Grey Oaks Unit Nineteen !~.CEIVF_D
JUN 2 $ t~O
~1 of Count~ Co~misstoners
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
EN~INEERIN~ REVIEW SECTION
MEMORANDUM
FROM: ,Tohn R. Houldsworth, Senior Engineer
DATE: ,Tune 26, 2000
RE:
Grey Oaks Unit Nineteen
P reJim~i h'(~y:~: '~W~Or k A ut hor i zat ion
Attached please find a Preliminary Work Authorization for Grey
Oaks Unit tg. This document has been reviewed by Engineering
Review and the County Attorney's Office. Collier County
Resolution No,. 93,t47 providesfor 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
GREY OAKS Unit 19
THIS AGREEMENT made and entered into this ,~a~-7~r~ day of~__~, ~J~,-~.~, 2000, by
and between the Board of County Commissioners of Collier County Florida, hereinafter referred
to as "County", and Halstatt Partnership, hereinafter referred to as the "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 95-4 known as the
Grey Oaks Development Ordinance, hereinafter referred to as the PUD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of Grey
Oaks Unit 19. The legal description is attached hereto as exhibit "A" and incorporated herein by
reference; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because maintaining construction schedule for Grey Oaks Unit 19 improvement plans is
paramount with the on-going construction and development of the approved Grey Oaks PUD;
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 agreed by the parties hereto as follows:
ACKNOWLEDGMENT
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.
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Page 1 of 5
SECTION 2
IMPROVEMENTS
Owner shall be permitted to perform the following site preparation and construction
activities subject to the conditions, limitations, and restrictions contained in Sections 3
through 7 below, as follows:
Construction of paving and drainage infrastructure within street rights-of-way and
in those areas which will serve residential areas, to include but not limited to
subgrade, base, asphalt, storm pipe, headwalls, inlets, and sidewalks.
2. Construction of infrastructure to include water, sewer and irrigation mains.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Grey Oaks Unit 19, WilsonMiller, Inc., Drawing File No. D-0120-91, sheet numbers 1
through 10, dated May, 2000, hereinafter collectively referred to as the "Preliminary
Work". The legal description of the boundaries of the Preliminary Work is shown on the
proposed plat for Grey Oaks Unit 19 prepared by Michael H. Maxwell, P.S.M., of
WilsonMiller, Inc.
go
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:
Grey Oaks Unit 19 Final Subdivision Improvement Plans, WilsonMiller, Inc.,
Drawing File No: D-0120-91, sheet numbers 1 through 10, dated May, 2000.
~
Final plat for Grey Oaks Unit 19, prepared by Michael H. Maxwell, P.S.M., of
WilsonMiller, Inc.
SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
a°
Do
County staff finding that the application for Preliminary Work Permits are
complete and satisfactory and are ready for scheduling to the Board of County
Commissioners for final plat approval.
Owner submitting 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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Page 2 of 5
SECTION 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 satisfied. Owner understands
that no building permit will be issued for habitable structures within Grey Oaks Unit 19 until the
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
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 Commissioner's
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 (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 cannot 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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Page 3 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Signed, Sealed and Delivered
in the presence off
Signature
LEA ANN KORN
Printed or typed name
Signature CATHERINE ROBITAILLE
_ Printed or typed name
"(:? '~ ~ D~GiTiT E.:BROCK, CLERK
}, , , ,. .,r ,.'-. ~ , ,
· ':'att~t:'~: to thatch' s
siX,tuft only.
Appr9ved as to fo~ and legal sufficiency:
Collier Co~ A~omc~
Halstall Parmership.. ,
Paul/.,fi(l~rinelfi, as Attorney4' .~. ct
ansY,~dm~nistrative Agent recorded
in~).R. Book 1714, Page 2214,
Public Records of Collier County,
Florida.
BOARD OF~SIONERS
OF COLLIER. CO~, FLORIDA _
By: //~~.d. /~d
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Page 4 of 5
STATE OF FLORIDA )
) §§
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me this 157 ~ V
day of ~e... ,
2000, by Paul J. Marinelli, as Attorney-in-Fact and Administrative Agent recorded in O.R. Book 1714,
Page 2214, Public Records of Collier County, Florida of Halstatt Corporation. ~.e is personally known
to me or who has produced
WITNESS my hand and official seal this
, as identification.
day of ~ 0 ~x*--, 2000.
NOTARY PUBLIC-~TATE OF FLORIDA
DORIS J. LEWIS
Print or Type Notary Name
My Commission Expires:
I1~..:'- g ':~- MY COMMISSION # CO 804833
II~;~.}q~ EXPIRES: May 27, 2~3
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LEGAL DESCRIPTION OF LAND
Description of Proposed Grey Ooks Unit Nineteen
being o replot of Troct A of Grey O(~ks Unit Fifteen,
('to be recorded), Collier County, Florid(~
PLATTED