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HomeMy WebLinkAbout2014-00155 - escrow fee � ; CITY OF ORONO * 2 P1 1 4 -� 1� 2750 KELLEY PARKWAY llATE ISSUED: 02/19/2014 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 440 BIG ISLAND PIN : 23-117-23-32-0071 LEGAL DESC : SCRNER SUB LOT E MORSE ISLAND : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTL;: TEIIS $2500 ESCROW IS TIGD TO 70NING APPLICATION 14-3658-PA[D CH�CK#5856-PD BY JO►�iN RGIMANN APPLICANT ESCROW FEE-APPLICANT 2,500.00 ESCROW FEE- DEVELOPER 0.00 JABBOUR, GABRIEL 21 UNIVERSI'I'Y AVE NE TOTAL 2,500.00 MINNEAPOL[S, MN 55413- Payment(s) CHECK 5856 2,500.00 OWNER JABBOUR, GABRIEL 21 UNIVERSITY AVE NE MINNEAPOLIS, MN 55413- AGREEMF.NT AND SWORN STATEMENT The work lor which this permit is issued shall be perfbmled according to the approved plans and specitications,applicablc City approvals,and thc State[3uilding Code. This permit is for only the work described and does 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 compied with whether or not specilied herein. Iliis 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 fi�r a period of 180 days at any time attcr work has commenced. I'he applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code.This pcnnit may bc revoked at any time fbr due cause. / / Applicant Permitee Signature Date Issued By Signature Date BUILDING PERMIT ESCROW AGREEMENT Orono Building Permit#20414-00578 8� Land Use Application#14-3658 AGREEMENT made this�day of , 20�by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") John & ice R imann ("Ow ers"). Recitals 1. A building permit application has been filed for a new seasonal structure located at 410 Big Island the ("Subject Property"), legally described as Lots 1, 2 and 3, Scriver's Subdivision fot E Morse Island Park and that part of Lot 6, Morse island park Second Addition that lies southerly of the following described Line "A": Line "A": beginning at a point on the east line of said Lot 6 which lies 904.53 feet southerly of the northeast comer of said Lot 6;thence southweste�ly along a straight line to the southwest corner of said Lot 6 and there terrninating. 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 woric is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financiat 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 #2014-00578 & land use application #14-3658 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 all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 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..�r�5pm{ty pursuant to Minn. Stat. §§415.01 and 366.012. CITY! CIT %Q�`8RQN0 OW , By: _ _ �- .v+� ItS: Internal Use Only: �Original to Plannfng �Copy to Property Owner O Copy to Street Fi�e LAND USE APPLICATION ESCROW AGREEMENT Application# /�-3�5� AGREEMENT made this ��'I'day of �����U-r , 20/� , by, and between the CITY OF ORONO, a Minnesota municipal corporation ("Cit�') and�� �� �C� e%/YIQ.Y)/1 [a corporation—optionalJ ("Owner"). Recitals 1. Owners have filed Zoning �4pplication # i�-365� formally requesting the City to review plans for �]Yl � [ CC located at D l GL the"Subject Property")as mor ully shown and described on Exhibit"A" attached hereto. 2. Owners request the City to review said plans which requires City approval including 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish 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 $ 02.`�AO•°p 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, or legal consultant review) or will incur in meeting with the O��y ners, reviewing the plans, and preparing agenda packet material for City Council review of application # / 5� -��$5' . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning and subdivision application. 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 cease all reviews 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. 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� C TY OF ORONO OWNERS: By: ,�� , � � ,� ,���c� S_ ��%w��.�c,ti :TI�� ���.,��u;.` Its:�UA��� ��� Its: Internal Use Only: 0 Original to Finance Department G Copy to 2oning File �Copy to Street File Packet Last Updated: 03/29/13 Page 10 of 29 � . . • . . • • 1 • emo To: Finance Department From: Christine Mattson, Planning Assistant CC: Street File Date: July 7, 2015 G/L: 101-22205 Re: Escrow Refund Building permit#2014-00578 pertaining to 440 Big Island is complete. Please refund $2,500 to the property owner, John &Alice Reimann. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing amount received Mail to: John &Alice Reimann 21957 Minnetonka Blvd#12 Excelsior, MN 55331 w:\street files\big islandW40\escrow refund 2014-00578.docx