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Home My WebLink About2007 03 12 Public Hearing 500.1 AmSouth Bank Aesthetic Review COMMISSION AGENDA March 12, 2007 Meeting Consent Informational Public Hearing Regular MGR. tV" /DEPT Authorizatio x ITEM 500.1 REQUEST: The Community Development Department- Planning Division requests the City Commission hold a Public Hearing for the Aesthetic Review for the AmSouth Bank located on the northeast comer of SR 434 and Parkstone Drive, located on a commercial out-parcel of the Parkstone Planned Unit Development (PUD), at the north east comer of SR 434 and Parkstone Boulevard. PURPOSE: To encourage creative, effective, and flexible architectural standards and cohesive community development consistent with the intent and purpose of Article XI - Minimum Community Appearance and Aesthetic Review Standards. APPLICABLE LAW AND PUBLIC POLICY: Ordinance 2003-43, Aesthetic Review Standards, City a/Winter Springs Section 9-601. Approval prerequisite for permits. Section 9-605. Submittal requirements. City 0/ Winter Springs Code a/Ordinances Section 20-470 (2) Ground Mounted Single Tenant Identification Sign and Section 20-470 (4) Building Mounted Single Tenant Identification Sign CHRONOLOGY: November 7. 2006 - Final engineering and aesthetic review plans reviewed by the staff review committee. November 28. 2006 - Second staff review of the final engineering and aesthetic review plans. January 3. 2007- Planning and Zoning Board voted 4-1 to recommend the final engineering plan be approved, subject to (1) eliminating the curb-cut onto SR 434 and (2) moving the ground- mounted single tenant sign at least 15 feet from the property line. January 5. 2007 - Revised aesthetic review plans submitted to City. January 22. 2007 - Aesthetic Review postponed until 2.12.07 at the request of the applicant. CONSIDERATIONS: The AmSouth Bank building is located in the center of the commercial out-parcel east of the March 12, 2007 PUBLIC HEARING ITEM 500.1 Page 2 of 4 Parkstone entrance with vehicular circulation (parking and drive-thru lanes) surrounding the building. The entrance, located at the southwest comer of the building, includes a two-story tower with arched entryways on the ground floor. The tower provides a break in the roof line of the building. The entrance columns match and accentuate the vertical brick columns of the drive-thru and the brick wall sections between the glass windows located on the west and south building facades. The south and west side of the site will be buffered from the adjacent roadways by the existing landscaping and decorative fence and columns. Additional landscaping, in conjunction with the existing 6' tall brick wall along the north and east sides of the site will buffer the commercial activities from the adjacent residences. The submittal requirements for aesthetic review are set forth in Section 9-605 and include the following: (a) a site plan; (b) elevations illustrating all sides of structures facing public streets or spaces; (c) illustrations of all walls, fences, and other accessory structures and the indication of height and their associated materials; (d) elevation of proposed exterior permanent signs or other constructed elements other than habitable space, if any; (e) illustrations of materials, texture, and colors to be used on all buildings, accessory structures, exterior signs; and (f) other architectural and engineering data as may be required. The procedures for review and approval are set forth in Section 9-603. The City Commission may approve, approve with conditions, or disapprove the application only after consideration of whether the following criteria have been satisfied: (1) The plans and specifications of the proposed project indicate that the setting, landscaping, proportions, materials, colors, textures, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. The proposed building is to be constructed of concrete block with a brick veneer finish. Building accents include a stone base, wainscot and watertable as well as a belt course along the entrance arches and along the building's expression line. The color of these accent elements is "oyster". The entrance tower includes four stone "medallion" accent pieces on the south and west sides. Each facade of the building includes at least one accent panel where the brick veneer is applied in a herringbone pattern. The building roof line is broken at the junction of the bank building and the drive-thru lane structure. In addition, the entrance tower provides a pronounced break in the building's roof line. The brick columns located at the building entrance are repeated on the north side of the building, in the drive thru structure. The drive thru canopy structure has a detailed roof cornice that is a pebbletex EIFS finish painted "Dover Sky". The windows have a bluish-gray tint (non-reflective) and are rectilinear, vertically oriented, and have six panes. Staff has recommend that each of the windows have a top-mounted, operable shutter, colored to match either the stone base or the roof color. These shutters could be closed during any storm event but would remain open during the normal course of business. The roof is an architectural grade shingle, color "Slate Blend". In addition, staff has discussed the addition of stone quoins at the corners of the tower structure as an additional enhancement to the brick facades. The shutters and quoins are not shown on the building renderings included with this agenda item as these requests were made by staff after the March 12,2007 PUBLIC HEARING ITEM 500.1 Page 3 of 4 initial staff review approval and are being considered by the applicant. The site plan includes a future location for a dumpster. The bank has a service provider that shreds most of the paper waste and the remaining waste amount is small enough to be picked up in a standard residential style receptacle. If a dumpster becomes necessary, the enclosure fa~ade will match the building fa~ade and will have an opaque gate. The location for a dumpster as shown on the plans is not acceptable without a revision to the site plan. This issue will need to be resolved if a dumpster is required in the future. While staff feels the proposed wall signage is proportional to the building, it does not meet the requirements for the S. R. 434 Overlay District [Code Section 20-470 (4-d)] as amended by Ordinance 2006-18. The height to the top of the sign exceeds the 14' limit. In addition, the monument sign must be moved back to accommodate a 15 foot setback from the property line. The signage issues will need to be resolved through a development agreement and separate aesthetic review. The various elements detailed above, with the exception of the signage, are compatible with the existing wall, decorative fence, and the entrance signage to the Parkstone development. (2) The plans for the proposed project are in harmony with any future development which has been formally approved by the City within the surrounding area. The subject site is surrounded on three sides by existing elements of the Parkstone entrance and the architectural style, the materials and colors are in harmony with these existing elements. (3) The plans for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within five hundred (500) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: (A) Front or side elevations, (B) Size and arrangement of elevation facing the street, including reverse arrangement, (C) Other significant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. The proposed building does not appear excessively similar or dissimilar to the other structures in the immediate area. The other buildings are single-family residences with a variety of roof lines, materials, and colors. While the brick veneer complements the existing brick wall and signage in the area, the light-colored trim, accents, and shutters on the building set the bank building apart as a separate entity. (4) The plans for the proposed project are in harmony with, or significantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. The proposed building has a contextually appropriate architectural style and includes design features and detailing that accentuate the building and enhance the established character of the existing structures in the area. March 12,2007 PUBLIC HEARING ITEM 500.1 Page 4 of 4 (5) The proposed project is consistent and compatible with the intent and purpose ofthis Article, the Comprehensive Plan for Winter Springs, design criteria adopted by the city (e.g. Towne Center guidelines, SR 434 design specifications) and other applicable federal state or local laws. The AmSouth Bank aesthetic package, with the exception of the signage package, meets the requirements of the City's design criteria as specified in the Code. (6) The proposed project has incorporated significant architectural enhancements such as concrete masonry units with stucco, marble, termite-resistant wood, wrought iron, brick, columns and piers, porches, arches, fountains, planting areas, display windows, and other distinctive design detailing and promoting the character ofthe community. The project is attractive and will be an asset to the community, given the architectural enhancements already mentioned. However, the signage package, as proposed, must be revised and brought forward for a separate aesthetic review and possible development agreement. FINDINGS: · The proposed project is consistent and compatible with the SR 434 design specifications except as noted. These inconsistencies will be addressed in a separate aesthetic review. · The new building will utilize colors and materials that complement the adjacent neighborhood and the existing entry wall and project signage. STAFF RECOMMENDATION: Staff review found the applicant's request for Aesthetic Review in compliance and recommends approval of the Aesthetic Review package conditioned upon the addition of operable shutters on all window openings and the