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Home My WebLink About10-16-2012 re: building permit escrow refund Planning & Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant CC: Street File019 )\V Date: 10/16/2012 G/L: 101-22205 Re: Building Permit Escrow Refund Building Permit #2011-00459 pertaining to 1299 Wildhurst Trail is complete. The Applicant, Patti M. Hylen-Schimmel, has requested a refund of her$2,000 escrow. Jesse Struve reviewed the as-built survey. An email was not sent to Bonestroo or Bolton & Menk. The following is attached: • Escrow Refund Request • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Patti Hylen 49729 State Hwy 60 Lake Crystal, MN 56055 w:\street files\wildhurst trail\1299\escrow refund memo 2011-00459&11-3517.doc CZ/I/pis c'r.0 /2012 r OE `arOlvo • - er—c_•`1Z 99 7Q-9 /4/4, -27/7Y Pep .28 2011 8: 24RM Brownton P 0 3203284007 p. 2 Sep-28-Z011 09:IBam From-CITY OF ORONO +8522494616 1-194 P.002/002 F-548 • ZONING PERMIT ESCROW AGREEMENT Permit#2011-00459 and 11-3517 AGREEMENT made this R' day of 2011, by and between the CiTY OF ORONO a Minnesota municipal corporation ("City") and Patti M. H en-Schimmel ("Owners"). Recitals 1. A building permit application has been filed for a zoning permit for a property located at 1299 Wildhurst Trail the ("Subject Property"), legally described as southwesterly 75 feel of the southeasterly 100 feet of Lot 45,Tonkaview Gardens. Hennepin County, Minnesota, 2. Owner requests the City to review this application. 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 he 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 $2,000 with the City. All accrued interest, if any, shell 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 (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 under a zoning 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 permit #2011-00459 & 11.3517 if compliance with the approved zoning permit is not accomplished. S. 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 Inc 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 the review has been completed 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 386.012. CITY: CITY •F . OWNER: By: 1117- �tl - �- • Iiiiiiiiinfistmagmagargwamaiftheriiitii iw.YrfiOYi yk+!ISR , • ZONING PERMIT ESCROW AGREEMENT Permit#11-3517 AGREEMENT made this AO day 201 ,/, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Q I Wl kf1 ("Owners"). Recitals 1. A building permit application has been filed for a zoning permit for a property located at 1299 Wildhurst Trail the ("Subject Property"), legally described as Hennepin County Minnesota. 2. Owner requests the City to review this application. 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 Owners shall deposit $2000 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 (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 under a zoning 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 permit#11-3517 if compliance with the approved zoning 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. 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 the review has been completed 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: CITY OF ORONO OWNER: B y r— f—G'e%sem- Its: d" a' all seapi q Original coftlanning Department U,Copy to Street'File CITY OF ORONO PERMIT NO.: 2011-00686 2750 KELLEY PARKWAY ORONO, MN 55356- DATE ISSUED: 07/20/2011 (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 1299 WILDHURST TR PIN : 07-117-23-31-0031 LEGAL DESC : TONKAVIEW GARDENS : LOT 046 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$2,000 ESCROW IS TIED TO ZONING APPLICATION# 11-3517 APPLICANT ESCROW FEE-APPLICANT 2,000.00 SCHIMMEL ETAL,PATTI TOTAL 2,000.00 1299 WILDHURST TRAIL MOUND,MN 55364- OWNER SCHIMMEL ETAL,PATTI 1299 WILDHURST TRAIL MOUND,MN 55364- 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. \ Date Incomplete Notice Sent: Copy of Application Sent to: _____ Engineer on County on DNR on MCWD on LMCD on Date Property Owners Notified: Date Legal Notice Published: PC Meeting(s): Vote: Vote: Vote: Notice of PC Action: City Council Meeting(s): Vote: Vote: Vote: Notice of Council Action: Resolution: Cm% 2750 Keliey PParkway arkway City of 3rono Or'oto AN 5525E 95P-249-4600 Mt' Kelley Urono gM 55356 952-P49-4600 Receipt 3,004925 .J O7 2011 Receipt No: 3.005026 Jul 20, 2011 Patti Hylen Patti HVIen Planning and f.oninp 11-3517 1201 4I4',urst T 760.(Y Planning and Zoning rall 11-2517 1299 Wildnurst 7 2,000.r.* 10i-34420 Cond ilse-Varlance-5ev Pees 101-22205 Deferred Rev-Developer Deposit 7W„ ------------ Check Cheek No .3340 700.0() Check Pavori Check Not 3342 2,000.00 Pati Hvier Payor: To-;ai F,ppliedt M0, 0 Pd Hviet Total AupLed e.,000.00 Dame Tendered: .00 f7!071, Ni124.P1- , 07/20/11 utagim Checklist for Refunding Building Permit Escrows Building Permit # 2-0I1 '"C0 @ Street Address: 12.aq W i WUA15-I-- lva Applicant Name: ail-1i M A` 141 -.Wit vyirrteA Escrow request received Date: q '(I -- IL-- Permit - IL--Permit Type: Are all inspections completed? 0 No If not, list what is outstanding: Was there a Temporary Certificate of Occupancy issued? Yes No Date: NA- Was there a Final Certificate of Occupancy issued? Yes No Date: NA- As-built fr ii/ As-built survey required? Yes, approved on '6 '(,(D- (2,- NO NA D Frn^ij C'K & on_ t— rco to see if there is any unbilled WIP. Date email sent: J.S1m fe. ( VCAWe ptansisur Prepare memo for Finance Department z:\forms'\zoning standard forms\checklist for refunding building permit escrows.doc Last Updated: 10-31-2011 1:r' i2 111, .. 1 a— ' <....:' v., ...L.., .....- ....":11 .O 7-1 et+ 73 rj po '," 't '—'."1 - Z -; ..... ,- . I:, Et < ,-E6 , „.... ) z 0_ .-_ . — ..., ,. ....-- . .., -.2----- ...1t. ...7. 1 ... - --, ,...,,..._,, • . . L, z 3- I zw• — 7 ! t I „,.. . 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