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HomeMy WebLinkAbout2017-00374 - escrow fee • , ' ' CITY OF ORONO * Z 0 1 7 - 0 0 3 7 4 * 2750 KELLEY PARKWAY DATE ISSUED: 04/17/2017 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 100 BAYSIDE TR PIN : 06-117-23-22-0026 LEGAL DESC : BAYVIEW FARMS 2ND ADDN : LOT 1 BLOCK 1 PERMIT TYPE : ESCROW FEE-T[ED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: THIS$7500 ESCROW IS TIED TO BUILDING PERMIT 2016-00796 FOR A TEMPORARY CERTIFICATE OF OCCUPANCY PAID FOR BY RANDALL NORD. APPLICANT ESCROW FEE-BUILDING 7,500.00 TOTAL 7,500.00 NORD, RANDAL&LINDA Payment(s) P.O. BOX 429 CHECK 5204 7,500.00 MAPLE PLAIN, MN 55359- OWNER NORD, RANDAL&LINDA ����J�� � P.O. BOX 429 � MAPLE PLAIN, MN 55359- ��I �ti�1 fY,O (�'� l N� 1/�,� � �e�,�. t� `�-�'�- �}'�+'� AGREEMENT AIYD SWORN STATEMEIYT O�rt� � � l�, � The work for which this permit is issued shall be performed according to �� ,,J�� the approved plans and specifications,applicable City approvals,and the �,./ ��J� ���'/)I (f , State Building Code. This permit is for only the work described and does �IX V+�+ Unw` not grant permission for additional or related work which requires separate �v permits. All provisions of laws and ordinances governing[his 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 I 80 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 AGREEMENT made this ���� day of A�2�L , 20��, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City°)and RandailNord ("Owner(s)"). RECITALS A. The undersigned is/are the Owner(s)of the Subject Property and hereby agrees to and consent to the terms and conditions of this Escrow Agreement. B. Owner has: (check one) ❑ Filed a zoning application# • ■ Filed an application for a Building#2016-00796 o Agreed to comply with Orono City Code S�ction 78-1432 regarding accessory structures. ❑ Filed an Individual Sewer Treatment System (ISTS) permit application. o Requested to do work within public Right-of-Way ■ Fiied a request for a Temporary Certificate of Occupancy ❑ Other ("Application") on land situated in the City and located at 100 Bayside Trail (the "Subject Property"); and C. The City is willing to review or monitor the Application only if the Owner agrees to reimburse the City for the actua�costs expended by the City on behalf of, or on account of, the Owner. NOW THEREFORE,THE PARTIE3 AGREE AS FOLLOWS: 1. DEPOSIT REDUIRED. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit $10,000 ("Escrov�') with the City necessary to secure coverage of the total costs associated with review, approval, and monitoring of the Application. Any Escrow shall be held in a special escrow account and shall be credited to the Owner. 2. PURPOSE OF ESCROW. ■ Zonina. The purpose of the �scrow is to guarantee reimbursement to the City for expenditures including but not be limited to staff time, at the rates established by the City Council, in excess of that covered by the sbndard application fees, engineering consultant and legal consultant expenses incurred by the City in reviewing and approving the Application and all other city staff administrative and consultant seivices pertormed in the processing of said review and approval. ■ Building/Zonin.g. The purpose of the escrow is to guarantee completion of the site plan as approved and the provision of the as-built survey as required by the Building official. ■ Accessory Structure. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not limited to staff time, at the rates established by the City Administrator, engineering and legal consultant expenses incurred by the City in removing an accessory building if the Owner fails to perform the obligations in Ororre City Code Section 78-1432 .and all other City staff administrative and consultant services performed in removing the accessory building, including land stabilization. ■ ISTS. The purpose of the Escrow is to guarantee reimbursem�nt to the City for expenditures including but not be limited to staff time, at the rates established by the City Council, in excess of • that covered by the standard application fees, engineering consultant and legal consuftant expenses incurred by the City if Owner for any reason is unable or unwilling to honor the requirements of Chapter 58 of the Orono City Code, and all other city staff administrative and consultant serv+ces pertormed in relating to the Application. The City may also reimburse itself for all engineering and legal expenses associated with the construction, removal, alteration, or repair of the ISTS if the Owner fails to do so. ■ T�mporarv Certificate of Occuoancv. The purpose of the Escrow is to guarantee completion of exterior improvements (driveway, grass, etc.) that cannot be accomplished due to weather conditions. January 2017 1 . , ' „ � 3. MONTHLY BILLING. The City wiii monthly forward to the Owner a statement and bill for the expenditures incurred by the City for staff and consultant services. Such statements shall be due and payable within 15 days for receipt by the Owner. No statement will be sent if there are no expenses incuned in the period since the most recent statement. The City shall itemize all time, services, and materials billed to any Owner and said time, services, and materials shall be in accordance with #he . rules, regulations, and fees as promulgated and adopted by the City Council. 