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Home My WebLink About2017-00189 - escrow fee � � ( CITY OF ORONO * 2 0 1 7 - 0 0 1 s 9 * 2750 KELLEY PARKWAY DATE ISSUED: 02/28/2017 ORONO,MN 55356- (952)249-4600 FAX: (952)249-4616 ADDRESS : 3683 NORTH SHORE DR PIN : 08-117-23-34-0053 LEGAL DESC : CRYSTAL BEACH : LOT 005 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION T PE : ESCROW FEE-APPLICANT NOTE: THIS$7500 ES ROW IS PAID FOR A TEMPORARY CERTIFICATE OF OCCUPANCY PLIC T ESCROW FEE-APPLICANT 7,500.00 RESSLER,JON TOTAL 7,500.00 3683 NORTH SHORE R Payment(s) WAYZATA,MN 5539 CHECK 5111 7,500.00 OWNER RESSLER,JON 3683 NORTH SHORE R WAYZATA,MN 5539 ' AGREEMENT SWO STATEMENT The work for which this perm is issued sh8ll be performed according to the approved plans and speci tans,appliCable Ciry approvals,and the State Building Code. This pe it is for onl�r the work described and dces not grant permission for addit nal or related work which requires separate permiu. All provisions of la and ordinanCes governing this type of work shall be compied with whethe or not specified herein.This permit will expire and become null and v'd if construction suthorized is not commenced within 180 days the date of issuance,or if construction is suspended for a period of 180 ys at any time after work has commenced. The applicant is responsible f assuring all required inspections aze requested in conformance wi the State Building Code.This permit may be revoked at any time for due ca se. / / Applicant Permitee Signa e i Date Issued By Signature Date I � i I ' ESCROW AGREEMENT � —7 AGREEME made this --"�0� day of ~ , 20�{by and between the CITY OF ORONO, a Minnesota municipal co oration ("City")and J n Ressler ("Owner(s)"). RECITALS A. e undersigned is/are the Owner(s)of the Subject Property and hereby agrees to and consent to the t rrns and Conditions of this Escrow Agreement. B. ner has: (check one) ❑ Filed a�oning application# ❑' Filed ar�application for a Building/Zoning Permit# ❑' Agreed�o comply with Orono Ciry Code Section 78-1432 regarding accessory structures. ❑ Filed an Individual Sewer Treatment System (ISTS)permit application. ❑ Reques ed to do work within public Right-of-Way �' Filed a quest for a Temporary Certificate of Occupancy ❑ Other (" pplicatio ") on land situated in the City and located at 3683 North Shore Drive, Orono (t e"Subjec Property"); and C. T City is willing to review or monitor the Application only if the Owner agrees to reimburse the City fo the actual costs expended by the City on behalf of, or on account of, the Owner. NOW THERE ORE,TH� PARTIES AGREE AS FOLLOWS: 1. D P SIT R UIRED. Contemporaneously with the execution of this Escrow Agreement,the Owner sh II deposit $ 70�000.00("Escrovd') with the City necessary to secure coverage of the total costs as ociated wlith review, approval, and monitoring of the Application. Any Escrow shall be held in a sp ial escrdw account and shall be credited to the Owner. 2. P POSE dF ESCROW. ■ '� Zonina. 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 administr tive and consultant services perFormed in the processing of said review and approval. ■ B ildin / onin . The purpose of the escrow is to guarantee completion of the site plan as approved and the p ovision of the as-built survey as required by the Building o�cial. ■ cesso Structure. The purpose of the Escrow is to guarantee reimbursement to the City for ' xpenditures including but not limited to staff time, at the rates established by the City '� dministr tor, engineering and legal consultant expenses incurred by the City in removing an ccesso building if the Owner fails to perForm the obligations in Orono City Code Section 78-1432 nd all ot r City staff administrative and consultant services performed in removing the accessory ' uilding, i cluding land stabilization. ■ STS. Th{� purpose of the Escrow is to guarantee reimbursement to the City for expenditures ncluding qut not be limited to staff time, at the rates established by the City Council, in excess of hat cove�ed by the standard application fees, engineering consultant and legal consultant xpenses incurred by the City if Owner for any reason is unable or unwilling to honor the uirememts of Chapter 58 of the Orono City Code, and all other city staff administrative and onsultant',services performed in relating to the Application. The City may also reimburse itself for II engine nng and legal expenses associated with the construction, removal, alteration, or repair f the IST� if the Owner fails to do so. ■ em ora i�Certificate of Occu�ancv. The purpose of the Escrow is to guarantee completion of xterior imjprovements (driveway, grass, etc.) that cannot be accomplished due to weather nditions.' 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 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. ■ 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 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. ■ Temporarv Certificate of Occuaancv. 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): aL Owner ❑ Applicant ❑ Other Name: Jon Ressl�r Street Address/PO Box: 3683 North Shore Drive City/State/ZIP: Arono� MN 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):,., t � BY: BY: � ��v►e � � January 2017 2