Pelican Strand Replat 6- Tr. 10COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO:
Sue Filson, Administrative Assistant
FROM: John R. Houldswo, rth, Senior En!3ineer
,;
DATE: October 16, 1998
RE:
Pelican Strand, Replat 6 - Tract 10
Preliminary Work Authorization
Attached please find a Preliminary ~/ork Authorization for Pellican Strand, Replat 6 - Tract 10.
This document has been reviewed by Engineering Review and the County Attorney's Office. Collier
County Resolution No. 93-14.7 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
PELICAN STRAND REPLAT-6
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into th~s~'. . ' "~ ,-
._ chq.~ o1., _., t I0O8, bv and betweol the
Board of Cotu%, Commissioners of Collier Cotmty, Flori~q hereinafter referral to as "C<;tu~ty" and Pelican
Strand Ltd., hereinafter referred to as the "Owner",
RECITALS
WHEREAS. tile Cotu~tv has adopted Colher Cotu~ty Orchnance No, 07-75 known as the Pelicnn
Strand Planned Unit Development Ordinauce hereinafter referred to as Pelic~m Strand; and
WHEREAS, C)wner rcpresc~]ts and x~,'arrants it is the record fee title ox,a~er of file lands described in
Pelican Strand Replat-6, said legal description attached hereto as Exhibit "A" and incorporated herC~n by
referc'~ce: and
WHEREAS, thc So.th Floricta Water Management District has issued a permit for a surface
management construction for Pelic.qn Stranck S FWMD Permit No. I 1-0146 I-P: and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because they
to have infrastructure constructed m time for upcoming seasonal sales; and
WHEREAS. Ovmer represents and warrants that no construction shall occur in c~vironmc~nally
sensitive are~qs tmless the necessary permits and approvals for the constrt,ction have been obtained by the
Oxvner: and
WHEREAS. Ckvner ackno,.vledges that all reqtfrc~nents of Collier Cotu~ty's Gro~,~',J~ Managemc~t
Plan and Adequate Public Facilities Ordinance. No. 03-82, will be met prior to approval of a filial
subdivisions plat. or final site development plan or building permit, as appropriate; and
WHEREAS. Section 3.2.7.3.6 of die Land Development Code establishes a mechanism, for
processing and isstUng a Preliminnry Work Aufllorization.
NOW THEREFORE, itl consideration of the premised, thc mutt~nl tuldertakmgs of die parties, and
other good and valuable consideration, it is agreed by the parties hereto as follows-
SECTION I - ACKNOWLEDGMENT
The foregoing recitals are true and correct and are incorporated herem by rtl'crevice. Further, it is jointly
ackno,,,,4edged that fl~e execution of' this Agreement docs not constitu£c a Developmc~t Order or any other
final approval by Collier Cotmty.
...................... Iii
ION 2
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-.
Infrastructure construction to consist of site clearing and filling ,Mthin Tract I0, installation of
water distribution mains, sanitary collection mains and storm drainage and roadway construction.
The preliminary work detailed in this Section shall be in accordance with plans entitled Replat 6,
Tract I0 Improvement Plans consisting of nine (9) sheets, prepared by Mark D. McCleary, P.E.,
Community Engineering Services, Inc. dated September 15, 1998 hereinafter referred to as the
"The Preliminary Work". The legal description of the boundaries of the Preliminary Work is
shown on the preliminary plat for Replat 6 at Pelican Strand consisting of three (3) sheets
prepared by Roger !I. Harrah - LS#5294, Community Engineering Services, Inc.
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:
Final Plat 98-37
Subdivision 98-23 C( c'~:'., tv, t.t t t~,',_, ~lt, co%
_SEC___T_TLQ. N 3 - PERMITS REQUIRED
Issuance ofthe 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 scheduline to the Board of County Commissioners for final plat
approval. ~ -
b. Ch,'ner submitting to the County a copy ofthe actual permit from the South Florida Water
Management District for all matter included in the jurisdiction of the South Horida Water
Management District, which conforms with the Preliminary Work Release plans submitted to the
County.
DEP Permit and plans for sanitary construction are currently under County review.
DEP Permit and plans for water service construction are currently under County review.
SEC'FION 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 ~tisfied.
SECTION 5- INDEMNIFICATION
Owner agrees to indemnify and hold County hamfless 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 CKvner's negligence and/or willfifl misconduct in the
construction ofthe 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
The Agreement shall be binding upon thc 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 ifthe project's final plat is not submitted to the Board of County Commissioners for
approval pursuant to Division 3.2. ofthe 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.
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 v~'ill be approved upon submission to the Board of County
Commissioners. The Owner is required to co~nply 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.
Witness
Printed Name
'Witness
Printed Name
STATE OF FI,ORIDA
COUNTY OF .,
Pelican Strand Ltd., A lqodda Limited F'artnership
Pelican Strand Development Corporation, A Florida
Corporation, as .GTeral Pa,~ner
R. I a'~l llardy
Vic,.' F'resident
On this " da), of Septemb'e~. 1998 belbre me, personally appeared R. Paul ttardv. Vice
President of Pelican Strand Development Corporation. a General Partner of Pelican Stran'd I.td..
personally kno~m lo me to bc the person who subscribed to the foregoing instrument.
NOTARY PUBLIC, STA'I"i.~ OF FLORIDA
Print Name:
ATTES'F:
CLERK'S NAME, CLERK
Approved as to Fora and legal sufficiency:
Assi~ant County Attorney
BOARD OF COUNTY COMMISSIONERS
()F COI,LIER COUNTY. FLORIDA
Bar'bara ge~-ry?chair'~n 'x(-~
LEGAL DESCRIPTION
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