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Royal Palm Golf Estates Replat COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING SERVICES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer..k \. DATE: May 25,2005 RE: Royal Palm Golf Estates Replat #3 Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Royal Palm Golf Estates Replat #3. 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 ROYAL PALM GOLF EST A TES PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this 2$ 1/./ day of #tAt ' 2005, by and between the Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and NAPLES GOLF CLUB SOUTH. L.L.c., hereinafter referred to as "owner" . RECIT ALS WHEREAS, the County has adopted Collier County Ordinance No. 04-60 known as the Bovne South PUD Ordinance, hereinafter referred to as the Bovne South PUD; ánd WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in Roval Palm Golf Estates, said legal descriptions attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District has APPROVED THE ENVIRONMENTAL RESOURCE PERMIT NO. 1l-02383-P DATED APRIL 13. 2005 attached hereto as Exhibit "B" and incorporated herein by reference; and 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; 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 CQunty'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 10.02.04 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. C:\Docul11~nts and Scttings\Ed\My Docul11ents\ed\ash e l11ails\Holc Montes\5 18 05\Pr~lil11inary Work Authorization-fonn.doc 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 of vegetation necessary for project infrastructure. 2. Earthwork necessary for the installation of water and sewer lines, drainage pipes, swales and roadbed preparation. 3. Installation of storm drainage pipes and swales. 4. Installation of water and sewer utilities. The preliminary work detailed in this Section shall be in accordance with plans entitled Roval Palm Golf Estates Phase 2 Construction Plans consisting of 28 sheets, prepared by Hole Montes. Inc., dated April 13,2005 hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the preliminary Work is shown on the preliminary plat for Roval Palm Golf Estates Replat #3 consisting of 11 sheets prepared by 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: 1. ROYAL PALM GOLF ESTATES Construction Plans consisting of 28 sheets prepared by Hole Montes, Inc. 2. ROYAL PALM GOLF REPLA T #3 Final Plat consisting of 11 sheets prepared by Hole Montes, Inc. 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. B. Owner submitting to the County a copy of the 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) C:\DOClIl11cnts and S~ttings\Ed\My [)oclll11ents\~d\ash e l11ails\Hole Mont~s\5 18 05\Prelil11inary Work Authorization-forl11.doc --~'".__..,-'" . ^----,~- SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions ;, A.t: 'ß in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit for habitable structures within the Boyne South PUD until the Royal Palm Golf Estates Replat #3 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 Section 10.02.04 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 Sections A and B above 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. C:\DOClIl11cnts and S~ttings\Ed\My Docul11~nts\ed\ash ~ l11ails\Hol~ Mont~s\5 18 05\Preliminary Work Authorization-fonn.doc IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. .h./ ~7._____- Witness h fc;1!.../ to( rcl I cc,,,,I,?h/ ¿~ 7 Printed Name " /+~. Wi,\ness Kß o? (k. 'KQ. ~ (\ ~ 'V\ 0\.. Printed Name VB SOUTH, L.L.C. t'\·""·· A Tt£S'~:.. c()',·:.' "" "., ". . Qwight E."BrocK;£lerk rJÆ::,Þ~~( -'Jj" Att.st,¡j~~ \,..:. . ~ y þ\' . .. ~ ~ '}' --' , 1 Ap~6~J~J'~r~ a~d legal sufficiency: Board of County Commissioners of Collier County, Florida ~o.~ ~ ..:.~ Jenni e A. Belped 0 ~Esq. Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER Before me personally appeared Ashlev Bloom to me well known to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. ¿-- WITNESS my hand and official seal this I f day of M~ ,2005. ~ ---:--' J Ii ' / ,~CA.