Montreux at Fiddler's CreekCOMMUNITY DEVELOPMENT &~',,
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer~
DATE: October 4, 2000
RE:
Montreux at Fiddler's Creek
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Montreux at Fiddler's Creek. 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
Fiddler's Creek Parcel 17
PRELIMINARY WORK AWFHORIZATION
THIS AGREEMENT made and entered into this. ;//' day of ~~ ,_2000,
by and between the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as "County", and GBFC Development, Ltd., hereinafter referred to as the "Owner".
WHEREAS, the County has adopted Collier County Ordinance No. 98-13 known as the
Fiddler's Creek PUD Ordinance, hereinafter referred to as the "PUD"; and
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands
described in O.R. Book 1911, Page 144 of the public records of Collier County, Florida, said
legal description attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has approved the surface
water management permit for Fiddler's Creek, SFWMD Permit No. 11-00685-S; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because in order to commence construction at the earliest possible time due to economic and
developmental time constraints; 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 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.
F:\JOB\FIDCREEKWIWM\PREL 17.doc FC17.PLT
Fiddler's Creek Parcel 17
Preliminary Work Authorization
Page 2 of 4
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 the roadways, easements and construction areas.
2)
Earth work necessary for the installation of water and sewer lines, water
management swales and roadbed preparation.
3) Installation of the project's required improvements.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Fiddler's Creek Parcel 17 consisting of 8 sheets, prepared by Q. Grady Minor & Associates,
P.A., dated August, 2000 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 Fiddler's
Creek Parcel 17 consisting of 3 sheets prepared by Q. Grady Minor & Associates, P.A.
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:
1)
Construction plans for Fiddler's Creek Parcel 17 consisting of 12 sheets, prepared
Q. Grady Minor & Associates, P.A..
2)
Final plat for Fiddler's Creek Parcel 17 consisting of 3 sheets prepared by Q.
Grady Minor & Associates, P.A..
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 early work permit or permit modification
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.
F:~lOB\FIDCREEK\MWM\PREL 17.doc FC17.PLT
Fiddler's Creek Parcel 17
Preliminary Work Authorization
Page 3 of 4
SECTION 4 - APPROVAL
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 will be issued for habitable structures
within Fiddler's Creek Parcel 17 until the Fiddler's Creek Parcel 17 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 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 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 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 of 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.
F:\JOB\FIDCREEK\MWM\PREL17.doc FC17.PLT
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
~itness
Printed Name
Witness
Printed Name
By: GBFC D~velopment~Ltdq ·
By: ~/(~/~ S~/~f~A--~'
Attorney-in-fact & Not Individually
ATTEST: :
Dwight E. Brock;.CLERK BOARD OF COUNTY COMMISSIONERS
, _ OF COLLIER COUNTY.~aORIDA
. ~i ~ency:
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instmmem was acknowledged before me this [ c°'x ~ day of ~ c, ~x- 2000,
by Mark P. Strain, Attorney-in-fact for GBFC Development, Ltd. He is p.ersom~_~ known to me
and did not take an oath.
My Commission Expires: C>c~ [ox
./.~.'"" .~.~'~. Notary Public, State of Florid ~0_11 I
Printed Name of Notary Public
F:\JOB\FIDCREEK\MWM\PREL 17.doc FCi7.PLT
~C"[AL DEPICtiON OF TH~ SU~UIVIUkU LANUb UtbCmtlLU
'EIN AND WILL /N NO CIRCUMSTANCES BE SUPPLANTED
4UFHOR/TY BY ANY OTHER GRAPHIC OR D/¢/TAL FORM
THE PLAT. THERE MAY BE ADDItiONAL
IT ARE NOT RECORDED ON THIS PLAT
/ND /N THE PUBLIC RECORDS OF THIS
RESTRICtiONS
THA T MA Y BE
COUNTY.
COUNTY
THIS PLAT APPROVED IN REG~
COUNTY COMMISSIONERS OF
DAY OF ..............
