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Home My WebLink About2003 03 10 Regular E Revised Nguyen Development Agreement 031003 Commission Meeting Regular "En 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. CONSIDERA TIONS: 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 "En Revised Nguyen Development Agreement Page 2 Of2 FUNDING: Not Applicable. RECOMMENDATIONS: It is recommended that the Commission approve the attached Development Agreement with Chanh Nguyen as amended. A TT ACHMENTS Amended Development Agreement COMMISSION ACTION: Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; Mar-3-03 4:29PM; Page 2 DRA!''r 03-03-03 Prr::parcxl by and return to: Anthony A. Oarl!anosc, Esquire Brown, Word, Sallffi1811 81: Wr::iss, P.A. Post Office Box 2873 Orlando, Florida 32802.2873 (407) 425-9566 . DEVELOPMENT AGREEMENT TffiS DEVELOPMENT AGREEMENT (herein referred to as the "Agreement"), made and executed this _ day of . 2003, by and between the CJTY 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 WIlEREAS, 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 Prot~ction 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, 59 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 th~ 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 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:29PM; ~ 03-03-03 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Agreement. 2.0 Jntent and PurRose. The intent and purpose of this Agreement is to pennit 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 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 <tB," 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 tht: 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 62-70 1.200( 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 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, andL l'nge 2 of II Page 3 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:30PM; Page 4/12 D:RAJ!".r 03-03-03 such other matters reasonably required by the Chy. The constructiun trailer and/Of 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 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 land fin operatiuns 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 pennits. 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 oftime approved by Seminole County for use of the Cross Seminole Trait, or one (1) year from the effective date of this agreement whichever shaJI come first. 5.8 Owner shall fully comply with the fill procedures set forth in Paragraph 6.0 and tl1e other terms and conditions set forth in this Agreement, Q.O Fill Pro(!edur~. Prior to any debris being dumped. placed or located within the landfill area (pond). Owner shall contact the City for 8Jl inspection of the debris . If saie! debris satisfies the conditions.set fortb in Paragraph 5.2 of this Agreement, the City shall issue a pennit authorizing the placement ofthe 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 Pro.perty 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 a~(lunt prior to any landfill ooer8tio05 commencing on the Property. The escrow accoyp,t sh~l remain open until the Agre~ment Pll~C 3 of II Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; Mar-5-03 1:20PM; Page 2/2 DRAFT 03-03-03 terminates. At such tim,e the escrow account is depleted to $100.00. the Owner shall replenish the escrow account balaQC~ so that the balance equals at kl!l.s1 $500. The City shall have the right to draw from the escrow account t~ pay for all pcrmit fees Qr liquidated damages imposed by this Agreement. If any escrow account balance remains at the termination ofthis ABreement. sakI balance shall be applied to pay any other fees or liquidated damages that Owner owes the City. Any remaininlo! 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 shalt 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 Dorrow Pit has been completely filled) and the Property has been graded in accordance with Paragraph .J:3.14.0 of this Agreement. The fence shall not be installed until the City approves the fence permit application +,!i.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 SeminoJe County with access from State Road 434 and via the "authorized d,~1i.very 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. 82.0 Hours or Ooeration. In carrying out the landfill operations; Owner shall operate only during 'lIeekdays between the hours 6f7:00 a.m. to 5.:00 p.m., unless the City's City Manager grants a temporarj.exceptioH m. '..;riting rer good reasons-demonstrated by OwAtfl' conduct storage. maintenance, IUld administrative activities between the hours of6:00 a.m. an<J..~:OO p,m. daily on the Propertv. However. the delivery of debris to the Property shall be strictly limited to between the hours 0[7:30 a.m. and 1 :00 p m._ and between 3:00 p.m. and 5:30 p.m.. Monday through Friday. In addition. Owner shaH 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. Poge 4 of 11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3.03 4:30PM; Page 6/12 DJl.UT 03-03-03 9l.Q.O Truck Requirements. Owner shall require that aU trucks delivering materials to and from the Property shall abide by the following requirements: 9l.Q.