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Royal Palm Golf Estates Golf Co COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING SERVICES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engin~ DATE: March 10,2005 RE: Royal Palm Golf Estates Golf Course Plans Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Royal Palm Golf Estates. 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 PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this _ day of , 20_, by and among the Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and Naples Golf Club South. LLC, Naples Golf Development LLC, and Naples South. LLC hereinafter referred to as "Owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 04-60 known as the Boyne South PUD Ordinance, hereinafter referred to as the Boyne South PUD; and WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in Royal Palm Golf Estates, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District is currently reviewing an application for a surface water management permit for Royal Palm Golf Estates SFWMD Application No. 040402-2; and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because construction of infrastructure needs to occur as soon as possible due to economic and development schedule reasons; and WHEREAS, Owner represents and warrants that no construction shall occur in environmentally sensitive areas unless the necessary permits and approvals for the construction have been obtained by the Owner; 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 a final site development plan or building permit, as appropriate; and WHEREAS, Section 10.02.04 AA.f 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 for other good and valuable consideration, it is agreed to 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. 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 vegetation necessary for golf course and lake construction. 2. Earthwork necessary for the lakes and swales. 3. Installation of storm drainage pipes, structures, and swales within the golf course tracts. The preliminary work detailed in this Section shall be in accordance with plans entitled Royal Palm Golf Estates, Golf Course Construction Plans consisting of 18 sheets, prepared by Hole Montes Inc., dated January 2005, hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the Preliminary Work is shown on the preliminary plat for Royal Palm Golf Estates Replat #3 consisting of II sheets prepared by Hole Montes 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 ("Preliminary Work Permits"). These applications are as follows: 1. Royal Palm Golf Estates, Golf Course Construction Plans consisting of 18 sheets prepared by Hole Montes, Inc. 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 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. SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit for habitable structures within the Royal Palm Golf Estates until the Royal Palm Golf Estates Replat #3 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 attorney's 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. 2 W:\2002\2002133\Permits\PRELIMINARY WORK AUTHORIZATION 050125.doc - '''_._-.~-_."._"_._--". -- " 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 Chapter 10 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 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 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. (Printed N:;tm ""'. . I":! '¡ft,^' ,.1'\ . ¡;)'~" .tl! " , þ~,~'ct .~ftr~.,;¡/·'" L"., A TTES1: .DWIUftT.'Ët"BROCK, CLERK , ." ...., '~~1'j-' .~,.;: ". 1'_,"1 . .. ;-:,. :""'~;':¡.".;jt,.~'..,¡, '~.."": :. >:. 'ij,þfj" ; " )y.) 1 ... ,.,,,~ .. '.~ p . .Y CŒ~~/{..'. ~l.. .:' . A~·~...tt. ~.~ ~,,~~ilri';'¡nd legal sufficiency: . " OARD OF COUNTY COMMISSIONERS F COLLIER COUNTY, FLORIDA ~W.~ FRED W. COYLE, CHAIRM 3 W:\2002\2002133\Permits\PRELIMINARY WORK AUTHORIZATION 050125.doc PROPERTY DESCRIPTION ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGES 13 THROUGH 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NOTES: THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89·32'25" E. THIS SURVEY HAS BEEN PREP ARED SPECIFICALLY AND EXCLUSIVELY TO RECOVER OR RE-ESTABLISH THE PLAT BOUNDARIES AS ORIGINALLY MONUMENTED TOGETHER WITH ESTABLISHING CENTERLINE CONTROL, UTILIZING PLAT DATA, FOR ALL INTERNAL PAVED ROADWAYS. IMPROVEMENTS EXISTING WITHIN THIS PROPERTY HAVE NOT BEEN LOCATED. EASEMENTS, OTHER THAN THOSE ALONG THE PLAT BOUNDARY, HAVE NOT BEEN DEPICTED IN THIS SURVEY. THIS GRAPHIC DEPICTION OF THE REPLA T OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE HAS BEEN INCLUDED FOR CLARIFICATION PURPOSES. NO OTHER INTERNAL LOTS OR TRACTS HAVE BEEN DEPICTED ON THIS SURVEY. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF" A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFIED TO: BOYNE U.S.A. - SOUTH, INC. I HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED - PROPERTY WAS SURVEYED UNDER MY DIRECTION ON '2/12/98. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT TO CHAPTER' 61 G17-6, F.A.C.