HomeMy WebLinkAbout06-23-2014 - Memo: Escrow refund Planning & Zoning
Department
Memo
To: Finance Department
From: Christine Mattson, Planning Assistant U
CC: Street File 6VAN
Date: June 23, 2014
G/L: 101-22205
Re: Escrow Refund
Building Permit Application #2013-00407 pertaining to 2325 Willow Hill Drive is complete.
Please refund $10,000 to the applicant, William &Aimee Guidera.
As-built survey was reviewed in-house.
The following is attached:
• Original signed escrow agreement
• Copy of cash register receipt showing escrow amount received
Mail to: William &Aimee Guidera
2325 Willow Hill Drive
Long Lake, MN 55356
w:\street files\willow hill drive\2325\escrow refund form 2013-00407.docx
TEMPORARY CERTIFICATE OF OCCUPANCY
ESCROW AGREEMENT
Orono Building Permit#2013-00407
AGREEMENT made this kO6` day of CS41a..0114_ , 201', by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City") and Wt „ns. 6uiOs ("Owners").
Recitals
1. Construction of the new residence located at 2325 Willow Hill Drive the ("Subject
Property"), legally described as Lot 1, Block 1, Willow Hill in Orono, Hennepin County
Minnesota, is the subject of building permit application number 2013-00407 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 #2013-00407 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.
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.
155441
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.
CITY: CITY OF ORONO OWNERS:
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Internal Use Only: 0 Original to Finance Department 0 Copy to Street File
155441
BUILDING PERMIT ESCROW AGREEMENT
Orono Building Permit#2013-00407
AGREEMENT made this to rK day of 'S—u N , 2013, by and between the CITY OF ORONO, a
Minnesota municipal corporation ("City") Bill&Aimee Guidera ("Owners").
Recitals
1. A building permit application has been filed for a new single family home located at 2325 Willow
Hill, the("Subject Property"), legally described as Lot 1, Block 1, Willow Hill, Hennepin County Minnesota.
2. Owners request 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$2,500 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, 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 #2013-00407 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.
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:
By: (e -- s_... .. \CIL
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Internal Use Only. 0 Original to Planning 0 Copy to Property Owner U Copy to Street File