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HomeMy WebLinkAbout2003 03 24 Regular D Nguyen Development Agreement 032403 Commission Meeting Regular "D" Nguyen Development Agreement COMMISSION AGENDA ITEM D Consent Informational Public Hearing Regular X March 24, 2003 Meeting Mgr. P-; Dept. Authorization REQUEST: The City Manager requesting the Commission to take the March 10, 2003 Agenda Item "E" from the table to approve the revised Development Agreement as amended. PURPOSE: The purpose of this Agenda Item is to finalize a development agreement with Chanh Nguyen to make repairs to a borrow pit located north of Winter Springs High School as amended. CONSIDERATIONS: On March 10, 2003 the Commission was presented with a revised Development Agreement for approval incorporating a number of desired changes. The Agenda Item was tabled at the request of Mr. Nguyen's attorney. However, two issues were raised during public comment as follows: 1. The need for a routing slip. This suggestion has been incorporated into the attached revised agreement. 2. The need for certification of inspectors. In discussion with D.E.P. we were advised that inspections are not required for this class fill material. Additionally, they advised that their staff would be available to city staff if they should need any assistance. Additionally, we spoke with the 8t. John's River Water Management District who has had numerous projects involving Mr. Mead. They advised that Mr. Mead has been no more 032403 Commission Meeting Regular "0" Nguyen Development Agreement Page 2 Of2 problematic than other contractors involved in fill operations and that he has cleared up all violations brought to his attention by the District. FUNDING: Not Applicable. RECOMMENDATIONS: It is recommended that the Commission approve the attached Development Agreement ATTACHMENTS: a) Revised Development Agreement. b) March 10,2003 Agenda Item "E" (without attachments). COMMISSION ACTION: ATTACHMENT (A) DEVELOPMENT AGREEMENT DRAFT 03-19-03 Prepared by and return to: Anthony A. Garganese, Esquire Brown, Ward, Salzman & Weiss, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (herein referred to as the "Agreement"), made and executed this _ day of ,2003, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHANH Q. NGUYEN and NGAN M. NGUYEN, husband and wife (hereinafter referred to as "Owner"), whose address is 4409 Steed Terrace, Winter Park, Florida 32792. WITNESSETH: WHEREAS, Owner owns certain real property located within the City of Winter Springs, Florida, as legally described herein; and WHEREAS, a borrow pit currently exists on that property; and WHEREAS, Owner desires to engage in landfill operations to fill the borrow pit; and WHEREAS, the fill shall only be inorganic "clean debris" as approved by the Florida Department of Environmental Protection and the City; and WHEREAS, Owner desires to perform the landfill activities on the Property in a safe and healthy manner, and in a manner that does not create a public nuisance, so that the Property may be developable in the future; and WHEREAS, the Owner and City desire to execute this Agreement to effectuate the filling of the borrow pit under the terms and conditions agreed to hereunder; and WHEREAS, providing Owner abides by all the terms and conditions set forth hereunder, the City Commission of the City of Winter Springs finds that this Agreement is consistent with the City's Comprehensive Plan as well as the City Code of Ordinances and is a legislative act of the City Commission of the City of Winter Springs. NOW, THEREFORE, in consideration ofthe mutual covenants and mutual benefits herein contained, the parties agree as follows: Page 1 of 11 DRAFT 03-19-03 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Agreement. 2.0 Intent and Purpose. The intent and purpose of this Agreement is to permit Owner and their authorized designees to fill the borrow pit located on the Property with inorganic material, as more particularly described in Paragraph 5.0 ofthis Agreement. 3.0 Property. The real property subject to this Agreement is legally described on Exhibit "A," which is hereby fully incorporated herein by this reference (hereinafter referred to as "Property"). 4.0 Borrow Pit. The borrow pit referred to under this Agreement is depicted on Exhibit "B," which is hereby fully incorporated herein by this reference (hereinafter referred to as "Borrow Pit"). 5.0 Permit Authorized. Upon approval of the site plan required by Paragraph 5.3 herein and the restoration plan required pursuant to Paragraph 5.4 herein, the City hereby grants Owner a permit to fill the Borrow Pit with inorganic materials subject to the following terms and conditions: 5.1 Prior to commencing and continuing the landfill operations permitted by this Agreement, Owner shall obtain and maintain in good standing any required federal, state, local and special district authorizations necessary to engage in the landfill operations. 5.2 The material used to fill the Borrow Pit shall be limited to inorganic materials, provided those materials also satisfy the definition of "clean debris" under Section 62-701.200(15), Florida Administrative Code, which at the effective date of this Agreement means: "any solid waste which is virtually inert, which is not a pollution threat to ground water or surface waters, is not a fire hazard, and is likely to retain its physical and chemical structure under expected conditions of disposal or use. The tenn includes brick, glass, ceramics, and uncontaminated concrete including embedded pipe or steel." Street sweeping material, asbestos, contaminated and remediated soil, pollutants and hazardous waste, and organics are strictly prohibited and shaH not be used to fill the Borrow Pit. 5.3 Within thirty (30) days of the effective date of this Agreement, Owner shall submit to the City for approval a site plan, drawn to scale by a duly-licensed engineer, depicting the Property, Borrow Pit, ingress and egress to the Property, parking, location of all trailers, offices, and other structures, and such other matters reasonably required by the City. The construction trailer Page 2 of 11 DRAFT 03.19.03 and/or office shall be located within the interior part of the Property to avoid being visible from Orange A venue. Approval of the site plan by the City shall be a condition precedent to the landfill operations authorized by this Agreement. 5.4 Within thirty (30) days of the effective date of this Agreement, Owner shall submit to the City for approval a restoration plan, drawn to scale by a duly- licensed engineer, depicting the proposed final status ofthe Property after the landfill operations have been completed, including grade, slopes, water retention areas, and other landscaping features of the Property deemed necessary by the City to make the Property suitable for development purposes. 