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HomeMy WebLinkAbout2015-00978 - escrow agreement DEMOLITION PERMIT#2015-00978 ESCROW AGREEMENT AGREEMENT made this -24day of "O L'I , 20 by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and L.. ("Owners"). Recitals 1. An application for a demolition permit has been filed for single family home and four(4) accessory structures located at 185 Old Crystal Bay Road S ("Subject Property") legally described on attached Exhibit"A". 2. In conjunction with the demolition, erosion control measures are required as shown on attached Exhibit"B". NOW, THEREOFRE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $2,500 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 reimbursement to the City for all out-of-pocket costs (including planning, engineering, or legal consultant review)the City has incurred to assure that the erosion control measures are installed and maintained so the property complies with the provisions of Orono City Code Chapter 79. The financial security may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work. If compliance with the approved Land Disturbance Permit is not accomplished within the allowable time period, the City may bring the project into compliance by use of the security. 3. RIGHT OF ENTRY. The Owners hereby grant 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 the required erosion control measures, including but not limited to constructing or completing any and all of the agreed upon improvements should the Owners' contractor not complete those improvements by the date specified herein. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in#3 above, shall issue a Stop Work Order until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. Any remaining amount of the financial security deposited with the City for faithful performance of the plans and specifications and any related remedial work will be released after the completion and inspection of all such measures and the establishment of final stabilization for the Subject Property. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, 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. Cl Y: I Y OF NO OWNERS: By ati eutihsf�- e 6 � � Its: . n err 150784 DEMOLITION PERMIT#2015-00978 ESCROW AGREEMENT EXHIBIT "A" - LEGAL DESCRIPTION 150784 vir) 0,e d 'cly a o. U- a � 3 0 o m U W 0 m a m a � a tea°, U.j,0 CL w zjz ce!Ix raim �7N)I�N1 v �{ as a Lrj co ti CO d N N 1S � �n a V C6 �T C O a W 1LL `o a c Q m g T I � Qi G ATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED V & a PERMIT NO. � (� & COMPLETED /� ADDRESS 05 ! �' �--rt/,s tGc (� OWNER TELEPHONE NO. (1 U'-,59'`9"T3 i� CONTRACTOR SC ik 0eki 0-� V 3Z DESCRIPTION /� CD W ❑ FOOTING ❑ DEMO-FINAL ❑ SEPTIC FINAL Q ❑ POURED WALL ❑ PLUMBING RI ❑ EXCAV/GRADING/FILLING O ❑ FOUNDATION WATERPROOF ❑ PLUMBING FINAL ❑ TREE REMOVAL Z ❑ RADON SLAB ❑ MECHANICAL RI ❑ SITE INSPECTION Q ❑ FRAMING ❑ MECHANICAL FINAL ❑ RATED WALLS ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ COMPLAINT J "FINAL ❑ WATER HOOK-UP ❑ FOLLOW-UP ❑ AS BUILT-SURVEY ❑ SE.WER H K-UP ❑ FOUNDATION/REMOVAL v ❑ DEMO-SITE TIC TALL 2 OWNERICONTRACTOR TO MEET YOU YES NO D, COMMENTS: J O w e 6/ ��• ee�t ��� o 2 Co,�>;✓ts C 4-i0C✓ 4W,-,,,-,, 5 Se{e)*- W cc J W ❑WORK SATISFACTORY:PROCEED >KeROJECT COMPLETE cc ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY W O ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. p PHOTO TAKEN INSPECTOR WILL RETURN ❑STOP ORDER POSTED.CALL INSPECTOR CITATION ISSUED ❑INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contractor on site: Inspector. White CopylInspector's File Canary CopylSite Notice Planning . Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant CC: Street File Date: September 17, 2015 G/L: 101-22205 Re: Escrow Refund Demolition Permit#2015-00978 pertaining to 185 Old Crystal Bay Road,%is complete. Please refund $2,500 to the personal representative of the property, Dawn Mooney. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Dawn Mooney, RP Lillian Stubbs Estate 6165 County Road 6 Maple Plain, MN 55359 wAstreet files\old crystal bay rd s\185\escrow refund memo 2015-00978.docx RECEIVED SEP 14 2015 b6s 6974kA--� LILLIAN L.STUBBS ESTATE DAWN MOONEY PER.REP. 75-649/919 3169 LARRY STUBBS PER.REP. 185 N OLD CRYSTAL BAY ROAD � Silie- LONG.LAIG,MN 55356 _DA. PAY TO ...«.... , THE ER OF , z of 49W Hfy�21931 p' AR Bpz 279 Maple Plain,MN 55359 MEMO ,, �' ar City of Orono 2750 Kelley Parkway Orono MN 55356 952-249-4600 Receipt No: 3.014062 Aug 21, 2015 I Dawn Mooney Previous Balance: .00 Permits 2015-00978 185 Old 2,500.00 j Crystal Bay Rd S 101-22205 Deferred Rev-Developer Deposit --------------- Total: 2,500.00 --------------- Check Check No: 3169 2,500.00 Payor: Dawn Mooney Total Applied: 2,500.00 --------------- i Change Tendered: -----------_00- j 08/21/2015 08:37AM I