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 inunediately picked up by the trucking company or the Owner. If the trucking company or the Owner fail to pick up the debri!oi, Owner agrees to reimburse the City for all costs incurred by the City to clean- up the debris. Th~ 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. Wll.O P~rformance Bond. Owner shall provide a Twenty-Five Thousand and no/100 ($25)000.00) Dollar performance and payment bond or letter of credit to the City which shall insure that the Owner complies with all of the terms and conditions of this Agreement. .w ll. 1 The bond or letter of credit required by this paragraph shall be issued by a surety or financial illstilution deemed acceptable to the City. The bond or letter of credit shall remain continuously in effect during the term of thi!oi Agreement, and any extensions thereto, and also remain in effect at least six (6) months after the tennination of this Agreement. The bond Or Jetter of credit shall be in a form acceptable to the City. All bonds or letters of credit signed by an agent must be accompanied by a certified copy of such agent's authority to act. 1011.2 If the surety or financial institution furnishing the bond Or letter of credit to the City is declared bankrupt or becomes insolvent or its rights to do business are tenninated in the State of Florida, or ceases to be acceptable to the City, Owner shall within ten (10) days thereafter substitute anolher bond and surety I' age: 5 or 11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:31PM; Page 7/12 D:aAJI''r 03-03-03 or letter of credit issued by a financial institution, which mu~t be acceptable to the City, or other types of security reasonably acceptable to the City. -H-12.0 Susnension and Revocation. This Agreement and the permit granted heremunder is subject to suspension and/or tennination by the City> upgn written notice to Owner, at any time for the failure of Owner and Owner's agents and contractors to comply with the terms and conditions herein. Upon sullpension or termination. Owner shall immediately cease and desi~t all !~dfill operations permitted under this Agreement. Iflandfill o.perations have been suspended, such 9~er!tion$ may only resume at such time as Owner has completed appropriate remedial actions to the complete satisfaction orthe City. .:.l-:2ll.0 Notice to Contractors. Owner shall be required to provide all contractors and agents with notice of the terms and conditions oftms Agreement prior to any contractor and agent engaging in any work on the Property. Contractors and agents shall be required to abide by a11 applicable terms and conditions of this Aweement. ~ 14. 0 Fins' Gradine and Insnection of Progertv. Upon completion of the land- filling of the Borrow Pit, Owner shall 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 shall request in writing to the City's City Manager that the City perform a final inspection of the Property which shall be fOf purpuses of detennining 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 fonn 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. +411.0 Cif1: Ri~ht 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. +5lQ.O Best Management Practices. Owner and their agents and contractors shall employ best management practices during construction on the Property and upon completion Page 6 of 11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:31PM; Page 8/12 D~'r 03-03-03 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: +.5.1.Q.2 Grading shall be employed to avoid off-Property runoffand to keep sediment on the Property. ->> 16.2 The placement of silt screenslbarriers to minimize wind-blown debris and dust. ~ lQ.. 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 landfil1 operations on the Property and UDon completion {If said operations, Owner shall provide the City a primary and secondary contaminant r~port of the water quality of the Dond located on the Property. In addition, I,lntil completion of said operations. Owner shall provide the City a monthly V.O.C. test report Qfthe water quality of said pond. All water quaJity tests and rCRofts shall be conducted and prepared by a duly qualified professional and laboratory mutually acceptable to tbe City and Owner. Alllahoratory reports shall be delivered directly to the Ciry Manager from the laboratory. 18.0 RelUtdies in Uouidated Damape!l. Nothing herein shall affect the rights in law or equity (or either party except as specifically described in this paragraph covering liquidated damage~ for certain violations and breaches under this AEreement. 18.1 Owner and City agree that it is impossible to determine with any real>onable accuracy the amQunt of compensatory damages the City and the public would be entj.tJed.tQ recover upon Owner's breach or viQlation of Paragraphs 6.0, Fill Procedures. 