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HomeMy WebLinkAbout2013-00222 (escrow) ' � R CITY OF ORONO * 2 0 1 3 - P10 2 2 2 * 2750 KELLEY PARKWAY DATE ISSUED: 04/08/2013 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 4495 BAYSIDE RD PIN : 06-117-23-21-0004 LEGAL DESC : UNPLATTED 06 117 23 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-OTHER PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-OTHER NOTE: THIS$7500 ESCROW IS I'OR A TEMPORARY CERTIFICATE OF OCCUPANCY-PD CHECK#5749 APPLICANT ESCROW FEE-OTHER 7,500.00 Katherine Taylor Homes, Inc. P.O. BOX 35 TOTAL 7,500.00 LORETTO, MN 55357- OWNER Katherine Taylor Homes, Inc. P.O. BOX 35 LORETTO, MN 55357- 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 addi[ional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shal)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 afrer 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 Signatare Date SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. , , E TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW AGREEMENT Orono Building Permit#2012-00891 AGREEMENT made this �� day of , 20�, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") nd Mark & Shelley Souers ("Owners"). Recitals 1. Construction of the new residence located at 4495 Bayside Road the ("Subject Property"), legally described as see Attachment A, is the subject of building permit application number 2012-00891 has been completed. 2. Winter conditions currently prohibit completion of exterior improvements, final grading, and vegetation establishment. An as-built survey cannot be accurately conducted at this time. 3. Owners request the City issue a temporary certificate of occupancy ("TCO") to the Owners so that the Owners may occupy the new residence. 4. 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 have already deposited with the City $2,500, an additional $7,500 shall be deposited, for a total of $10,000. 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 #2012-00891 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. 155441 , , . 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. 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 OWNE`k2Sj� � i � By: C��2^%'�v����l'� .p`f'�, /! !1���d�-' ;-��� `� �+, < Its: /"�d��'1 i'1l�'l�l ��/� (.(����-�-' ' �rr.. '� ! ,,,; - �tl�.l118)US6�I1� `�� `��*m � � � �r-� , f y :�: ���� .�� a!to Finance Departrs�� _ .,,.:-.�3 Gop�r-to'���'li� 155441 , . BUILDING PERMIT ESCROW AGREEMENT Orono Building Permit#2012-00891 ATTACHMENT A-LEGAL DESCRIPTION � Thaf part of the Northeost Ouorter of the Northeast Quorfer of the Northwest Quarter, Section 6, Township 117, Range 23, described os folfows; ommencing vt the Northwest corner af said Northeost Quorter o �he Northeast Quarter ofuorte�4r�orter Quor�`err� 165 feef; East a/on the North lrne of sord 4 thence S uth porolle/ wifh tire West line of soid Quarte� 4uarter- Quarter S feet; thence West pora!le/ with fhe North line of soid Quarter orter t?uart�er 165 feet; to o point in the West line of soid Quarter orter L?uar-i�er; thence North o%ng said West lrne 52B feet fo the p ' t of begrnning, occording to the United SfQtes; Government Survey th reof ond situate in Hennepin County, M�nnesota. ' CITY OF ORONO * 2 0 1 3 - B 0 2 z 2 * 2750 KELLEY PARKWAY DATE ISSUED: 04/08/2013 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 4495 BAYSIDE RD PIN : 06-117-23-21-0004 LEGAL DESC : UNPLATTED 06 117 23 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-OTHER PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-OTHER NOTE: THIS$7500 ESCROW IS FOR A TEMPORARY CERTIFICATE OF OCCUPANCY-PD CHECK#5749 APPLICANT ESCROW FEE-OTHER 7,500.00 Katherine Taylor Homes, Inc. TOTAL 7,500.00 P.O. BOX 35 LORETTO, MN 55357- OWNER Katherine Taylor Homes, lnc. P.O. BOX 35 LORETTO, MN 55357- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed accordin�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 goveming 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 S[ate 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. BUILDING PERMIT ESCROW AGREEMENT Orono Building Permit#2012-00881 AGREEMENT made this�_day of , 20�by and between the CITY OF ORONO, a Minnesota municipal corporation ("City")and Mark Shelley Souers{"Owners"). Recitals 1. A building pe�mit application has been filed for new principal structure located at 4495 Bayside Road the("Subject Property"}, legalfy described as, see Attachment A. 2, Owners request the City to review this appiication. 3. The City will commence its review�f the appiication and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. iVOW 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 in#erest, 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 sscrow is to guarantee reimbursement to the City far all out-of-pocket costs the City has incurred (including planning, engineering, in excess of $500, or legal cansultant 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 a!I out-of-pocket costs the City has incurred to assure that the work is completed in accordance with the Storrnwater Pollufion 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 darnage to public property or infrastructure that is caused by the work (including planning, engineering, or legal consultant review) associated with bullding permlt #Z012-00881 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. DtSBURSEMENT FROM ESCROW ACCOUNT. In the evant that the Owners do not make paymenf 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. CLCI�SIN� ESCROW. The Balance on deposit in the escrow, if any, sh�ll be r�#urned to the . Owners when the review has been completed and written natification 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. CI . C TY O ORONO OWN � � By. � ' : � �r V4�'�w����, ��: �1I`�I � i'ti� BUILDING PERMIT ESCROW AGREEMENT Orono Bullding Permit#2012-00891 ATTACHMENT A-LEGAL DESCRIPTION � ' That part of the Northeast �uorter of the lltortheast Duorfer of the Northwest Quarter, Secfion 6, Township 117, Ronge 23, de�cribed as folfows; ommencing af the Northwest corner c►f said Norfheost Quorter a the Northeast Q�a�a d Quorte�4u rter Quorter,r� 165 fee t; East o/on t�e North lrne of s thence S uth parolle/ with the West line of said Quarter Quvrter Quarter 8 feet; thence West poro!le/ with the North line of said Quarter orter Quarter 165 feet; to o point in the West line of soid Quorter orter GTuort'er; thence North a/ong said West line 528 feet to the p ' t of beginnir►g. occo�ding to fhe United Sfotes: Government Survey th reof ond si#uote in Hennepin County, Minnesota. 2.75� Kel�Y���Y g5t-249-46Q0 prona � � 5eP ��� `'���' Re�eiPt Na: 3.007693 Mark 5ouers g �,� 241�-00967 44�Sn�`l�ide 0.4 Rd � 101-�22U., vel�per �eP�it___--_--.-- peferred Rev-� - - `l�ja.�4_ `��—_=- Total: Check. ��50U.00 ���� p��; 5730 �k 6c,uers 2,�W•�_ lied: -___---- ,0� 'f ot al flpp " Cnange Ter�dered: �.15f�M1 ==- --� 091�7i2G11c