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Isle Vista at Grey OaksCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administrative Assistant John R. Houldsworth, Senior Engineer.~.~.__~ September 6, 2000 Isla Vista at Grey Oaks Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Isla vista at Grey Oaks. This document has been reviewed by Engineering Review and the County Attorney's Office. Collier County Resolution No. 93-147 provides for the administrative approval of preliminary work authorizations. Please have the Chairman sign the document and forward to the Clerk's office. Should you have any questions, please advise. jrh cc: Project File Reading File SEP-85-2800 17:20 ~IILSONMILLER, SURUEY 941 643 6~82 P.02706 ]PRELIMINARY WORK AUTHORIZATION ISLA VISTA AT GREY OAKS THIS AGREEMENT made and entered into this fo *"~ day of ~2000, by and between the Board of County Commissioners of Collier C0~xnty Florida, hereinalter referred to as "County", and LDG Isla Vista, LLC, hereinafter referred to as the "Owner". I~CITALS: WHEREAS, the County has adopted Collier County Ordinance No. 95-4 known as the Grey Oaks Development Ordinance, hereina~er referred to as the PUD; and WHEREAS, the Owner represems and warrants it is the record fee tille owner of Isla Vista at Grey Oaks. The legal description is attached hereto as exhibit "A" and incorporated herein by reference; and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because maintaining eormtni~tion schedule for Isla Vista at Grey Oaks improvement plans is paramour with the on-going construction and development of the approved Grey Oaks PUD; and WHERY_~S, Owner represents mid warrants that no construction shall occur in environmentally sensitive areas unl~s the necessary permits and approvals for the conztruction have been obtained by the Owner; and WHEREAS, Owner acknowledges that all requirements of Collier County's Growth Management Plan and Adequate Public Facilities Ordinance No. 93-82 will be met prior to approval of a final subdivision plat, or final si~e development plan or building permit as appropriate; and WHEREAS, Section 3.2.7,3.5 of the Land Development Code establishes a mechanism for processing arid issuing a Preliminary Work Authorization. NOW, THEREFORE, in consideration of the premises, the mutual und~akings of the parties, and other good and valuable consideration, il is agreed by the parties hereto as follows: ACKNOWLEDGMENT The foregoing recitals are true and correct and are incorporated herein by reference. Further, it is jointly acknowledged that the execution of this Agr~ment does not constitute a Development Order or any other final approval by Collier County, Page 1 of 5 SECTION 2 IMPROVEMENTS Owner shall be permitted to p~'rforrn the following site preparation and construction activities subject to the conditions, limitations, and restrictions contained in Sections 3 through 7 below, as follows: Construction of paving and drainage infrastructure within street rights-of-way and in those areas which will serve residential areas, to include but not limited to subgrade, base, asphalt, storm pipe, headwalls, inlets, and sidewalks. 2. Construction of infrastructure to iuclude water, sewer and irrigation mains. The preliminary work detailed in this Section shall be in accordance with plans entitled Is!a Vista at (hey Oaks, WilsonMiller, Inc., Drawing File No. D-0120-86, shed numbers 1 through 9, dated May, 2000, hereinafter collectively referred to ~ the "Preliminary Work". The legal description ofth, boundaries of the Preliminary Work is shown on the proposed plat for Isla Vista at Grey Oaks prepared by Michael H. Maxwell, P.S.M., of WilsonMiller, Inc. Prior to any work being undertaken, Owner shall submit to the County, complete permit packages and applicable review and inspection fees for the necessary permits for the Preliminary Work (the "Preliminary Work Permits"). These applications are as follows: Isla Vista at Grey Oaks Final Subdivision Improverector Plans, WilsonMiller, Inc., Drawing File No: D-0120-86, sheet numbers 1 through 9, dated May, 2000. Final plat for Isla Vista at Grey Oaks, prepared by Michael H. Maxwell, P.S.M., of WilsonMiller, Inc. SECTION 3 PERMITS REQUIRED Issuance of the Preliminary Work Permits shall be conditionod upon the following: bo County staff finding that the application for Preliminary Work Permits are complete and satisfactory and ~re ready for scheduling to the Board of County Commissioners for final plat approval. Owner submitting to the County a copy of the early work permit or actual permit from the South Florida Water Management District for all matters included in the jurisdiction of ~e Soulh Florida Water Management District, which conforms with the Preliminary Work Release plans submitted to the County. P~e 2 of 5 , SEP-05-~00 l?:~l ~[LSONMILLE-R SURUEY 941 643 668~ P.~4/0~ SECTION 4 APPROVALS County will issue the Prelim'mary Work Permits to permit the Preliminary Work prior to plat approval once conditions (a) and Co) in Section 3 above have been satisfied. Owner understands that no building permit will be issued for habitable structures within Isla Vista at Grey Oaks until the plat is approved and recorded. SECTION $ INDEMNIFICATION Owner agrees to indemnify and hold County harmless against any and all liability, loss, damage or expense from claims or causes of action including attorney; fee~ and court costs, resulfmg from, arising out of, and in connection with Owner's negligence and/or w/llful misconduct in the construction of the Preliminary Work under the Preliminary Work Permits or any challenge by any person or party objecting to the legality or validity of this Agreement. SECTION 6 RESTRICTIONS This Agreement shall be binding upon the patties and is not transferable. SECTION 7 LIMITATiONS This Agreement shall expire thirty (30) days from the date of the issuance of the Preliminary Work Permits if the project's final plat is not submitted to the Board of County Commissioner's for approval p~suant to Division 3.2 of ~e Land Development Code, unless the Owner is delayed in having his final plat reviewed by the Board due to the fault of the County. All