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HomeMy WebLinkAbout08/07/2012-Memo: re zoning permit and CUP . ; • . � . emo To: Finance Department From: Christine Mattson Plannin Assistant �/ , 9 CC: Street File Date: 8/7/2012 G/L: 101-22205 Re: Escrow Refund Conditional Use Permit 11-3518 and zoning permit applications 2011-01547 and 2011-00205 are completed pertaining to 3251 Casco Circle. The Applicant, Bill & Laurie Koch, has requested a refund of their$2,000 escrow. The following is attached: • Original signed escrow agreement • No unbilled WIP for Stantec • No unbilled WIP from Campbell Knutson • Copy of cash register receipt showing escrow amount received Mail to: Bill & Laurie Koch 3251 Casco Circle Wayzata, MN 55391 w:�street files\casco circle�3251\escrow refund memo 2011-01547 2011-0020511-3518.doc Christine Mattson From: Sherry Charboneau [SCharboneau@ck-law.com] Sent: Tuesday, August 07, 2012 1:32 PM To: Christine Mattson Subject: RE: Unbilled WIP No, we do not have any unbilled WIP on the matters listed below. Sherry L. Charboneau Legal Assistant CAMPBELL KNUTSON P.A. 1380 Corporate Center Curve•Suite 317• Eagan,MN 55121 `�' (651)234-6230• Fax: (651)452-5550 �scharboneauC�ck-law.com•www.ck-law.com From: Christine Mattson [mailto:CMattsonCa�ci.orono.mn.us] Sent: Tuesday, August 07, 2012 9:42 AM To: Darren Amundsen; Sherry Charboneau Subject: Unbilled WIP Hello, Any unbilled WIP for variance 11-3518 or applications 2011-00205 & 2011-01547 pertaining to 3251 Casco Circle? Thanks! 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 8 952.249.4616 � cmattson@ci.orono.mn.us � www.ci.orono.mn.us Summer Office Hours: (Monday, May 21 through Friday,August 31,2012) Monday-Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday,September 3, 2012 1 ZONING PERMIT & LAND USE APPLICATION ESCROW AGREEMENT Permit#s 2011- v,5�"1 , 2011-00205, 11-3518 AGREEMENT made this ►Z�' day of ����%3r�Z , 20 il , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and William and Laura Koch ("Owners"). Recitals 1. Applications for zoning permits and a land use application for hardcover variances and a CUP have been filed for a for a property located at 3251 Casco Circle, the ("Subject Property"), legally described as Lot 11, also that part of vacated Lake Shore Avenue, and of the tract of land lying between said vacated Avenue and the shore of Lake Minnetonka, which lies between the Easterly extension of the Northerly and Southerly lines of said Lot 11, Spring Park 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 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 $2,000 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 guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including pianning, engineering 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 zoning 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 permit# 2011-��54� , 2011-00205 & 11-3518 if compliance with the approved zoning permits 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-t� certify the unpaid balance to the subject property pursuant to Mi nn. Stat. §§415.01 and 366.012. / � CITY: Y OF ORONO OW R: By: � , � —{� Its: i ru[ti,�J � � i sc�� .����.N� �" , ,�-�-, Internal Use Only ., '�._ G Original to Planning Department,,,:,;,,,,"; G Copy to Street File ZONING PERMIT& LAND USE APPLICATION ESCROW AGREEMENT Permit#2011-00205 8� 11-3518 � AGREEMENT made this�� day of �r� , 20�, by and between the CITY OF ORONO, a Minnesota munici al cor oration "Cit " and W�11c nn r-La,ur "Owners" . P r � Y ) � ) Recitals 1. A building permit application has been filed for a zoning permit and land use application for a property located at 3251 Casco Circle, the ("Subject Property"), legally described as Lot 11, also that part of vacated Lake Shore Avenue, and of the tract of land lying between said vacated Avenue and the shore of Lake Minnetonka, which lies between the Easterly extension of the Northerly and Southerly lines of said Lot 11, Spring Park Hennepin County Minnesota. 2. Owner requests the City to review this application. 3. The City will commence its review of the application 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 $2,000 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 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 reviewing the plan. Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning 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 permit #2011-00205 8� 11-3518 if compliance with the approved zoning 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 th�right to certify the unpaid balance to the subje erty pursuant to Minn. Stat. §§415.01 and 366.012. / CITY: CITY NO OWNER: � By: " � --� Its: tnternal Use Only: 0 Original to Planning Department 0 Copy to Street File ZONING PERMIT ESCROW AGREEMENT Orono Zoning Permit# 070//' DUv?CZS� AGREEMENT made this ��+� day of r�'��� , 20 I�, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City°) and w�c_:_,q� � . ,.�.��� ,�;zra � . icL��-� ("Owners"). Recitals 1. A building permit application has been filed for a zoning permit for a property located at 32`�i ��s�o c_ ;rz`�the ("Subject Property"), legally described as la; i i�,�,;�� � S,�,z;:�c.. ?.���1� Hennepin County Minnesota. -� 2. Owner requests the City to review this application. 3. The City will commence its review of the application 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 $ z,���� 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 legai consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning 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 zoning permit #0?4//-GOa30S' if compliance with the approved zoning permit is not accomplished. 3. MONTHLY BILLING. As the City receives consultant bilis 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' recei pt of bi I I. 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: CITY OR O OW R: � By: � Its: ���(�� Internal Use Only: O Original to Finance Department 0 Copy to Street File ED APR 1 1 2011 CITY OF ORONO Checkiist for R�funding Building Permit Escrows Buiiding Permit # ���— ���� �{1 'l1�l�(/� �� � I • Street Address: �,l r' 20��—�� 1'1'I�t /�A"f1d� Applicant Name: �� � �'�� �i► I � l-�t1�t,rr� � Escrow request received Date: �' (��' 2-- Permit Type: Are all inspections completed? Yes No If not, f�st what �s outstanding. � �r = �ne� . Was there a Temporary Certificate of Occupancy issued? Yes � Date: Was there a Final Certificate of Occupancy issued? Yes No Date: ❑ As-built survey required? Yes, approved on NO NA ❑ Email CK & Bonestroo to see if there is any unbilied WIP. Date email sent: ❑ Prepare memo for Finance Department „ .:. �� : ._ � . � ; �� ;; �. I � II g � � �� �, � � � �� a � � �� � � rYJ I CU 1� CJ Rl 1 II ���. �."U �" I 11 I ❑ � .�-+ I 11 I 11 �� � �s i �� "' � ; ' � a � U A �� u w � �- �n a. I a � �� m ��• x � y 'q �. '�4� �..+ U� �L �v �fp3I �w C�i1�i� Y-� !�^7 �I L7 �U'a s- � . y—. .0 } l_'Y i7J Ql � T � � ���� � . O�'L � i Q 4"f � . N a�'. F-�- ''�. 4— W� i.+ c U1 ti"� � 41 .Y 5..•.-i C� ,'. p Y C�. �'0 �V C] [�J •• C,1 6.--. UJ x a `�...-..--. v� `� :� ��-. u�.�`i'� a� %v u� �a�... ro L f���a�'"J � u �• T., ..-.,4— .a-. iL r.J n.3.�r rtf •.•r-- s.. a.i - rii.:- ��ca�- n� 7 - 1� , � � _ _ .. .., . ._ .! , � . . . �",.i r.; ,-.. r ; . ....- c., e � .._� . z:\forms'�zoni�g standard forms�checkfist for refunding builc Last Updated: 10-31-2011 11-3518 3251 Casco Circle Balance � 3251 Casco Circle $o.00 Summary All Variances-Permits get a 5500 Engineering credit and a 567.50 Legal $0.00 Legal credit(2008 and later) William Koch Engineering $6,471.50 3251 Casco Circle Subtotal $6,471.50 Preliminary Plat Application Fees Paid Orono,MN 55391-9717 Credits -$582.00 Payments ($5,889 50) Balance $0.00 Total Application Fees $0.00 Legal Invoice Date Activity Invoice# Amount Prelim Plat Improvement Fees Total $0.00 Fees Paid Applicable to Engineering Prelim Piat $0.00 Engineering Invoice Date Activity Invoice# Amount 08/31111 Julyengineering $ 1,404.00 actual invoice 904.00 due to credits Final Plat Application Fees Paid 09/30/11 Aug enginerering 20110221 2,341.50 01/26/12 Sept engineering 20120006 2,591.50 02/16/12 Dec engineering 20120039 134.50 Total Final Plat App Fees $0.00 Total $6,471.50 Final Engineering Fees Paid Fees Paid Applicable to Engineering Final Plat $0.00 Credits Date Payment Type Check# Amount eng ($500.00) billing errof ($82.00) Total Fees Paid $0.00 Total ($582.00) Payments Date Payment Type Check# Amount 10/O5/11 ($904.00) 10/28111 payment ($2,259.50) ozizsnz sis� �$z,ssi.so� 02/29/12 5198 ($134.50) Total ($5,889.50) S/7/2012