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Home My WebLink About2013-00041 - escrow fee � � CITY OF ORONO * 2 0 1 3 - 0 0 0 4 1 * 2750 KELLEY PARKWAY DATE ISSUED: OU16/2013 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 3925 CHERRY AVE PIN : 08-117-23-33-0086 LEGAL DESC : HICKORY HILL : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-TIED TO BUILD[NG PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NO"fE: "I�H1S$7500.00 GSCROW IS TIED TO BUILDING PERMI"I'#2012-00270-PD CI II;CK# 8468-TODD HOLMERS APPLICANT ESCROW FEE- BUILD[NG 7,500.00 Real Assets LLC ESCROW FEE- EROSION CONTROL 0.00 550 25TH AVE N ST CLOUD, MN 56301- ESCROW FEE-GRADING 0.00 TOTAL 7,500.00 OWNER Real Assets LLC 550 25TH AVE N ST CLOUD, MN 56301- AGREEMENT AND SWORN STATEMENT 'fhe work for which this permit is issued shall bc performed according to the approved plans and specifications,applicable City approvals,and thc State Building Code. 'f}his permit is for only the work described and docs not grant permission for additional or related work which requires separatc permits. All provisions of laws and ordinances governing this type of work shall be compicd with whether or not specified herein.This pcnnit will cxpire and become null and void iY construction authorized is not commenced within 180 days of Ihe date of issuance,or if construction is suspended for a period of 180 days at any time after work has commenced. �he applicant is responsible for assurin,all required inspections are requested in conformance with Ihe State[3uilding Code.This permit may be revoked at any time for duc cause. / / / / Applicant Permitee Signature Date [ssued 13y Signature Date SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW AGREEMENT Orono Building Permit#2012-00270 AGREEMENT made this�day o�.�. , 20,lJ by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Rea Assets, LLC/Todd Holmers ("Owners"). Recitals 1. Construction of the new residence located at 3925 Cherry Avenue the ("Subject Property"), legally described as Lots 1 and 2, and the East 10 feet of Lot 21, Hickory Hill in Orono, Hennepin County Minnesota, is the subject of building permit application number#2012-00270 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 #2012-00270 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: � By: � �ts: n — --� irtt�mal Use Only: �C�riginal to�it�ance De.partmer�t ti , ;-�.�y.te,Street Fiie 155441 BUILDING PERMIT ESCROW AGREEMENT Orono Building Permit#2012-00270 AGREEMENT made this � day of �� 20�z-;-by and between the CITY OF ORONO, a Minnesota municipal corporation ("City°) and �i�,,;,, ��-�.r"r�/��-�-.�s"s��("Owners"). c!c.�- Recitals 1. A building permit application has been filed for a new principal structure located at 3925 Cherry Avenue the ("Subject Property"), legally described as Lots 1 and 2, and the East 10.00 fee of Lot 21, Hickory Hill, Hennepin County Minnesota. 2. Owners request 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 $2,500 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 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 #2012-00270 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. 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 OF ORONO OWNER: � � , �,, : �y.�� ,n ��: -�.. r-c_��.�' ` l/ �� By: q 1'�� ` � �ts:�t 11�►�__.,�_�7.�1'1��'� ,� tnternal�Ll�e � ,.��,,, „ � t� .,. .��I�"�o to°Street'�ile , ��;� r.,�� .,.��. . ��, �.��..�� m �.�t, ��. PY i