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HomeMy WebLinkAbout2017-00459 - escrow fee , , CITY OF ORONO * 2 0 1 7 - fD 0 4 5 9 * 2750 KELLEY PARKWAY DATE ISSUED: 05/OS/2017 ORONO,MN 55356- 952)249-4600 FAX: (952)249-4616 ADDRESS : 2807 CASCO POINT RD PIN : 20-117-23-32-0014 LEGAL DESC : SPRING PARK : LOT 123 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$700 ESCROW IS TIED TO ZONING PERMIT#17-3939 PAID BY JOHN BAILEY APPLICANT ESCROW FEE-APPLICANT 700.00 BAILEY,JOHN&PATRICIA TOTAL 700.00 Payment(s) 2807 CASCO POINT RD. CHECK 17231 700.00 WAYZATA,MN 55391- OWNER BAILEY,JOHN&PATRICIA 2807 CASCO POINT RD. WAYZATA,MN 55391- 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 dces not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances goveming 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 r!s' AGREEMENT made this � da of , 20�by and between the CITY OF ORONO,a Minnesota municipal corporation("City')and ' a. ; � ("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# 1 `j - 3 4 3 Q ❑ Filed an application for a Building2oning Permit# ❑ Agreed to comply with Orono City Code Section 78-1432 regarding acoessory structures. ❑ Filed an Individual Sewer Treatment System (ISTS)permit application. ❑ Requested to do work wi�in public Right-of-Way ❑ Fi�ed a request for a Temporary Certficate of Occupancy ❑ Other ("Application")on land situated in the City and located at 0 y (the"Subject Propert�');and C. The City is willing to review or monitor the Application only if the Owner agrees to reimburse the City for the actual costs expended by the City on behalf of, or on account of,the Owner. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT RE UIRED. Contemporaneously with the execution of this Escnow Agreement,the Owner shall deposit $ �" ("Escxov�') with the City neoessary to secure coverage of the total costs associated with review, approval, and monitoring of the Application. My Escxow shall be held in a special escxow account and shall be credited to the Owner. 2. PURPOSE OF ESCROW. • Zonina. The purpose of the Escrow 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 standard application fees, engineering oonsultant and legal consultant expenses incurred by the City in reviewing and approving the Application and all other city staff administrative and consultant services perforrned in the processing of said review and approval. ■ Buildina2onina. 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. ■ Accessorv Structure. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures induding but not limited to staff time, at the rates established by the City Administrator, engineering and legat consultant expenses incurred by the City in removing an accessory building if the Owner fails to perform the obligations in Orono City Code Section 78-1432 and all other City staff administrative and consuttant services pertormed in removing the accessory building, including land stabilization. ■ ISTS. The purpose of the Escrow 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 standard application fees, engineering consultant and legal consultant 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 aty staff administrative and consultant services perFoRned 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. ■ Temoorarv Certificate of Occunancv. The purpose of the Escrow is to guarantee completion of exterior improvements (driveway, grass, etc.) that cannot be accomplished due to weather oonditions. January 2017 1 . ' 3. MONTHLY BILLING. The City will 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 incurred 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 the rules, regulations,and fees as promulgated and adopted by the City Council. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event the Owner does not make payment the City as required under paragraph 3,the City may draw from the Escrow witt�out 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 nature of the expense for which the reimbursement is being made. 5. REIMBURSEMENT OF ESCROW. The Owner shall reimburse the Escxow fund for any defiats caused if the amount actually expended by,or billed to,U�e City exceeds the escrow fund balance. 6. RIGHT OF ENTRY. ■ Zonina. This section is not applicable. ■ Buildin . This section is not applicable. ■ Acxessorv Structure. The Owner hereby grants the City, its ageMs, employees, officers and contractors the right to enter the property to remove the accessory buitding(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 perform all work and inspections deemed appropriate by the City in conjunction with replacement of the septic system, induding but not limited to constructing or completing any and all of the agreed upon improvements should the Owner not complete those improvements by the date agreed upon. • Temoorarv Certificate of Oocu�ancv. 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): �,Owner ❑ Applica Othe� Name: o ' `s Street Address/PO Box: O �o City/State/ZIP: •e 3 4 I 9. CERTIFIED UNPAID CHARGES. If the Application is abandoned by Ovmer,or if the eligible expenses incurred by the City exoeed the amount in Escxow, the City shall have the right to certify the unpaid balance to the Subject Property pursuant to Minn. Stat.,§§415.01 and 366.012. IN WITNESS YVHEREOF,the undersigned have executed this Agreement as of the day and y�ear first above written. CITY OF ORONO: OWNER(s): � BY: BY: � '�'�l• � January 2017 2