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HomeMy WebLinkAbout411-Reciprocal Fee Waiver RECIPROCAL FEE WAIVER AGREEMENT THIS AGREEMENT made and entered into this J/~ ~day of ~o/f~_,J_~ , 19 9/ , by and between the State of Florida Department Transportation, hereinafter called DEPARTMENT, and CITY OF SANFORD , hereinafter called GOVERNMENTAL ENTITY. WITNESSETH WHEREAS, the DEPARTMENT pursuant to Section 335.183, Florida Statutes, entitled "Permit Application Fee," is required to assess certain fees for the issuance of access permits; and WHEREAS, in accordance with said Statute, the DEPARTMENT has enacted Section 14-96.006, Florida Administrative Code, entitled "Fees and Performance Bonds," which provides for the payment of a non-refundable fee for Department application processing, review and inspection of access permits; and WHEREAS, said Rule further provides that governmental entities applying for an access permit for governmental facilities are eligible for a waiver from said fee in such instances where the GOVERNMENTAL ENTITY hasa ~eciprocal agreement to waive permit fees with the~DEPARTMENT; and WHEREAS, it is in,the best interest of both the DEPARTMENT and the GOVERNMENTAL ENTITY to enter into such a reciprocal agreement to waive permit fees. NOW, THEREFORE, in consideration of the mutual covenants hereinafter concluded, it is agreed by the parties as follows: 1. The DEPARTMENT agrees to process GOVERNMENTAL ENTITY applications for access permits and waive the fee in accordance with Section 14-96.006, Florida AdminiStrative Code. 2. GOVERNMENTAL ENTITY agrees to process any andall permits {. applied for by DEPARTMENT and to waive any and all e t fees p rml associated with said applications, as well as any other connection fees, kmpact fees, facility charges, capital improvement fees, or any other charges or fees of GOVERNMENTAL ENTITY associated with any activity of the DEPARTMENT which is not a service charge for a service requested by DEPARTMENT (i.e., monthly charges for water and electricity use); provided, however, that because the GOVERNMENTAL ENTITY is prohibited or otherwise does not have the authority to waive'fees for those charges set forth in Exhibit "A", the Department shall pay those fees. 3. GOVERNMENTAL ENTITY hereby acknowledges and agrees that nothing herein shall be construed as an admission by the DEPARTMENT that GOVERNMENTAL ENTITY has any jurisdiction over the DEPARTMENT and GOVERNMENTAL ENTITY hereby specifically acknowledges that it lacks such jurisdiction. 4. Either party may terminate this Agreement without cause upon sixty (60) days written notice. The party having received notice of termination may at its discretion terminate the Agreement immediately by providing written notice by certified mail, return receipt requested. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and 2 their official seals hereto affixed, the day and year first above written. STATE OF ~LORIDA DEPARTMENT OF TRANSPORTATION APPROVED AS TO FORM, LEGALITY AND By: District CONTENT: BY: Attest · etary CITY OF SANFORD GOVERNMENTAL ENTITY Title: Bett~,D. Smith, Mavor Attest= Title:~. Donahoe, City Clerk 3 14-96.006 Fees and Perforn~nce Bond. (1) Fee Structure. The following non-refundable fee structure is established for Department application processing, review and inspection. Full payment of fees by certified check or money order made payable to the State of Florida Department of Transportation must accompany the permit Application. Governmental entities applying for an access permit for Governmental facilities are eligible for a waiver from the fee in such instances where the govern~nental entity has a reciprocal agreement to waive permit fees v~th the Department. --~. (a) Category I base fee for one connectiota 1. Field (agricultural) access or single f~rn~ly dwelling nn~t $ 50 2. Fee per additional house (up to 10) u~l~ng a single connection point $ 50 3. Multi-f~vn~Jy residential unit (up to 10 dwelling ,,nits) $ 500 4. Fee per additional connection point $ 50 (b) Category If base fees for one connection 1. less than 1000 ADT $1000 2. 1000-1500 ADT $1500 3. Fee per additional connection point $ 250 (c) Category nt base fees for one connection 1. over 1500 - 2500 ADT $2500 2. over 2500 ADT $4000 3. Fee per additional connection point ~ $ 250 - not to exceed $1,000 (d) Category IV per connection $100" .. 16