addition of quoins along the tower comers. The signage package is not included in this recommendation and will be addressed as part of a development agreement and a separate aesthetic review. ATTACHMENTS: A. Aesthetic Review Package COMMISSION ACTION: New Branch Bank AmSouth Bank New Branch Bank AmSouth Bank New Branch Bank AmSouth Bank New Branch Bank AmSouth Bank New Branch Bank AmSouth Bank New Branch Bank AmSouth Bank New Branch Bank AmSouth Bank New Branch Bank AmSouth Bank Date: March 12, 2007 The attached was provided to the City Commission by Mr. Frank Ioppola for Public Hearings "500.1 and 500.2" during the March 12, 2007 City Commission Regular Meeting. RECORD SUBMITTAL DOCUMENTS FOR ITEM 500.2 OF WINTER SPRINGS CITY COMMISSION MEETING (03/12/07) - FINAL ENGINEERING SITE PLAN APPROVAL FOR AMSOUTH BANK (CORNER OF PARKS TONE BLVD. AND SR-434) 1) "Mid-Block" Crossing typical detail as provided by Seminole County Engineering Division 2) Public and Private Access and Utility Easement granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida 3) Photographs and Diagram of multiple trail crossings in the vicinity of the proposed bank location 4) Photographs of Tuscora Drive trail crossing 5) FDOT Notice of Intent (subject to conditions including City approval) 6) Seminole County Construction Permit ORL 296572937v1 3/12/2007 I--=:~~===-=-'::===--~--------- @ ~==----'----"---"-'====::=--='=il I' I EXISTING CURB & GUTTER (lYP~ I II I EXISTING CONC. i ~ i SIDEWALK (lYP)~ . ii i CONST. 5' WIDE CONe, i 1" SIDEWALK (lYP)......... . . '" , ., BE:~::I~gEEI::~....... . ~.'.'.Z.:.:.T.E:.p.~..R.....>..................I........ '....... ........:'i.T..,..r....",..:",.,a,t.,,:...t,..~.,' ~~.I.I..,.,.,... VARIES. .,. '--l." .'.mtit rEf'tNT ii' L 1)(,' i ii-i"-aNSTALL : i! "'0 "'0-1-22-5'_:" I'; TRUNCATED Iii I. "I DOMES PER ! II CONST.9 LF OF ALUMINUM '\\ II ! FDOT INDEX ! Ii PED/BIKE RAILING (4'8" HIGH) ",. " 304 (lYP) 2' CLEAR OF TRAIL ], iii' SAWCUU MATCH, Ii I EXISTING SIDEWALK (lYP) ! I Ii I i III rEXIST. CURB 1:.5 GUT.TER. (lYP) (2'O',.,.,R., . " (rvP) , 2.(),R/ ~s CONST. lYPE B CURB (lYP) v:-1 5' R( MID BLOCK CROSSING DETAIL URBAN TYPICAL SECTION WITH SIDEWALKS SIDE STREET/DRIVEWAY CROSSING DETAIL URBAN TYPICAL SECTION , , ~XIST PAVED i . I ROADWAY SHOULDER EXISTING CURB : I /iTCH EXIST. EDGE 5 GUTTER (lYPl-..... Ii I I OF PAVEMENT "-.. '/CDNST' 9 LF OF ALUMINUM BEGIN Mlo..BLOCK CROSSING I' ! I. ~Eg:: ~~::;.~ (4'6" HIGH) END ASPHALT TRAIL ~ ' NO CAPED MEDIAN (TYP) END Mlo..BLOCK CROSSING BEGIN 6" CONCRETE TRAIL r-:;::-:;;40.ll'~22.0 . I j"CONST. 3.0' CURB ~ S END 6" CONCRETE TRAIL 1~~.1~~::til Jf-tl!~;I\t(I~ CJ~:^" I: . DOMES PER CURB (TYP) CROSS SLOPE TO DRAIN TO CONST. 9 LF OF ALUMINUM II I INDEX 304 (TYP) , TREATMENT SWALE BEGINNING . TRAI.W,DTHVARIATlONS: PED/BIKE RAILING (4'6" HIGH) !I. . . AT THIS PDINT (TYP) 8'. 10' = MINORlNEIGHBDRHOOD TRAIL 2' CLEAR OF TRAIL 10'-12" MAJORICONNECTOR TRAIL 14' = SHOWCASE TRAIL EXIST. PAVED ROADWAY SHOULDER",. CONST. 9 LF OF ALUMINUM PED/BIKE RAILING (4'6" HIGH) 2' CLEAR OF TRAIL CONST, 9 LF OF ALUMINUM PED/BIKE RAILING (4'6" HIGH) 2' CLEAR OF TRAIL (lYP) MAINTAIN MIN. CLEAR ZONE FOR ROADWAY~P)~ I TRAIL , WIDTH >- ..... '\." V,A,.RIES" . '-INSTALL '", . _, I TRUNCATED 1\ . DOMES PER I END CONC. RAMP I INDEX 304 (TYP)! BEGIN ASPHALT TRAIL I I MATCH EXIST, EDGE , OF PAVEMENT (TYP) NOTE: THESE ARE TYPICAL CROSSING DETAILS. ReViSED APPLICATION IS SUBJECT TO COUNTY ENGINEER APPROVAL. URBAN DETAIL RURAL DETAIL MID BLOCK CROSSING DETAIL URBAN OR RURAL TYPICAL SECTION WITHOUT SIDEWALKS SIDE STREET/DRIVEWAY CROSSING DETAIL RURAL TYPICAL SECTION @-.......... LIoIB DWM SUfIfJMS[.D aT; . 04 05 LIoIB 04 05 DWM .-.RRY llcCDUUll. P,E. ---~-_._--_..__.~_.__._,_. A 04/05 04/05 SEMINOLE COUNTY ENGINEERING DIVISION 520 We.t Lake Mary Soulavard, Suite 200, Sanford. Florida 32773 Phone (407) 665-5674 Fax (407) 665-5769 TRAIL STANDARDS CROSSING DETAILS SHl:ET NO. A @ '~l~Yll1 ~. ~:m ;;;~~I~{ ~~) ~ ~ i5 @D 17......'1 18-xlS- :AVEMENT MARKINGS (PAVED ROADS 0Nl V) @D 1700-'0.11 18"1118" 1111 @> 17......" 24"x24" * TRAIL WIDTH VARIATIONS: 8' ~ 10' . MINORlNEtGHaORHOOD TRA"- 10'.12' .. MAJORICONNECTOR TRAIL 14' . SHOWCASE TRAIl /''-0. ./ r~" "" ~ 1 :> 1700....'1 ..~, ",,,"I 3O"x3O" I'~I ~ r 24"x10" ** CONTRACTOR SHALl CONTACT COUNTY'S AUTHORIZED REPRESENTATIVE FOR APPROVED LOGO. SPACING, FONT. COLORS. Ere FOR CUSTOM TRAIL SIGN 60 DAYS PRfOR TO INSTALLATION. XIl ** 17......" 24.x18- HOTEl: 'i':'T'HESE ARE TYPICAL CROSSING DETAILS. REVISED APPliCATION IS SUB.ECT TO COUr4TY ENGINEER APPROVAl.. 2. SIGNAGE lNSTAUATIOfIIISAPPUCABLE FOR PAVED AND UNPAVED TRAIL CROSSINGS. MID BLOCK CROSSING SIGNING & PAVEMENT MARKINGS (TYPICAL BOTH DIRECTIONS) !Ill /'~<"..\, ~ '------Z > 17......'1 """../../'~ 30")(30" C SEMINOLE QUIll D' N OA lIWE LIIB 04/05 lye OM.! 04 os OM.! ___.__ ~"~-'--__._~IlIl!!!~E~L,,~""'_~:.E:__ * TRAIL I WIDTH VARIES STREET SIGN DETAIL t- 3:=1 ...----,-- 2" --.I--- G :c~0.5" R E E N W A Y -"-,:rs;- BVj115'" --t- 2" ..-_ -1-. /. R=O.25" (TYP) PLACEMENT & LOCATION OF THIS SIGN TO BE DETERUINED BY COUNTY'S ENGINEER (lYPI~ ~ "-1~ //\"'" ~ ~'::::?J/ -wr'<,,,)MODIFIED MOOIFIED ~~ ''-",::::,-f-17D0-4D-11 24"x18" I"r "",\!/t 3O"x30" ..--------.-----~ ~-__;~~-~__:--::=:~==:=-~11 MODIFIED /.,.."~-"' C5> I 't. ..... )~::::- MODIFIED I 1100-40.11 ';'\~..:./., ~>< 24"..18" I 3<l',,", -!II. ~ I II I 250.0' [TYP) @> I 7....0.'1 24"):2(" ~r71 24');1(1" '~ ~/V""'" 1700-40-11 <, .. /) 30')(30' '\,-"" <> ,/ : ~'< It: tJ ~~~ .<- 0 :r:: ~ ~ 100 LF OF 4" DBL , YELLOW PAINT (n'PI1.. -'.- .' . .. -~-/1 2"W.HIT.EP~INT /'" $TOP8AR{TYP)~ ./ ,-" ~~( ~ '\- 3.)( (VAAtESr',\. ~J<" @D 1700-40.' I 18"x18" 11II1 250,0' (TYP) .~,.. EX.. ISTING STOP SIGN TO REMAIN .... @D ~ 170040-" , 18"x18" i {:C~~~I_'~ (VARIES>:--'SEE STREET NAME i ~lt~.. G / e~""'~'."'-J SIGN DETAIL (NP) 1-< V1~WHITE \ THERMOPLASTIC i LROSSWALK(n'PI I7RAIL WIDTH VARIES * I I I I I II , I~~.. i /',,- i.41 ',- ~ 1\ ,> 1700.'0.'1 ! 8,./ 30"<30' !h I':" ~ l~ '-, ** III!t' 24~x10" . Ii: 170040-11 ~, " /,2""8~ : __<~""17:=1 ''"'-. SIDE STREET/DRIVEWAY CROSSING SIGNING & PAVEMENT MARKINGS -r- 2.25" -1-- 1112 TRAIL ~~~~- -r~~~L~'-'-'-I- /:1TWHlTE THERMOPLASTIC CROSS WALK (lVPJ I I 'I" I ~~ I I ::10.' , I I I Ij~:Io.' TRAIL I WIDTH VARIES' I ~12'WHITE . THERMOPLASTIC CROSS WALK (TYP) ii/ It3'/ 1 1 II ...:; TRAIL ARIES WIDTH VARIES. I I I I 13'/ ! 1 I MID BLOCK CROSSING DETAIL D 04 05 04 05 SIDE STREET/DRIVEWAY CROSSING DETAIL TRAIL STANDARDS SIGNING & PAVEMENT MARKINGS SEMINOLE COUNTY ENGINEERING DIVISION 520 West lake Mary Boulevard. Suite 200. Sanford. Florida 32173 Phone (407) 655.5674 Fax (407) 555-5789 SHE.!::.. NO. B PNEl BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ACCESS AND UTILITY EASEMENT Easement Number 30149 THIS INDENTURE, is made and entered into this I f"[ r): day of~W , l~, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTORH, and LEFFLER COMPANY, a Florida corporation, its successors and assigns, hereinafter referred to as "GRANtEEH. WHEREAS, GRANTOR is the owner of the real property described in Exhibit "AH below (the "Servient TenementH)which is managed by the Florida Department of Environmental ?rotection, Office of Greenways and Trails under Lease Number 4147 ("Managing AgencyH); and WHEREAS, GRANTEE desires an easement across said Servient Tenement for public and private access and public and private utility services. NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and agreements hereinafter contained, has granted,' and by these presents does grant unto GRANTEE, for the use and -... benefit of ,and appurtenant to the lands of GRANTEE (the "Dominant TenementH) described in that certain Warranty Deed dated February 20, 1959, by and between Chase & Company, a Florida corporation, and Leffler Company, 'a Florida corporation, recorded February 24, 1959, in Official Records Book 213, Page 135, Public Records of Seminole County, Florida, a non-exclusive easement unto GRANTEE over and across the following d~scribed real property in Seminole County, Florida, to wit: (See Exhibit "AH Attached) subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, Depa~tment of Environmental Protection. 2. TITLE DISCLAIMER: GRANTOR does not warrant or guarantee any title, right or interest in or to the property described in Exhibit "A" attached hereto. 3. TERM: GRANTOR does hereby grant to the GRANTEE an easement for as long as the easement is used and maintained for public and private access and public and private utilities. If GRANTEE, its successors or assigns cease to use this easement for all of the permitted uses for a continuous and uninterrupted period of one year, all of the privileges hereby granted will expire and become null and void. 4. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to public and private access and public and private utility services, upon, under, over and across the property described in Exhibit "A" during the term of this easement. This easement shall be non-exclusive. GRANTOR retains the right to engage in any act.ivities on, over, below, or across the easement area which do not unreasonably interfere with GRANTEE'S use of this easement and further retains the right to grant compatible uses to third parties during the term of this easement. GRANTEE shall dispose of, to the reasonable satisfaction of GRANTOR, all brush and refuse resulting r50m the clearing of the land for the uses authorized hereunder. If timber is removed in connection with clearing this easement, the net proceeds derived from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation of the real property described in Exhibit "A" during the term of this easement. GRANTEE shall not remove water from any source on this e.asement including, but not limited to, a 'water course, reservoir, spring, or well, Page 2 of 11 Easement No. 30149 without the prior written approval of GRANTOR. GRANTEE shall clear, remove, and pick up all debris including, but not limited to, contain~rs, papers, discarded tools, and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including, but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by-products, chemicals, or other agents produced or used in GRANTEE'S operations on this easement or on any adjacent state land or in any manner ~ot permitted by law. GRANTEE shall be liable for all costs associated with any cleanup of the subject property which is a result of GRANTEE'S operations and use of the subject property. Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is granted to substantially the same condition it was upon the effective date of this easement. GRANTEE' agrees that upon termination or expiration of this easement all authorization granted hereunder shall cease and terminate. If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. -po 5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives, or employees shall have the right at any and all times to inspect this easement and the works and operations of GRANTEE in any matter p~rtaining to this easement. 6. BINDING EFFECT AND ,INUREMENT: This easement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, and assigns of the parties hereto. 7. NON-DISCRIMINATION: GRANTEE shall not discriminate against Page 3 of 11 Easement No. 30149 any individual because of that individual's race, color, religion, sex,.national origin, age, handicaps, or marital status with respec~ to any activity occurring within or associated ~ith this easement. 8. INDEMNITY: GRANTEE hereby covenants and agrees to investigate all claims of every nature at its own expense, and to indemnify, protect, defend, save, and hold harmless GRANTOR and the State of Florida from any and all claims, actions, lawsuits, and demands of any kind or nature arising out of the use of this easement. 9. COMPLIANCE WITH LAWS: GRANTEE agrees that the use of this easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 10. VENUE PRIVILEGES: GRANTOR and GRANTEE agree that GRANTOR has venue privilege as to any litigation arising from matters relating to this.easement. Any such litigation between GRANTOR and GRANTEE, with the exception of any action which can only be inititaed in Seminole County, Florida, shall be initiated and maintained only in Leon County, Florida. 11. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any of the pareies' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. 12. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports Page 4 of 11 Easement No. 30149 to create a lien or encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens against the real property described in Exhibit ~An or against any interest of GRANTOR therein. 13. PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 14. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use of any lands located waterward of the mean or ordinary high water line of any-lake, river, stream, creek, bay, estuary, or other 'water body or the waters or the air space thereabove. 15. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 16. TIME: Time is expressly declared to be of the essence of this easement. 17. ATTORNEYS' FEES: GRANTEE shall pay all costs, charges,' and expenses, including attorneys' fees and appellate attorneys' fees, in connection with any dispute arising' out of this easement, including without limitation, any costs and fees incurred or paid by GRANTOR because of the failure on the part of GRANTEE to comply with and abide by each and every one of the stipulations, agreements, covenants, and conditions of this easement, or incurred by GRANTOR in seeking any remedy available to GRANTOR as a result of such failure by GRANTEE. lB. DEFAULT AND FORFEITURE: If GRANTEE defaults in its obligation to comply with the terms and conditions of this easement and fails to remedy such default to the satisfaction of GRANTOR within 30 days after written notice or default has been Page 5 of 11 Easement No. 30149 mailed to GRANTEE, GRANTOR may terminate this easement. 19 RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have the right to audit such records at any reasonable time. This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters, or other materials made or received in conjunction with this easement, pursuant to Chapter 119, Florida Statutes. 20. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this easement. 21. REVERSION: This easement is subject to termination and reversion to GRANTOR when, in the reasonable opinion of GRANTOR, this easement is not used for the purposes outlined he~ein, and any costs or expenses arising out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE. 22. RECORDING OF EASEMENT: The GRANTEE, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within whicn~the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the GRANTOR. 23. GOVERNING LAW: This easement shall be governed by and Page 6 of 11 Easement No. 30149 interpreted according to the laws of the State of Florida. 24. SECTION CAPTIONS: Articles, subsections, and other captions contained i~ this easement are for reference purposes only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this easement or any provisions thereof. 25. SPECIAL CONDITIONS: The following special conditions shall apply to this easement: 1. GRANTEE shall not construct any improvements within the easement area described in Exhibit "AN which will interfere with the construction and use of the easement area as a recreational trail. 2. GRANTEE shall be liable for any necessary repairs required due t~ damage caused by traffic and other related usage of the easement area, and GRANTEE .shall indemnify, protect, defend, save and hold harmless GRANTOR and the State of Florida from any and all claims, actions, lawsuits and demands of any kind from said damage. 3. GRANTEE shall install approp~iate trail safety devices and signs alerting both the trail users and the private road traffic of the existence of the crossing and how to proceed through the crossing (i.e., caution, yield, stop, etc.). All signs shall conform to the federal Manual Uniform Traffic Control Devices and State of of Florida and the Traffic Design Standards. GRANTEE shall coordinate with the Office of Greenways and Trails, prior to developing final designs for road crossing, safety devices and signs. GRANTEE'S final construction plans and signs shall be approved by the Off~ce of Greenways Trails. Page 7 of 11 Easement No. ~ IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and year first above written. k4J. ~/' Wi tness . ,,/JR.! L. II flff((. Print/Type Witness Name l\~ Q J\J I witnessd 0 r;- (\ . \ r...T':- ~ <Y\ 0.....,..., Print/ ype Witness 'Name BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By:0 DANIEL T. OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, DEPARTMENT OF ENVIRONMENTAL PROTECTION "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was a~knowledged before me this I~r^ day of IJU~ , 1998, by Daniel T. Crabb, as Chief, Bureau'of Public Land Administration, Division of State Lands, Department of Environmental Protection, as agent for and on behalf of the Florida Board of Trustees of the Internal Improvement Trust fund. He is personally known to me. ~~k~ Notary Pu lie, State of Florida 4f.\:~.. Gary L Helser !':~;'l MY ~ION , CC6111948 EXPtRfS h:. . ,:iI,. ApIII 30. 2001 >:;~Rf..:.~., IlOHCED 1WIJ 1l1ll'/ IAIIlIGUIlNIa,IHC. Print/Type Notary Name Commission Nu~er: Commission Expires: ".. Approved as to Form and Legality By: kfd~' ~ DEP Attor ey Page 8 of 11 Easement No. 30149 STATE OF FLORIDA COUNTY OF SEMINOLE LEFFLER COMPANY, a Florida corporatio;(. ~ By: ~d e ,;'). --//Id /nA;j J( (' ~tc-~ Print/Type Name . Title: nt:'S/{)~ (CORPORATE SEAL) "GRANTEE" The fOreg~nstrument was a~wledg~ ~~~me this ~ay of r' 1998, by tJI"'lf-S . 'e;€-I as ~/~ . of Leffler Company, a Florida corporation, on behalf of the corporation. He/she's personally known to me. Page 9 of 11 Easement No. ~ Notary Name Commission Number: Commission Expires: LINDA, IIOCCS NOJ'AKYPUBUCSTATB a: FLaUDA ~M).CX'ml24 NY CXlMMISSION EXP. OCT. 7:n>> Consented to- by the State of rlorida Department of Environmental Protection,' Office of Greenway,s and Trails on the ~ day of \) .~ Co (I ('ro..~,j 199B. ~ B~ -;#/ ~CL4((( / !?oI?IYJ ll:ufJ9 Print/Type' Name Title: n(ll/J~ /IU~(I/;;, CO'! "Managing AgencyU .... Page 10 of 11 Easement No. 30149 ,,; SKETCH OF DESCRIPTIO. PARCE:L #1 DE:SCRIP nON: Commence at "the Southwesl corner of Lot 7, Block "D", 'D. R, MITCHHL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP. according 10 Ihe pial thereof os recorded in Plot 800k I, Page 5 of the Public Records of Seminole County, Florida; thence run N 8.3'5.3'0.3" E along the' South Iilie of Lots 6 and 7 of said Block "0" for 0 distance of 561.85 feet; thence run S 06'06'5r E for a distance of 5.00 feet to a point on the North Right-of-Way line of the CSXT Railroad os shawn on the right-of-way and Iract mop, Lake Charm Branch, Sheet No. V.30 FLA .3, dated June .30, 7917. said point also being the POINT OF BEGINNING: thence nm N 83'5.3'0.3" E along said North Right-of-Way line for a distance of 28.20 feet; thence run S 39'49'5.3" E for a distance of 48.09 feet to 0 point on Ihe South Right-of-Way line of said CSXT Railroad; thence run S 83'53'0.3" W along said South Righl-of-Woy line for 0 distance of 87. 70 feet; ihence run N 27'43'04" E for 0 distance of 48.15 feet to the POINT OF BEGINNING. ' LOT '0" CH"'se AND COUP NlY's SUBD'IiISlOH or W"'CNCR (plJ 6, PC 64) Lying in Section 36. Township 20 South. Range 30 East, Containing 0.051 acres (2.198 square feet) more or less and being subject 10 any righ ts-.of- way, reslrictions ond eosemen ts of record. :;t" M~ ~~ ~ '" ~~io CD :"~!i~~ -a-'-4~-1 a2~ ... \II pc;; ~~',;; , ,M~ 101:0 '@~ ,.