Greenwood VillasRECEIVED
DEf..', ~ ¢ 1995
COMMUNITY DEVELOPMENT & ENVIRONMENTAL
ENGINEERING REVIEW SECTION
MEMORANDUM
TO:
FROM:
DATE:
RE:
Sue Filson, Administrative Assistant
John R. Houldsworth, Senior Engineer
December ),0', 1998
Greenwood Villas
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for ~. This document has
been reviewed by Engineering Review and the County Attorney's Office. Collier County Resolution
No. 93-I47 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.
irk
CC:
Project File
Reading File
VILLAS AT GREENWOOD LAKE
I'RELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this/2.~2~ day oF~..~~
~. 1998, by and between Ibc Board of County Commissioners of' Collier Courlty. Florida.
hereinalker refe~ed to as "County", and A.I~.M. I)evelopment Corp. ol'Naplcs, Inc.. a Florida
co~oration, hcreinalier rclkrrcd to as thc "Owner".
t*,ECITAI,S:
WltEREAS, thc County, has adopted Collier County Ordinance No. P.[ I.I). (;8-_~7" known
as thc Windsong Planned Unit I)evclopment Ordinance. hereinafter referred to zts thc PUD; and
WHEREAS. Owner represents and warrants it is the record fee title owner oi' the 1antis
described in Villas at (irccnwood I,akc, said legal description attached hereto as l-~xhibit "A" and
incorporated herein by rc/'crcncc: and
\VHEREAS, Owner represents that thc Preliminary Work Authori:/~ation is needed
because maintaining construction schedule f'or Villas at Greenwood Lake improvcnacnt plans is
paramount v,'ith thc on-going construction and development of' the approved Windsong PUD:
and
WHEREAS, Owner represents and wan'ants that no construction shall occur in
environmentally sensitive areas unless thc necessary permits and approvals For the construction
have been obtained by thc Owner; and
WttEREAS, Owner acknowledges that all requirements oFCollicr County's
Management Plan and Adequate Public Facilities Ordinance, No. 93-82, will bc met prior to
approval ora l]nal subdivision plat. or t%~al site development plan or building permit, as
appropriate: and
WHEREAS, Section 3.2.7.3.6 of thc I,and Development Code establishes a mechanism.
for processing and issuing a Preliminary Work Authorization.
NOW TItEREFORE. 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 tbllows:
SECTION 1 - ACKNOWLEDGEMENT
The foregoing recitals arc true and correct and are incorporated herein ti',, reference. Further, it is
jointly acknowledged that thc execution of this Agreement does not constitute a Development
Order or any other final approval by Collier County.
SECTION 2 - IMPROVEMENTS
Owner shall be permitted to perform site preparation and construction activities subject Io
the conditions, limitations and restrictions contained in Sections 3 through 7 below, as
lbllows:
Clearing of rights-of-way tbr road and drainage construction, clearing of lake and
residential lots for excavation and stockpiling, and clearing of casements
utility construction.
Construction of paving and drainage int?astructurc within street rights-ot'-way and
in those areas which ,,','ill serve future residential areas, to include but not limited
to subgradc, base asphalt, storm pipe. headwalls inlets, and sidewalks.
Construction of utilities and infrastructure to include water, sewer, irrigation
mains, and sewer pump station.
The preliminary work detailed in this Section shall be in accordance with plans entitled Villas at
Greenwood Lake, consisting of 14 sheets, prepared by Agnoli, Barber & Brundagc. Inc.. dated
October 1. 1998. hereinafter referred to as the "Thc Preliminary Work". Thc legal description of
the boundaries of thc Preliminary Work is shown on the subdivision plat lbr Villas at Greenwood
Lake consisting of 5 sheets prepared by. Guy P. Adams. P.S.M.. of Agnoli, Barber & Brundage.
Inc.
Prior to any work being undertaken, owners 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 arc as tbllows:
Villas at Greenwood Lake construction plans, Agnoli, Barber & Brundage, Inc.,
Project Number 7653, File No. 6862, sheet numbers 1 through 14, dated October
I, 1998.
Final subdivision plat lbr Villas at Greenwood Lake, prepared by Guy P. Adams,
P.S.M., of Agnoli, Barber and Brundage, Inc., sheet numbers I - 5.
SECTION 3 -PERMITS P,I~Q[,IIREI)
Issuance of the Preliminary Work pcrmits shall be conditioned upon thc tbllowing:
Count.',,' staff finding that the applications tbr Preliminary Work Permits are complete
and satisfactory and are ready tbr scheduling to the Board of County Commissioners
tbr final plat approval.