5.5 At all times, the Owner shall conduct the landfill operations of the Borrow Pit in full compliance with this Agreement and all applicable federal, state, local, and special district laws, regulations, and permits. 5.6 Upon demand by the City, Owner shall remove from the Borrow Pit any material that does not comply with the terms and conditions set forth in this Paragraph 5.0. 5.7 The term ofthis agreement shall be the period of time approved by Seminole County for use of the Cross Seminole Trail, or one (1) year from the effective date of this agreement whichever shall come first. 5.8 Owner shall fully comply with the fill procedures set forth in Paragraph 6.0 and the other terms and conditions set forth in this Agreement. 5.9 Owner shall provide to the City a trip ticket for each delivery truck delivering debris to the Property. The trip ticket shall identify at a minimum the name of the trucking company, the date of the delivery, and the place of origin of the debris. 6.0 Fill Procedures. Prior to any debris being dumped, placed or located within the landfill area (pond), Owner shall contact the City for an inspection of the debris. If said debris satisfies the conditions set forth in Paragraph 5.2 of this Agreement, the City shall issue a permit authorizing the placement of the debris into the landfill area. For each inspection, Owner shall pay the City a $50.00 permit inspection fee. 6.1 Owner shall be required to temporarily locate any debris on the Property at locations suitable for the City's inspection and approved in advance by the City. Page 3 of II DRAFT 03-19-03 6.2 Owner shall establish a permit fee escrow account with the City and deposit $500 within the account prior to any landfill operations commencing on the Property. The escrow account shall remain open until the Agreement terminates. At such time the escrow account is depleted to $100.00. the Owner shall replenish the escrow account balance so that the balance equals at least $500. The City shall have the right to draw from the escrow account to pay for all permit fees or liquidated damages imposed by this Agreement. If any escrow account balance remains at the termination ofthis Agreement. said balance shall be applied to pay any other fees or liquidated damages that Owner owes the City. Any remaining fees will be returned to the Owner. 6.3 The City shall have the unconditional right to conduct random inspections on the Property. 61.0 Security Fence. In conjunction with the site plan approval process described in Paragraph 5.3, Owner shall submit a completed fence permit application to the City and install a temporary six (6) foot chainlink security fence along the entire southern boundary of the property as required by the approved site plan. The fence shall comply with applicable City Codes, shall not be constructed of barbed wire or any other material that may pose a public safety hazard, and shall be constructed of a quality and type deemed acceptable to the City. An appropriate gate(s) shall be installed for ingress and egress to the Borrow Pit. All gates shall be closed and locked at all times during which the landfill operations authorized by this Agreement are not occurring. The fence and gates shall be maintained in good order until such time as the landfill operations have been completed, the Borrow Pit has been completely filled, and the Property has been graded in accordance with Paragraph H 14.0 of this Agreement. The fence shall not be installed until the City approves the fence permit application +~.O Haul Route. All materials being brought to and from the Property by vehicle shall be transported via the Cross Seminole Trail as permitted by Seminole County with access from State Road 434 and via the "authorized delivery truck route" which is depicted on Exhibit "C." attached hereto and fully incorporated herein by this reference. Owner shall be required to provide the City with written verification that Seminole County does not object to Owner using said avenue for the landfill operations authorized herein. &2.0 Hours of Operation. In carrying out the landfill operations, Owner shall operate only during \veekdays between the hours of7:00 a.m. to 5:00 p.m., unless the City's City Manager grants a temporary exception in writing for good reasons demonstrated by OVlDer conduct storage. maintenance. and administrative activities between the hours of6:00 a.m. and 8:00 p.m. daily on the Property. However. the delivery of debris to the Property shall be strictly limited to between the hours of7:30 a.m. and 1:00 p.m.. and between 3:00 Page 4 of 11 DRAFT 03-19-03 p.m. and 5:30 p.m.. Monday through Friday. In addition, Owner shall perform the landfill operations using standard trade practices which will reduce or negate noise, excessive traffic, or any other unreasonable disruption to the neighborhood affected by Owner's operation. 910.0 Truck Requirements. Owner shall require that all trucks delivering materials to and from the Property shall abide by the following requirements: 910.1 The payload beds of all trucks shall be covered so as to eliminate debris blowing or falling off the trucks. All debris falling on the roadways or adjacent property shall be immediately picked up by the trucking company or the Owner. If the trucking company or the Owner fail to pick up the debris, Owner agrees to reimburse the City for all costs incurred by the City to clean- up the debris. The reimbursement shall be paid within fourteen (14) days of receiving a cost invoice from the City. 910.2 Notwithstanding any other posted speed limit, the speed of trucks shall not exceed twenty 20) miles per hour on the Cross Seminole Trail and the access road from State Road 434. Owner shall be required to provide all trucking companies delivering to and from the Property advance written notice of the speed limits set forth in this paragraph. A copy of said notice shall be provided to the City's City Manager on the same day said notice is sent to any trucking company. MILO Performance Bond. Owner shall provide a Twenty-Five Thousand and nollOO ($25,000.00) Dollar performance and payment bond or letter of credit to the City which shall insure that the Owner complies with all of the terms and conditions of this Agreement. Mil.l The bond or letter of credit required by this paragraph shall be issued by a surety or financial institution deemed acceptable to the City. The bond or letter of credit shall remain continuously in effect during the term of this Agreement, and any extensions thereto, and also remain in effect at least six (6) months after the termination of this Agreement. The bond or letter of credit shall be in a form acceptable to the City. All bonds or letters of credit signed by