work approved by this Agreement must cease and not restart if the final plat is not submitted and approved by the Board of County Commissioners within this authorization period. No work is authorized under this Agreement prior to satisfying the conditions (a) and Co) in Section 3 of this Agreemere. Any attempt to commence work prior to issuance of requisite permits shall render all provisicaa$ of this Agreement null and void. By entering into this Agreement the County does not guarantee and the Owner cannot rely upon the fact that the projeet's final plat will be approved upon submission to the Board of County Commissioners. The Owner is required to comply witIx all of the provisions and procedures of the Land Developromar Code before the fma! plat can be submitted to the Board for consideration. Page 3 of 5 SEF'-05-2000 17:47 I.d~LSI:INhl]:LLE~R SUR~)EY 941 643 IN WITNESS WHEREOF, the parties have executed this A~ecment the day first above writtvn. Signed, Sealed and D~livcred intl~,~ e ¢eo · Silage ~ LDG ISLA VISTA, LLC, Page 4 of 5 SEP-05-2000 17:22 WILSONMILLER SURUEY 941 643 6682 STATE OF FLORIDA ) ) COUNTY OF COLLIER ) THE FOREGOING INSTRUMENT was acknowledged before me this ~ day o£~g r 2000, by Auther A. Shafran, Manager LDG Isis Vista, LLC. He is personally known to me or who has produced ..... as identification. WITNESS my hand arid official e~al this ~day o~2000. 0 AN. JONESL0 Z I! EXPIRES: May 21, ~ NOTARY PUBLIC - Print or TyI:~ No~ry Name My Commission Expires: ~_~%6,.,,\ Z\ ~2Xb~,, TOTAL P.~6 dspnMiller New Directions In Planning, Des}gn & En{iinee#ng Description of Isla Vista (Parcel 15) proposed Grey Oaks Unit Fifteen, Parcel B, part of Section 25, Township 49 South, Range 25 East, Collier County, Florida All that part of Parcel B of proposed Grey Oaks Unit Fifteen, being a part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the southwesterlymost corner of Grey Oaks Unit Fourteen according to the plat thereof as recorded in Plat Book 33, pages 59 through 64, Public Records of Collier County, Florida; thence North 39038'52" East 84.00 feet to the Point of Beginning of the parcel herein described; thence northerly 402.49 feet along the arc of a tangential circular curve concave to the east having a radius of 45800 feet through a central angle of 50021'08" and being subtended by a chord which bears North 25°10'34" West 389.67 feet; thence North 436.87 feet; thence northwesterly 168.67 feet along the arc of a tangential circular curve concave to the west having a radius of 392.00 feet through a central angle of 24°39'13" and being subtended by a chord which bears North 12°19'37" West 167.37 feet; thence North 70°28'08" East 205.68 feet; thence easterly 68.41 feet along the arc of a tangential circular curve concave to the south having a radius of 100.00 feet through a central angle of 39°11'42" and being subtended by a chord which bears South 89°56'01" East 67.08 feet to a point of reverse curvature; thence easterly and northerly 242.31 feet along the arc of a tangential circular curve concave to the northwest having a radius of 100.00 feet through a central angle of 138°50'07" and being subtended by a chord which bears North 40°14'47" East 187.23 feet to a point of reverse curvature; thence northerly 113.37 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 81°11'52" and being subtended by a chord which bears North 11°25'39" East 104~12 feet; thence North 52°01'35" East 142.71 feet; thence easterly and southeasterly 188.28 feet along the arc of a tangential circular curve concave to the south having a radius of 130.00 feet through a central angle of 82°59'01TM and being subtended by a chord which bears South 86°28'55" East 172.25 feet to a point of compound curvature; thence southeasterly 237.40 feet along the arc of a tangential circular curve concave to the southwest having a radius of 812.20 feet through a central angle of 16°44'50" and being subtended by a chord which bears South 36°37'00" East 236.56 feet to a point of compound curvature; thence southerly 226.09 feet along the arc of a tangential circular curve concave to the west having a radius of 180.00 feet through a central angle of 71°57'58" and being subtended by a chord which bears South 07°44'24" West 211.52 feet; thence South 43°43'23" West 336.51 feet; Naples Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane, Suite200 Nap/es, Florida34105-8507 941-649-4040 ~ 941-643-5716 ~'~ili www. wilsonmiller. corn WilsOnMiller thence southwesterly 62.77 feet along the arc of a tangential circular curve concave to the northwest having a radius of 200.00 feet through a central angle of 17°58'53" and being subtended by a chord which bears South 52°42'50" West 62.51 feet; thence South 61°42'16" West 193.30 feet; thence southwesterly 53.85 feet along the arc of a tangential circular curve concave to the southeast having a radius of 50.00 feet through a central angle of 61°42'16" and being subtended by a chord which bears South 30°51'08" West 51.28 feet; thence South 150.43 feet; thence southeasterly 46.31 feet along the arc of a tangential circular curve concave to the northeast having a radius of 80.00 feet through a central angle of 33°09'51" and being subtended by a chord which bears South 16°34'56" East 45.66 feet to a point of reverse curvature; thence southerly and southwesterly 233.15 feet along the arc of a tangential circular curve concave to the west having a radius of 190,00 feet through a central angle of 70°18'34" and being subtended by a chord which bears South 01°59'25" West 218.80 feet; thence South 37°08'42" West 167.18 feet; thence northwesterly 30,01 feet along the arc of a tangential circular curve concave to the northeast having a radius of 458.00 feet through a central angle of 03°45'14" and being subtended by a chord which bears North 52°13'45" West 30.00 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 12.73 acres more or less. Bearings are based on the west line of Section 24 being North 01°34'40" West. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineers and Land Surveyors Michael H. Maxwell, P.S.M~'_ ~4650 Date Ref. 4G-1242 Not va!id unless embossed with the Professional's seal.