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HomeMy WebLinkAbout2017-00687 - escrow fee �` `�' CITY OF ORONO 2750 KELLEY PARKWAY * 2 0 1 7 — 0 PJ 6 8 7 * DATE ISSUED: 06/22/2017 ORONO, MN 55356- (952)249-4600 FAX: 952 249-4616 ADDRESS : 1760 SHORELINE DR PIN : 10-117-23-14-0017 LEGAL DESC : N/A : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$2500 ESCROW IS TIED TO ZONING APPLICATION 17-3950 PAID BY MICHAEL KUHLMAN APPLICANT ESCROW FEE-APPLICANT 2,500.00 TOTAL 2,500.00 Woodhouse Shoreline LLC Payment(s) 600 HIGHWAY 169 S#701 CHECK 5047 2,500.00 MINNEAPOLIS,MN 55426- OWNER Woodhouse Shoreline LLC 600 HIGHWAY 169 S#701 MINNEAPOLIS,MN 55426- 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 separate permits. All provisions of laws and ordinances governing this rype 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,or if construction is suspended for a period of 1 SO days at any time after work has commenced. The applicant is responsible for assuring alI required inspections are requested in conformance with the State Building Code.This permit may be revoked at any time for due cause. / / Applicant Perrr►itee Signature Date Issued By Signature Date � .� ESCROW AGREEMENT AGREEMENT made fhis�,day of.�t�c.h� 20 7 by an e eQ�he CtTY�F OR�NO, a Minnesota municipal corporation ("City")and M�(;��:.�,�{��Q Y-P�')i���!►A,�f�ner(sj"). RE�ITAt.S A. The undersigned is/are the Owner(s)of 3he Subject i'ropert�and heceby agrees to and consent to the tecros and conditions of this Escrow Agreement; B. Owner has: (check onQ) �r Filed a zonir�g application# �7- 3 9 Sb o Filed an appl(cation fior a 8uild'tnglZon�ng Permit# o Agreed to compiy wi#h Orono Gity Code Section 78-1432 regarding accessory strErctures. a �ited an individua!Sewsr Treatment System �iSTS}perm:it application. ❑ Requested to da work witMtn pubiic Righf-of-1Nay p �iled a request for a Temporary Certificate of(?�cupancy ❑ Ufher ' ("Application")or�land situated in tfie City and tocated at 7 b re ►n� r'� (the tlSubjeci Prppe��');and C. The Cfty is wiAing to review or monitor the ApplicatiQn only if the C3wner agrees to reirnburSe the City #or the actual costs expend�d by the City on behalf of, or on account of,the Owner. NOW TH�REFORE,THE PARTIES AGREE A$ FOLLOW$: 1. DEPOSIT RE 1RE0. Contemparaneousiy with the executk�n of tfiis Escraw Agreement,the Owtter shall depasit $ ���,(�scrow") with the City necessary to secure couerage of the:total costs associafed with rev�ew, approval, and monitoring of the. AppliCatiqn. Any Escrow sh��1 be held '+n a specia!escrowaceount and shall be credited to tt�e Owner. 2. PURPO�E OF ESCROW. ■ Zoninq. The pueqose of the Escrow is to guarantee reimbursement ta the City for expenditures including.but not be limited to staff time, at the rates �established by the City Council, rn �xcess of #hat covered by: the standard applicatifln fees, engineering conswltan� and legal consultan# expenses ineurred by the Gity in reviewing and approving the Application arrd si( other city staff admir�istra#ive and consu(tant serv'rces performed in the procQssing of said review and approvat. � Building/,�oning. The purpose of f�e esccow is ta.guarantee completion of the site plan,as apprpvet! and th�provisian of the as-built sur>rey as required by the Building official, � Accessorv �tructure. The purpose of the Escrow is to guarantee reimburs�ment to tfie Ciry for expenditures including but not limited to s#aff time, at th� rates established by the: City Administrator, engineering and tegal c�nsultant expenses incurred by the +City in removing an accessory bu.iiding if the Owner faiis to perform the obligations in Qrono City Code Section T�-1432 and al!otMer City staff administ�ative and consuttant senrices performgd in remaving the accessory buitding, inciuding land stabilization. • ISl`S. The purpose