Loading...
HomeMy WebLinkAbout2014-00368 - escrow fee MHEMEHIMM CITY OF ORONO * 2014 - 00368 * 2750 KELLEY PARKWAY DATE ISSUED: 04/25/2014 ORONO,MN 55356- (952)249-4600 FAX: 952 249-4616 ADDRESS 3590 NORTHERN AVE PIN : 17-117-23-43-0138 LEGAL DESC WILEYS PARK LAKE MTKA LOT 008 BLOCK 002 PERMIT TYPE ESCROW FEE-APPLICANT PROPERTY TYPE RESIDENTIAL CONSTRUCTION TYPE ESCROW FEE-APPLICANT NOTE: THIS$7500 ESCROW IS TIED TO BUILDING PERMIT 2013-00431-FOR A TEMPORARY CERTIFICATE OF OCCUPANCY APPLICANT ESCROW FEE-APPLICANT 7,500.00 ESCROW FEE-DEVELOPER 0.00 MAENNER,BRADLEY&AMANDA 2130 TAMARACK TOTAL 7,500.00 LONG LAKE,MN 55356- Payment(s) CHECK 1246 7,500.00 OWNER MAENNER,BRADLEY&AMANDA 2130 TAMARACK LONG LAKE,MN 55356- 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 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 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 are requested in conformance with the State Building Code.This permit may be revoked at any time for due cause. Applicant Pennitee Signature Date Issued By Signature Date TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW AGREEMENT Orono Building Permit#2013-00431 AGREEMENT made this A5 day of rc 1 20/�, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") bind Bradley Maenner("Owners"). Recitals 1. Construction of the new residence located at 3590 Northern Avenue the ("Subject Property"), legally described on Exhibit A, is the subject of building permit application number 2013-00431 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 #2013-00431 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 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 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 the review has been completed and written notification is received from the Owners requesting the funds. 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. 155441 r � 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 OWN S: lts:�ft ��1x, ..- - • �;, � � ain�lta,Finahc���oaitmiest �� .;- �z:�;,... `#ctf€ i' 155441 TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW AGREEMENT Orono Building Permit#2013-00431 EXHIBIT A-LEGAL DESCRIPTION Boundory Desmtion (supplied by client) That part of Lot Eight (8), 81ock Two (2), "Kniley's Park", Lake Minnetonka lying Southwesterly of a line drown at right angles from a point on the Southeasterly line thereof distant one hundred fifty (150) feet Northeasterly, along said Southeasterly line from the Southeasterly corner of sold lot and lying Southeasterly of a line drawn thru the center of sold lot in a Southwesterly direction from a point in the Northeasterly line thereof (being the Southwesterly line of County Road) distant fifty (50) feet Southeasterly, along sold line, from the most Northerly corner of sold lot, to o point in the West line thereof distant thirty (30) feet North, along said line, from the most Southwesterly corner of said lot, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for sold county of Hennepin and State of Minnesota; according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County of Hennepin and State of Minnesota. 155441