HomeMy WebLinkAboutItem 10 - City of Lake Elmo Master Escrow Agreement
City of Lake Elmo
Escrow Agreement for Municipal Review Services
Deposit Agreement
THIS AGREEMENT is made this _____ day of _____________________ 2013, by the Applicant and
Owner (hereinafter individually and collectively referred to as “Applicant”) in favor of the City of Lake
Elmo, a municipal corporation of Minnesota (hereinafter referred to as “City”).
A. “Applicant” whose name and address is:
_________________________________________________________
_________________________________________________________
_________________________________________________________
B. “Owner” whose name and address is:
_________________________________________________________
_________________________________________________________
_________________________________________________________
RECITALS
WHEREAS, the Applicant has applied to the City for approval for one or more of the following:
(Circle One)
1. Concept / Sketch Plan
2 Preliminary Plat
3. Final Plat
4. Planned Unit Development
5. Open Space Development
6. Conditional Use Permit
7. Commercial Zoning / Use
8. EAW Review
WHEREAS, the Applicant acknowledges the receipt of benefit to the property, from the City’s technical
and compliance review of the application; and
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412 and 462, the City
will process the application on the condition that the Applicant enter into this Deposit Agreement,
which agreement defines certain duties and responsibilities of the Applicant, as well as the City; and
the Applicant shall provide cash to the City in the amount satisfactory to the City; and provide security
to the City for the payment of all review costs incurred by the City.
NOW THEREFORE, the City and Applicant agree as follows:
1. Requirement. The Applicant is required to make the necessary deposits prior to the process of
municipal planning, public works, legal & engineering review commences.
2. Review Process. Applicant acknowledges and agrees that the City shall commence to review
and process the review request checked above at such a time that this Agreement is executed
by all parties and the cash required for the specific review is deposited and posted by the City’s
Finance Department. The City may provide a review completion schedule to the Applicant at
the time of deposit. The City reserves the right to modify the schedule based on the
completeness of the application, the need for additional information for review, or revisions to
the application that may occur during the scheduled review.
3. Use of Deposited Funds. The City may draw upon the deposits to pay the costs it incurs in
connection with reviewing the application. The City shall determine all of its costs, including
both administrative and consulting services, at the rates charged by the City or its consultants,
determined according to the City’s adopted fee schedule. A copy of the current administrative
and consulting rates is attached as Exhibit “A”, which rates are subject to change by the City,
without notice to the Applicant. Exhibit “A” should not be construed as an exhaustive list of
consultants and Applicants shall be responsible for all other consulting fees related to the
application. The City shall provide Applicant with the applicable rates for consultants used in
the review prior to commencement. This Agreement does not pertain to ancillary charges
incurred by reviewing of other governmental bodies, including but not limited to, Soil & Water
Conservation Districts, Washington County Government, Water Shed, or any other unit of
government that may, by right,have review authority.
4. Conditions of Deposit. The following stipulations and conditions shall apply to the deposit
account for review services contemplated under this Agreement.
a. Payment shall be made to City consultants, included but not limited to legal and
planning, in the amounts billed to the City, according to consulting rates in effect at the time of
the execution of the agreement. Such consulting deemed necessary for the proper review of
the application shall be at a usual and customary rate as it relates to the subject matter of the
application for payment as determined by the City.
b. The City shall reimburse itself from deposit accounts for all costs and expense incurred
by the City in connection with the implementation and enforcement of this Agreement.
Reimbursement shall occur on a monthly basis and the City’s Finance Department shall notify
Applicant of the reimbursement via account reconciliation report.
c. The City shall not be responsible for paying any interest on the money deposited under
the Agreement.
d. If in the discretion of both the City’s Finance Department and the Community
Development Department, there is deemed to be an inadequate balance in the deposit account
to pay for all fees and costs incurred by the City, the City will notify the Applicant for the need
for an additional deposit. The total of the additional deposit shall be calculated by City staff
based on the amount of work yet to be completed in the review of the application. Applicant
agrees to make the additional deposit within (10) days of a receipt of such notice. For purposes
hereof, receipt of notice shall be deemed made upon the depositing of the notice in the U.S.
