Loading...
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