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HomeMy WebLinkAbout2013 - 00244 - escrow fee r 7�. '". CITY OF ORONO 111111111111111111 II Il* 20 lI 2750 KELLEY PARKWAY DATE ISSUED: 04/12/2013 ORONO, MN 55356- (952) 249-4600 FAX: (952)249-4616 ADDRESS : 4550 WOLVERTON PL PIN : 31-118-23-31-0005 LEGAL DESC : FOXFYRE ESTATES : LOT 001 BLOCK 001 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$18,000 ESCROW IS TIED TO RESOLUTION NO.6136 APPLICANT ESCROW FEE-APPLICANT 18,000.00 STEPHENSON,REVIS L ESCROW FEE-DEVELOPER 0.00 4550 WOLVERTON PL MAPLE PLAIN,MN 55359- TOTAL 18,000.00 OWNER STEPHENSON,REVIS L 4550 WOLVERTON PL MAPLE PLAIN,MN 55359- 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. ESCROW AGREEMENT AGREEMENT made this 10th day of April 2013, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and WOLVERTON PLACE, LLC represented by Revis Stephenson ("Developer"). Recitals A. Developer will be performing construction activities on property located at 4550 Wolverton Place, City of Orono, Hennepin County, Minnesota ("subject property"). B. The City is requiring this Agreement to cover all consulting expenses incurred by the City to insure completion of the project. In addition, the escrow shall cover the expenses associated with removal of invasive species, tree mitigation, tree protection and wetland protection. C. Developer has agreed to provide financial security for the completion of the items cited above by entering into this Escrow Agreement. D. The City has determined that this Escrow Agreement constitutes adequate assurances from the Developer, sufficient to protect the City from potential damages and noncompliance with the City Code. NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Developer shall deposit Eighteen Thousand and No/100 Dollars ($18,000.00) 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 that the restoration requirements outlined in Resolution No.6136 are completed properly and that any vegetation that does not establish successfully is replaced. The City may also draw down on the escrow to prepare record plans if the Developer does not provide them at the end of the project. The City may also draw on the escrow for any expenses not reimbursed in Paragraph 3. 3. MONTHLY BILLING. The City will forward monthly to the Developer a statement and bill for the expenditures incurred by the City for staff and consultant services. Such statements shall be due and payable within fifteen (15) days of receipt by the Developer. No statement will be sent if there are no expenses incurred in the period since the most recent statement. The City shall itemize all time, services, and materials billed to the Developer and said time, services, and materials shall be in accordance with the rules, regulations, and fees as promulgated and adopted by the City Council. 169712 1 i 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event the Developer does not make payment to the City as provided in Paragraph 3 above,the City may draw from the escrow account from time to time without further approval of the Developer to reimburse the City for eligible expenses the City has incurred. The City shall periodically notify the Developer of the draws the City has made and the nature of the expense for which the reimbursement is being made. 5. CLOSING ESCROW. The escrow, less any eligible expenses, shall be returned to the Develper two growing seasons after planting if the planting is successful. If substantial portions of the plantings are not successful after one planting season the City may hold the escrow for an additional planting season. If substantial portions of the plantings are not successful after two planting seasons the City may hold the escrow for two additional planting seasons. 6. ACCESS TO SUBJECT PROPERTY. The Developer hereby grants to the City, its agents and its employees, the right to enter on the subject property for the specific purpose of inspecting or completing the restoration of the subject property should the Developer not complete the work by the specified dates. CITY OF ORONO B / y: , 6.4 DEVELOPER: By: 169712 2