HomeMy WebLinkAbout2012-00339 Wetland Buffer Memo Planning & Zoning
Department
Memo
To: Finance Department
From: Christine Mattson, Planning Assistant
CC: Street File C/
Date: June 9, 2014
G/L: 101-22205
Re: Escrow Refund
Wetland buffer establishment in conjunction with Building Permit #2012-00339 pertaining to
4115 Watertown Road is complete. Please refund $5,000 to the property owner, Mike Dyer.
The following is attached:
• Copy of the original signed escrow agreement
• Copy of cash register receipt showing escrow amount received
Mail to: Mike Dyer
4115 Watertown Road
Maple Plain, MN 55359
wAstreet files\watertown rd\4115\escrow refund request for 2012-00389.docx
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WETLAND BUFFER ESTABLISHMENT ESCROW AGREEMENT
Permit#2012-00339
AGREEMENT made this day of &,7P 20/S,-by and between the CITY OF ORONO,
a Minnesota municipal corporation("City")and Michael&Jill Dyer("Owners").
Recitals
1. A building permit application has been filed for a property located at 4115 Watertown Road the
("Subject Property"), legally described as Lot 2, Block 1, Maple Place Second Addition, Hennepin County,
Minnesota.
2. The City has reviewed and approved this application.
3. The scope of the project which is the subject of building permit #2012-00339 triggers the
application of the City's wetland buffer requirement as established by City Zoning Code Article XI Wetlands
Protection will commence its review of the application and incur costs associated with said review only if the
Owner establishes an escrow to ensure reimbursement to the City of its costs.
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement,the Owners shall deposit$5,000 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 the establishment and
development of the required native wetland buffer and to reimburse the City for all out-of-pocket costs the City
has incurred(including planning,engineering or legal consultant review)or will incur in reviewing the plan.Eligible
expenses shall be consistent with expenses the Owners would be responsible for as part of the establishment of
the wetland buffer.The escrow will also guarantee reimbursement to the City for all out-of-pocket costs the City
has incurred associated with permit #2012-00339 if compliance with the wetland buffer establishment is not
accomplished.
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.
S. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the
Owners when the review has been completed, the native wetland buffer established and written notification is
received from the Owners requesting the funds.
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.
CITY TY O OftON OWNER
By:
Internal Use Only: 13 Original to Planning Department 0 Copy to Street File
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