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HomeMy WebLinkAbout2017-00530 - escrow fee CITY OF ORONO * 2 0 1 7 — 0 0 5 3 0 * 2750 KELLEY PARKWAY DATE ISSUED: 05/19/2017 . ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 1885 CONCORDIA ST PIN : 17-117-23-23-0002 ����� �` �' LEGAL DESC : COFFEES ADDN TO SHADY WOOD LAK : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-T[ED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: ESCROW FOR TEMP CERTIFICATE OF OCCUPANCY-PERMIT#2016-00486-PAID BY OWNER:CAROLYN&BERNARD KAISER-PA[D CK#4425-$7,500.00 APPLICANT ESCROW FEE-BUILDING 7,500.00 TOTAL 7,500.00 KAISER,BERNARD&CAROLYN Payment(s) 2855 PROVIDENCE PLACE CHECK 4425 7,500.00 INDEPENDENCE,MN 55359- OWNER KAISER,BERNARD&CAROLYN 2855 PROVIDENCE PLACE INDEPENDENCE, MN 55359- AGREEME1vT AND SWORIv 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. /�� i �� G�'�Gc�—� � S `1 /� Ci�--e/J f��-e�e.�`�� `� f 9i / I Applicant Permite �gnat e D te [ssued By Signature Date �, �� ; � ; e.�,.„w,:i ` � ,. . � J��--��t -F`� � ESCROW AGREEMENT AGREEMENT made this�day of � , 20�?by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Bernard & Ca lyn Kaiser("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 Permit#2016-00486 ❑ Agreed to comply with Orono City Code Section 78-1432 regarding accessory structures. ❑ Filed an Individual Sewe�Treatment System (ISTS) permit application. ❑ Requested to do work within public Right-of-Way �Filed a request for a Temporary Certificate of Occupancy o Other ("Application") on land situated in the City and located at 1885 Concordia Street (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 actual costs expended by the City on behalf of, or on account of, the Owner. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT REQUIRED. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit $10,000 ("Escrow") 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. ■ Zoninq. 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 in reviewing and approving the Application and all other city staff administrative and consultant services performed in the processing of said review and approval. ■ Building/Zoninq. 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 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 Orono City Code Section 78-1432 and all other City staff administrative and consultant 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 city staff administrative and consultant services performed 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. ■ Temporary Certificate of Occupancv. 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 S�fiY�e-I -Fi 1�., 3. MONTHLY BILLING. The City will monthiy 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 without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall periodicatly 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 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. ■ Zonin . 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 perform all work and inspections deemed approp�iate 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 those improvements by the date agreed upon. ■ Temporary Certificate of Occupancv. 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 nce of the Escrow, if any, shall be returned to (check one): Owner ❑ Applicar�, ❑ Other . a e: I t�� ��✓���1 Gt �• Street Address!PO Box: City/State/ZIP: 9. CERTIFIED UNPAID CHARGES. If the Application is abandoned by Owner, 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. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. CITY OF ORONO: OWNER(s): 9 /��� ,/,�� � BY: ��1���'i"" C�""" BY: ���� �� January 2017 2 CAROLYN B KAISER BERNARD D KAISER „-ysio 2855 PROVIDgNCE PL, 4 4 2 5 MAPLE PLAIN,M1V 55359-8612 � � , date E a �,. O< � �� �� P Y t o e�. � ��w'. U v s � I"' S u or��a�e.�� mban�C. ��o, � ea�M�9 yo� ; ; � ' City of �r0�0 4600 2�50 Ke11eY ParkwaY 952-249" Orono MN 55356 Receipt N°� 3.018272 MaY 19, 2017 Carolyn Ka�Ser and tonin9 �,500.00 plann 00530 1885 Concordia 2011- St 101-22205 BveloPer �eP�sit_---___--- pe{erred Rev-D __- � �,500.00 Total: _..