- ~ SEAL ignature M a-v-.~c~ Se-,^- '-e ~ 6 e -r- Notary Public State of Florida C:\DoclIJ1lcnts and Settings\Ed\My Docul11ents\ed\ash e mails\Hole Montes\S 18 05\Preliminary Work Authorization-form doc LEGAL DESCRIPTION Page 1 of2 Stephanie Karol From: Ben Nowell Sent: Monday I May 23, 2005 1 :25 PM To: Stephanie Karol Cc: George Hermanson; Tom Murphy Subject: LEGALDES.doc for Boyne Draft LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AND IN A PORTION OF ROYAL PALM GOLF ESTATES UNIT 1 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12 AT PAGES 13 THROUGH 18 AND IN A PORTION OF THE REPLAT OF ROYAL PALM GOLF ESTATES UNIT 1 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12 AT PAGE 72, BOTH, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF ROY AL PALM GOLF ESTATES UNIT I, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12 AT PAGES 13 THROUGH 18, COLLIER COUNTY, FLORIDA, THE SAME BEING THE NORTHEAST CORNER OF LOT 132, OF SAID ROYAL PALM GOLF EST A TES UNIT I AND A POINT ON THE EAST LINE OF SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.OI °09'56"E., ALONG THE EAST LINE OF SAID SECTION 20 AND ALONG THE BOUNDARY OF SAID ROYAL PALM GOLF ESTATES UNIT 1, FOR A DISTANCE OF 2,229.09 FEET TO A POINT ON THE NORTH LINE OF LOT 1 07, BLOCK A, OF SAID ROYAL PALM GOLF ESTATES UNIT 1; THENCE RUN N,88°53'56"W" ALONG THE NORTH LINE OF SAID LOT 107, FOR A DISTANCE OF 160.48 FEET TO A POINT ON ROY AL HAMMOCK BOULEVARD, OF SAID ROYAL PALM GOLF EST A TES UNIT 1 AND TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS N.88°53'08"W" A DISTANCE OF 455.10 FEET THEREFROM; THENCE RUN NORTHERLY ALONG SAID ROYAL HAMMOCK BOULEVARD AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 455.10 FEET, THROUGH A CENTRAL ANGLE OF 02°16'48", SUBTENDED BY A CHORD OF 18.11 FEET AT A BEARING OF N,OooOI'32"W., FOR A DISTANCE OF 18.11 FEET TO THE END OF SAID CURVE; THENCE RUN S.88°50'04"W., FOR A DISTANCE OF 210.00 FEET; THENCE RUN N.58°49'54"W., FOR A DISTANCE OF 1,660.00 FEET; THENCE RUN N.OI °II'12"W., FOR A DISTANCE OF 1,399.95 FEET; THENCE RUN N.12°05'15"E., FOR A DISTANCE OF 649.99 FEET TO THE MOST EASTERLY CORNER OF LOT I, BLOCK A, OF SAID ROYAL PALM GOLF ESTATES UNIT 1; THENCE RUN N,54°35'37"W" ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, FORA DISTANCE OF 150.00 FEET TO A POINT ON SAID ROYAL HAMMOCK BOULEVARD; THENCE RUN N.53°50'29"E., ALONG THE BOUNDARY OF SAID ROYAL HAMMOCK BOULEVARD, FOR A DISTANCE OF 63.27 FEET; THENCE RUN N,35° 24'23"E., ALONG THE BOUNDARY OF SAID ROYAL HAMMOCK BOULEVARD, FOR A DISTANCE OF 332.77 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF U,S, HIGHWAY 41 (STATE RD. 90), A 200.00 FOOT WIDE RIGHT-OF-WAY; THENCE RUN S.54°35'37"E" ALONG THE SOUTHWESTERLY RIGHT-OF- WAY LINE OF U.S. HIGHWAY 41 (STATE RD, 90), FOR A DISTANCE OF 1,860,85 FEET, TO THE ¡>QINLQJ; BJ<;ŒN:NlliQ; CONTAINING 99,207 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD, BEARINGS REFER TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41 (STATE RD. 90), A 200,00 FOOT WIDE RIGHT-OF-WAY, AS BEING S.54°35'37"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 THOMAS M. MURPHY P.S.M. #5628 STATE OF FLORIDA BY EXHIBIT" A" 5/23/2005 <8 SOUT~. FLORIDA WATER MANAGEMENT L ENVIRONMENTAL RESOURCE PERMIT NO. DATE ISSUED: 3TRICT 11-02383-P 13-APR-2005 FORM .0145 Rev. 08195 PERMITTEE: NAPLES GOLF CLUB SOUTH LLC NAPLES SOUTH LLC NAPLES GOLF DEVELOPMENT LLC (BOYNE SOUTH AKA NAPLES GOLF CLUB SOUTH) See atttached for address PROJECT DESCRIPTION: CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING A 338.40 ACRE RESIDENTIAUGOLF COURSE DEVELOPMENT KNOWN AS BOYNE SOUTH, WITH DISCHARGE INTO GOODLAND BAY VIA THE BIG MARCO RIVER VIA THE SR 92 DITCH ViA AN EXISTING DRAINAGE DITCH VIA THE MASTER SURFACE WATER MANAGEMENT SYSTEM IN ADDITION CONCEPTUAL AUTHORIZATION FOR 8.60 ACRES, PART