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Home My WebLink About2015-00165 - escrow fee CITY OF ORONO * 2 0 1 5 - 0 0 1 6 5 * ' � 2750 KELLEY PARKWAY DATE ISSUED: 02/09/2015 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$7500 ESCROW IS TIED TO BUILDING PERMIT#201400603 FOR A TEMPORARY CERTIFICATE OF OCCUPANCY APPLICANT ESCROW FEE-APPLICANT 7,500.00 ESCROW FEE-DEVELOPER 0.00 HAGEN,AL&DONNA TOTAL 7,500.00 3655 NORTH SHORE DR Payment(s) WAYZATA,MN 55391- CHECK 5028 7,500.00 OWNER HAGEN,AL&DONNA 3655 NORTH SHORE DR 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 City approvals,and the State Building Code. This permit is for only the work described and does no[grant permission for additional or related work which requires sepazate permits. All provisions of laws and ordinances governing this type of work shali 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 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 TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW AGREEMENT Orono Building Permit#2014-00603 AGREEMENT made this �'� day of �'�" � , 20�U by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and AI & Donna Hagen ("Owners"). Recitals 1. Construction of the new residence located at 3655 North Shore Drive the ("Subject Property"), legally described, see attachment Exhibit A in Orono, Hennepin County Minnesota, is the subject of building permit application number 2014-00603 has been completed. 2. Winter conditions currently prohibit completion of exterior improvements, final grading, and vegetation establishment. An as-built survey cannot be accurately conducted at this time. 3. Owners request the City issue a temporary certificate of occupancy ("TCO") to the Owners so that the Owners may occupy the new residence. 4. The City will issue a TCO only if the Owners establish an escrow to ensure completion of exterior improvements, continuation of erosion control and submittal of an as-built survey to the City. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $10,000 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 assure completion of any exterior improvements, final grading, establishment of vegetation as well as 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 work (including planning, engineering, or legal consultant review) associated with building permit #2014-00603 if compliance with the approved building permit is not accomplished. 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 issue a Stop Work Order until the Owners pay all expenses invoiced pursuant to#3. The City may draw trom 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 City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 155441 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. 7. ACCESS TO SUBJECT PROPERTY. The Owners hereby grant to the City, its agents, employees, officers and contractors, the right to enter upon the subject property for the specific purpose of inspecting and completing any exterior improvements, final grading, establishment of vegetation and the restoration of the subject property should the Owners not complete the work by the specified dates. CITY: CITY OF ORONO OWNERS: By: C.i► YI'I'Di r1�^� /�W1��I.�W — C.J� �ts: � n �a 155441 I BASIS FOR BEARINGS; � �' HENNEPIN COUNTY � COORDINATE SYSTEM (NAD 83. 1996) (VIA REAL T1ME GPS MEASUREMENTS UTIUZING COUNTY, MINNESOTA MINNESOTA DEPAR7)r1ENT oF rnaNsroRrnnoN VRS NETWORK) ONS BELOVI� Bns�s FOR aFvnnoN: MINNESOTA DEPAR7MENT OF 7RANSPORTATION BENpiMARK 'BR 7258' IN SOU7HEAST CORNER OF COUNTY ROAD 51 BRIDGE 7258 BETMIEEN CRYSTAL BAY AND NORTH AR1A OF LAKE MINNETONKA. ELEV.=947.209 (NGVD 29) �I7�� CONTOUR INIERVALa0.5 F00T V�! � '� �� fi /� LEGAL DESCRIPTIONS QUIT CLAIM DEED DOC. N0. 4847615 Lots 1 and 2, Crystal Beach, according to the duly recorded plat 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 said 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�t aFv.= tangential curve having a radius 572.96 929.9 (NGVD 29) feet (delta angle 31'39�) for a distance (0�/23/2rna) of 316.5 feet; thence tangent to said curve for a distance of 344.7 feet and there terminating. Sub ject to on easement hereby retained by �STAL BAY the County of Hennepin for utility purposes. �E MINNETONKA , ecre c�iuu eov -