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Home My WebLink About2011-00445 (escrow fee - tied to building permit) CITY OF ORONO PERMIT NO.: 2011-00445 . 2750 KELLEY PARKWAY ORONO, MN 55356- �ATE �ss[1En: 06/09/2011 952 249-4600 FAX: 952 249-4616 ADDRESS : 3382 BAYSIDE RD PIN : OS-117-23-14-0069 LEGAL DESC : BAYSIDE ADDN TO LAKE MINNETONK : LOT MB BLOCK MB PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BU[LD[NG PERMIT NOTG: TIGD TO BUILDING YEKMIT#2010-00733, FOR TEMPORARY CERTIFICATE OF OCCUPANCY APPLICANT ESCROW FEE-BUILDING 10,000.00 CHARLES CUDD LLC TOTAL 10,000.00 15050 23RD AVENUE N PLYMOUTH, MN 55447- �) Minnesota State License#: 20635245 OWNER HUTHWAITE, MICHAEL&MARILYN 7155 AINSWORTH DR GERMANTOWN, TN 38138- 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 ofwork 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. ��Q j � -_�� / / �c�-c ( ��'1 C�i' C�4� —�� Applicant Permitee Signature Date Issued By Signature Date SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW AGREEMENT Orono Building Permit#2010-00733 � AGREEMENT made this ~�rt day of �_Ju v�� , 20�, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and .loi-tz.�� 5�,�,��. Uf' �c�; ("Owners"). Recitals 1. Construction of the new residence located at 3382 Bayside Road, the ("Subject Property"), legally described as Lots 8, 9, 10 and 11, Block 5, Bayside Addition to Lake Minnetonka, in Orono, Hennepin County Minnesota, is the subject of building permit application number 2010-00733 has been completed. 2. Owners request the City issue a temporary certificate of occupancy ("TCO") to the Owners so that the Owners may occupy the new residence. 3. The City will issue a TCO only if the Owners establish an escrow to ensure completion of exterior improvements, continuation of erosion control and submittal of an as-built survey to the City. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $10,000 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 assure completion of any exterior improvements, final grading, establishment of vegetation as well as 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 building permit #2010-00733 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. 155441 7. ACCESS TO SUBJECT PROPERTY. The Owners hereby grant to the City, its agents, empioyees, officers and contractors, the right to enter upon the subject property for the specific purpose of inspecting and completing any exterior improvements, final grading, establishment of vegetation and the restoration of the subject property should the Owners not complete the work by the specified dates. CITY: CITY OF ORONO OWNERS: By: 2�, ItS: '�rJc,�na�+. �/�<GC��Ar n}/L� U� � T C !'I U'�� "„d�.� ��L7UZ� �#er�naf�Use�n.�y.. �� _r KK � � '��. �Original to Finance Department : �Copy to-.Street File 155441 Christine Mattson From: Steve Christopher[SChristopher@minnehahacreek.org] Sent: Friday, September 14, 2012 4:18 PM To: Christine Mattson Subject: RE: 3382 Bayside Road/ Building Permit#2010-00733 Christine, Yes, i can confirm that the property owner and contractor have met all of the District's requirements and the escrow can be released and the certificate of occupancy be issued. Please let me know if there are any concerns or questions. Steve Christopher Regulatory Program Manager 18202 Minnetonka Blvd. Deephaven, MN 55391 Direct: 952-641-4506 Office: 952-471-0590 Fax: 952-471-0682 www.minnehahacreek.or� YIVI .�� MIl�1NEHAHA CREEK w;ATERS�EI? Q15�1'&I�S From: Christine Mattson [mailto:CMattsonCa�ci.orono.mn.us] Sent: Friday, September 14, 2012 2:27 PM To: Steve Christopher Subject: 3382 Bayside Road / Building Permit #2010-00733 Hello, The City of Orono is holding a $10,000 escrow for the property addressed 3382 Bayside Road (Huthwaites). I understand from John Sonnek at Charles Cudd the MCWD has given final approval on the stream/bank project. Will you verify this is in fact true? If so, I will then continue to process their escrow refund request and issue their final certificate of occupancy. Thank you. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway ', Orono '; MN 55356 (physical addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailing addressJ `�° 952.249.4620 � 952.249.4616 � cmattson@ci.orono.mn.us �� www.ci.orono.mn.us 1 . • • . 1 � emo To: Finance Department From: Christine Mattson, Planning Assistant CC: Street File �/� Date: 9/18/2012 I " G/L: 101-22205 Re: Temporary Certificate of Occupancy Escrow Refund Building Permit #2010-00733 pertaining to 3382 Bayside Road is complete. The builder, Charles Cudd Denovo, has requested refund of the $10,000 temporary certificate of occupancy escrow they paid on behalf of their client. The following is attached: • Email from Minnehaha Creek Watershed District confirming 3382 Bayside Road is in compliance with their agency • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Check payable to: Charles Cudd Denovo 15050 23`�Avenue North Plymouth, MN 55447 DO NOT MAIL— builder wants to pick up check. Give check to me. w:�.street files�bayside road�3382\escrow refund memo for tco 2010-00733.doc TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW AGREEMENT Orono Building Permit#2010-00733 AGREEMENT made this `�7 day of tlia o� � , 20�, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City°) and J�?i-r��, -5�,-�;��,�. 'v'f' �cT�� ("Owners"). Recitals 1. Construction of the new residence located at 3382 Bayside Road, the ("Subject Property"), legally described as Lots 8, 9, 10 and 11, Block 5, Bayside Addition to Lake Minnetonka, in Orono, Hennepin County Minnesota, is the subject of building permit application number 2010-00733 has been completed. 2. Owners request the City issue a temporary certificate of occupancy ("TCO") to the Owners so that the Owners may occupy the new residence. 3. The City will issue a TCO only if the Owners establish an escrow to ensure completion of exterior improvements, continuation of erosion control and submittal of an as-built survey to the City. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $10,000 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 assure compietion of any exterior improvements, final grading, establishment of vegetation as well as 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 legai consultant review) associated with building permit #2010-00733 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. 155441 7. ACCESS TO SUBJECT PROPERTY. The Owners hereby grant to the City, its agents, employees, officers and contractors, the right to enter upon the subject property for the specific purpose of inspecting and completing any exterior improvements, final grading, establishment of vegetation and the restoration of the subject property should the Owners not complete the work by the specified dates. CITY: CITY OF ORONO OWNERS: By: � �' �2,� Itst �"irJt�...a�+. ��rc.C,,cor yll/U U f �� J% C 1-�.�� '�.� ��ovz> �'�etmaC:Use�O�nl.y.: a�-'° ,�]Original to-�inance Department n Copy to Street File 155441 City-af Urt,fla 275b Kelley Parkway Gror�o MN 55356 95c-�49-46UU Receipt No: 3.U44705 1un U9, 2011 Charles Cudd Rlanninq and Zor�ir�g Escri,w Depc�sit for �U1U-L} 1p,00�.0U 0733 10I-c"c.c.�5 Defarred Rev-Develooer Depusit T�:,t ai: � 10,�)OG.Qt7 Check -------- 1p,U0U.On F�ayor: Char^les Cudd Tota2 Applied: l0,GU0.Ov Change Tendered: .GG �I09/11 UJi44P'