~ ~ J SEcnON .35-20-.30 SECTION .36-20-.30 LOT 5 "0" BLOCK HELL'S SURvEYor PL'" T OF D.R. lA/TeCH lj.l<e ,JtSSUP nie LCV'/' (~:~T PC '1 S L1He LOT G S LINE LOT 7 c, S.X. T, RAILROAD -- STATE ROAD 434 S LINe CSXT R...IUlOIoD peR R/W NlD TRACl( 14...,., UJ(C r:HAA/J BRNlCH SHeeT No. V JO IV. J. D"'TCD 5/JD/ltll SECTION .36-20-30 LECEND: - No lilI. opinion or obslracl 01 moIlers 01l..lin9 tille or boundary 10 /he subjccl properly or those 0' odjoining lond owners hove been provided. /! i. possible Iher. ore deed. 01 record. unre.arded de.d. Of other inslrvmenls which could offe.1 'he baundori.. or use 01 lhe subjecl ploperly. PB - PL'" T BOOK , PC - P"'CC R/Il - R~lROAD . R/W- RIClI1-DI'-wAV I h.,.b~ ee,"')' that this .kelch. .vbjC'ct '0 In.. ,,,,,,crot'. nol.. c.onlain,d hereon. m.." the appl1cobl. 'hlinimtlm Technical S'Gndarda. la' fa"'h by the (lorido l.tgord 01 Prof.nional $"'''')01'1 ond Mappers In r.haple: ~lCI7-S. nallda Administrolin Cod.. pur:;uanl ~D ~.clinrl 472.C21, norido Statutes. DDN"'LO W. M.tHTOSH ASSOCIATES, INt'. ~/'V~- ~~~ =Cl~red SUtwF ond Mcppcr Cerlllicolo No. ~J,g NOT '/AUD UNlESS SEALeD WITH .\.'" eMBOSSeD SCAL ,SURYrYORS NOTES: - NOT VNJD IlITHOUT THC SlCH... TURe "'ND THe ORIClNIoL RNseD SC"'L or A nOR/D'" L1CCIISl:D SVRvEYDR NlD /JAPpeR. - TIllS IS NOT'" SURvEY. - lJCMlNCS aASCO OH THC S L1I1C OF LOT 7 pur or o.R. "'''CHeLL'S SUR'rtY or THe LeVY ClMNT ON L"'Ke .ESSVP ReCOROCD IN PL" T BOOK I PAce" Set.llNOLC COIIHTY, flORID'" AS BCINC 118J'SJ'OJ"C .~ PREPARED FOR: CENTEX HOMES 10 11 9' JW DATE tlY RCVlseD OCSc;RIPnCH , DESCRIPTION RC\-1SIONS ,ACCCSS e"SC/./I:I'IT ACROSS C.s.X. RAILROAO PAnCE:L II A T LOT 6 BLOCK "D" PLA T BOOK I. PAce 5 1.1 DONALD W. McINTOSH ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS 2200 PARK AVENue NOR'lH, 'MNTER PARK. Fl.ORIDA J2789 (407) liH-4068 Tin CHECKED BY; .IIII.IY DA TE: 9/Jo/98 SHEET or DRAWN BY:..:!!!!!!. DA TE: 9/JO/911 Page 11 of 11 Easement No. 30149 CS # 98-458(A 'l.'" ;.~~6: .-::..:~ ........ :~~..... ~~ .~~~ -:J <@l :, I i ,I .' : - l: : I }>:L A T ::; I: . ! :Wr .1J TRACT J ICOIIIIQII ARfAl PLAr ~Tgzc ~s ~ _ Z/ STA. SH"'SO..oo 1~.a:J LTJ WNST. tiES "" INDEx 110. ZlZ fl. ZlJJD --___~~:r------~-~~ EXIST. Z~ CIG BEGIN PROFILE IIATCH EXIST. ST A. Sf6+1lSJJD EL. 2'JJD I-J O.2SDZ REIICNE EXISTING SIDEWALK CDST UNDER 1/0-/-1 REWCA TE SIGNAl. EaJlPJlENT AS NECESSARY. COST UNOCR 999-04 E r I S r. .4 S P HAL r CED , '" "' " " · " "I ~r~" ~~ '" i.";pa..- ~PL PL .j PL PL PL PL PL U II I T 4 PAGES II I'ARtCsrONE PLA.T BO K fiO - It ':2 [) 10 WI JJ6 LOT JJ5 LOT JJJ LOr JR 1 LOr JJ1 . LOT J.JO wr JZ9 LOT JZ8 J Feel I'iI UNE ;;;;"';;;;;';=~l~=t~;~Jif~"t-;;'~~--~-=-ri:.-=-~-~-~-~-i:.-g~;';;';;"-;. ~~;';;';;;;;M~~~';;;W.ii5ii-';'-=.';'-~w= =-;.-=- -,. l-..rt. ~rlU" ~r 10 ~------------------------------------ ~~=;u~;;"";;-1-~if~-='" ~~fi~~i~~~~~-~~~~=~~~~~~~~~~~~~~~~~~~ CJJ/IJlECT TO EltIST. SI'iI :b!2.o fS.o _:=~j~.~i~~~~E:Ei~~~~~~~i~~~~~~~~~~~r~1~~~~JrU ~~~~. i:,! ~"~iV~'" ff.f""el u". w.... ""UU.."",, . 3-.1..:1.-0'1 REvIS IOMS InwoodCONSUlTlNG ENGINEERS Civil . Wrorroental. T ronspvrtotion 3504Ld&a~Orw. s..-4110 Ob-do.Fbtdo3tall ~NcI.7074 SflEET NO. , 01 IP 11>I SBHlNOLB COUN7T IlNGlNBIlRl/VO DIYlSIDN PROJE.ct NAME PRDJEcr 110. PLAN SHEET ST A. $#+.10 TO ST A. 55.fH)() CROSS SEUINOLE TRAIL NORTH PS-59S-D1 21 """-'.,.. .."'Ia>tI4.......Ia:.tS'>cru.u..._.,rrihor,."""~Al!_ . Photos of Seminole Cross Trail Photos of Seminole Cross Trail Photos of Seminole Cross Trail Photos of Seminole Cross Trail Photos of Seminole Cross Trail Photos of Seminole Cross Trail Photos of Seminole Cross Trail Photos of Seminole Cross Trail Photos of Seminole Cross Trail Photos of Seminole Cross Trail Photos of Seminole Cross Trail Photos of Seminole Cross Trail Photos of Seminole Cross Trail STATE OF FLORIDA DEPARTMENT OF TRANSPQRT A TION 850-040.24 SYSTEMS PLANNING 06106 r--. PROPOSED STATE HIGHWAY ACCESS-CC~CTION NOTICE OF INTENT TO ISSUE PERMIT Important: This Notice does not authorize construction to begin and Is not a final permit. ALSO NOTE: THIS NOTICE OF INTENT IS ONLY VALID FOR 1 YEAR FROM SIGNING DATE IN PART 6. PART 1: APPLICANT INFORMATION APPLICATION 06A593-0099 Project Name: AmSouth Bank- Winter SprinQs State Road Name/Number: 434 Section Number: 77070002. MP 0.681 Maintenance Office: Oviedo Maintenance Permit Staff Repre5entatlve Applicant: AmSouth Bank Responsible Office: GreQorv U. Harris Mailing Address: 3000 Galleria Tower, Suite 1600 Binninoham AL 35244 Street City State Zip Telephone: 205-739.2529 PART 2: NOTICE OF INTENT TO ISSUE PERMIT YOU ARE HEREBY ADVISED: The Florida Department of Transportation has completed its review of the subject connection permit Application received 12/22/2006 for consistency with Rule Chapters 14-96 and 14-97, F.A.C., and current Department spacing, location, and design criteria arJd hereby issues this "Notice of Intent" to: o Issue the subject permit consistent with the permit Application. ~ Issue the subject permit consistent with the permit Application and subject to the attached provisions. IMPORTANT This notice of intent to issue a permit does NOT constitute Department permit issuance. The permit will be issued after the permittee shows proof that a valid local government development approval or development order has been given to the sites served by the connection and special provisions of the approval consistent with the permit applications and conditions previously noted. No connection work on the right of way shall be initiated until the Department permit is actually issued. Any changes to the site(s) plan will require re~evaluation of the connection(s). This notice is valid for one year, from the date of issuance, and can only be extended with approval by the Department for problems outside the control of the applicant pursuant to Rule Chapter 14~96, FAC. This Notice of Intent is transferable as specified only in Rule Chapter 14-96, F.A.C. Continued next page RECEIVE.l.J FE.B L' ti -.. Interplan lLC 850-040-24 SYSTEMS PlANNING 061tJ6 r-.. PART 3: CONDITIONS Conditions to be met before Permit will be issued: Standard: 1. Development approval from the appropriate local government consistent with the Notice of Intent to Permit: 2. Assurance of performance pursuant to Section 334.167, Florida Statutes (if required); 3. Notification of all known right of way users affected by the connection(s); 4. Compliance with drainage requirements in Rule Chapter 14-86, FAC. Other Conditions: . Only Standard Condition 1 and 2 apply to this permit. . Assurance of Performance required per Rule 14-96.008(3), copy attached with all options to satisfy the requirement. /'"' Use additional sheet if necessary Continued next page 850.Q.40-24 SYSTEMS PLANNING 06106 ..- PART 4: NOTICE OF DEPARTMENT AUTHORITY 1. All approved connection(s) and turning movements are subject to the Department's continuing authority to modify such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or State Highway System. 2. Transportation Control Features and Devices In the State Right of Way. Transportation control features and devices in the Department's right of way, including, but not limited to, traffic signals, medians, median openings, or any other transportation control features or devices in the state right of way, are operational and safety characteristics of the State Highway and are not means of access. The Department may install, remove, or modify any present or future transportation control feature or devices in the state right of way to make changes to promote safety in the right of way or efficient traffic operations on the highway. PART 5: DEPARTMENT CONTACT NAME: Stan Mann ADDRESS: 2400 Camp Road Oviedo, Florida 32765 - PHONE: 407-977-6530 I PART 6: SIGNATURE OF DEPARTMENT AUTHORITY SIGNATURE OF DEPARTMENT OFFICIAL: PRINT OR TYPE NAME: Stan Mann PRINT OR TYPE POSITION: Permit Manaaer DATE: L -L -07 PHONE: 407-977-6530 Continued next page ,- 850-040-24 SYSTEMS PlANNING 06106 r--. PART 7: APPEAL PROCEDURES You may petition for an administratlve hearing pursuant to sections 120.569 and 120.57. Florida Statutes. If you dispute the facts stated in the foregoing Notice of Intended Department Action (hereinafter Notice). you may petition for a formal administrative hearing pursuant to section 120.57 (1), Florida Statutes, If you agree with the facts stated In the Notice, you may petition for an informal administrative hearing pursuantto section 120. 57(2), Florida Statutes. You must file the petition with: Clerk of Agency Proceedings Department of Transportation Haydon Burns Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 The petition for an administrative hearing must conform to the requirements of Rule 28-106,201 (2) or Rule 28-106,301 (2), Florida Administrative Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m, no later than 21 days after you received the Notice. The petition must include a copy of the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain: ,--. 1. Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known. the name and identification number of each agency affected. if known, and the name, address, and telephone number of your representative. if any, which shall be the address for service purposes during the course of the proceeding. 2. An explanation of how your substantial interests will be affected by the action described in the Notice; 3. A statement of when and how you received the Notice: 4. A statement of all disputed issues of material fact. If there are none, you must so indicate; 5. A concise statement of the ultimate facts alleged, Including the specific facts you contend warrant reversal or modification of the agency's proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal or modification of the agency's proposed action: 6, A statement of the relief sought, staling precisely the desired action you wish the agency to take in respect to the agency's proposed action, If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a written statement for consideration by the Department. Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties, The right to an adminstrative hearing is not affected when mediation does not result in a settlement. Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201(2) or Rule 28-106.301 (2), Fiorida Administrative Code, If you fail to timely file your petition in accordance with the above requirements, you will have waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and final. End --- Chapter 14~96 Page 12 of23 opening, the following traffic study data requirements apply. The specific detail and content of the .'-'raffic study will vary depending upon the existing and projected traffic volumes, highway capacity, levels of service, and safety concerns. Any traffic study (except a cursory analysis, such as an indication of peak hour movements from the applicant's site) must be signed, dated, and sealed by a Professional Engineer registered in the State of Florida. All work submitted by such a Professional Engineer in a traffic study will be reviewed by or under the supervision of a Department Professional Engineer registered in the State of Florida. The traffic study must include: 1. Critical peak hour turn movements from each proposed connection and abutting public road in graphic form. 2. Traffic operations analysis of sufficient depth to analyze the impacts of the development on the surrounding transportation system. 3. An appropriately sized study area and time horizon based upon the type and size of the development. (f) Category C Exemptions. Category C applicants are exempt from some of the requirements listed above if the applicant can show that the information would have no significant bearing on the permitting decision process. Specific Authority 334.044(2), (27), 335.182(2),335.183,335.184 FS. Law Implemented 334.044(14), 334.044(28),335.18 - 335.187 FS. History - New 4-18-90, Amended 7-16-95,1-23-03,12-28-03. r-' 14-96.007 Application Submittal, Review, Approval, and Conditions. (1) Application Submittal. The application shall be submitted to the Department's District Permits Office or to the Department's District Maintenance Office. (2) Application Completeness Review. The Department shall notify the applicant within 30 days of submittal, using State Highway Access Connection Completeness Review, Form 850-040-21, (11/94), if additional information is needed, or if there are errors or omissions. This notification will list those items needed to complete the application, consistent with the requirements of this rule chapter or additional information needed to evaluate the application. If such a request for additional information is given to an applicant within the 30-day period, the application will be deemed incomplete until the additional requested information is supplied to the Department. An application that requires a fee will not be accepted without the fee. (a) Unless otherwise indicated in the notice of completeness review, applicants must provide such requested information within 60 days of the receipt of the Access Connection Completeness Review Form. (b) If the additional information has not been received by the Department within the prescribed time from the date of notification, the application shall be processed based upon the information provided. (c) Ifno additional information is requested during the prescribed 30-day Completeness Review ".-Period, the application shall be deemed complete as of the date the Department received the application. (3) Applicant Time Extension. If the applicant needs more time to provide additional information or correct deficiencies in the application than allowed under this rule chapter, then the applicant may Chapter 14-96 Page 13 of23 request a waiver of the time requirements by stating the reasons in writing on an Applicant Time - Extension Form, Form 850-040-22, (04/93). (4) Technical Planning and Engineering Sufficiency/Compliance Review. The applicant will be notified within 90 days of receipt of a complete application, receipt of all required information, or expiration of the time period for receipt of additional or corrected information. The notification will incl ude the Department's decision of approval or denial of the application. (a) Notice of Intent to Issue Permit. The Department shall send the applicant a Proposed State Highway Access Connection Notice of Intent to Issue Permit, Form 850-040-24, (09/02), if either: 1. The Department determines that an application is consistent with Rule Chapters 14-96 and 14-97, F.A.C., and there is no need to exceed the minimum standards as stated in Section14-97.003(l)(e), F.A.C.; or 2. The Department determines that an application is not consistent with Rule Chapters 14-96 and 14- 97, F.A.C., but that denial of a connection would be denial ofreasonable access and that such a connection would not jeopardize the safety of the public or have a negative impact upon the operational characteristics of the highway, consistent with Rule 14-96.007, F.A.C. (b) Direct Permitting. If an applicant provides an application that otherwise meets all the requirements of Rule Chapters 14-96 and 14-97, F.A.C. and the Department is not imposing any additional conditions, the Department will issue a permit. -- (c) Notice of Intent to Deny. The Department shall send the applicant Proposed State Highway Access Driveway/Connection Notice of Intent to Deny Permit, Form 850-040-23, (09/02), if the Department determines that an application is not consistent with currently adopted Department rules anq design standards or additional site specific operations and safety concerns as stated in Rule 14-97.003(1)(e), F.A.C., apply, and: 1. The Department determines that denial of a connection would not be a denial of reasonable access; or 2. The Department determines that denial of a connection would be a denial of reasonable access but that a connection would jeopardize the safety of the public or have a negative impact upon the operational characteristics of the highway. (d) Additional Connections. When an applicant seeks a permit for additional or alternative connection (s) the previously permitted connections are presumed to provide reasonable access to the State Highway System unless the property owner shows: 1. That there has been a change in the use of the property from that reflected in the application(s) for the previously approved connection(s), which change has or will cause an increase in the trip generation (peak hour or daily) of the property exceeding 25 percent more than reflected in the prior application(s), and that such change in use and increase in trip generation was not reasonably foreseeable at the time the application(s) for the previously approved connection(s) was filed; or 2. That circumstances relating to traffic safety and efficiency, outside the control of the permittee, havc arisen that were not reasonably foreseeable at the time of approval of theconnection.s that prevent the connection(s) from providing reasonable access to the highway. Chapter 14-96 Page 14 of23 (e) Agreements made after Proposed State Highway Access Driveway/Connection Notice ofIntent to --')eny Permit, form 850-040-23, (09/02), is issued. If an agreement is made between an applicant and the Department which will allow the Department to approve a connection, this agreement will not be effective nor supersede the Proposed State Highway Access Driveway/Connection Notice ofIntent to Deny Permit, Form 850-040-23, (09/02), unless it is in writing, executed by the applicant and the Department, and appropriate revisions are reflected on signed and sealed construction plans before the time period allowed for a denial challenge has expired. The agreement will completely describe the mutually agreed access plan. (5) Conditions of the Notice ofIntent to Issue Permit. The Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, (09/02), shall set forth all conditions not otherwise required by this rule chapter for issuance of a permit and maintenance of the cOlmection(s). The notice will specify which of the conditions set forth in the notice must be met before issuance of a permit and those that must be met after the permit is issued. (a) Not a Permit. The Proposed State Highway Access Driveway/Connection Notice ofIntent to Issue Permit, Form 850-040-24, (09/02), does not authorize the initiation of connection construction within the Department right of way but acknowledges completion of the Department review and indicates the Department's intent to issue a permit upon compliance with the conditions stated in the Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, form 850-040-24, (09/02). (b) Time Period. A Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, (09/02), is valid for one year and may not be revoked during that period, provided that no material change has occurred in the proposed development or traffic characteristics on -"l-je abutting State Highway System. The Proposed State Highway Access Driveway/Connection Notice Jf Intent to Issue Permit, Form 850-040-24, (09/02), may be extended, upon Department approval, upon a showing of good cause by the applicant (such as weather delays, natural disasters, governmental entity coordination delays, or other technical problems not within the control of the applicant). A Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, (09/02), may be assigned to a purchaser or new occupant within one year of issuance if there is no change in the land use or in the site plan and the Department is notified of the reassignment by the original applicant. (c) Standard Conditions. The following standard conditions will apply to all Proposed State Highway Access Driveway/Connection Notice ofIntent to Issue Permit, Form 850-040-24, (09/02), before a connection permit can be issued: 1. Development approval from the appropriate governmental entity consistent with the Proposed State lIighway Access Driveway/Connection Notice ofIntent to Issue Permit, Form 850-040-24, (09/02); 2. Assurance of performance pursuant to Section 334.187, Florida Statutes. 3. An indemnity agreement shall be executed by the applicant wherein it is agreed that the Department shall be indemnified, defended, and held harmless from any and all claims, demands, costs, or expense for loss, damage, or inj ury to persons or property of the other caused by I arising out of, or resulting from: .