an agent must be accompanied by a certified copy of such agent's authority to act. Mil.2 If the surety or financial institution furnishing the bond or letter of credit to the City is declared bankrupt or becomes insolvent or its rights to do business Page 5 of 11 DRAFT 03-19-03 are terminated in the State of Florida, or ceases to be acceptable to the City, Owner shall within ten (10) days thereafter substitute another bond and surety or letter of credit issued by a financial institution, which must be acceptable to the City, or other types of security reasonably acceptable to the City. H.u..O Susoension and Revocation. This Agreement and the permit granted heremunder is are subject to suspension and/or termination by the City, upon written notice to Owner, at any time for the failure of Owner and Owner's agents and contractors to comply with the terms and conditions herein. Upon suspension or termination, Owner sha1l immediately cease and desist a1l landfi1l operations permitted under this Agreement. If landfi1l operations have been suspended, such operations may only resume at such time as Owner has completed appropriate remedial actions to the complete satisfaction of the City. RU.O Notice to Contractors. Owner sha1l be required to provide a1l contractors and agents with notice of the terms and conditions of this Agreement prior to any contractor and agent engaging in any work on the Property. Contractors and agents shaH be required to abide by a1l applicable terms and conditions of this Agreement. H14.0 Final Gradinl! and Inspection of Property. Upon completion of the land- fi1ling of the Borrow Pit, Owner sha1l grade and landscape the Property in accordance with the restoration plan required by Paragraph 5.4 of this Agreement. When the final grading and landscaping have been completed, Owner sha1l request in writing to the City's City Manager that the City perform a final inspection of the Property which sha1l be for purposes of determining compliance with this Agreement. As part of the final inspection, Owner sha1l provide the City with a written certification that a1l material used to fi1l the Borrow Pit complies with the conditions set forth in Paragraph 5.0 above. Said certification sha1l be prepared by a qualified person and in a form deemed acceptable to the City. The City reserves the right to require Owner to provide, at Owner's expense, suitable soil borings and water quality monitoring tests (pursuant to Paragraph 17.0) on the Property as part of the certification. If the City determines that the Property has passed the final inspection, the parties sha1l execute a written notice of termination which sha1l be filed in the Public Records of Seminole County, Florida. Said notice sha1l indicate at a minimum that this Agreement has been terminated and is no longer in fu1l force and effect. 4412.0 City Ril!ht of Entry. Owner hereby grants the City and its duly authorized agents and contractors an unconditional right of entry on the Property to determine whether Owner is complying with the terms and conditions of this Agreement and applicable City Codes. Page 6 of 11 DRAFT 03-19-03 MlQ.O Best Manaeement Practices. Owner and their agents and contractors shall employ best management practices during construction on the Property and upon completion of the landfill operations to assure that all sediments are retained on the Property. At a minimum, with additional measures utilized as needed, these practices shall include: M 16.2 Grading shall be employed to avoid off-Property runoff and to keep sediment on the Property. M 16.2 The placement of silt screenslbarriers to minimize wind-blown debris and dust. M 16.3 Erosion control measures including, but not limited to, seeding, mulching, and sodding the Property, especially slopes and roadway shoulders. 17.0 Water Oualitv Test. Prior to the commencement of any landfill operations on the Property and upon completion of said operations. Owner shall provide the City a primary and secondary contaminant report of the water quality of the pond located on the Property. In addition. until completion of said operations. Owner shall provide the City a monthly V.O.c. test report of the water quality of said pond. All water quality tests and reports shall be conducted and prepared by a duly qualified professional and laboratory mutually acceptable to the City and Owner. All laboratory reports shall be delivered directly to the City Manager from the laboratory. 18.0 Remedies in LiQuidated Damal!es. Nothing herein shall affect the rights in law or equity for either party except as specifically described in this paragraph covering liquidated damages for certain violations and breaches under this Agreement. 18.1 Owner and City agree that it is impossible to determine with any reasonable accuracy the amount of compensatory damages the City and the public would be entitled to recover upon Owner's breach or violation of Paragraphs 6.0. Fill Procedures. 8.0. Haul Route. 9.0, Hours of Operation. and 17.0, Water Quality Test. under this Agreement by Owner. It is also agreed that the compensatory damages consequent upon breach or violation of said paragraphs are not readily ascertainable at the time this Agreement was prepared and executed. Thus. in the event that Owner breaches or violates any of Owner's obligations. covenants or promises under Paragraphs 6.0. Fill Procedures, 8.0. Haul Route. 9.0. Hours of Operation. and 17.0. Water OualityTest. of this Agreement. City shall be entitled to recover. as liquidated damages. the sum equal to $500.00 for each violation or breach. except that for each violation or breach of the terms and conditions under Paragraph 8.0. Haul Route. the City shall be entitled to recover a sum equal to $100.00. Page 7 of11 DRAFT 03-19-03 18.2 For the purposes of Paragraph 18.1 of this Agreement. it is agreed that any liquidated damages assessed to Owner equal the fair market value of the obligation breached or violated by Owner and the liquidated damages are not disproportionate to any compensatory damages that might reasonably be expected to follow from a breach or violation. In addition. the liquidated damages set forth herein are mutually agreed to be reasonable. not intended to be a penalty and are reasonably related to the actual damages that would be suffered by the City and the public. For violations or breaches of Paragraphs 6.0. Fill Procedures. 8.0. Haul Route. 9.0. Hours ofOoeration. and 17.0. Water Quality Test. the parties agree that the City shall not have the option to recover actual compensatory damages over the liquidated damages set forth herein. +619.0 Successor and Assil!ns. Owner shall notify the City, in advance and in writing, of any transfer of ownership of the Property. