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Terranova of Pelican Marsh RECEIVED tAN ~ 7 2008 Beard of Count~ Co~a,fSsloner$ COMMUN]:'I'Y DEVELOPMENT & ENVIRONMENTAL SERV]:CE$ DZ:V]:SZON EN&]:NEER]:N& REV]:EW SECTION MEMORANDUM TO: Sue Filson. Administrative Assistant __. .................... Z...:._JL ..... ~ FROM: ~Tohn R. Houldsworth, Senior Engineer l : loo DATE: r~.~.~--~o ~,~,,~ RE: Terronovo to Pelican Marsh Prel,m,nory work'A~ Attached please find a Preliminary Work Authorization for Zerranova at Pelican Marsh. This document has been reviewed by Engineering Review and the County Attorney's Office. Collier ap~~-elim'nary, work authorizations. Please have the Chairman sign the document and forward to the Clerk's office. Should you hove any questions, please advise. jrh CC: Project File Reading File TERRANOVA of PELICAN MARSH PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this ~ day of ~ , t:9~, by and between the Board of County Commissioners. of Collier Count,Florida,' Zherelnafter. refbrred to as County and Ground Developmenh Inc}: r~ere~nalter referred to as the "Owner". RECITALS' WHEREAS, the County has adopted Collier County Ordinance No. 99-33 known as the Pelican Marsh PUD, hereinafter referred to as the Zoning Ordinance; and WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in O.R. Book i:¢~,~ , Pa~es ~to4'3~ , said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District has issued a surface water management permit for "Terranova of Pelican Marsh", SFWMD Permit No. 11-01221-S; and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because owner would like to show site activity during tourist season (to the extent possible) and to complete as much of the work as possible prior to the summer rainy season; and WHEREAS, Owner represents and warrants that no construction shall occur in environmentally sensitive areas 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 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 agreement 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 ackmowledged that the execution of this Agreement does not constitute a -1- 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: · Construct proposed sales trailer facility · Fill proposed road right-of-way · Install water, sewer, & drainage facilities The preliminary work detailed in this Section shall be in accordance with plans entitled "Terranova of Pelican Marsh" consisting of twelve (12) sheets, prepared by Butler Engineering, Inc, dated October 1, 1999, hereinafter referred to as the "The Preliminary Work". The legal description of the boundaries of the Preliminary Work is shown on the Final Plat for "Terranova of Pelican Marsh - Unit One," consisting of two (2) sheets prepared by A. Trigo & Associates, 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 (the "Preliminary Work Permits"). These applications are as follows: Final Subdivision Master Plans for "Terranova of Pelican Marsh" prepared by Michael J. Landy, P.E. #41075 of Butler Engineering, Inc., Project Number 315-01.30, Sheets 1 thru 12 dated October 1, 1999 (November 17, 1999 latest revision) · Final Subdivision Plat for "Terranova of Pelican Marsh - Unit One" prepared by A. Trigo, P.L.S. #2982 ofA. Trigo & Associates, Inc., Sheets 1 & 2 SECTION 3 - PERMITS REQUIRED 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. bo Owner submitted 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 -2- SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit will be issued for habitable structures within the "Terranova of Pelican Marsh" project until the "Terranova of Pelican Marsh - Unit 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 attorneys fees and court costs, resulting from, arising out of, and in connections 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 transferrable. 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 final plat review by the Board due to the fault of the County. All work approved by this Agreement must cease and not restart if the final 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 the 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. ~,1 J. Landy Butler STATE OF FLORIDA Ground Developmen~ Inc. Steven C. Fitterman, President COUNTY OF COLLIER Before me, the undersigned authority, this day personally appeared Steven C. Fitterman, to me well known and known to me to be President of Ground Development, Inc'~'and he acknowledged to and before me that he executed said Agreement on behalf of and in the name of said Corporation; that he is duly authorized by said Corporation to execute said Agreement and that said Agreement is the free act and deed of said Corporation. IN WJ, TNESS WHEREOF I have hereto set my hand and affixed my official seal this day of~,'~' ~ .A.D., 1999 ~, 'r~ ~ .~,:.~.My Comm;~n CC~ ' ~ ~24, ~ Notaw Public in and for the S te and Co~y aforesaid. -~y Commission Expires: ~ ._-' -' Dwigh!:'E:~Brock, Clerk _.: -:...: :. Attest. Chah'mn's t* orm and sufficiency: Ass~ist~nnt ~ou~y Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Pamela S. Mac'Kie, Chairwoman -4- (Pd/c~ ~ Fumm Panmb '~' ami "D' WILSON. MILLEIL BARTON & PEEK, INC. WIL~ON. II.4iI. LKK. ]~AHLTON ~ PF;F.K. INi', )200 Ll~41re~ Li~. ,~um., ZOO, NA Ic~ I-'l~q4~# T411~-Idle~)7 ,' Pix 941 -h4~,4(~.' 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