Sabal Bay Phase OneCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM' John R. Houldsworth, Senior Engine.~
DATE: June 20, 2002
RE:
Sabal Bay Phase One
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Sabal Bay
Commercial Phase One. 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
SABAL BAY COMMERCIAL PLAT (PHASE ONE) OUT-PARCEL DRIVEWAY
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ,-,~/'~ day of ~ 2002, by and
between the Board of County Commissioners of Collier County FIoF(da, hereinafter referred to
as "County", and Collier Land Development, Inc., hereinafter referred to as the "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 86-77 known as the
CDC Planned Unit Development, hereinafter referred to as the PUD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of SABAL
BAY COMMERCIAL PLAT (PHASE ONE), attached hereto as exhibit "A" and incorporated
herein by reference; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because maintaining construction schedule for SABAL BAY COMMERCIAL PLAT (PHASE
ONE) OUT-PARCEL DRIVEWAY improvement plans is paramount with the on-going
construction and development of the approved CDC PUD; 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 agreed by the parties hereto as follows:
ACKNOWLEDGMENT
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.
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SECTION 2
IMPROVEMENTS
Owner shall be permitted to perform the following site preparation and construction
activities subject to the conditions, limitations, and restrictions contained in Sections 3
through 7 below, as follows:
1,
Clearing of rights-of-way for road and drainage construction and clearing of
easements for utility and lake construction.
Construction of paving and drainage infrastructure within street rights-of-way and
in those areas which will serve future residential areas, to include but not limited
to subgrade, base, asphalt, storm pipe, headwalls, inlets, and sidewalks.
Construction of infrastructure to include water, sewer, irrigation mains, and sewer
pump stations.
The preliminary work detailed in this Section shall be in accordance with plans entitled
SABAL BAY COMMERCIAL PLAT (PHASE ONE) OUT-PARCEL DRIVEWAY,
WilsonMiller, Inc., Drawing File No. D-0229-61, sheet numbers 1 through 9, dated
February 2002 hereinafter collectively referred to as the "Preliminary Work". The legal
description of the boundaries of the Preliminary Work is shown on the proposed plat for
SABAL BAY COMMERCIAL PLAT (PHASE ONE), prepared by Michael H. Maxwell,
P.S.M., of WilsonMiller, Inc.
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:
SABAL BaY COMMERCIAL PLAT (PHASE ONE) OUT-PARCEL DRIVEWAY,
Final Subdivision Improvement Plans, WilsonMiller, Drawing File No: D-0229-61,
sheet numbers 1 through 9 dated February, 2002.
Plat for SABAL BAY COMMERCIAL PLAT (PHASE ONE), prepared by Michael
H. Maxwell, P.S.M., of WilsonMiller, Inc.
SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
County staff finding that the application for Preliminary Work Permits are
complete and satisfactory and are ready for scheduling to the Board of County
Commissioners for final plat approval.
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Owner submitting 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.
SECTION 4
APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat
approval once conditions (a) through (c) in Section 3 above have been satisfied. Owner
understands that no building permit will be issued for habitable structures within SABAL BAY
COMMERCIAL PLAT (PHASE ONE), until the 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 transferable.
SECTION 7
LIMITATIONS
This Agreement shall expire sixty (60) 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 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 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) through (c) 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 cannot 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
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the Land Development Code before the final plat can be submitted to the Board for
consideration.
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Signed, Sealed and Delivered
in the presence of:
Signature "- v
Sigpatur0 /
Printed or {yped name
Collier Land Development, Inc.:
Jeffrey M. Bi, y.r~Vice President
ATTEST:
,~,~,,," ..... ,,,, BOARD OF COUNTY COMMISSIONERS
.,D_~!Ei'~.ROCK, CLERK OF COLLIER COUNTY, FLOEIDA
egal sufficiency:
~vi~. W~¢g~l, Esquire ~ ~ ~. ~ ~ ~
Collier County Afforney ~ "'"
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STATE OF FLORIDA )
)
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me this 19th day of March,
2001, by Jeffrey M. Birr, Vice President of Collier Land Development, Inc., who is personally
known to me c~ ..... h~ ~,,,, .....