-===--_ �,500.00 Check No. �425 Check PaY�r� 7,500.00 Carolyn K�iser _ ___ _ 'fotal APP�ied: -- '" .00 Chan9e Te�dered• =___=-==__= Christine Mattson From: Christine Mattson Sent: Thursday, May 04, 2017 9:19 AM To: 'rjpetersen6@gmail.com' Cc: Melanie Curtis Subject: 1885 Concordia Street/#2016-00486 Attachments: draft temp cert of occupncy.pdf; DRAFT TCO Escrow Agreement 2016-00486.pdf Good Morning Rob, Attached is a draft Temporary Certificate of Occupancy(TCO) form and an Escrow Agreement. Please note, the City currently holds $2,500 in conjunction with the building permit application, an additional $7,500 would be required when a TCO is issued, for a total of$10,000. Please don't hesitate to contact us if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway � Orono 0 MN � 55356(physical addressJ PO Box 66 ( Crystal Bay � MN I 55323-0066(mailing addressJ '� 952.249.4620 ( 8 952.249.4616 �cmattson@ci.orono.mn.us � � www.ci.orono.mn.us 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 Day) From: Robert Petersen [mailto:ripetersen6@�mail.com] Sent:Wednesday, May 03, 2017 11:09 AM To: Melanie Curtis<MCurtis@ci.orono.mn.us> Subject:escrow for landscaping Hi Melanie, It looks like we'll have to send in a$10,000 escrow in order to get a temporary Cert of Occupancy for 1885 Concordia Street Orono. The client would like to submit this cost to the title company. Would it be possible for you to email and invoice to me for this so I can turn that in with my draw request to the Title company? Thanks! Rob Robert J Petersen President- Robert Craig Homes, Inc. 612-490-1226 (cell) 952-470-0207 (fax) i ESCROW AGREEMENT AGREEMENT made this day of , 20_, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City")and Bernard &Carolyn Kaiser("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 Permit#2016-00486 : !� #_ ❑ Agreed to comply with Orono City Code Section 78-1432 r `' accessory structures. ❑ Filed an Individual Sewer Treatment System (ISTS) perrr�'�� pp �� ❑ Requested to do work withm public Right-of Way =i��� � g ■ Filed a request for a Temporary Certificate of Occu �,cy � ❑ Other ,� ��_•. . �������, ("Application") on land situated in the City and;���i ated at 1885 Concor �i eet (the "Subject Property„�, and ;#����� , � ��� ��� �� s �3 � E g ��E C. The City is willing to review or monitor the Applica �� nly if t��t�q�wner agrees to r��nburse the City for the actual costs expended by the City on behalf o , � � p�i�coun�of, the Owner.`� � � NOW THEREFORE,THE PARTIES AGREE/� OLLOWS: � �t� 4= ` � �`_�• 1. DEPOSIT REQUIRED. Contempor ly with the executid��ti�Ethis Escrow Agreement, the Owner shall deposit $10,000 ("Escrow") w ,#� �t necessary to �� �€re�coverage of the total costs associated with review, approval, and i'�o ��i � the Applicati ���'Any Escrow shall be held in a special escrow account and shall be cret��ted to �,E 2. PURPOSE OF ES ����` ��@���� � ���� ������ ■ Zonin . Th : ` the Escrow is� uarantee - �mbursement to the Cit for ex enditures � � � 9 Y P including �not be li ` to staff time, �the rates established by the City Council, in excess of that c�t�� by the E� dard applicatio�� fees, engineering consultant and legal consultant expen'ses i d by t, �City in reviewing��l�d`approving the Application and all other city staff administrative on ices perfq�irhed in the processing of said review and approvaL ■ � /Zonin . � rp ���t$���is to guarantee completion of the site plan as approved ���� 'sion o � s-built surv`���'s required by the Building official. ��� Access cture. � ,purpose of the Escrow is to guarantee reimbursement to the City for expenditur ,� �uding 6 '� ot �limited to staff time, at the rates established by the City ,�������� Administrator;�� 'neering`�����egal consultant expenses incurred by the City in removing an ����� accessory buildi the OwEr��r fails to perform the obligations in Orono City Code Section 78-1432 r��� d all other City admirnstrative and consultant services performed in removing the accessory �� �ng, including, 'd stabilization. ■ I � The purpo'3 ` of the Escrow is to guarantee reimbursement to the City for expenditures inclu � ut no � limited to staff time, at the rates established by the City Council, in excess of that c `°"� the standard application fees, engineering consultant and legal consultant expenses ; rred by the City if Owner for any reason is unable or unwilling to honor the requirem� s of Chapter 58 of the Orono City Code, and all other city staff administrative and consultant services performed 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. ■ Temporary Certificate of Occupancv. 