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City Gate Commerce CenterCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior EngineeJo,~,~- DATE: February 2, 200~4 RE: City Gate Commerce Center Preliminary Work Authorization Attached please find a Preliminary Work Authorization for City Gate Commerce Center. 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 _ day of ,2004, by and between the Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and Citygate Development, LLC, hereinafter referred to as "OWNER". RECITALS: WHEREAS, the County has approved Development Order 88-02, (the Development Order) on December 13, 1988, which approved a Development of Regional Impact (DRI) known as City Gate Commerce Park; and on February 21, 1995, the County approved Development Order 95-02, Resolution No. 95-143, and on May 23, 2000, approved Development Order, Resolution No. 2000- 151 amending Development Order 88-02; WHEREAS, the OWNER has caused the improvement plans entitled CITY GATE COMMERCE CENTER, PHASE ONE, consisting of 21 sheets, prepared by Hole Montes, Inc., dated March 2003, Revised September 2003, Revised December 2003, to be submitted to Collier County and approved; WHEREAS, the OWNER has caused the final subdivision plat for City Gate Commerce Center, Phase One, located in Section 35, Township 49 South, Range 26 East, Collier County, Florida, consisting of 2 sheets prepared by Thomas Murphy, P.L.S. of Hole Montes, Inc. to be submitted to Collier County and approved; WHEREAS, OWNER represents and warrants it is the record fee title owner of the lands described in the Preliminary Plat for City Gate Commerce Center, Phase One, said legal description attached hereto as Exhibit "A" (See note contained therein ) and incorporated herein by reference; WHEREAS, OWNER represents that the Preliminary Work Authorization is needed because construction of infrastructure needs to occur as soon as possible due to economic and development schedule reasons; 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; 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: 1 SECTION 1 - 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. SECTION 2 - IMPROVEMENTS A OWNER shall be permitted to perform site preparation and construction activities subject to --~he conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows: Cleating for the installation of Strom Drainage facilities and Right of Way Grading, filling, balancing the Roadway Rock excavation for Storm Drainage, Sanitary Sewer and Water facilities. Upon receipt of DEP permits, the installation of Sewer & Water facilities. The preliminary work detailed in this Section shall be in accordance with improvement plans entitled CITY GATE COMMERCE CENTER, PHASE ONE, consisting of 21 sheets, prepared by Hole Montes, Inc., dated March 2003, Revised September 2003, Revised December 2003, hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the Preliminary Work is shown on the Preliminary Plat for City Gate Commerce Center, Phase One, located in Section 35, Township 49 South, Range 26 East, Collier County, Florida, consisting of 2 sheets prepared by Thomas Murphy, P.L.S. of Hole Montes, 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 ("Preliminary Work Permits"). These applications are as follows: Construction plans entitled CITY GATE COMMERCE CENTER, PHASE ONE, consisting of 21 sheets, prepared by Hole Montes, Inc. o Final Plat for City Gate Commerce Center, Phase One, located in Section 35, Township 49 South, Range 26 East, Collier County, Florida, consisting of 2 sheets prepared by Thomas Murphy, P.L.S. of Hole Montes, Inc. SECTION 3 - PERMITS REQUIRED Issuance of the Preliminary Work permits shall be conditioned upon the following: 2 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 a copy of the early work permit or actual 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. SECTION 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 satisfied. OWNER understands and acknowledges that no building permit for habitable structures within the City Gate Commerce Center, Phase One, until the City Gate Commerce Center, 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 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 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 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 Land Development Code before the final plat can be submitted to the Board for consideration. 