HomeMy WebLinkAbout2014-01434 - escrow fee OA., CITY OF ORONO * 2014 - 0143 4
2750 KELLEY PARKWAY DATE ISSUED: 12/15/2014
ORONO, MN 55356-
(952) 249-4600 FAX: (952) 249-4616
ADDRESS : 20 ORONO ORCHARD RD N
PIN : 35-118-23-33-0038
LEGAL DESC : ORONO OAKS
: LOT MB BLOCK 1
PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT
PROPERTY TYPE : RESIDENTIAL
CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT
NOTE: ESCROW TIED TO NEW HOME BUILDING PERMIT#2014-00199-PD CK#25024
APPLICANT ESCROW FEE-BUILDING 7,500.00
NIH HOMES TOTAL 7,500.00
6840 213TH AVENUE Payment(s)
ELK RIVER,MN 55330- CHECK 25024 7,500.00
(763)753-1750
Minnesota State License#: BUIL-BC41993 I
OWNER
NIH Homes, LLC
6840 213TH AVE
ELK RIVER, MN 55330-
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 theork described and does
not grant permission for additional or related wor which requires separate
permits. All provisions of laws and ordinances g eming this type of work
shall be compied with whether or not specified he ein.This permit will
expire and become null and void if construction authorized is not
commenced within 180 days of the date of issuange,or if construction is
suspended for a period of 180 days at any time aft r work has commenced.
The applicant is responsible for assuring all requirrd inspections are
requested in conformance with the State Building Code.This permit may be
revoked at any time for due cause.
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A icant Permitee Signat e Da a Issued By Signature Date
TEMPORARY CERTIFICATE OF OCCUPANCY
ESCROW AGREEMENT
Orono B4ilding Permit#2014.00199y
AGREEMENT made this day of ber . 20114, by and between the CITY OF
ORONO, a Minnesota unicipal corporation ("City") and NIH Homes, LLC("Owners").
Recitals
1. Constriction of the new residence located at 20 Orono Orchard Road North the
("Subject Property"), legally described as Lot 13, Block 1, Orono Oaks and that part of Lot
10, Block 1, Orono Oaks,which lies westerly of a line drawn from a point in the southerly line
of said Lot 10 a distance 98.32 feet easterly, as measured along said southerly line from the
southwest corner of said Lot 10, to a point in the northerly line of said Lot 10 a distance of
94.60 f t easterly as measured along said northerly line,from the northwest corner of said lot
10, He inepin County Minnesota, is the subject of building permit application number
2014-0b199 has been completed.
2. Winter conditions currently prohibit completion of exterior improvements, final grading,
and ve etation establishment. An as-built survey cannot be accurately conducted at this
time.
3. Owne request the City issue a temporary certificate of occupancy ("TCO") to the
Owne so that the Owners may occupy the new residence.
4. The Ci will issue a TCO only if the Owners establish an escrow to ensure completion of
exterio improvements, continuation of erosion control and submittal of an as-built survey
to the ity.
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owner, 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-packet 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 iri accordance with the Stormwater Pollution Prevention Plan and the provisions of
Orono City Code Chaper 79. The financial security may also be used by the City to eliminate any
hazardous conditions ssociated with the work and to repair any damage to public property or
infrastructure that is ca sed by the work (including planning, engineering, or legal consultant review)
associated with building permit #2014-00199 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 from the escrow account without further approval
of the Owners to reimburse the City for eligible expenses the City has incurred.
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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.
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: 944 tot.r SctvA.4T
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