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HomeMy WebLinkAbout06-03-2015 - Memo: escrow refund Planning & Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant CC: Zoning File Date: June 3, 2015 G/L: 101-22205 Re: Escrow Refund Building Permit #2012-00596 pertaining to 1050 Willow View Drive is complete. Please refund the$2,000 to the property owner, Cristina Nicklow. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Cristina Nicklow 1050 Willow View Drive Long Lake, MN 55356 w:\street files\willow view drive\1050\escrow refund memo 2012-00596.docx WETLAND BUFFER ESTABLISHMENT ESCROW AGREEMENT Permit#2012-00596 AGREEMENT made this -4 I day of /4161x,-11- , 20 a<by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Konstandinos & Cristina Nicklow ("Owners"). Recitals 1. A building permit application has been filed for a swimming pool located at 1050 Willow View Drive the ("Subject Property"), legally described as Lot 1, Block 3, Willow View, Hennepin County, Minnesota. 2. The City has reviewed and approved this application. 3. The scope of the project which is the subject of building permit #2012-00596 triggers the application of the City's wetland buffer requirement as established by City Zoning Code Article XI Wetlands Protection 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 $2,000 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 guarantee the establishment and development of the required native wetland buffer and to reimburse 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 as part of the establishment of the wetland buffer. The escrow will also guarantee reimbursement to the City for all out-of-pocket costs the City has incurred associated with permit #2012-00596 if compliance with the wetland buffer establishment 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, the native wetland buffer established 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 0 ORQNO OWN By: �' Its: Ieltj CITY OF ORONO I11I 11I I 1 1)1i 1!1 F 1111 1 11 1l H1 111 11 1((I III 2750 KELLEY PARKWAY * DATT> 12E ISSUED: 0820 08/21/2012 ORONO, MN 55356- (952) 249-4600 FAX: (952)249-4616 ADDRESS : 1050 WILLOW VIEW DR PIN : 28-118-23-41-0011 LEGAL DESC : WILLOW VIEW : LOT 001 BLOCK 003 PERMIT TYPE : ESCROW FEE-WETLAND PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-WETLAND NOTE: THIS$2,000.00 ESCROW IS TIED TO PERMIT 2012-00596-WETLAND BUFFER • APPLICANT ESCROW FEE-WETLAND 2,000.00 NICKLOW,KONSTANDINOS&CRISTINA TOTAL 2,000.00 1050 WILLOW VIEW DR LONG LAKE,MN 55356 City ,.; Orono 2750 krll>��,•' Parizray • °row krfd 55.335, S52-249-4600 OWNER Receipt No: 3.0074.73 A1. 21,:201.2 I NICKLOW,KONSTANDINOS&CRISTINA i -Nicklc 1050 WILLOW VIEW DR 01) LONG LAKE,MN 55356 Prevltue 044r:eel Peewits Z012-00820 ;.050 e,�' IE1 Or .'iryllr�liFfe!: AGREEMENT AND SWORN STATEMENT IOI ccs The work for which this permit is issued shall be performed according to the approved plans and specifications,applicable City approvals,and the ri7�e.i: ,r , I State Building Code. This permit is for only the work described and does I '=r"�`� '=L' not grant permission for additional or related work which requires separate tJleck permits. All provisions of laws and ordinances governing this type of work t let+ Ne: 3820 ` shall be compied with whether or not specified herein.This permit will PennS expire and become null and void if construction authorized is not 1i F1daa commenced within 180 days of the date of issuance,or if construction is T` ai ``ied t ,0(4,00 suspended for a period of 180 days at any time after work has commenced. C i nae Tendered• --- The applicant is responsible for assuring all required inspections are 04 requested in conformance with the State Building Code.This permit may be revoked at any time for due cause. tiIr.f, 2012 11: Applicant Permitee Signature Date Issued By Signature Date SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.