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Bristol Pines COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING SERVICES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Enginee~~ DATE: September 27 2004 RE: Bristol Pines Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Bristol Pines. 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 t.. ~ l.R day of ~£~,. , 20 04, by and between the Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and Waterways Joint Venture IV, hereinafter referred to as "owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 2004-10 known as the Bristol Pines PUD Ordinance, hereinafter referred to as the Bristol Pines PUD, and WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in Bristol Pines PUD, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because of earth work and fill in the right-of-way; 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 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 the conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows: Roadway, Drainage, Water and Sewer Improvements The preliminary work detailed in this Section shall be in accordance with plans entitled Final Subdivision Plans consisting of 22 sheets, prepared by RW A Inc., dated March 2004 hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the Preliminary 1 ~ ~... .------..-- Work is shown on the plat for Bristol Pines Phase One consisting of £ sheets prepared by RW A 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: (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 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. (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 - APPROV ALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once condition (a) in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit for habitable structures within the (Bristol Pines Subdivision) until the (Bristol Pines 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 - LIMIT A TIONS 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 2 ~ Agreement prior to satisfying condition (a) 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 cannot 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. IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. ~~ 5-f-ef] h.a YJ¡..{( ~ ~~ ~'I.-R- "/ Printed Name \--7 I. ¡J '.If: ' i/d-r~ //~. Witness ¡/ Ii Uf (t t 1/ 111 E.. Printed Name STATE OF FLORIDA:L ' COUNTY OF (! t:Í ..L.A.--- The foregoing instrument was ac~ before me this :J.3Rd day of Richard Davenµort who is ~ŠÕÌ1ally knOWìt~o me or has produced identification. Sept-tmbeßr 2004, by as Seal: ",,,~~~'~""" TRINI1V L. CAUDILL . '\ Notary Public . State of Florida . IMfCa.I IIÎIfk), &pNeAp18.2CJ17 i CommIuIon # 00192331 Ionded Iv NatIonal Naby Alan. Notary Public ,ignature. .. ) \(\Xì I~ L Go u.dd (Name typed, print or stamped) ATTEST: Dwight E. Brock, Clerk ... Board of County Commissioners Collier County, Florida J~ '"< }¡:; ~ I~.) ..'~ (..ld' ."'.(-."l\ Donna Fiala, Chairman J enni Assistant County Attorney 3 Þf ~,..._..".,,Q..""',,.,,,-.,,._~,, d·"" ,,,_" 'y~,,,,<,':,': , c> 6'(',:~} ~(. '" /"; '*, , _~..".' ._<.~~t4.~ !ì?~., /";<.: ,r.~_"",_~ . U;.:!C~ "-;_:'...1 \~ ¡'~"'_~)f)i..~ '~~_':;~ .I\',,~ '. . ,,'......., ,~;",~g.......... EXHIBIT A LEGAL DESCRIPTION COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35, N89°58'25"E, A DISTANCE OF 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT, S02°14'59"E, A DISTANCE OF 30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30 FOOT WIDE ROAD RIGHT-OF-WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 3466 AND BOOK 144, PAGE 634, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT-OF-WAY, N89058'25"E FOR 1552.22 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID EAST LINE OF NORTHWEST 1/4 OF THE NORTHWEST 1/4 S02°15'20"E FOR 639.40 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID SOUTH LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, S89°57'59"W FOR 1552.28' FEET TO A POINT OF INTERSECTION WITH THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT; THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT N02°14'59"W A DISTANCE OF 639.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 991,917.9 SQUARE FEET OR 22.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89°58'25" EAST.