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Home My WebLink AboutEscrow refund info ' . : • • 1 . emo To: Finance Department From: Christine Mattson, Planning Assistant / CC: Street File v Date: 10/6/2011 Re: Wetland Escrow Refund According to John Smyth's report dated July 22, 2011, the wetland buffer has been established per the approved plan at 3825 Cherry Avenue. The applicant, Matthew Herman, is requesting refund of the $5,000 escrow. The following is attached: • Escrow refund request letter • Original signed escrow agreement • Email from Stantec(fka Bonestroo) indicating they have no unbilled WIP • Email from Campbell Knutson indicating they have no unbilled WIP • File notes showing receipt of escrow funds Mail to: Matthew Herman 3825 Cherry Avenue Mound, MN 55364 w:�.street files\cherry ave�3825\escrow refund memo for 2009-00021.doc September 26, 2011 City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Parcei No. 81-1723-33-0089 � Service Address: 3825 Cherry Avenue Invoice No. 20110196 Attached please find my check in the amount of$574.00 fo�your invoice no. 20110196/ acknowfedging the Completed Compliance Review of our Wetland Buffers which were approved by your contractor: Bonestroo. Please forward our escrow deposit of$5,000 in 30 days of receipt of this letter. Thank you. Sincerely, ��c�/-��✓'�,��=--.-.--, Matthew B. Herman 3825 Cherry Avenue Orono, MN 55364 PH: 952-471-7248 Attached Check No: WF/4521 Orono Invoice: Dated 8-31-11 . (�� -33��5 . , � �� ESCROW AGREEMENT � J� �r� �'.� �. � AGREEMENT made this `�� ay of � 2009, by and between the CITY OF ORONO, a Minnesota municipal co oration (" ity") and Matthew B. Aerman and Amy Herman owners ("Owners")of-3��& Cherry Avenue, Orono (Lot 2, Block 3, Crystal Bay View, according to the recorded plat therof, and That part of Lot 2, Block 7lying west of a line drawn across it midway between the East and West lines thererof, Lot 3, and the north 45 feet of Lots 28 and 29, Block 7 Crystal Bay View, according to the recorded plat therof, and The 14.00 foot wide vacated alley lying south of said part of Lot 2, Block 7, lying west of a line drawn across it midway between the East and West lines thereof, Lot 3 and the north 45 feet of Lots 28 and 29, Block 7, Crystal Bay View, according to the recorded plat thereof, Hennepin County, Minnesota) ("Property") Recitals A. The Owners are proposing an addition to the house on the Property. B. A condition of the hardcover and wetland setback variances for the addition granted by Resolution 5798 (File No. 08-3388) was improving buffer areas adjacent to the wetlands on the property and on the property to the west. C. The City is requiring a security agreement to guarantee these improvements are completed successfully. D. Owners have agreed to complete this work in a timely fashion and to provide financial security for the completion of the items cited above by entering into this Escrow Agreement. E. The City has deternuned that this Escrow Agreement constitutes adequate assurances from Owners, sufficient to protect the City from potential damages and noncompliance with the City Code. NOW, THEREFORE, THE PAR1'IES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement,the Owners shall deposit$5,000 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. 