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of the Property. +120.0 Applicable Law: Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the Winter Springs Code. The parties agree that venue shall be exclusively within Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all such federal disputes or actions. +&21.0 Amendments. This Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission or City Manager of the City of Winter Springs. +922.0 Entire Al!reement: Headinl!s. This Agreement contains the entire agreement between the parties as to the subject matter hereof. Paragraph headings are for convenience of the parties only and are not to be construed as part of this Agreement. All references to whole paragraph numbers (e.g., 16.0) shall include all subparagraphs thereunder (e.g., 16.1, 16.2, and 16.3). ~23.0 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the City shall have the unconditional right to either terminate this Agreement, modify this Agreement with the Owner's consent, or remain in the Agreement as modified by the court. Page 8 of 11 DRAFT 03-19-03 U24.0 Recordation. Upon full execution of this Agreement by the parties, this Agreement shall be recorded by the City in the Public Records of Seminole County, Florida, and shall run with the land. ~25.0 City's Police Powers. Owner acknowledges and agrees that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Any City permits issued on the Property prior to the effective date of this Agreement that are in conflict with this Agreement are hereby deemed null and void. ;G26.0 Soverehw Immunity. Nothing contained in this Agreement shall be construed as a waiver ofthe City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state or federal law. M27.0 Notices. All notices and correspondence in connection with this Agreement must be in writing. Notice and correspondence shall be sent by first class mail or hand delivered at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing: M27.11fto City: Mr. Ronald W. McLemore, City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: 407-327-5957 Facsimile: 407-327-4753 M27.2 Ifto Owner: Chanh Q. Nguyen Ngan N. Nguyen 4409 Steed Terrace Winter Park, Florida 32792 Telephone: 407-657-1467 Emergency Telephone: 407-629-1235 " ~28.0 Waiver. Any forbearance by the City in exercising any right or remedy under this Agreement shall not constitute a waiver of or preclude the exercise of any right or remedy. 2629.0 Indemnification and Hold Harmless. For all work performed pursuant to this Agreement, Owner agrees to the fullest extent permitted by law, to indemnify and hold Page 9 of 11 DRAFT 03-19-03 harmless the City, and its commissioners, employees, officers and city attorneys (individually and in their official capacities) from and against any and all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorneys fees through all administrative and appellate proceedings); directly or indirectly arising out of or resulting from any act or omission of Owner, and its employees, agents, and contractors under this Agreement and/or in breach or violation of this Agreement. ~30.0 City's IDeht to Seek Equitable Relief. Owner agrees, acknowledges and recognizes that any breach of this Agreement by Owner may result in irreparable harm to the City. Owner agrees that in addition to and not in lieu of all legal and equitable remedies available to City by reason of such breach, City shall be entitled to equitable relief(including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and condition of the breach. 2-&1l.0 Attorneys' Fees. The prevailing party in any litigation arising under this Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs, whether incurred at trial or appeal. ~32.0 No Joint Venture. Nothing herein shall be deemed to create ajoint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. WITNESSES: CITY OF WINTER SPRINGS, a Florida Municipal Corporation: Print Name: By: Ronald W. McLemore, City Manager Print Name: OWNER: Print Name: By: Page 10 of 11 DRAFT 03-19-03 Chanh Q. Nguyen Print Name: Print Name: By: Print Name: Ngan M. Nguyen STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that the foregoing instrument was acknowledged before me this _ day of ,2003, by CHANH Q. NGUYEN, 0 who is personally known to me, or 0 who has produced as identification. NOTARY PUBLIC STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that the foregoing instrument was acknowledged before me this _ day of ,2003, by NGAN M. NGUYEN, 0 who is personally known to me, or 0 who has produced as identification. NOTARY PUBLIC F:\Docs\City of Winter Springs\AgreementsINguyen_ Development_ Agree,doc Page 11 of 11 EXHIBIT "A" LEGAL DESCRIPTlON: LOT 15. BLOCK B. OF lHE D,R, MITCHELL'S' SURVEY OF THE LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF lHE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA. ORANGE AVENUE (DIRT ROAD) !lO' RIGHT Of WAY WEST 1/2 LOT 15 BLOCK B 4.42 ACRES:!: 510'% 378.4' 131.0' z EAST 1/2 LOT 15 BLOCK B 4.42 ACRES:!: en 3 ~ !i ~ ,., :E LOT 14 BLOCK B LOT 16 BLOCK B .... .1: ~ ~ ~ 378.4' 131'" N 73'02'41' W 510'% SEABOARD COASTLINE RAILROAD. I,(f RIGHT OF WAY NOTES: LANOS SHOVlN HEREON YI9lE NOT AIlS1RACTED BY 1liE SU~VEYOR fOR RIGHT-Of-WAY AND/OR EASEWENTS Of RECORD OR OWNERSHIP, NOT VAlJD UNLESS lHlS MAP / REPORT BEARS 1liE SlGNAllJRE AND ORIGINAl. RAlsaI SEAL Of tHE SURVEYOR AND IIAPPER Of RECORD, NO FIEU) WORK WAS PERfORl.4ED fOR tHE LANDS SHOVlN HEREON, . IlEARlNCS ARE BASED ON tHE NORtHERlY RIGHT Of' WAY OF tHE SEABOAR COASl1.lNE RAILROAD ,.:;, BEING; N 73'02'41'W, RUSSELL A.BRACH , HEREBY CER1IFY tHIS Sl<ETCH llEE:TS tHE IllNlllUll 1EQlNICAL STANDARDS 01' f1.ORlDA AIlIIlHlSlRAlI\E COllE RULE 11017-8. fZ-Iti ~ RUSSa!. A. BRAQl FLORlOA REGlSlRA liON 5299 S~EC"'C ~Ult~OSE SUltVEY ,/.., 11"0 MA~ORAMA ORIVI O'LA.O~ FLORIOA al.,7 (407) 140-1117 FAX(+07) 140-7aoo SCALE: JOB No. I., .' . . .....--..------..................................................................................... i I ! j I I: I I j ! I i I I I I i I i ! i I I I ! I t i I I i j I I i I i ~----...........-.......-----_.......................................... ................... ~~ R !l~ "'1l ;.~ ":~t ~ili ~m ,t~ if' I rti j I t) 'i III % II APPUCANT Q~n:.w: WINTER SPRINGS SITE REGRADING PLAN FOR: CHANH Q. NGUYEN . ~INJNJ GWWIDQ F1 JSft PfKJN1.': <<Jl___txJtII . \ \ CIlWf ENrM'ER: ftI"AL HUR ENf:MI1RNf1, /NC. 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EXHIBIT "c" o ATTACHMENT (B) March 10, 2003 Regular Agenda Item "E" . . . 