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Home My WebLink About2017-00054 - escrow fee � � CITY OF ORONO * 2 0 1 7 - 0 0 u� 2 7 5 0 K E L L E Y P A R K W A Y DATE ISSUED: OU19/2017 ORONO, MN 55356- (952)249-4600 FAX: (952)249-4616 ADDRESS : 3472 LYRIC AVE PIN : 17-11'7-23-43-0074 LEGAL DESC : NAVARRE HEIGHTS : LOT 018 BLOCK 005 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$2500 ESCROW IS TIED TO ZONING APPLICATION 17-3906 APPLICANT ESCROW FEE-APPLICANT 2,500.00 Joshua Markum Bldrs,Inc. TOTAL 2,500.00 7867 EASTWOOD RD Payment(s) MOLJNDS VIEW,MN 55112- CHECK 14330 2,500.00 OWPIER Joshua Markum Bldrs,Inc. 7867 EASTWOOD RD MOLINDS VIEW,MN 55112- AGREEMENT 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 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 aIl 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 BUILDING PERMIT ESCROW AGREEMENT Orono Building Permit#�7- (`b�� - �Q� uw '�n '�� AGREEMENT made this_�day of r , 20�, by and between the CITY OF ORONO, a Minnesota municipal corporation("City")and os ua ar um Builders, Inc. ("Owners"). Recitals 1. A building permit application has been filed for New Construction House located at 3472 Lyric Ave. Orono, MN 55319 the ("Subject Property"), legally described as o avarr HPights 2. Owners request the City to review this application which requires City approval and may require consultant legal and/or engineering review. 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. Contemporaneousty with the execution of this Escrow Agreement, the Owners shall deposit$2,500 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 Ciry has incurred(including planning, engineering, in excess of$500,or legal consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Owners woutd be responsible for under a building permit application. The escrow will also guarantee reimbursement to the Ciry for all out-of-pocket costs the Ciry 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 Ciry 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 building permit # �17� -O��Yif compliance with the approved building pennit is not accomplished. f�"I'7'.390�0 3. MONTHLY BILLING. As the Ciry receives consultant bills for incurred costs,the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the Ciry within 30 days of the Owners'receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall issue a Stop Work Order until the Owners pay all expenses invoiced pursuant to#3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon Ciry Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, 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. CITY: CITY OF ORONO OWNER: By: �� Joshua/Markum builders, Inc. Its: Markum J Olson � �� _ � ; � � �_ .. �l,. � � . Packet Last Updated: August 2015 Page 23 � - o ESCROW AGREEMENT AGREEMENT made this�day of 20� by and between the CITY OF ORONO,a Minnesota municipal corporation ("City")and � Zl� ("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) �t Filed a zoning application# � 7-3 `1 C�lc ❑ Filed an application for a Building/Zoning Permit# ❑ Agreed to comply with Orono City Code Section 78-1432 regarding accessory structures. ❑ Filed an Individual Sewer Treatment System (ISTS)permit application. ❑ Requested to do work within public Right-of-Way ❑ Filed a request for a Temporary Certificate of Occupancy ❑ Other ("Application")on land situated in the City and located at (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 $��("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. ■ Zonin . 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. ■ Buildinp/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 o�cial. ■ 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 performed 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. ■ Temporarv 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. Variance Application-January 2017 Page 9 _ �+� 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 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. ■ Zoninq. This section is not applicable. ■ Buildina. 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 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 those improvements by the date agreed upon. ■ Tem�oranr Certificate of Occu�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 returned to(check one): gr Owner ❑ Applicant ❑ Other Name: Joshua/Markum Builders,Inc. Street Address/PO Box: 7867 Eastwood Road City/State/ZIP: Mounds View,MN 55112 9. CERTIFIED UNPAID CHARGES. If the Application is abandoned by Owner,or if the eligible expenses incuRed 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): BY: BY: `� � � �- ,�� /� �/i� Variance Application-January 2017 Page 10