., as
WITNESS my hand and official seal this//'day of
.... O~'N~~' ~ NOTARY PUBLIC - STATE OF FLORIDA
[ WENDY ISHERWOOD
INlaY P~LIC ~ATE OF
' ............................. ~' Print or Type Nota~ Name
My Commission Expires:
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WilsOnMiller
New Directions/n Planning, Design & Engineering
Description of Sable Bay Commercial Site Plat
Being a part of Section 24, Township 50 South, Range 25 East,
And part of Section 19, Township 50 South, Range 26 East,
Collier County, Florida
All that part of Section 24, Township 50 South, Range 25 East, and all that part of Section 19,
Township 50 South, Range 26 East, Collier County, Florida, being more particularly described
as follows;
Commencing at the nodheast corner of said Section 24;
thence along the east line of said Section 24 South 00°14'17'' West 173.15 feet to the Point of
Beginning of the parcel herein described;
thence leaving the east line of said Section 24 along the southwest right of way line of
Tam/ami Trail (U.S. 41) South 39°04'27" East 643.93 feet;
thence leaving said right of way line South 03°07'44'' West 210.69 feet;
thence South 50°55'33" West 114.02 feet;
thence South 39°04'27" East 228.02 feet;
thence North 50°55'33" East 255.55 feet to a point on the southwest right of way line of
said Tam/ami Trail (U.S. 41 );
thence along said right of way line South 39°04'27'' East 81.00 feet;
thence leaving said right of way line South 50°55'33" West 449.00 feet;
thence southwesterly 4.39 feet along the arc of a circular curve concave to the southeast
having a radius of 8.00 feet through a central angle of 31°26'25" and being subtended by
a chord which bears South 35°12'20'' West 4.34 feet;
thence South 19°29'07'' West 4.70 feet;
thence southwesterly 28.53 feet along the arc of a circular curve concave to the
northwest having a radius of 52.00 feet through a central angle of 31°26'25" and being
subtended by a chord which bears South 35°12'20'' West 28.18 feet;
thence South 50°55'33'' West 17.08 feet;
thence westerly 11.10 feet along the arc of a circular curve concave to the north having
a radius of 20.00 feet through a central angle of 31°47'18" and being subtended by a
chord which bears South 66°49'13'' West 10.95 feet;
thence South 50°55'33" West 99.61 feet;
thence North 74°11'12" West 586.65 feet;
thence westerly 119.05 feet along the arc of a circular curve concave to the south having
a radius of 138.50 feet through a central angle of 49°15'00'' and being subtended by a
chord which bears South 81°11'21" West 115.42 feet to a point of reverse curvature;
thence westerly and northwesterly 216.74 feet along the arc of a circular curve concave
to the north having a radius of 135.50 feet through a central angle of 91°38'52'' and
being subtended by a chord which bears North 77°36'43" West 194.36 feet;
thence North 31 °47'17" West 59.53 feet;
thence northwesterly 41.47 feet along the arc of a circular curve concave to the
southwest having a radius of 38.50 feet through a central angle of 61°43'19'' and being
subtended by a chord which bears North 62°38'56" West 39.50 feet to a point reverse
curvature;
Naples Fort Myers Sarasota Bradenton Tampa Tallahassee
~o~4~o~-g~s7 ve~o~-Ke.~O0 Bailey Lane, Suite 200 Naples, F/or/da 34105-8507 941-649-4040 ~ 941-643-5716 ~
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WilsonMiller,, .... FLLic.,fLC-CO00170 CA43
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WilsPnMiller
New Directions In Planning, Design & Engineering
thence southwesterly 42.52 feet along the arc of a circular curve concave to the
northwest having a radius of 810.00 feet through a central angle of 03°00'28" and being
subtended by a chord which bears South 62°48'46'' West 42.52 feet;
thence North 25°41'00'' West 120.00 feet;
thence westerly and northwesterly 777.35 feet along the arc of a circular curve concave
to the north having a radius of 690.00 feet through a central angle of 64°32'58" and
being subtended by a chord which bears North 83°24'31'' West 736.89 feet;
thence North 51 °08'02" West 1350.48 feet;
thence northwesterly 161.72 feet along the arc of a circular curve concave to the
southwest having a radius of 840.00 feet through a central angle of 11°01'50" and being
subtended by a chord which bears North 56°38'57'' West 161.47 feet to a point on the
south right of way line of Thomasson Drive;
thence along said right of way line North 89°35'35'' East 26.43 feet;
thence continue along said right of way line North 89°42'30'' East 2587.54 feet to the
Point of Beginning of the parcel herein described;
Subject to easements and restrictions of record
Containing 61.85 acres more or less
Bearings are based on the east line of said Section 24 being South 00°14'17'' West.
By "~7~'~'Z.~:¢_..~-~ ~ ~ Date ~,- ?.- O .2..
MarcU& L. Berman, p.S.M. LS# 5086
Certificate of Authorization # LB-43
Ref. Plat
N0229-018-000- - 0
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Division of Corporations Page 1 of 2
Florida De. parlgnen t of Sta re, Division of Co rpora tions
Public .In.~ .uir..y
Florida Profit
COLLIER LAND DEVELOPMENT, INC.
PRINCIPAL ADDRESS
3003 TAMIAMI TRAIL NORTH
NAPLES FL 34103
MAILING ADDRESS
3003 TAMIAMI TRAIL NORTH
NAPLES FL 34103
Document Number FEI Number Date Filed
P99000041645 593579549 05/03/1999
State Status Effective Date
FL ACTIVE NONE
£
Registered At~ent
3003 TAMIAMI TRAIL NORTH
NAPLES FL 34103
Officer/Director Detail
Name&Address II Title
FLOOD, THOMAS
3003 TAMIAMI TRAIL N. #400 PD~
NAPLES FL 34103
BIRR, JEFFERY
3003 TAMIAMI TRAIL N. #400 ,
NAPLES FL 34103
FLORA, TERRY
3003 TAMIAMI TRAIL N. #400 VSD
NAPLES FL 34103
CORINA, ROBERT D
3003 TAMIAMI TRAIL WEST VT
NAPLES FL 341O3
.../cordet. exe?al =DETFIL&n 1 =P99000041645 &n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=&6/17/2002
.Division of Corporations Page 2 of 2
O'COMNOR, JOHN D
3003 TAMIAMI TRAIL WEST V
NAPLES FL 341O3
Annual Reports
l] Report Year~oo~~oo,~o0o , II 'I II Filed Date ' Intangible Tax ]1 o,/o~aooo o~/omoo~ 04/02/2001 ][ II II
No Events
No Name History Information
View Document Image(s)
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
.../cordet.exe?a 1 =DETFIL&n 1 =P99000041645&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2= 6/17/2002