031003 Commission Meeting Regular "E" Revised Nguyen Development Agreement COMMISSION AGENDA ITEM E Consent Informational Public Hearing Regular X March 10, 2003 Meeting ~ Mgr, / Dept. Authorization REQUEST: City Manager requesting the City Commission to approve a revised Development" Agreement with Chanh Nguyen related to repairs of a borrow pit located on a 4.42 acre site north of Winter Springs High School. PURPOSE: This Agenda Item is needed to approve the above referenced Development Agreement. CONSIDERATIONS: On February 24,2003 the Commission delayed approval of a proposed Development Agreement to provide staff time to include several amendments desired by the Commission. The attached Agreement has been amended to include the following provisions: a) Storage of fill material on site prior to filling. b) Scheduled and random inspections of fill material prior to issuance of a fill permit. c) $50.00 inspection fee per scheduled inspection, d) Fill permit escrow account. e) Primary and Secondary Contaminant Water Quality Test. f) VOC Water Quality Test. g) Authorized delivery truck route. h) Delivery truck violations. i) Hours of operation 7:30-1 :00 p.m. and 3:00 p.m. -5:30 p.m. Monday through Friday, . . . 031003 Commission Meeting Regular "E" Revised Nguyen Development Agreement Page 2 Of2 FUNDING: Not Applicable, RECOMMENDA TIONS: It is recommended that the Commission approve the attached Development Agreement with Chanh Nguyen as amended. ATTACHMENTS Amended Development Agreement COMMISSION ACTION: 11..11. "' II "111 "' II 11I11 11111111 111111111111111111111111. ~prepared by and return to: . nthony A. Garganese, Esquire rown, Salzman, Weiss & Garganese, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 04799 PG 1715 CLERK'S # 2003071430 RECORDED 04/30/2003 11:42:13 AM RECORDING FEES 69.08 RECORDED BY G Ha~ford DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (herein referred to as the "Agreement"), made and executed this ~day of IY\~ ,2003, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHANH Q, NGUYEN and NGAN M, NGUYEN, husband and wife (hereinafter referred to as "Owner"), whose address is 4409 Steed Terrace, Winter Park, Florida 32792, WITNESSETH: WHEREAS, Owner owns certain real property located within the City of Winter Springs, Florida, as legally described herein; and WHEREAS, a borrow pit currently exists on that property; and WHEREAS, Owner desires to engage in landfill operations to fill the borrow pit; and WHEREAS, the fill shall only be inorganic "clean debris" as approved by the Florida Department of Environmental Protection and the City; and WHEREAS, Owner desires to perform the landfill activities on the Property in a safe and healthy manner, and in a manner that does not create a public nuisance, so that the Property may be developable in the future; and WHEREAS, the Owner and City desire to e~,ecutefrhisAgt~~tp.ie.~t ~geffectuate the filling of the borrow pit under the terms and conditi~r~ag~~ed.to hereunde~';' ~nd ~ ..~.J" ,.; ! . ,,-.. . .. f I ,;;.;' ",.' . WHEREAS, providing Owner abides by ~l-"t1ii ,t~r.r.ns' and conditions ~~t forth hereunder, the City Commission of the City ofWini~r:~pri~g~.:QQ..~~Jhat this Agreement is consistent with the City's Comprehensive Plan as well as:ihe.'cH;?totHtofOrdinances and is a legislative act of the City Commission of the City of Winter Springs'. ~ NOW, THEREFORE, in consideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows: },O Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Agreement. Page 1 of 11 FILE NUM 2003071430 OR BOOK 04799 PAGE 1715 2.0 Intent and Puroose. The intent and purpose of this Agreement is to permit Owner and their authorized designees to fill the borrow pit located on the Property with inorganic material, as more particularly described in Paragraph 5.0 of this Agreement. 3,0 Prooerty. The real property subj ect to this Agreement is legally described on Exhibit "A," which is hereby fully incorporated herein by this reference (hereinafter referred to as "Property"), 4,0 Borrow Pit. The borrow pit referred to under this Agreement is depicted on Exhibit "B," which is hereby fully incorporated herein by this reference (hereinafter referred to as "Borrow Pit"). 5,0 Permit Authorized. Upon approval of the site plan required by Paragraph 5,3 herein and the restoration plan required pursuant to Paragraph 5,4 herein, the City hereby grants Owner a permit to fill the Borrow Pit with inorganic materials subject to the following terms and conditions: 5. 1 Prior to commencing and continuing the landfill operations permitted by this Agreement, Owner shall obtain and maintain in good standing any required federal, state, local and special district authorizations necessary to engage in the landfill operations, 5.2 The material used to fill the Borrow Pit shall be limited to inorganic materials, provided those materials also satisfy the definition of "clean debris" under Section 62-701,200(15), Florida Administrative Code, which at the effective date of this Agreement means: "any solid waste which is virtually inert, which is not a pollution threat to ground water or surface waters, is not a fire hazard, and is likely to retain its physical and chemical structure' under expected conditions of disposal or use, The term includes brick, glass, ceramics, and uncontaminated concrete including embedded pipe or steel." Street sweeping material, asbestos, contaminated and remediated' soil, pollutants and hazardous waste, and organics are strictly prohibited and shall not be used to till the Borrow Pit, 5,3 Within thirty (30) days of the effective date of this Agreement, Owner shall submit to the City for approval a site plan, drawn to scale bya duly-licensed engineer, depicting the Property, Borrow Pit, ingress and egress to the Property, parking, location of all trailers, offices, and other structures, and such other matters reasonably required by the City, The construction trailer and/or office shall be located within the interior part of the Property to avoid being visible from Orange Avenue, Approval of the site plan by the City shall Page 2 of II FILE NUM 2003071430 OR BOOK 04799 PAGE 1717 be a condition precedent to the landfill operations authorized by this Agreement. 5.4 Within thirty (30) days of the effective date of this Agreement, Owner shall submit to the City for approval a restoration plan, drawn to scale by a duly- licensed engineer, depicting the proposed final status of the Property after the landfill operations have been completed, including grade, slopes, water retention areas, and other landscaping features of the Property deemed necessary by the City to make the Property suitable for development purposes, 5.5 At all times, the Owner shall conduct the landfill operations of the Borrow Pit in full compliance with this Agreement and all applicable federal, state, local, and special district laws, regulations, and permits, 5,6 Upon demand by the City, Owner shall remove from the Borrow Pit any material that does not comply with the terms and conditions set forth in this Paragraph 5.0, 5.7 The term of this agreement shall be the period of time approved by Seminole County for use of the Cross Seminole Trail, or one (1) year from the effective date of this agreement whichever shall come first. 