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HomeMy WebLinkAbout2016-00918 - escrow fee � � � CITY OF ORONO * 2 0 1 5 - 0 0 9 1 B * 2750 KELLEY PARKWAY DATE ISSUED: 07/22/2015 ORONO, MN 55356- 952 249-4600 FAX: 952 249-4616 ADDRESS : 3409 EASTLAKE ST PIN : OS-117-23-13-0036 LEGAL DESC : BAYSIDE ADDN TO LAKE MINNETONK : LOT 000 BLOCK 008 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$2500 ESCROW IS TIED TO LAND USE APPLICATION 15-3769 APPLICANT ESCROW FEE-APPLICANT 2,500.00 LAPPEN&KALLYN BIALOWAS,CHRISTOPHER TOTAL 2,500.00 3409 EASTLAKE ST Payment(s) CHECK 1290/303i 2,500.00 LONG LAKE,MN 55356- OWNER LAPPEN&KALLYN BIALOWAS,CHRISTOPHER 3409 EASTLAKE ST LONG LAKE,MN 55356- AGREEMENT AND SWORN STATEMENT The work for which[his petmit 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 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 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 KALLYN BIALOWAS �5-,aas/s,o 1561b PAitK'i'ERRACE Dit. PH.612r991-5833 0311490 12 9� EDBN PRAIRIE,MN 55346 ''''7 y . :; DATE T "'Z � £ d !;r 't rr /! �a `� PAYTO l./'h( OF �('?AA�D s `` I � � ��' W , � � 7T�ORDER OF .�s � " "��":: I � 1 J�-Y—_t. Illli�`����� ��ri��� 6j—�����i � � 1 � s M.y., c��p;�.. ` �' FIRST MINNETONKA CITY BANK . � Glen lalm Shtlm:(952�93�5-m86�63•�Vll�pe:(952�35-s9B5 � l MEMO � ��i���C/(�{�/V �yp 1290 , City of Orono City of Orono 2750 Kelley Parkway 952_249-4600 2750 Kelley Parkway Orono MN 55356 Orono MN 55356 952-249-4600 Receipt No: 3.013831 Jul 22, 2015 Receipt No: 3.013831 Jul 22, 2015 Kallyn Bialowas Kallyn Bialowas Planning and Zoning Planning and Zoning 15-3?69 3409 Eastlake St 1,250.00 15-3769 3409 Eastlake St 1,250.00 101-22205 101-22205 Deferred Rev-Developer Deposit Deferred Rev-Developer Deposit 1,250.00 --------------- Total: Total: 1,250.00 '-'-'----'----- Check 1,250.00 Check 4 Check No: 1290 Check No: 1290 1,250.00 Payor: Payor: Kallyn Bialowas �,250.00 Kallyn Bialowas Total Applied: Total Applied: 1,250.00 ---------- -------------- - Change Tendered: _ __ ____00_ Change Tendered: .00 --'-----'---�-- _______________ 07/22/2015 09:37AM 07/22/2015 09:37AM ' • : • . 1 • emo To: Finance Department From: Christine Mattson, Planning Assistant (J' _ ` CC: Street File Date: November 22, 2016 G/L: 101-22205 Re: Escrow Refund Building Permit#2016-00452 pertaining to 3409 Eastlake Street is complete. Please refund $2,500 to the property owners, Christopher Lappen & Kallyn Bialowas. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Christopher Lappen & Kallyn Bialowas 3409 Eastlake Street Long Lake, MN 55356 w:�street filesleastlake street�3409\escrow refund 2016-00452.docx BUILDING PERMIT ESCROW AGREEMENT Orono Building Permit#2016-00452 and Land Use Appiication#15-3769 AGREEMENT made this ��tit day of A`1 , 201�0 , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City")and Christopher Lappen and Kallyn Bialowas ("Owners"). Recitals 1. A building permit application has been filed for an accessory structure located at 34-9 Eastlake Street the ("Subject Property"), legally described the West 6.00 feet of Lot 1, and the East 50 feet of Lot 2, Block 8, BAYSIDE ADDITION TO LAKE MINNETONKA, 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 permlt #2016-00452 & land use application #15-3769 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: , its: � I�temal Use Only: t7 Original to Planning O Copy to Property Owner t] Ccpy to Street File . . . � LAND USE APPLICATION ESCROW AG EMENT Application # /_� - � 7� � AGREEMENT made this � ��� day of ,�v�y , 20 �S , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and _��►(U �f�� ���I �r K:.�u.4nl "Ci�hi,o•,r,rl� [a corporation—optionalj ("Owners"). Recitals 1. Owners have filed Zoning Application #�� - 37 9 forma�ly requesting the City to review plans for a located at the property addressed: GZS- p f� �'yLp �t�I/ (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 $�L��, 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 Owners, reviewing the plans, and preparing agenda packet material for City Council review of application # /✓� - ��o�/ . 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 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 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: CI�Y OF ORONO OWNER : By: c • gy: � .� . , its: its: �N 2� lnternal Use Only: �Original to Finance Department 0 Copy to Zoning File �Copy to Street File Packet Last Updated: January 2015 Page 10