Charlee EstatesCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer~.~,~l
DATE: May 21, 2003
RE:
Charlee Estates
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Charlee
Estates. 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 20 day or )4//A-7 , ~ by and
between the Board of County Commissioners of Collier County, Florida hereinafter referred to as
"County", and Iq~r~ t ?~t F-/~'/,~. i-h/~c/u i Tx~ oF , hereinafter referred to as "owner".
C'occ/,-T.... Oou,v
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. known as the
~A-/~i'7'-&T'/-~O4CE Ordinance, hereinafter referred to as the
WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in
0/d-/~.L~E ~z--oT?,~7"~g , said legal description attached hereto as Exhibit "A" and incorporated
herein by reference; and
WHEREAS, the South Florida Water Management District is currently reviewing an application for
a surface water management permit for SFWMD Application No. ;
and /~/' 17"'-/5-s&E'~ .5',~w/,/Z) _~T'~,,P ~ //.- O Z//~-'- ~
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because /-'/,41¢/7-/¢r7'- ,t~t//£/_..)$ [..dYe /~,,('O/'"f£ /4'¢b',S//v C~ ~/)
; 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 tree 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 activi, ties subject to the
conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows:
(Provide detailed documentation as to the requested activities to occur, required improvements to be
constructed, ancillary structures to be permitted, and any other facilities to be considered for the
permitting under this Preliminary Work Authorization)
The preliminary work detailed in this Section shall be in accordance with plans entitled ~5't/~
(~0 ~/.STP-4/CT'~oA) ]>64'W-q consisting of ff-O sheets, prepared by ~OPl7~O~ ~-t~C~
[hdea~ed ./v~/ 200 3 her. ei.nat~er referre, d to as "The Preliminary Work". The legal descrintion of
oounclartes of the prehm~nary Work is shown on the preliminary plat for C 14~rl~
consisting of ~ sheets prepared by ~3-otOv3OtO
Bo
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
( rehmlnary Work Permits"). These applications are as follows:
(List of applications consistent with the requirements of Sections 3.2.8 and 3.2.9 of the Land
Development Code)
.SECTION 3 - PERMITS REQUIRED
ao
Issuance of the Preliminary Work permits shall be conditioned upon the following:
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.
Owner submitting to the County acopy 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.
(List additional permits necessary from the County and any applicable State and/or Federal
Agencies necessary to commence construction of the improvements requested for Preliminary Work
Authorization)
..SECTION 4 o APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat
approval once conditions /t~ ~~ t5 /:~ in Section 3 above have been satisfied. Owner
understands and acknowledges that no building permit for habitable structures within the t2t4Afl_~ff~,2~'' ., until the ('kiagt~'(' ~'~F~r~r~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.
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 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
I. and Development Code before the final plat can be submitted to the Board for consideration.
IN WITNESS WHEREOF, the parties have executed this Agreement.,~e ~[ay~i. rst above written.
,_~.._..-~'~-/~, ~/_.)~-;~-t/::~'7 Printed name and Title
~ Pri)af~. Name
Printed Name
A,- .... ,- ..
. .:'.x .' ' ". * ~.a
~ght'-E..Brock~ L-'lerk
and l~gal
Assis~nt Coun~ A~omey
EXPIRES: March 4, 2004 II
Board o.f Cg~aty Co .m~issioners
7z. t Chairmi-n
DESCRIPTION:
LINE OF STATE k~93L{~ qOUNTY, FLORIDA, ~ T ,i2: TO~?SHIP 51 SOUTH,
ALONG SAID R/OH~-~.~U'S' ROU~ 41, TAMIAMI '~AI,~ '~,~SZERLX RiGHT-OF-WAy
-ur-WAr LINE FOR 1,500 O0 F~r~ ~¢h~u~ N. 5421 W.,
THENCE S. 35'59' W., FOR 400.00 FEET; THENCE S. 54'21' E., PARALLEL WI~
' ~ ~u /~E POINT OF BEGINNING;
SAID RIGHT-OF-WAY LINE, 500.00 FEET; THENCE S. 55'39' W., FOR 519.90 FEET,
TO THE SOUTH LINE OF SEC~ON 12, THENCE S. 89'54' W., ALONG SAID SOUTH
LINE, FOR 1,252.18 FEET; THENCE N. 55'39' E., FOR 1,459.79 FEET TO THE
AFORESAID RIGHT-OF-WAy LINE; THENCE S. 54'21' E., ALONG SAID LINE, FOR
500.00 FEET TO ~E POINT OF BEGINNING, CONTAINING 20.198 ACRES, MORE OR LESS.