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HomeMy WebLinkAboutltr re escrow O�`\�� ��� � � � O O !' ���� � CITY of ORONO i"� 3 �/r�' '�I�,, � � . � . �� l� ' �► Municipal Offices ,� �� ' ^4 �� ;. ': '�� � � '�� ,.�,'� , Street Address: Mailing Address: kE3H� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 April 23, 2010 Todd and Mary Murley 2775 Countryside Dr. W. Long Lake MN 55356 Dear Mr. and Mrs. Murley: Minnesota Pools has applied for a permit to construct your swimming pool and Johnson Concrete has applied for the land alteration permit for the sport court and grading. The zoning review is complete. The building official will review the plans next. City Code requires an escrow of$2,500 in conjunction with your project. The purpose and conditions of the escrow is explained more fully in the enclosed escrow agreement. Please read them carefully so you understand your responsibilities and the consequences of non-compliance. You are responsible for erosion control. Any costs the City incurs in excess of the escrowed amount will be assessed to your property as special assessments and will be a lien on the property until paid. The agreement must be signed and submitted with the escrow money before the permit can be issued. You may mail them to: City of Orono PO 66 Crystal Bay 55323-0066, drop them at City Offices (2720 Kelley Parkway) between 8am and 4:30 pm, or give them to the first contractor to pick up his permit to submit. You will be mailed a receipt and a copy of the agreement after the permit is issued. If you have any questions feel free to contact me. Sincerely, Eve n Turner City Planner 952-249-4623 eturner@ci.orono.mn.us Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us . PERMIT ESCROW AGREEMENT Orono Permits 2010-00239 and 2010-00241 AGREEMENT made this day of , 2010, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and TODD R. and MARY J. MURLEY, husband and wife (Owners"). Recitals 1. A building permit application has been filed for a swimming pool and for a land alteration permit for grading located at 2775 Countryside Drive West (the "Subject Property"), legally described as Lot 1 Block 3 Old Crystal Bay Road Addition, Hennepin County Minnesota. 2. Owners request the City to review these applications. 3. The City wili commence its review of the application and incur costs associated with said review oniy 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 2010-00239 and general permit 2010- 00241 if compliance with the approved permits is not accomplished. 3. MONTHLY BILLING. As the City receives consultant bilis 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 OWNERS: By: Its: Internal Use Only: 0 Original to Finance Department O Copy to Street File