1 nf 7 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee that the buffer required as part of building pernut number 2009-00021 is improved in accord with the plan attached to Resolution 5798 as E�ibit B and that any vegetation that does not establish successfully is replaced. A planting is deemed successful if there is at least one native plant from the seed mix per square foot in the seeded area. Areas where the planting is not successful shall be reseeded by the end of the growing season. The funds sha11 be spent by the City if Owners for any reason are unable or unwilling to honor the requirements of the City Code. Construction costs may also include engineering estimates and plans as well as labor and materials for any repairs or matters completed. 4. DISBURSEMENT FROM ESCROW ACCOIJNT. If the City suspects or knows of any matter cited above that is not completed correctly and in a timely fashion, it shall first make demand of Owners to make any necessary repairs or to take other prudent remedial measures within a 5 day time period. If Owners are unwilling or unable to honor its agreement as determined by the City, the City may draw from the Escrow Account, as necessary. T`he remedies afforded to the City under this agreement shall be in addition to any other remedies which the City may be entitled by law or equity or other agreement. 5. CLOSING ESCROW. The escrow, less any eligible expenses, shall be returned to the Owners two growing seasons after planting if the planting is successfuL If substantial portions of the plantings are not successful after one planting season the City may hold the escrow for an additional planting season. If substantial portions of the plantings are not successful after two planting seasons the City may hold the escrow for two additional planting seasons. 6. ACCESS TO PROPERTY. Owners grant to the City, its agents and its employees,the right to enter on the Properly for the specific purpose of inspecting or completing the improvement of the buffer should the Owners not complete the work by the specified dates. OWNE S CITY OF ORONO BY: � �---- BY: % ' C� amy x IT's F N�,.�.�. �;��.�-� 7 nf 7 � . CITY OF ORONO PERMIT NO.: 2009-00311 2750 KELLEY PARKWAY ORONO, MN 553�6- DATE ISSUEn: 06/1U2009 952 249-4600 FAX: 952 249-4616 ADDRESS : 3825 CHERRY AVE PIN : 08-117-23-33-0089 LEGAL DESC : CRYSTAL BAY VIEW : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: ESCROW AGREEMENT SIGNED 06/1 U09 BY HOMEOWNER&RON OLSON. 1-COPY OWNER, 1 IN STREET FILE, 1-CASH DRAWER. HOMEOWNER PAID ESCROW FEE OF$5,000 WITH CHECK#1091 APPLICANT ESCROW FEE-APPLICANT 5,000.00 HERMAN, MATTHEW&AMY TOTAL 5,000.00 3825 CHERRY AVE MOITND,MN 55364- OWNER HERMAN, MATTHEW&AMY 3825 CHERRY AVE MOLIND, MN 55364- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be perYormed 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�rant 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 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 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. i i . {m1.' 4. ,,�.y'v`u I i ;M? r ✓�ta't_l'�k r�r_`.r i;ba��' ,,-,`i. '1 .�.!,,:"' . , ' y4� �G� ..iu:t. L'�f. _,�'SJ �.il"li8i'• l:x�r t,l."t::...:ht . ... 4 I ' � ��.y: �;��I.�:'��i, .l;J?� �s.� [;:,at:�-( I , .t�:.