Pelican Marsh Unit 25¢OMMUNZTY DEVELOPMENT &
ENVZRONMENTAL SERVICES DI¥ISZON
ENGINEERIN~ REVIEW SE6'TION
AAEAAORANDUAA
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer
DATE: April 28,199
RE:
Pelican Marsh Unit 25
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Pelican
Marsh Unit 25. 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
lq'~I.IC:\N ,\IARStt UNIT 25
PRI'~I.I:~,IINARY WORK AUTtIORIZATI()N
Tills AGI(I:.EMF. NT made and entered into this.4 2'd_.-.<.. dav ~I' ./-~<...~,~.c.. 199 ?. hv
and bep, vecn £hc Board of County Cmnrnissitmcrs of Collier (_Ti)univ. l:h)rida, hcrcinat'tcr
referred Io as 'County" a~d WCI Communities. l.imilcd l'arlncrship, hcrcinal'lcr rcfcrr'cd io
as thc "Oxvner".
WtlI:.P,F. AS. thc County has adopted Collier County ()rdim~ncc No. 98-I1 knm. vn as
thc l'clican Marsh t'UI) Ordinance. hereinafter referred t()as thc "I'UI)"- and
WI tF, RF, AS. Owner represents and warrants it is the rcc~)rd fcc title (l',vncr ~)t' thc lands
described in O.R. Book 1502, Pages 746 and 747 of thc public FOOt,reis of (2~llicr County.
Florida. said legal description attached hereto as Exhibit "A" and inc~)rp~ratcd herein by'
reference: and
WIIEI;,F. AS. thc South Florida Water Managcmcm l)istrict is currc-'lv rcvic;vim.: ;,.
modification for fi~c surface wmcr mana~emcnl permh for Pelican Mar~l~ l:as~. SI:\'v'MI'~
Permit N~i. 11-01566-P: and
WIIEREAS. Owner represents that thc Preliminary ',,V~rk ,,\erin,ri×arista is t;ccdcd
because ill order t~) o)IIIlllCHCe c~)nslrucli~m at thc earliest p(;ssit)lc lilllC duc I~) cc~m~,mic and
developmental time constraints: and
WI{F.P,I:.AS. (),,,,'ncr ackno:vlcd~es Ihat all rcqulrcmcms ~I' (Jollier County's C-rowth
,Managemcn~ Phm and Adequalc Public l:acililics Ordinance. N(~. 93-~2. will l~)c nlc~ prh~r ~(,
approval of a final ..,ubdivision plat. or final si~c dcveh,pmem phm (,r huildin~ p~rm~I. ;,s
appropriale: and
WtlEP, EAS. Section 3.2.7.3.6 ()I' thc lsmd I)cvchlpmcm C~)dc c~,tablishcs a retch;raisin
processing and issuing a l'rcliminary Work Authorizatitm.
NOW TI II-TRI:,FOI;,E. in consideration of thc premises, thc mutual undertakings of Iht
panics, and oflmr ~od and valuable consideration, it is agrccd by thc par~ics hereto as
fi)llows:
SECTION I - ACKNOWI.EI)GEMF. NT
Thc forcg(ling recitals arc true and correct and arc inc()rj')oratcd herein bv reference.
Further. it is jointly acknowledged that tl~c o:ecuti~m ~,1' this Agreement docs n(tt constitute a
Development Order or any ()ti~cr final approval by C(~llicr C(:l. ll'~l.v.
Pelican Marsh Unit 25
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, casements and construction areas.
2)
l:2rth work tk'cc¢qan'~. . lbr thc installation of water and sc~vcr tines, water
management swales and roadbed prcparatitm.
3) Installation of the project's required improvements.
The preliminary work detailed in this Section shall bc in actor&moo with plans entitled
Pelican Marsh Unit 2.5 consisting of 7 sheets, prepared by Q. Gradv Minor & Associates.
P.A., dated February. 1999. hereinafter referred ti)as the "Thc I'r~limin::..' Work". Thc legal
description of thc boundaries of thc Preliminary Work is shown on thc t'inai plat for Pelican
Marsh Unit 25 consisting of 3 sheets prepared gy Q. Grady Minor & Associates. P.A..
B. Prior to any work being undertaken. (),,,,'ncr shall submit ti) thc C{mntv. complete permit
packages and applicable review and inspection t'ces fi)r the necessary permits for thc
Preliminary Work (thc "I)rcliminary Work Permits"). These applicati{)ns arc ;ts
1)
Construction plans for Pelican Marsh Unit 25 consisting of 7 sheets, prepared
Q. Grady Minor & Associates. P.A..
2)
Final plat fi)r f'clican Marsh Unit 25 consisting of 3 sheets prepared by Q.
Grad), Minor & Associates, P.A..
SECTION 3 - I'F. RMITS RIiQUIRi-:I)
Issuance of the l'rcliminarv Work permits shall hc conditioned upon thc l'ollowin,~,-
a. County staff llnding that thc applications lk)r Preliminary. Work l'crmits arc complete
and satisfactory and are ready for scheduling to thc Board of County Commissioners for final
plat approval.
b. Owner submitting to lilt County a copy of file early work permit or permit modification
from the South Florida Water Management district for ;ill matters included in ti~e .jurisdiction
of the South Florida Water Management District. which conft)rms with thc I'rcliminary Wt~rk
Release plans submitted to thc Count)'.
Pelican Marsh Unit 25
Preliminar],., Work Authorizalion
Page 3 of 4
SECTION 4 - APPROVAl.
County will issue thc Preliminary Work Permits to permit thc f~rclhninary Work prior
to plat approval once conditions A and ~ in Section 3 above have been satisfied. Owner
underslands and acknowledges that no building permit will be issued for habitable structures
within Pelican Marsh Unit 25 until thc I'clican Marsh tlnit 25 pi:il is appr~wcd and recorded.
