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Home My WebLink About2009-00826 - escrow fee � � CITY OF ORONO PERMIT NO.: 2009-00826 � 2750 KELLEY PARKWAY , ORONO,MN 55356- DATE IssuEn: 1Ui7/2009 952 249-4600 FAX: 952 249-4616 ADDRESS : 2825 LITTLE ORCHARD WAY PIN : 09-117-23-21-0012 LEGAL DESC : LITTLE ORCHARD : LOT 006 BLOCK 001 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT APPLICANT ESCROW FEE-APPLICANT 2,000.00 SCHWARTZ,DAVID TOTAL 2,000.00 2825 LITTLE ORCHARD WAY WAYZATA,MN 55391- OWNER SCHWARTZ,DAVID 2825 LITTLE ORCHARD WAY WAYZATA,MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this pertnit 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 aze requested in conformance with[he State Building Code.This permit may be revoked at any time for due cause. / / / / Applicant Permitee Signature Date Issued By Signature Date SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. � � -�. 4 EROSION CONTROL PLAN ' ESCROW AGREEMENT AGREEMENT made this ��day of I�OJg/�'18'rt2 ,20�,by and between the CITY OF ORONO a Minnesota municipal corporation ("City")and ("Owne�'). David Schwartz ReCitals 2825 Little Orchard Way Wayzata MN 55391-8301 1. Owner has filed an erosion control plan for a buckthorn removal project located at 2825 Little Orchard Wav the"Subject Property")as more fully shown and described on Exhibit"A"attached hereto. 2. Owner requests the City to review said plans which requires City approval requiring review and approval by but not limited to the following City Staff: City Engineer,City Attomey, City Inspector and Planning Staff. 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 Owner shall deposit 52000.00 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 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 the buckthom removal project. If compliance with the approved erosion control plan is not accomplished within the allowable time period,the Ciry may bring the project into compliance by use of the securiry. 3. RIGHT OF ENTRY. The Owner hereby grants the City, its agents, employees,officers and contractors the right to enter the property to perform all work and inspections deemed appropriate by the City in conjunction with the required erosion control measures, including but not limited to constructing or completing any and all of the agreed upon improvements should the Owner's contractor not complete those improvements by the date specified herein. 4 MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in tum send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 5. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall notify the Owner of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as directed by the City, or the City shall discontinue al�review. 6. CLOSING ESCROW. Any remaining amount of the financial security deposited with the City for faithful perFormance of the plans and specifications and any related remedial work will be released after the completion and inspection of all such measures and the establishment of final stabilization,for the permitted site or common plan of development o�sale. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Ow or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right certi ' the un aid balance to the subject property pursuant to Minn.Stat.§§415.01 and 366.012. CITY: CITY OF ORO� OWNER: By: �--¢� By: �ts: C� ��'P-�/z� �ts: D�,��le , . Melanie Curtis From: Laura Baxley [laurajbaxley@msn.com] Sent: Monday, November 16, 2009 2:10 PM To: Melanie Curtis Subject: 2825 Little Orchard Way Melanie, Thank you for meeting with me today to discuss the buckthorn removal project. Buckthorn removal will take place this fall and a final shoreline restoration planting will take place next spring as weather and soil conditions permit. I received your email with the Erosion Control Plan Escrow Agreement and will forward it to the property owners. I will review appropriate erosion control BMP's and the Orono winterization requirements with the contractor. The Minnehaha Creek Watershed District Wetlands Technician, Becky Houdek informed me that they would not require an erosion control permit and will contact you. Your guidance is greatly appreciated and I look forward to working with you. La u ra Laura Baxley Anthemis 5753 Emerson Ave S Minneapolis, MN 55419 612-861-0100 612-618-0534 -c 1 � Melanie Curtis From: Becky Houdek [BHoudek@minnehahacreek.org] Sent: Monday, November 16, 2009 1:15 PM To: Melanie Curtis Cc: laurajbaxley@msn.com Subject: Buckthorn removal at 2825 Little Orchard Way Hi Melanie, I just received a call from Laura Baxley about buckthorn removal at 2825 Little Orchard Way in Orono. She asked that I shoot you an email to let you know that she checked with us.The MCWD does not regulate buckthorn removal unless it is within a recorded wetland buffer, which this does not appear to be. I recommended looking on the DNR website for information on removal/treatment methods (http://www.dnr.state.mn.us/invasives/terrestrialplants/woody/buckthorn/index.html).As always,thank you for telling applicants to check in with us! Becky Houdek District Technician Minnehaha Creek Watershed District Phone: 952-471-0590 x226 Fax: 952-471-0682 www.minnehahacreek.or� 1 • • I Y Melanie Curtis From: Melanie Curtis Sent: Monday, November 16, 2009 11:42 AM To: 'laurajbaxley@msn.com' Cc: Christine Mattson Subject: 2825 Little Orchard Way Attachments: Orono winterization letter_2009 final.doc; Escrow Agreement- Erosion Control.pdf; residential access�ory buildings.pdf; retaining walls.pdf La u ra It was a pleasure meeting with you today to discuss your buckthorn removal project at 2825 Little Orchard Way. Attached please find the site winterization letter we discussed as well as the escrow agreement form. Please have the property owner(s) sign the letter ar,d return along with a check for$2000.00. I have also included information sheets on retaining walls and accessory structures as well as a link to the City's Wetland Regulations for your reference. This property is located within the LR-1A�zoning district. Wetland Re�s Please let me know if you have any questions. Thanks, Melanie Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.46?_0 Email: mcurtisCcDci.orono.mn.us Website: www.ci.orono.mn.us 1