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HomeMy WebLinkAbout2017-01234 - escrow fee ' � CITY OF ORONO 2750 KELLEY PARKWAY * � � 1 � - � 1 Z 3 4 * DATE ISSUED: 09/29/2017 ORONO, MN 55356- (952) 249-4600 FAX: (952 249-4616 ADDRESS : 737 STONEBAY DR PIN : 33-118-23-11-0070 LEGAL DESC : STONEBAY THIRD ADDITION : LOT 003 BLOCK 001 PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: THIS$2,500 ESCROW PAYMENT FROM WOODDALE BUILDERS IS FOR THE FOLLOWING 2 ADDRESSES/PERMITS: 1.737 STONEBAY DRIVE 2017-01233 2.739 STONEBAY DRIVE 2017-01232 APPLICANT ESCROW FEE-BUILDING 2,500.00 TOTAL 2,500.00 WOODDALE BUILDERS INC. Payment(s) 6117 BLUE CR DR CHECK 88162 2,500.00 MINNETONKA,MN 55343- (952)345-0543 Minnesota State License#: BUIL-BC002926 OWNER O.T. Development,LLC LLC,O.T.DEVELOPMENT, 2670 KELLEY PKWY ORONO,MN 55356- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications,applicable Ciry 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.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 assuring all required inspections aze 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�day of ,20 �by and between the CITY OF ORONO, a Minnesota municipal corporati�on( City )and ("Owner(s)"). RE_ . �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)" ❑ Filed a zoning application# �gt_Filed an application for a 8uilding/aaojpg,Permit#0�17-Di �e1 ^�- �-p�7_b�233 o Agreed to cflmply with Orono City Code Section 78-1432 regarding ac�cessory structures. a Filed an Individual Sewer Treatment System (ISTS)permit appl"ication. o Requested to do work within public Right-of-Way a Filed a request for a Temporary Cerfrf'icate of Occupancy o Otfier ("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 accot�nt of, the Owne�. NOW THEREFORE,THE PARTiES AGREE AS FOLLOWS: 1. DEPOSIT REQUIRED. Contemporaneously with the execution of this Escrow Agreement, the Owner shaN deposit $ ?`� (•Escrovw') with the City necessary to secure coverage of the total costs associated with review, approval, and monitor�ng of the Applicabon. Any Escrow shall be held in a special escrow axount 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 incurred by the City in reviewing and approving the Application and all other city staff administrative and consultant servicss performed in the processing of said review and approval. • Buildina2onina. The purpose of the escrow is to guarantee completion of the site plan as approved and the provision of the as-built survey as requi►�ed by the Building of�icial. • Acoessorv 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 Adminis#rator, engineering and legal consultant expenses incurred 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 administra�ve and consultant services petformed in removing the accessory building, including tand stabilization. ■ �. The purpose of the Escrow is to guarantee reimbursement to the City for expen�itures 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 iegal 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 consultant services performed in relating to the Application. The City may also reimburse itseff for all engineering and legaF,expenses associated with the construction, removal, alteration, or repair of the ISTS if the Owner fails to do so. • Temoorary Certificate of Occuaancv 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 wili monthly forward to the Owner a statement and bili for the expenditures incurred by the City fo�staff and consultant services. Such statements shall be due and payable within 15 days for recQipt by the Owner. No statement wili 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 dces 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 incun�ed. The City shail 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. REIMBUR8EMENT OF ESCROW. The Ovmer shall r�eimburse the Escrow fund for any deficits caused if the amount actuaily expended by, or bilied to,the Ci.ty exceeds the escrow fund balance. 6. RIGHT OF ENTRY. • Zonin�. This section is not applicable. • Buildina. This seotion is not applicable. • Accessorv Structure. The Owner hereby grants the City, its agents, employees, offlcers and contractors the right to enter the property to remove the acoessory building(s) should the Owner not complete the removal obligations in Orono City Code Sedion 78-1432. ■ IST . 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, induding but not limited to conshucting or completing any and all of the agreed upon improvements should the Owne� not compfete those improvements by the date agreed upon. ■ T�maorarv Cerqflcate of Oocuoanc� 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 Escxow, if any, shall be retumed to(check one): �Owner o Applicant ❑ Other Na e: INOf;�(��i. ��U� Street Address/PO Box: Inll7 p,lu Q_ G� .19. Dr .li.ibl City/State/ZIP: iN1�nh� 1rnCe� MI�) ���,��_ 9. CERTIFIED UNPAID CHARGES. If the ApplicaUon is abandoned by Owner,or if the etigible 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. 1N WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year first above written. CITY OF ORONO: OWNER(s): BY: ��W;U 1^ BY: � � Y� �c��.�— January 2017 2