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Charlee EstatesCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer~.~,~l DATE: May 21, 2003 RE: Charlee Estates Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Charlee 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 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 AUTHORIZATION THIS AGREEMENT made and entered into this 20 day or )4//A-7 , ~ by and between the Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and Iq~r~ t ?~t F-/~'/,~. i-h/~c/u i Tx~ oF , hereinafter referred to as "owner". C'occ/,-T.... Oou,v RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. known as the ~A-/~i'7'-&T'/-~O4CE Ordinance, hereinafter referred to as the WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in 0/d-/~.L~E ~z--oT?,~7"~g , said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District is currently reviewing an application for a surface water management permit for SFWMD Application No. ; and /~/' 17"'-/5-s&E'~ .5',~w/,/Z) _~T'~,,P ~ //.- O Z//~-'- ~ WHEREAS, Owner represents that the Preliminary Work Authorization is needed because /-'/,41¢/7-/¢r7'- ,t~t//£/_..)$ [..dYe /~,,('O/'"f£ /4'¢b',S//v C~ ~/) ; 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 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 1 - ACKNOWLEDGEMENT The foregoing recitals are tree 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. SECTION 2 - IMPROVEMENTS A. Owner shall be permitted to perform site preparation and construction activi, ties subject to the conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows: (Provide detailed documentation as to the requested activities to occur, required improvements to be constructed, ancillary structures to be permitted, and any other facilities to be considered for the permitting under this Preliminary Work Authorization) The preliminary work detailed in this Section shall be in accordance with plans entitled ~5't/~ (~0 ~/.STP-4/CT'~oA) ]>64'W-q consisting of ff-O sheets, prepared by ~OPl7~O~ ~-t~C~ [hdea~ed ./v~/ 200 3 her. ei.nat~er referre, d to as "The Preliminary Work". The legal descrintion of oounclartes of the prehm~nary Work is shown on the preliminary plat for C 14~rl~ consisting of ~ sheets prepared by ~3-otOv3OtO Bo 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 ( rehmlnary Work Permits"). These applications are as follows: (List of applications consistent with the requirements of Sections 3.2.8 and 3.2.9 of the Land Development Code) .SECTION 3 - PERMITS REQUIRED ao Issuance of the Preliminary Work permits shall be conditioned upon the following: 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. Owner submitting to the County acopy of the early work permit 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. (List additional permits necessary from the County and any applicable State and/or Federal Agencies necessary to commence construction of the improvements requested for Preliminary Work Authorization) ..SECTION 4 o APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions /t~ ~~ t5 /:~ in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit for habitable structures within the t2t4Afl_~ff~,2~'' ., until the ('kiagt~'(' ~'~F~r~r~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 attorney's fees and court costs, resulting from, arising out of, and in connection with Owner's 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 Agreement. ..SECTION 6 - RESTRICTIONS This Agreement shall be binding upon the 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 if the project's final plat is not submitted to the Board of County Commissioners for approval pursuant to Division 3.2 of the 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 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 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 Owner can not rely upon the fact that the project's final plat will 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 I. and Development Code before the final plat can be submitted to the Board for consideration. IN WITNESS WHEREOF, the parties have executed this Agreement.,~e ~[ay~i. rst above written. ,_~.._..-~'~-/~, ~/_.)~-;~-t/::~'7 Printed name and Title ~ Pri)af~. Name Printed Name A,- .... ,- .. . .:'.x .' ' ". * ~.a ~ght'-E..Brock~ L-'lerk and l~gal Assis~nt Coun~ A~omey EXPIRES: March 4, 2004 II Board o.f Cg~aty Co .m~issioners 7z. t Chairmi-n DESCRIPTION: LINE OF STATE k~93L{~ qOUNTY, FLORIDA, ~ T ,i2: TO~?SHIP 51 SOUTH, ALONG SAID R/OH~-~.~U'S' ROU~ 41, TAMIAMI '~AI,~ '~,~SZERLX RiGHT-OF-WAy -ur-WAr LINE FOR 1,500 O0 F~r~ ~¢h~u~ N. 5421 W., THENCE S. 35'59' W., FOR 400.00 FEET; THENCE S. 54'21' E., PARALLEL WI~ ' ~ ~u /~E POINT OF BEGINNING; SAID RIGHT-OF-WAY LINE, 500.00 FEET; THENCE S. 55'39' W., FOR 519.90 FEET, TO THE SOUTH LINE OF SEC~ON 12, THENCE S. 89'54' W., ALONG SAID SOUTH LINE, FOR 1,252.18 FEET; THENCE N. 55'39' E., FOR 1,459.79 FEET TO THE AFORESAID RIGHT-OF-WAy LINE; THENCE S. 54'21' E., ALONG SAID LINE, FOR 500.00 FEET TO ~E POINT OF BEGINNING, CONTAINING 20.198 ACRES, MORE OR LESS.