Catamaran CourtRECEIVED
.%!~ 10 1999
Board of County Commls$ion~r~
¢OMMUN]~TV DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
EN~INEERIN~ REVIEW 5EG~ON
MEMORANDUM
Sue Filson, Administrative Assistant
FROM: ~Tohn k. Houldsworth, Senior Engineer
DATE: February 10, 1999
Catamaran Court '.
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Catamaran Court. This document has been reviewed by
Engineering Review and the County Attorney's Office. Collier
County Resolution No. 93-147 provides for the administrative
approval of preliminary work authorizations. Please have the
Chairman sign the document and forward to the Clerk's office.
Should you have any questions, please advise.
jrh
CC:
Project File
Reading File
CA.T.MARAN COURT AT TARPON COVE
PREI,IMINARY WORK AUTHORIZATION
Tills AGRF. F. MENT made and entered into this ]_~'~'~x day of I:~ beta,.1,>
· 1999. by and bettt,een the Board ot"County Commissioners o£ Collier County.
herei~lfter referred to as "County", and WCI Communities, l.imited l'armership, hereinafter
referred ti) as tile "Owner".
WItEREAS, the County has adopted Collier County Ordinance No. 95-11 known as
the Tarpon Cove PUD Ordinance. hereinafter referred to as the "PUD"' and
WItEREAS, Owner represents and warrants il is tile record l~c title owner of thc lands
described in O.R, Book ~l~q. Page i~$ of lhe public records of Collier County. Florida. said
legal description attachc~ hereto as t~it "A~ and incorporated herein by rel~rcncc; and
WIIEREAS, thc South Florida Water Management District is currently reviewing a
m~ification fi~r thc surfiacc water management permit fi~r Tarpon Cove. SI:X~MI) Permit
11-01457-P; and
WtlEREAS. Owner represents that tile Preliminary Work Aulhorizalhm is needed
because in order Io commence construction a/ the earliest possible tJn~e due ~o economic and
developmental time constraints; and
WItEREAS, Owner acknowledges that Jill 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 p/an or building permit, as
appropriate; and
WttEREAS. Seclion 3.2.7.3.6 of the lJmd Development Code establishes a mechanism
For processing and issuing a I'reliminary Work Authorization.
NOW TtlIiRI£FORE, 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 - ACKNOWLEDGEMI£NT
The fi~regoing recitals arc true and correct and :ire incorporated herein by reference.
Further. it is jointly acknowledged that the execution of fl'tis Agreement does not constitute a
Development Order or any other final approval by Collier County.
Catamaran Court at Tarpon Cove
Preliminary Work Authorization
Page 2 of 4
SECTION 2 - IMPROVEMENTS
A. Owner shall be permitted to perform site preparation and construclion activities subject
to the conditions, limitations and restrictions contained in Sections q thmuoh 7 below, as
follows: - ~
I) Clearing of the roadv,.,ays, easements and construction areas.
2)
Earth work necessar)', fl',r thc installation of water and sewer lines, water
management sv/ales 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
Catamaran Court at Tarpon Cove consisting of 8 sheets, prepared by Q. Grady Minor &
Associates, P.A.. dated N()vember. 1998. hereinafter referred to as thc "The Preliminary
Work". Thc legal description of the boundaries of the Preliminary Work is shown on tl(e final
plat for Catamaran Court at Tarpon Cove consisting o1'2 sheets prepared by Q. Grady Minor
& Associates, P.A..
B. Prior to any work being undertaken, owner shall submit to thc County complete permit
packages and applicable review and inspection fees fi~r the necessary permits for thc
Preliminary Work (thc "Preliminary Work Permits"). These applications are as follows:
1)
Construction plans for Catamaran Court at Tarpon Cove consisting of 8 sheets.
prepared Q. Grady Minor & Associales. P.A..
2)
Final plat for Catamaran Court at Tarpon Cove consisting of 2 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 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 cop),, 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.
Catamaran Court at Tarpon Cove
Preliminary Work Authorization
Page 3 of 4
SECTION 4 - APPROVAL
Count), will issue the Preliminary Work Permits to permit the l'rcliminary Work prior
to plat approval once conditions A and It in Section 3 above have been satisfied. Owner
understands and acknowledges that no building permit will be issued fl)r habitable structures
within Catamaran Court at Tarpon Cove until the Catamaran Court at Tarpon Cove plat is
approved and recorded.