--. . a. Any act or omission by the applicant or the applicant's contractors, agents, servants, or employees In connection with any construction activities undertaken pursuant to the connection permit. Chapter 14-96 Page 15 of23 b. The negligence of the applicant or negligence of the applicant's contractors, agents, servants, or ,-.... . ~mployees. c. Any other event or act that is the result of, or proximately caused by, the applicant or the applicant's contractors, agents, servants, or employees in constructing or maintaining the connection or any other features. 4. Compliance with drainage requirements in Rule Chapter 14-86, F.A.C.. 5. Special requirements added to promote safety and efficiency. 6. Liability Insurance For All Category C, 0, E, F, and G Permits. Before construction is to begin, the applicant shall deliver to the Department proof of insurance verifying that the applicant or the applicant's contractor has coverage under a liability insurance policy issued by an insurance company authorized to do business in the State of Florida naming itself as insured, and the Department as an additional named insured, which policy shall contain contractual endorsement specifically covering the liabilities arising from the indemnity agreement. a. The policy shall provide public liability insurance, including property damage, in the amount of $500,000 combined single limit for each occurrence. b. The above required policy shall be endorsed with a provision requiring the insurance company to notify the Department 30 days prior to the effective date of cancellation or of any material change in the ,_'policy if the change occurs during the construction period. c. The applicant shall pay all premiums and other charges due on said policy and keep said policy, or a materially identical replacement policy, in force to insure the entire period of construction of the COlUlection. (6) Issuance of Permit. A Driveway Connection Permit for All Categories, Form 850-040-18, (04/03), will be issued after the applicant provides satisfactory evidence of compliance with all conditions that must be met before issuance of a permit. A permit shall be subject to all the conditions set forth in the Proposed State Highway Access Connection Notice ofIntent to Issue Permit, Form 850-040-24, (09/02). A permit authorizes construction for one year from the date of issuance and expires if construction ofthe connection is not completed within that period. (a) Failure to Comply. If the Department determines that the applicant has failed to comply with all conditions required prior to the issuance of a permit, it shall notify the applicant that the Department will not issue a permit and specify the conditions that have not been met. Notice of the Department's intended action will be provided in accordance with Rule Chapter 28- 106, F.A.C. The Department's action will become final unless a timely petition for a hearing is filed in accordance with Rule Chapter 28-106, F.A.C. In order to be timely, the petition must be filed with the Department's Clerk of Agency Proceedings within 21 days after receipt of the Department's notice, in accordance with Rule Chapter 28-106, F.A.C. (b) Permit Time Extension. The permit will be extended beyond the one year time limit (only with ...-Dcpartment approval) for good cause, such as weather delays, natural disasters, governmental entity Jordination delays, or other technical problems not within the control of the permittee. (7) Concurrent Governmental Entity Review. Nothing contained herein shall preclude concurrent Chapter 14-96 Page 16 of23 review of the permit application by the Department and governmental entities. .--.. (8) Permit Conditions. Failure by the applicant to abide by the permit conditions that are applicable after permit issuance shall be just cause for the Department to order alteration of the connection, or to revoke the permit and close the connection at the expense of the applicant, subject to the provisions in this rule chapter, or for the Department to have the necessary modifications made and seek payment from the applicant. The permit requirements shall be binding on the applicant, the applicant's successors, heirs, and assigns, the permit application signatories, and all future owners and occupants of the property. The Department may require permits to be recorded in the public records with the legal description of the property when cross or joint access exists, when permit conditions requiring future performance by the permittee exist such as installation of traffic control features or devices, or when other conditions warrant recording. (9) Government Owned Rail or Non-Highway Use Corridors. Corridors including separate pedestrian trails, bike trails, current or abandoned exclusive bus or transit corridors, current or abandoned rail corridors, or waterways, are not part ofthe State Highway System and are not subject to the provisions of the Access Management Act, Sections 335.18 - 335.188, Florida Statutes. These corridors, that abut the State Highway System, are considered intervening property and property on the other side of such a corridor will not be considered to be abutting the State Highway System. Action will be taken under Rule 14-96.011, F.A.C., to modify an existing connection across a corridor if it interferes with the safe or efficient operation of the corridor or State Highway System. Specific Authority 334.044(2), 334.187(4), 335.182(2), 335.183 FS. Law Implemented 334.187, 335.181 - 335.1825, 335.184, 335.185 FS. History. New 4-18-90, Amended 7-16-95, 6-24-99, 1-23-03, .....--.. 2-28-03. 14-96.008 Construction and Maintenance of Traffic Requirements. All construction and maintenance on Department right of way shall conform to the Federal Manual on Uniform Traffic Control Devices (MUTeD), incorporated by reference under Rule 14-15.010, F,A.C. All construction and maintenance on Department right of way shall also conform to the Department's Design Standard~, January 2002, Topic #625-010-003; the Standard Specifications/or Road and Bridge Construction, 2000 Edition, the Department's Plans Preparation Manual, January 2003, or other generally accepted professional practices. With the exception of the MUTCD, which already is incorporated by reference under Rule 14-]5.010, F.A.C., the manuals and standards specifically listed in this section are hereby incorporated by reference and made a part of the rules of the Department of Transportation. (I) Disruption of Traffic. For safety and operational purposes, the Department may require or restrict hours of construction to minimize disruption of traffic on the State Highway System. When construction activity on a connection causes undue disruption of traffic or creates safety hazards on a state highway, the District Secretary or designee shall advise the permittee of the need for immediate corrective action by a specified time, and may issue a stop work order if deemed necessary. (2) Connection Completion Time Limit. Construction shall be completed within one year of the date of issuance of the permit. Failure to comply with the one year time limit shall result in an automatic expiration of the permit unless extended by the Department as described in Section 335.185(2), Florida Statutes. A stop work order may be issued by the Department if work exceeds the imposed time restrictions. For any permit which expires for failure to construct the connection within the one year '--.~mit, the applicant shall submit a new application, including the payment of the required application fee prior to the initiation or continuation of any construction. Chapter 14-96 Page 17 of 23 (3) Assurance of Performance. Assurance of performance pursuant to Section 334.187, Florida '-"-;tatutes, will be required if the permit requires extensive work within the right of way, such as auxiliary lanes, median modifications, relocation of structures, or traffic signals. (a) Prior to the issuance of a permit, the applicant shall provide a security instrument in the estimated dollar amount of the improvements in the right of way. The Department shall be named as the beneficiary. The security instrument shall be provided to the Department before the permit is issued. The security instrument shall be valid for a sufficient time to cover the construction and inspection of the permitted work, but for not less than 18 months. -<. - (b) The applicant shall provide the estimated cost of improvements on right of way in a document signed, sealed, and dated by a Professional Engineer registered in the State of Florida. (c) Security Instrument Receipt, Form 850-040-20, (04/93) must be used. <. - (d) Such security instruments shall be required except when a performance bond covering the work on the right of way is included as part of the bond necessary for development approval by the local governmental entity and the Department is a named beneficiary. (e) The Department will waive the security instrument requirement when there is an agreement with the local governmental entity to withhold the certificate of occupancy until problems are corrected and there is no indication that the requirements of this rule chapter will be violated. __ (f) The Department shall require a security instrument for any connection or access feature, . onstruction, or permit activity if the activity is in relation to: 1. An unpermitted connection that is going through the process of becoming permitted; 2. The correction of a safety hazard caused by activities on the property; or 3. Modification of an existing connection or traffic control feature or device as per Rule 14-96.011, F.A.C., for changed conditions on the property. (g) The security instrument will be returned to the applicant when final inspection by the Department shows that the work has been completed as permitted. (4) Posting of Permit. The approved connection permit shall be displayed in a prominent location in the vicinity of the connection construction. (5) Traffic Signals and Other Traffic Control Devices. Such devices, installed by a applicant, shall conform to the MUTCD and Department design and construction standards. The applicant is responsible for securing any additional permit or governmental entity approval needed for traffic signalization and regulatory signing and marking. (6) Professional Engineer Statement of Construction for Extensive Roadway Construction or Large Developments. If the permit requires extensive work within the right of way, such as auxiliary lanes. ..