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Home My WebLink About2009-00460 - escrow fee ' CITY OF ORONO PERMIT NO.: 2009-00460 2750 KELLEY PARKWAY ORONO,MN 55356- DATE ISSUED: 08/06/2009 952 249-4600 FAX: 952 249-4616 ADDRESS 2687 WAYZATA BLVD W PIN 33-118-23-13-0002 LEGAL DESC UNPLATTED 33 118 23 LOT 000 BLOCK 000 PERMIT TYPE ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE COMMERCIAL-BUSINESS CONSTRUCTION TYPE ESCROW FEE-TIED TO BUILDING PERMIT NOTE: THIS ESCROW PAYMENT OF$2,000.00 IS ASSOCIATED WITH BUILDING PERMIT#2009-00122 APPLICANT ESCROW FEE-BUILDING 2,000.00 Spensa Development Group TOTAL 2,000.00 601 CARLSON PKWY-SUITE#350 MINNETONKA,MN 55305- (952)449-5755 OWNER Spensa Development Group 601 CARLSON PKWY-SUITE#350 MINNETONKA,MN 55305- 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 SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. { LAND DISTURBANCE PERMIT# 00 r R0- ESCROW AGREEMENT AGREEMENT made this o?qM day of 33-1-Y 2002, by and between the CITY OF ORONO, a innesota municipal corporation ("City")and ►J(� l.,tk-E �20Pr✓fL'+lb�. �.�c. ("Owner"). Recitals 1. Owner has filed a Land Disturbance Permit#dW9-lo; oX formally requesting the City to review the Surface Water Pollution Protection Plan for a project located at_.,261y7 1fJ t(2Ar0- 9"40 the "Subject Property") as more fully shown and described on Exhibit"A"attached hereto. 2. Owner requests the City to review said plans which requires City approval requiring review and approval by but not limited to the following City Staff: City Engineer, City Attorney, City Inspector and Planning Staff. 3. The City 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 Owner shall deposit $ 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 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) Land Disturbance Permit #_?f - /,Aa . 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 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 the required erosion control measures, including but not limited to constructing or completing any and all of the agreed upon improvements should the Owner's contractor not complete those improvements by the date specified herein. 4 MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 5. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall notify the Owner of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as directed by the City, or the City shall discontinue all review. 6. 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 permitted site or common plan of development or sale. 6. CERTIFY UNPAID CHARGES. If the project 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. CITY: CI OF ONO OWNER: By: By: Its: �w. �- Its: r � STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 20 by the of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OFHENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20 by the Owner. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument wap acknowledged before me this day of WQL.4 12069, by [name of officer], the ✓e-+a )" d(e a 5 L.( Fle — title of,officer]], of Ln.A. La FroL,LL [enti 's name], a e 2 a_. o vvl + d Lia 'nv [entity's designation, e.g. a Minnesota corporation], on behalf of the � � a Fv Y [entity's des Owner. •�• PATRICK NICKELS � Minnesota My Comm.Expires Jan 31,2010 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: That part of the Southwest Quarter of the Northeast Quarter of Section 33, Township 118, Range 23, Hennepin County, Minnesota, described as follows: Commencing at a point on the South line of said Southwest Quarter of the Northeast Quarter, distant 1089.37 feet East from the Southwest corner thereof; thence North to a point on the North line of said Southwest Quarter of the Northeast Quarter, distant 1086.69 feet East from the Northwest corner thereof; thence West along said North line 200.02 feet to the actual point of beginning of the land to be described; thence South along a line parallel with the first above described line 440.94 feet; thence West parallel with the South line of said Southwest Quarter of the Northeast Quarter to its intersection with the West line of the East half of said Southwest Quarter of the Northeast Quarter; thence North along said West line to the Northwest corner of said East half of Southwest Quarter of the Northeast Quarter; thence East along the North line of said Southwest Quarter of the Northeast Quarter to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota.