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1 ♦ � <br /> TEMPORARY CERTIFICATE OF OCCUPANCY <br /> ESCROW AGREEMENT <br /> Orono Building Permit#2015-00014 and Pool Permit#2015-00564 <br /> AGREEMENT made this 25th day of February , 2016 , by and between the CITY OF <br /> ORONO, a Minnesota municipal corporation ("Cit�')and Steve 8�Stacia Andersen ("Owners"). <br /> Recitals <br /> 1. Construction of the new residence located at 517 Ferndale Road North the ("Subject <br /> Property"), legally described as That part of the North Half of fhe Southeast Quarter of <br /> the Northeast Quarter of Section 36, Township 118 North, Range 23 West of the 5th <br /> Principa/Meridian, described as follows: Beginning at a point in the South /ine of said <br /> North Ha/f of the Southeast Quarter of fhe Northeast Quarter, disfant 211 feet East of <br /> the Southwest corner thereof; thence East a/ong said South line 330 feet; thence at a <br /> right ang/e North 344.5 feet; thence at a right angle West to an rntersection with a /ine <br /> running from a poinf in the South line of said North Half of the Soufheast Quarter of the <br /> Northeast Quarter, distant 391 feef East of the Southwest corner thereof, to a point <br /> distant 675 feef South of fhe North line and 830.75 feet Wesf of the East line of <br /> Government Lot 3 in said section, said last described line being hereinafter designated <br /> and referred to as "Line A'; fhence Northerly a/ong said "Line A" fo a point 200 feet <br /> south of the North line of said North Ha/f of fhe Southeast Quarter of the Northeast <br /> Quarter; thence West paralle/ with the North line of said North Ha/f of the Southeast <br /> Quarter of the Northeast Quarter to an intersection with a line drawn norther/y from the <br /> point of beginning and paralle/with aforesaid "Line A'; thence southerly a/ong/asf said <br /> parallel line to the poinf of beginning in Orono, Hennepin County Minnesota, is the subject <br /> of building permit application number 2015-00014 has been completed. <br /> 2. Winter conditions currently prohibit completion of exterior improvements,final grading, and <br /> vegetation establishment. An as-built survey cannot be accurately conducted at this time. <br /> 3. Owners request the City issue a temporary certificate of occupancy("TCO")to the Owners <br /> so that the Owners may occupy the new residence. <br /> 4. The City will issue a TCO only if the Owners establish an escrow to ensure completion of <br /> exterior improvements, continuation of erosion control and submittal of an as-built survey <br /> to the Ciry. <br /> NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: <br /> 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow <br /> Agreement,the Owners shall deposit$10,000 with the City. All accrued interest, if any,shall be paid to the <br /> City to reimburse the City for its cost in administering the escrow account. <br /> 2. PURPOSE OF ESCROW. The purpose of the escrow is to assure completion of any <br /> exterior improvements, final grading, establishment of vegetation as well as guarantee reimbursement to <br /> the City for all out-of-pocket costs the City has incurred (including planning, engineering, in excess of$500, <br /> or legal consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with <br /> expenses the Owners would be responsible for under a building permit application. The escrow will also <br /> guarantee reimbursement to the City for all out-of-pocket costs the City has incurred to assure that the work <br /> is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City <br /> Code Chapter 79. The financial security may also be used by the City to eliminate any hazardous conditions <br /> associated with the work and to repair any damage to public property or infrastructure that is caused by the <br /> work (including planning, engineering, or legal consultant review) associated with building permit#2015- <br /> 00014 if compliance with the approved building permit is not accomplished. <br /> 155441 <br />