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HomeMy WebLinkAbout2015-01590 - escrow for new septic system ' ' ,� CITY OF ORONO * 2 0 1 5 - 0 1 5 9 0 * , 2750 KELLEY PARKWAY DATE ISSUED: 12/23/2015 ORONO,MN 55356- 952 249-4600 FAX: 952 249-4616 ADDRESS : 1025 SPRING HILL RD PIN : 26-118-23-43-0005 LEGAL DESC : UNPLATTED 26 118 23 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: ESCROW AGREEMENT FOR SEPTIC SYSTEM TIED TO NEW HOME#2015-01444-PAID BY OWNERS:JOHN&CYNDY BOWLSBY-CK#12660-$15,000.00. AGREEMENT GIVEN TO JEREMY IN PLANNING. APPLICANT ESCROW FEE-APPLICANT 15,000.00 TOTAL 15,000.00 BOWLSBY,JOHN&CYNDY Payment(s) 1025 SPRING HILL ROAD CHECK 12660 15,000.00 WAYZATA,MN 55391- OWNER BOWLSBY,JOHN&CYNDY 1025 SPRING HILL ROAD WAYZATA,MN 55391- AGREEMENT AND SWORl�1 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 governing 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,or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for asswing all required inspections are requested in conformance with the State Building Code.This permit may be revoked at any time for due cause. � {�C�� ��-IX��S U IZ 2 3 / � S Applicant Permitee Signature Date Issued By Signature Date , i , ESCROW AGREEMENT AGREEMENT made this 22"d day of December, 2015, by and between the CITY OF ORONO, a Minnesota municipal corporation("City") and John and Cindy Bowlsby, ("Owner"). , Recitals A. Owner has requested City approval for building permit approval for a building expansion("Project")on property located at 1025 Spring Hill Road Orono, Minnesota, legally described as: 26-118-23 43 0005 ("Subject Property"). B. The City has granted Approval for the Project subject to execution of this Agreement, whereby Owner will either(1) connect the Subject Property to the City sewage system, or(2) install a private, on-site sewage treatment system which conforms to all requirements of the City Code and state and federal law ("Improvements"). C. As a part of this Agreement, Owner will provide financial security to the City in the form of a cash escrow for the completion of said Improvements. NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit Fifteen Thousand/100 Dollars ($15,000.00) 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 that the Owner will construct the Improvements required on the Subject Property before July l, 2016 (the "Completion Date") in accordance with City Code and state and federal law. 3. OWNER'S DEFAULT. If the Owner has not constructed the Improvements by the Completion Date and paid all City fees associated with such improvements,the City may upon ten(10)days prior written notice to Owner draw from the escrow account without further approval of the Owner and/or construct the Improvements. If the City is required to perform the work the City will return any unused escrowed funds to the Owner after completion of the Improvements. If the escrowed funds are insufficient to reimburse the City its costs in completing the Improvements the Owner will promptly reimburse the City. 4. CLOSING ESCROW. If the Owner completes the Improvements and pays all fees and expenses required under this Agreement,the City will return the escrowed funds, if any, to the Owner without interest. 1 . ! , , 5. ACCESS TO SUBJECT PROPERTY. The Owner hereby grants to the City, its agents and its employees, the right to enter on the Subject Property for the specific purpose of inspecting or completing the Improvements pursuant to the terms of this Agreement. 6. MISCELLANEOUS. i. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. ii. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. iii. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. iv. The Owner may not assign this Agreement without the written permission of the City Council. The Owner's obligation hereunder shall continue in full force and effect even if the Owner sells the Property, or any part of it. CITY OF ORONO By: . oger Peitso, Building Official An . Jeremy Barnh , Community Development D're r OWNER: J and Cyndy Bowlsby By: [print name] ItS [tiUe] 2 ,. ;, . .IOHN G$CYNDY t$OIq/L�B'Y ` 's. _ m � ,' t '�+��;+ ` 6Q1 CARlSOFI PKWY SUIT�4d0, .� r`4 �'� .'; �" ��11V0 � - � M1M1fAtET�NKq,AQN 553()5 ,e, � < �` i �`�' ' , � � - -h:�Cs. �` �� � �� ����t�7l97p5a24 , � , : ,. , . , v, = • " 8b1725364t ` . . .. ---- . � �:... ,..,.::: _ � � - <c . �. , . . — .- . . ....._.. ..,. . � _ ,,.., PaY Yo ft�e ` : • ,; . Ord�vf " ._�° �; I $f`./����-�. .�-- � .i� . . . sy�'yn�hi�'.'. �..� . . ._ . ��w'.. ..g � �MidisF39uBs11Gl1/l � . ' . , � • u�u��f.�___ �y� � ._..._.e�,,,,« � . :. ;f` � � t � I � � � I i City of Orono 2750 Kelley Parkway Orono MN 55356 952-249-4600 Receipt No: 3.014848 Dec 23, 2015 John & Cyndy Bowlsby Planning and Zoning 2015-01590 1025 Spring 15,000.00 Hill Rd 101-22205 Deferred Rev-Developer Deposit --------------- Total: 15,000.00 --------------- --------------- Check Check No: 12660 15.000.00 Payor: John & Cyndy Bowlsby Total Applied: 15,000.00 --------------- Change Tendered: ,00 --------------- --------------- 12/23/2015 10:15AM