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Home My WebLink About2009-00498 - escrow fee -- ► CITY OF ORONO PERMIT NO.: 2009-oo49s ' 2750 KELLEY PARKWAY � ORONO,MN 55356- DATE ISSUED: 08/18/2009 952 249-4600 FAX: 952 249-4616 ADDRESS : 2445 SHADYWOOD RD PIN : 20-117-23-11-0015 LEGAL DESC : TOWNSITE OF LANGDON PARK : LOT 000 BLOCK 004 PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: ESCROW PAYMENT OF$2,000.00 PAID CHECK#113337-TIED TO BLDG PERMIT-2009-00372 APPLICANT ESCROW FEE-BUILDING 2,000.00 NAVARRE, 1ST NATL BANK OF TOTAL 2,000.00 2445 SHADYWOOD RD MN 55392- OWNER NAVARRE, 1 ST NATL BANK OF 2445 SHADYWOOD RD ,MN 55392- 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 does not grant permission for additional or related work which requires sepazate permits. All provisions of laws and ordinances goveming this type of work shall be compied with whether or not specified herein.l'his permit will expire and become null and void if consuuction authorized is not commenced within 180 days of the date of issuance,or if construction is suspended for a period of 180 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 SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. , � � � LAND DISTURBANCE/BUILDING PERMIT#2009-00372 � ESCROW AGREEMENT AGREEMENT made this_�day of �� 20 4� by nd bety�een the CI F ORONO,a Minnesota municipal corporation("City")and 1 � /'J >n.�MZ-, �r4N� ['�F �-LIL, ��5� ("Owner"). Recitals 1. Owner has filed a Land Disturbance/Building Permit #2009-00372 formally requesting the City to review the Surface Water Pollution Protection Plan for a project located at 2445 Shadvwood Road the "Subject Property")as more fully shown and described on Exhibit"A"attached hereto. 2. Owner requests the City to review said plans which requires City approval requiring review and approval by but not limited to the following City Staff:City Engineer,City Attorney,City Inspector and Planning Staff. 3. The City will commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit $2000.00 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work (including planning, engineering, or legal consultant review) Land Disturbance/Building Permit #2009-00372. If compliance with the approved Land Disturbance Permit is not accomplished within the allowable time period,the City may bring the project into compliance by use of the security. 3. RIGHT OF ENTRY.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 the required erosion control measures,including but not limited to constructing or completing any and all of the agreed upon improvements should the Owner's contractor not complete those improvements by the date specified herein. 4 MONTHLY BILLING. As the City receives consu�tant bills for incurred costs, the City will in turn send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 5. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall notify the Owner of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as directed by the City, or the City shall discontinue all review. 6. CLOSING ESCROW. Any remaining amount of the financial security deposited with the City for faithful performance of the plans and specifications and any related remedial work will be released after the completion and inspection of all such measures and the establishment of final stabilization,for the permitted site or common plan of development or sale. 6. CERTIFY UNPAID CHARGES. If the project 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. CITY: CITY O OWNER: By: gy• /' � Its: �}�: � ., A' � � � EXHIBIT"A" LEGAL DESCRIPTION Thot porf of Lots 1 and 2, Block 4, TOWNS/TE OF LANGDON PARK, described as follows: Commencing at a point on the Northeasterly line of said Lot 2, a distance of 328.17 feet Southeosterly from the Northeost corner of said Lot 1; thence Southwesterly along a line a distance of 16.54 feet to the Southwesterly riqht—of—way line of County Road No. 19, which point is the actua/ point of beginning of the land to be described (said above Southwester/y /ine is descrlbed as follows: Commencing af o poinf on the Northeaster/y line of said Lot 2 a distance of 328.17 feet Southeasterly from the Norti►east corner of said Lot 1; thence Southwesterly a distance of 300.00 feei` to a point distant 242.87 feet Southeasterly of a point 100.00 feet East from a point on the West line of said Lot 1 distont 234.00 feet South from the Northwest corner of soid Lot 1); thence continue Southwesterly olong the above—described line a distance of 250.00 feet; fo a judiciol landmark; thence No�thwesterly a distance of 100.00 feet to 0 judiciol landmark; thence Northeasterly a distance of 250.00 feet to a judicial landmark on the Southwesterly right—of—way line of County Rood No. 19; thence Southeaster/y a/ong said right—of—way line a disfance of 100.00 feet to the point of beginning. �