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Home My WebLink About2017-01068 - escrow fee � . ,', . CITY OF ORONO * z 0 1 7 - a 1 0 s e� 2750 KELLEY PARKWAY DATE ISSUED: 09/05/2017 ORONO,MN 55356- (952)249-4600 FAX: 952)249-4616 ADDRESS : 570 SANDHILL DR PIN : 33-118-23-24-0016 LEGAL DESC : ORONO PRESERVE : LOT 9 BLOCK 1 PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: THIS$2500 ESCROW IS TIED TO BUILDING PERMIT 2017-01067 PAID BY DAVID WEEKLEY HOMES CHECK#2735593 APPLICANT ESCROW FEE-BUILDING 2,500.00 TOTAL 2,500.00 DAVID WEEKLEY HOMES Payment(s) 12800 WHITEWATERDRIVE#20 CHECK 2735593 2,500.00 MINNETONKA,MN 55343- Minnesota State License#:BUIL-BC697545 OWNER OPS Orono LLC 15250 WAYZATA BLVD#101 WAYZATA,MN 55391- 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 shail be compied with whether or not specified herein.This permit will expire and become null and void if construction suthorized is not commenced within I80 days of the date of issuance,or if construction is suspended for a period of l80 days at any time after work has commenced. The applicant is responsible for assuring all required inspections 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 J�� d of �t/;20/7, b and between the CITY OF ORONO, a Minnesota municipal corporation ("Ciry°)and t ("Owner(s)"). RECITALS A. The undersigned is/are the Owner(s)of the Subject Property and hereby agrees to and consent to the tertns and conditions of this Escrow Agreement. B. Owner has: (check one)� o Filed a zoning application# �s. Filed an application for a Building/Zoning Permit#�oi7-o�o�7 ❑ Agreed to comply with Orono City Cod�Section 78-1432 regarding accessory structures. o 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 o Other ("Application")on land situated in the City and located at (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 Ag�eement, the Owner shall deposit $o�i5D7"J.o� ("Escrow") with the City necessary to secure coverage of the total costs associated with review, approval, and monitoring of the Application. Any Escrow shall be held in a special escrow account and shall be credited to the Owner. 2. PURPOSE OF ESCROW. ■ Zonina. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not be limited to staff time, at the rates established by the City Council, in excess of that covered by the standard application fees, engineering consultant and legal consultant expenses incu�ed by the City in reviewing and approving the Application and all other city staff administrative and consultant services performed in the processing of said review and approval. ■ Building/Zoninq. The purpose of the escrow is to guarantee completion of the site plan as approved and the provision of the as-built sunrey as required by the Building official. ■ Accessory Structure. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not limited to staff Gme, at the rates established by the City Administrator, engineering and legal consultant expenses incuRed by the City in removing an accessory building if the Owner fails to perform the obligations in Orono City Code Section 78-1432 and all other City staff administrative and consultant services performed in removing the accessory building, including land stabilization. ■ ISTS. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not be li itgd to staff time, at the rates established by the City Council, in excess of that covered by th��tandard application fees, engineering consultant and legal consultant expenses incu�red by the„City if Owner for any reason is unable or unwilling to honor the requirements of Chapter 5$ of the Orono Ciry Code, and all other city staff administrative and consuttant services performed in relating to the Application. The City may also reimburse itself for all engineering and legat expenses associated with the construction, removal, alteration, or repair of the ISTS if the Owner fails to do so. ■ Temnorarv Certificate of Occupanc� The purpose of the Escrow is to guarantee completion of exterior improvements (driveway, grass, etc.) that cannot be accomplished due to weather conditions. January 2017 1 . - � . . 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 shall be due and payable within 15 days for receipt by the Owner. No statement will 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. ■ Buil in . This section is not applicabie. ■ Accessory Structure. The Owne� 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 ttie date agreed upon. • Temaorarv Certificate of Occunancv. 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 retumed to(check one): �Owner �Applicant . ❑ Ot er ame: /!�c Street Address/PO Box: / so City/State/ZIP: 9. CERTtf1ED UNPAID CHARGES. If the Application is abandoned by Owner,or if the eligible expenses incuned 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: OWNER(s): BY: BY: � v,e-e ►�e��ra/ 9/�./�� January 2017 2 , BANK OF RtVfE�?ICA �� ' 11 III ' , , , . 2T35593 ' TME WE�#�i.EY GROUP Of CC��IAPANI�S ` 1111 l+fi�E�#�"�`1�1 POST(?Al�RflAO HOU�74N,'�EX/�� 770�i5 I lu ' _: : _.. ' - 91885'18 08/25117 '"`""""53,835.7D VOID IF NOT CASHED IN 60 OAYS PAY Three fihrnesr�nd�'g#t�lundred And'T'htrry�'ive And 70t�Dfi:Dollars ' ro r�� C��r fl�oRo�4, nnN OI�OER OF:' PO BflX fi6 �RYS'f'AL BAY MN 55323 L _ �------- --- z aii�rHnR�7�DSlGN�TURF �+ 3,835.70 3,835.70 3,835.70