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Home My WebLink About2017-00393 - escrow fee � � � CITY OF ORONO * 2 0 1 7 - 0 0 3 9 3 * 2750 KELLEY PARKWAY DATE ISSUED: 04/20/2017 ORONO,MN 55356- (952) 249-4600 FAX: (952)249-4616 ADDRESS : 1325 REST POINT LA PIN : 07-117-23-32-0053 LEGAL DESC : TONKAVIEW GARDENS : LOT 074 BLOCK 000 PERMIT TYPE : ESCRO'VV FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$700 ESCROW IS TIED TO ZONING APPLICATION 17-3938-PAID BY T C HOMES APPLICANT ESCROW FEE-APPLICANT 700.00 BLOMS,GERALD L&NANCY C TOTAL 700.00 4195 FOREST LAKE DR Payment(s) MOUND,MN 55364- CHECK 27246 700.00 OWNER � BLOMS,GERALD L&NANCY C 4195 FOREST LAKE DR MOLJND, MN 55364- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications,applicable City approvals,and the State Building Code. This permit is for only the work described and dces not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances goveming this type of work shall be compied with whether or not specified herein.This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance,ar if construction is suspended for a period of l80 days at any time after wlork has commenced. The applicant is responsible for assuring all required i�hspections are requested in conformance with the State Building Code.This permit may be revoked at any time for due cause. / / Applicant Permitee Signature Date Issued By Signature Date . - . � ESCROW AGREEMENT AGREEMENT made this I� day of � , 20L, by and between the CITY OF ORONO, a Minnesota municipai corporation ("City°)and /n�S ("Owner(s)"). RECITALS A. The undersigned is/are the Owner(s)of the Subject Property and hereby agrees to and consent to the terms and conditions of this Escrow Agreement. B. Owner has: (check one) �Q Filed a zoning application# l�- 3 I J� � ❑ Filed an application for a Building2oning 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 req�uest for a Temporary Certificate of Occupancy � Other Application')on land situated in the City and located at G i (the"Subject Property"); and C. The City is wilting 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 $ 7�b ,°D ("Escrov�') with the City necessary to secure coverage of the total costs associated wit#� 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 O�ESCROW. ■ Zonina. 7he 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. ■ Buildinc�/Zonina. 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 ofticial. ■ Accessorv 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 ff the Owner fails to perform the obligations in Orono City Code Section 78-1432 and all otlaer City staff administrative and consultant services pertormed in removing the accessory building, ihcluding 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, enginee�ing 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 consultarrt services pertormed 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. ■ Temnorarv Certificate of Occu�ancv. The purpose of the Escrow is to guarantee completion of exterior irriprovements (driveway, grass, etc.) that cannot be accomplished due to weather conditions. Variance Application-January 2017 Page 9 r � • 3. MONTHLY BILLING. The City will monthly forward to the Owner a statement and bill for the expenditures incurred by the City for staff and consultant services. Such statements shali be due and payable within 15 days for receipt by the Owner. No statement wiil be sent if there are no expenses incurred in the period since the most recent statement. The City shall itemize all time, services, and materials billed to any Owner and said time, services, and materials shall be in accordance with the rules, regulations, and fees as promulgated and adopted by the City Council. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event the Owner does not make payment the City as required under paragraph 3, the City may draw from the Escrow without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall periodically notify the Owner of the draws the City has made and the nature of the expense for which the reimbursement is being made. 5. REIMBURSEMENT OF ESCROW. The Owner shall reimburse the Escrow fund for any deficits caused if the amount actually expended by, or billed to, the City exceeds the escrow fund balance. 6. RIGHT OF ENTRY. ■ Zonina. This section is not applicable. ■ Buildin . This section is not applicable. ■ Accessorv Structure. The Owner hereby grants the City, its agents, employees, officers and contractors the right to enter the property to remove the accessory building(s) should the Owner not complete the removal obligations in Orono City Code Section 78-1432. ■ ISTS. The Owner hereby grants the City, its agents, employees, officers and contractors the right to enter the property to perform all work and inspections deemed appropriate by the City in conjunction with replacement of the septic system, including but not limited to constructing or completing any and all of the agreed upon improvements should the Owner not complete those improvements by the date agreed upon. • Temporarv Cert�cate of Occuaancv. This section is not applicable. 7. NO INTEREST PAID. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the Escrow account. 8. CLOSING ESCROW. When the review has been completed or the project has been completed, the balance of the Escrow, if any, shall be returned to(check one): ❑ Owner �Applicant ❑ Other Name: Tf C, t�-a rv��.s Street Address/PO Box: 1 3 Sc�t �al s a.m LAr.�.tJ� City/State/ZIP: �c�,s-� ,-� rY�u SS3 a;� 9. CERTIFIED UNPAID CHARGES. If the Application is abandoned by Owner,or if the eligible expenses incurred by the City exceed the amount in Escrow, the City shall have the right to certify the unpaid balance to the Subject Property pursuant to Minn. Stat. §§415.01 and 366.012. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year first above written. CITY OF ORONO: r�OWNER(s): BY: BY: ��' 1l.G�(, L"� �LL��/ � � Variance Application—January 2017 Page 10