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HomeMy WebLinkAbout2014-01471 (escrow fee) ° = CITY OF ORONO * 2 0 1 4 — 0 1 4 7 1 * 2750 KELLEY PARKWAY DATE ISSUED: 12/23/2014 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 3225 CASCO CIR PIN : 20-117-23-43-0021 LEGAL DESC : SPR]NG PARK : LOT 029 BLOCK 000 PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTIOIv TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: ESCROW TIED TO N}?W}IOMF,PGRMIT#2014-00025 APPLICANT ESCROW FEE-BUILDING 7,500.00 LEESTMA, MARTIN & KATHRYN TOTAL 7,500.00 Payment(s) 3225 CASCO CIR CHECK 2509 7,500.00 WAYZATA, MN 55391- Minnesota State License#: BUIL-BC594315 OWIYER LEESTMA, MARTIN & KATHRYN 3225 CASCO CIR WAYZATA, MN 55391- AGREEMENT AND SWORN STATEMENT I'he work for which this perniit is issued shail be perfonned according to the approved plans and specifications,applicable City approvals,and the State Quilding 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 1 SO 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 conformanee with the State Building de.This permit may be revoked at any tin ft>�Xlue cause. �� i _ �_ �' L-�� G�vtc�n / z z 3 � Applicant Pe � e g tu � Date Issucd E3y Signature Date TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW AGREEMENT Orono Building Permit#2014-00025 AGREEMENT made this� � day of�� , 20� by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Martin & Kathryn Leestma ("Owners"). Recitals 1. Construction of the new residence located at 3225 Casco Circle the ("Subject Property"), legally described as All that part of Lot 28, Spring Park, lying westerly of a line described as follows: Commencing af a point on the northerly line of said Lot 28, distant 45.5 feet southwesterly, measured along said northerly line from the northeasterly corner of said Lot 28 which corner is marked by a judicial landmark; thence southerly along a straight line to the shore of Lake Minnetonka, said straight line passing through a point, marked by a judicial landmark, which is 9 feet westerly, measured at right angles, with the easterly line of said Lot 28, from a point in said easterly line of said Lot 28, distant 262.5 feet southerly from the northeasterly corner of said Lot 28;also all of Lots 29 and 30, together with and including that part of Lake Shore Avenue, vacated, lying in said Lots 29 and 30 and in that part of said Lot 28 hereinbefore described, all in Spring Park, according to the plat thereof on file and of record in the office of the Registrer of Deeds in and for Hennepin County, Minnesota, and the Northwesterly corner of Lot 30 having been marked with a judicial landmark, and further judicial land mark having been located on the westerly line of Lot 30 at a point which is 249.2 feet southerly from the northwesterly corner thereof in Orono, Hennepin County Minnesota, is the subject of building permit application number 2014-00025 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 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 legal consultant review) associated with building permit #2014-00025 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. 155441 , � 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 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. 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. CI : CITY OWNERS: By: ,� Its: Internal Use Only: 0 Originat to Finance Department G Copy to Street File 155441 � • � CITY OF ORONO * z 0 1 4 - 0 1 4 � 1 * 2750 KELLEY PARKWAY DATE ISSUED: 12/23/2014 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 3225 CASCO CIR PIN : 20-117-23-43-0021 LEGAL DESC : SPRING PARK : LOT 029 BLOCK 000 PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: ESCROVJ TIED TO NEW HOM�PERMIT#2014-00025 APPLICANT ESCROW FEE - BUILDING 7,500.00 LEESTMA, MARTIN & KATHRYN TOTAL 7,500.00 3225 CASCO CIR Payment(s) CHECK 2509 7,500.00 WAYZATA, MN 55391- Minnesota State License#: BUIL-BC594315 OWNER LEESTMA,MARTIN&KATHRYI� 3225 CASCO CIR 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 additiona]or related work which requires separate permits. All provisions of laws and ordinances goveming 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 after work has commenced. The applicant is responsible for assuring all required inspections aze requested in c formance with the State Building Code.This permit may be � revo t any ti e fo ' � � �� � LZ 2 �� � �- Appli nt P ee Signatur Date Issued By Signature Date . • • . • . � • emo To: Finance Department From: Christine Mattson, Planning Assistant CC: Street File Date: January 27, 2015 G/L: 101-22205 Re: Escrow Refund The home at 3225 Casco Circle (Building Permit #2014-00025) was destroyed by fire. Please refund $7,500 (the TCO escrow) to the property owner Martin & Kathryn Leestma. We will continue to hold $2,500 in conjunction with the new building permit. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Martin & Kathryn Leestma w:\street files\casco circle�3225\escrow refund request 201400025.docx TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW AGREEMENT Orono Building Permit#2014-00025 AGREEMENT made this� � day of�� , 20�� by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Martin & Kathryn Leestma ("Owners"). Recitals 1. Construction of the new residence located at 3225 Casco Circle the ("Subject Property"), legally described as AlI that part of Lot 28, Spring Park, lying westerly of a line described as follows: Commencing at a point on the northerly line of said Lot 28, distant 45.5 feet southwesterly, measured along said northerly line from the northeasterly corner of said Lot 28 which corner is marked by a judicial landmark; thence southerly along a straighf line to the shore of Lake Minnetonka, said straight line passing through a point, marked by a judicial landmark, which is 9 feet westerly, measured at right angles, with the easterly line of said Lot 28, from a point in said easterly line of said Lot 28, distant 262.5 feet southerly from the northeasterly corner of said Lot 28;also all of Lots 29 and 30, together with and including that part of Lake Shore Avenue, vacated, lying in said Lots 29 and 30 and in that part of said Lot 28 hereinbefore described, all in Spring Park, according to the plat thereof on file and of record in the office of the Registrer of Deeds in and for Hennepin County, Minnesota, and the Northwesterly corner of Lot 30 having been marked with a judicial landmark, and further judicial land mark having been located on the westerly line of Lot 30 at a point which is 249.2 feet southerly from the northwesterly corner thereof in Orono, Hennepin County Minnesota, is the subject of building permit application number 2014-00025 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 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 #2014-00025 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. 155441 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 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. 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 compiete the work by the specified dates. CI : CITY OWNERS: By: �� its: � Internal Use Only: G Originai to Finance Department G Copy to Street File 155441 City oT Orono 2750 Kelley Par�kway Orono MN 55366 952-249-4600 Receipt No: 3.012519 Dec 23, 2014 Martin & Kathryn Leestma Planning and Zoning 2014-01471 3225 Casco Cir 7,500.00 101-22205 Deferred Rev-Developer Deposit --------------- Total: 7,500.00 --------------- --------------- Check Check No: 2509 7,500.00 Payor: Martin & Kathryn Leestma Total Applied: 7,500.00 -------------- Change Tendered: .00 --------------- --------------- 12/23/2014 03:58PM