THE PLAT IS FILED IN THE 0£
COURT OF COLLIER COUNTY,
LEGAL DESCRIPTION
~G~/ AT THE NORTHWESTERL YWOST CORNER 0c F/DDLER'S CREEK PARKWAY
(TRACT 'R'); ALSO BEING THE INTERSECtiON OF THE NORTHWESTERLY RIGHT-
OF-WAY LiNE (EXTENDED) OF F/DOLER'S CREEK PARKWAY (100' RIGHT-OF-WAY)
~TH THE CUSP OF THE NORTHERLY RIGHT-OF-WAY LINE (100' RIGHT-OF-WAY)
OF CHAMPIONSHIP DRIVE AS SHO~/N ON THE PLAT OF FIDDLER'S CREEK PHASE
IB, UNIT THREE, RECORDED IN PLAT BOOK 29 AT PACES 77 THROUCH 85 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN, ALONC SAID
NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE, THE FOLLO~4NC
THREE (5) COURSES: BEQN AT A POINT ON A CIRCULAR CURVE CONCAVE
NORTHERLY, t~HOSE RADIUS POINT BEARS N 44'55'00' W A DISTANCE OF
5000 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HA~NG A RADIUS OF 50.00 FEET, THROUGH A
CENTRAL ANGLE OF 90'00'00~ SUBTENDED BY A CHORD OF 70.71 FEET AT
A BEARING OF N 89'53'00" W, FOR AN ARC LENGTH OF 78.54 FEET TO THE
END OF SAID CURVE; THENCE RUN N 44'53'00' W FOR A O/STANCE OF 351.89
FEET TO THE BECINNINC OF A TANGENtiAL CIRCULAR CURVE CONCAVE
SOUTHWESTERLY,' THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID
CURVE TO THE LEFT, HA~NC A RADIUS OF 4050.00 FEET. THROUGH A CENTRAL
ANGLE OF 12'12'1.~ SUBTENDED BY A CHORD OF 86099 FEET AT A BEARING
OF N 50'59'07" W, FOR AN ARC LENGTH OF 882.62 FEET TO THE END OF SAID
CURVE,. THENCE RUN N 57'05'~3' W FOR A DISTANCE OF 181,31 FEET; THENCE
LEA~NC SAID RIGHT-OF-WAY LINE AND RUNNINC ALONG THE LINES OF GOLF
COURSE PARCEL 3 AS SHO~V ON THE PLAT OF MARCO SHORES UNIT 30 COLT
COURSE, RECORDED IN PLAT BOOK ~7 AT PACES 98 THROUCH ~03, THE
FOLLOWING SIX (6) COURSES: THENCE RUN N 32'§4'47' E FOR A DISTANCE
OF 150.00 FEET; THENCE RUN S 67'58'59' E FOR A DISTANCE OF 1.~§~ 0! FEET,'
THENCE RUN N 7J'07'05' E FOR A DISTANCE OF S82.16 FEET;
THENCE RUN N 81'11'18~ E FOR A O/STANCE OF 296.28 FEET;
THENCE RUN S 72'~3'~0" E FOR A D/STANCE OF 220.98 FEET;
THENCE RUN S 05'29'51' E FOR A DISTANCE OF 101.16 FEET,'
THENCE LEA VINC THE LINES OF SAIO COLT COURSE PARCEL J, RUN
S 81'I8'16' W FOR A DISTANCE OF 258,64 FEET TO THE BEGINNING OF A
TANOENTIAL CIRCULAR CURVE SOUTHEASTERLY, THENCE RUN
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A
RADIUS OF ~300.00 FEET, THROUGH A CENTRAL ANGLE OF
SUBTENDED BY A CHORD OF 80Z50 FEET AT A BEARING OF S 6~T'f2'38"
FOR AN ARC LENGTH OF 82L07 FEET TO THE ENO OF SAID CURVE; THENCE RUN
S 45'07'00" W FOR A DISTANCE OF ~.~5,84 FEET TO THE PO~/T
CONTAININC 15.719 ACRES, MORE OR LES~
COUNTY SURVEYOR AND MAPPER
THIS PLAT REVIEWED BY THE COUNTY SURVEYOR AND MAPPER THIS ___ DAY OF
DY~GHT £ BROCK
CLERK OF CIRCUIT COURT
IN AND FOR COLLIER COUNI
ATTEST.
FILIN
I HEREBY CERTIFY THAT THL
THAT IT COMPLIES Y~TH THE
OF THE STATE OF FLORIDA.
WAS FILED FOR RECORD AT_
2000, AND RECORDED IN PU
THROUGH ...... OF THE P
TITLE
STATE OF FLORIDA
COUNTY OF COLLIER
I, MARK J WOODWARD, A OUI
CERTIFY THAT I HAVE EXAM/iv
THE tiTLE IS VESTED IN OBFd
AS RECORDED/N OFFICIAL R[
OF THE PUBLIC RECORDS OF
TAXES HA VE BEEN PAID; ANZ
AND MORTGAGES, EXCEPT TH
TOMEN AMERICA /NO, AS REi
OFFICIAL RECORDS BOOK
AGREEMENT, RECORDED IN
AND LEASES, RECORDED IN
STATEMENT, RECORDED /N
RECORDS OF COLLIER COUNI