OF THE 338.40 ACRE SITE, IS REQUESTED FOR THE MULTI-FAMILY PARCELS AND THE CLUB HOUSE EXPANSION. PROJECT LOCATION: PERMIT DURATION: COLLIER COUNTY, SECTION 20 TWP 51S RGE 27E See Special Condition No: 1. See attached Rule 40E-4.321, Florida Administrative Code. This Pennit is issued pursuant to Application No. 040402-25, dated September 28, 2004. Pennittee agrees to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, operation, maintenance or use of activities authorized by this Permit. This Permit is issued under the provisions of Chapter 373 , Part IV Florida Statutes (F.S.). and the Operating Agreement Concerning Regulation Under Part IV, Chapter 373 F.S., between South Florida Water Management District and the Department of Environmental Protection. Issuance of this Pennit constitutes certification of compliance with state water quality standards where neccessary pursuant to Section 401, Public Law 92-500,33 USC Section 1341 ,unless this Permit is issued pursuant to the net improvement provisions of Subsections 373.414(1)(b). F.S., or as otherwise stated herein. This Pennit may be transferred pursuant to the appropriate provisions of Chapter 373, F.S, and Sections 40E-1.61O'7(1) and (2). and 40E-4.35l(1), (2). and (4). Florida Administrative Code (FAC.). This Pennit may bè revoked, suspended, or modified at any time pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E-4.351(1). (2), and (4). F.A.C. This Pennit shall be subject to the General Conditions set forth in Rule 40E-4.381, F.A.C., unless waived or modified by the Governing Board. The Application, and the Environmental Resource Permit Staff ReVlew Summary of the Application, including all conditions, and all plans and specifications incorporated by reference, are a part of this Permit. All activities authorized by this Pennit shall be implemented as set forth in the plans, specifications, and perfonnance criteria as set forth and incorporated in the Environmental Resource Pennit Staff Review Summary. Within 30 days after completion of construction of the permitted activity, the Permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual, pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E-4.361 and 40E-4.381, F.A.C. In the event the property is sold or otherwise conveyed, the Permittee will remain liable for compliance with this Permit until transfer is approved by the District pursuant to Rule 40E-1.6107, F.A.C. SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS: SEE PAGES 2 3 OF 6 SEE PAGES 4 6 OF 6 (18 SPECIAL CONDITIONS), (19 GENERAL CONDITIONS). SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY iTS GOVERNING BOARD On _QB!9-l~~.sIGN~Q By'-____ By ELIZABETH VEGUILLA DEPUTY CLERK PAGE 1 OF 6 EXHIBIT "B" PERMIT NO: 11-02383-P PAGE 2 OF 6 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on April 13, 2010. 2. Operation of the surface water management system shall be the responsibility of BOYNE SOUTH PROPERTY OWNER'S ASSOCIATION. Within one year of permit issuance or concurrent with the engineering certification of construction completion, whichever comes first, the permittee shall submit a copy of the recorded deed restrictions (or declaration of condominium, if applicable), a copy of the filed articles of incorporation, and a copy of the certificate of incorporation for the association. 3. Discharge Facilities: Existing Pumps Receiving body : Lake 25 Control elev : 2.5 feet NGVD. Basin: Basin 4 I-3D' W X 1.5' H SHARP CRESTED weir with crest at elev. 2.5' NGVD. Receiving body Lake 25 control elev : 2.5 feet NGVD. Basin: Basin 6 I-3D' W X 1.5' H SHARP CRESTED weir wi~h crest at elev. 2.5' NGVD. Receiving body Lake 25 Control elev 2.5 feet NGVD. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. B.' Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11, This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. Minimum building floor elevation: BASIN: Basin 2 - 7.00 feet NGVD. BASIN: Basin 3 - 7.00 feet NGVD. PERMIT NO: 11-02383-P PAGE 3 OF 6 BASIN: Basin 4 - 7.00 feet NGVD. BASIN: Basin 1 - 7.00 feet NGVD. BASIN: Basin 9 - 7.00 feet NGVD. BASIN: Basin 7 - 7.00 feet NGVD. BASIN: Basin 8 - 7.00 feet NGVD. BASIN: Basin 5 - 7.00 feet NGVD. BASIN: Basin 6 - 7.00 feet NGVD. 13. Minimum road crown elevation: Basin: Basin 2 - 5.50 feet NGVD. Basin: Basin 3 - 5.50 feet NGVD. Basin: Basin 4 - 5.50 feet NGVD. Basin: Basin 1 - 5.50 feet NGVD. Basin: Basin 9 - 5.50 feet NGVD. Basin: Basin 7 - 5.50 feet NGVD. Basin: Basin 8 - 5.50 feet NGVD. Basin: Basin 5 - 5.50 feet NGVD. Basin: Basin 6 - 6.96 feet NGVD. 14, The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 4.0-4.4) and on the applicable approved construction drawings for the duration of the projects construction activities. 15, The Urban Stormwater Management Program (Exhibit Nos. 3.0-3.3) shall be included as part of the (Homeowners documents/Articles of incorporation/Property Owners association documents) prior to being' recorded. Prior to recording of the Home Association Documents the amended documents shall be submitted to the Enforcement and Compliance section at the Fort Myers Lower West Coast Service Center for approval. 15. Exhibits Nos, 3.0-3.~ and 4.0-4.4 are incorporated by reference and shall be retained in the permit file. 17. Pumps may only be operated manually during daylight hours between June to October when the following criteria are met. Pumps shall not start until the water level exceeds 4.92 feet NGVD in Lake 8 and 4.7 feet NGVD in Lake 14. Pumps shall stop no lower than elevation 3.0 feet NGVD in Lake 8 or Lake 14. 18. The lakes shall be constructed without dewatering as indicated in the application submittal. PERMIT NO: 11-02383-P PAGE 4 OF 6 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted acti vi ty, The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permi.t prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manuäl¡ A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, F.A.C. unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers, The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. ~ , When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following JUne of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Completion/Certification Form Number OB81A, or Environmental Resource/Surface Water Management Permit Construction Completion Certification For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E-1.659, F .A. C. The statement of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally I if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawings. All surveyed dimensions and elevations shall be . ."~--'._~---.--..~' PERMIT NO: 11-02383-P PAGE 5 OF 6 certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. until the permit is transferred pursuant to Section 40E-l,6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permi ttee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F. S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state- PERMIT NO: 1l-02383-P PAGE 6 OF 6 owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit, 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. PERMIT NO: 11-02383-P APPL NO: 040402-25 NAPLES GOLF CLUB SOUTH LLC (BOYNE SOUTH AKA. NAPLES GOLF CLUB SOUTH) 7100 W CAMINO REAL STE 402 BOCA RATON, FL 33433 NAPLES SOUTH LLC (BOYNE SOUTH AKA. NAPLES GOLF CLUB SOUTH) 7100 W CAMINO REAL SUITE 402 BOCA RATON, FL 33433 NAPLES GOLF DEVELOPMENT LLC (BOYNE SOUTH AKA. NAPLES GOLF CLUB SOUTH) 7100 W CAMINO REAL SUITE 402 BOCA RATON, FL 33433 ENVIRONMENTAL RESOURCE PERMn CH,'-\r'TER 40E-4 (1 01Ð5) 40E·4.321 Duration of Permits (1) Unless revoked or otheNv'ise modified the duration of an environmental resource peim¡~ issued under this chapter or Chapter 40E-40, FAC is as follows (3) For 3 conceptual approval, riVO years f¡-om the date of issuance or the date specifie,j as 2 condilion of the permit, unless within that period an application for an individual or