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, . <br /> ESCROW AGREEMENT <br /> AGREEMENT made this �� day of August, 2007, by and between the CITY OF <br /> ORONO, a Minnesota municipal corporation ("City") and Richard C. Gage and Britt L. Gage <br /> a married couple ("Property Owners"). <br /> Recitals <br /> A. Property Owners will be making land alterations at 2180 Abingdon Way, Orono <br /> (Lot 6 & part of Lot 5, Block 1, Abingdon Glen, Hennepin County) that will <br /> include disturbing the buffer for a wetland on the property. <br /> B. The City is requiring a security agreement to guarantee the required re-planting, <br /> and re-vegetation of the buffer is successful. <br /> C. Property Owners have agreed to complete or repair the items cited above in a timely <br /> fashion. Property Owners have agreed to provide financial security for the <br /> completion of the items cited above by entering into this Escrow Agreement. <br /> D. The City has determined that this Escrow Agreement constitutes adequate <br /> assurances from Property Owners, sufficient to protect the City from potential <br /> damages and noncompliance with the City Code. <br /> NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: <br /> 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of <br /> this Escrow Agreement, the Property Owners shall deposit $2000.00 with the City. All <br /> accrued interest, if any, shall be paid to the City to reimburse the City for its cost in <br /> administering the escrow account. <br /> 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee that the <br /> seeding of the buffer required as part of building permit number P11213 is completed <br /> properly and that any vegetation that does not establish successfully is replaced. A <br /> planting is deemed successful if there is at least one native plant from the seed mix per <br /> square foot in the seeded area. Areas where the planting is not successful shall be <br /> reseeded by the end of the growing season. The funds shall be spent by the City if <br /> Property Owners for any reason is unable or unwilling to honor the requirements of the City <br /> Code and any Development Agreement. Construction costs may also include engineering <br /> estimates and plans as well as labor and materials for any repairs or matters completed. <br />