifional sums 2s
directed by the City, or the City shall discontinue all review.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the
Applicant when the review has been completed.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicant, or if the eligible
expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid
balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012.
���ti
CITY: CIT O ; ORO APPLICANT/OWNER: ,,
� � � � � _,
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By: � gy. , �.,-;�-f�:`-t�- c s�7- _,�
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�t5. � `�y-- � l,�C� � �-C ✓ �t5. �'� f� .� G� �'/�✓`�✓'.!
- �� -
, � .
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 20 , by
, the of the City of Orono, a Minnesota municipal
corporafion, on behalf of the corporation and pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OFHENNEPIN )
ThJe foregoing instrument was acknowledged before me this�day of��,�_, 20�, by
_�Gw i C:� �oX , the Applicant.
I ,
�L� U�. '
� SUSAN L WEIR Notary Pubfic
Notary Public-State of Minnesota
p 1� My Commission Expires
s ''� January 31, 201 1
��x
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this day of , 20 by
[name of officer], the
[title of offcer), of [entity's name], a
[entity's designation, e.g. a Minnesota corporation], on behalf of
the [entity's designation], the Applicant.
Notary Pubfic
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EXHIBIT "A"
LEGAL DESCRIPTION
FOP
THE FOX RESIDENCE
1095 PERNDALE ROAD WEST
All t�at part o� I.ot 9, North Share Cotta�e �lcres I.a�Ze Minneton�a, lyin� southeasterly o� t�e
Sout�easterly lines o� Re�isterec� Land Survey No. 441 and Registered Lancl Survey No. 902,
and lying Northwesterly o�t�e Northwesterly line o� Registered Land Survey No. 1372.
, . . .
CONSENT TO ESCROW AGREEMENT
Bill Fox, Trustee and , ("Property Owners")
are the owners in fee simple of all or part of the property more particularly described in the foregoing Application to
Escrow Agreement, and for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, do hereby join in, consent to, and agree to the terms and conditions subject to the foregoing
Application to Escrow Agreement.
PROPERTY OWNE�(5):
(r � � , ��:. '"i
By � .=,, r
Its: h� ��,�c�f� 1�,����� ��`�� . �_
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By: �--1-°� —�-z� � � ✓����`i..�
Its: ,��;"a:�.��,/�jc
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 15 day of , 20�, by
{�i�t (�oX� �'rvs�-ee� , husband of hl�� , the Property
Owners.
S��--�—..�,.....�.�. ,
• SUSAN L WEIR � � n , �,
Notary Pubiic-State of Minnesota ����
; ,\� My Commission Expires NOtary PUbfiC
January 31, 201 1
.„-<.•:;
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 20_, by
, wife of , the Property Owners.
Notary Pubiic
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this day of , 2008 by
[name of o�cer), the
[title of officer], of [entity's name], a
[entity's designation, e.g. a Minnesota corporation], on behalf of
the [entity's designation].
Notary Public
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