4. DISBURSEMENT FROM E3CROW ACCDUNT. In the event the Owner does not make payment the City as required under paragraph 3, the City may draw from the Escrow without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall periodically notify the Owner of the draws the City has made and the nat�re of the expense for which the reimbursement is being made. 5. REIMBURSEMENT OF�SCROW. The Owner shafl�eimburse the Escrow fund for any deficits caused if the amount actually expended by, or billed to,the City exceeds the escrow fund balance. 6. RIGHT OF ENTRY. ' • Zonin4. This section is not applicable. ■ Buildin . This section is not applicable. ■ Accessorv Structure. The Owner hereby grants the City, its agents, employees, officers and contractors the right to enter the property to remove the accessory building(s) should the Owner not complete the removal obligations in Orono City Code Section 78-1432. � ISTS. The Owner hereby grants the City, its agents, employees, officers and contractors the right to enter the property to pertorm all work and inspections deemed appropriate by the City in conjunction with replacement of the septic system, including but not limited to constructing or completing any and all of the agreed upon improvements should the Owner not complete thase improvements by the date agreed upon. ■ Tem�orarv Certificate of Occuuancv_. This section is not applicable. 7. NO iNTEREST PAID. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the Escrow account. 8. CLOSING ESCROW. When the review has been completed or the project has been completed, the balance of the Escrow, if any, shall be retumed to (check one): �CQ Owner ❑ Applicant o Other Name: �N t7A L� R No R� Street Address/PO Box: �r7 a?C Y a9 City/State/ZIP: —7�lli"'L� �AIN � MN SS35q' -oya� 9. CERTIFIED UNPAID CHARGES. If the Applica6on is abandoned by Owner,or if the eligible expenses i�cuRed by the City exceed the amount in Escrow, the City shall have the right to certify�he unpaid balance to the Subject Property pursuant to Minn. Stat. §§415.01 and 366:012. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year first above written. CITY OF ORONO: OWNER(a): r BY: � gY: A-A'1 i�. 1 G(. Zo 1� January 2017 2 '��� LINDA M NORD,TRUSTEE OR �2a� RANDALL R NORD,TRUSTEE FOR THE '�-'�919 5 2 0 4 LINDA M NORD REVOCABLE TRUST /� 442A HARBOR tN.N t� ��c/'��5]�ie]d" � ✓S PLYMOLTI'H,MN 55446 � ,��x�f Da're � �i l'��" � ��� �-���y H } 3 r<:�?f'�. i)� � PAY TO ( � ' �r I $ / S lN O C ORDER OF ;;r� :. 1 V �� it � �� C•� DOLLARS L! o.�w.w V" '���� � . `:� � „.e�;,...: :,.:.'�. . �p ��r� �.. :, ,,.�$ , � � ° � Center .:,;4::�� N�ttonel B�n�k �J('�. v. LMd�hM,MN {tJ Plpnoutly IBI 7054�! ��.��� � MEMO�'���,t(J W �""CJN:� I� .. ��� � �� � �4n� �� �� . ��,� v � �;� � _______.. ��a � � � �< < a� ���, ___ _ . _. . r.. ___ __.._..._ . .___ . `"-�C� � U i ���'�'� "' ���' ��t�_ 1 � � � v �� � � _ � �� � �--��1 L � e�1 � � �� � /� �v/��� l�� (� � � � � � ������ �� �� ��� � � � rY� . S `�._S � < � - /� ��'�U1 ��1/�" � 5 � � �� � -.r ��-�� � � � ��� � � � � � ,. �02� � �l � ��. � City of Orono 2750 Kelley Parkway 952-249-4600 Orono MN 55356 Receipt No: 3.017933 Apr 17, 2017 Randall Nord Previous Balance: .00 Permits 2017-00374 - 100 Bayside 7.500.00 Tr - Temp C.O. 101-22205 Deferred Rev-Developer Deposit Total: 7,500.00 Check Check No: 5204 7,500.00 Payor: Randall Nord Total Applied: 7,500.00 --------------- Change Tendered: .00 04/17/2017 04:28PM Christine Mattson From: RRN <rnord@milwroad.org> Sent: Wednesday,April 19, 2017 8:51 AM To: Christine Mattson Cc: 'Rick Vogelgesang' Subject: 100 Bayside Trail/#2016-00796/Signed Escrow Agmt Attachments: 100 BaysideTrl Nord EscrowAgmt 19Apr2017.pdf Christine, Attached please find a signed and scanned copy of the subject escrow agreement for my new home at 100 Bayside Trail. I have attached a 3�d page with the copy of the check I left at your office on April 17, 2017 for the balance due of $7.5K towards the$10K escrow fund. After a representative for the city signs the agreement, please send me a final copy. My builder(West Bay Homes/Rick Vogelgesang) paid the first payment of$2.5K earlier which I have reimbursed him for so when the escrow agreement is satisfied, the entire$10K should come back to me at PO Box 429, Maple Plain, MN 55359-0429 as noted on the agreement(which is my mailing address for this home in Orono—please make sure the city mailing list has this PO box listed for me and NOT the street address). I have copied my builder on this e-mail so he is aware that the escrow fund has been fully funded. I also assume he has the TCO and will sign and return it to you. Thank you, Randall Nord 763-559-0348 From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent:Tuesday, April 18, 2017 4:27 PM To: 'rnord@milwroad.org' Subject: 100 Bayside Trail / #2016-00796 Randall, Attached is a copy of the Escrow Agreement for the Temporary Certificate of Occupancy. Please sign and return. The City will hold the$10,000 until all exterior improvements(grading, patios, etc.) have been completed and vegetation established. Once an as-built survey has been submitted and approved we will refund the escrow money. The Temporary Certificate of Occupancy(TCO)document has been prepared. You or your builder need to sign TCO. Please don't hesitate to contact me if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway E Orono � MN � 55356(physical addressJ PO Box 66 � Crystal Bay ( MN � 55323-0066 (mailing addressJ '� 952.249.4620 0 8 952.249.4616 � cmattson@ci.orono.mn.us � �[ www.ci.orono.mn.us i Office Hours: Monday- Friday 8 am to 4:30 pm PLEASE NOTE: Summer Office Hours start Monday, May 22,2017 Monday-Thursday: 7:30 am to 5 pm/Friday 7:30 to 11:30 am OUR OFFICE WILL BE CLOSED: Monday, May 29,2017(Memorial DayJ 2