8,O~ Haul Route. 9.0. Hours of Operation, and 17.0, Water Oualiry Test, under thi~ Agreement by Owner.1t is also agreed that the compensatOIY damages consequent upon breac~ or.yiQl~.1ion of said paragraphs are not readily ascertainable at the time this Agreement was urepared and executed. Thus, in the event that Owner breaches or violates any of Owner's oblle:ations, covenants or promises under Paragraphs 6. O. Fill Procedures. 8. O. Haul.8,Qute. .9..,.p....J-Iours of Operation, and 17.0. Water Ouality Test. ofthis Asreement, City shall be entitled to recover. as liguidated damages. the sum equal to $500,00 for each violation or breach. except that for each violation or breach of the tenns and conditio!}.S.I,U1c:t~r Paragraph 8.0, Haul Route, ~ City shall be entitled to recover a sum equal to $100.00. 18.2 For the pUIJloses of.r..~~!m!p'h 18.1 of this Agreement, it is agreed that any liquidated damages assessed to O~er equal the fair market value ofthe obligation breached Page 7 of 11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:32PM; Page 9/12 tlRAFT 03-03-03 or violated by Owner and the liquidated damages are not dispropotjionate to any compensatory damages that might reasonably be expected tQ 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 ~ would be suij'ered 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. 1619.0 Successor and Assiens. Owner shall notify the City, in advance and in writing, of any transfer of ownership ofthe Property. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of the Property. ~20.0 Aoolicable 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. .w~. 0 Entire Ae:reement; Headinvs. 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. 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. Page R or 11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:32PM; Page 10/12 DBAFT 03-03-03 ~25. 0 Cityt 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. ~26.0 Sovcreien Immllnin: Nothing contained in this Agreement shall btl 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 federaJ 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 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 Wmter SpringSt 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: ~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. U2,2.0 Indemnification and Hold Harmless. For all work performed pursuant to this Agreement, Owner agreeil to the fullest extent permitted by law, to indemnify and hold harmless the Cityt and its conunissioncrs, employees, officers and city attorneys (individually and in their official capacities) from and against any and aU 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 Page 9 of 11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 959Bj Mar-3-03 4:32PMj Page 11/12 DRAll'T 03-03-03 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. i!-130.0 CitYc's IDeM 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 re1ief(including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and condition of the breach. ~ll.O 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. ~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 ofthe 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: Chnnh Q. Nguyen Print Name: l'age 10 of 11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Mar-3-03 4:32PMj Page 12/12 DRAFT 03-03-03 Print Name: By: Print Name: Ngan M. Nguyen ST ATE OF FLORIDA COUNTY OF SEMINOLE r hereby certify that the foregoing instrument was acknowledged before me this _ day of ,2003, by CHANH Q. NGUYEN, 0 who is personally lmown to me, or CJ 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:\DocsICily of' Wintc:c Springs~cm.enta\Nguyeo_DevcIopmClll_Agrcc.doc Page II of'll z 3 ~ ... LOT 14 BLOCK B ~ EXHIBIT "A" LEGAL DESCRIPTION:. LOT 15. BLOCK B, OF THE 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 THE PUBUC RECORDS OF SEMINOLE COUNTY. FLORIDA. ORANGE A VENUE (DIRT ROAD) IlO' RIGHT OF WAY S 73'02'4'. E 1it1.a' 5'0': 378.4' EAST 1/2 LOT 15 BLOCK B 4.42 ACRES:t: Ul 3 ~ ~ LOT 16 BLOCK B ~ WEST 1/2 LOT 15 BLOCK B 4.42 ACRES:f: 37&4' 1:n.a' N 73'02'4" W 510': SEABOARD COASlUNE RAILROAD. 4ft RIGHT OF WAY NOTES: LANDS SHO'M'l HEREON 'AEIlE NOT AIlSlRACTED BY 1liE ~:vEYOR FOR RlGljT-OF-WAY AND/OR EASENfHTS OF RECORD OR OVttlERSHIP. NOT VAUD UNLfSS 1HlS MAP I REPORT BEARS 1liE SIGNA lURE AND ORIGINAL RAISED SEAL OF tHE SlJR'IEYOR AND MAPPER OF RECORD. NO FIElD WORK WAS PERFORI.IED FOR tHE LAHllS SHcml HEREON. !If:ARlNGS ARE BASED ON tHE NORtHERlY RIGHT OF WAY OF lIiE SEABOAR COAslUNE RAILROAD AS BEING; N 73"02'4"W. I HEREBY CER1lFY THIS Sl<ETat MEETS 1liE WlNlMI 1EQlNICAL STANDARDS OF FI.ORIDA ADloIIlIS1RA n'tE COOE RUl.E t'el7-e. 1Z/JI &I RUSSELl. 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QUI (DIBT lOAD) \ , " Nom NO WETLANDS .IN PROJECT AREA PER SJR\OOI <m..D BllRRDV pm All fIlL SHALL BE CLEAN DEBRIS DNl Y PER FlIEP IlEF'INITICN. ~ ...--....................