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The Club EstatesCOM14%/NITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administ~'ative Assistant John R. Houldsworth, Senior Engineer February 11, 1998 The Club Estates Preliminary Work Authorization Attached please find a P~e!~inary Work Authorization for Ti~e Club Estates 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 ti~e Chairman sign ~he document and forward to the Clerk's office. Should you have any questions, please advise. jrh CC: Project File Reading File Tli E (71,1!B ESTATES l'l*,Ei,lbl IN,.\ RY '~,'ORK AUTIIORIZATION Boarcl of County Commissioners of Collier Countv, Florida, hereinaltefiJrelbrr~ci-lo'as "('ountv." and Tile ('lub Estates, L.C, hereinafter referred to as the "Owner." RECITALS: WltEREAS, the County has adopted Collier County Ordinance No. 97-60 known irs The Club Estates PUD development Orclinance, hereinafter referred to as tile PUD: and WttEREAS, tile Owner represents and warrants it is the record fee lille owner of Thc Club sltid legal descriptions attached hereto as Exhibit ".,\" irnd incorpol'ated herein by ret;create: and WHEREAS, the South Florida \Varec Management District has issued an Enviromncntal Resource Permit, SFWMD Permit No. 11-01504-P; anti VVIIEREAS, Owner represents that tile Preliminary \Vork Authorization is needed because maintaining construction schedule Ibc The Club Estates iml~rovemcnt plans is paramount with thc construction and development of the approvecl l'IJl); and WllERE.,\S, Owner represents and warrants that nc) construction shall occur in crrvironrner~lallv sensitive areas unless tile necessary permits and appr(wals l'or tile conslruction have been obtained by thc Owner; and WIIEREAS, Owner acknowledges that all requirements of Collier County's Growth Nlanauement Plan and Adequate Public Facilities Ordinance No. 93-82 will be met prior to approval of a linal subctMsiorl plat, or final site development plan or building permit as appropriate: and '¥VttEREAS, Section "' o .~._.7.3.6 of tile Land Development Code establishes a mechanism lbr processing and issuing a Preliminary Work Authorization Next', TilEREFORE, in consideration of the premises, tile mutual tmdertakinu~ of the parties, and other good and valuable consideration, it is agreed by the parties hereto ils foiler, s: SECTION I - ACKNOWLEDGMENT The foregoing recitals are true and correct and are incorporated herein by reference. Furlhcr, it is jointly acknowledged that tile execution of this Agreement does not constitute a Development Order or an.,,' other final appr(wal bv Collier County 1 of 4 5EC'FION 2 - IMI~ROVF.~ENT.q; Owner shall be permitted to perlbnn thc lbllowir~g site preparation anct ctmstmction activities subject to the conditions, limitations, and restrictions contained in Sections 3 throuuh 7 below as tbllows: - ' Clearing. Lake excavation and b asting Filling of road rights~ol'.-way. Blasting fi>r underground utilities. Installation of undcrgr{,tmd utilities includin~ water, sewer, drainaue and irrigation llncili~ies. ~ ~ The preliminary work detailed in this Section shall be in accordance with plans entitled Thc Club Estates prepared by Coastal Engineering Consultants, Inc., Project No. 96.032, sheet numbers I through 19, dated December 1997, hereinafter collectively referred to as the "Preliminary Work." The legal descriplion of the boundaries of the Prelimina~, Work is shown on the proposed plat for The Club Estates prepared by Richard J. E. wirw PSM, Coastal Engineering Consu tants, Inc. t3. I')rior to any work being Lmderlaken, ()v,'ner shall submit to tile Cotmlv, complete t)ermil packages and applicable review and inspection fees tbr thc nccessars' permits for the F'r¢liminarv \Vork (thc "Prdinfinary Work F'emfits"). These applications are as tbllows; The Club Estates Construction Plans. Coastal Engineering