Ibis CoveCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION~
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer
DATE: OctoberS5/, 2000
RE:
Ibis Cove
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Ibis Cove. 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
IBIS COVE
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this / p day of d7/~ ,20c-~, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as
" " R ev '
the County , and A..M. D elopment of SW Florida, Inc, hereinafter referred to as the "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 99-21 known as the
Ibis Cove PUD Ordinance, hereinafter referred to as the "PUD"; AND
WHEREAS, Owner represents and warrants it is the record fee title owner of a portion of
the lands described in the Ibis Cove PUD, said legal description attached hereto as Exhibit "A" and
incorporated herein by reference; and
WHEREAS, the South Florida Water Management District is has issued a surface water
management permit for Ibis Cove, SFWMD Permit No. 11-01864-P, and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because
owner would like to start construction of lakes, water distribution, sewer collection, stormwater
management, madways, landscaping and irrigation for marketing his project in the winter of 2000;
and
WHEREAS, Owner represents and warrants that no construction shall occur in
environmentally sensitive areas unless the necessary permits and approvals for the construction
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 site development plan or building permit, as
appropriate; and
WHEREAS, Section 3.2.7.3.6 of the Land Development Code establishes a mechanism for
processing and issuing a Preliminary Work Authorization.
NOW THEREFORE, in consideration of the premises, the mutual undertakings of the
parties, and other good and valuable consideration, it is agreed by the parties hereto as follows:
Page 1 of 5
SECTION 1 - ACKNOWLEDGEMENT
The foregoing recitals are true and correct and are incorporated herein by reference.
Further, it is jointly acknowledged that the execution of this Agreement does not constitute a
Development Order or any other final approval by Collier County.
SECTION 2 - IMPROVEMENTS
A. Owner shall be permitted to perform site preparation and construction activities subject to
the conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows:
Construction of lakes, water distribution, sewer collection, stormwater management,
roadways, landscaping and irrigation
The preliminary work detdded in this Section shall be in accordance with plans entitled
(ibis Cove Phase One) consisting of 17 sheets, prepared by McAnly Engineering and Design, Inc,
dated May 2000, hereinafter referred to as the "The Preliminary Work". The legal description of
the boundaries of the Preliminary Work is shown on the preliminary plat for Ibis Cove Phase One
consisting of 7 sheets prepared by William C. McAnly, P.S.M. of McAnly Engineering and Design,
Inc.
B. 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:
a. South Florida Permit No. l 1-01864-P.
b. Excavation Permit
c. Construction Plans & Plat
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
a. County staff finding that the applications for Preliminary Work Permits are complete and
satisfactory and are ready for scheduling to the Board of County Commissioners for final plat
approval.
b. 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 the South
Florida Water Management District, which conforms with the Preliminary Work Release plans
submitted to the County.
c. Owner posting the necessary lake excavation securities in a format approved by the County
prior to actual take excavation in anticipation of the issuance of the requisite lake excavation
permit.
Page 2 of 5
a. South Florida Permit No. 11-01864-P.
b. Excavation Permit
c. Construction Plans & Plat
SECTION 4 - APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to
plat approval once conditions a., b. and c. in Section 3 above have been satisfied. Owner
understands and acknowledges that no building permit will be issued for habitable structures within
the ibis Cove Phase One project until the ibis Cove Phase One plat is approved and recorded.
SECTION 5 - iNDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss,
damage or expenses from claims or causes of action including attorneys fees and court costs,
resulting from, arising out of, and in connection with Owner's negligence and/or willful 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 - RESTRICTION
This Agreement shall be binding upon the parties and is not transferable.
SECTION 7 - LIMITATION
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
Commissioners for approval pursuant to Division 3.2 of the 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., b. and c. in Section 3 of this
Agreement. Any attempt to commence work prior to issuance of requisite permits shall render all
provisions of this Agreement null and void.
By entering into this Agreement the County does not guarantee and the Owner can not rely
upon the fact that the project's final plat will be approved upon submission to the Board of County
Commissioners. The Owner is required to comply with all of the provisions and procedures of the
Land Development Code before the final plat can be submitted to the Board for consideration.
Page 3 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
W~itness F
Printed Name
A.R.M. Development of~4{ Florida, Inc.,
a florida corporation ~
Ovadia Roni Elias, President
hess F-~
Printed Name
ATTEST:
Dwigl~t E: Brocl~; Clerk
Approved ~ to fo~ ~d legal
sufficiency:
Board of County Commissioners of Collier County,
Florida
Chairman
A§ststant CounBr Attorney
Page 4 of 5
STATE OF FLORIDA
COUNTY OF COLLIER
F~ The foregoing instrument was acknowledged before me this o~ ~5~:-day of
,20_r~ by Ovadia Roni Elias as President on behalf of A.R.M. Development of SW
., a florida corporation, He is personally kno~.fy.n~, to me~ cr kaz~eroduee~L
N I t*~ -assde. xtlif. mafi~ and who '~~.'~e an oath.
5q~)tary Public '- ff -
Commission Number C G '~l/~,~, ~ /
My Commission Expires ~//b/~-a, q
c:\ws\doc\workaurt .pre\lm
Page 5 of 5