HomeMy WebLinkAboutclosing out this permit file and refund escrow Melanie Curtis
From: Melanie Curtis
Sent: Monday, October 25, 2010 11:15 AM
To: 'Greg Engel'
Cc: Lyle Oman; Christine Mattson
Subject: RE: 2687 Wayzata Blvd
Greg
I apologize for the delay in my response.
In order to close out this permit file and refund the escrow an As-Built survey is required to be submitted to assure
compliance with the approved plans. The As-Built survey should also include details of the as-constructed concrete weir,
and the reduction of the rip-rap area.
Thanks, Melanie
Melanie Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial: 952.249.4627
Fax: 952.249.4616
Planning &Zoning Office 952.249.4620
Email: mcurtisCDci.orono.mn.us
Website: www.ci.orono.mn.us
From: Lyle Oman
Sent: Tuesday, September 28, 2010 9:58 AM
To: Melanie Curtis
Subject: FW: 2687 Wayzata Blvd
Lyle Oman
Building Official
City of Orono
TO SCHEDULE AN INSPECTION, CALL: 952.249.4600
952.249.4625- Direct Dial
952.249.4600- Main
952.249.4616- Fax
www.ci.orono.mn.us
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Office Hours: Monday- Friday 8:00 am to 4:30 pm
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Physical Address:
2750 Kelley Parkway
Orono, MN 55356
Mailing Address:
PO Box 66
1
Itrystal Bay, MN 55323-0066
From: Greg Engel [mailto:greg@spensagroup.coml
Sent: Monday, September 27, 2010 3:41 PM
To: Lyle Oman
Subject: 2687 Wayzata Blvd
Lyle,
Per my voice mail this afternoon, please call me to discuss 2687 W. Wayzata Blvd.
I am looking for documentation of final approval from the city for our work there and return of
the deposit paid in connection with the attached permit.
As you may recall, our neighbor to the east initially objected to the design of our retention.
Subsequently, we met with Maurice Wagener and Peter Johnson and agreed on
modifications to the our design. Mr. Johnson circulated a letter to that affect to both the city
and the city engineer in November 2009.
1 just want to make sure we are 100% complete and have the appropriate documentation in
our file.
Greg
GREG ENGEL
SPENSA DEVELOPMENT GROUP, LLC
EMAIL: GREG@SPENSAGROUP.COM
CELL: (612) 325.5824
OFFICE: (952) 404.3381
FAx: (480) 718.7658
MINNESOTA OFFICE:
601 CARLSON PARKWAY
SUITE 350
MINNETONKA, MN 55305
ARIZONA OFFICE:
10446 NORTH 74TH STREET
SUITE 150
SCOTTSDALE, AZ 85258
2
LAND DISTURBANCE PERMIT It 90047 - DD f A.D.
ESCROW AGREEMENT
AGREEMENT made this or, , day of<<lc/�Y 2001 ,by and between the CITY OF ORONO,a
innesota municipal corporation("City")and
L_1HcF �RapEtL'rl6C, u.cr ("Owner").
Recitals
1, Owner has filed a Land Disturbance Permit# 9-I.RX formally requesting the City to review the
Surface Water Pollution Protection Plan for a project located at.,. 2.#r*- &4A Jhe "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:
'E. 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# ,4 - /ate , 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: CIT r OF ONO OWNER: '
By: By.
Its: Its: l
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of 120 , 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 }
Q v This instrumen wa;acknowledged before me this 30� day of l.1! 20, by
rr (nam of officer],the 5c� ✓+rte" j ✓ a 5 u
(title of o cerj of ' r L [enti 's name], a i m N 2sa
l.i►'v► # �a� L, [entity's designation, e.g. a Minnesota corporation), on behalf of
the' +,, a G [entity's de ' naliz=Lthe Owner.
PATRMNKXM
dowry EV.
W comm.Exam
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.
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ppmits
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2005-00460 2687 wayiiita 2,OW.00
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Defsrred Rev-DPvelaper WDWit.. _
4 Total:
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Check OW.01)
Check Mo: 215 ,
L Lake Properties 11.0 ow.Total A")ted: + _ .00
Change Tendered: .�_�. _ 00
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