Consultants, Inc., Project No. 96.324, sheet numbers I through 11, dated September 1997 Final [)Iai for The Club Estates prepared bv ('oastal Engineering Consu tams. Inc. SECTION 3 - PERM ITS REQUIRED Issuance of the Preliminary \Vork Pen'nits shall be conditioned upon tile following: County staff fir}ding that tile application tbr Preliminary Work Permits are completed and salisfhclo~, and are ready fi~r schedulinu to the Board of County Commissioners tbr final plat approval. ~ ' Owner submitti[~g to the Cour~tv a copy of the early work permit or actual permit l?om the South Flohda Water Manaucment District For all matters included in the jurisdiction of the South Flodda W~ter Management District, xvhich contbnns with the Preliminary Work Release plans submitted to the County. 2of4 SECTION 4 - APPROVALS County ,,,,'ill issue the Preliminary Work Pem~its to permit the Preliminar3: 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 tbr habitable structures within The Club Estates PUD until 'File Club Estates plat is approved and recorded. SECTION 5 - INDEMNIFICATION Owners agrees to indemnitV and hold County harmless against any anti all liabilitv, loss. damage or expense from claims or causes or' action including attorneys fees anti cour~ costs. resulting from, arising out oft and in connection with Owner's negli~zence antE/or xv It/hi misconduct in the constructi(~n of the Preliminary Work under the f'relim'in~'w,, \Vork l%rmits or any challenge by any person ()r' party objecting to tile legality or validily of this ..\greement SECTION 6 - RESTRICTIONS This Agreement shall be binding upon the panics and is not transferable SECTION 7 - LIMITATIONS This Agreement shall expire fo~-ty-five (45) days from tile date of the issuance of tile Preliminary Work Permits if the project's final plat is not submitted m the Board of County Commissioner's lbr approval pursuant to Division 3.2 of the Land Development ('ode, unles~ the Owner is delayed in having his final plat reviewed by the Board due 1o the tbult of the County. All work approved by this Agreement must ceas~ and not restart it'the tinal 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 satis~'ing the conditions (a) and (b) in Section 3 of this Agreement. Any attempt to commence work prior ~o issuance of requisite permits shall render all provisions of this Agreement null and void. Be entering into this Agreement tile County does not guarantee and tile Owner cannot rely t,pon the fact the that the project's final plat ,,','ill be approved upon submission to tile Board of County Commissioners. Tile Owner is required to comply with all of tile provisions and procedures o£the Land Development Code before tile final piat ca~ be submitted to tile Board of consideration. 3of4 IN WITNESS WHEREOF, the parties have executed INs Agreement the dav first above written Wilness Printed Name --- Printed Name The Ch, b Estates, L.C. ATTEST: Dv,,'ight E. Brock, Clerk Approved as to tbrm and legal sufticiency: / : J · .,}fi,, Assbtant County ~ttomev BOARD OF CO LINTY COSi;~,iiSSiONERS OF COLLIEI,I COUNT'Y, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreerr~ent ,.','its acknowledged betbre me by Charles V. Principal of The Club Estates, L.C., who is personally known to me. WITNESS my hand and official seal this~¢~ day of~, 199J_. (affix notarial seal) Elizabeth Hope Jone~ Nol~r./Public Sta~ o~ ~ Com,'~n Number Nix' Commission Expires Benton. Ph.D., 96 ~32'~prc -,at rk th~c 4of4 COASTAL ENGINEERING CONSULTANTS INC EXIIIBIT "A" i)ESCRIPTION OF I~4NDS PLA1q'EI) THE SOUTH ONE-ttA!.F OF THE SOUTH ONE-HALF OF SECTION I0, TOWNSttlP 50 SOUTt t, RANGE 26 EAST, COLLIER COUN'FY, FLORIDA. LESS AND EXCEPT q'IIF~ EAST 125.00 FEET FOR TIlE RIGItT-OF-WAY OF COUNTY ROAD NO. 951. TIlE ABOVE DESCRIBES AN AREA OF APPROXIMA'FELY 155.77 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.