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HomeMy WebLinkAboutRE escrow refund . . • . • . 1 • emo To: Finance Department From: Christine Mattson, Planning Assistant � CC: Street File � Date: May 11, 2015 G/L: 101-22205 Re: Escrow Refund Request Demolition Permit #2015-00068 pertaining to 3928 Cherry Avenue is complete. Please refund $2,500 to the property owner, Lakeshore Holdings, LLC. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Lakeshore Holdings, LLC 153 Lake Street E Wayzata, MN 55391 w:�,street files\cherry ave\3928\escrow refund request for demo 2015-00068.docx DEMOLITION PERMIT 2015-00068 � ESCROW AGREEMENT AGREEMENT made this�_day of r�'�4►�� 20�, by and be n the CITY OF ORONO, a Minnesota municipal corporation(Cit�and aF� (°Owners'�. ��L 8�1� 1. An application for a demolition permit has been filed for the prin 'pal structure and two accessory structures located at 3928 Cherry Avenue("Subject Propert�')legaliy described on hed Exhibit"A'. 2 In conjunction with the demolition, erosion control measures a required as shown on attached Exhibit"B". NOW,THEREOFRE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Corrtemporaneously with the ex ution of this Escrow Agreement, the Owners shall deposit$2,500 with the City. All accrued interest, if any, shall paid to the City to reimburse the Ciry for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guara reimbursemerrt to the Ciry for all out-of-podcet costs(inGuding planning, engineering, or legal consultant review) e City has incurned to assure that the erosion control measures are installed and mairitained so the property complie with the provisions of Orono City Code Chapter 79. The financial security may also be used by the City to eli inate any hazardous conditions associated with the work and to repair any damage to public property or infrastru�t re that is caused by the work. If compliance with the approved Land Disturbance Permit is not acc�mplished within allawable time period, the City may bring the project into compliance by use of the security. 3. RIGHT OF ENTRY. The Owners hereby grarrt the City, its gents, employees, officers and contracto�s the right to er�ter the property to perform all work and inspections med appropriate by the City in conjunction with the required erosion coMrol measures, including but not limited to tructing or completing any and aU of the agreed upon improvements should the Owners' contractor not complet those improvemeMs by the date specifled I�rein. 3. MONTHLY BILLING. As the City receives consultant bills for i rred costs, the City will in tum send a bill to the Owners. Owners shall be responsible for payment to the City wi in 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that O+nmers do not make payment to the City within the timeframe outlined in#3 above, shall issue a Stop Wa'k Order rrtil the Owners pay all expenses invaced pursuant to #3. The City may draw from the escrow account without ither approval of the Owners to rreimburse the City for eligible expenses the City has incumed. - 5. CLOSING ESCROW. Any remaining amount of the financial s rity d�osited with the City for faithful performance of the plans and specifications and any related remedial work will be released after the completion and inspection of all such measures and the establishmerrt of final sta 'lization for the Subject Property. Ciry Staff shall review the terms of this escrow agreement two times per year to ermine whether the requirements of the project have been successfully completed and whether it is appropriate to tum the funds. Owner may also request the release of the funds, and such funds shall be released upon C' Staff receiving the appropriate verification that all�equirements of the project have been successfully completed. 6. CERTfFY UNPAID CHARGES. If the project is abandoned by ers, or if the eligible expenses incurred by the City exceed the amount in escxow, the City shall have the right t certify the unpaid balance to the subject property pursuant to Minn. Stat. §§415A1 and 366.012. CITY: �ITY OF RONO OWNERS: � 1 -— -_ By: ` ��: I a +s �nternd Ilee t�lps O Orl�tnal w�ce Dq�utareat ; D to st�et FJk 150784 Cit�� of Qrono 275U Kelley Parkway Orono MN 55356 952-249-460U Receipt No: 3.012723 feb 2, 2015 Lakeshore Holdings Previous Balance: .00 Permits 2015-00068 3928 L'herry 2,500.00 Ave 101-22205 Deferred Rev-Developer Deposit --------------- Total: 2,500.00 _______________ Check Check No: 1037 2,500,00 Payor: Lakeshore Holdings . Total Applied: 2,500.00 --------------- Change Tendered: .00 --------------- 02/02/2015 11:39AM ' ` , CITY OF ORONO * Z 0 1 5 - 0 0 1 3 9 * 2750 KELLEY PARKWAY DATE ISSUED: 02/OZ/2015 ORONO, MN 55356- 952 249-4600 FAX: 952 249-4616 ADDRESS : 3928 CHERRY AVE PIN : 08-117-23-33-0018 LEGAL DESC : CRYSTAL BAY VIEW : LOT 000 BLOCK 004 PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: THIS$2500 ESCROW IS TIED TO DEMO PERMIT 2015-00068 APPLICANT ESCROW FEE-BUILDING 2,500.00 LAKESHORE HOLDINGS LLC ESCROW FEE-EROSION CONTROL 0.00 153 LAKE STREET E ESCROW FEE-GRADING 0.00 WAYZATA,MN 55391- TOTAL 2,500.00 (612)462-4000 Payment(s) CHECK 1037 2,500.00 OWNER O'REILLY,DONALD 3928 CHERRY AVE MOLJND, MN 55364- 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 Building 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 after 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