()wncrs submitting to the ('ountv a cop5' of the early work permit or actual permit
t?om the South Florida Water Management District tbr all matters included in thc
jurisdiction of the South Florida Water Management District, which cm~tbrms with
the Preliminary Work Release plans submitted to the County'.
SECTION 4 - APPROVAI,S
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat
approval {)ncc conditions (a) through (b) in Section 3 above have been satisfied.
Owner understands that no building permit will be issued for habitable structures within Villas at
Greenwood l,ake until tile plat is approved and recorded.
SECTION 5 - INDEMNIFICATION
Owner agrees to indemnil>' 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 thc
construction of the Preliminary Work under the Preliminary Work Permits or any challenge by
an)' person or party' objecting to tile legality or validity of this Agrccmcnt.
SECTION 6 - RESTRICTIONS
This Agreement shall bc binding upon thc parties and is not transferable.
SECTION 7 - LIMITATIONS
This Agreement shall expire thirty (30) days from thc date of thc issuance of thc Preliminary
Work Pcrnfits if the project's tina[ plat is not submitted to the Board of County Commissioner's
for approval pursuant to Division 3.2 of the Land Development Code. unless the Owner is
delayed in having his final plat reviewed by thc Board due to the fault of thc County. All work
approved by this Agrecmcra 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 ti'tis Agreement prior to satisl3'ing the conditions (a) through (b) in Section 3 of
this Agreement. Any attempt to commence v,'ork prior to issuance of requisite permits shall
render all provisions of this Agreement null and void.
P,y entering into this Agreement thc County docs not guarantee and thc ()wncr cannot rely upon
the fact that thc project's final plat will be approved upon submission to thc Board of Countv
Commissioners. The Owner is required to comply with all of the provisions and procedures of
the Land Development Code before the plat can be submitted to the Board for consideration.
4
IN WITNESS WItEREOF. thc parties have executed this Agreement thc day first above
written.
Witness
Printcd Name
WimeSs
Printed Name
A'I'TI:~ST:
.; " OCK, CEIiP, K
~ttest a~ to Chatrl~,l/l'$
A3~t~c~ra~ tgq~ and legal sufficiency:
Owner
A.R.M. Development Corp. of Naples. Inc..
a Florida corporation
,,
Ovadia R. [5lias, President
BOARD OF COtJNTY COMMISSIONt:,I~.S
OF COLI,IF~R. COUNTY. FI,ORIDA
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF COLLIER
Thc lbregoing Agreement was acknowledged before mc by Ovadia R. Elias. President of
A.R.M. Development Corp. of Naplcs, Inc., a Florida corporation, who is personally known to
Ille.
WITNESS my hand and official seal this 12 r~ day of N'cver','xl~cr' . 1998.
(affix notarial seal)
I 0-139jS.doc
N'6{'ary Public
Printed Name com,r~o,.3 gct'x}3r--,°--
My Commission l'~xpires: dC '7323q-lg
DESCRIPTION OF LA,VD PLATTED
ALL THAT PART OF SECTION 17, TOWNSHIP 50 SOUTF~, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOL L 0 WS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17, THENCE
NORTH 0'65'20" WEST ALONG THE WESTERLY LINE OF SAID SECTION A
DISTANCE OF 75.02 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF
.~ATTLESNAKE HAMMOCK ROAD AND THE POINT OF BEGINNING.
THENCE CONTINUE NOR TH 0'65 '20" WEST ALONG SAID WESTERLY LINE
1265.7.3 FEET TO A SOUTHERLY LINE OF RIVIERA COI..ONY COI_F ESTATES
(P.B. 10, PO ~04-~08);
THENCE SOUTH 89'20'08" EAST ALONG SAID SOUTHERLY LINE A
DISTANCE OF ~244.90 FEET TO THE WESTERLY RIGHT-OF-W~,Y LINE OF
COUNTY BARN ROAD;
THENCE SOUTH 0'38'.53" EAST ALONG SAID WESTERLY LINE ..~ DISTANCE
OF 816..37 FEET;
THENCE LEAVING SAiD WESTERLY R~GHT-OF-WAY LINE SOUTH 89'21'07"
','/EST A DISTANCE OF 241..5I FEET:
THENCE SOUTH 0'27'28" WEST A DISTANCE OF 440.00 FEET TQ THE
NORTHERLY RIGHT-OF-WAY LINE OF RATTLESNAKE HAMMOCK ROAD:
THENCE NORTH 89'..32'32" WEST ALONG SAID NORTHERLY LINE A
DISTANCE OF 988.70 FEET TO THE POINT OF BEGINNING:
CONTAINING 3J.512 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
EXHIBIT "A"