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HomeMy WebLinkAboutEscrow refund . . , . . • . � • emo To: Finance Department From: Christine Mattson, Planning Assistant r/V ' � CC: Street File Date: January 25, 2017 G/L: 101-22205 Re: Escrow Refund Building Permit #2016-01134 pertaining to 1105 Brown Road S is complete. Please refund $2,500 to the applicant, Norton Homes. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Norton Homes 18215 45"'Ave N, Suite D Minneapolis, MN 55446 w:�.street files�brown road s\1105\escrow refund 2016-01134.docac 4 , �, �`� � �� `�' •� ��� �S � � � � � t��� � �~ .�°� `� �'�U' . � �-- . �- _ v � ��,�rn ��- J�� r�l�� �- � `� y�,� C� S `"� L�"�l `� c�._ ��_ �,��rt � ,- r� C � ��ti�� �r`M - , � ��� � ! -� � '��� f ., ` � � � � `v,� � � '(�� J � ' ' ' BUILDING PERMIT ESCROW AGREEMENT D( I �'"I Orono Building �ermit� I/�v -1/ , . AGREEMENT made this�day of_9 � , 20�, by and between the CITY OF ORONO, a tVlinnesota municipal corporation ("City°)and ruo��'D�J r4p�d � 4 ("Owners")' �� � , ,� Recitals r' �� ._ _ . ;-= � 1. A building permit application has been filed for j�C1�. hp��'�a� Ilos 'gh'owN (Lp J located at the ("Sub�ect 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. Contemporaneousty 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 reirnbursement 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 rk (including planning, engineering, or legal consultant review) associated with building permit # a0/`•a if compliance with the a roved buildin PP g permit is not accomplished. . DlI� 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 Ciry 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, 'rf 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 whet.her the rsquirements 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 ORONO OWN By:�l/�'y��.►��'V.� its:� �111 1 _ �dl�-1� t�M� internal Use Only: []Origina!to Finance DepartmeM �Copy to Street File Packet Last Updated: January 2016 Page 23 , CITY OF ORONO . 2750 KELLEY PARKWAY * 2 fd 1 6 — 0 1 PJ 9 7 * DATE ISSUED: 09/08/2016 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 1105 BROWN RD S P� : 10-117-23-24-0004 LEGAL DESC : UNPLATTED 10 117 23 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: THIS$2500 ESCROW IS TIED TO BUILDING PERMIT 2016-01095. 09/19/19-NOTE:WHEN PERMIT WAS TAKEN IN ASSIGNED PERMIT#2016-01095(HOWEVER PERSON ENTERING,DID NOT PUSH "SAVE"AND THIS NUMBER WAS USED BY ANOTHER PERMIT AT ANOTHER ADDRESS. WHEN I WENT TO ISSUE,I HAD TO ASSIGN A NEW PERMIT#2016-01134 IN ORDER TO ISSUE THIS PERMIT. APPLICANT ESCROW FEE-BUILDING 2,500.00 Norton Homes TOTAL 2,500.00 18215 45TH AVE N, #D Payment(s) PLYMOUTH,MN 55441- CHECK 14547 2,500.00 OWNER SULLIVAN,JOHN&LAURA 1105 BROWN RD S WAYZATA,MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to ' Ihe approved plans and specifications,applicable City approvals,and the State Building Code. This permit is for only[he 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 consUuction 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 Perm�tee Signature Date Issued By Signature Date ` � � ' BUILDING PERMIT ESCROW AGREEMENT Orono Building Permit#�O/�v -O/OjS AGREEMENT made this�day of � S� 20�, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and ruoa-i D�J rEpM'E3 ("Owners"). Recitals 1. A building permit application has been filed for 'DECK- hi�OlZl aiJ located at _llos �3ti'�w�► (LO J . 