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Regent LakeCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: FROM: Sue Filson, Administrative Assistant John R. Houldsworth, Senior Engineer~o~ DATE: June 4, 2001 RE: ~ork Authorization Attached please find a Preliminary Work Authorization for Regent Lake. This document has been reviewed by Engineering Review and the County Attorney's Office. to the Clerk's office. Should you have any questions, please advise. jrh CC: Project File Reading File REGENT LAKE PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this /?Z~ day of~'u"~, 2001, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County," and Transeastern Properties, Inc., hereinafter referred to as the "Owner." RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 2000-07 known as Whittenberg Estates PUD development Ordinance, hereinafter referred to as the PUD; and WHEREAS, the Owner represents and warrants it is the record fee title owner of Regent Lake, said legal descriptions attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District has issued an Environmental Resource Permit, SFWMD Permit No. 11-01690-P (Modification); and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because maintaining construction schedule for Regent Lake improvement plans is paramount with the construction and development of the approved PUD; 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 undertaking of the parties, and other good and valuable consideration, it is agreed by the parties hereto as follows: SECTION 1 - ACKNOWLEDGMENT 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. 1 of 4 SECTION 2 - IMPROVEMENTS Owner shall be permitted to perform the following site preparation and construction activities subject to the conditions, limitations, and restrictions contained in Sections 3 through 7 below, as follows: 2. 3. 4. 5. Clearing. Lake excavation and blasting. Filling of road rights-of-way. Blasting for underground utilities. Installation of underground utilities including water, sewer, drainage and irrigation facilities. The preliminary work detailed in this Section shall be in accordance with plans entitled Regent Lake Subdivision Construction Plans prepared by Coastal Engineering Consultants, Inc., Project No. 99.208, sheet numbers 1 through 18, dated August, 1999, revision 4, dated 4/4/01, hereinafter collectively referred to as the "Preliminary Work." The legal description of the boundaries of the Preliminary Work is shown on the proposed plat for Regent Lake prepared by Richard J. Ewing, P.S.M., Coastal Engineering Consultants, Inc. Bo 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: Regent Lake Subdivision Construction Plans, Coastal Engineering Consultants, Inc., Project No. 99.208, sheet numbers 1 through 18, dated August, 1999, revision 4 dated 4/4/01. Final plat for Regent Lake prepared by Coastal Engineering Consultants, Inc. SECTION 3 - PERMITS REQUIRED Issuance of the Preliminary Work Permits shall be conditioned upon the following: ao County staff finding that the application for Preliminary Work Permits are completed and satisfactory and are 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 the South Florida Water Management District, which conforms with the Preliminary Work Release plans submitted to the County. 2 of 4 SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions (a.) and (b.) in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit will be issued for habitable structures within Regent Lake PUD until Regent Lake plat is approved and recorded. SECTION 5 - INDEMNIFICATION Owners agrees to indemnify and hold County harmless against any and all liability, loss, damage or expense 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 - RESTRICTIONS This Agreement shall be binding upon the parties 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 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) and (b) 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. Be entering into this Agreement the County does not guarantee and the Owner cannot 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 of consideration. 3of4 IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. Tran s~ a~,~i'Propj~'s, Inc. ,~j~ve Williams - Director of Land Development Prin~d Name Witness Printed Name ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF CO~ Attest N to CI~IITen'S ~'ar..e.a ~,.~,,.c .de, ~na:rwomam'i~' Approved as to form and legal N0u~ciencyl Ti Assistant Cour~ty itkorney STATE OF FLORIDA COUNTY OF COLLIER The foregoin~ instrument was acknowledged before me this by ~-~...~-e~ t, tJ,\\w~,tq , (name of officer signing), as Dkcd'/zl~-~ ~q ~cJ. (title of officer on behalf of the c0rboration) of'q'~e,q~q.~]~t., ,a , (name of corporation), (state in which incorporated), (t-'f'who is personally known to me or ( ) who has produced as identification and who did/did not take an oath. (affix notarial seal) MY COMMISSION 'CC 729409 EXPIRES: May 5, 2002 Sig a~.re ofN~tary -- Name of Notary Typed, Stamped or Printed Commission Number: 0 ~ :7,:'9¢'~:~:i 4 of 4 1 PAGES ND OWNER AND ~REON. DESCRIPTION OF LANDS PLATTED A PARCEL OF LAND LYING IN THE EAST ONE-HALF OF THE '-,OUTHEAST QUARTER OF SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGiNNiN4G,,~T THE EAST QUARTER CORNER OF SAID SECTION 6, RUN S00'~59'3 ALONG THE NORTH-SOUTH QUARTER LINE OF SAID SECTION FOR 2312.72 FEET TO THE NORTHEAST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2043, PAGE 933 OF THE PUBLIC FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE ALONG THE WEST LINE OF SAID LANDS S00'39'34"E ~54`5.78 KELT TO THE SOUTHWEST CORNER OF SAID LANDS: 0" FEET TO AN INTERSECTION WITH SAID NORTH-SOUTH QUARTER L,~ ~ ~ w[s~ L,~ O~ ~SS~ WOOg~ 00~ ~ COUNTRY CLUB AT BRETONNE PARK, PHASE ONE AS RECORDED IN' ~ ~oo~ ,~, ~o~s ~ T~O~O~ ~ o~ s~,g ~u~,c ~CO~DS~ THENCE ALONG SAID LINE S00°39'34''E 80.00 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OK-WAY LINE OF DAVIS BOULEVARD: THENCE ALONG SAID RIGHT-OF-WAY LINE S8CJ'59'26''W 659.17 FEET TO THE SOUTHEAST CORNER Or WHITTENBERG VILLAS AS RECORDED IN PLAT BOOK 24 PAGES 11 THROUGH 19 OF SAID PUBLIC RECORDS; THENCE ALONG SAID LINE NOO'40'19"W 2721.59 FEET TO THE NORTHEAST CORNER OF SAID WHITTENBERG VILLAS SUBDIVISION AND AN INTERSECTION WITH THE EAST-WEST QUARTER LINE OF SAID SECTION 6; THENCE ALONG SAID EAST-WEST QUARTER LINE N88'41'26"E 659.77 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY ,57.9.5 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.