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Naples Gateway Phase TwoCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO:Sue Filson, Administrative Assistant FROM:John R. Houldsworth, Senior Engineer DATE: October 18, 2000 RE: Naples Gateway Phase Two Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Naples Gateway Phase Two. 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 08 O0 04: I1p LCEI 941-768-3457 p.3 PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this ~ day of ~ ,2000, by and between the Board of Coanty Co,x,~i~issioners of Collier County, Florida hereinafter referred to as "County", and Naples Gateway Land Trust. hereinat~er referred to as "owner". RECITALS: WHEREAS, THE county has adopted Collier County Ordinance No. 9749 known as the N~ples Gateway PUD Ordinance, hereinafter referred to as the PUD : and WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in Naples Gateway Phase II plat, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management DisU"ict surface water management permit modification has been issued for Naples Gateway Fmntae~ Road , SFWIVI_D Penrot No. 11-01735~P02 and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because infrastructure is necessary for construction to beein develotament within the PUD and WHEREAS, Owner represents and warrants that no constraction shall occur in env/ronmentally 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 rn~t prior to approval of a final subdivision plat, or a final site development plan or building permit, as appropriate; and WHEREAS, Section 3.2.7.3.6. of the Land Dcvelopmemt Code establishea a mechaniam 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: SECTION I - 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 Dcvelopraent Order or any other final approval by Collier County. SECTION 2 - IMPROVEMENTS A. Owner shall be permitted to perform site px~paration and constxuction activities subject to the conditions, limitations and restxictions contained m Sections 3 through 7 below, as follows: The preliminary work shall be limited to clearing, grading, filling and lake excavation. Sep 08 O0 04: 11p LCEI 941-?BB-34S~ p.4 The preliminary work detailed ia this Section shall be in accordance with plans entitled Naples Gateway Frontage Road consisting of 10 sheets, prepared by Noose & Associat~s~ dated June 20, 2000 her. einafter referred to as "The Preliminary Work". The legal description of the boundaries of the Preliminary Work is shown on the minor r~plat for Naples Gateway Phase I and the preliminary plat for s Ph consisting of 2 sheets and 1 sheet respectively and prepared by ~Ncese ~/Lssociates. 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 ("Preliminary Work Permits"). These applications are as follows: Minor Replat Application C #3535 Replar and Conslruction Plan Review Application C #3776 Excavation Pernut Application No. 59.747 Right of Way Application SECTION 3 ~ PERMITS REQUIRED Issuance of the Preliminary Work pertrata shall be conditioned upon the following: a. County staff finthng that the applications for Preliminary Work Permits are complete and satisfactory and are ready for scheduling ~o the Board of County Commissioners for final plat approval. b. Owner submitting to the County a copy of the p~t modification from the South Florida Water Management District for all matters inchidad m the jurisdiction of the South Florida Water Management District, which conforms with the Preliminary Work release plans submined to the County. SECTION 4 - APPROVALS County will issue the Prelin'enary Work Permits to permit the PreLiminary Work prior to plat approval once conditions a and b in Section 3 above have been satisfied. Owaer understands and acknowledges that no building permit for habitable s~ructures shall be issued within the Naoles Gateway Frontage Road Proiect until the Naples Gateway Phase II plat is approved. SECTION 5 - IND[~MN1FICATION Owner agrees to indemnify and hold County harmless against any and all liability, loss, damage or expense from claims or causes of actinn including attorney's fees and cour~ 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 - RESTRIg'~FIONS This Agreement shall be Ifmding upon the parties mad is not transferable. Sep 38 OO 04: 12p LCEI 941-7~8-3457 p.5 ~SECTION 7 - LIMITATIONS This Agreement shall expire thirty (30) days from the date of the issuance ofthc Preliminary Work permits if the project's fmat plat is not submitted W the Board of County Commissioners for approval pursuant m Division 3.2 of the Land Development Code, unle~ 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 plat is not submitted and approved by the Board of County Commmsionmrs within this authorized period. No work is authorized under this Agreement prior to satisfying the conditions a and b m Section 3 of this Agreement. Any aRerapt to cormhence work prior to issuance of requisite permits shall rendmr all provisions of this Agreement null and void. By entering into this Agreement the Cou.nty does not guarantee and Ownmr 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. IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. wireess Oerard A. McHale, Jr. Trustee, Naples Gateway Land Trust Printed Name Wit~ess Printed Name ~ Dwight E.. B~ock,-C!mr Sep 08 O0 04: 12p LCEI 941-7S8-3457 p.6 EXHIBIT A DESCRIPTION TRACTS 29, 44 AND 45, UNIT NO.35, GOLDEN GATE ESTATES, AS RECORDED IN PLAT BOOK 7, PAGE 85, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA LESS THE RIGHT-OF-WAY OF PINE RIDGE ROAD.