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Lands End PreserveCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer,_~0A~[ DATE: October 20, 2003 RE: Lands End Preserve Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Lands End Preserve. 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 Lands End at Rookery Bay PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this o~jD day of ~0~ between the Board of County Commissioners of Collier County, Florida, hereinafter "County", and WCI Communities, Inc. hereinafter referred to as the "Contract Purchaser". ,_2003, by and referred to as WHEREAS, the County has adopted Collier County Ordinance No. 03-04 known as "Lands End Preserve" PUD Ordinance, hereinafter referred to as the "PUD"; and WHEREAS, Contract Purchaser represents and warrants it is the contract purchaser of the 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 preliminarily approved the surface water management permit for Lands End SFWMD Permit Appl. No. 030502-17; and WHEREAS, Contract Purchaser 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, Contract Purchaser 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 - 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. Lands End at Rookery Bay Preliminary Work Authorization Page 2 of 4 SECTION 2 - IMPROVEMENTS A. Contract Purchaser 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 Lands End at Rookery Bay consisting of 30 sheets, prepared by Q. Grady Minor & Associates, P.A., dated September, 2003 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 Lands End at Rookery Bay consisting of 5 sheets prepared by Q. Grady Minor & Associates, P.A. B. Prior to any work being undertaken, Contract Purchaser 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 Lands End at Rookery Bay consisting of 30 sheets, prepared Q. Grady Minor & Associates, P.A.. 2) Final plat for Lands End at Rookery Bay consisting of 5 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 Commissioners for final plat approval. b. Contract Purchaser 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. Lands End at Rookery Bay 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. Contract Purchaser understands and acknowledges that no building permit will be issued for habitable structures in Lands End at Rookery Bay until the Lands End at Rookery Bay plat is approved and recorded. SECTION 5 - INDEMNIFICATION Contract Purchaser 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 Contract Purchaser'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 - 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 Contract Purchaser 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 Contract Purchaser can not rely upon the fact that the project's final plat will be approved upon submission to the Board of County Commissioners. The Contract Purchaser 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. Lands End at Rookery Bay Preliminary Work Authorization Page 4 of 4 IN WITNESS WHEREOF, the parties have executed this Agreement the day first above Wimess Printed Name By: WCI Communities, Inc. By: -~-- - ~ Its Vice President, Timothy Oak Printed Nal/t~' ......... Approved as to form and legal David C. Weigel Collier County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ! . T~m ~ennihg'~hairman ~ STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this .,2 5-'Y~day of ~,~-~"~-- 2003, by Timothy Oak, Vice President of WCI Communities, Inc. He is personally known to me and did not take an oath. WITNESS my hand and official seal this JS- day of e.~o/e~/'-~_ 2003. Notary Public ,.._~.,t~,C~ ~: ~~~ My co~ission expires: (affix notarial seal there)~ '~/~ II ,~'~..- JOYCE E. VAN DEUSEN I~ ll-"'~[~"e~-"~ MYCOMMISSION#DD 118229 Ii~ EXPIRES: May 20, 200~ Il II LEGAL DESCRIPTION METES AND BOUNDS PARCEL OF LAND L OCA TED IN THE SOUTH 1/2 OF SECtiONS 4 AND 5, TOWNSHIP SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARtiCULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SECtiON 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 89'~39'~8" W, ALONG THE SOUTH L/NE OF THE SOUTHEAST OUARTER (S.E. I/4) OF SECtiON 5, TOWNSHIP 5~ SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 1,511.2,3 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST OUARTER (S.E. 1/4) OF THE SOUTHEAST OUARTER (S.E. 1/4) OF SAID SECtiON 5; THENCE RUN N 01'12'49"E, ALONG THE WEST LINE OF THE SOUTHEAST OUARTER (S.E. 1/4) OF THE SOUTHEAST OUARTER (S.E. 1/4) OF SAID SECtiON 5, FOR A DISTANCE OF 2,021.18 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF (S. 1/2) OF THE NORTHEAST OUARTER (N.E. 1/4) OF THE SOUTHEAST OUARTER (S.E. 1/4) OF SAID SECtiON 5; THENCE RUN S 89'44'0~" E, ALONG THE NORTH LINE OF THE SOUTH HALF (S. 1/2) OF THE NORTHEAST OUARTER (N.E. 1/4) OF THE SOUTHEAST OUARTER (S.E. 1/4) OF SAID SECtiON 5, FOR A D/STANCE OF 1,,31L86 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST OUARTER (S.W. 1/4) OF THE AFOREMENtiONED SECtiON 4; THENCE RUN N 01'75'51" E, ALONG THE WEST LINE OF THE SOUTHWEST OUARTER (S.W ~/4) OF SAiD SECtiON 4, FOR A D/STANCE OF 674. J3 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST OUARTER (S.W. 1/4) OF SAID SECtiON 4; THENCE RUN N 88'30'27"E, ALONG THE NORTH LINE OF THE SOUTHWEST OUARTER (S.W. 1/4) OF SAID SECtiON 4, FOR A D/STANCE OF 2,656.40 FEET FO THE NORTHEAST CORNER OF THE SOUTHWEST OUARTER (S.E 1/4) OF SAID SECtiON 4; THENCE RUN N 88'50'29"E, ALONG THE NORTH LINE OF THE SOUTHEAST OUARTER (S.E 1/4) OF SAID SECtiON 4, FOR A D/STANCE OF ,302.00 FEET TO A POINT ON THE WEST RIGHT-OF-WA Y LINE OF BAREFOOT WILLIAMS ROAD (A 60 FOOT RIGHT-OF-WA Y),. THENCE RUN S 09'04',~`3" E, ALONG THE SAID WEST RIGHT-OF-WAY L/NE, FOR A D/STANCE OF 1,394.79 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST OUARTER (S.W. 1/4) OF THE SOUTHEAST OUARTER (S.E. 1/4) OF THE AFOREMENTIONED SECTION 4; THENCE RUN S 09'04'25"E, ALONG SAID WEST R/OHT-OF-WAY LINE, FOR A D/STANCE OF 1,40,3.91 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (S.E. ~/4) OF SAID SECtiON 4; THENCE RUN N 89'18'10" W, ALONG THE SOUTH LINE OF THE SOUTHEAST OUARTER (S.E. 1/4,) OF SAID SECtiON 4, FOR A DISTANCE OF 775.46 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (S. W. ~/4) OF SAID SECtiON 4; THENCE RUN S 89'54'57" W, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER (S.W. ~/4) OF SAID SECtiON 4, FOR A D/STANCE OF 2,681.42 FEET TO THE ~OINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 261.612 ACRES, WORE OR LESS.