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.
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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 - ��
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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 : _
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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#2009-00047ߙ-00427.doc
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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
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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: ���' �
;
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Intemal Use Only: G Original to Finance Department �Copy to Street File
155441