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 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 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 nature � the expense for which the reimbursement is being made. ' ������'��°�����, 5. REIMBURSEMENT OF ESCROW. The Owner shall reimburse t�� row fund for any deficits caused if the amount actually expended by, or billed to, the City exc tFi ��' ow fund balance. ���� ��� � 6. RIGHT OF ENTRY. ��_ � � � t ■ Zonin4. This section is not applicable. �J������� � ���# ■ Buildin . This section is not applicable. ���{ � � �'����� � ■ Accessorv Structure. The Owner hereby 9 nts the Ci�r, its agents, em� s, Pfficers and contractors the right to enter the propert�t��� ' pve the � essory building(s �i��d the Owner not complete the removal obligations in Orono ode " n 78-1432. � ■ ISTS. The Owner hereby grants the City, its age ��byees; officers and cdntractors the right to enter the property to perform all work and ins � ns deemed appropriate by the City in conjunction with replacement� the septic system, i �ng but not limited to constructing or completing any and all of the a+� � ,upon improvemen uld the Owner not complete those improvements by the date agree € � �� °� ` p ��� ■ Temporary Certificate of Occupan�����, ����n is not appli� ��. 3 §E'i€ �..: :E_. 7. NO INTEREST PAID. All accrued intere���,if ar�y�f�ha��l�� ��}€tb�the City to reimburse the City for its cost in administeri�g��� � crow account. �§�� ��r� i ��'` z��,[� �� ; �� �� 8. CLOSING E � OW. e review has ��en completed or the project has been completed, the balance of�1 row, if an hall be retume ,to(check one): ❑ Owner ' ������ ��� Appli i�t ❑ �#��- Name: � � �� ��€ s�=� `r ` Stre �� ���e�ss/PO ��� � ���s�.� � � � : ��� ��������� ��� �. =�n � # �����<< �� ���:. x} �� y ��`� ' � �` �E " � CERTIFIED UI� CHAR ��If�e Application is abandoned by Owner, or if the eligible expenses a���� ��' curred by the Cit�� ceed th � �unt in Escrow, the City shall have the right to certify the unpaid � nce to the Subj roperty rsuant to Minn. Stat. §§415.01 and 366.012. � ���� �� �� IN WITNESS OF, the unde3 ` ned have executed this Agreement as of the day and year first above written. . ����� ° �� �� CITY OF ORONO. ����[ � „��r��� OWNER(S): ��I����� �� BY: BY: January 2017 2 . . City of Orono CERTIFICATE OF OCCUPANCY ��� � TEMPORARY CERTIFICATE � � D� � Building Address: 1885 CONCORDIA ST PIN: 17-117-23-23-0002 Legal Description: Coffees Addn To Shady Wood Lak Block 000 Lot 000 Zoning District: Permit No: 2016-00486 Work Activity: Single Family Construction Type: 2015 MN Residential Building Code Occupancy: IRG 1 Occupant Load: Fire Sprinkler: N Applicant: Robert Craig Homes Inc. Applicant Address: 464 2nd St. #101 City, State,Zip: Excelsior, MN 55331 Owner Name: Bernard &Carolyn Kaiser Owner Address: 2855 Providence Place City, State,Zip: Independence, MN 55359- THE FOLLOWING ARE NOTED AS INCOMPLETE OR MISSING. THESE MUST BE CORRECTED OR COMPLETED AND REINSPECTED WITHIN THE SPECIFIED NUMBER OF DAYS OR THIS CERTIFICATE WILL BE VOID Failure to correct these deficiences will cause occupancy violation citations to be issued To be completed by 9/l/2017 As-built survey to be submitted and approved showing: -All exterior improvements completed(driveway,etc.)and shown on as-built survey -Final grading completed and shown on as-built survey Erosion control to remain in place until sod/vegetation is established 1 hereby agree to make the ove corrections and to call for reinspection with t/ze time allowed: Owner/C n Date � � � � o � ui mg ic�a Date