Loading...
BrentwoodCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer...~O~ DATE: March 1, 2002 RE: Brentwood Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Brentwood. 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 Brentwood PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this ~ day of_/~~ ., 200~by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County", and Brentwood Land Partners, L.L.C. hereinafter referred to as the "Owner". WHEREAS, the County has adopted Collier County Ordinance No. 99-89 known as the Brentwood PUD Ordinance, hereinafter referred to as the "PUD"; and WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in O.R. Book 365, Page 407 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 Brentwood (as part of Malibu Lake master system), SFWMD Permit No. 11-01859-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 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 1 - ACKNOWI,EDGEMENT 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. Brentwood 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 preparation. 3) Installation of the project's required improvements. The preliminary work detailed in this Section shall be in accordance with plans entitled Brentwood consisting of 11 sheets, prepared by Q. Grady Minor & Associates, P.A., dated August, 2000 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 Brentwood consisting of 2 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 Brentwood consisting of 11 sheets, prepared Q. Grady Minor & Associates, P.A.. 2) Final plat for Brentwood consisting of 2 sheets prepared by Q. Grady Minor & Associates, P.A.. SECTION 3 - PERMITS REQI IIRED 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. Brentwood 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 will be issued for habitable structures within Brentwood until the Brentwood 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 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 - I,IMITATIONS 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. 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 of 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 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 WITNESS WHEREOF, the parties have executed this Agreement the day first above written. Wimess Wimess Printed Name By: By: Brentwood Land Partners, LLC Michael E. Nortman Vice President AtteK,ll lo Ch4tnlln's :~!;~ 'Dwig~,,E. Brgck, CLERK "':XP~k/~'~hS to form and legal BOARD OF COUNTY COMMISSIONERS OF COLLIER ~ UNTY, LORIDA By: ,.:!i~J 'J/~l'h~% B}~ ~bL~h' Chairman Exhibit "A" LEGAL DESCRIPTION BRENTWOOD COMMENCE at the Northeast comer of Section 30, Township 48 South, Range 26 East, Collier County, Florida; Thence run South 02E36'10" East, along the East line of the Northeast quarter of said Section 30, for a distance of 111.03 feet to the POINT OF BEGINNING; Thence continue South 02E36'10" East, along said line, for a distance of 1,224.68 feet; Thence run South 89E35'09" West, along the south line of the Northeast Quarter of the Northeast Quarter of said Section 30, for a distance of 660.82 feet; Thence run North 02E34'19" West, along the west line of the East Half of the Northeast quarter of the Northeast Quarter of said Section 30, for a distance of 1,142.33 feet to a point on the Southerly Right-of-Way line of Interstate 75 (Access Road)(Parcel 105.1-NDFAP); as described in Official Records Book 365 at page 408; Thence run North 86E54'14" East, along said line, for a distance of 68.57 feet; Thence run North 87E44'01" East, along said line, for a distance of 99.57 feet Thence mn North 02E15'59" West, along said line, for a distance of 60.00 feet to a point on the Southerly Right-of-Way line of Interstate 75 (Parcel 105.1R), as described in Official Records Book 365 at Page 408; Thence mn North 87E44'01" East, along said line, for a distance of 491.25 feet; to the POINT OF BEGINNING; Containing 18.162 acres, more or less. Bearings hereon refer to the North line of the Northeast Quarter of Section 30, Township 48 South, Range 25 East, Collier County, Florida; as being N 89E44'01" E.