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Glen Eden on the Bayt~r-C~VED COMMUNITY bEVELOPMENT& E~VZ~ONAAE~TAL SERVICES bIV~O~~ E~GZ~EE~Z~G ~EVIEW SECTION MEMORANbUM TO: Sue Filson, Administrative Assistant FROM: ~Tohn R. Houldsworth, Senior Engineer DATE: May )8, 1999 RE: Glen Eden on the Bay Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Glen Eden on the Bay. This document has been reviewed by Engineering Review and the County Attorney's Office. Collie:' 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 Thc North-half(N I/2) oft.he South-half[S 1/2) oft& 5outhc~xt quarter (SE 1/4) of Section g, Township 41{ .,qou~, P,~'~gc 25 Collier County, Florida, (l~m and except ~ -E~ $O feet ~f~ ~ Prtrp~rr7 m m,t ~c Homc~:c~j Property of.'5OPl IIA C. CAR, Al:AS. ~~ ~'~~ ~~ M. C ~-0. H~Homes~b: 11,71~ 5wale, San Antonio, TX 1fl2t.8 SUI:KIEC'T TO comp~hc~sivc land usc plar~, zoning, resu-icfio~, pmkibitlon.m and other rcquitcmcnts Lmposcd by govenuucnt,~ ~uthod~, ~t~hktlc~ am~t ma~.,.-,~ ~ m o~'m-wise common m the subdivision; public utility ea.sement~ ofrraord and ut~a:s oF ctosfi:g. WARRA.N'I"y DEED Page Two Pr~ N~ of TI~EODORA M. C. DENrNO NOTARY ACKNOW~.EDGEMEN~f STArZ OF I YPED OR PB~D N~ OF NOTARy MY COMMISSION E~ES: ~c fu~ m~cnt wu ~ledgcd ~f~c mc ~,~ 1~ ~ da of ~ ,~x IHEODO~M C DFN~ -. '~ ~ ~-~ " ~ ~ .. .~-7 ~.~ ~su not ~c ~oa~ ........ ~ t~u ~ OF NOTARY EDEN ON TIlE BAY PRELIMINARY WORK AUTHORIZATION Tills AGREEMENT made and entered into thisc::~  - day of , I99C/ , by and between the Board of County Commissioners of Collier County. ' orida, hereinafter referred to as "County", and Glen Eden on the Bay, L.P. hereinafter referred to as the 'Owner'. WHEREAS. the County has adopte6 Collier Count.,,' Ordinance No. 95-62 knov,'n as the Glen -Eden on the Bay PUD Ordinance, hereinafter referred to as ltv: "PUD"; and WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in O.R. Book 2428, Page 0535 and 0536 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 Glen Eden on the Bay, SFWMD Permit No. 11-01694-P; 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 WttEREAS, 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. il,l' Eden on the Bay Preliminary Work Authorization Page 2 of 4 .SECTION 2 - IMPROVEMENTS A. Owner shall be permitted to perforln site preparation and construction activities subject to the conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows: l) Clearing of the roadways, easements and conslruction 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 Eden on the Bay consisting of 18 sheets, prepared by Q. Grady Minor & Associates, P.A.. dated August, 1998, hereinafter referred to as the "The Preliminary Work". Thc legal description the boundaries of the Preliminary Work is shown on the final plat for -F~.len on the Bay consisting of 3 sheets prepared by Q. Grady Minor & Associates, P.A. B. Prior to any work being undertaken, owner si'roll submit to the County complete pcrrnit packages and applicable review and inspection fees for the necessary permits for the Preliminary Work (the "Preliminary Work Permits"). These applications are as folio, s: I) Construction plans for F. xlen on thc Bay consisting of 18 sheets, prepared Q. Grady Minor & Associates, P.A.. 2~ Final plat for F.5.1en on the Bay consisting of 3 sheets prepared by Q. Grad,,, 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 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. -Eden on the Bay Preliminary Work Authorization Page 3 of 4 SECTION 4 - APPROVAl. Count>, will issue the Preliminary Work Permits to permit thc l'rcliminary 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 Eden on the Bay until the Eden on the Bay 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 cour~ costs. resulting from, arising out of, and in connection with Owner's negligence and/or willful misconduct in the construction of the l'rcliminary Work under thc l'rcliminary Work Permits or any challenge by any person or party objecting to the legality or validity ~)f this Agreement. SECTION 6 - RESTRICTIONS This Agreement shall be binding upon the parties and is not transferrable. SECTION 7 - I.IMITA'FIONS This Agreement shall expire thirty (30) days from the date of the issuance of thc Preliminary Work Permits if the project's final plat is not submitted to thc Board of Coumv Commissioners for approval pursuant to Division 3.2 of the I:md Development Code. unlcss Owner is delayed in having his final plat reviewed by the Board duc m 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 thc Board of County Commissioners within this authorization period. No work is authorized under this Agreement prior to satisfying the conditions t)F A and B in Section 3 this Agreement. Any a,empt to commence work prior to issuance of requisite permits shall render all provisions of this Agreement null and void. Bv entering into this Agreement thc County docs not guarantee aBd the Owner can not rely upon the fact that thc project's final plat will be approved upon submission to the F',oard of County Commissioners. The Owner is required to comply with all of the provisions and procedures of thc Land I)cvelopmcnt Code boil)re thc final plat can bc submitted to thc Board for consideration. IN/WITNESS WI IEREOF, thc parties have executed this Aerccmcnt the day first above written/., ~ ~ Witn;s Glen Eden on the Bay, L.P. A Delav,'arc Limited Parmcrship / Xloeo_~ x,~,,~o,~O.. By: Western Sales and I)eveJopmen~ Company. P ri/nted Name Witness %-'~ A c~, 1~- t-,,,c e,.~ ,- Printed Name By: Ifs General Partner, / Gary Kinsclla. Vice President ATTEST: Dwight E. Brock. CI.E,I{K :4.. " · / ~mve4 as.to form and leual STATE OF FI.ORII)A COUNTY OF COI.I.IER IiOARI) OF COUNTY (;OMMISSIONERS OF COI.IJER COUNTY. FI.ORIDA P..nela S M.tcK~c Ch,urwom,m The foregoing instrument ,..,'as acknov,'ledgcd before me this \ex day of Igg9, by Gary Kinsella. Vice President. Weslern Sales and Development Compally. a Delaware Co,oration. General Partner of Glen Eden on the Bay. l..P. on behalf of lhe Partnership. lie ath./'"'? is personally known to me and did not take an My Commission Expires: .... ~ ~ , ' "~ ~; ~,~. ~- Printed Name of Notary Public F GE.5