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 reirnbursement 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 # 0�0/�►•O/D� 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 Ciry 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 ce�tify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. CITY: CITY OF ORONO OWN By:�l/��ll'V�.� �ts:� nn j �d�� t�M� lnternal Use Only: 0 Original to Finance Depa�tment � Copy to Street File Packet Last Updated: January 2016 Page 23 City of Orono 2750 Kelley Parkway Orono MN 55356 952-249-4600 Receipt No: 3.016377 SeP 7, 2016 Norton Homes Previous Balance: Permits •00 2016-01095 Deck Permit 1105 Brown Rd S 2.500.00 101-22205 Deferred Rev-Developer Deposit ---- - Total: ----'---- 2.500.00 Check ----�'-'-______ Check No; 14541 Payor: 2.500.00 Norton Hume; Total App]��.,� 2,500.00 Change Tendered: -----------.00 . 09/07/2016 04:19PM NORTON HOMES LLC 14 5 4 7 REFERENCE NO. DESCRIPTION INVOICE DATE INVOICE AMOUNT � DISCOUNT TAKEN AMOUNT PAID 090716-1105 9/7/16 2,500�00 2,500.00 \ � CHECK DATE CHECK NO. PAYEE DISCOUNTS TAKEN CHECK AMOUNT 9/7/16 14547 City of Orono $2,500.00 • tlP'.IP'� ����@pl ,,! � i ��� m„ i „ � . . ., _ ----- . +I�� �u. ' ' :�YUN „ '„' � �� � ' ____ ,,ip �,'diln��N�M� Yi I���u��I�IP' IIW . I��b '��"�ri hq I,a6id��i D p � /� �� � � ��k� II �9 I� uo ,ipV � �nll�� �� �� ���IP i 'nll,nl, *%!4'�It 7 m G I i I i i � e 1! ����' � nfl�Ilo Ilo�u I �T,���,, ���,�,�, ��� ,� ,,�„�C'� �41'�N HO����'L� ��� t� �' �y�' ,;���'',�� � ''', d � � I ^�1 � � ,�. " � �,��� �"rP�,r„4 �'�"4�;ry�'u�",°° I;H�� ��f'�1�1�EAPOLISEMN���i446�'�lu�l� i�� �'�p I'�� a,���y�,��ill�il"� I 'll"I ���',h,"������i`�1�tY "� ��W�11; w y,A�'�� ��'���11a i�l�l�� 'I��� i r '+� �S RI �r il� ,�ii�ii����� ii II�111' 7.�p��G4f��'�'1'� IQ��'��F ��I�1���ii 75-1752/910 � � AMOUNT ��g�4i ��'� m�1�"���"a�.� ��P't p��y ���d �"�"V'" �Mi�.�l �q���I��i,�I i�J�'�d W p",1�N;�f���,�u ��kram`ars � 1i� �1� I�� dr� ���t� �prd�h ryl1lil' i�'�I?. ��r�p���I� �h�iN', i R,A1 ��b��� �I�l��'�w ��NiV iii. . � uii4p��'i�iNl� � o�� � �MII I�i ,. dl�'i'�� �'N�� � p � — ql„iil6rl d�i�qj�� iW��lli N��p�'� ryip i,��� i'+�h,�I�N I��..,4 in�� �ni� �M� "�i�lll�' Z,�J��.�� ,� „ i,l�lh�.i�q,�„ u�� �i� .��II� I��NIII�" „mim,.,:, ,q,�n :�'uoP��Od., o PAY Two Thousand Five Hundred and 00/100 Dollars ; TO THE m ORDER � � oF: City of Orono � 2750 Kelley Parkway � Orono, MN 55356 �.�` -��I -' ► 8 iw:1'1�A� I..., �C' � .. AUTHORIZED SIGNATURE _ ■ — — � • � CITY OF ORONO * 2 0 1 6 - 0 1 PJ 9 7 * 2750 KELLEY PARKWAY DATE ISSUED: 09/08/2016 ORONO,MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 1105 BROWN RD S PIN : 10-117-23-24-0004 LEGAL DESC : iJNPLATTED 10 117 23 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: THIS$2500 ESCROW IS TIED TO BUILDING PERM[T 2016-01095 APPLICANT ESCROW FEE-BUILDING 2,500.00 TOTAL 2,500.00 Norton Homes Payment(s) 18215 45TH AVE N,#D CHECK 14547 2,500.00 PLYMOUTH, MN 55441- OWNER Norton Homes 18215 45TH AVE N,#D PLYMOUTH,MN 55441- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications,applicable Ciry 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 l80 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 Signawre Date