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HomeMy WebLinkAbout2014-00218 - escrow fee „ , CITY OF ORONO * 2 0 1 4 - 0 0 2 1 B * 2750 KELLEY PARKWAY DATE ISSUED: 03/18/2014 ORONO, MN 55356- (952 249-4600 FAX: (952) 249-4616 ADDRESS : 3655 NORTH SHORE DR PIN : 08-117-23-34-0050 LEGAL DESC : CRYSTAL BEACH : 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 PERMIT APPLICATINO#14-3660 -PD CHECK#5007 APPLICANT ESCROW FEE-APPLICANT 2,500.00 ESCROW FEE-DEVELOPER 0.00 HAGEN,AL&DONNA TOTAL 2,500.00 3655 NORTH SHORE DR WAYZATA, MN 55391- Payment(s) CHECK 5007 2,500.00 OWNER HAGEN,AL& DONNA 3655 NORTH SHORE DR 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 sepazate 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 the State Building Code.This permit may be revoked at any time for due cause. / / Applicant Permitee Signature Date Issued By Signature Date , � LAND USE APPLI TION ESCROW AGREEMENT Application#�_- ��.P�f� AGREEMENT made this �� day of ��j'�� ,. 20 d � , by d befinreen the CITY OF ORONO, a Minnesota municipal corporation ("City") and �� �l�1 [a corporation-optionaQ ("Owners"). Recitals 1. Owners have filed Zoning Application# I � - ��A(PD formally requesting the City to review plans for a C��i located at the property addressed: S5 9�-4�-d� (the"Subject Property")legally described as ��- 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCRO F ND�. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit$ ��, 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 (including planning, engineering, or legal consultant review)or will incur in meeting with th wners, viewing the plans, and preparing agenda packet material for City Council review of application #� - �. Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 3. MONTHLY BILLING. As the City 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 City 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 cease all reviews 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 the review has been 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 inn. Stat. §§415.01 and 366.012. CITY: CITY OF ORONO �!,/!,/�A•�� /��(t�NERS: gy. gy;G�` �ts: 4���l.!/�J its: 6 vv�v�.�r _._ _ In�emal Use Onlyw. , b�O�iginal'��o F�,a'4'�n e Departmen �,,; �" ''�. ;�oP .���..�.�9-�� s�o.P,Y�.o..��....�._:��.e Packet Lasf Updated: January 2014 Page 1 D of 27 BUILDING PERMIT ESCROW AGREEMENT Orono Building Permit#2014-00603 Land Use#14-3660 AGREEMENT made this�day of , 20�=1, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City")AI&Donna agen ("Owners"). Recitals 1. A building permit application has been filed for a new principal structure located at 3655 No�th Shore Drive the("Subject Property"), legally described on Exhibit A, attached.. 2. Owners request the City to review this application. 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 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 City 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 would be responsible for under a building permit application. The escrow will also 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 wo�ic(including planning, engineering, or legal consultant review)associated with building permit#2014-00603 and land use application #14-3660 if compliance w�h the approved building permit is not accomplished. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in tum send a bill to the Owners. Owners shall be responsible for payment to the City 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 ouUined in#3 above, shall issue a Stop Woric Order urrtil the Oumers pay all expenses invoiced pursuarrt to #3. The City may draw from the escrow acxourrt 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, shaN 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 retum the funds. Owner may also request the release of the funds, and such funds shall be released upon City 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 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. CITY: CITY OF ORONO OWNER: e„� ` �`�'� �ts: �I?.�Gti�J .�� �C , �' ' ��-�� � �O • � H 4 I�E D R I V E BASIS FOR BEARINGS: HENNEPIN COUNTY COORDINATE SY57EM (NAD 83, 1996) (VIA REAL T1ME GPS MEASUREMENTS UTILIZING COUNTY, MINNESOTA MINNESOTA DEPARTMENT OF 7RAN�ORTATION VRS NETWORK) ONS BELOVI� eas�s FOR �vnnoN: MINNESOTA DEPARTMENT OF TRANSPORTATION BENCHMARK 'BR 7258' IN SWTHEAST CORNER OF COUN7Y ROAD 51 BRIDGE 7258 BEIWEEN CRYSTAL BAY AND NORTH ARM OF I.AKE ��; I�INNET�IKA. ELEV.=947.209 (NGVD 29) CONTOUR INTERVAL=0.5 F00T � '� _ ex� � fi /� LEGAL DESCRIPTIONS QUIT CLAIM DEED DOC. N0. 4847615 Lots 1 and 2, Crystai Beach, according to the duly recorded piat , : IDE OF 3655 NORTH SHORE DRIVE QUIT CLAIM DEED DOC. N0. 4948015 All that part of abandoned County State Aid Highway No. 51 (shown as County Road in the plat of "Crystal Beach"), which lies between the northwesterly extensions of the northeasterly line of Lot 1 and southwesterly line Lot 2, "Crystal Beach" except that part of soid Highway lying northwesterly of a line drawn parallel with and distant 50 feet southeasterly of the present centerline of C.S.A.H. No. 51, described as follows: Commencing at the intersection of the centerline of said County State Aid Highway No. 51 and the South line of Section 8, Township 117, Range 23 (said point also being the intersection with the centerline of C.S.A.H. No. 19); thence run northeasterly at an angle of 107'54' with the northsouth centerline of said C.S.A.H. No. 19 for a distance of 111.4 feet; thence deflect left along a wn�tt �v= tangential curve having a radius 572.96 s2s.s (N�w zs) feet (delta angle 31'39�) for a distance (07/23/2013) of 316.5 feet; thence tangent to said curve for a distance of 344.7 feet and there terminating. Subject to an easement hereby retained by �STAL BAY the County of Hennepin for utility purposes. �E MINNETONKA ec�e ci i►���eov _