�i�.�. . . - �� i Stl 3�(;?4- fse;1';r �'�i- fa'"'` r i r nYf tt� sY '�-�3f� �� t'.''lf;..i�'eC 'i ^y 1' �'}i,-_ .»i�'i��`� . . � �rrvt4 u_�; . � +��e�YiG.�'. � : i � :� i 1 i)Ei¢S"P'uL' 1't:t`�°Y�,_:�1� L'�°�'=' � _ __. __ i . . - �� g� � � 1 � � ;�ji:r�: ...._... . ' '.. . i; i., { �r� i' y . r ��. �,1',' , I��: 1 7-.4el,�s i'��'�: %;t,�i'. .. `! ! . �h,a�;�t rcMr ^c Flll\ 7'.�t":Ibi41 •,I. �Y�,,` .'I . �4�1;�#.1 $�t1�.if?.4"s � +._.��'..�_. � i�r'f 'I �. � �rW��¢t;t t,9�.�r'r,4"t::C%. � .___.,. _: ..._. 'f,w ! ��tik?: ' 4��:�3, ..f. � l, �J.... � . p fl I � 1 1� I Christine Mattson From: Darren Amundsen [Darren.Amundsen@bonestroo.com] Sent: Wednesday, October 05, 2011 2:19 PM To: Christine Mattson Subject: RE: Unbilied WIP None on all. Sorry for the delay, I was confirming how our accounting system was behaving... Darren Amundsen, PE Associate BOnestroo, now Stantec Tel 651-604-4894 Cell 651-775-5623 darren.amundsen(a�stantec.com stantec.com Bonestroo has joined Stantec, a professional services consulting firm recognized for its leadership in sustainabi/ity, depth and diversity of talent, and technical expertise. The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete alt copies and notify us immediately. � Please consider the environment before printing this email. From: Christine Mattson [mailto:CMattsonCa�ci.orono.mn.usl Sent: Wednesday, October 05, 2011 2:03 PM To: Darren Amundsen Subject: FW: Unbilled WIP Darren, I know you are busy, but will you be able to look these up today? Thanks! From: Christine Mattson Sent: Tuesday, October 04, 2011 8:16 AM To: Darren Amundsen (darren.Amundsen@bonestroo.com); 'Sherry Charboneau' Subject: Unbilled WIP Good Morning, Any unbilled WIP for: P11305 1595 Bohns Point Road Robert Craig Homes/Pat & Kathy Holleran No 2009-00021 3825 Cherry Ave Matthew Herman no 08-3375 / 505 Willow Drive S William Robinson no 08-3385 i Christine Mattson From: Sherry Charboneau [SCharboneau@ck-law.com] Sent: Tuesday, October 04, 2011 12:10 PM To: Christine Mattson Subject: RE: Unbilled WIP Christine: We do not have any unbilled WIP for any of the items listed beiow. Have a good day. Sherry Sherry L. Charboneau Legal Assistant CAMPBELL KNUTSON P.A. 1380 Corporate Center Curve.Suite 317• Eagan,MN 55121 `i� (651)234-6230• Fax: (651)452-5550 �scharboneau@ck-law.com•www.ck-law.com From: Christine Mattson Lmailto:CMattsonCa�ci.orono.mn.usl Sent: Tuesday, October 04, Z011 8:16 AM To: Darren Amundsen (darren.Amundsen@bonestroo.com); Sherry Charboneau Subject: Unbilled WIP Good Morning, Any unbilled WIP for: P11305 1595 Bohns Point Road Robert Craig Homes/Pat & Kathy Holleran 2009-00021 3825 Cherry Ave Matthew Herman 08-3375/ 505 Willow Drive S William Robinson 08-3385 P09086 3320 Fox Street Gregory &Cynthia Haugen Thanks! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN 55323-0066 (maifing addressJ � � R�p PlR \ t � LIST OF REQUIREMENTS BEFORE RELEASING THIS PERMIT Address of Permit: 3825 Cherry Avenue Permit#: 2009-00021 � Yes ❑ N/A he resolution to be signed before issuing this permit. Resolution#�� ' � Yes � N/A Escrow agreement signed and returned to City Hall before issuing this permit. e agreemen . C�� ❑ � Yes ❑ N/A i, Escrow Fees to be collected before issuing permits. 