5.8 Owner shall fully comply with the fill procedures set forth in Paragraph 6.0 and the other terms and conditions set forth in this Agreement. 5.9 Owner shall provide to the City a trip ticket for each delivery truck delivering debris to the Property, The trip ticket shall identify at a minimum the name of the trucking company, the date of the delivery, and the place of origin of the debris. 6,0 Fill Procedures. Prior to any debris being dumped, placed or located within the landfill area (pond), Owner shall contact the City for an inspection of the debris. Ifsaid debris satisfies the conditions set forth in Paragraph 5,2 of this Agreement, the City shall issue a permit authorizing the placement of the debris into the landfill area, For each InSpectIon, Owner shall pay the City a $50.00 permit inspection fee. 6.1 Owner shall be required to temporarily locate any debris on the Property at locations suitable for the City's inspection and approved in advance by the City, 6.2 Owner shall establish a permit fee escrow account with the City and deposit $500 within the account prior to any landfill operations commencing on the Property. The escrow account shall remain open until the Agreement Page 3 of 11 FILE NUM 2003071430 OR BOOK 04799 PAGE 1718 terminates, At such time the escrow account is depleted to $100.00, the Owner shall replenish the escrow account balance so that the balance equals at least $500. The City shall have the right to draw from the escrow account to pay for all permit fees or liquidated damages imposed by this Agreement. If any escrow account balance remains at the termination of this Agreement, said balance shall be applied to pay any other fees or liquidated damages that Owner owes the City, Any remaining fees will be returned to the Owner. 6,3 The City shall have the unconditional right to conduct random inspections on the Property. 7.0 Security Fence. In conjunction with the site plan approval process described in Paragraph 5.3, Owner shall submit a completed fence permit application to the City and install a temporary six (6) foot chainlink security fence along the entire southern boundary of the property as required by the approved site plan, The fence shall comply with applicable City Codes, shall not be constructed of barbed wire or any other material that may pose a public safety hazard, and shall be constructed of a quality and type deemed acceptable to the . City. An appropriate gate(s) shall be installed for ingress and egress to the Borrow Pit. All gates shall be closed and locked at all times during which the landfill operations authorized by this Agreement are not occurring, The fence and gates shall be maintained in good order until such time as the landfill operations have been completed, the Borrow Pit has been completely filled, and the Property has been graded in accordance with Paragraph 14,0 of this Agreement. The fence shall not be installed until the City approves the fence permit application 8,0 Haul Route. All materials being brought to and from the Property by vehicle shall be transported via the Cross Seminole Trail as permitted by Seminole County with access from State Road 434 and via the "authorized delivery truck route" which is depicted on Exhibit "C," attached hereto and fully incorporated herein by this reference, Owner shall be required to provide the City with written verification that Seminole County does not object to Owner using said avenue for the landfill operations authorized herein. 9,0 Hours of Operation. In carrying out the landfill operations, Owner shall conduct storage, maintenance, and administrative actIvItIes between the hours of '1:00 a.m. and 8:00 p,m, daily on the Property. However, the delivery of debris to the Property shall be strictly limited to between the hours of7:30 a.m, and 1 :00 p,m., and between 3:00 p,m, and 5:30 p.m" Monday through Friday. In addition, Owner shall perform the landfill operations using standard trade practices which will reduce or negate noise, excessive traffic, or any other unreasonable disruption to the neighborhood affected by Owner's operation. 10.0 Truck Requirements. Owner shall require that all trucks delivering materials to and from the Property shall abide by the following requirements: Page 4 of 11 FILE NUM 2003071430 OR BOOK 04799 PAGE 1719 10.1 The payload beds of all trucks shall be covered so as to eliminate debris blowing or falling off the trucks. All debris falling on the roadways or adjacent property shall be immediately picked up by the trucking company or the Owner, If the trucking company or the Owner fail to pick up the debris, Owner agrees to reimburse the City for all costs incurred by the City to clean- up the debris. The reimbursement shall be paid within fourteen (14) days of receiving a cost invoice from the City. 10.2 Notwithstanding any other posted speed limit, the speed of trucks shall not exceed twenty 20) miles per hour on the Cross Seminole Trail and the access road from State Road 434, Owner shall be required to provide all trucking companies delivering to and from the Property advance written notice of the speed limits set forth in this paragraph, A copy of said notice shall be provided to the City's City Manager on the same day said notice is sent to any trucking company. 11.0 Performance Bond. Owner shall provide a One-Hundred Thousand and no/lOO ($100,000,00) Dollar performance and payment bond or letter of credit to the City which shall insure that the Owner complies with all of the terms and conditions of this Agreement. 11,1 The bond or letter of credit required by this paragraph shall be issued by a surety or financial institution deemed acceptable to the City. The bond or letter of credit shall remain continuously in effect during the term of this Agreement, and any extensions thereto, and also remain in effect at least six (6) months after the termination of this Agreement. The bond or letter of credit shall be in a form acceptable to the City. All bonds or letters of credit signed by an agent must be accompanied by a certified copy of such agent's authority to act. 11,2 If the surety or financial institution furnishing the bond or letter of credit to the City is declared bankrupt or becomes insolvent or its rights to do business are terminated in the State of Florida, or ceases to be acceptable to the City, Owner shall within ten (10) days thereafter substitute another bond and surety or letter of credit issued by a financial institution, which must be acceptable to the City, or other types of security reasonably acceptable to the City. 12.0 Suspension and Revocation. This Agreement and the permit granted hereunder are subject to suspension and/or termination by the City, upon written notice to Owner, at any time for the failure of Owner and Owner's agents and contractors to comply with the terms and conditions herein. Upon suspension or termination, Owner shall Page 5 of 11 FILE NUM 2003071430 OR BOOK 04799 PAGE 1720 immediately cease and desist all landfill operations permitted under this Agreement. 