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HomeMy WebLinkAboutWetland Escrow Rerfund f Planning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant CC: Street File Date: 10/6/2011 Re: Wetland Escrow Refund According to John Smyth's email dated August 4, 2011, the thistles have been sprayed at 505 Willow Drive and the buffer is in compliance. The planning department is requesting the $6,000 escrow dated October 8, 2008 pertaining to 505 Willow Drive South be refunded. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: William Robinson 1311038 th Avenue N Plymouth, MN 55441 zAzoning applications\2008 zoning applications-#3335 thru#3388\08-3385 505 willow dr final plat majestic spruce adn\escrow refund memo for$6000.doc ESCROW AGREEMENT AGREEMENT made this 31" day of C, 20 ©b , by and between the CITY OF ORONO, a Minnesota municipal corporation("City") and WILLIAM G. ROBINSON, a single person("Contractor"). Recitals A. Contractor will be seeding the wetland buffer at 505 South Willow Drive, in the City of Orono, Hennepin County, Minnesota,that will include disturbing the buffer for a wetland on the property. B. The City is requiring a security agreement to guarantee the required revegetation of the buffer is successful. C. Contractor has agreed to complete or repair the items cited above in a timely fashion. Contractor 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 Contractor, 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 Contractor shall deposit $6,000.00 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 seeding of the buffer is completed properly by Contractor and that any vegetation that does not establish successfully is replaced. A planting is deemed successful if there is at least one native plant from the seed mix per square foot in the seeded area. Areas where the planting is not successful shall be reseeded by the end of the growing season. The funds shall be spent by the City if Contractor for any reason is unable or unwilling to honor the requirements of the City Code and any Development Agreement. Construction costs may also include engineering estimates and plans as well as labor and materials for any repairs or matters completed. 3. DISBURSEMENT FROM ESCROW ACCOUNT. If the City suspects or knows of any matter cited above that is not completed correctly and in a timely fashion,it shall first make demand of Contractor to make any necessary repairs or to take other prudent remedial measures within a 5 day time period. If Contractor is unwilling or unable to honor its agreement as determined by the City,the City may draw from the Escrow Account,as 141913 1 Lot 1,Block 1,Majestic Spruce Addition necessary. The remedies afforded to the City under this agreement shall be in addition to any other remedies which the City may be entitled by law or equity or other agreement. 4. CLOSING ESCROW. The escrow, less any eligible expenses, shall be returned to the Contractor 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. 5. RIGHT OF ENTRY. The Contractor hereby grants 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 seeding of the buffer, including but not limited to constructing or completing any and all of the agreed upon improvements should the Contractor not complete those improvements by the date specified herein. CITY OF ORONO By: —@a) Itst - CONTRACTOR: By: , William G. Robinson 141913 2 Lot 1,Block 1,Majestic Spruce Addition � a , Applicant : `Willi�rn Robinson - rF Address. 505.Willow`DnveS Long Lake, MN 55356' Owner: William.Robinson - Address: 505 Willow Drive,S Long Lake, MN 55356. bI S' 1 4 e .►,J LiJ ;�4 C. CU alIme a ry r0 r. �,i'�2- ..11' � �.. T�, :y,�y••...... ., x�"•�-':37� a,,� 99�� . ' ` s �. �.✓ *Mi MM#--:Wi- X43. .2 r. a ; - iri V,tiJ WLU �i• �1i1I `.. Y/ L.a�i w. - —- -- .yairic:ua. - - Vote: Notice of PC Action: City Council Meeting(s): Vote: Vote: Vote: Christine Mattson From: Sherry Charboneau [SCharboneau@ck-law.com] Sent: Tuesday, October 04, 2011 12:10 PM To: Christine Mattson Subject: RE: Unbilled WIP Christine: We do not have any unbilled WIP for any of the items listed below. Have a good day. Sherry Sherry L. Charboneau Legal Assistant CAMPBELL KNUTSON P.A. 1380 Corporate Center Curve•Suite 317•Eagan,MN 55121 2(651)234-6230•Fax:(651)452-5550 ®scharboneauCa)ck-law.com•www.ck-law.com From: Christine Mattson Imailto:CMattson@)ci.orono.mn.us] Sent: Tuesday, October 04, 20118:16 AM To: Darren Amundsen (darren.Amundsen(dbonestroo.com); Sherry Charboneau Subject: Unbilled WIP Good Morning, Any unbilled WIP for: P11305 1595 Bohns Point Road Robert Craig Homes/Pat&Kathy Holleran 2009-00021 3825 Cherry Ave Matthew Herman 08-3375/ 505 Willow Drive S William Robinson 08-3385 P09086 3320 Fox Street Gregory&Cynthia Haugen Thanks! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN 55323-0066(mailing address) 1 Christine Mattson From: Darren Amundsen [Darren.Amundsen@bonestroo.com] Sent: Wednesday, October 05, 2011 2:19 PM To: Christine Mattson Subject: RE: Unbilled WIP None on all. Sorry for the delay, I was confirming how our accounting system was behaving... Darren Amundsen,PE Associate Bonestroo, now Stantec Tel 651-604-4894 Cell 651-775-5623 darren.am undsen(&-stantec.com stantec.com Bonestroo has joined Stanteca professional services consulting firm recognized for its leadership in sustainability, depth and diversity of talent, and technical expertise. The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted,or used for any purpose except with Stanteds written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. Please consider the environment before printing this email. From: Christine Mattson [mailto:CMattson@ci.orono.mn.us1 Sent: Wednesday, October 05, 20112:03 PM To: Darren Amundsen Subject: FW: Unbilled WIP Darren, I know you are busy, but will you be able to look these up today? Thanks! From: Christine Mattson Sent: Tuesday, October 04, 20118:16 AM To: Darren Amundsen (darren.Amundsen(&bonestroo.com); 'Sherry Charboneau' Subject: Unbilled WIP Good Morning, Any unbilled WIP for: P11305 1595 Bohns Point Road Robert Craig Homes/Pat & Kathy Holleran No 2009-00021 3825 Cherry Ave Matthew Herman no 08-3375/ 505 Willow Drive S William Robinson no 08-3385 1 Checklist for Refunding Variance / Land Use Escrow Variance # Street Address: 505 w i tvp S Applicant Name: W AUM fGb6&7) ❑ Escrow request received Date: ❑ Is the resolution signed? Yes No As-built survey? Yes No Approved: Email CK & Bonestroo to see if there is any unbilled WIP. Date email sent: ❑ Prepare memo for Finance Department Peter Zimmerman to note in spreadsheet titled `DevDeposits2010.xlsx' refund was made. z:\forms\zoning standard fortes\checklist for refunding variance escrows.doc December 23,2010