HomeMy WebLinkAbout2009-00865 - escrow fee � � CITY OF ORONO PERMIT NO.: 2009-00865
2750 KELLEY PARKWAY
ORONO, MN 55356- �ATE ISSUEn: 12/OU2009
952 249-4600 FAX: 952 249-4616
ADDRESS : 2400 FOX ST
PIN : 04-117-23-41-0011
LEGAL DESC : MAJESTIC SPRUCE ADDITION
: LOT 1 BLOCK 1
PERMIT TYPE : ESCROW FEE- WETLAND
PROPERTY TYPE : RESIDENTIAL
CONSTRUCTION TYPE : ESCROW FEE-WETLAND
N01'E: "I'HIS ESCROW PERMI'I'IS FOK WF.,TI�AND BUFFER-TIED TO BUILDING PERMIT#2009-00803
APPLICANT ESCROW FEE- WETLAND 500.00
LINDBLOOM, JULIE
2690 RAINEY RD TOTAL 500.00
WAYZATA, MN 55391-
OWNER
LINDBLOOM,JULIE
2690 RAINEY RD
WAYZATA, MN 55391-
AGREEMENT AND SWORN STATEMEIVT
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 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[ime after work has commenced.
The applicant is responsible for assuring all required inspections are
requested in conformance with the State Building Code.This permit may be
revoked at any time for due cause.
/ / / /
Applicant Permitee Signature Date [ssued By Signature Date
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.
BUFFER IMPROVEMENT
ESCROW AGREEMENT
AGREEMENT made this ' S� day of December, 2009, by and between the CITY
OF ORONO, a Minnesota municipal corporation ("City") and Chad M. and Julie A. Lindbloom
("Owners").
Recitals
A. The Owners are having a new house constructed at 2400 Fox Street in Orono (Lot
1 Block 1 Majestic Spruce Addition, Hennepin County, Minnesota).
B. The construction of the house triggers the requirement that the buffer for the
wetland in the northwest corner of the property be improved. The plan for this
improvement was approved as part of the approval of the Majestic Spruce
Addition. Owners may change this plan, subject to approval by the City's
wetland consultant.
C. City is requiring a security agreement to guarantee the required improvement of
the buffer is successful.
D. Owners agree to complete the buffer improvement in a timely fashion. Owners
agree to provide financial security for this work by entering into this Escrow
Agreement.
E. The City has determined that this Escrow Agreement constitutes adequate
assurances from Owners, sufficient to protect the City from potential damages and
noncompliance with the City Code.
NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the issuance of
this the building permit, the Depositor shall deposit $500.00 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 that the
improvement of the buffer required as part of permit number 2009-00803 is completed
properly and that any vegetation that does not establish successfully is replaced. A
planting is deemed successful if there is at least one native plant from the seed mix per
a• ,
square foot in the seeded area. Areas where the planting is not successful shall be
reseeded by the end of the growing season. The funds shall be spent by the City if Owners
for any reason are unable or unwilling to honor the requirements of the City Code.
Construction costs may also include engineering estimates and plans as well as labor and
materials for an_y repairs or matters completed.
3. REQUIRED IMPROVEMENTS. The required improvement described on the
Wetland Buffer Establishment and Management Plan dated September 24, 2008, drawn by
Mike Brandvold of Anderson Engineering of Minnesota, as they pertain to Lot 1 Block 1
Majestic Spruce.
4. DISBURSEMENT FROM ESCROW ACCOUNT. If the City suspects or knows
of any matter cited above that is not completed correctly and in a timely fashion, it shall first
make demand of the Owners to make any necessary repairs ar to take other prudent
remedial measures within a 5 day time period. If the Owners are unwilling or unable to
honor its agreement as determined by the City, the City may draw from the Escrow
Account, as necessary. The remedies afforded to the City under this agreement shall be in
addition to any other remedies which the City may be entitled by law or equity or other
agreement.
5. CLOSING ESCROW. The escrow, less any eligible expenses, shall be returned
to the Owners two growing seasons after planting if the planting is successful. If
substantial portions of the plantings are not successful after one planting season the City
may hold the escrow for an additional planting season. If substantial portions of the
plantings are not successful after two planting seasons the City may hold the escrow for
two additional planting seasons.
6. ACCESS TO PROPERTY. The owners of have granted to the City, its agents
and its employees, the right to enter on the Property for the specific purpose of inspecting
or completing the improvement of the buffer should the Owners not complete the work
by the specified dates.
CITY: CITY OF ORONO RS: .�
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Internal Use Only: 0 Original to Finance Department � CoPy to Street File
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