1' Type of Escrow Fee: Buffer Escrow Amount to be Collected: $ 5,000.00 � ,� • Dated Collected: �u� \��. `�'��,.,: ',;� " ` • Amount Collected: ;�, �„�.� ��,, ,� ❑ Plan Review Fee To Be Collected • Date Collected: • Amount Collected: ❑ � Ye` � y 9 h � �-}`�� i':�`"�� '`° � S � f '�.�.� �... Additic � ,-� � � ��`�`,�`.�,.CJ , � �.:.. �.�F.,� � ,` , ,/n easement cove �:a;.,..sk , . t �� 1 . f , . � ._,: �.,t� w 3L !� ;.�`� � � W�� _I �f�"`, � � ,i � C� �_ � -��,� - �� ,�4�:� }:�.�� :` ; '�. � 1 � �s;, -� ; �,Q t - , ��e�.�.}�,�_. , r�� . � , � f�� ..� .. �; � , } J��^` vA�9 �"'. f`� �i s.P3�s �� . /� f- � . r � � �, g a. y ,II� � j t%" � � ��,rt t�,,�4y +,'. k —f� . f� a .. � � �,.✓^ � � � . � Checklist for Refunding Building Permit Escrows Building Permit # L,.�' -��2...� Street Address: �� '1�,�'(� �� Applicant Name: �.��J �(�,� �Escrow request received Date: "l �Z — � � (to be comp/eted by Barb) Are all inspections completed? Yes No If not, list what is outstanding: Was there a Temporary Certificate of Occupancy issued? Yes No�"' �ate: Was there a Final Certificate of Occupancy issued? Yes No N�ate: t�� `��.1 ► �L./� Email CK & Bonestroo to see if there is any unbilled WIP. Date email sent: Prepare memo for Finance Department ❑ Note amount refunded in program. z:\forms�zoning standard forms\checklist for refunding building permit escrows.doc December 23,2010 Memorandum � Bonestroo 2335 Highway 36 W St.Paul,MN 55113 . . — - --- ____. _— —. —— - -- To: Christine Mattson, Project: 3825 Cherry Te1651-636-4600 Melanie Curtis Avenue Date: 7-22-11 Fax 651-636-1311 www.bonestroo.com From: John Smyth Client: Orono Re: Wetland Buffer Compliance Check File No.: 139-08000 The above reference address was reviewed on 7-22-11 to determine if the wetland buffer had been established per the approved plan. The buffer has been established and is being maintained. If the City is holding an escrow for wetland buffer establishment it is recommended it is returned. Photo documentation of the buffers is presented below. - � -••-:-- q,..� -;��'Jl r(�. �. y�ka,V'4" .. . . w �� x>• �3•�+� � .� �.;` • ,..:-t , � ,,.A,� °:w' � .afi�� -r , �� a . � - ' ! ��k , ,� p�y + ,s. _,'4 � i"�{.`�'""��',�` " �, ��'�ti'rt.�'.. ; � � �� :�,,;� �,� �`�:. � _ ��W ., � 3� �� c'f` " . _� «�� ' '•.�x� ��,�= 1 t4'� . . - � ,�s��. . "'i�'.`.�'�' .. +� _ ��. c #.. _ #f� :��,�.� � . . . .. , . ... � i ', »C� �3�� t � .YM. � V'. '� � S 'E, � �.d . .. � ,�.. .Y.i�,t��g�� Q Buffer Established . . �rs ' '� ' _ a� � .�� '� Yt �'� �, f . �S' r � �.' � +H r� �� i '� g v,14°��; � M?� �a ,!"r "n ''' ,� �- P . -'�.�,, "�`�, �r •�,. � 4 ,�" �;�J � ' ,�,�:�yp"��`,¢ ' .> yrir� . ,€y�. `�'F �1 J � Y�'�`�J*'a ��b: �•,�h Y� .� �t�dy � ` �� `t � ...¢ u'Yiy� .� lT�� y"{'Y'�.,�•�� . -. �- ��.' S y y �J 7 ~ � � X'i . �� (�r �� •` Wb R"'°{� . . .. `�� Y „� � ��'.�,�'�Y-.r� �°F,GN�+' �` �*"�j,� n�i� � I �:p,�". r. � rr .,t ' . ,. ��f N �" ��. � ,��,'��r„a�•�,�`t�, r.,�r�` ;,v � �� L 1 I` r a��.�c S_ ,4kw� fF ��A:.. y��.ny. � . ` •_ 'L `i�' f'y tv� t ��; �M"'��y�,' _�.�- .,. ��. �, �a�� r ♦ .�i —'.'� . .r '� � ^��, 1:�.. .� .�� y '�s� �r�;' Buffer Established K:\139\13908000\Word\Work_In_Progress\Wetland Ordinance Compliance\3825 Cherry Avenue\CM&MC_]5^3825 Cherry Avenue7-22-11 compliance check.docx [lN5 06-2010) Page 1 of 1