-.................... EXH IBIT "B" 'WATER CURRENT PROFILE PROPOSED PROFILE ~ L FlU. m lIE JNIlRGNm: 2. ICJT m SCAU: REPAIR AREA POND FILLING PLAN VIE\tI MEAD BDRRD\J PIT FILLING 11/21/2002 .. EXHI BIT "c" Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:29PM; Page 2 DRA!''r 03-03-03 Prepared by and return to: Anthony A. Gargancsc, Esquire Brown, Ward, Sal;mJBll &. Weiss, P.A. Post Office Box 2873 Orllllldo, Florida 32802-2873 (407) 425-9566 DEVELOPMENT AGREEMENT Tms 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 WllEREAS, Owner desires to engage in landfil1 operations to fill the borrow pit; and WHEREAS, the fill shall only be inorganic "clean debris" as approved by the Florida Department of Environmental Prot~ction 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 hereundeT, 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 COnurUssion of the City of Winter Springs. NOW, THEREFORE, in consideration of the mutual covenants and mutual benefits herein contained~ the parties agree as follows: Page 1 of 11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:29PM; D.RAI"1' 03-03-03 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Agreement. 2,0 Jntent and Purpose. The intent and purpose of this Agreement is to pennit 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 ProDerty. 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 operatiuTls 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 62-70 1.200( 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 stee1." Street sweeping material, asbestos, contaminated and remediated soil. pollutants and hazardous waste, and organics are strictly prohibited and shall 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 Page 2 of II Page 3 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:30PM; Page 4/12 DRAFT 03-03-03 such other matters reasonably required by the City. The construction trailer andlor office shall be located within the interior part ofthe Property to avoid being visible from Orange Avenue. 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 of the Property after the landfill op~rations 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 pennits. 5.6 Upon demand by the City, Ovvncr 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 Trait, or one (1) year from the effective date of this agreement whichever shall come first. 5.8 Owner shall fully comply with the fill proct)dures set forth in ParaW"aph 6.0 and Lh!LQ!.her terms and conditions set forth in this Agreement, ~.o Fill Pro~edure.'1. 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 conditio.n~.se.t fortb in Paragraph 5.2 of this Agreement. the City shall issue a pennit authorizing the placement of the debris into the landfill area. For each inspection. Owner shall pay the City a $50.00 permit insuection 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 Cit)(. 6.2 Owner shall establish a permit fee escrow account with the City and deposit $500 within the '!9collnt prior to any landfill ooerations commencing on the Property. The escrow account shAll remain ooen until the Agre~ment Pngc 3 of 11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-5-03 1 :20PM; Page 2/2 DRAFT 03-03-03 terminates. At such time the escrow account is depleted to $100..00. the Owner shall replenish the escrow account ba1anc~ so that the balance eqllal~ lea.st $500. The City shall have the right to draw from the escrow account to pay for an permit fees or liquidated damages imposed by this Agreement. If any escrow account balance remains at the termination of this Agreement, saiQ balance shall be applied to pay any other fees or liquidated damages th;( Owner owes the City. Any remaining fees will be retumed to the Owner. 6..J The City shall have the unconditional right to conduct random inspections on the Property. 01.0 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 Dorrow Pit has been completely filled.. and the Property has been graded in accordance with Paragraph H14.0 of this Agreement. The fence shall not be installed until the City approves the fence permit application +.!i.0 Haul Route. All materials being brought to and from the Property byvehicIe shall be transported via the Cross Seminole Trail as permitted by Seminole County with access from State Road 434 and via the "authorized d,elivery truck route" which is depicted on Exhibit "C." attached hereto and fully incoroorated 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. 