HomeMy WebLinkAbout2015-00035 - escrow fee CITY OF ORONO
* 2015 - 00035 *
2750 KELLEY PARKWAY DATE ISSUED: 01/13/2015
ORONO, MN 55356-
(952)249-4600 FAX: (952) 249-4616
ADDRESS 3955 WATERTOWN RD
PIN 32-118-23-32-0004
LEGAL DESC UNPLATTED 32 118 23
LOT 000 BLOCK 000
PERMIT TYPE ESCROW FEE-APPLICANT
PROPERTY TYPE RESIDENTIAL
CONSTRUCTION TYPE ESCROW FEE-APPLICANT
NOTE: ESCROW FOR TEMPORARY CERTIFICATE OF OCCUPANCY-PAID BY:B.BUTTERFIELD LANDSCAPE INC.CK#13991-
$7,500.00
APPLICANT ESCROW FEE-APPLICANT 7,500.00
TOTAL 7,500.00
B.BUTTERFIELD LANDSCAPE INC. Payment(s)
3925 WATERTOWN RD CHECK 13991 7,500.00
MAPLE PLAIN,MN 55359-
OWNER
Pillar Homes
3955 WATERTOWN RD
MAPLE PLAIN,MN 55359-
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 responsibl for assuring all required inspections are
requested in conformance ith the State Building Code.This permit may be
revoked at any t for du ause. / 1/1
�-- l /3
Signature Dae Issued y t afore Date
TEMPORARY CERTIFICATE OF OCCUPANCY
ESCROW AGREEMENT
Orono Building P rmit#2014-00610
AGREEMENT made this 13_4!�day of 20 ��? by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City") nd Brian &Judith Butterfield ("Owners").
Recitals
1. Construction of the new residence located at 3955 Watertown Road, the ("Subject
Property") legally described as: That part of the Northwest Quarter of the Southwest Quarter of
Section 32, Township 118 North, Range 23 West of the 5ei Principal Meridian, described as follows:
Commencing at a point on the West line of said Section 32, distant 876.6 feet South of the
Northwest comer of the Southwest Quarter of said Section 32; thence East and parallel to the
North line of said Southwest Quarter a distance of 100.81 feet to a point which is the actual point of
beginning of the tract of land to be described,• thence a left deflection of 10 degrees 57 minutes
from aforesaid East line, extended a distance of 339 feet more or less, to the center line of County
Road 45, thence Northwesterly along said center line of road to a point distant 313 feet
Southeasterly from a point on the West line of said Southwest Quarter, distant 304.6 feet South of
the Northwest comer thereof, thence Southwesterly a distance of 147.4 feet to a point distant
100.81 feet East of the West line of said Southwest Quarter and distant 284 feet North of the actual
point of beginning; thence South to the actual point of beginning in Orono, Hennepin County
Minnesota, is the subject of building permit number#2014-00610 has been completed.
2. Winter conditions currently prohibit completion of exterior improvements, final grading,
and vegetation establishment. An as-built survey cannot be accurately conducted at this
time.
3. Owners request the City issue a temporary certificate of occupancy ("TCO") to the
Owners so that the Owners may occupy the new residence.
4. The City will issue a TCO only if the Owners establish an escrow to ensure completion of
exterior improvements, continuation of erosion control and submittal of an as-built survey
to the City.
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit $10,000 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 assure completion of any
exterior improvements, final grading, establishment of vegetation as well as guarantee reimbursement to
the City for all out-of-pocket costs the City has incurred (including planning, engineering, in excess of
$500, or legal consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent
with expenses the Owners would be responsible for under a building permit application. The escrow will
also guarantee reimbursement to the City for all out-of-pocket costs the City has incurred to assure that
the work is completed in accordance with the Stormwater Pollution Prevention Plan and 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 (including planning, engineering, or legal consultant review)
associated with building permit'#2014-00610 if compliance with the approved building permit 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.
155441
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. The Balance on deposit in the escrow, if any, shall be returned to
the Owners when all requirements related to the project are complete. 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.
7. ACCESS TO SUBJECT PROPERTY. The Owners hereby grant to the City, its agents,
employees, officers and contractors, the right to enter upon the subject property for the specific purpose
of inspecting and completing any exterior improvements, final grading, establishment of vegetation and
the restoration of the subject property should the Owners not complete the work by the specified dates.
OWNERS. "
By.
Its:
155441