'lflandfill operations have been suspended, such operations may only resume at such time as Owner has completed appropriate remedial actions to the complete satisfaction of the City, 13.0 Notice to Contractors. Owner shall be required to provide all contractors and agents with notice of the terms and conditions of this Agreement prior to any contractor . and agent engaging in any work on the Property, Contractors and agents shall be required to abide by all applicable terms and conditions of this Agreement. 14,0 Final Gradine and Insoection ofProoertv. Upon completion of the land- filling of the Borrow Pit, Owner shall grade and landscape the Property in accordance with the restoration plan reql;lired by Paragraph 5,4 of this Agreement. When the final grading and landscaping have been completed, Owner shall request in writing to the City's City Manager that the City perform a final inspection of the Property which shall be for purposes of determining compliance with this Agreement. As part of the final inspection, Owner shall provide the City with a written certification that all material used to fill the Borrow Pit complies with the conditions set forth in Paragraph 5.0 above. Said certification shall be prepared by a qualified person and in a form deemed acceptable to the City, The City reserves the right to require Owner to provide, at Owner's expense, suitable soil borings and water quality monitoring tests (pursuant to Paragraph 17,0) on the Property as part of the certification, If the City determines that the Property has passed the final inspection, the parties shall execute a written notice of termination which shall be filed in the Public Records of Seminole County, Florida. Said notice shall indicate at a minimum that this Agreement has been terminated and is no longer in full force and effect. 15.0 City Rieht of Entrv. Owner hereby grants the City and its duly authorized agents and contractors an unconditional right of entry on the Property to determine whether Owner is complying with the terms and conditions of this Agreement and applicable City Codes. 16.0 Best Manaeement Practices. Owner and their agents and contractors shall employ best management practices during construction on the Property and upon completion of the landfill operations to assure that all sediments are retained on the Property, At a mInImUm, With additIOnal measures utilIzed as needed, these practices shall Include: 16.1 Grading shall be employed to avoid off-Property runoff and to keep sediment on the Property, 16,2 The placement of silt screenslbarriers to minimize wind-blown debris and dust. Page 6 of 11 FILE NUM 2003071430 OR BOOK 04799 PAGE 1721 16.3 Erosion control measures includirrg, but not limited to, seeding, mulching, and sodding the Property, especially slopes and roadway shoulders, 17.0 Water. Quality Test. Prior to the commencement of any landfill operations on the Property and upon completion of said operations, Owner shall provide the City a primary and secondary contaminant report of the water quality of the pond located on the Property, In addition, until completion of said operations, Owner shall provide the City a monthly V.O.C. test report of the water quality of said pond, All water quality tests and reports shall be conducted and prepared by a duly qualified professional and laboratory mutually acceptable to the City and Owner, All laboratory reports shall be delivered directly to the City Manager from the laboratory. 18.0 Remedies in Liquidated Damaees. Nothing herein shall affect the rights in law or equity for either party except as specifically described in this paragraph covering liquidated damages for certain violations and breaches under this Agreement. 18, 1 Owner and City agree that it is impossible to determine with any reasonable accuracy the amount of compensatory damages the City and the public would be entitled to recover upon Owner's breach or violation of Paragraphs 6.0, Fill Procedures, 8.0, Haul Route, 9.0, Hours of Operation, and 17.0, Water Quality Test, under this Agreement by Owner, It is also agreed that the compensatory damages consequent upon breach or violation of said paragraphs are not readily ascertainable at the time this Agreement was prepared and executed, Thus, in the event that Owner breaches or violates any of Owner's obligations, covenants or promises under Paragraphs 6,0, Fill Procedures, 8,0, Haul Route, 9.0, Hours of Operation, and 17,0, Water Quality Test, of this Agreement, City shall be entitled to recover, as liquidated damages, the sum equal to $500,00 for each violation or breach, except that for each violation or breach of the terms and conditions under Paragraph 8,0, Haul Route, the City shall be entitled to recover a sum equal to $100,00, 18.2 For the purposes of Paragraph 18.1 of this Agreement, it is agreed that any liquidated damages assessed to Owner equal the fair market value of the obligation breached or violated by Owner and the liquidated damages are not disproportionate to any compensatory damages that might reasonably be expected to follow from a breach or violation In addition, the liquidated damages set forth herein are mutually agreed to be reasonable, not intended to be a penalty and are reasonably related to the actual damages that would be suffered by the City and the public, For violations or breaches of Paragraphs 6,0, Fill Procedures, 8.0, Haul Route, 9.0, Hours of Operation, and 17,0, Water Quality Test, the parties agree that the City shall not have the option to recover actual compensatory damages over the liquidated damages set forth herein. Page 7 of 11 FILE NUM 2003071430 OR BOOK 04799 PAGE 1722 19.0 Successor and Assiens. Owner shall notify the City, in advance and in writing, of any transfer of ownership of the Property, This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of the Property. 20.0 Applicable Law: Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the Winter Springs Code. The parties agree that venue shall be exclusively within Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all such federal disputes or actions. 21.0 Amendments. This Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission or City Manager of the City of Winter Springs. 