-."edian modifications, relocation of structures, or traffic signals, a statement from the project's rofessional Engineer will be necessary, The applicant will provide documentation by a Professional Engineer registered in the State of Florida that construction was accomplished in accordance with the requirements set out in the permit. This documentation shall include a statement that necessary STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SECURITY INSTRUMENT RECEIPT 850.040.20 SYSTEMS PLANNING 04/93 ,-.... 2PLlCA TION NUMBER: PART 1: PERMITTEE INFORMATION Name of Applicant: Name of Authorized Agent: Name of Organization: ,. Mailing Address: It Telephone: ConsultanUEngineer/or Project Manager: Address: Telephone: FAX, Mobile Phone, etc. PART 2: ESTIMATED COST OF CONSTRUCTION ON RIGHT.OF.WAY Signature Date 'OST ESTIMATES $ PLEASE ATTACH ALL CALCULATIONS Estimated by: NAME (Printed or Typed) NOTE: Must be estimated by a Professional Engineer registered in the State of Florida PART 3: SECURITY INSTRUMENT RECEIPT CERTIFICATION Received by Florida Department of Transportation: Signature Date Person Accepting Performance Bond returned by Certified Mail (Receipt of Certified Mail Attached): Date Person Processing Signature PART 4: INSPECTION VERIFICATION ~ignature of Staff Date: I ATTACH INSPECTION DOCUMENTATION OrTI C).J I PERMIT PERFORMANCE AND PAYMENT BOND BY THIS BOND, We, , as Principal and State of Florida, Department of Transportation, herein call,ed Obligee, in the sum ofS , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF TIDS BOND is that if Principal:' -. '" . 1. Performs under Permit Number ' dated to ~~incipal from obligee ,for construction ofiniprovements in the State Road Right-of- Way, the permit iuid all supporting documentation associated therewith being made a part of this Bond by reference, at tbe times, under the conditions, and in the manner prescribed in the permitj and 2. Pays Obligee all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Obligee sustains because of a default by Principal under permit, then this Bond is voidj othenvise it remains in full force. r-- Any changes in or under the permit and associated documents and compliance or noncompliance with any formalities connected with the permit or the changes does not affect Surety's obligation under this bond. DATED ON (SEAL) (SEAL) (Print Name of Principal) (Print Name of Surety) By: (Signature) (Signature) (Print Name of Signatory) (Print Name of Signatory) As Attorney-in-Fact under Power of Attorney Dated~ Attest: (Secretary of N otnry) (Signature of Resident Agent) Witness '- Witness o fTI O)J 1 -. IRREVOCABLE STANDBY LETTER OF CREDIT ISSUER: PLACE FOR PRESENTATION OF DRAFT(Name and Address of Bank/Branch .- MUST be FLORIDA Bank/Branch) . APPLICANT: BENEFICIARY: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION OFFICE OF COMPTROLLER MS 24, 605 SUWANNEE STREET TALLAHASSEE, FLORIDA 32399 LETTER OF CREDIT NUMBER: PLACE AND DATE OF ISSUE: AMOUNT: EXPIRATION DATE: (Initial period minimum 18 months for permits) ,- The Issuer hereby issues this Irrevocable Standby Letter of Credit in favor of the State of Florida, Department of Transportation, for any sum or sums up to the aggregate amount of _ (spell out dollar amount) United States Dollars ($ ), available by draft at sight drawn on the Issuer. Any draft under this Credit shall: 1. Identify this Irrevocable Standby Letter of Credit by the name of the Issuer, and the Letter of Credit number, amount, and place and date of issue; and 2. State one of the following: "This drawing is due to (Applicant's name) perform certain obligations under an agreement # or Contract # as applicable) between and the State of Florida, Department of Transportation." failure to (include Permit #, Project (Apolicant's name) or "This drawing is being made because the Issuer of the Letter of Credit upon which draft is made has failed to maintain the financial or organizational requIrements established in Rule 14-116, Florida Administrative Code." or "This drawing is being made because we have been notified that the Letter of Credit will not be renewed beyond the current expiration date and a satisfactory replacement has not been provided as of 14 days prior to the current expiration date." . All drafts will be honored if presented to (FLORIDA Bank/Branch - Name & Address) O'3.oS ,--. on or before (Expiration Date) or any extended expiration date. This Letter of Credit shall be automatically extended for successive periods of one year, without amendment, from the stated expiration date and each extended expiration date unless we send the State of Florida, Department of Transportation written notice of our intent not to renew the credit; which notice must be sent at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term, by registered or certified mail, to the Comptroller of the Florida Department of Transportation at the Office of Comptroller, Mail Station 24, 605 Suwannee Street, Tallahassee, Florida 32399, or any other address specified in writing by the Comptroller, Florida Department of Transportation. Notice to the State of Florida, Department of Transportation that this Letter of Credit will not be renewed, shall be deemed a default. This Letter of Credit is subject to the rules of the "International Standby Practices" ISP98, if a conflict between ISP98 and Florida law should arise, Florida law shall prevail. Issuer: By: (Authorized signature of Issuer) --- ,..-. 'Chapter '14-116 Page lof2 .,--., f~~ ...T:t}-.......... I .--""-'---.- , I ~--'--"'-'''-_._'--'--1 h)l---'---' 8------1 L~:..___Bac:~__J L::i.~~j:.. Next I .-.( I I I I I I I I I. I I I I I I I I I ... LETTERS OF CREDIT 14-116.002 letters of Credit. 14-116.002 Letters of Credit. (1) Purpose. This rule establishes the requirements of the Department of Transportation Comptroller for the approval of letters of credit, which are provided by a financial institution at the request of the applicant/service provider/contractor. (2) Qualifications of Banks or Savings Associations Providing Letters of Credit. (a) The letter of credit provided by the financial institution at the request of the applicant/service provider/contractor shall be issued by banks or savings associations which ,.P'IJst: 1. Be organized and existing under the laws of this state; 2. Be organized under the laws of the United States and have its principal place of business in this state; or 3. Have a branch office which is authorized under the laws of this state or of the United States to receive deposits in this state. 4. Document and maintain a net worth at least 30 times the value of the letter of credit. Documentation must include a copy of the prior year end and all current year quarterly financial statements; however, if no reports have been filed for the current calendar year, all quarterly reports for the prior calendar year must be submitted. To satisfy this documentation requirement, the applicant/service provider/contractor will be responsible for requesting the bank to submit copies of Consolidated Reports of Condition and Income (more commonly called the "Call Report") to the Department. In the case of savings associations, the applicant/service provider/contractor will be responsible for requesting the savings association to submit copies of the savings association's Thrift Financial Reports to the Department. ,'-'" 5. Have and maintain an average financial condition ranking of 35 or more from two Jtionally recognized financial rating services, compiled quarterly by the Department of Insurance, Division of Treasury. (b) In the event the required average financial condition and net worth of the financial . Chapter'14-116 Page 2 of2 ~itution are not maintained, the Department shall notify the applicant/service , Niderjcontractor of such noncompliance. Within 30 days after receiving the notice of noncompliance, the applicant/service provider/contractor shall cause to have provided to the Department a substitute letter of credit, with an institution meeting the requirements of this rule. (3) Requirements of Letter of Credit. Letters of credit shall be solely for the benefit of the Department. Letter of credit language must be approved by the Department's Comptroller and must include, at' a minimum, the following: (a) The expiration date of the letter of credit shall be automatically extended without amendment, for one year from the expiration date unless otherwise authorized in writing by the Department. An extension shall be granted unless such extension would exceed the time limit set forth in Section 337.106, Florida Statutes. If the letter of credit is not automatically extended for such additional one year period, at least 30 days prior to the expiration date then in effect, the bank or savings association shall notify the Department by registered or certified U.S. Mail, postage prepaid, return receipt requested. This notification shall be sent to the Florida Department of Transportation, Office of Comptroller, 605 Suwannee Street, Mail Station 24, Tallahassee, Florida 32399-0450, or to any other address specified in writing by the Comptroller, Florida Department of Transportation. [b) If notice is given that the letter of credit will not be automatically extended and if the r- rpose for which the letter of credit was issued still exists, the Department shall draw down uny remaining balance on the letter of credit unless a substitute letter of credit meeting the requirements of this rule is provided at least 14 days prior to the final expiration of the letter of credit for which the substitute letter of credit is being provided. (c) Once it is determined by the Department that the average financial condition ranking of a financial institution is less than 35, the Department will notify the financial institution and the applicant/service provider/contractor by registered mail that if a substitute letter of credit is not received within 30 days of notification, the Department shall draw down any remaining balance on the letter of credit if the purpose for which the letter of credit was issued still exists. (d) The letter of credit must provide for draws to be made on a bank or savings association located in the state of Florida. (e) Letters of credit provided in lieu of professional liability insurance must remain valid for the time period specified in Section 337.106, Florida Statutes. Specific Authority 334.044(2),334.187(4) FS. Law Implemented 334.044(28), 334.187, 337.106, 337.175 FS. History New 3-23-93, Amended 8-24-93, 10-11-94, 10-5-97. r- -< I I I I I I I I I -I I I I I I I I--+-'l"- Last c hanged: October 02, 2003 OpTIGfJ '] ..