Terranova of Pelican Marsh RECEIVED
tAN ~ 7 2008
Beard of Count~ Co~a,fSsloner$
COMMUN]:'I'Y DEVELOPMENT &
ENVIRONMENTAL SERV]:CE$ DZ:V]:SZON
EN&]:NEER]:N& REV]:EW SECTION
MEMORANDUM
TO:
Sue Filson. Administrative Assistant
__. .................... Z...:._JL ..... ~
FROM: ~Tohn R. Houldsworth, Senior Engineer
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DATE: r~.~.~--~o ~,~,,~
RE:
Terronovo to Pelican Marsh
Prel,m,nory work'A~
Attached please find a Preliminary Work Authorization for
Zerranova at Pelican Marsh. This document has been reviewed by
Engineering Review and the County Attorney's Office. Collier
ap~~-elim'nary, work authorizations. Please have the
Chairman sign the document and forward to the Clerk's office.
Should you hove any questions, please advise.
jrh
CC:
Project File
Reading File
TERRANOVA of PELICAN MARSH
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ~ day of ~ , t:9~,
by and between the Board of County Commissioners. of Collier Count,Florida,' Zherelnafter.
refbrred to as County and Ground Developmenh Inc}: r~ere~nalter referred to as the "Owner".
RECITALS'
WHEREAS, the County has adopted Collier County Ordinance No. 99-33 known as the
Pelican Marsh PUD, hereinafter referred to as the Zoning Ordinance; and
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands
described in O.R. Book i:¢~,~ , Pa~es ~to4'3~ , said legal description attached hereto as Exhibit
"A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has issued a surface water
management permit for "Terranova of Pelican Marsh", SFWMD Permit No. 11-01221-S; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because owner would like to show site activity during tourist season (to the extent possible) and
to complete as much of the work as possible prior to the summer rainy season; 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 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 agreement 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 ackmowledged that the execution of this Agreement does not constitute a
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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:
· Construct proposed sales trailer facility
· Fill proposed road right-of-way
· Install water, sewer, & drainage facilities
The preliminary work detailed in this Section shall be in accordance with plans entitled
"Terranova of Pelican Marsh" consisting of twelve (12) sheets, prepared by Butler
Engineering, Inc, dated October 1, 1999, 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
"Terranova of Pelican Marsh - Unit One," consisting of two (2) sheets prepared by A. Trigo &
Associates, 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 Subdivision Master Plans for "Terranova of Pelican Marsh" prepared by Michael
J. Landy, P.E. #41075 of Butler Engineering, Inc., Project Number 315-01.30, Sheets 1
thru 12 dated October 1, 1999 (November 17, 1999 latest revision)
· Final Subdivision Plat for "Terranova of Pelican Marsh - Unit One" prepared by A.
Trigo, P.L.S. #2982 ofA. Trigo & Associates, Inc., Sheets 1 & 2
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work permits shall be conditioned upon the following:
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.
bo
Owner submitted to the County a copy of the early work permit or actual 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
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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 will be issued for habitable structures within the
"Terranova of Pelican Marsh" project until the "Terranova of Pelican Marsh - Unit One"
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 connections 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 transferrable.
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
Owner is delayed in having final plat review 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 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
~,1 J. Landy
Butler
STATE OF FLORIDA
Ground Developmen~ Inc.
Steven C. Fitterman, President
COUNTY OF COLLIER
Before me, the undersigned authority, this day personally appeared Steven C. Fitterman,
to me well known and known to me to be President of Ground Development, Inc'~'and he
acknowledged to and before me that he executed said Agreement on behalf of and in the name of
said Corporation; that he is duly authorized by said Corporation to execute said Agreement and
that said Agreement is the free act and deed of said Corporation.
IN WJ, TNESS WHEREOF I have hereto set my hand and affixed my official seal this
day of~,'~' ~ .A.D., 1999 ~, 'r~ ~
.~,:.~.My Comm;~n CC~
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Notaw Public in and for the
S te and Co~y aforesaid.
-~y Commission Expires: ~
._-' -' Dwigh!:'E:~Brock, Clerk
_.: -:...:
:. Attest. Chah'mn's
t* orm and
sufficiency:
Ass~ist~nnt ~ou~y Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kie, Chairwoman
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