82.0 Hours of Ooeration. In carrying out the landfill operations; Owner shall operate only during weekdays bet,;,een the hours ef7:00 a.fB. to 5:00 p.m., unless the City's City MBaager grants a temporary. exceptio" in "'/fiting fer goed reasons demo"strated by OtYl1eF-conduct storage, maintenance apd administrative activities between the hours of6:00 a.m. an(L~.:OO p.m. daily on the Prooerty. However. the delivery of debris to the Property shall be strictly limited to between the hours 0[7:30 a.m. and 1 :00 p.m., and between 3:00 p.m. and 5:30 p.rn.. Monday through Friday. In addition, Owner shaH pertbnn 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. Page 4 of 11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:30PM; Page 6/12 I)~'r 03-03-03 9lQ,O Truck ReQuirements. Owner shall require that all trucks delivering materials to and from the Property shall abide by the following requirements: 9lQ.l The payload beds of all trucks shall be covered so as to eliminate debris blowing or falling oft' 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 debri!;, 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 tlUcks 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. WI LO Performance Bond. Owner shall provide a Twenty-Five Thousand and no/l00 ($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. -1-G 11. 1 The bond or letter of credit required by this parawaph shall be issued by a surety or financial instiLution deemed acceptable to the City. The bond or letter of credit shall remain continuously in effect during the term of thi!; 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 shalt 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. 1011.2 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 Page: 5 ur II Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:31PM; D!Wl''r 03-03-03 or letter of credit issued by a financial institution, which mu~1 be acceptable to the City, or other types of security reasonably acceptable to the City. H12.0 SlIsoensiQIl and Revocation. This Agreement and the permit granted hereiflunder is subject to !u-'s'pension and/or tennination by the City, upgn 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 su~pension or termination. Owner shall immediately cease and de_~ist all J~dfill oDerations permitted under this Agreement. Iflandfill o-nerations have been suspended. such operations may only resume at such time as Owner has completed appropriate remedial actions to the complete satisfaction of the {;;i.tt,. ~1l.0 Notice to Contractors. Owner shall he required to provide all contractors and agents with notice of the terms and conditions ofthis 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. -lJ 14.0 Final Gradine: and Inspection or Property. Upon completion of the land- filling of the Borrow Pit, Owner shall 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 shall request in writing to the City's City Manager that the City perform a final inspection of the Property which shall be for purpuses 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 fonn 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. -1-411..0 City Right 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. +S 16. 0 Best Manaeement Practices. Owner and their agents and contractors shall employ best management practices during construction on the Property and upon completion Page 6 of 11 Page 7/12 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:31PM; DRAFT 03-03-03 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: +$16.2 Grading shall be employed to avoid off-Property runoffand to keep sediment on the Property. -M 16. 2 The placement of silt screens/barriers to minimize wind-blown debris and dust. M lQ.3 Erosion control measures including, but not limited to, seeding, mulching, and sodding the Property, especially slopes and roadway shoulders. 17. 0 Water Ollalitv Test. Prior to the commencement of any landfill operatio~s on the Property and UDon completion of said operations, Owner shall provide the City a primary and secondary contaminant report of the water quality of the Dond located on the Property. In addition, until completion of said operations. Owner shall provide the City a monthlv YO.C. test report 9,fthe water quality of said pond. All water quaJity tests and reRocts shall be conducted and prepared by a duly qualified professional and laboratory mutually acceptable to tl1e City and Owner. Alllahoratory reports shall be d~tivered directly to the City Manager from the laboratory. 18.0 Rewwies in Liouida!~~ Damal1ell. Nothing herein shall affect the rights in law or equity for either party except as specifically described in this paragraph covering liQuidated dama~~ for certain violations and breaches under this Agreement. 18.1 Owner and City agree that it is impossible to determine wilh any reasonable accuracy the amo~nt of compensatOlY damages the City and the public would be enWled.tQ 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 thi~ Agreement by Owner.lt is also agreed that the compensatoI)' damages consequent upon breacb or.yi()I~1jon 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, ~venants or promises under Paragraphs 6.0, Fill Procedures. 8.0. Haul E,Qute, .9..,.Q..J1ours of Operation, and 17.0. Water Oualitv Test. of this ^sreernent, City shall be entitled to recover" as liquidated damages. the sum equal to ~500,OO for each violation or breach. except that for each violation or breach of the tenns and conditiolJS.l,Il14..~r Paragraph 8.0, Haul Route, ~ City shall be entitled to recover a sum eoual to $100.00. 