Bent Grass/Bay Colony Golf Club NOV 0 3 Iggg
8oard of Count~ Coetts$1o~er$
¢OMMUN~ETY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVTSION
ENGINEERING REVI~ SEC3-ZON
MEMORANbUM
TO: 5u¢ Filson, Administrative Assistant
FROM: ~Tohn R. Houldsworth, Senior Engineering__/
DATE: ct, bber-~8, 1999
I~en~. ~olony_Golf,~lub
Pre ~on ~
Attached please find a Preliminary Work Authorization for 8ant
Grass at The Estates at the Bay Colony Golf Club. This document
has been reviewed by Engineering Review and the County
Attorney's Office. ColIi-=.----_'::=.,,;~,,R~,.,;G; ;,.,,,+,f,.;: ;~g~
ou* o,'i tion,.
orward to the
Clerk's office.
5hould you have any questions, please advise.
jrh
CC:
Project File
Reading File
Bentgrnss Bend At The Estntes At Bay Colony Golf Club
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ~ day of ~,
1999, by and between the Board of County Commissioners of Collier County. Florida,
hereinafter referred to as "County.', and WCI Communities. Inc. hereinafter referred to as the
"Owner".
WHEREAS. the County has adopted Collier County Ordinance No. 93-27 known as the
Pelican Marsh PUD Ordinance. hereinafter referred to as the "PUD"; and
WHEREAS, Owner represents and warrants it is the record fee title owner of tl~ lands
described in the public records of Collier County, Florida. said legal description attached hereto
as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has approved the surface
water management permit for Pelican Marsh SFWMD Permit No. I 1-01121-S: and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
bec. aug in order to commence construction at the earliest possible time due to economic and
developmental time constraints; 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:
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
Development Order or any other final approval by Collier County.
Bentgrass Bend
Preliminary Work Authorization
Page 2 of 4
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:
I) Clearing of the roadways, easements and construction areas.
2) Earth work necessary for the installation of water and sewer lines, water
management swales and roadbed preparation.
3) Installation of the project's required improvements.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Bentgrass Bend consisting of 7 sheets, prepared by Q. Grady Minor & Associates, P.A., dated
July, 1999 hereinafter referred to as the 'The Preliminary Work'. The legal description of the
boundaries of the Preliminary Work is shown on the final plat for Bentgrass Bend consisting of
3 sheets prepared by Q. Grady Minor & Associates, P.A.
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:
1)
Construction plans for Bentgrass Bend consisting of 7 sheets, prepared Q. Grady
Minor & Associates, P.A..
2)
Final plat for Bentgras$ Bend consisting of 3 sheets prepared by Q. Grady Minor
& Associates, P.A..
SECTION 3 - PERMITS REOUIRED
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 permit modification
from the South Florida Water Management district for all matters included in the jurisdiction of
thc South Florida Water Management District, which conforms with the Preliminary Work
' Release plans submitted to the County.
Bentgrass Bend
Preliminary Work Authorization
Page 3 of 4
4- PP V
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 Mallard's Landing until the Mallard's Landing plat is approved and recorded.
SECTION 5' INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss,
damage or expense from clain~ or eau.~a of action including attorneys fees and court costs,
r~'ulting 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 transferrable.
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
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.
Ail work approved by this Agreement must cease and not restart if the final plat is not submitted
and approved by the Board of County Commissionera within this authorization period. No work
is authorized under this Agreement prior to ~atisfying the conditions of A and B in Section 3 of
this Agreement. Any attempt to commence work prior to issuance of requisite permits shall
r~nder all provisions of this Agr~ment 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
procedure~ 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.
Witness
Printed Name
lttis~ ~ ~ ~ll~n's
~T:
¢.~~r~.~ to ~o~ am ~egai
v~'.:.. ~c~:'
STATE OF FLORIDA
COUNTY OF LEE
By:
WCl Communities, Inc.
Alfi'~d '~'. l~,oughe~ //
Vi~ ~sident of ~velopment
Pamela $. MacKie, Chairwoman
The foregoing instrument was acknowledged before me this ,~~7'~ day of/~)g.~t~e.r'
1999, by Alfred P. Dougberty, Vice President of Development of WCI Communities, Inc. He
is personally known to me and did not take an oath.
My Commission Expires:
Printed Nam~x~f Notary Public
L~GAL