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Home My WebLink About08-11-2014 - Memo: escrow refund Planning & Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant kt CC: Street File Date: August 11, 2014 G/L: 101-22205 Re: Escrow Refund Building Permit Application #2013-00825 pertaining to 870 Windjammer Lane is complete. Please refund the $2,500 to the applicant, Infinity Trading, LLC. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Infinity Trading, LLC 3010 Brodies Lane Wayzata, MN 55391 w:\street files\windjammer lane\870 windjammer In\escrow refund request 2013-00825.docx BUILDING PERMIT ESCROW AGREEMENT Orono Building Permit#2013-00825 and Demolition Permit#2013-00649 1ST n AGREEMENT made this a day of `�V`JST' , 20 , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City')Infinity Trading, Incorporated ("Owners"). Recitals 1. A demolition and building permit applications have been filed for demolition and new single family construction located at 870 Windjammer Lane the ("Subject Property"), legally described as Lot 8, Block 1, Pirates Cove, 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 demolition permit# 2013-00649 and building permit #2013-00825 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. :: ' TY 0 QRONO OWNER: 141,1_1.1 Its:'P 1 1 1 '1 i1, 'r�-��.1. A Internal Use Only: 0 Original to Planning a Copy to Property Owner 0 Copy to Street File DEMOLITION PERMIT 2013-00649 �.ES-CROW AGREEMENT AGREEMENT made this day of + 'v(I) , 20 t 3, by and between the CITY OF ORONO, a Minnesota municipal corporation("City")and Infinity Trading, Incorporated ("Owners"). Recitals 1. An application for a demolition permit has been filed for the principal structure located at 870 Windjammer Lane ("Subject Property") legally described as Lot 8, Block 1, Pirates Cove, Hennepin County, Minnesota. 2. In conjunction with the demolition,erosion control measures are required as shown on attached Exhibit "A". NOW,THEREOFRE,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 (including planning, engineering,or legal consultant review)the City has-incurred to assure that the erosion control measures are installed and maintained so the property complies with 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. 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 Owners hereby grant 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 Owners'contractor not complete those improvements by the date specified herein. 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. 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 Subject Property. 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: OF ORONO OWNERS: By: nel Its: l g #�,�1:�Ti41 . S Internal Use Only: 0 Original to Finance Department 0 Copy to Street File Cit of Orono 2750 Kelley Parkway j5L_24�_4600 Orono MN 5535 Receipt No: 3.009254 Jul 15, 2013 Infinity Custom Builders LLC Previous Balance; .00 Permits013-00650 870 2,500.00 Windjammer Lane 101-t2205 Deferred Revs-Developer Deposit Total: __^ _,500_00 Check r 2,500.00 Check No: 5007 Payor: Infinity Custom Builders LLC 2.500.U0 Total Applied: Change Tendered: .00 07/15/2013 12:40PM CITY OF ORONO 11 10IJII. 1 II 111111 II — 00650 * 2750 KELLEY PARKWAY DATE ISSUED: 07/15/2013 ORONO,MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 870 WINDJAMMER LA PIN : 07-117-23-11-0012 LEGAL DESC : PIRATES COVE : LOT 008 BLOCK 001 PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: THIS$2500 ESCROW IS TIED TO DEMOLITION PERMIT-2013-00649-PD CHECK#5007 APPLICANT ESCROW FEE-BUILDING 2,500.00 LLC,INFINITY CUSTOM BUILDERS TOTAL 2,500.00 3010 BRODIES LANE WAYZATA,MN 55391- OWNER LLC,INFINITY CUSTOM BUILDERS 3010 BRODIES LANE WAYZATA,MN 55391- 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. O"- ?ermr, t I o o PIN dfiti 14 . ►1 —, • ' a EN ® _« • Update Addre; Permit#: 12013-00825 t*" Main PIN Address Permit Address: [870 Windjammer La C Additional PIN Addires. Parcel Issue r Permit Issue General I Fees Inspections(10) I Notes I Applicant Detail I Co Detail I Seq Inspection Type Inspector Date Status I-I Fee Rec 1 F;ad'in Prevention Inspection WGIB 11,1(2013 'P 'r 0 w 2 Footing WGIB 912012013 P Y 0 ' 3 Poured Wall LOMA_ 9/27/2013 P 0 .4 Foundation Survey B/4 Framing MCUR 10 /9/26:13-0- 0 v 5 ,Framing METD1212012013 P Y 01 6 InsulationM — ETJ 1 1213112013 P Y 0 7 Escrow Refund Requested I __- B Escrow Refunded w 9 Final METD 6/12/2014 P Y 0 w 10 As-Built Survey CMAT--611212014 P 0 --.