Laurel Lakes RECEIVED
~-, 3 0 1999
Board of County Coemfs$toeer~
COMMUNTTY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
EN~INEER~N~ REVIEW SECTION
MEMORANDUM
TO: 5ua Filson, Administrative 4ssistant
FROM: ,Tohn R. Houldsworth, Senior Engineer
bATE:~A~u~ust 1~ 1999
RE: ~zation
Attached please find o Preliminary Work Authorization for Laurel
L~kes. This document has been reviewed by Engineering Review
and the County Attorney's Office. Collier County. Resolut.ip, .rLl~lg~.
--~j)-,~L~rovides;fo~the administrative approval of. prelimi~ry
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
PRELIMINARY WORK AUTHORIZ~ATION
THIS AGREEMENT made and entered into th~s/~ day of'~_~~ 199.~, by and bewveen
the Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and
Minanis, Inc., represented by its president, Wafaa F. Assaad, hereinafter referred to as "owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 94-63 known as the Laurelwood
Planned Unit Development Ordinance, heremaRer referred to as the "Laure[wood P.U. D" and
WHEREAS, owner represents and warrants it is the record tee title o~er otthe lands described in Laurel
Lakes, Phase One, at Laurelwood, a P. UD., said legal description attached hcrcto as Exhibit "A" and
incorporated hereto by reference; and
WHEREAS, the South Florida Water Management District is currently reviewing an application for a
surface water management permit for the Harvey Basin, including the Laurelwood P.U.D.; and the
Laurelwood P.U.D. does not at present have access to the Collier County drainage canal system, but such
access is being arranged, and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed in order to proceed in a
timely manner with road and utility construction within Laurel Lakes, Phase One, while awaiting resolution
of access by easemer~ across neighboring private properties, which process of resolution of access is time
consuming and will dehy construction necessary to realize sales during the coming season, and
WHEREAS, Owner represents and warrants that no construction shall occur in environmentally sensitive
area 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 a ~,~al 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 correc~ and are incorporated hereto by reference. Further, it is jointly
acknowledged that the execution of this Agreement does not constitute a Development Order or any other
f'mal approval by Collier County.
S.E ,(~TION 2-IMPROVEMENTS
A. Owner shall be pe~ to perform site preparation and construction activities subject to the
conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows:
Excavation and placement ot' potable water lines, irrigation water lines, sanitary sewer lines and
structures, sewage liR station and force main, street grading paving and drainage improvements; and
site temporary ofl~ce.
The preliminary work detailed in this Section shall be in accordance with plans entitled SITE
CONSTRUCTION PLANS FOR LAUREL LAKES - PHASE ONE, AT LAURELWOOD, A P.U.D
consisting of 15 sheets, prepared by American Engineering Consultants, Inc. dated May, 1999 hereinaRer
referred to as ~i'he Preliminary Work". The legal description of the boundaries of the preliminary Work is
shown on the preliminary plat for Laurel Lakes - Phase One consisting of 5 sheets prepared by American
Engineering Consu~, Inc.
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 permks for the Preliminary Work ("Preliminary
Work Permits"). These applications are as follows:
Collier County Right-of-Way Permit
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work permits shall be conditioned upon the follOUnng:
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.
SECTION 4-- APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval
once conditions in Section 3 above have been satisfied. Owner understands and acknowledges that no
building permit for habitable structures within Laurel Lakes - Phase One until the Laurel Lakes - Phase
One 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 fi'om claims or causes of action including attorney's fees and court costs, resulting from, arising
out of, and in connecdon with Owners 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 Agreetra~.
SEI~FION 6. RESTRICTIONS
This Agreenent shall be binding upon the parties and is not transferable.
SECTION 7- LIMITATIONS
This Agreement shall expire thirty (30) days from the date ofthe 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 otthe 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 plat is not subm~ and approved by the Board of County Commissioners within this
authorization period. No work is authorized under this Agreemem prior to satisfying the conctitions in
Sec~on 3 otthis Agreement. Any attempt to comnmnce work prior to issuance of' requisite permits shall
render all provisions otthis Agreemmt null and void.
By entering into this Agreement the County does not guarantee and Owner can not rely upon the tact that
the project's final plat will be approved upon submission to the Board ot Co,nty 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 submitt~ to the Board for consideration.
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written.
(Owner}
Printed Na~~ .
Printed Name :
;.? Attest as to Chalr~tn's
ATTEST:' Slgaature onl$.
Dwight E. Brock, Clerk
App~ as to form and legal sufficiency:
Assistant County Attorney
MINANIS, I~tC.
W~aF Assaad, President
Board of County Commissioners of
Pan~ela S. ~~l~aitpe~-son /
OR: 2504 1353
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