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Home My WebLink About2014-01371 - escrow fee CITY OF ORONO J. * 2 0 1 4 - 0 1 3 7 1 2750 KELLEY PARKWAY DATE ISSUED: 1 V25/2014 ORONO, MN 55356- 952) 249-4600 FAX: (952) 249-4616 ADDRESS 520 TONKAWA RD PIN 05-117-23-32-0005 LEGAL DESC REG. LAND SURVEY NO. 1305 : LOT 000 BLOCK 000 PERMIT TYPE ESCROW FEE-OTHER PROPERTY TYPE RESIDENTIAL CONSTRUCTION TYPE ESCROW FEE-OTHER NOTE: THIS$4300.00 ESCROW IS TIED TO ZONING PERMIT APPLICATION 2014-01285 AND INCLUDES 520,550 AND 630 TONKAWA ROAD APPLICANT ESCROW FEE-OTHER 4,300.00 TOTAL 4,300.00 Tonkawa, Inc. Payment(s) TWO CARLSON PARKWAY#475 CHECK 34081 4,300.00 PLYMOUTH,MN 55447- OWNER Tonkawa,Inc. TWO CARLSON PARKWAY#475 PLYMOUTH,MN 55447- 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 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 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 ZONING PERMIT ESCROW AGREEMENT Permit#2014-01285 AGREEMENT made this AP PA day of /�0reAV6+/' , 2014, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City")and Tonkawa, Inc., a Minnesota corporation ("Applicant'). Recitals 1. A zoning permit application#2014-01285(the"Application") has been filed regarding Applicant's wetland project (the "Proiect") affecting those certain properties located at 520, 550 & 630 Tonkawa Road, Orono, Minnesota legally described on Exhibit"A" (the"Subject Property"). 2. Applicant requests the City to review this Application. 3. The City will commence its review of the Application and incur costs associated with said review only if the Applicant establishes an escrow to ensure reimbursement to the City of its costs in regards to the Application as further defined in Paragraph 3 below(collectively, the"City's Costs"). NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Applicant shall deposit$5,000.00 with the City(the"Escrow Funds"). All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the Escrow Funds. 2. PURPOSE OF ESCROW.The purpose of this Escrow Agreement is to guarantee reimbursement to the City for all of the out-of-pocket costs the City has incurred or will incur in reviewing the Application (including planning, engineering or legal consultant review). Eligible expenses shall be consistent with the reasonable expenses any applicant would be responsible for under a zoning permit application. This Escrow Agreement also guarantees reimbursement to the City for all of the out-of-pocket costs the City incurs to assure that the Project is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The Escrow Funds may also be used by the City to eliminate any hazardous conditions associated with the Project and to repair any damage to public property or infrastructure that is caused by the Project (including planning, engineering, or legal consultant review) if compliance with the approved Application is not accomplished. 3. MONTHLY BILLING. As the City receives consultant bills for the City's Costs, the City will in turn send a bill to the Applicant. Applicant shall be responsible for payment to the City within 30 days of the Applicant's receipt of the bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicant does not make payment to the City within the timeframe outlined in Paragraph 3 above, the City shall issue a Stop Work Order until the Applicant pays all expenses invoiced pursuant to Paragraph 3 and the City may draw from the Escrow Funds without further approval of the Applicant to reimburse the City for the City's Costs. 5. CLOSING ESCROW. The balance of the Escrow Funds, if any, shall be returned to the Applicant when all of the requirements of the Application and this Escrow Agreement are complete. City Staff shall review the terms of the Application and Escrow Agreement two times per year to determine whether the requirements of the Application and Escrow Agreement have been successfully completed and whether it is appropriate to return the Escrow Funds. Applicant may also request the release of the Escrow Funds at any time following the completion of the Project and such Escrow Funds shall be released upon City Staff receiving the appropriate verification that all requirements of Application and this Escrow Agreement have been successfully completed. 6. CERTIFY UNPAID CHARGES. If the Project is abandoned by Applicant, or if the City's Costs exceed the amount of the Escrow Funds, the City shall have the right to certify the unpaid balance to the property owned by the Applicant and legally described as: Tract D, RLS No.1305, Hennepin County, Minnesota pursuant to Minn. Stat. §§415.01 and 366.012. crew rtt #a0/'J- 0/- CITY: CITY OF ORONO OWNER/APPLICANT: By: By: B#Svianson Its: ® Its: Vice President—Finance Internal Use Oni y p Origfna� o Piann, g DeparrFent }>n °G Copji to S ree dile pay i e F 3 Z"%-,� ��«►. Esq p c i�cK — o l 8S ZONING PERMIT ESCROW AGREEMENT Permit#2014-01285 Exhibit A Legal Description 520 Tonkawa Road (PID 05-117-23-32-0005):Tract D, RLS No. 1305, Hennepin County, Minnesota 550 Tonkawa Road (PID 05-117-23-32-0004):Tract C, RLS No. 1305, Hennepin County, Minnesota 630 Tonkawa Road (PID 05-117-23-33-0018): Lot 2, Block 1, Rosenthal Addition, Hennepin County, Minnesota 2wq—D/ZYs—