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Bellagio @ Fiddler's Creek COMMUNITY DEVELOPMENT I~°a~d or ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: JOhn R. HOuldsworth, Senior EngineerJo ~._~/ DATE: October 16, 2000 RE: Bellagio and Majorca at Fiddler's Creek Preliminary Work Authorization Attached please find a Preliminary Work Authorizations for Bellagio and Majorca at Fiddler's Creek. These documents have 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 documents and forward to the Clerk's office. Should you have any questions, please advise. jrh cc: Project File Reading File Fiddler's Creek Parcel 5 PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this ~X~ day of ~xtca u x'U ,_2000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County", and GBFC Development, Ltd., hereinafter referred to as the "Owner". WHEREAS, the County has adopted Collier County Ordinance No. 98-13 known as the Fiddler's Creek PUD Ordinance, hereinafter referred to as the "PUD"; and WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in O.R. Book 1911, Page 144 of 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 approved the surface water management permit for Fiddler's Creek, SFWMD Permit No. 11-00685-S; and WHEREAS, Owner 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, 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: 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. F:LIOB\FIDCREEK\MWM\PRELIM5 .DOC FC5.PLT Fiddler's Creek Parcel 5 Preliminary Work Authorization Page 2 of 4 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 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 entitled Fiddler's Creek Parcel 5 consisting of 8 sheets, prepared by Q. Grady Minor & Associates, P.A., dated August, 2000 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 Fiddler's Creek Parcel 5 consisting of 3 sheets prepared by Q. Grady Minor & Associates, P.A. 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: 1) Construction plans for Fiddler's Creek Parcel 5 consisting of 8 sheets, prepared Q. Grady Minor & Associates, P.A.. 2) Final plat for Fiddler's Creek Parcel 5 consisting of 3 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 fmding that the applications for Preliminary Work Permits are complete and satisfactory and am 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 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. F:XJOB\FIDCREEK\MWM\PRELIM5. DOC FCS.PLT Fiddleifs Creek Parcel 5 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. Owner understands and acknowledges that no building permit will be issued for habitable structures within Fiddler's Creek Parcel 5 until the Fiddler's Creek Parcel 5 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 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 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 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. F:\JOB\FIDCREEK\MWM\PRELIM5.DOC FCS.PLT IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. W~tness Printed Name Witness Printed Name By: GBFC Development,,~td.A / tr Attorney-in-fact & Not Individually ATTEST: Dwight E. Br0cl% CLERK $tg~t::~edr~t,o form and legal BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~DA By: C x i~ STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this \%T~ day of ~-4c,~ {-- 2000, by Mark P. Strain, Attorney-in-fact for GBFC Development, Ltd. He is personally known to me and did not take an oath. My Commission Expires: c~l~x .*'~-~?'~?~'; Notar public, State of Florida [~i ~-'= My com~ expires September 1L 2001 Printed Name of Notary Public F:UOB\FIDCREEK\MWM\PRELIM5 .DOC FC5.PLT NO TIOE ~' PLA ~ AS RECORDED /N ITS CRAPH/C FOR/d, /S THE 7C/AL DEPICT/ON OF THE SUBDIVIDED LANDS DESCRIBED ?E/N AND Y4LL /N NO C/RCUlvfSTANCES BE SUPPLANTED qUTHOR/TY BY ANY OTHER CRAPH/C OR DIGITAL FORk( THE PLAT. THERE IdA Y BE ADDITIONAL RESTRICTIONS IT ARE NOT RECORDED ON THIS PLAT THAT /dAY BE /ND /N THE PUBLIC RECORDS OF THIS COUNTY. THIS PLAT APPROVED BY TH~ THIS .... DAY OF ...... COUNTY THIS PlAT APPROVED IN REOI COUNTY COWktlSSIONERS OF DAY OF .............. THE PLAT IS FILES IN THE OF COURT OF COLLIER COUNTY, LEGAL DESCRIPTION DY¢GHT £ BROCK CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNT ATTEST: ALL OF TRACT 5 AS SHOWN ON THE PLAT OF F/DDLER'S CREEK PHASE 2A. UNIT ONE, RECORDED IN PLAT BOOK AT PAGES THROUCH , OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; CONTAIN/NSI$.511 ACRES , WORE OR LES2 FILIN( t HEREBY CERTIFY THAT THIS THAT IT COI~PLIES ~TH THE ,~ OF THE STATE OF FLORIDA. WAS filED FOR RECORD AT_ 2000, AND RECORDED IN PLA; THROUOH ...... OF THE PU F_X.-A PRINTED TITLE SLATE OF FLORIDA ) s.~ COUNTY OF COLLIER ) /, k~ARK J. ~00DWARD, A DUl Y CER17FY THAT t HAVE EXAI~INED AS RECORDED /N OFFICIAL RECC OF THE PUBLIC RECORDS OF Cd TAXES HA VE BEEN PAID.' AND 1 AND IdORTCADES, EXCEPT THAT