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Home My WebLink Aboutzoning permits - escrow refunds 7r Planning . Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant CC: Zoning File Date: August 31, 2017 G/L: 101-22205 Re: Escrow Refund Zoning Permit#17-3951 pertaining to 1020 Tonkawa Road is complete. Please refund$2,500 to the applicant, Stonwood, LLC. Mail to: Stonewood, LLC 153 E Lake Street Wayzata, MN 55391 z:\zoning applicatlons\2017#3886 thru\17-3951 (1020 tonkawa rd)var\escrow refund form 17-3951.doc x ESCROW AGREEMENT AGREEMENT made this z day of\J 120 1, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and ("Owner(s)"). RECITALS 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# ❑ Filed an application for a Building/Zoning Permit# ❑ Agreed to comply with Orono City Code Section 78-1432 regarding accessory structures. ❑ Filed an Individual Sewer Treatment System (ISTS) permit application. ❑ Requested to do work within public Right-of-Way ❑ Filed a request for a Temporary Certificate of Occupancy ❑ Other ("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 account of, the Owner. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT REQU D. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit $ — ("Escrow") with the City necessary to secure coverage of the total costs associated with review, approval, and monitoring of the Application. Any Escrow shall be held in a special escrow account and shall be credited to the Owner. 2. PURPOSE OF ESCROW. ■ Zoning. 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 services performed in the processing of said review and approval. ■ Building/Zonin-g. The purpose of the escrow is to guarantee completion of the site plan as approved and the provision of the as-built survey as required by the Building official. ■ Accessory 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 Administrator, 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 administrative and consultant services performed in removing the accessory building, including land stabilization. ■ ISTS. 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 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 itself for all engineering and legal expenses associated with the construction, removal, alteration, or repair of the ISTS if the Owner fails to do so. ■ Temporary Certificate of Occupancy. The purpose of the Escrow is to guarantee completion of exterior improvements (driveway, grass, etc.) that cannot be accomplished due to weather conditions. Variance Application—January 2017 Page 9 ' 3. MONTHLY BILLING. The City will monthly forward to the Owner a statement and bill for the expenditures incurred by the City for staff and consultant services. Such statements shall be due and payable within 15 days for receipt by the Owner. No statement will 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 does 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 incurred. The City shall 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. REIMBURSEMENT OF ESCROW. The Owner shall reimburse the Escrow fund for any deficits caused if the amount actually expended by, or billed to, the City exceeds the escrow fund balance. 6. RIGHT OF ENTRY. ■ Zoning. This section is not applicable. ■ Building. This section is not applicable. ■ Accessory Structure. The Owner hereby grants the City, its agents, employees, officers and contractors the right to enter the property to remove the accessory building(s) should the Owner not complete the removal obligations in Orono City Code Section 78-1432. ■ ISTS. 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, including but not limited to constructing or completing any and all of the agreed upon improvements should the Owner not complete those improvements by the date agreed upon. ■ Temporary Certificate of Occupancy. 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 bance of the Escrow, if any, shall be returned to (check one): Owner ❑ Applicant ❑ Other IN me: Street Address/ PO Box: City/State/ZIP: 9. CERTIFIED UNPAID CHARGES. If the Application 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. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. CITY OF ORONO: OWNER(s): BY: U9L BY: .�.� Variance Application—January 2017 Page 10 _... 1 STONEWOOD LLC 20a SO2 Snelling Avvenue �486 153 Lake Street E St Paul MN 55104 Wayzata,MN 55391 79-571759 (612)462-4000 7/5/2017 PAYTO THE ORDER OF City of Orono $ -2,500.00 Two Thousand Five Hundred and 00/100 oot�ARS City of Orono 2750 Kelley Parkway Orono MN 55356 MEMO AUTNORMI)SMA1W 1020 Tonkawa Rd STONEWOOD LLC 1485 City of Orono 7/5/2017 1250 Refundabl ;E 2,500.00 Y of ur'r 0 Kelley Parkway no MN 55356 952-249-4600 eipt No: 3.018668 Jul 6, 2017 Assc newood LLC 2,500.00 nning and Zoning 3951 1020 Tonkawa Rd 2,500.00 -22205 erred Rev-Developer Deposit al: 2,500.00 --------------- ck heck No: 14856 2,500.00 ayor: tonewood LLC al Applied: 2,500.00 ---------------- nge Tendered: .00 07/06/2017 04:12PM=====______= i Planning & Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant CC: Zoning File Date: June 20, 2017 G/L: 101-22205 Re: Escrow Refund Zoning Permit#17-3916 pertaining to 1020 Tonkawa Road is complete. Please refund$2,500 to the property owners, Forrest Burke Mail to Forrest Burke 380 Leaf Street Long Lake, MN 55356 zAzoning applications\2017#3886 thru\17-3916(1020 tonkawa rd)var\escxow refund 17-3916 docx ESCROW AGREEMENT AGREEMENT made this day of . 201, by and between the CITY OF ORONO, a Minnesota municipal corporation("City")and Forrest Burke("Owner(s)"). RECITALS 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 #17-3916. ■ Filed an application for a Building Permit for a new principal structure#2017-00734. ■ Filed an application for a Building Permit for a Swimming Pool# ❑ Agreed to comply with Orono City Code Section 78-1432 regarding accessory structures. ❑ Filed an Individual Sewer Treatment System (ISTS) permit application. L i Requested to do work within public Right-of-Way ❑ Filed a request for a Temporary Certificate of Occupancy ❑ Other ("Application")on land situated in the City and located at 1020 Tonkawa Road(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 account of,the Owner. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT REQUIRED. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit$2,500("Escrow')with the City necessary to secure coverage of the total costs associated with review, approval, and monitoring of the Application. Any Escrow shall be held in a special escrow account and shall be credited to the Owner. 2. PURPOSE OF ESCROW. ■ Zoning. 