-- STATE OF FLORIDA DEPA..~TNENT OF TRA:.'lSl?ORTATION PERFORMANCE SECURITY AGREEMENT (CHECK OR MONEY ORDER) BY THIS AGREEMENT, . (Entity Name) , a (n) . (Nature of Entity), located at "(Address)', hereinafter referred to as the "Permit teen, hereby grants to" the Florida Department of' Transportation, hereinafter referred to as the "Department", a security interest in Cashier's Check, Bank Money Order, Certified Check, or Postal Money Order No. dated , drawn on payable to the Department, in the amount of ), hereinafter referred to"as the "Collateral". , (Bank Name) , Dollars ($ ..... The Collateral shall secure the full and permit issued to the Permittee by the ~epartment , Road Section No. . work described as: hereinafter referred to as the "Permit" (said term to include all said permit as well), under the following terms and conditions: timely performance of the Permittee under the identified as Permit No. , dated County, for the supplements and amendments to. 1. The Collateral will be held in the possession of the Department pending default by the Permittee or full and timely completion of the work under the Permit. 2. Upon final acceptance by the Department of the WO:K to be performed under the Permit, ~- the Collateral will be returned to the Permittee. 3. If the Permittee defaults in performance of. any of the work under the Permit, the Department may deposit the collateral in the St.ate Transportation Trust Fund. The negotiation of the Collateral by such a deposit shall be deemed to be a commercially reasonable disposition of the collateral and Permittee hereby acknowledges that such a disposition is through a recognized market in "Ihich such types of collateral are customarily disposed of. The Department may then use the amount of the dep osit received through such negotiation t.o offset any and all damages that the Department may suffer as a result of the default then occurring or any future default of the Permittee, plus any and all costs, expenses or charges which the Department is allowed by law to collect. The Permittee shall remain liable for any deficiency in the amount of the Collateral. 4. vrithin 90 days of finalization of all damages suffered by the Department for all defaults of the Permittee under the Permit, the Department will account to the Permittee for the amounts offset and will return to the Permittee any remaining amount not offset. 5. The Collateral shall not secure any payment obligations of the Permittee to any third parties except to the extent that the Department has made payments to such third parties and no third party shall have any claim of any nature "whatsoever to the Collateral or the proceeds of the disposition thereof as a result of this Agreement or the Permit. Dated this _____ day of r- (Entity Name) ;t". ., ,; () P7H))J \..} .--.. ;1- RES 0 L UTI 0 N ON MOTION of Commissioner , seconded by Commissioner , the following Resolution was adopted: WHEREAS, the State of Florida.Department of Transportation has, pursuant to Ru:)..e 14-96.008(3)"(e) of the Florida Administrative Code, requested the to agree to withhold the certificate of occupancy for any real property improvement within its jurisdiction until all requirements of any access permit issued by the State of Florida Department of Transportation under Rule Chapter 14-96 of the Florida Administrative Code have been fully and properly complied with; and WHEREAS, it has been determined that it is in the best interest of the and the public to agree to that request in'order to promote economic development; "..-' NOW THEREFORE, BE'IT RE$OLVED by the Board of Commissioners of , that the certificate of occupancy for any real property improvement within its jurisdiction be withheld until all requirements of any access permit issued by the State of Florida Department of Transportation under Rule Chapter 14-96 of the Florida Administrative Code have been fully and properly complied with; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation. STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of Commissioners of , Florida at a meeting held on the day of , 199 ,,--. Clerk, Board of Commissioners , Florida /1 21 '- )16 - 'J) I ') ... -1'- SEMINOLE COUNTY, ENGINEERING DIVISION CONSTRUCTION APPLICATION I PERMIT DIRECTIONS: Legibly complete application as required. Submit this 4-page form with 2-sets of detailed construction plans. See conditions on reverse of this permit. For assistance, contact the Seminole County Engineer. Section I APPLICAN INFORMATION . tili~ Name: \~~~\c~~~ Phone Number: Lto ~ # 24/7 Emergency No, Section II PROJECT INFORMATION RIGHT-Of-WAY CONSTRUCTION - ~ EASEMENT CONSTRUCTION - 0 (All construe/ion a<'tivity withill Seminole County Public Righls-oj:Way/Ea.remenls that require an M.o. T.. excavation, restoration or system upgrade/repair), LOCATION O"RO"'SEO CONSTRUCTION, ~f, 0. '2> 12 Lj '" y \> G {I::::()e 6 ) vel Section ,~- &P Township 2DS Range ~6 DESCRIPTION OF PROPOSED CONSTRUCTION: Bore - County Paved I Stabilized Roadway Bore & Jack Total No, Directional Bore Total No, Open Cut- County Paved I Stabilized Roadway Paved Total No, Stabilized Total No. Pole Installations Total No, Poles Used/Upgrade _ Total No. Emergency Repairs - 0 ........................................................................................................................................................................................................................................................................... Trench Lf Width__Ft. Rcsidcntial Driveway - 0 Landscaping I Irrigation - 0 Blo~kllmp~de Pedestrian Or V~hicl~ Traffj~ (Note: Ij pedestrian trafJie is afjected wilhin{!)pile radius ola school. applicant agrees . to coordinate with school officials) -~ D2P~~t:'fRCONSTRUCTI0N 1:>,\V'{'~~ (\~lAC'~ ~ ~(,+ _~\ 0+ -O,...~. . -:t- nA'[)~~~.lL<:J ~~ _ r()~~_~(Y\lrplp ( I I * Section III LOCATION OF EXISTING UTILITIES I 1\APPlicant agrees all existing utilities/facilities shall be located, exposed and verified prior to construction - WATER ELECTRIC SEWER CATV TELEPHONE OTHER GAS GAS Location Request ID NO~(ReqUired Information/or permit Processing) THE SEMINOLE COUNTY ENGINEER MUST BE CONTACTE~ ~';tv~~ OF 14 HOURS AND A MAXIMUM OF 48 HOURS PRIOR TO BEGINNING ANY CONSTRUCTION. Section IV ENGINEERING/CONTRACTORAND/OR OWNER AUTHORIZED AGENT SIGNATURES I/We Represent That The Above Statements And The Information. Statements And Presentations On Materials Sabmined Herewith Is True. I/We Are Providing These Matters To Induce Seminole County To Issue A Construction Permit. I1We Agree With All Conditions Imposed By Seminole County. TITLE Dale: / / ~ . (1...,- ' .l..... - - - ~ OJ,,, ~N2jN~E~ONTRACTOR TITLE t'f::'t In J I- '-(JO lrd V'Ip ua OalcQL / n / 20D 7 r....::JU.Cf. ~~ SIGNATURE OWNER/.AUTHORIZED AGENT V Section V PERMIT ACTION APPROVED -~. APPRQVED WITH SPECIFIC CONDITIONS - 0 f kr 'G.,,"lI<.,,\ v,e./..{ DENIED - 0 e (""Len ( PERMIT NO. 8177 fR.. / APPROVAL DATE:!IJL /~ / APPLICATION APPROVED BY: NoD CONSTRUCTION START DATE: CONSTRUCTION COMPLETION DATE:_ / _ INSPECTOR: INSPECTOR: White - Project File .. 1 Yellow - Finance File / ./ .r Pink - Inspection File /#'/ ~ ~licant P:!ge I of I . Williams, Randy Sent: To: Cc: From: Martin, David Friday, March 09, 2007 2:28 PM Williams, Randy Rick Krietemeyer; Greg Neblock; Heidi Rhodes; Khoury, Antoine; PBS&J Caballero, Javier; Matheny, Cindy; Groeneveld, Skip; Lichtenheld, Mark; Miller, Heidi Subject: Trail Crossing Approval. AmSouth Bank - S.R. 434 & Parkstone Blvd., Winter Springs Randy: AmSouth Bank - S.R. 434 & Parkstone Blvd., Winter Springs Trail Crossing Construction Plans (3-7-07) Are Approved for Permit with the following Special Conditions: 1. The trail crossing the entrance drive needs to be constructed according to the trail crossing detail (1) on sheet C1.1 with 6" thick concrete with 4' wide medians dividing the 14' wide trail into two 7' wide travel lanes. The medians shall have openings that align with the sidewalks which shall be 6' wide. 2. There is an existing OBI identified on our construction plans for the trail approximately 15' east of the eastern MES. It is probably a yard drain or small inlet that is covered. The 081 you referenced as :!:638.35' east of the MES has a 12" or 10" pipe invert to the west with flow. Please add note to plans saying if the inlet or pipe is damaged during construction it shall be repaired at the contractor's expense. Thanks. David W. Martin, P.E. Principal Engineer, Public Works Department Engineering \ Special Projects Section Seminole County Government 520 W. Lake Mary Blvd., Suite 200 Sanford, Florida 32773 Office 407.665-5610 Fax 407-665-5772 DMartin02~~minolecountyf1.gov www.seminolecountyfl.Qov 3/12/2007