S.E. Immokalee RevitalizationCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: ,~E,~e~~;Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer
DATE: March 13, 2003
RE:
SE Immokalee Revitalization
Preliminary ~ork Authorizatic)n
Attached please find a Preliminary Work Authorization for SE
Immokalee Revitalization. This document has been reviewed by
Engineering Review and the County Attorney's Office. Collier County
Resol.ution No. 93-147 provides for the administrative approval of
'~,, ~ ' ~ ' · ~i' ·
p're't~m~nary 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 IL{q-~ day of ~ , 2003, by and
between the Board of County Commissioners of Collier County, Florida hereinafter referred to as
"County", and Collier County Housing Authority and Eagle Ridge Subdivision, LLC, hereinafter
referred to as "owner".
RECITALS:
WHEREAS, owner represents and warrants it is the record fee title owner of the lands described as
S.E. Immokalee Revitalization, 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
ma ntainin.q the construction schedule for S.E. Immokalee improvement plans is critical to the on-
going construction and development of the approved dormitory facility (SDP#2001-1711); 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 Collier County Land Development Code Section 3.15.7.3.1.1 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. Clearing and Grubbing within rights-of-way and utility, drainage and rT, aintenance
easements.
2. Construction of paving and drainage infrastructure within rights-of-way and in those areas
which will serve future residential areas, to include but not limited to subgrade, base,
asphalt, curbing, storm pipe, headwalls, inlets, and sidewalks.
3. Construction of infrastructure to include water and sewer mains.
3/3¢2003-113548 Vet: 02t- JBROWN
04012-001-000- - 0
The preliminary work detailed in this Section shall be in accordance with plans entitled S.E.
Immokalee Revitalization consisting of 1._~2 sheets, prepared by WilsonMiller, lnc., dated
hereinafter referred to as "The Preliminary Work". The legal description of the
boundaries of the Preliminary Work is shown on the preliminary plat for S.E. Immokalee consisting
of 2 sheets prepared by WilsonMiller, Inc.
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 ("Preliminary Work Permits"). These applications are as follows:
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.
SECTION 4 - APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval
once the condition in Section 3 above has been satisfied. Owner understands and acknowledges
that no building permit will be issued for habitable structures within S.E. Immokalee Revitalization
until the S.E. Immokalee 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./4/2(~03-113548 Vet: 01!- JBROWN
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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 condition 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.
Witness
Printed Name
Printed Name
"~¢r~eralda Serrata, ~xecutive Director
Collier County HouCng Authority
Eric C. Miller, Principal
National Development of America, LLC, Member
Eagle Ridge Subdivision, LLC
Witness
Pnnted.~r,, ue ...... ~:
.............. .... ~., -...
Assistant County Attorney
2J4/2003~ 113548 Vet: 01!- JBROWN
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04012-001-000- - 0
Board of Cojcnty Comr~issioners
of Coll~unty,~/da _ .
- t./ v Chairman
3qq-o3
THE FOREGOING INSTRUMENT was acknowledged before me this /~day of February, 2003,
by Esmeralda Serrata, Executive Director of Collier County Housing Authority who is personally_
known t..o_me or who has produced , as identification.
WITNESS my hand and official seal this /~day of ~-"'~' ~i'~(-,.( Z~?¢
NOTARY~~S~'CE
OF FLORIDA
Print or Type Notary Name
My Commission Expires: ¢' --~, - O"~
THE FOREGOING INSTRUMENT was acknowledged before me this~-',~"~day of February, 2003,
by Eric C. Miller, Principal of National Development of America, LLC, which is a member of Eagle
Ridge Subdivision, LLC who is p__~erson~n to me or who has produced
, as identification.
WITNESS my hand and official seal this~/'day of ,~..~,;~'M,,~/'Z~ ? '~
i :'~': ' O~e~F.
~1 ~,:?>'~':..i~ My COMMISSION # CC 974851
~ ~':~ EXPIRES: December 26, 2004
Bonded ThnJ Notary Public Unde~rtters
N UB - STATE OF FLORIDA
Print or Type Notary Name
My Commission Expires:
2/412003- 113548 Ver: 01 !- JBROWN
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MM 0 KALE E
. ND 15 THROUGH 17 OF BLOCK
) IN PLAT BOOK 1, AT PAGE 98
THE SOUTHWEST 1/4 OF SECTI01
ST, COLLIER COUNTY, FLORIDA
___,2003,
A SPECIAL
S, ON
IE OR HAS
Description
A portion of the southwest 1/4 of Section 3, Township 47 South,
Range 29 East, Collier County, Florida together with lots 1 through
4 and lots 15 through 17, Block 1 of the Main Line Subdivision os
recorded in Plot Book 1 at Page 98 of the Public Records of Collier
County, Florida.
COMMENCING at the southwest corner of Section 3, Township 47
South, Range 29 East, Collier County, Florida, run
North 87'55'33" East, along the south line of said Section 3, and
the centerline of Eustis Avenue for 40.00 feet; Thence
North 01'13'42" West for 30.00 feet to the POINT OF BEGINNING;
Thence continue North 01'13'42" West along the easterly
right-of-way line of C.R. 846 Immokalee Road (First Street) for
110.95 feet; Thence North 14'57'36" East along the easterly line of
Block 2 of said Main Line Subdivision for 543.54 feet; Thence North
88'13'08" East for 26.82 feet; Thence run North 14'57'36" East for
141.48 feet; Thence South 88'13'08" West for 26.82 feet;
Thence North 14'57'36" East for 62.66 feet to the southeasterly
corner of Block 1 of said Main Line Subdivision; Thence
South 88'13'08" West along the northerly right-of-way line of East
Delaware Avenue ("D" Ave) for 97.73 feet to the southwesterly
corner of lot 15 Block 1 of said Main Line Subdivision; Thence North
01'11'55" West along the westerly boundary of lots 15 and 4 of
Block 1 of said Main Line Subdivision for a distance of 438.13 feet
to the northwesterly corner of Lot 4, Block 1 of Main Line
Subdivision; Thence North 88'13'08" East along the northerly
boundary of Block 1 for 125.85 feet to the centerline of Railroad
Street abandoned by resolution as recorded in Official Records Bcok
214 Pages 24 and 25 of the Public Records of Collier County,
Florida; Thence North 14'57'36" East along said centerline of
abandoned Railroad Street for 611.29 feet; Thence North 88'12'2!"
East for 8'77.29 feet to the east line of the Northwest 1/4 of the
Southwest 1/4 of said Section 3; Thence South 01'03'20" East
along the east line of the Northwest 1/4 of the Southwest 1/4 of
said Section 3 for 555.58 feet to the northerly right-of-way line of
Rose Avenue; Thence South 88'16'53" West along the northerly
right-of-way line of Rose Avenue for 802.08 feet; Thence South 14
'57'36" West for 1352.77 feet to the northerly right-of-way line of
East Eustis Avenue; Thence South 87'55'33" West along the
northerly right-of-way line of East Eustis Street for 103.61 feet to
the POINT OF BEGINNING.
Containing 17.801 Acres more or less.