3155 Casco Circle - Variance Application - 11-30-17

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ESCROW AGREEMENT AGREEMENT made this [P" day of N LA�e*"W , 20k-1, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and 1 !cv,n cLoA F%iricl.i Ke-,z+sc6 ("Owner(s)"). RECITALS A. The undersigned is I are the Owners) of the Subject Property and hereby agrees to and consent to the terms and conditions of this Escrow Agreement. B. Owner has: (check one) ❑ Filed a zoning application # ❑ Filed an application for a Building/Zoning Permit # ❑ Agreed to comply with Orono City Code Section 78-1432 regarding accessory structures. ❑ Filed an Individual Sewer Treatment System (ISTS) permit application. ❑ Requested to do work within public Right -of -Way ❑ Filed a request for a Temporary Certificate of Occupancy pt Other Filed an Average Setback Variance Application ("Application") on land situated in the City and located at 3155 Casco Circle, Orono, MN 5539, (the "Subject Property'); and C. The City is willing to review or monitor the Application only if the Owner agrees to reimburse the City for the actual costs expended by the City on behalf of, or on account of, the Owner. NOW THEREFORE. THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT REQUIRED. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit $ O ("Escrow") with the City necessary to secure coverage of the total costs associated with review, approval, and monitoring of the Application. Any Escrow shall be held in a special escrow account and shall be credited to the Owner. 2. PURPOSE OF ESCROW. • Zoning. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not be limited to staff time, at the rates established by the City Council, in excess of that covered by the standard application fees, engineering consultant and legal consultant expenses incurred by the City in reviewing and approving the Application and all other city staff administrative and consultant services performed in the processing of said review and approval. • BuildinatZoning. The purpose of the escrow is to guarantee completion of the site plan as approved and the provision of the as -built survey as required by the Building official. • Accessory Structure. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not limited to staff time, at the rates established by the City Administrator, engineering and legal consultant expenses incurred by the City in removing an accessory building if the Owner fails to perform the obligations in Orono City Code Section 78-1432 and all other City staff administrative and consultant services performed in removing the accessory building, including land stabilization. • ISTS. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not be limited to staff time, at the rates established by the City Council, in excess of that covered by the standard application fees, engineering consultant and legal consultant expenses incurred by the City if Owner for any reason is unable or unwilling to honor the requirements of Chapter 58 of the Orono City Code, and all other city staff administrative and consultant services performed in relating to the Application. The City may also reimburse itself for all engineering and legal expenses associated with the construction, removal, alteration, or repair of the ISTS if the Owner fails to do so. • Temporary Certificate of Occupancy. The purpose of the Escrow is to guarantee completion of exterior improvements (driveway, grass, etc.) that cannot be accomplished due to weather conditions. ianance Application - September 2017 Page 9