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Pelican Strand Replat 6- Tr. 10COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldswo, rth, Senior En!3ineer ,; DATE: October 16, 1998 RE: Pelican Strand, Replat 6 - Tract 10 Preliminary Work Authorization Attached please find a Preliminary ~/ork Authorization for Pellican Strand, Replat 6 - Tract 10. This document has been reviewed by Engineering Review and the County Attorney's Office. Collier County Resolution No. 93-14.7 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 PELICAN STRAND REPLAT-6 PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into th~s~'. . ' "~ ,- ._ chq.~ o1., _., t I0O8, bv and betweol the Board of Cotu%, Commissioners of Collier Cotmty, Flori~q hereinafter referral to as "C<;tu~ty" and Pelican Strand Ltd., hereinafter referred to as the "Owner", RECITALS WHEREAS. tile Cotu~tv has adopted Colher Cotu~ty Orchnance No, 07-75 known as the Pelicnn Strand Planned Unit Development Ordinauce hereinafter referred to as Pelic~m Strand; and WHEREAS, C)wner rcpresc~]ts and x~,'arrants it is the record fee title ox,a~er of file lands described in Pelican Strand Replat-6, said legal description attached hereto as Exhibit "A" and incorporated herC~n by referc'~ce: and WHEREAS, thc So.th Floricta Water Management District has issued a permit for a surface management construction for Pelic.qn Stranck S FWMD Permit No. I 1-0146 I-P: and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because they to have infrastructure constructed m time for upcoming seasonal sales; and WHEREAS. Ovmer represents and warrants that no construction shall occur in c~vironmc~nally sensitive are~qs tmless the necessary permits and approvals for the constrt,ction have been obtained by the Oxvner: and WHEREAS. Ckvner ackno,.vledges that all reqtfrc~nents of Collier Cotu~ty's Gro~,~',J~ Managemc~t Plan and Adequate Public Facilities Ordinance. No. 03-82, will be met prior to approval of a filial subdivisions plat. or final site development plan or building permit, as appropriate; and WHEREAS. Section 3.2.7.3.6 of die Land Development Code establishes a mechanism, for processing and isstUng a Preliminnry Work Aufllorization. NOW THEREFORE, itl consideration of the premised, thc mutt~nl tuldertakmgs of die parties, and other good and valuable consideration, it is agreed by the parties hereto as follows- SECTION I - ACKNOWLEDGMENT The foregoing recitals are true and correct and are incorporated herem by rtl'crevice. Further, it is jointly ackno,,,,4edged that fl~e execution of' this Agreement docs not constitu£c a Developmc~t Order or any other final approval by Collier Cotmty. ...................... Iii ION 2 A. Owner shall be permitted to perform site preparation and construction activities subject to the conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows-. Infrastructure construction to consist of site clearing and filling ,Mthin Tract I0, installation of water distribution mains, sanitary collection mains and storm drainage and roadway construction. The preliminary work detailed in this Section shall be in accordance with plans entitled Replat 6, Tract I0 Improvement Plans consisting of nine (9) sheets, prepared by Mark D. McCleary, P.E., Community Engineering Services, Inc. dated September 15, 1998 hereinafter referred to as the "The Preliminary Work". The legal description of the boundaries of the Preliminary Work is shown on the preliminary plat for Replat 6 at Pelican Strand consisting of three (3) sheets prepared by Roger !I. Harrah - LS#5294, Community Engineering Services, 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 permits for the Preliminary Work (the "Preliminary Work Permits"). These applications are as follows: Final Plat 98-37 Subdivision 98-23 C( c'~:'., tv, t.t t t~,',_, ~lt, co% _SEC___T_TLQ. N 3 - PERMITS REQUIRED Issuance ofthe 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 scheduline to the Board of County Commissioners for final plat approval. ~ - b. Ch,'ner submitting to the County a copy ofthe actual permit from the South Florida Water Management District for all matter included in the jurisdiction of the South Horida Water Management District, which conforms with the Preliminary Work Release plans submitted to the County. DEP Permit and plans for sanitary construction are currently under County review. DEP Permit and plans for water service construction are currently under County review. SEC'FION 4- APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions a and b in Section 3 above have been ~tisfied. SECTION 5- INDEMNIFICATION Owner agrees to indemnify and hold County hamfless 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 CKvner's negligence and/or willfifl misconduct in the construction ofthe Preliminary Work under the Preliminary Work Permits or any challenge by any person or party objecting to the legality or validity of this agreement. SECTION 6- RESTRICTIONS The Agreement shall be binding upon thc parties and is not transferable. SECTION 7- LIMITATIONS This Agreement shall expire thirty (30) days from the date of the issuance of the Preliminary Work Permits ifthe project's final plat is not submitted to the Board of County Commissioners for approval pursuant to Division 3.2. ofthe 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 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 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 the Owner can not rely upon the fact that the project's final plat v~'ill be approved upon submission to the Board of County Commissioners. The Owner is required to co~nply 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 WHEREOF, the parties have executed this agreement the day first above written. Witness Printed Name 'Witness Printed Name STATE OF FI,ORIDA COUNTY OF ., Pelican Strand Ltd., A lqodda Limited F'artnership Pelican Strand Development Corporation, A Florida Corporation, as .GTeral Pa,~ner R. I a'~l llardy Vic,.' F'resident On this " da), of Septemb'e~. 1998 belbre me, personally appeared R. Paul ttardv. Vice President of Pelican Strand Development Corporation. a General Partner of Pelican Stran'd I.td.. personally kno~m lo me to bc the person who subscribed to the foregoing instrument. NOTARY PUBLIC, STA'I"i.~ OF FLORIDA Print Name: ATTES'F: CLERK'S NAME, CLERK Approved as to Fora and legal sufficiency: Assi~ant County Attorney BOARD OF COUNTY COMMISSIONERS ()F COI,LIER COUNTY. FLORIDA Bar'bara ge~-ry?chair'~n 'x(-~ LEGAL DESCRIPTION PREPARF['~ GY SLIRVLYO!~' I;'ACI l0 ('}t PELICAN STI~AN0 . A PORh~ or TROT 't U~ T~[ PLLIC&N STRI~IO PL~ AS K,',NGF 26 DST. COLU[R COuNtY. [LORI[}~ B[I~ ~[ PK~TICIJLA~L~ 00UND(D ~D DISCR~BID A~ ~OtlOWS f.O~M[NCINC, {POC). 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