SECTION 5 - INI)EMNIFICATION
()'.,,'ncr agrees t~ indcnmil~, and hold County barn]less a~ainsl any and all liability, loss.
damage or expense from claims or causes of action includin~ attorneys l~cs and court costs.
resulting from. a~ising out of, and in connection with Owner's neuli~encc and/or willful
misconduct in Iht constmclion of file Prelnnmarv Work under the l'rel~m~nary Work Permits
or any challenge by any person or party ~)bjccting t{) the Icm~litv or validity ()f lhis A,,rccmcn~.
SECTION 6 - RIiSTRICTIONS
This Agreement shall be binding upm~ the parties and is not Iran,sfcrrahlu.
SECTION 7 - I-IMITA'I'IONS
This Agreement shall expire thirty (30) days from the date of :he issuance of the
Preliminary Work Permits if lhe project's final plat is not submitted ~,) the Board of County
Commissioners fi)r approval pursuant m Division 3.2 of the l.and l)cvclopmcnt Code. unless
the Owner Js delayed in having his final plat reviewed by the Board duc to the fimlt of thc
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 tiffs Agreement prior ti) satislS, ing thc 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 ~)e approved upon submission to the Board of
County Commissioners. The Owner is required ti) comply with all of the provisions and
procedures of the l.and Development Code before the final plat can be sub~nitted to the Board
for consideration.
Tiburon--Unit 25
Preliminary Work Authorization
Page 4 of 4
IN WITNESS~WIt~REOF. the parties have executed this Agreement the day first
Wm~ AlfrcWI'. I)oughertt, Vice
WCI Communities, Limited ~artncrship.
~t~ a Florida IAmitcd Partnership
Printed Name
Witness
Printed Name
ATTF. ST:
Dwight E. Bro~k. CIJ£RK
API~roved as to form and legal
sufficiency:
11." S'FATEOF Vcc£'
COUNTY OF t.- d--c:
BOARD OF COUNTY COMMISSIONERS
OF COLI.IER COUNTY, FI.ORIDA
Lo Cha 'Ir'mm ' it
,'., ,'I 1;,.
The foregoing instrument was acknowledged before mc this [&, --"day of /~C~l&d/t,~7'
1998, by Alfred F'. Dougherty, Vice President. WCI Communities, Limited Partnership, a-
Florida limited partnership, on behalf of the partnership. Itc is personally knov,'n to mc and
did not take an oath.
01350S ~
COLLIER COUNTY
~'~ o~ Ls m~tzJoct to ~ for the y~ar 1990 ~u~ ~11
and ea~c~t~ of z'~coz~, o
o0150Z
OR 80C' PAOE
All Section 36, Tovnib~p 4~ South. Range 2S ~ast, Less the Vest
lO0 [est (b! deed recorded Ln O.R. Book Ill, Page 786) and the
So,th ISO feet (by deed recorded in O.l. ~ook iTS. Page JJS and
L~ss parcel described Xn d?ed recorded In 0.2. ~oot 1J25. Page
IS90}, Collier County. florida.
?ARCCL 2: The East I/2 o! the Cast 1/2 o! Section 25. Tovnship 48 South.
Range 25 Cast. less the North I00 ~eet. Collier CountS. Florida.
Couence at the ~orthvest corner of ~ection 36. Township 48 South. ~an0e
~ast, Co~Jtr County, florida; thence run S O0 degrees ]0'~" u. a]on~ the
~est ]Jne of the gorth~est ~/4 of sa~d Section
23[~.67 ~eet: thence run Z I~ degrees 4t'4~" g for
~eet to t~e PoJn~ of ~tgJnnJn9 o~ tbs Parce~ of ~and betezc described;
thence run ~ I~ degrees 20'00= E ~or a distance o~ {0Z2.JJ ~e~t; thence
run ~ O0 degrees Ol'dl' ~ for a distance or 132 Il
~egreel 20'35' ff for ~ d~-~ ..... · ~, .... · ncc run S g9
, ----=~- ~ ~t./z zeeS: thence run S 03 degrees
~7 18" ~ for a d~st~nce of 44.57 feet: thence run S ~7 degrees 22'55" g for
· ~'~nce of 2~5.12 feet~ thence run W 00 degrees SI'0S" ~ fcra dis~ance
of '-~.6~ feet to the Point of Beginning.
Couence 4t tbs fforthesst corner of Sectio~ 2S, Tovnship 48 South, Range 2S
Fait, C~llisr County, Florida: thence run S I~ degrees 56'32" V, a~ong the
Worth line of the Iortheast 1/( o! said Section 2S, for a distance o~
1325.27 feet to the lorthvest corner of the Fast 1/2 o! the ~ast 1/2
laid Section 25~ thence run S 0l degrees 15'21" E, along the ~est line of
the Fast 1/2 o! the East 1/2 of said Section 25, for a distance of 1278.2~
feet: thence run ~ Il degrees 44'J~" E for a distance of 152.68 feet to tbs
~oint of Beginning of the ~arcel of t, aad herein described: thence run R aS
degrees ~2'29" ~ for a diataa:t o! II7.1~ feet; thence run $ 78 degrees
0S'21" E for a distance of 77.1] feet; thence run ~ Cj degrees 07'12" E for
· distance of 17~.1~ feet; thence run ~ 2] degrees 0~'SB" g for s distance
o~ I~.?? ~eet: thence t'un f 72 degrees 44'0~" ~ for a distance of 196.91
feet; thence run ~ l] degTees 0~'4S' I for · distance of 241.29 feet:
thence run R 19 degrees 0~'40" I for i distance of S5.17 feet to the Point
of I~i~tn~.