3 IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. (OWNER) /Print Name: w. Print Name :.7../'~'~ CITYGATE DEVELOPMENT, LLC A FLORIDA LIMITED LIABILITY COMPANY c9~eph F/d. Weber, its Vice-President STATE OF OHIO COUNTY OF SUMMIT THE FOREGOING INSTRUMENT was acknowledged before me this /(~day of January, 2004, by Joseph R. Weber, as Vice-President of CITYGATE DEVELOPMENT, LLC, a Florida limited liability company. Personally known PATRICIA L. JONES, Notary Public -..~o~. Residence - Medina County .-~i-~. = Statawide Jurisdiction, Ohio Board of County Commissioners h/,:'.~~ O.c. "-"~, -. ('< , Lf',,N,i~'/'AZ___. _ Approv~a a~ to' fo~ ~d legal sufficiency: of Collier ~unty, Florida /fL . Pa~ck WhitJ LX3 Assistant County Attorney 4 EXHIBIT "A" A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 89° 13'01 "E., ALONG THE NORTH LINE OF SA1D SECTION 35, FOR A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89° 13'01"E., ALONG THE NORTH LINE OF SAID SECTION 35, FOR A DISTANCE OF 490.33 FEET TO A POINT ON THE WEST LINE OF A 170.00 FOOT WIDE FLOIRDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 681 AT PAGE 1210 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.00°28'30"E., ALONG THE WEST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 163.01 FEET; THENCE RUN S.29°30'45"E., FOR A DISTANCE OF 52.47 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN S.31°30'28''W., FOR A DISTANCE OF 70.02 FEET; THENCE RUN S.00°47'14"W., FOR A DISTANCE OF 994.98 FEET; THENCE RUN S.89°31'01"W., FOR A DISTANCE OF 456.51 FEET TO A POINT 100.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLE TO, THE WEST L1NE OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE RUN N.00o29,15"W., PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35, FOR A DISTANCE OF 1260.44 FEET TO THE POINT OF BEGINNING; CONTAINING 13.706 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°00'01 "E., ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35 FOR A DISTANCE OF 306.27 FEET TO A POINT ON THE WEST LINE OF ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORATION RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (I-75) SHEET 8 OF 10, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.43 47 54 W., ALONG THE WEST LINE OF SAD ACCESS ROAD NO. 1, FOR A DISTANCE OF 94.86 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE WEST LINE OF SAID ACCESS ROAD NO. 1 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 336.00 FEET, THROUGH A CENTRAL ANGLE OF 41°01'29", SUBTENDED BY A CHORD OF 235.47 FEET AT A BEARING OF N.23°17'09''W., FOR A DISTANCE OF 240.58 FEET TO THE END OF SAID CURVE; THENCE RUN N.02°46'25''W., ALONG THE WEST LINE OF SAID ACCESS ROAD NO. 1, FOR A DISTANCE OF 750.60 FEET; THENCE RUN N.04°21'08''W., ALONG SAD THE WEST LINE OF ACCESS ROAD NO. 1, FOR A DISTANCE OF 294.26 FEET; THENCE RUN N.89°3 I'01"E., FOR A DISTANCE OF 454.12 FEET TO A POINT ON THE EAST LINE OF AN UTILITY EASEMENT, AS RECORDED AT O.R. BOOK 2861, AT PAGE 1068 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.00°47'14"W., ALONG THE EAST LINE OF SAD UTILITY EASEMENT FOR A DISTANCE OF 653.80 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAD SECTION 35; THENCE RUN N.89o04'40"E. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 35, FOR A DISTANCE OF 690.82 FEET TO A POINT ON THE WEST L1NE OF A F.P.L. RIGHT-OF-WAY EASEMENT AS RECORDED IN O.R. BOOK 681 AT PAGE 1212 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORDA; THENCE RUN S.00°47'14"W., ALONG THE WEST LINE OF SAID F.P.L. RIGHT-OF-WAY EASEMENT FOR A DISTANCE OF 673.29 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35; THENCE RUN S.89°00'01''W., ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35 FOR A DISTANCE OF 909.34 FEET TO THE POINT OF BEGINNING.; CONTAINING 22.747 ACRES, MORE OR LESS. NOTE: THIS PROPERTY INCLUDES THE 70' WIDE COUNTY RIGHT-OF-WAY TO BE VACATED/ABANDONED FOLLOWING COMPLETION OF RELOCATED WHITE LAKE BOULEVARD PER PROPERTY EXCHANGE AND DESIGN/CONSTRUCTION AGREEMENJT BETWEEN RICHARD K. BENNETT, TRUSTEE AND COLLIER COUNTY, DATE JULY 28, 2000 WHICH CONTRACT WAS ASSSIGNED BY RICHARD K. BENNETT, TRUSTEE TO CITYGATE DEVELOPMENT, LLC, AND SUCH ASSIGNMENT WAS AUTHORIZED BY THE BOARD OF COUNTY COMMISSIONERS AT THE JULY 29, 2003 MEETING. THIS RIGHT-OF-WAY COMPRISES APPROXIMATELY 2.24 ACRES OF THE 22.747 ACRES. SEE COPY OF ASSIGNMENT AND AGREEMENT HEREWITH.