standard genera! permit is filed for any portion of the project If an application for an environmental resource permit is fìlec then the conceptual approval remains valid until final action is taken on the environmental resource perrT;¡~ application If the application IS granted, then the conceptual approval is valid for an ad.jitlonal two years from the date of issuance of the permit Conceptual approvals which have no Individual or standard g~!ne(3¡ enviwnmental res.ource permit applications filed for a penod of two years shall expire autm71a¡icaii', at the end of the two year period ;.c) For a conceptual approval fiied concurrent!y v'lith a aeve!opment of regional impact (DR\.\ appiicat!on'c! d8velopment approval (ADA) and a local government comprehensive plan amendment, the juration::: the conceptual approval shaH be two years from v'Ihichever one of the foi:owing occurs at the latest date 1 the effective date of the local governments comprehensive plan amendment 2 the effective date of the local government development order 3. the date on which the District issues the conceptual approval or 4 the latest date of the resolution of any Chapter 12057, FAC., administrative proceecjing Cy etfie' legal appeals (e) For an Iildlvidual or standard genera: environment::¡1 resource psr;-nit five years from the G3te of issuance or such amount of time as made a condition of the permit (d) For a noticed general permit issued pursuant to chap,e; 40-t:-40C:. F .4.::::' five vears rron; ',(19 date'che nor!ce oi Intent to use trle permit is provided to the DistnC'. (2)(31 Uniess prescribed by specl8.1 permit condition permits eXD!re automatlcallv accordirg to me timerrames Indicated in tr1is rule It application for extension is made in INiitlng pursJant to SUOS2C¡¡::,- 1,3'1 the permit shall remain in fuli force and effect until the Governi:1g Board takes action en an appl:cation for e;(tens:on of an individual pe'rï1!t -.,¡' ::: staff takes action on an application for extension of a standa:-d genera! permit (0) Instal!ation of the project outfall structure shall not constitute a vesting of the permit (3) The permit extension shail be issued provided that a permittee files a written request witli tne D:stric[ showing gOOd cause prior to the expiration of the permit For tne purpose of t\lis rule, good ':aJse Sh2'; m'O!3n a set of 8xten\Jating circumstances outside of tne control Qf the oerrrittee Re::¡uests for extensions which shalllnc:lude documentatton of me extenuating circumstances and how they ha'v'e delayed tnis proJect, will no; be accepted more than 180 days prior to the expiration date (1 Substantial modifications to Conceptual Approvais WII! extend the duration of tr,e Conceptuai Approva! for two years from the date of issuance of the modification For the purposes of this section, the term "substantial modification" shal! mean a modification which is reasonably expected to lead to substantiaily different water resource or environmental impacts which require a detailed review. (5) Substantial modifications to individual 0, standard general environmental resource permits issued pursuant to a permit application extend the duration of the permit for three years from the date of issuance of the modification Individual or standard general environmental resource permit mcdifications do not extend the duration of a conceptual approval (6) Permit modifications Issued pursuant to subsection 40E-4.331 (2)(b), F ,;C. (letter modifications) do not extend the duration of a permit (7) Failure to complete construction or alteration of the surface water management system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization in order to continue construction unless a permit extension is granted. Specific al~thcr;ty 373044 373113 F.S L8W Imp1errented 373 413. 373416, 373 419. 373.426 F. S Histof\.'-f'lew 9-3-81 , Amended 1-31-82.12-1.82. Formerly 15K-407í4), Amended 7·1·86,4/20/94. Amenoed 7-1-86. 4/20/94.10-3-35