Isla Del SolCOMMUNITY bEVELOPMENT &
ENVIRONMENTAL SERVICES bIVI$ION
ENGINEERING REVIEW SECT'ZON
MEMORANbUM
TO: Sue Filson, Administrative Assistant
FROM: ~Tohn R. Houldsworth, Senior Engineer
DATE: ~Tune [~, :[999
RE:
[sla Del $ol
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Zsla
Del 5ol. 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
Isla Del Sol
(Fiddler's Creek Parcel 9)
I'RELIMINARY WORK AUTttORIZATION
TillS AGRL:EMENT made and entered into this /6~__~ day of ~
1999, by and between the Board of County Commissioners of Collar County. Florida.
hereinafter referred to as 'County", and 951 l,and I loldings Joint Venture hereinafter referred
to as the "Owner".
WIIF, REAS. the Cnunty has adopted Collier County Ordinance No. 98-13 known ;ts thc
Fiddler's Creek PUl) Ordinance. hereinafter referred to as tile "PUl)": and
WIIFAiI:~AS, Owner represents and warrants it is the record fcc title owner of thc lands
described in O.R. Book 1911. Page 144 of thc public reco: 'Is of Collier County. Florida. said
legal description attached hereto as Exhibit "A" and incorporated herein by reference: and
WIIERI-TAS. the South Florida Water Management District has approved thc surface
water management permit for Fiddler's Creek. SFWMI) Permit N~. 11-00685-S: and
WItEI?,I:'AS. Owner represents that thc Preliminary Work Autlmriz;ttitm is needed
because in order to commence constructi{m at thc earliest possible time due to econoa~ic and
developmental time constraints: and
WItEREAS. Owner acknowledges that all rcquircmcms {71' Cnllier County's Growth
Management Plan and Adequate Public Facilities Ordinance. N(). 93-82. will be met prior to
approval of a final subdivision plal. or final site dcvelopmcnl plan or building permit, as
appropriate: and
WIII:'REAS. Section 3.2,7.3.6 of tile l,and Development Code establishes a mechanism
fi)r processing and issuing a I'rcliminary Work Authorization.
NOW THEREFOI?,F,. in consideration of the premises, the mutual undertakings ()I' the
parties, and other good and valuable consideration, it is agreed by the parties hereto as follows:
SECTION I - ACKNOWI.EDGEMENT
The foregoing recitals are true and correct and arc 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.
Isla Del Sol
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:
1) 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 preparatior
3) Installation of the project's required improvements.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Isla Del Sol consisting of II sheets, prepared by Q. Grady Minor & Associates, P.A., dated
April, 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 Isla Del Sol 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:
I)
Construction plans for lsla Del Sol consisting of II sheets, prepared Q. Grady
Minor & Associates, P.A..
2)
Final plat for Isla Del Sol consisting of 3 sheets prepared by Q. Grady Minor &
Associates, P.A..
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 Colnmissioners 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
the South Florida Water Management District, which conforms with the Preliminary Work
Release plans submitted to the County.
lsla Del Sol
Preliminary Work Authorization
Page 3 of 4
SECTION 4 - APPROVAl,
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 w;~l be issued for habitable structures
within Isla Del Sol until the Isla Del Sol plat is approved and recorded.
SECTION 5 - INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against an>' 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 tile parties and is nol transferrable.
SECTION 7 - LIMITATIONS
This Agreement shall expire thirty (30) days from the date of tile issuance of thc
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 th~
Owner is delayed in having his final plat reviewed by the Board due to the fault o£ the Count,,,.
All work approved by this Agreement must cease and not restart if the fi,"l 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 of A and B in Section 3 of
this Agreement. Any attempt to commence work prior to issuance of requisite pemfits 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.
IN WITN -ESS WttEREOF. the parties have executed this Agreement the day first above
writtT.
Withe, ss
Printed Name
Printed
' Dwight E. Br~k,'CLE~
Approved as to form and legal
sufficiency:
,_ .~/~. o ;,,t ~.~
95I Lanq Holdings Joint Venture
,ts d__~ ~ral
/,'/ ./ ~. ..
'{
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this lq'Oday of /'.'.'7,2~o,
1999, by Aubrey J. Ferrao, President, GB 100. Inc., a Florida Corporation, General Partner
951 Land Holdings Joint Venture on behalf of the Joint Venture. tie is personally known to mc
and did not take an oath.
My Commission Expires:
Printed' Name of Notary Public
F:GE.5
(.;Judy A Pancake
l~ Ivey (~:~rmli$8,~o CC745054
E..xplre.~ M~y 27, 2002
EXHIBIT 'A'
Ix:gal Description
Isla Del Sol
Parcel F-9 of Fiddler's Creek Phase lB, Unit Three. Plat Book 29, Pages 77 throuuh 85.
Public Records of Collier County. Florida. ~