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 services performed in the processing of said review and approval. ■ Building/Zoning. The purpose of the escrow is to guarantee completion of the site plan as approved and the provision of the as-built survey as required by the Building official. • Accessory 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 Administrator, 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 administrative and consultant services performed in removing the accessory building, including land stabilization. • ISTS. 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 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 itself for all engineering and legal expenses associated with the construction, removal, alteration, or repair of the ISTS if the Owner fails to do so. • Temporary Certificate of Occupancy. 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 a 3. MONTHLY BILLING. The City will monthly forward to the Owner a statement and bill for the expenditures incurred by the City for staff and consultant services. Such statements shall be due and payable within 15 days for receipt by the Owner. No statement will 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 does 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 incurred. The City shall 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. REIMBURSEMENT OF ESCROW. The Owner shall reimburse the Escrow fund for any deficits caused if the amount actually expended by, or billed to, the City exceeds the escrow fund balance. 6. RIGHT OF ENTRY. • Zoning. This section is not applicable. ■ Building. This section is not applicable. ■ Accessory Structure. The Owner hereby grants the City, its agents, employees, officers and contractors the right to enter the property to remove the accessory building(s) should the Owner not complete the removal obligations in Orono City Code Section 78-1432. • ISTS. 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, including but not limited to constructing or completing any and all of the agreed upon improvements should the Owner not complete those improvements by the date agreed upon. • Temporary Certificate of Occupancy. 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 Escrow, if any, shall be returned to (check one): ■ Owner o Applicant o Other Name: Forrest Burke Street Address/PO Box: City/State/ZIP: 9. CERTIFIED UNPAID CHARGES. If the Application 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. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year first above written. CITY OF ORONO: 0WNER(s): BY: �L�� BY: �LZ� G' January 2017 2 CITY OF ORONO * 2 0 1 7 - 0 0 1 7 1 2750 KELLEY PARKWAY DATE ISSUED: 02/22/2017 ORONO, MN 55356- (952)249-4600 FAX: (952)249-4616 ADDRESS 1020 TONKAWA RD PITY 08-117-23-13-0014 LEGAL DESC REG. LAND SURVEY NO.0617 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 17-3916 APPLICANT ESCROW FEE-APPLICANT 2,500.00 TOTAL 2,500.00 BURKE,FORREST Payment(s) 380 LEAF ST CHECK 4010 2,500.00 LONG LAKE,MN 55356- OWNER BURKE, FORREST 380 LEAF ST LONG LAKE,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 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 I ESCROW AGREEMENT AGREEMENT made this !� day of , 201 ! b and between the CITY OF ORONO, a Minnesota municipal corporation("City")and D ST ("Owner(s)"). RECITALS 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. O ner has: check one Filed a zoning application# ❑ Filed an application for a Building/Zoning Permit# ❑ Agreed to comply with Orono City Code Section 78-1432 regarding accessory structures. ❑ Filed an Individual Sewer Treatment System (ISTS)permit application. ❑ Requested to do work within public Right-of-Way ❑ Filed a request for a Temporary Certificate of Occupancy ❑ Other ("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 account of,the Owner. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT REQUIRED.�ntemporaneously with the execution of this Escrow Agreement,the Owner shall deposit $ ("Escrow") with the City necessary to secure coverage of the total costs associated with review, approval, and monitoring of the Application. Any Escrow shall be held in a special escrow account and shall be credited to the Owner. 2. PURPOSE OF ESCROW. ■ Zoning. 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 services performed in the processing of said review and approval. ■ Building/Zoning. The purpose of the escrow is to guarantee completion of the site plan as approved and the provision of the as-built survey as required by the Building official. ■ Accessory 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 Administrator, 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 administrative and consultant services performed in removing the accessory building, including land stabilization. ■ ISTS. 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 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 itself for all engineering and legal expenses associated with the construction, removal, alteration, or repair of the ISTS if the Owner fails to do so. ■ Temporary Certificate of Occupancy. The purpose of the Escrow is to guarantee completion of exterior improvements (driveway, grass, etc.) that cannot be accomplished due to weather conditions. Variance Application-January 2017 Page 9 I 3. MONTHLY BILLING. The City will monthly forward to the Owner a statement and bill for the expenditures incurred by the City for staff and consultant services. Such statements shall be due and payable within 15 days for receipt by the Owner. No statement will 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 does 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 incurred. The City shall 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. REIMBURSEMENT OF ESCROW. The Owner shall reimburse the Escrow fund for any deficits caused if the amount actually expended by, or billed to,the City exceeds the escrow fund balance. 6. RIGHT OF ENTRY. ■ Zoning. This section is not applicable. ■ Building This section is not applicable. ■ Accessory Structure. The Owner hereby grants the City, its agents, employees, officers and contractors the right to enter the property to remove the accessory building(s) should the Owner not complete the removal obligations in Orono City Code Section 78-1432. ■ ISTS. 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, including but not limited to constructing or completing any and all of the agreed upon improvements should the Owner not complete those improvements by the date agreed upon. ■ Temoorary Certificate of Occuoancv. 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 b lance of the Escrow, if any, shall be returned to(check one): Owner ❑ Applicant F-1Ot��,ggr me: �bNlr'GS Mr�'U�✓k-� Street Address/PO Box: City/State/ZIP: 9. CERTIFIED UNPAID CHARGES. If the Application 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. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year first above written. CITY OF ORONO: OWNER(s): BY: WAO-A—� BY: nc0 ' Variance Application—January 2017 Page 10