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HomeMy WebLinkAbout11-20-2017 - Memo: Escrow refund , Planning & Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistante), \I\ CC: Street File Date: November 20, 2017 G/L: 101-22205 Re: Escrow Refund Land Use Application #11-3515 and Permit Numbers 2011-00721, 2011-00846 and 2016- 00893 pertaining to 320 Woodhill Road are complete. Please refund 145 ,001 to the property owner, Gina Paulucci. CP Mail to: Gina Paulucci 320 Woodhill Road Wayzata, MN 55391 w:\street files\woodhill road\320\escrow refund form 2011-00721,2011-00846&2016-00893.docx LAND USE APPLICATION ESCROW AGREEMENT Application#o14/¢-O089,41-- AGREEMENT made this 12-I day of()0 6 / . , 20 1 , b and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and` l 7 � f(, by l/A e C_Ij [a corporation—optional] ("Owners"). Recitals 1. Owners have filed .an. Use Qpplic ti•- #Mao-40W 7 'formally requesting the City to review plans for the property addressed: . 'ciodayliii . (the "Subject Property") legally described as of oZ / 6 DC/ / E je,,�ac,J '(ate i-i-zo� 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish 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$02,1011-6 with the City. Ail 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, or legal consultant review) or will incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council review of Land Use Application#07D/4,-GVP4A Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shal 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 cease all reviews 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 all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 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 OF ORONO OWNERS: By: gild_62V___--' By .. , i14 .L.._,.,-- Its: .., -- ---7\>:.r.—��..r Its: Internif Use Only: 3 Original to Finance Department o Copy to Zoning File 9 Copy to Street File I Updated: May 2015 CITY OF ORONO 1111 X 111 1111 1 1 � I II* 2750 KELLEY PARKWAY DATE ISSUED: 07/27/2016 ORONO,MN 55356- (952)249-4600 FAX: (952) 249-4616 ADDRESS : 320 WOODHILL RD PIN : 02-117-23-13-0005 LEGAL DESC : EDGEWOOD PLACE : LOT 002 BLOCK 001 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT APPLICANT ESCROW FEE-APPLICANT 2,000.00 TOTAL 2,000.00 PAULUCCI,GINA Payment(s) 322 WOODHILL RD CHECK 6414 2,000.00 WAYZATA,MN 55391- OWNER PAULUCCI,GINA 322 WOODHILL RD 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 BUILDING PERMIT ESCROW AGREEMENT Land Use Application#11-3515 Zoning Permit# Z-0 It— 00 84.0 Building Permit#2011-00721 AGREEMENT made this � " day of h2kyast 20 //, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and �'i(✓ zci Na7ucc71 ("Owners"). Recitals 1. A building permit application has been filed for a CUP, land alteration permit and building permit located at 320 Woodhill Road, the ("Subject Property"), legally described as Lots 1 and 2, Block 1, Edgewood Place; also Tract I, Registered Land Survey No. 1098, files of the Registrar of Titles, Hennepin County, Minnesota. 2. Owners request the City to review the applications. 3. The City will commence its review of the applications 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 Land Use Application #11-3515; zoning permit#2011- (,reHe ; and building permit#2011-00721 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: ITY OF ORON� OWNER: By:�/ `� 1_ 2<(-40t_ 4r/ / Its: f- rJ Gon.X.A_T-3%',CP-SA or Internal Use Only: D Original to Planning D Copy to Property Owner D Copy to Street File • 1 Pty thy[ 't Omni: 22750 Kelley P Y ra.' Cana t1P 55.35E Ea..chg_i;.,0 Receipt 4',: ;i.005207 Au; 12, 2611 Sine Paulu.cci Planning anti 7Gilliiil 2011-00847 320 ' r dtii i i 1,6Ci i,10 Rd 1101.-2220% Deferred Rev-1eveicler Deo t •f C<L'm;• 1.800.C!C Check Check No: 582G l,B00.00 ?ayor• Bina Pa i1aC 1.3(j(ja vC' Total. Applied: __ _ Change Tendered: .04) /12/2011 1(;:'c.8 d`% r LAND USE APPLICATION ESCROW AGREEMENT Application #11-3515 AGREEMENT made this c9 day of ung , 20 / I , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City" /and Gina Paulucci ("Owners"). Recitals 1. Owners have filed Zoning Application #11-3515 formally requesting the City to review plans for grading and filling of 501 cubic yards or more located at 320 Woodhill Drive the "Subject Property") as legally described as Lots 1 and 2, Block 1, Edgewood Place, Hennepin County, Minnesota and Tract 1, Registered Land Survey No. 1098, Hennepin County, Minnesota. 2. Owners request the City to review said plans which requires City approval including grading and filling of 501 cubic yards or more. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish 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 $700 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, or legal consultant review) or will incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council review of application #11-3515. Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning and subdivision application. 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 cease all reviews 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. 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: CIT OF ORONO OWNERS: By: Q �� Its: Its: Internal Use Only: 0 Original to Finance Department 0 Copy to Zoning File 0 Copy to Street File ct Or4..,no 27FP L !iv Parbeay 141 103. RET..sii/t k: 3,004N7 ivp a lYkiPaclePci Plannine. and Nii1111 C.4.-3T. :TY ocih.1,11 Re 101-22205 ikferre6 P.?y-Dav6.opcx 761(A.i r.',heck Chetk Pk; 579,5 7t11.%oi."; Tc-poi; Sin:A Paottm! Ppoli26 Ci.ianqe TEntierpti :::======.7.7.= )6/29/il (.9! 9P4 ; CITY OF ORONO PERMIT NO.: 2011-00548 2750 KELLEY PARKWAY ORONO, MN 55356- DATE ISSUED: 06/29/2011 (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 320 WOODHILL RD PIN : 02-117-23-13-0005 LEGAL DESC : EDGEWOOD PLACE : LOT 002 BLOCK 001 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$700.00 ESCROW IS TIED TO ZONING APPLICATION#11-3515 APPLICANT ESCROW FEE-APPLICANT 700.00 PAULUCCI,J CONNER&G TOTAL 700.00 322 WOODHILL RD WAYZATA,MN 55391 OWNER PAULUCCI,J CONNER&G 322 WOODHILL RD 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.