22.0 Entire Ae:reement: Headine:s. This Agreement contains the entire agreement between the parties as to the subject matter hereof Paragraph headings are for convenience of the parties only and are not to be construed as part of this Agreement. All references to whole paragraph numbers (e.g" 16,0) shall include all subparagraphs thereunder (e,g., 16.1, 16.2, and 16.3), 23,0 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the City shall have the unconditional right to either terminate this Agreement, modify this Agreement with the Owner's consent, or remain in the Agreement as modified by the court, . 24.0 Recordation. Upon full execution of this Agreement by the parties, this Agreement shall be recorded by the City in the Public Records of Seminole County, Florida, and shall run with the land. 25.0 City's Police Powers. Owner acknowledges and agrees that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Any City permits issued on the Property prior to the effective date of this Agreement that are in conflict with this Agreement are hereby deomed null and void. 26,0 Sovereie:n Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768,28, Florida Statutes, or any other limitation on the City's potential liability under state or federal law. 27.0 Notices. All notices and correspondence in connection with this Agreement must be in writing. Notice and correspondence shall be sent by first class mail or hand Page 8 of 11 FILE NUM 2003071430 OR BOOK 04799 PAGE 1723 delivered at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing: 27: 1 If to City: Mr, Ronald W. McLemore, City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: 407-327-5957 Facsimile: 407-327-4753 27,2 If to Owner: Chanh Q, Nguyen Ngan N, Nguyen 4409 Steed Terrace Winter Park, Florida 32792 Telephone: 407-657-1467 Emergency Telephone: 407-629-1235 28.0 Waiver. Any forbearance by the City in exercising any right or remedy under this Agreement shall not constitute a waiver of or preclude the exercise of any right or remedy. 29.0 Indemnification and Hold Harmless. For all work performed pursuant to this Agreement, Owner agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, and its commissioners, employees, officers and city attorneys (individually and in their official capacities) from and against any and all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorneys fees through all administrative and appellate proceedings); directly or indirectly arising out of or resulting from any act or omission of Owner, and its employees, agents, and contractors under this Agreement and/or in breach or violation of this Agreement. 30.0 City's Rie:ht to Seek Equitable Relief. Owner agrees, acknowledges and recognizes that any breach of this Agreement by Owner may result in irreparable harm to the City. Owner agrees that in addition to and not in lieu of all legal and equitable remedies available to City by reason of such breach, City shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and condition of the breach, 31.0 Attornevs' Fees. The prevailing party in any litigation arising under this Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs, whether incurred at trial or appeal. Page 9 of 11 FILE NUM 2003071430 OR BOOK 04799 PAGE 1724 32.0 No Joint Venture. Nothing herein shall be deemed to create ajoint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 33.0 Contractor Joinder. All contractors hired by Owner to perform any of Owner's duties and responsibilities under this Agreement shall be required to execute a joinder and guarantee prior to performing such duties and responsibilities, Said joinder and guarantee shall be in a form acceptable to the City and shall require the contractor to abide by the full terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe date first written above. CITY OF WINTER SPRINGS, a Florida Municip.;il'Corpor3ition: OWNER: / By ~ttjt avW Chanh Q. Nguyen ~t.n . pon$. SfC.!e-tt:.7"~ .-----. BY['0~~ . Ngan . Nguyen Page 10 of 11 FILE NUM 2003071430 OR BOOK 04799 PAGE 1725 STATE OF FLORIDA COUNTY OF SEMINOLE } hereby certify that the foregoing instrument was acknowledged before me this ~ay of Apll) ,2003, by CHANH Q. NGUYEN, 0 who is personally known to me, or .. who has produced FL- f)C'~ V er',s L c..~t.as identification. '''"If''"" #' ~~....... "s "~ ~ ..~~~\SSION ~... ~ :::- .. 0"" " 10 '-to .. ~ ~ ..~G ~tI\' '<'a ~.. ~ : :~ ~ ~ ~~ : =*: ..... :*: - . . - -. DO .- ~ ~ .. # 098948 : ?:f S ~~.. ~~ ...ffi~ ~ "91_...%C.~""~...,",,:J~ ;,o~ rA .. '....In5lI'..~.. <..... :...... ~ VI' ....... 0' ~ ".III. altc ST~\t. ~,,~ 1"""ill\tI"\\\~ . ~herebY certify. that the foregoing instrument was acknowledged before me this Q-J-.tl-day of 2003, by NGAN M. NG~EN" 0 ,:ho is personally known to me, or w.vho has . pro uced prl1i)L/ N~~v,?)~5370'W as IdentIficatIOn. / 1i1~~ N STATE OF FLORIDA COUNTY OF SEMH>JOLE (CVOUtf'C "..u" l~w.v ~~ MARLENE COVERT :~ MY COMMISSION # DD 112516 ..j;;,.'~l EXPIRES: April 25, 2006 4Ifo,........ Booded Thru Notary PulJjjc; Undorwrll9fs F :\Docs\City of Winter Springs\Agreements\Nguyen _ Development_ Agree.doc Page 11 of 11 2: ;; ~ ,': . '. . It "I Of' ~ C;ITV O~ WINTER SPFl ~ p."..;nlog.S U<ontl g FILE NUM'2003071430 799 PAGE 1726 'j LEGAL DESCRIPTION; . LOT 15, aLOCK B, OF THE O.R, MITCHELl'S SUR~Y OF THE LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PL T THEREOF AS RECORDED IN PLAT BOOK I, PAGE 5, OF THE P Lie ~ECOROS OF SEMINOLE COUNTY. FLORIDA. \ ORANGE AVENUE (DIRT ROA~) ~O' /llCIlT Of WAY I'.... .10" 1f8.". EAST 1 /~ LOT 15: BLOCK a 4.4-2 ACREjS:l: .. 5 ~ :E ~or i5 8l.DC"'.' e ~ WEST 1/2 LOT 15 BLOCK 8 4,42 ACRES:!: J}&-4' ')1." N 1J'O~'41' '" ~10't: SEABOARD COASTLINE RAILR~AD 4ft RIOhT QF WAY ! NOTES; , VoNOS SHO,,", HERtON IOtA. NOT AaSTllAClEO BY 1HE SUR~ rOll RIQHT-Of-\><AY AHO/!,R EASOlENrs Of RECORD OR OVlWOlSMIP, NOT VAuD V1R(::S THIS UAP / I\EPOAT BCARS lIl~ SlCN"lU~E AND ORlQNM. RAI!lCl SEAl. ef, 1\15 SUR\otYOR AND wAPPf/l OF RECORD, NO FlUO IOIORX WAS PERrOAlIro FOR "!HE: LANDS SHO'<N HEREON. ; 9tAIl1NCS ARE DASro ON lilt NOAlIlERLY RlCllT OF WAY Of THE IDaoAR CDAS1U!l[ RAI\JlO"o AS DEJNO; /I 7J'D1'4'"W. RUSSELL A. BRACH "'~rc,,,.,c "V~~OSI: 1r"~V"", tJlaa MAlotAUi O~IVC O.LA.O~ '~O.IDI 'l'~' (. 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NOTE, NO 'w'm.ANllS IN PR1J..i!:CT AREA PER SJRIOOl <llL.ll IlllR pm Ir "'ff:-"1 AlL FILL SHALL BE CLEAN DEBRIS _~~_~Ef ._~:~~..............................................ItLL:?J SPRINGS SITE CHANH Q. REGRADING NGUYEN PLAN , \ \ - 30-. 510' +1- OLII IWJlOARIl COIJl'IUNII R/"Il OR: "l[[....f..'.:~. iW' if ~ ~i' n "j.,t it t r \!;,:F,A: 11'. ~ ri j! .; I~=\ II : If !~{ n . ;1 ;j n i!~ : :i~ ! lr-'"0 Ii ~ ;; ~ \ :: m :: I- - m - J: X W EXHIBIT "B';ILE NUM 20 OR BOOK 047 \I A TER CURRENT PROFILE .>: ~~ PROPOSED PROFILE .tm.E& L FlU. m lIE OORGANIC 2. NOT m SCALE REPAIR AREA POND FILLING PLAN VIE'" MEAD BDRRD\J PIT FILLING 11/21/2002 , " /' 'i- 071430 ILE NUM 2003 . AGE F BOOK 047 OR . EXHIBIT "e"