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HomeMy WebLinkAbout2012-00715 - escrow fee � CITY OF ORONO * 2 0 1 z - 0 0 7 1 5 * 2750 KELLEY PARKWAY DATE ISSUED: 07/26/2012 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 3095 CASCO POINT RD PIN : 20-117-23-34-0005 LEGAL DESC : REG. LAND SURVEY NO. 1311 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-OTHER PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-OTHER NOTE: THIS$7500 ESCROW IS TIED TO BUILDING PERMIT#2011-01191 FOR TEMPORARY CERTIFICATE OF OCCUPANCY PAID WITH CHECK#218 BY PHILLIP WHIPPLE APPLICANT ESCROW FEE-OTHER 7,500.00 WHIPPLE,PHILLIP TOTAL 7,500.00 3095 CASCO PT RD WAYZATA, MN 55391- OWNER WHIPPLE,PHILLIP 3095 CASCO PT 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 Buildin�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 afier work has commenced. The applicant is responsible for assuring all required inspections aze 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. \����/� /� ESCROW AGREEMENTS Land Use Application#10-3479, Demo Permit#�and Building Permit#2011-01191 AGREEMENT made this l day of , 20 V� , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Philtip Whipple ("Owner"). Recitals 1. Land Use, Demolition Permit and Building Permit Applications ("Applications") have been filed for demolition of the existing home and construction of a new residence located at 3095 Casco Pint Road ("Subject Property"), legally described as Tract A, RLS No. 1311, Hennepin County Minnesota. 2. Owner requests 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 Owner 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 the Applications. 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 #10-3479, Demo Permit #�_ and Building Permit#2011-01191 if compliance with the approved building permit is not accomplished. �����j�2� 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in #3 above, shall issue a Stop Work Order until the Owner pays all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owner 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 Owner when the review has been completed and written notification is received from the Owner requesting the funds. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owner, 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 F O By: Its: Internat Use Qnly: d Original to Planning O Copy to Property Owner G Copy to Street File . . . / APPUCATION ESCROW AGREEMENT Zoning Application# /Q - �� � AGREEMENT made this�3�day of u��t� , 2Q l v, by and between the CITY OF ORONO, a Minnesota municipal corporation("Cit�')and , h��I[�(�li�r;/,D s� [a corporation—optionaQ(°Applicant"). Recitals 1. Appli nt has filed Zoning Application# /Q - 3� formally requesting the Ciry to review ptans for � l � 1.�� located at - ,�'~�' � �- � � ' c c� . t � the°Subject Property° as more fully shown and described on xhibit" " ttache hereto. 2. Applicant requests the City to review said plans which requires City approval including ��i�('y'R-✓J c..�, S 3. The City is willing to commence its review of the appfication anci incur costs associated with said review only if the Applicant establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE,THE PARTlES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the App4icant shaU deposit$2���with the City. All accrued intenest, if any, shall be paid to the City to reimburse the City for its cosf in admin+stering 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 incuned(including planning, engineeri�g, or legaf consultant review}or will incur in meeting with the Applicant, reviewing the pfans, and preparing agenda packet material for Ciry Council review of application#�,� - Efigible expenses shall be consistent with e�enses the Applicant would be responsible for under a oning and subdivision appfication. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs,the Ciry will in turn send a bil! to the Applicant. Appficant shall be responsible for payment to the City within 30 days af the AppficanYs receipt of bilL 4. DISBURSEMENT FROM ESCROW ACCOUNT. !n the event that the Applicant does not make payment to the City within the timeframe outlined in#3 above,fhe Cirty may draw from fhe escrow account without further approval of the Applicant to reimburse the City for eligibls expenses the City has incurred. The City shafl notify the Applicant af such draw and the nature of the sxpense for which the reimbursement is being made. if the Escrow amount falls below 75°� of the original escrow amount the Applicant shall deposit additional sums as direated by the C9ty,or the City shail discontinue al1 review. 