SECTION 5 - INI)EMNIFICATION
Owner agrees to inderrlnify and tlold County harmless against an.',,' and all liability, loss.
damage or expense from claims or causes of action includimz attorneys fees and court costs.
resulting from, arising out of. and in connection ,,*,'/th Owner's ne~zli~ence and/or will/hi
misconduct in the construction of the Preliminary Work under the Preliminary Work Permits
or any challenge bv any person or part), objecting Itl tile legality or validity of this Agreement.
SECTION 6 - RESTRICTIONS
This Agreement shall be binding upon the parties and is not transferrable.
SECTION 7 - I.IMITATIONS
This Agreement shall expire thirty (30) days from the date of thc issuance of the
Preliminary Work Permits if the project's final plat is not submiued to the Board of Count,;
Commissioners fl>r approval pursuant to Division 3.2 of tile Land Development Code, unlf'ss
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 .,\
and B in Section 3 of this Agreement. Any attempt to commence work prior to issuance of
requisite permits shall render :ill provisions of this Agreement null and void.
By entering into this Agreement the County does not guarantee and the O~vner can not
rely upon tile fact that the project's final plat ',,,'ill 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.
Catamaran Court at Tarpon Cove
Preliminary Work Authorization
Page 4 of 4
IN WITNESS y¢IIEREOF, the parties have executed ti'tis Aurccmcnt the day first
above written
Witness ga}x C,;. ':" Al~ed P. D6ug~ V~ eF~iden~o~Dcvclopmcnt
WCI Communities, Limited PannerS.
a Florida IJmhcd Partnership
Printed Name
Witness
Printed Name
ATTEST:
Dwight E. Brock, CI.F.I~,,K
~.Denutv Clerk '
,~ufficiency:
D~vid Weigel, Couh~v A~tt~rnev
' ,4 I ,' t' ,t -
STATEOF ~l..;~ ,,.
COUNTY OF C~ ~
The foregoing instrument was acknowledged before mc ti'tis '2~ day of--"3~,0..~.
1999, by Alfred P. Dougherty, Vice President of Development. W(~I Communities, Limited
Partnership, a Florida I.irnited Panncrship, on behalf of the l.imited Partnership. Ilo is
personally known to me and did not take an oath.
Printed Name of Notary Public
1~,14 FROM,WCI LAW DEPT.
· ..i.:il .' - - '
ptrmc.,~;p, having iis principal place of b~ines~ ;: $01 Lin=ct Oxk D~vc.
~o6~ 33~3, h~;n ~l~ ~c G~tOr,
~.'. . .
'~.~ip~ '~ Sf b~ ~: 9131 ~tleg~ P=kwty, Suite 13B207. Fou MY~
~t ~ Gmmr. For ~ 'in co~id~ion'of Oz ,m or S10.~ ~ o~
" ...- i ~ ~~o~, ~ w~fiS h~ ~oWi~g~ hereby gm~ ~ln,, ~lls.
The Sou. thwe~ qum'tct (1/4) of thc No.~.em't qum'ter (II4) of
Section 16. TOWnship 45 $outh,'.Range '25 E~,.~'t, Collier Cotmry,
Florid*.
The Nor~ one-ha~f (I/25 of thc Nor'~h¢~..,'t qunrt~r (I/4) of S~ction
· t6, ToV,'n.-~fip 48 South, l;~tnse 25 ~ ly~.g West or,he n.*'w U.S.
41 P,.ig~ht-of-wly, Ic.~ the Nord~ 2.68.54 fc~ th~reo,r.
SUi~IECT TO:
A. · T~xes and ~t~:m'ne=ts for 1996 ~cI ~b~equent
B. Dr~ge ~t ~ to ~= Sate of Flofid~ by i~t r~o~ N O.~
~R 516, P~e 753, ~b~c ~r~ 0f Collier ~W. Flo~
CSix~ r~t (~') 6~ht~f-~ ~co~ing to the ro~ ~ificn ~ ~utc~ of
~ of ~W Co~s ~ filed in Minute ~k 2 ~ Pa~ 249,'PuNic
D. ~t~F-~y convey~ce ov~ ~ Souu~ 70 f~t of ?~cct l ~ ~o~cd in O.P~
B~k 53, P,$e 59, Public R~ords o[ ColI[~ Co~ty. FI~ ~
_8., P~c 976, P~blic
Di~ct Nm~r ~en ~ ~ ~ O.~ B~k ~ =
of Collier ~ty, Flo~d~.
'~G~ER ~ ~II ~c ~emenu, h~itm~ent ~d ~p~e~cs u~o ~longln$ or
~ ~p~Nng.
D£PT.
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.': ' ~'~~ ~ i~.~Iy ~o~ ~ w~ ~d ~d mot ~c ~a oath.
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