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Da Vinci Estates COMMUNITY DEVELOPMENT ~ ~ ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Fngineer..~c) DATE: October 17, 2000 RE: da vinci Estates Preliminary Work Authorization Attached please find a Preliminary Work Authorization for da Vinci 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 DA VINCI ESTATES IN OLDE CYPRESS PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this 12th day of October, 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County", and H.B. HOLDiNGS OF SOUTHWEST FLORIDA, LLC, hereinafter referred to as the "Owner." RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 2000-11 known as the DA VINCI ESTATES IN OLDE CYPRESS Ordinance, hereinafter referred to as the DA VINCI ESTATES IN OLDE CYPRESS PUD; and WHEREAS, the Owner represents and warrants it is the record fee title owner of the lands described in DA V1NCI ESTATES IN OLDE CYPRESS said legal description attached hereto as Exhibit "A: and incorporated herein by reference; and WHEREAS, the South Florida Water Management District has approved a surface water management permit for DA V1NCI ESTATES iN OLDE CYPRESS, SFWMD PERMIT NO. 11-01232-S; 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 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: W:\1999\1999011 \ghh\DAVINCIESTATES-PreliminaryWorkAuthorization,DOC Page 1 SECTION 1 - 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. SECTION 2 - IMPROVEMENTS 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 project infrastructure, lake excavation and stockpiling of fill. 2. Excavation of water management lake. 3. Earthwork necessary for the installation of water and sewer lines, drainage pipes, swales and roadbed preparation. 4. 4. Installation of storm drainage pipes and swales. The preliminary work detailed in this Section shall be in accordance with plans entitled CONSTRUCTION PLANS FOR DA ViNCI ESTATES IN OLDE CYPRESS consisting of 16 sheets, prepared by HOLE, MONTES & ASSOCIATES, iNC., dated April, 2000 and revised October, 2000, hereinafter referred to as "The Preliminary Work." The legal description of the boundaries of the Preliminary Work is shown on the preliminary plat for DA VINCI ESTATES IN OLDE CYPRESS consisting of 5 sheets prepared by THOMAS M. MURPHY, PSM, HOLE, MONTES & ASSOCIATES, INC. 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: DA VINCI ESTATES IN OLDE CYPRESS construction plans consisting of 16 sheets prepared by Hole, Montes & Associates, Inc. DA VINCI ESTATES IN OLDE CYPRESS, final plat consisting of 5 sheets prepared by Hole, Montes &Associates, Inc. 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. W:\ 1999\199901 I \ghh\DAVINCI ESTATES-PreliminaryWorkAuthorization. DOC Page 2 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. SECTION 4 - INDEMNIFICATION Owner agrees to indemnify and hold County harmless against any and all liability, loss, damage or expenses from claims or causes of action, including attorneys fees and court costs, resulting from, arising out of, or 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 the Agreement. SECTION 5 - RESTRICTIONS This Agreement shall be binding upon the parties and is not transferable. SECTION 6 - 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 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. W:\1999\1999011 \ghh\DAVINCI ESTATES-PreliminaryWorkAutho~/zation. DOC Page 3 IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. (OWNER) Signed, Sealed and Delivered H.B. HOLDINGS OF SOUTHWEST FLORIDA, LLC, A Florida Limited Liability Company BY: In the pre~sence of: Witness Printed.~blame ~[tnes. s '/ , _ · / Pr(n~ed Name ATTEST: Dwight Brock, Cl~rk ':;.'5"' ..( . , ,~pprovea as to lb~ ~d legal sufficiency: Patrick ~ite, Assist~t Co~ty Attorney EURO-FLORIDA FUNDINGS, INC. Management of H.B. Holdings, LLC M chaoL a '~ " BOARD OF COUNTY COMMISSIONERS STATE OF: Florida COUNTY OF: Collier The foregoing instrument was acknowledged before me this/~ ,~d day of ff~'/o~Jt'~ 2000 by Michael Bahms, President for H.B. HOLDINGS OF SOUTHWEST FLORIDA LLC , a Corporation authorized to do business in the state of Florida. He is personally known to me and did not take an oath. My Commission Expires Commission Number o~:'~,,~ ,~,g-~ Printed Name of Notary Pubtic W:\1999\199901 I \ghh\DAVINCI ESTATES-PreliminaryWorkA uthorization.DOC Page 4 ~IBIT "A" Legal Description A parcel of land located in a portion of Section 21, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: E 1/2 - SW ~A - NW ~A, W x/2 - SE V4 - NW V4, all of Section 21, Township 48 South, Range 26 East, Collier County Florida. Notes: This property is subject to easements, reservations, or restrictions of record. Beatings shown hereon refer to the south line of the southeast t/4 of Section 21, Township 48 South, Range 26 East as being S. 89° 09 ' 28" W. Property Area: 40.37 acres, more or less.