5. CLOSlNG ESCROW. The Balance on deposit in the escrow, if any, shali be returned to the Appticant when the review has tieen completed. 6. CERTIFY UNPAID CHARGES. lf the project is abandoned by Applicant, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shaU have the right to certify the unpaid balance to the subject property purs�ant to Minn. Stat. §§415.01 and 366_012. CtT�: C O - APP^ 10WNE : _ ��r By: B Its: � - Its: -10- . 1 • • "+;�' V�il J�f�ti�J ^c,. . ,1,,. �� _ _',fk�i [it�:.l�� ��dY n.�ddi j�.-� ^�.��_;��:.ii(�� ' �! =�^^-� J��'Y.: ��Ji�'.1�f^: i`�Il' :I:JJatV �fyl��.; 11� J!�'.1t�iJ ::'� _��`�.�1 F-� ' :)ii���i;b •:uri c:;, �- -'�vil . -i'�y =c?-tt.t�id`' �r^_r�ei�G rd��. ,i. C . _ .�_;.•,5, �;'�rii_�r'�MP3 �.;��f: ..i�""C'+a 'tl�..[; " u:-;;1?A a Wt-��pule ., _ r,.,-,❑ � � ',- tr ZEC�iL�� i�.�t: :..•�V��(}' .iiYi G.:. G..<1� r�;,:':ia wn�N,1� :'!d"rifillYiG ar�u z��r�ina -; r-' {}} G l�;t�.ij} � il. ���f1 il���3v: ��1�7LIJ Ya � i��l',.:4`�:�li _ �''�.�.`ilii_i74 �7Y10 �tJflliiu _ _ '�dY'iaY1=�G-y`c'' F��=' ____---'---' .��ili i�.�-`i 11i_-�oS.?�3 .}eJ�,.! 4.:C1='" `�' f5U ' 'i_iti.�4}'j ._`�11.:)�1 ,�c�EYt'��vi�RV--.I����;�_���� 48�=�=.,N :�,d'i_ =»ccs�__�=_ --�---�•-c�(.�"- � �'�St , e - �� �i_�i.'.'iii �. . I...e J'J-ix ... �'�'�+t'�li j��l_IQ ��fv� F�]�,r,�':� l,�I_:. _c__cc_=c__c `+��{i i�`. . f'„ rW _ �}1 '1� �ttt��i+.� '• -,i,,;. `��1,. . - � aa `;{: vi�'�"`i', h4�J� _ ... — _ . ,.ti}CZ_ 'ill!-'1�.. __'___ �"" . d`] � . — _ . . � . �� iC�t.it:s�=C+ !-�.�:' �a�� �i;iJ�1St _ �.,fl�`i�� c___==______ . u�'tJ.'�i� ;[�'`od'a '�Oi�li�C: -----------.. -,. -vf,�a+��4° ,'::ii; ijF.;'_'3r`i(3 ic:�;;�� .�3f��J� • .- - - _ �" %'ti1_„ __ _�. . . . : • . � • emo To: Finance Department From: Christine Mattson, Planning Assistant CC: Street File Date: May 8, 2013 G/L: 101-22205 Re: Building Permit Escrow Refund Building Permit Application #2011-01191 pertaining to 3095 Casco Point Road 3285 is complete. The Applicant, Phillip Whipple, has requested a refund of his $10,000 escrow. As-built site visit and review was completed by City Engineer, Jesse Struve. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Phillip Whipple 3095 Casco Point Road Wayzata, MN 55391 w:\street files\graham hill road�3285\escrow refund memo#2009-00047&#2009-00427.doc - � � �ii -d ( �� TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW AGREEMENT Orono Building Permit#2011-01191 �� ^�- ` AGREEMENT made this o��day of �J 6 , 20� by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Phillip Whiqple ("Owners"). Recitals 1. Construction of the new residence located at 3095 Casco Point Road, the ("Subject Property"),legally described as Tract A, RLS No. 1311, Hennepin County Minnesota in Orono, is the subject of building permit application number 2011-01191 has been completed. 2. Adverse weather 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 Poliution 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 #2011-01191 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 i i � ' �;;?;{r -: r�"'��'r"tG . r`jti G]E : ¢'fyF�}��C.1, . � ��� � !��i'i!�`i�! Pi�l�a�,����Cr � �.kr'� $d�:i' . �. >dc��i�� i�!�� ._«�?(`7.f;1C 3�,�t -z '.,f�„ . G� _ :C �-,ilii.ia:l vJt11���F' , ;:�i"�,"iCvijS �i3;7tiCc:'. �i':i1 r'`ct'6!<..,.. ! � 1��H tuY'ti ': �" ' } t. ai q j}� ��:t �n(1;. 1 i)i.. �,'i`� i�u=�.i" ' it 1. �-:_ �:U I ' jh1--'=�r,nn�� . ��,..l�L�!J �!^;�'{`}'�;1 �r,rr_.�fc..li�lUt'�':" �{iN�]C•^;i 7s�:.._� � . .....' .G.......",1� ,.�S`, . r7' i' . ......_._.._....�-..._.�..._...„ ' �l.14 L�1. � � . ' ��f?�.`..`i'. !!�:I: i�',ji�1 r c 5{)!J.:;i! , 3�'i�i��jr� �Fi?;.).z;; a��^,:.GL�ic i r___a - •,vac_ �;::l1;1��; ��y�� r,j� � 4ItM�;?;�� ��Tat�?Y�t?r�; _____.___. _..^,,�iG' � '. `i;sf`� r i�.- ft�^�H) _�..........,_. � Y' ; � � TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW AGREEMENT Orono Building Permit#2011-01191 ��1 �~�- AGREEMENT made this�=day of J ' � , 20�, by and between the CITY OF ORONO, a Minnesota municipai corporation ("City") and Phillip Whiqple ("Owners"). Recitals 1. Construction of the new residence located at 3095 Casco Point Road, the ("Subject Property"),legally described as Tract A, RLS No. 1311, Hennepin County Minnesota in Orono, is the subject of building permit application number 2011-01191 has been completed. 2. Adverse weather 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 #2011-01191 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 OWNERS: � � ' , ) l �-�� � By: � � � � � � � ', 1 � I ts: ���' � ; �.,� Intemal Use Only: G Original to Finance Department �Copy to Street File 155441