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HomeMy WebLinkAboutre escrw refund t , . . • . • • 1 • emo To: Finance Department From: Christine Mattson, Planning Assistant /�r' \ l CC: Street File Date: February 3, 2016 G/L: 101-22205 Re: Escrow Refund The property owner called to say she is not proceeding with her addition/remodel project associated with Building Permit #2015-0232 and Land Use #15-3771 pertaining to 3349 Crystal Bay Road. Please refund $2,500 to the property owner, Julie Lensing. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Julie Lensing 3349 Crystal Bay Road Wayzata, MN 55391 w:�street files\crystal bay rd�3349\escrow refund 2015-01232&15-3771.docx BUILDING PERMIT ESCROW AGREEMENT Orono Building Permit#2015-01232 and Land Use#15-3771 �- — ��� �� AGREEMENT made this � day of �i�tpu , 20 / 5, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Julie Lensing ("Owners"). Recitals 1. A building permit application has been filed for an expansion of the third story located at 3349 Crystal Bay Road the ("Subject Property"), legally described as Lot 10, Wallace's Addition to the Village of Minnetonka Beach, 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#2015-01232 and land use #15-3771 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: By:�/��Y1�u�� �ts: n lntsr►�al Use'tJnly: �t?riginal b Planning �Copy ta Property Dwn�r a Copy tc Street Fi#e . BUILDING PERMIT ESCRO�AGREEMENT j ✓ . Orono Building Permit# b��—L;/ a 3� `� ��5 "�7� ( AGREEMENT made this day of , 20 , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and c�t� �t P 7�, i �vis�n� ("Owners"). Recitals 1. A building permit application has been filed for located at �3�`� �rdS'��( (3n� �� C;UQ� L2'�'�, )7'�� SS3`�1 the ("Subject Property"), legally described as 2. Owners request the City to review this application which requires City approval and may require consultant legal and/or engineering review. 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 b}' the work (including planning, engineering, or legal consultant review) associated with building permit #aDlS�Ula3�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 property pursuant to Minn. Stat. §§ 415.01 and 366.012. CITY: CITY O ORONO OWNER: � � � By: � � ' �� L[. Its: �� ��1' � �� � ' internal Use Only: � Original to Finance Department 0 Copy to Street file Packet Last Updated: August 2015 Page 23 LAND USE APPLICATION ESCROW AGREEMENT Application# �S� _ �-�7'7 / AGREEMENT made this 22 day of �TL'' �1 20 ;� , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and � ` [a corporation — optionalj ("Owners"). Recitals 1. Owners have filed Zoning Application# �5 - ����formally requesting the City to review plans for a f�dc��Y�-itri ���TCG� , � Q g C i�s�f- located at the property addressed: ��?'�' � , ,��y{� ,r��► � p �� � (the "Subject Property") legally described as 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 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 $ vZ��C� 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 Owners, reviewing the plans, and preparing agenda packet material for City Council review of application # /5 - ���7( . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 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 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 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 property pursuant to Minn. Stat. §§ 415.01 and 366.012. CITY: CITY OF ORON OWNERS: BY: (1Vl.t-�-l�-- By: ,� �'�`�' Its: 7 d�c-/ Its: Internal Use Only: �Original to Finance Department �Copy to Zoning File 0 Copy to Street File Packet Last Updated: January 2015 Page 10 JVUE B LENSING ozna - �j3�$ - 3349 CRYSTAL BAY ROAD - - -- WAYZATA,MN 55391 17-1l9105i5 _ _ � Zai 1 ir_ 921456t186- tJ �- . DATE _:-,> . ._ - PAY T0 7HE �`^�� ' � �n��..�� ORpER dF r vv ���V �� �;;. �� N�J .Q L�-:.-.---�- DOLLRRS � ��' . . _ � . - . .. -��.�.omn.�""". ' .� �WeNiFu9oBankNA. __ _ -. � ' - ,� � . � ��bls�nesoca weA+£argo:tom FOR - N-_JC�=�`'.�r`r � ;- _ fr »� �3fl8 .tuLrE B�ENs1NG ozna r - - , :�J309 '` 3349 CRYSTAL BAY FiOAD , _ - - - ,= 17-�/9t0:5�5 WAYZATA,MAi 55391 - - `_ , . ' �j -�� � ,_ `- 92'l4561185 ; ! ' _ : __ _ , _ - _ - - = DATE _ - _ _ _> _ i_ 1t= _ _ . - = - PkY�'�TFIE Q� ���� , _ - � asrx�/.� �A��lS'f' DOLWRS „�' �" , _.�� _ .�. � wea��y�a�k� - _ - __ = ` _ - miii,nesoca M weksfar9o.cnm� � � i�i ' ' '-�- ! "� ! u_-.I " - .. : j . -.- .._� __.,`.,.,, :: .. ._ �.,, �-, . "- _ _,:. . , ._. . ,._.:-_ � _- .., . � , : ;. -�_- � .-, .,- ,� . .��,;. lIP . . _. . . _ � � 7���i 'a- , -.ir'r,h. _. . - . . ,_ ....... . . -.- .. . _ ._ ; . City of Orono 2750 Kelley Parkway Oronu MN 55356 952-249-4600 Receipt No: 3.013843 Jul 22, 2015 Julie LEnsing Plarming and Zoning - 15-3771 3349 Crystal Bay 2.500.00 Rd 101-22205 Deferred Rev-Developer Deposit --------------- Total: 2,500.00 -------------- -------------- Check Check No: 5309 2,500.00 Payor: Julie Lensing Total Applied: 2,500.U0 --------------- Change Tendered: _____`______00_ �������D C17/22/2015 04:44PM JUL 2 2 2015 � � ` • � CITY OF ORONO , . CITY OF ORONO �c Z 0 1 5 — PJ 0 9 2 1 * 2750 KELLEY PARKWAY DATE ISSUED: 07/22/2015 ORONO, MN 55356— 952 249-4600 FAX: 952 249-4616 ADDRESS : 3349 CRYSTAL BAY RD PIN : 17-117-23-41-0023 LEGAL DESC : WALLACES ADDN TO VIL OF MTKA B : LOT O10 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$2500 ESCROW IS TIED TO VARIANCE APPLICATION 15-3771 APPLICANT ESCROW FEE-APPLICANT 2,500.00 LENSING,JULIE TOTAL 2,500.00 3349 CRYSTAL BAY RD Payment(s) WAYZATA,MN 55391- CHECK 5309 2,500.00 OWNER LENSING,JULIE 3349 CRYSTAL BAY RD WAYZATA, MN 55391- 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 no[grant permission for additional or related work which requires sepazate 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 reques[ed in conformance wi[h the State Building Code.This permit may be revoked at any time for due cause. / / Applicant Permitee Signature Date Issued By Signature Date �0�,0 � � ti � F L� ��Kf 5 t►O�� �_ February 3, 2016 Peter, Attached is a refund request from Chris Mattson/Home Owner, for permit#2015-01232 located at 3349 Crystal Bav Rd. Per the attached letter they will not be doing the work on this project. They would like a refund. Roger has agreed to refund the cost of the permit, minus the State Surcharge. Please refund Julie Lensing$1,031.04 for the cos` -`'' Thank you, � � r I � 12cu'.1'�.L�Od,�-er ��\W/' 'v' J - �:�c,e,iv�.� o� C� �u l c,� Rachel Dodge `��� c� Administrative Assistant � � U �QX1Sl � . �,�,� l �-- Send refund check to: � • ' ,l i-�'h ��' Julie Lensing � v" 3349 Crystal Bay Rd 1� i�-' ���,(� Wayzata, MN 55391 �vl.� vo�d reafi`ar� �- t ►��� < r �w �,�u' K�� � ��f �f � ,� �. �. �,� 1CU i �"r�► u�( a u,���- � � � ��-� �,' �w � �� . � � �� � � � � � �� �� ��� ti•