18.2 For the purposes oCP..!lf/l.8nmh 18.1 of this Agreement it i~ agreed that any liQuidated darnanes assessed to Owng,r equal the fair market value ofthe obligation breached Page 7 of 11 Page 8/12 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:32PM; ORAFT 03-03-03 or violated by Owner and the liquidated damages are not disproportionate to any cpmpensatory damages that might reasonably be expected t9 follow from a breach or violation. In addition, the liauidated dama13es set forth herein are mutually agreed to be reasonable. not intended to be a penalty and are reasonably related to the actual damages I.hat would be suffered by the City and the public. For violations or breaches of Paragraphs 6.0, Ell 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. 1612..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. -hl20.0 Apolicable 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, fOT aU 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. -1-&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 Ae:reement. Headin,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 ofthis Agreement. All reference!; to whole paragraph numbers (e.g., 16.0) shall include all subparagraphs thereunder (e.g., 16.1, 16.2, and 16.3). ~23. 0 Severabilitv. 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 R<<ordation. Upon fl.111 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. Page R or 11 Page 9/12 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:32PM; DRAFT 03-03-03 ~25. 0 City's Police Powers. Owncr 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. ~26.0 Sovcrcien Immunitv. Nothing contained in this Agreement shall b~ 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. i!427.0 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: ~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: ~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. U29.0 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 aU 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 Page 9 of ]] Page 10/12 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:32PM; Page 11112 DRAIl'T 03-03-03 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. 2.f30.0 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. ~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 fust written above. WITNESSES: CITY OF WINTER SPRINGS, a Florida Municipal CorporatiDn: Print Name: By: Ronald W. McLemore~ City Manager Print Name: OWNER: Print Name: By: Chnnh Q. Nguyen Print Name: Page 10 of J 1 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-3-03 4:32PM; Page 12/12 DRAFT 03-03-03 Print Name: By: Print Name: Ngan M. Nguyen ST ATE 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 knO\vn to me, or 0 who has produced as identification. NOTARY PUBLIC STATE OF FLORIDA COUNTY OF SEMINOLE I hereby c.ert.ify that the foregoing instrument was acknowledged before me this _ day of ,20U3, by NGAN M. NGUYEN, 0 who is personally known to me, or 0 who has produced as identification, NOTARY PUBLIC F:\DocslCity ofWintcr SPrinlJs~cmeDIa\NguyetU)cvclopmcnl_ Agrcc.doc Page II of 11 EXHIBIT "A" LEGAL DESCRIPTION:. LOT 15, BLOCK B, OF THE 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 THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA. ORANGE AVENUE (DIRT ROAD) 5Cf RIGHT OF WAY 5 73'02'4'. E WEST 1/2 LOT 15 BLOCK B 4.42 ACRES:!: ll'O'''' 3'/11.4' 131.0' z 3 "t !.1 EAST 1/2 LOT 15 BLOCK B 4.42 ACRES:!: In 3 ~ :IE '" LOT 14 BLOCK 8 lOT 16 BLOCK B ~ 1+ ~ 1+ 3'/11.4' 131.0' N 73"02'4'. W 510'''' SEABOARD COASTLINE RAILROAD. <40' RIGHT OF WAY NOTES: LANDS SHO'lttl HEREON MHE NOT ABSTRACml BY THE SU~'IEYCR FOR RlCliT-OF-WAY AND/OR EASDiEHTS OF RECORD OR O'lttlERSHIP. NOT VAI.JD UNLESS THIS MAP / REPORT BEARS THE SIGNATURE AND ORIGINAl RAISED SEAl OF lHE SUR'IEYCR AND MAPPER OF RECORD. NO FIElD WORK WAS PERl'ORIoIED FOR lHE LANDS SHOWN HEREON. . llEARlNGS ARE BASED ON lHE NORTHERlY RIGHT OF WAY OF lliE SEABOAR COASTUNE RAIlROAD AS BEING; N 7J'02'41"W. RUSSELL A.BRACH I HEREBY CERTIFY llilS Sl<ETQl MEETS lliE IllNlll\lll 1EOlNJCAl STANDARDS OF FUlRIDA ADIl1HlSTRATM: COOE RUU: 81C17-6. ;;UJl& RUSSELl. .... ElRAQl flORIDA REGISTRATION 11299 S~CCI"IC ~U"~OSC SU"VCy -~, 1.010 MA~ORAMA ORIVI ORLAIlDo. 'LORIOA 3.137 (407) 140-1127 'AX(407) 140-7300 SCALE: .lOll No. 1-' APPLICANT O~nJl: ENflNlER: ~,NROMJ CRANDC:l Fl JIII9 PHrJNE: <<Jl-.11JtJ-t1D18 NE;IJ. HILER ENflNEE1RNQ, fNC. '4'6 5R 4J4 lInT LOVt:IlrXVA I'l.QllGI .11110 PHt1NEi 4Q1-3JI-iJODt FN: 4lJl-JJ1-1tJIO LRIJAL JI:ISCl1IIilmJf, UJl' III IUDI . IF TlIi: IIR. 1ImHU... IIINI'f IF M: LtYY lIlIAIlT ACaIlIIIIia TlI M: PUlT 'IlCIaIF AI IEIIIIED III PUlT IIIIC " PIIII: II llF TlIi: PIIIUC IlIiXiIIlIIIl 1IF IDIIIILI: aum. P1.IIIUIl.\ ~ UII vmtIll M: crTY IF VIlIl'I:Il IPIlIIiII MIl \IlDI:IlllllllI IIIIIIG.E aum. 11m CUllTAIIIIS A TlITM. IF I.ll N:H- IUI.,.. ACIltI vmtIll 1lC crTY 1lC 1m IJII \tITIlIll ID'11l IEC11IlN ." TIlII. .. , m:nIIl II. 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