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HomeMy WebLinkAbout2017-00237 - escrow fee . CITY OF ORONO * 2 0 1 7 - 0 0 2 3 7 * ' 2750 KELLEY PARKWAY DATE ISSUED: 03/14/2017 ORONO,MN 55356- (952)249-4600 FAX: (952) 249-4616 ADDRESS : 1515 GREEN TREES RD PIN : 11-117-23-23-0013 LEGAL DESC : GREEN TREES ON TANAGER LAKE : LOT 003 BLOCK 001 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 2017-00206 APPLICANT ESCROW FEE-BUILDING 2,500.00 BURWELL TRUST,BARBARA TOTAL 2,500.00 1100 MILLSTON ROAD Payment(s) CHECK 14613 2,500.00 WAYZATA,MN 55391- OWNER BURWELL TRUST,BARBARA ll00 MILLSTON ROAD WAYZATA,MN 55391- AGREEMEIVT 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 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 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 . ESCROW AGREEMENT At3REEMENT made this�day of////lA�// ,20f�by and between the CITY OF ORONO, a Minnesota municipal corpvration ("Ci )and_ bArl�elet W'YN ,�,� ("Owne�(s)'). RECITALS A. The undersigned is/ane the Owner(s)of the Subject Property and hereby agrees to and oonsent to the terms and conditions of this Escrow Agreement� B. Owner has: (check one)� a f led a zoning a�Cu�Eion# a�Fled an application for a Building2oning Permit#�Qn_m20�/ o A greed to corn p l y wi t h Orono City Code Section 78-1432 regarding acoessory structu�es. o Filed an Individual Sewer Treatmerrt System(ISTS)permit application. ❑ Requested to do wark wii�in public Right-of-Way ❑ Filed a request for a Temporary Certficate of Occupancy a Other {'Appiicetlon")on land situated in the City and located at (the°Subject Propert�');and C. The City is wlRing b review or monitor the Application only if the Owner a�rees fio �eimburse the City for ii�e actual c�sts expended by the City o� behalf of,or an account of,the Owner. NOW THEREFORE.THE PARTIES AGREE AS FOLLOW8: 1. DE SIT l IRED. Contemporaneously with the execwtfon of this Escro�w Agreement,the Owner shail deposit$ {"Escrow") with the City neoessary to secure ooverage of the �ctai costs associated with review, approval, and monitoring af the Application. Any Escrqw sha1� be held in a speciai escrow account and shall be credited to the Owner. Z. P�lRPOSE OF ESCROW. • Zonina. 7he purpoasee of the Escrow is to gaarantee reimbursement b the City for expenditures lncluding but not be limited to staff time, at the rratas es�ablished by the Ctty Council, in excess of that covered by the standard applk�tfan fees, engineer�ng c�nsutt�t and legal �oonsuftant expenses incurred by the City in reviewing and approving the Applic�tion and ali ather city staff administrative and consultant servioes perFormed in the processing of said review and approval. • Buildin lZonin . The purpose of the escrow is�o guarar�tee oompietion ofthe site plan as approved and the provision vf the as-built survey as required by th�Building officfal. ■ Accessorv Structur�. The purpose of the Escrow is to guarantae reimbursement to the City for expendNures induding but not limified to staff. time, at tha raties establishad by the City Administrabor, engineering and legal oonsultant e�cpenses Incurred by the CEty in �noving an ac�essory building if the Owner fails tfl perForm the obligakions in Orono City Code Section 7&1432 and all other City staff administrative and consultarit services pertom�ed!n removing the aocessory buiiding, including tand stabilization. ■ 1STS. The purpose of the Escrow is to guarantee reimbursement fio the City for expenditures including but not be limited to staff tlme, at the raties established by the City Caunc(i, in e�ooess of that covered by the standard application fees, engineering consult�mt and isgel oonsultant expenses incurred by the City if Owner fo� any reaso� is unable or unwilling to honor the �quirements of Chap#er 58 of the Orono City Code, and all other city gtaff adminisqative and consultant senrices perfoRned in�Iadng 6o the Application, The City may also reimburse ftself for all engineering and legal expenses associated with the construction, removaf, aiberation, or repair of the IS7S if the Owner fails to do so. � Temnorar�r Certificsbe of Occu�ncv The purpose of the Escrow is to guarantee compleqon of exterlor Improv�ements (driveway, grass, etc.) that cannot be accomplished due to weather canditions. January 20�7 1 3. MQNTHLY BILLING. The City will monthty brward to me Owner a statement and biN for the expenditures incumed by the City for staff and c�nsultant services. Such statements shall be due and payable within 15 days for nec�ipt by the Owner. No ststemerrt will be sent if there are no e� incumed in the period sinoe the most recent statement. The Cih►shaN ibemize all tirne, servio�, and �rials billed to any Owner and said tlme, servioe�, and,matierials shail be in acoordanoe with the rules,regulations�and fees as promulgsbed and adoptpd by ttie City Council. 4, DISBURSEMELV?FROM ESCROW A COUNT. In the event the Owner do�not make payment the City as required unde�paragraph 3,the City may draw from the Escrow without further approval of fhe Own�tfl reimburse the City for elig�le expenses the City has incurred. The City shall paiodicalty notify the Owner of the draws the City has m�ie and the nature of the expense for which the neimbursement is being made. 5. REIMBU(�E�AENT OF ESCROW. The Owner st�ll reimburse the Escrow fund for any deticits cat�sed if the amouM actually expended by,or billed to, the City exoeeds the escrow fund balance. 6. RIGHT�F ENTRY. ■ �g. Thls section is not applicable. � • uB �Id�ig: Tt�is sedion is,,nt�t applicable. • Acx�ssoly Stn,cture. The Owrier hereby grants the Cily, its agents, employees, offioers and contractors the right to enter the property fia rem�e the ac�essory building(s}shouhi the Owner not cornplete the removal obligations in Orono City Code Secbon 7&1432. • ISTS. The Owner hereby grar�ts the City, its agents,employees,offioers and c�ontrac�ors the right 6o enter the property to perfonm all wo�ic and inspections deemed appropriate by the City in oonjunc�on with replacement of the septic syst+em, including but nat limtted to construding or c�ornpleting any�d all of the agreed upon improvements should the Owner not completie those improvemerrts by the date agreed upon. ■ Temoorarv Certificate of Occupancv. This section is not applicable. 7. NO INTEREST PAID. All aocxued interest, if any,shaN be paid to the City to reimburse the City for its oost in administe�ing the Escrow axourtt. 8. CLOSWG E C� ROW. When the revlew has been completed or the projed has been camplebed, the balance of the Escrow, if any,shall be retumed fio(check one): ,�f Owner a Applica t a r Name: � V Sbreet A�dress/PO Box: � City/State!ZI P: .S�I S. CERTiFIED�JNPAID CHAROES: lf the Ap�lication is abandoned by Owne.r,or if the e(igible expenses incurred by tt�e City exceed the amou�t in Escraw, fhe Cihr shall have the right to certify the unpaid balance to the Subject Property pursuant Eo Minn. Sta�§§415.01 and 366.012. IN WITNESS WHEREOF,the undersigned have executed this AAroement ss of t�day and ye�ar flrst above written. C1TY OF ORONO: OWNER(s): ' � � BY: SY: � January 2017 