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Grey Oaks Unit 16 RECEIVED COMMUN:ETV bEVELOPM, EIq~~ c~.~ ENVZ~ON~ENTAL 5E~CE5 ENGINEERING REVZEW 5ECT]:ON MEMORANDUM TO: _Sue Filson, Adminis?rcrtive Assistant FROM: ,Tohn R. Houldsworth, Senior Engineer DATE November 3, 1999 RE: Grey Oaks Unit 16 Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Grey Oaks Unit 16. This document has been reviewed by Engineering Review and the County Attorney's Office. Collier County Resolution No. 93-147 provides fOr the administrative appr°val 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: Pro~ect File Reading File Wils nMiller 3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 Phone No. 941//949-4040 Fax No.s 941/643-5716 (Main), 941/643-6682 (Survey), 941/549-4909 (P~nntng/Env.), 941/649-5476 (A____,~-Jnting). 941/263-6494 ~), 941/263-6446 (Adminis~atton) TO: John Houldsworth, P.E. Senior Engineer Collier County Development Services 2800 North Horseshoe Drive Naples, FL 34104 LEITER OF TRANSMITTAL Date: November 2, 1999 PIN: N0120-046-003- File Designator: COR' Project Name: Grey Oaks Unit 16 Ref: Preliminary Work Authorization We are sen(ting affached via: I'1 Client Pickup 1~2 Delivery I"1Ma~ I"1 Overnight Express, the following items: r'! Prints I-I Plans r'1 Spedfl(3flonl O Change On:let 1"1 Copy of Letter [] Shop Drawings E] Disk 1-1 Thermal Plot I~ Other:. Application Copies Da~ Drawir~l File No. I::)e~dp'~ca-~/Sheet Numbers I 10/29/99 Original signed and notarized Preliminary Work Authorization Application [::] Fm review and comment I"1 FOR BIDS DUE r'! PRINTS RETURNED AFTER LOAN TO US tE TRANSMiii ~-O as checked below:. r-1 For approval I~ Fo~ your use 1-1 As requested Grey Oaks Unit 16 C~ 3506 FPS 99-65 S/D~ 99-45 COPY TO. Onoind lo Cam Cc~ lo Pqec~ Fde PRELIMINARY WORK AUTHORIZATION GREY OAKS UNIT -- TlllS.A(LREEM~NT made and entered into this,e~ day of ."~oa~ , 1999, by and ~etween me Isoard ot county Commissioners of Collier Count)' Florida. hereinafter referred to as "County". and I lalstatt Partnership, hereinafter referred to as the "Ox~ner". RECITALS: WllEREAS. the County has adopted Collier County Ordinance No. 95-4 known as the Grey Oaks Development Ordinance. hereinafter referred to as the PIti): and WI IERF. AS. thc Owner represents and warrants it is the record fcc title owner of (Jr,:) Oaks Unit 16. attached hereto as exhibit "A" and incorporated herein by reference: and Wi lERF. AS. O'~vncr represents that the Preliminary Work Authorization is needed because maintaining construction schedule for Grey Oaks Unit 16 improvement plans is paramount with the on-going construction and development of the approved Grey Oaks PUl): and Wl lI-.'REAS. Owner represents and wan'ants that no constructkm shall occur in environmentally sensitive areas unless the necessary permits and approvals for the construction have been obtm,,ed by the Owner; and WIlEREAS. 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 WIIEREAS. Section 3.2.7.3.6 of the Land Development Code establishes a mechanism for processing and issuing a Preliminary Work Authorization. NOW. TI II~RI£FORE. in consideration of the premises, the mutual undertakings of thc parties, and other good and valuable consideration, it is agreed by the panics 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. Page I of 5 SECTION 2 IMPROVEMENTS Owner shall be permitted lo 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-~vay 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 16, WilsonMiller, Inc., Drawing File No. D-0120-60. sheet numbers 1 through 11, dated October, 1999, 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 16 prepared by Michael ti. Maxwell. P.S.M.. of WilsonMiiler. Inc. Prior to any work being undertaken, Owner shall submil 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: i. Grey Oaks Unit 16 Final Subdivision Improvement Plans, WilsonMiller, Inc., Drawing File No: D-0120-60, sheet numbers I through 11, dated October, 1999. Final plat for Grey Oaks Unit 16, prepared by Michael lt. Maxwell, P.S.M.. of WilsonMiller, Inc. SECTION 3 PERMITS REQUIRED Issuance of the Preliminary Work Permits shall be conditioned upon the following: a. 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. Page 2 of 5 bo 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 APPROVALS County will issue thc l'reliminary 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 16 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 ~r 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 thc 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 ifthe final plat is not submitted and Page 3 of 5 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 thc 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. IN WITNESS WIlEREOF, the parties have executed this Agreement the day first above written. Signed. Sealed and Delivered in the presence of: ;v ture' Prir~r typed name 1 Printed or typed name · .. . '~¢.~,:~ .'~... -; n': IGHT E~ BROCK. CLERK Collier County A~omey Paul J. M~,'f'~lli, a~ Anomey-in-Fa~ and Adnfinistrative Agent recorded in O.R. Book 1714. Page 2214. Public Records of Collier County. Florida. BOARD OF COUNTY COMMISSIONERS Chairman / Page 4 or 5 :': STATE OF FLORIDA ) ) COUNTY OF COLLIER ) §§ THE FOREGOING INSTRUMENT was acknowledged before me this ~day of (~/r~ · 1999, by Paul J. Marinelli. as Attorney-in-Fact and Administrative Agent recordcd in O.R. Book 1714. Page 2214, Public Records of Collier County, Florida of t lal.~tat! Corlx, ratioa. ~he is personally known to me or who has produced as identification. WITNESS my hand and omcial seal Ibis ~- ~'/~y of'~ 1999. NOTARY PUBLIC- STATE OF FI.ORIDA Print or Type Notary Name My Commission Expires: WilspnMiller Description of Proposed Plat of Grey Oaks Unit Sixteen, being a replat of Tract 'A' of Grey Oaks Unit Fourteen, Plat Book ~, pages ~, Public Records of Collier County, Florida, being a part of Section 25, Township 49 South, Range 25 East, Collier County, Florida All that part of Tract 'A" of Grey Oaks Unit Fourteen, as recorded in Plat Book pages _, Public Records of Collier County, Florida. Subject to easements and restrictions of record. Containing 12.98 acres more or less. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineers and Land Surveyors Michael H. Maxwelll, PSlVf fl4650 Ref. Plat Not valid unless embossed wilh the Professional's seal. Naples Fort MyotJ Smrmsote Bra~lonton Tampa 3;~7 ~k'y l ~, .~u~ ~L7 AC~. £k)'Jda 34105850! /