Links at the StrandRECEIVED
JAN 2 1 2000
8oard of County Commissioners
RECEIVED
COMMUNT;TY DEVELOPMENT &
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer
bATE: January 19, 2000
RE:
Links at the Strand
Preliminary Work Authorization
Attached pleose find o Preliminary Work Authorization for Links
at the Strand. 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
THE LINKS AT THE STRAND
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ~day o~_, ~~, by _~a~l,d,
between the Board of County Commissioners of Collier County, Florida hereinafteS~ferred to as County'
and The Strand Ltd.,~nereinaher referred to as the "Owner",
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 97-75 known as the Pelican
Strand Planned Unit Development Ordinance heremaRer referred to as The Strand; and
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in
The Links at The Strand, said legal description attached hereto as Exhibit "A" and incorporated herein by
reference; and
WHEREAS, the South Florida Water Management District has issued a permit for a surface water
management construction for The Strand, SFWMD Permit No. 11-01461-P; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because they want
to have infrastructure constructed in time for upcoming seasonal sales; and
WHEREAS, Owner represents and warrants that no construction shall occur m 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
subdivisions 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 premised, the mutual undertakings of the parties, and
other good and valuable consideration, it is agreed by the parties hereto as follows-
SECTION I - ACKNOWLEDGMENT
The foregoing recitals are tree 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.
\\CESNTSERVER'~ERV1 -C~eng~ELICAN\GOLF_COM~IMPROVEM~ractl 2\Tract 12 - PWA.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-.
Infrastructure construction to consist of site cleating and filling within Tract 12, installation of
water distribution mains, sanitary collection mains and storm drainage and roadway construction.
The preliminary work detailed in this Section shall be in accordance with plans entitled The Links
at The Strand Improvemem Plans consisting of nine (9) sheets, prepared by Mark D. McCleary,
P.E., Community Engineering Services, Inc. dated IZ-z?~-qq hereinafter referred to as the "The
Preliminary Work". The legal description of the boundaries of the Preliminary Work is shown on
the preliminary plat for The Links at The Strand consisting of two (2) sheets prepared by Roger
H. Harrah - LS#5294, Community Engineering Services, 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 Plat
Subdivision
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 Coumy a copy of the actual permit from the South Florida Water
Managemem District for all matter included in the jurisdiction of the South Florida Water
Management District, which conforms with the Preliminary Work Release plans submitted to the
County.
DEP Permit and plans for sanitary construction are currently under County review.
DEP Permit and plans for water service construction are currently under County review.
\\CESNTSERVER\SERV1 -C~eng\PELICAN\GOLF_COM\IMPROVEM~tmct12\Tract 12 - PWA.doc
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.
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 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
The 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 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 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 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.
\\CESNTSERVER\SERV1-C~eng~PELICAN\GOLF_COM~IMPROVEM~tract12~Tract 12 - PWA.doc
IN WITNESS WHEREOF, the parties have executed this agreement the day first above written.
Witr~ss/" ~--~ The Strand Development Corporation of Naples,
~.q-,'~ iA ~ ~/~v3c~;il<.. AFloridaCo~or~ion, asGei~eralPartner
Print ~ e ' ~ ~ :" ....
'~itn~_/ ~ ' /, ~ J~ ~ ~ 3~~ '
Printed N~e Vice President ~ /
/
STAT[ OF FLO~DA
CO~TY OF
On t~s ~ day of ~~~, 199~ before me, perso~ly appe~ed R. Paul ~dy, Vice
President of The Str~d Development Co~oration of Naples, a ~eneral P~ner of The Strand
Ltd., person~y known to me to be the person who subscribed to the foregoing inst~ment.
NOTARY PUBLIC, STATE OF FLORIDA
" · ,Approved as'to-lo, hi ana ~egaJ sumciency:
ASsistant County Attorney
II ,,.,~.~$,'~,, CAROLYN S. MILLER !
!1~,~:~ EXPIRES: F~ma~ 25, 2~3 II
My Comssion Expires: !1 Il
! .... 2 2'1 [~ ....
BOARD.~MMISSIONERS
OF J:¢
\\CESNTSERVER~SERV1-C~eng~PELICAN\GOLF_COM\IMPROVEM~tract12\Tract 12 - PWA.doc
,00,t,C'o00 N
F
Fq
G]
2>
F
zz
Fq
~26.2T ~
N 01'33'45" E
147.81'
hi 01'33'45"
149.99'
~',I 01'53'45"
z
149 7.5'
01'3Y45" E
149.,=,.7
f,' 0i'33'45" E
149.08'
N 01'35'45" E
1 ¢9.07'
o
N 01'33'45" E
149.22'
r-' ~.,
G~" 10' U,£. ~
N 01'33'45" E
149.39'
N 01'33'45" E
149.56'
N 01'3Y45" E
149.71'
N 0r33'~" E
.88'
01'33'45" E
:' 149.1g' ·
o
N 01'33'45" E
:.6.17'