Mail, postage paid. In the event, the Applicant fails to make the additional deposit with (10)
days of receipt of the notice, the City will terminate its review process and not re-commence
until the appropriate deposit is made and posted by the City’s Finance Department.
e. No applications will be processed or forwarded to the appropriate governing reviewing
body by the City until all amounts due under this Agreement have been paid in full.
5. Positive Balance in Escrow Accounts. Upon the happening of any of the following events, the
balance in the deposit account less outstanding fees shall be paid to the Applicant within (90)
days of receipt by the City of a written request by the Applicant for payment: (1) completion of
the development process; or (2) the application is withdrawn by the Application; (3) the
applicant is denied by the City for any reason.
6. Deposit Amounts. The initial deposit amount contemplated for each the purposes described
under the Agreement, which may be revised by the City from time to time, are set forth for
Exhibit “B” attached hereto.
7. Accounting. If there has been activity in the account, the City will provide a monthly
accounting of all expenses charged against the account or when requested by the Applicant. An
accounting will also be provided when the City notices the need for an additional escrow
deposit.
8. Terms of Breach. In the event of any terms of this Agreement are breached by the
Applicant, including, but not limited to failure to make additional deposits when required by the
City, the City may cease processing any application submitted by the Applicant or order the
Applicant to cease any further development or progress under the terms of this Agreement, or
both. Applicant indemnifies and holds the City harmless from any liability, claim, action or suit
by or any obligation to the Applicant arising from or in connection with the City exercising or
enforcing the terms and conditions of this Agreement or action on the Application. The
Applicant shall pay all costs and expenses, including reasonable attorney fees and suit costs,
incurred by the City arising from or in connection with the City any terms and conditions of this
Agreement.
9. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Agreement is for any reason held to be invalid, such invalidity shall not affect the validity of the
remaining portion of this Agreement.
10. Binding Agreement. The parties mutually recognize and agree that all terms and conditions of
this Agreement shall run with the land herein described and shall be binding upon the heirs,
successors, administrators and assigns of the parties referenced in this Agreement.
11. Amendments. The terms of this Agreement shall not be amended without the written consent
of the City and all parties hereto.
[ Signature Page Follows ]
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
APPLICANT OWNER:
______________________________ ______________________________
By:___________________________ By:____________________________
Its:____________________________ Its:____________________________
______________________________ ______________________________
By:___________________________ By:____________________________
Its:____________________________ Its:____________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of _______________, 2013, before me a Notary Public within and for said
County, personally appeared ______________________ and _________________________ to me
personally known, to be the person described in and who executed the foregoing instrument and
acknowledged that he / she/ they executed that same as his / her / their free act and deed.
________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of _______________, 2013, before me a Notary Public within and for said
County, personally appeared ______________________ and _________________________ to me
personally known, to be the person described in and who executed the foregoing instrument and
acknowledged that he / she/ they executed that same as his / her / their free act and deed.
________________________
Notary Public
CITY OF LAKE ELMO
_______________________________
By: Dean Zuleger
Its: City Administrator
_________________________________
Attest: Adam Bell, Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of _______________, 2013, before me a Notary Public within and for said
County, personally appeared ______________________ and _________________________ to me
personally known, to be the person described in and who executed the foregoing instrument and
acknowledged that he / she/ they executed that same as his / her / their free act and deed.
________________________
Notary Public
EXHIBIT A
2013 CITY OF LAKE ELMO CONTRACTED CONSULTING FEES
Review Category / (Approved Consultant) Current Fees
Civil Engineering (Focus Engineering)
- Senior Engineer $118 per hour
- Project Engineer $ 90 per hour
Legal (Johnson & Turner)
- Contracted City Attorney $130 per hour
- Paralegal Support $75 per hour
EXHIBIT B
2013 CITY OF LAKE ELMO REVIEW ESCROW SCHEDULE
APPLICATION TYPE ESCROW DEPOSIT MINIMUM AMOUNT
Concept Plan $3,500
Preliminary Plat Review $10,000
Final Plat Review $8,000
Planned Unit Development $7,500
Open Space Development $5,000 (<100 units)
$7,500 (>100 units)
Conditional Use Permit $1,050
Interim Use Permit $1,050
EAW $5,000
Commercial Development Approvals **See City of Lake Elmo Fee Schedule
For Office Use Only
_______________________________ _____________________________
Receipt Date Receipt Number
_______________________________ ______________________________
Escrow Amount Finance Dept. Accounting Code