t�f�he Escrow is to guarantee ceimbursgmeot to the City for expen�itures inciuding but not be (imit8d to staff time, at the ra#es established by the Cify Council, in excess of th�t co�ered by the standarc! application fees, er►gineering consultant and tegal consul#ant expenses incurted by tl'� C�ty if Qwner fQr any reason is unable or unwiiting to honor the requiremen.ts of Chapter 58 af th� Orono City Code, and aA otf�r ci#y staff administcati+r� and consultant secvices performed in relating to th�application, The City may also reimhurse itseif for all engineering and legat expenses associated with the construeEion, remaval, aiteratu�n,or repair of the l�TS if the Own�r fails to do so. ■ 7`emz�oranr Ce�t�fcate of Qcc�ancv. 7he p�rpose af#he Escrow is to guarantee completion of exterior imprc�vements (drivewa�+, grass, etc:j tha# cannot be accomplish.ed due to vveather eonditions. l/arlence App/ication—January 2017 Page 9 �, � 3. MOWT'NL�Y BtLLING. The City will monthiy forwacd to the Owner a statement and biil for the expenditures incurred by the City for staff and GonsulEant services. Such s#aternents shaN be due and payabte within 15 days far reeeipi by tl3e Owner. No statement will be sent if th�re are no expenses incucred in#hs period since the mnst re�e�t statement. The �ity sha11 it8mize alt time, services, and materials bill�d to any Owner and said time, services, ancl materials shap be in accordance with the rules,regulations, and'fess as promulgated and adopted by the City Councii. 4. D�iS�URSEMENT F�20M �,fiCROW AC�;,QUI�'. Ih the event the Owner doss not make payrnent the City as required underparagfaph 3,the City may draw from the Escrow without further appraval cxf the Owner to reimburse the City for eligfbte expenses the City has incurred. The City shall pericsdically notify the Uwner af the draws the City has made and the nature of the expense for which the reimbursement is being made. 5. REtMBU.RSEMENT OF.ESCROW. The Uwner shaN reimburse the Escrow fund for any deficits caused if the amount actualiy expended by, or billed to,the City exceeds the escraw fund baiance. 6. RIGHT�F ENTRY. ■ Zoninn, This sec#ion is not appiicable. • 8uildinq. This section is not appaicable. • Accessonr 3tructure. The Owner hereby grants the City, ifs a�gents, empioyees, offieers and conEractors the right ta enfer the property ta rerraove the accessory buitdit�g(s)shouid the Owner noi complete the removal o6ligatfons in Orono Gity Code Seetion 78-1432. � ISTS. The Owner hereby granis the City, its agents, employees, afficers and eontractors the right to enter #he property to perform all work and 'rnspections deemed appropriate by the �ity in conjunction with replacement of ttie sepGc system, including but no# limited to consiructing ot cornpleting any and aA of the agfeed upon improverr�ents should the 4wner not complete those imprc�verrrents by the date agreed upon. ■ Terr►porarv C+ertificafe of Occupancv, fihis section is not appiicable. 7. NO INTEREST PAID. Ail accrued inieresi, i#any,shall bg paid to the City to reimbucse the City for its cost in administering the Escrow accdunt. 8. CL(3S.ING ESC�ROW. When the review has been completed or the project has been completed, the �b lance of the Escrow; if any,sh�ll be refurned to(check one): Owner ❑ Applicant O r Narrne: � l� lA � Street Address/PO Box: City/State/ZIP: �� 9. CERTtFtED UNPAID CHARtaES. If the App(ication is abandoned by Owner,or if the eligible expenses inicurred by the City�x�eed the amount in Escrow, the City&hati have fhe rigbt to ce�ct+fy the unpaid balance to the Subject Property pu+•suant to Minn.Stai. §§415.01 and 366.012. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of#he day and year first above written. CITY Of OR�NO: QVYNER{s): BY: BY: � �-u.� ._ ��lC�j l 2�(� Variance Appl'Kation—January 2017 Raga 10