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Bent Grass/Bay Colony Golf Club NOV 0 3 Iggg 8oard of Count~ Coetts$1o~er$ ¢OMMUN~ETY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVTSION ENGINEERING REVI~ SEC3-ZON MEMORANbUM TO: 5u¢ Filson, Administrative Assistant FROM: ~Tohn R. Houldsworth, Senior Engineering__/ DATE: ct, bber-~8, 1999 I~en~. ~olony_Golf,~lub Pre ~on ~ Attached please find a Preliminary Work Authorization for 8ant Grass at The Estates at the Bay Colony Golf Club. This document has been reviewed by Engineering Review and the County Attorney's Office. ColIi-=.----_'::=.,,;~,,R~,.,;G; ;,.,,,+,f,.;: ;~g~ ou* o,'i tion,. orward to the Clerk's office. 5hould you have any questions, please advise. jrh CC: Project File Reading File Bentgrnss Bend At The Estntes At Bay Colony Golf Club PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this ~ day of ~, 1999, by and between the Board of County Commissioners of Collier County. Florida, hereinafter referred to as "County.', and WCI Communities. Inc. hereinafter referred to as the "Owner". WHEREAS. the County has adopted Collier County Ordinance No. 93-27 known as the Pelican Marsh PUD Ordinance. hereinafter referred to as the "PUD"; and WHEREAS, Owner represents and warrants it is the record fee title owner of tl~ lands described in 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 Pelican Marsh SFWMD Permit No. I 1-01121-S: and WHEREAS, Owner represents that the Preliminary Work Authorization is needed bec. aug 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 I - 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. Bentgrass Bend 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: I) 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 Bentgrass Bend consisting of 7 sheets, prepared by Q. Grady Minor & Associates, P.A., dated July, 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 Bentgrass Bend 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 Bentgrass Bend consisting of 7 sheets, prepared Q. Grady Minor & Associates, P.A.. 2) Final plat for Bentgras$ Bend consisting of 3 sheets prepared by Q. Grady Minor & Associates, P.A.. SECTION 3 - PERMITS REOUIRED 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 or permit modification from the South Florida Water Management district for all matters included in the jurisdiction of thc South Florida Water Management District, which conforms with the Preliminary Work ' Release plans submitted to the County. Bentgrass Bend Preliminary Work Authorization Page 3 of 4 4- PP V 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 Mallard's Landing until the Mallard's Landing 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 clain~ or eau.~a of action including attorneys fees and court costs, r~'ulting 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. Ail work approved by this Agreement must cease and not restart if the final plat is not submitted and approved by the Board of County Commissionera within this authorization period. No work is authorized under this Agreement prior to ~atisfying the conditions of A and B in Section 3 of this Agreement. Any attempt to commence work prior to issuance of requisite permits shall r~nder all provisions of this Agr~ment 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 procedure~ 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. Witness Printed Name lttis~ ~ ~ ~ll~n's ~T: ¢.~~r~.~ to ~o~ am ~egai v~'.:.. ~c~:' STATE OF FLORIDA COUNTY OF LEE By: WCl Communities, Inc. Alfi'~d '~'. l~,oughe~ // Vi~ ~sident of ~velopment Pamela $. MacKie, Chairwoman The foregoing instrument was acknowledged before me this ,~~7'~ day of/~)g.~t~e.r' 1999, by Alfred P. Dougberty, Vice President of Development of WCI Communities, Inc. He is personally known to me and did not take an oath. My Commission Expires: Printed Nam~x~f Notary Public L~GAL