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HomeMy WebLinkAbout11-24-2014 - Memo- escrow refund Planning & Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant CC: Street File Date: November 24, 2014 G/L: 101-22205 Re: Escrow Refund Building Permit#2014-00035 pertaining to 2360 Willow Hill Drive is complete. Please refund $2,500 to the property owner, Jeff& Paula Barta. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Jeff& Paula Barta 2360 Willow Hill Drive Long Lake, MN 55356 w:\street files\willow hill drive\2360\escrow refund 2014-00035.docx BUILDING PERMIT ESCROW AGREEMENT �IOrrono Building Permit#2014-00035 AGREEMENT made this b day of 3 , 20 i`I, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") Jeff& Paula Bata (" wners"). Recitals 1. A building permit application has been filed for a new single family home located at 2360 Willow Hill Drive the ("Subject Property"), legally described as Lot 3, 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 #2014-00035 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. FkONO OWNER: Its: k7-‘( � Internal Use Only: 0 Original to Planning 0 Copy to Property Owner 0 Copy to Street File