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HomeMy WebLinkAbout2017-00765 - escrow fee � � CITY OF ORONO * 2 pJ 1 7 - 0 0 7 6 5 * 2750 KELLEY PARKWAY DATE ISSUED: 07/06/2017 ORONO, MN 55356- (952)249-4600 FAX: (952)249-4616 ADDRESS : 2635 KELLEY PKWY PIN : 33-118-23-12-0009 LEGAL DESC : STONEBAY : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$2500 ESCROW IS TIED TO ZONING APPLICATIONS 17-3956, 17-3957,AND 17-3958 PAID BY APEX HOLDINGS CHECK# 10143 APPLICANT ESCROW FEE-APPLICANT 2,500.00 Apex Holdings LLC TOTAL 2,500.00 Payment(s) MANGALICK,SANJEEV CHECK 10143 2,500.00 2100 LYNDALE AVE S SUITE C MINNEAPOLIS,MN 55405- OWNER Apex Holdings LLC MANGALICK, SANJEEV 2100 LYNDALE AVE S SUITE C MINNEAPOLIS,MN 55405- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed acwrding 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 governing this type of work shall be compied with whether or not specified herein.This pertnit 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 I SO 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 perrr►it may be revoked at any time for due cause. / / Applicant Permitee Signature Date Issued By Signature Date ESCROW AGREEMENT AGREEMENT made this,�day f , Of,�by and between the CITY OF ORONO,e Minnesota municipal corporation ("City")and L�-�, ("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. S. Owner has: (check one) o Filed a zoning appllcatlon#/7- S���`j��� n Fifed an application for a QuildingiZoning ermft#7� a Agreed to comply with Orono City Code Section 78-1432 regarding acaessory structures. ❑ �ilsd an Individual Sewer Treatment System(ISTS)permit appllcation. o Requested ko do work within public Right-of-Way o Filed a request for a Temporary Certificate of Occupancy � Other ("Appiication")on land situafed in the City and located at (the"Subject Property");and C. 7he Cfty 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, ar on account of,the Owner. NOW THEREFORE,THE PARTIES AGREE AS FOLLOW3: 9. QEP031T REQUIRED. Contemporaneously with the execution of this Escrow Agreement,the Owner shall deposit $_ 2SQ�, w("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 heid in a special escraw 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 tlme, at the rates established by the Cfty Council, in excess of that covered by the sfandard application fees, engineering consu(tant and legal consultant expenses incur�ed by the City in reviewing and approving the ,4ppiication and all other city staff administrative and consultant services perFarmed in tt►e processing of said review and approval. ■ 8uitdint�/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. ■ Accessonr Structure. The purpose of the Escrow is to guarantee reimburseme�to the City for expenditures including but not iimited to staff time, at the rates established by the City Adminlstrator, engineering and Isgal consultant expenses incuned by the City in removing an accessory building if the Ow�ner fails to perfam the obligations in Orono City Code Section 78-1432 and all other City staff administrative and consu�tant 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 inclucfing bu#not be limlted to staff time,at the rates established by the City Council, in excess of that covered by the skandard 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, ar►d aN other city staff administrative and consultant services perFormed in relating to the Application. The City may also reimburse itself for all eng�neering and legal expenses associated with the construction, removal, alteration, or repair � of the ISTS if the Owner fails to do so. � i'emaoran+ Ceriificate ot Occursancv The purpose of the Escrow is to guarantee completion of exterlor improvements (driveway, grass, etc.j that cannot be accomplished due to weather cond3tions. Subdlvision Appllcation-January 2017 Page 14 , � • 3. MONTHLY BIL.LING. The City will monthly forward to the Owner a statement and bill for the expenditures incurred by the City for staff and cansultant services. Such statements shali be . due and payable within 15 days for receipt by the Owner. No staternent will be sent if there are no expenses incurred in the period since the most recent statement. 'The City shall itemize al!time,services,and materials billed to any Owner and said time,5@NICES,and mate�ials shall be in accordance with the rules,reguEations,and fees as promulgated and adopted by the City CounciL 4. DISBURSEMEN7 FROM ESCROW ACC�UNT. In tt�e event the Owner does not make paymeht 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. RElMBURSEMENI'�F ESCR�W. 7he�wner shali reimburse the Escrow fund for any deficits caused if the amount actually expended by, or bilied to, the City exceeds the escraw fund balance. 8. RIGHT OF ENTRY. ■ Zonina. This section is not applicable. . ■ Buildina. This section is not applicable. • Accessory Struct��@. The �wner 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 Cade Section 78-1432. • ISTS, The Owner hereby grants the City, its agents, ernpioyees, officers and contractors the right to enter the property to perform all work and inspections deemed app�opriate by the City 9n conjunction with replacement of the septic system, including but not limited #o constructing or completing any and all of the agreed upon improvements should the Owner not complete those improvements by the date agreed upon. • 7emporarv Certificate of Occuoancy� This sectlon is not appficable. � 7. NO INTEREST PAID. All accrued interest, if any, shall be paid to the City to reimburse the City for its crost in administering the Escrow account. 8. Ci. SING ESCROW. When the review has been completed or the project has been co�►pleted,the balance of the Escrow,if any,shall be retumed to{check one): �Owner � Applica t Qthe� Name: Street Address/PO Bax: G, City!State/ZIP: �" 8. CERTIFIED UNPA10 CHARGES. If the Application is abandoned by�wner, or if the eligible expenses Incurred by tt�e City exceed the amount in Escrow, the City shaH 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 o�the day and year first above written. CITY OF ORONO: OWNER(s): BY: \�� SY: "¢c'`r / C �'�' �' � �-�� oG�ii+�/�S Subdivisron AppP+cation-January 2D17 Paqe 11