Glen Eden on the Bayt~r-C~VED
COMMUNITY bEVELOPMENT&
E~VZ~ONAAE~TAL SERVICES bIV~O~~
E~GZ~EE~Z~G ~EVIEW SECTION
MEMORANbUM
TO: Sue Filson, Administrative Assistant
FROM: ~Tohn R. Houldsworth, Senior Engineer
DATE: May )8, 1999
RE:
Glen Eden on the Bay
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Glen
Eden on the Bay. This document has been reviewed by Engineering
Review and the County Attorney's Office. Collie:' 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
Thc North-half(N I/2) oft.he South-half[S 1/2) oft& 5outhc~xt
quarter (SE 1/4) of Section g, Township 41{ .,qou~, P,~'~gc 25
Collier County, Florida, (l~m and except ~ -E~ $O feet ~f~
~ Prtrp~rr7 m m,t ~c Homc~:c~j Property of.'5OPl IIA C. CAR, Al:AS.
~~ ~'~~ ~~ M. C ~-0.
H~Homes~b: 11,71~ 5wale, San Antonio, TX 1fl2t.8
SUI:KIEC'T TO comp~hc~sivc land usc plar~, zoning, resu-icfio~, pmkibitlon.m and other
rcquitcmcnts Lmposcd by govenuucnt,~ ~uthod~, ~t~hktlc~ am~t ma~.,.-,~ ~
m o~'m-wise common m the subdivision; public utility ea.sement~ ofrraord and ut~a:s
oF ctosfi:g.
WARRA.N'I"y DEED
Page Two
Pr~ N~ of
TI~EODORA M. C. DENrNO
NOTARY ACKNOW~.EDGEMEN~f
STArZ OF
I YPED OR PB~D N~ OF NOTARy
MY COMMISSION E~ES:
~c fu~ m~cnt wu ~ledgcd ~f~c mc ~,~ 1~ ~ da of
~ ,~x IHEODO~M C DFN~ -. '~ ~ ~-~ "
~ ~ .. .~-7 ~.~ ~su not ~c ~oa~
........ ~ t~u ~ OF NOTARY
EDEN ON TIlE BAY
PRELIMINARY WORK AUTHORIZATION
Tills AGREEMENT made and entered into thisc::~
- day of
, I99C/ , by and between the Board of County Commissioners of Collier County.
' orida, hereinafter referred to as "County", and Glen Eden on the Bay, L.P. hereinafter
referred to as the 'Owner'.
WHEREAS. the County has adopte6 Collier Count.,,' Ordinance No. 95-62 knov,'n as the
Glen -Eden on the Bay PUD Ordinance, hereinafter referred to as ltv: "PUD"; and
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands
described in O.R. Book 2428, Page 0535 and 0536 of 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 Glen Eden on the Bay, SFWMD Permit No. 11-01694-P; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because in order to commence construction at the earliest possible time due to economic and
developmental time constraints; and
WttEREAS, 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.
il,l'
Eden on the Bay
Preliminary Work Authorization
Page 2 of 4
.SECTION 2 - IMPROVEMENTS
A. Owner shall be permitted to perforln site preparation and construction activities subject
to the conditions, limitations and restrictions contained in Sections 3 through 7 below, as
follows:
l) Clearing of the roadways, easements and conslruction 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
Eden on the Bay consisting of 18 sheets, prepared by Q. Grady Minor & Associates, P.A.. dated
August, 1998, hereinafter referred to as the "The Preliminary Work". Thc legal description
the boundaries of the Preliminary Work is shown on the final plat for -F~.len on the Bay
consisting of 3 sheets prepared by Q. Grady Minor & Associates, P.A.
B. Prior to any work being undertaken, owner si'roll submit to the County complete pcrrnit
packages and applicable review and inspection fees for the necessary permits for the Preliminary
Work (the "Preliminary Work Permits"). These applications are as folio, s:
I)
Construction plans for F. xlen on thc Bay consisting of 18 sheets, prepared Q.
Grady Minor & Associates, P.A..
2~
Final plat for F.5.1en on the Bay consisting of 3 sheets prepared by Q. Grad,,, 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 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
the South Florida Water Management District, which conforms with the Preliminary Work
Release plans submitted to the County.
-Eden on the Bay
Preliminary Work Authorization
Page 3 of 4
SECTION 4 - APPROVAl.
Count>, will issue the Preliminary Work Permits to permit thc l'rcliminary 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 Eden on the Bay until the Eden on the Bay 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 claims or causes of action including attorneys 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 l'rcliminary Work under thc l'rcliminary Work Permits or
any challenge by any person or party objecting to the legality or validity ~)f this Agreement.
SECTION 6 - RESTRICTIONS
This Agreement shall be binding upon the parties and is not transferrable.
SECTION 7 - I.IMITA'FIONS
This Agreement shall expire thirty (30) days from the date of the issuance of thc
Preliminary Work Permits if the project's final plat is not submitted to thc Board of Coumv
Commissioners for approval pursuant to Division 3.2 of the I:md Development Code. unlcss
Owner is delayed in having his final plat reviewed by the Board duc m 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 thc Board of County Commissioners within this authorization period. No work
is authorized under this Agreement prior to satisfying the conditions t)F A and B in Section 3
this Agreement. Any a,empt to commence work prior to issuance of requisite permits shall
render all provisions of this Agreement null and void.
Bv entering into this Agreement thc County docs not guarantee aBd the Owner can not
rely upon the fact that thc project's final plat will be approved upon submission to the F',oard of
County Commissioners. The Owner is required to comply with all of the provisions and
procedures of thc Land I)cvelopmcnt Code boil)re thc final plat can bc submitted to thc Board
for consideration.
IN/WITNESS WI IEREOF, thc parties have executed this Aerccmcnt the day first above
written/., ~ ~
Witn;s Glen Eden on the Bay, L.P.
A Delav,'arc Limited Parmcrship
/ Xloeo_~ x,~,,~o,~O.. By: Western Sales and I)eveJopmen~ Company.
P ri/nted Name
Witness
%-'~ A c~, 1~- t-,,,c e,.~ ,-
Printed Name
By:
Ifs General Partner,
/
Gary Kinsclla. Vice President
ATTEST:
Dwight E. Brock. CI.E,I{K
:4.. " · /
~mve4 as.to form and leual
STATE OF FI.ORII)A
COUNTY OF COI.I.IER
IiOARI) OF COUNTY (;OMMISSIONERS
OF COI.IJER COUNTY. FI.ORIDA
P..nela S M.tcK~c Ch,urwom,m
The foregoing instrument ,..,'as acknov,'ledgcd before me this \ex day of
Igg9, by Gary Kinsella. Vice President. Weslern Sales and Development Compally. a Delaware
Co,oration. General Partner of Glen Eden on the Bay. l..P. on behalf of lhe Partnership. lie
ath./'"'?
is personally known to me and did not take an
My Commission Expires: .... ~ ~ , ' "~ ~; ~,~. ~-
Printed Name of Notary Public
F GE.5