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Grand Lely Drive Extension COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING SERVICES DEPARTMENT MEMORANDUM TO: s...¡:;¡Heen"Admmistrative Assistant FROM: John R. Houldsworth, Senior Engine~ \ DATE: March 28, 2005 RE: GriAod"L.&!V Dr:¡v~ Extension Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Grand Lely Drive Extension. 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 Z ~.T'-\ day of tMA'R-C-)4- , 2005, by and between the Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and Stock Development, LLC, hereinafter referred to as "owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 92-15 known as the Lely. A Resort Community Ordinance, hereinafter referred to as the Lely Resort; and WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in Grand Lely Drive, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District has reviewed the application for a surface water management permit modification for Grand Lely Drive Extension SFWMD Application No. 040928-15; and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because the plans and plat will receive staff approval next week and will miss the March 22. 2005 Board Meeting. The next scheduled Board Meeting is not until April 12. 2005 which creates a hardship for construction, 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 b.ujlding permit, as appropriate; and \0.02.· OY- WHEREAS, Section ;;1 '7 3"é 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: 1. Clearing per staff approved plans. 2. Importing of fill for roadway bed. 3. Construction of paving and drainage infrastructure for roadway. 4. Construction of water, sewer irrigation infrastructure for roadway. The preliminary work detailed in this Section shall be in accordance with plans entitled Grand Lely Drive Extension consisting of20 sheets, prepared by Waldrop Engineering. P.A., dated August 2004 hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the preliminary Work is shown on the preliminary plat for Grand Lely Drive Extension consisting of 2. sheets prepared by Rhodes and Rhodes Land Surveying. Inc. (1) -<-~--_..~_.,.- ._~--~_.,'-".- ............."....-..--- 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: 1. All permits have been submitted and received staff approval. 2. PPL is awaiting Board Approval on April 12th or 26th. SECTION 3 - PERMITS REQUIRED Issuance of the Preliminary Work permits shall be conditioned upon the following: a. County staff fmding 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. b. Owner submitting to the County a copy 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. 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 Grand Lelv Drive Extension until the Grand Lely Drive Extension 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~~ la 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 (Reference applicable Conditions by Letter) 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. (2) "'---~'- ...'.,,_..--- IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. Stock Development  /P~~ Tom Masters, Director of Land Development BoardofcountYCOmmiS;O~~ð OfC~~~d...... Õ....... '"F{2.ED lAJ. Ù)'/~ CNkÜ-fkAJ1 The foregoing instrument was sworn to (or affirmed) and subscribed before me this J:) day of \'l\~~c\-- . 20.dÍ, by '\ ð \'1\ \'Y\ ~S~5 , who is ersonall known to me or has produced as identification. He s e acknowledged before me that he/she has executed this instrument for the reasons therein expressed. Noœry Pubbc SigMture {~~L ~/ ~ Notary PublIc Name ~ .:s My commission expires: RI_O : ~ ....WUl·1 _ ell . ·-...""IIN . . ..... .."." I ." ............: . ""'* . L~~}TrIJU .n..'!!!r.~~~..i (3) '___",_H" ... _'.___..,.__~. ___" _.,__,_,__ .->.-,-~<.~~ -.,-,,-,~.- z o ~ r./) ffi ~ >< ~ ~ > ~ ~ Q ~ ~ ~ ~ Q ~ d [ÇX/7¡/J/' I-' r' _'1' // Ii z o ~ ~ ~ U r./J ~ Q ~ ~ ~ ~ ~ o ~ ~ ~ Z ::J o U c:: W :::; -' o U ,..: en « W "" N W l? 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W c:: « ;:¡ a en 'I" N "" Ó "" (9 Z Z « f- Z o U èfj 3:: o -' -' o lI. ~ ° W 00 ~ U en W ° >- -' ~ -' ;:¡ U ¡::: ~ a. W c:: o ¿ (9 Z ¡¡¡ aJ -t. ° ~ o -' lI. N en Z o ¡::: U W en lI. o Z o ¡::: c:: o a. « ~-,-_.~...- WALDROP ENGINEERING" P.A. Civil Engineering & Land Development Consultants March 22, 2005 John Houldsworth Collier County Engineering Services 2800 N. Horseshoe Drive Naples, FL 34104 Subject: Ashton Place Preliminary Work Authorization PPL-AR-6373 Dear Mr. Houldsworth: Enclosed please fmd a Preliminary Work Authorization for the above referenced Project. The plans and plat will receive staff approval next week and will miss the March 22, 2005 Board Meeting. The next scheduled Board Meeting is not until April 12, 2005 which creates a hardship for construction. Please process the attached PW A as quickly as possible. If you have any further questions, please contact me. Sincerely, Waldrop Engineering, P.A. ~2 ...~ 7'.~/¿~ hristopher R. Mitchell, P.E. Proj ect Manager Enclosures --:::,1 L3(CJy-- ~Q t\J~· G'L. \\Al~ ) {\)6~0: LLJ 1 00-44-42-PWA cover letter 10641 Airport Road North, Suite 32 Naples, FL 34109 Phone: 239-596-9191 Fax: 239-596-9071 E-mail: ronw@waldropengineering.com .-',..-----.-