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Classics Plantation Estates #2COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Enginee~:~ DATE: August 7, 2002 RE: Classics Plantation Estates, Phase Two Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Classics Plantation Estates, Phase Two. 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 PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this ~ day of ~, 2002, by and between the Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and Lely Development Corporation, hereinafter referred to as "owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 92-15 known as the Lely, A Resort Community PUD Ordinance, hereinafter referred to as the Lely Resort; and WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in Classics Plantation Estates Phase Two, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because maintaining the construction schedule for Classics Plantation Estates Phase Two is paramount with the on-going construction and development with Classics Plantation Estates; and WHEREAS, Owner represents and warrants that no construction shall occur in environmentally sensitive area 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 a 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. 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. Earthwork activities for the lake addition; 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. 3. Construction of infrastructure to include water, sewer, and irrigation mains. The preliminary work detailed in this Section shall be in accordance with plans entitled Subdivision Improvement Plans for Classics Plantation Estates Phase Two consisting of 24 sheets, prepared by Waldrop Engineering, P.A., dated 6/10/02 hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the preliminary Work is shown on the preliminary plat for Classics Plantation Estates Phase Two consisting of 5 sheets prepared by Rhodes & Rhodes Land Surveying, 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 ("Preliminary Work Permits"). These applications are as follows: 1. Classics Plantation Estates Phase Two Final Subdivision Improvement Plans, prepared by Waldrop Engineering, P.A., sheet numbers 1 through 24, dated 6/10/02. 2. Classics Plantation Estates Phase Two Final Plat prepared by Rhodes & Rhodes Land Surveying, Inc., sheet numbers 1 through 5. SECTION 3 - PERMITS REQUIRED Issuance of the Preliminary Work permits shall be conditioned upon the following: ao 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. bo Owner submitting to the County a copy of the early work 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 (List conditions by Letter) in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit for habitable structures within the Classics Plantation Estates Phase Two until the Classics Plantation Estates Phase Two 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 attorney's 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. (2) 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 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 (Reference applicable Conditions by Letter) 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 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. IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. .%~itness Printed Name 'Witness %.; ......... -[4Y: ~,%,, 4. ~.a~.~ .r~l~ature ~ 1~. ',~, .,,~,. A~~to.fp~ ,~d legal - Parick G. White Assistant County Attorney Lely Development ~.. ration Board of County Commissioners of Coll~ ~- - :-/2ha[r~tah (3) EXHIBIT RHODES & RHODES LAND SURVEYING, JOHN SCOTT RHODES, P.S.M. THOMAS E. RHODES, P.S.M. 1440 RAIL HEAD BLVD. #1 NAPLES, FLORIDA 34110 PHONE (941) 593-0570 FAX (941) 593-0581 INC. PROPERTY DESCRIPTION FOR CLASSICS PLANTATION PHASE TWO A PORTION OF SECTIONS 22 & 27, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE WESTERLY MOST CORNER OF LOT 20, CLASSICS PLANTATION ESTATES, PHASE ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37 AT PAGES 87 THROUGH 90 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 31 °l 5'00" WEST, 135.03 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, 9739 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 62.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00'' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 76015'00'. WEST, 87.68 FEET TO A POINT OF TANGENCY; THENCE SOUTH 58045'00'' WEST, 74.08 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, 156.15 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 510.00 FEET, THROUGH A CENTRAL ANGLE OF 17032'33'. AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 49058'44'. WEST, 155.54 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHWESTERLY, 59.08 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 33051'02.' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 24°16'57" WEST, 58.22 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 391.14 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 195.00 FEET, THROUGH A CENTRAL ANGLE OF 114°55'31" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 64°49'11" WEST, 328.79 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE SOUTHWESTERLY, 312.17 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 203.57 FEET, THROUGH A CENTRAL ANGLE OF 87°51'37'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 61°25'35" WEST, 282.47 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE WESTERLY, 465.39 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 185.00 FEET, THROUGH A CENTRAL ANGLE OF 144°08'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 84°32'20" WEST, 352.03 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY, 26.57 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 15°13'22" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 31°00'19" WEST, 26.49 FEET TO A POINT OF TANGENCY; THENCE NORTH 3803700" WEST, 81.79 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY, 268.10 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 727.00 FEET, THROUGH A CENTRAL ANGLE OF 21°0T45" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 28003'08" WEST, 266.58 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY, 77.31 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 55.00 FEET, THROUGH A CENTRAL ANGLE OF 80°32'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 57045'22" WEST, 71.I0 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY, 595.54 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 175.00 FEET, THROUGH A CENTRAL ANGLE OF 194058'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 00°32'00" WEST, 347.01 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY, 77.31 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 55.00 FEET, THROUGH A CENTRAL ANGLE OF 80°32'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 56°41'22" EAST, 71.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY, 182.03 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 727.00 FEET, THROUGH A CENTRAL ANGLE OF 14020'45" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23035'38" EAST, 181.55 FEET TO A POINT OF TANGENCY; THENCE NORTH 30046'00" EAST, 85.36 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, 156.46 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 93.74 FEET, THROUGH A CENTRAL ANGLE OF 95038'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 17°03'00" WEST, 138.92 FEET TO THE END OF SAID C.URVE; THENCE NORTH 25008'00" EAST, 115.13 FEET; THENCE NORTH i 1°04'42.. EAST, 50.08 FEET; THENCE NO~TH RHODES & RHODES LAND SURVEYING, JOHN SCOTT RHODES,P.S.M. THOMAS E. RHODES, P.S.M. 1440 RAIL HEAD BLVD. #1 NAPLES, FLORIDA 34110 PHONE (941) 593-0570 FAX (941) 593-0581 INC. PROPERTY DESCRIPTION FOR CLASSICS PLANTATION PHASE TWO (CONTINUED) 05033'51" EAST, 24.04 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE NORTHEASTERLY, 133.53 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 6,185.00 FEET, THROUGH A CENTRAL ANGLE OF 01°14'i3'' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 24002'20'' EAST, 133.52 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE EASTERLY, 66.32 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 680.00 FEET, THROUGH A CENTRAL ANGLE OF 05°35'18'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°12'21" EAST, 66.30 FEET TO A POINT OF TANGENCY; THENCE SOUTH 86°00'00'' EAST, 484.81 FEET; THENCE NORTH 15°51'00'' EAST, 485.30 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 355.65 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 550.00 FEET, THROUGH A CENTRAL ANGLE OF 37003'00'' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 34o22'30'' EAST, 349.49 FEET TO A POINT OF TANGENCY; THENCE NORTH 52°54'00'' EAST, 311.02 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY, 641.06 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 204°03'22'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 25°04'19'' EAST, 352.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 20.97 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAV1NG A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 24001'58'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 64056'23'' WEST, 20.82 FEET TO A POINT OF TANGENCY; THENCE SOUTH 52o55'24'' WEST, 58.38 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE SOUTHERLY, 54.54 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 62o29'56'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 21039'02'' WEST, 51.88 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 236.65 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 75019'37'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 28003'52'' WEST, 219.97 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 106.93 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAV1NG A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 122031'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 04027'46'' WEST, 87.69 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 370.75 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 118000'44'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°12'13'' WEST, 308.60 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 100.76 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 115027'29'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 03028'50'' WEST, 84.55 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE SOUTHEASTERLY, 285.04 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 710.00 FEET, THROUGH A CENTRAL ANGLE OF 23°00'07'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 42o45'03'' EAST, 283.13 FEET TO A POINT OF TANGENCY; THENCE SOUTH 31°15'00'' EAST, 555.79 FEET; THENCE SOUTH 58045'00" WEST, 190.00 FEET; THENCE SOUTH 31015'00'' EAST, 12.03 FEET; THENCE SOUTH 58°45'00'' WEST, 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 52.76 ACRES, MORE OR LESS. ,~-IN SCOTT RHODES, PSM #5739 July 31, 2002 2 ~Division of Corporations Page 1 of 2 Florida Department of S ta re, Division of Co rpora tion s Foreign Profit LELY DEVELOPMENT CORPORATION PRINCIPAL ADDRESS 8825 TAMIAMI TRAIL EAST NAPLES FL 33962 Changed 02/21/1986 MAILING ADDRESS 8825 TAMIAMI TRAIL EAST NAPLES FL 33962 Changed 02/21/1986 Document Number 820037 State Last Event NAME CHANGE AMENDMENT FEI Number 591148037 Status ACTIVE Event Date Filed 04/22/1986 Date Filed 11/04/1966 Effective Date NONE Event Effective Date NONE Registered Agent Name & Address DE LANGE, LUKE 8825 TAMIAMI TRAIL EAST NAPLES FL 34113 Nam~ Chansed: 04/12/2000 Addreaa Changed: 04/12/2000 Officer/Director Detail .../cordet.exe?al =DETFIL&nl =82003 7&n2=NAMFWD&n3=0001 &n4=N&r 1 =&r2=&r3=&r4=8/7/2002 ~Division of Corporations Page 2 of 2 VAN DER LELY, HAROLD BUTZENWEG 20 D ZUG, SWITZERLAND RYAN, JOSEPH 8825 TAMIAMI TRAIL E p NAPLES FL 34113 VAN DER LELY RONALD BUTZENWEG 20 DST ZUG SW / View Events View Name History View Document Image(s) THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .../cordet.exe?al =DETFiL&nl =820037&n2=NAMFWD&n3=0001 &n4=N&r 1 =&r2=&r3 =&r4 8/7/2002