Valencia Golf & CC, Phase OneCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: ~~~t, ive Assistant
FROM: John R. Houldsworth, Senior Engineer ,~._\
DATE: May 21, 2003
Va~~3~eff~& ~~'~',' Phase One
Prelimi~~, Autherization
RE:
Attached please find a Preliminary Work Authorization for Valencia
Golf & Country Club, Phase One. This document has been reviewed
by Engineering Review and the County Attorney's Office. Collier
~r R~OIU~iOrl No, 93-147 ~~r 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
RECEIVED
HAY 2:5 200~
ORIGINAL
into this 1~-~''~ day of [~tc[ , 200 3, by and
THIS
AGREEMENT
made
and
entered
between the Board of County Commissioners of Collier County, Florida hereinafter referred to as
"County", and Roberto Bollt, Trustee , hereinafter referred to as "owner"
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 87-13 known as the
Orangetree PUD Ordinance, hereinafter referred to as the Orangetree
PUD ; and
WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in
Davidson Engineering Plan set #02-0020 , 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 Valencia Golf and Country Club Phase 1 SFWMD
Application No. 030306-5 ; and has approved said application; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because
Equipment already ~nobilized adjacent to project ; and
WHEREAS, Owners represents and warrant 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 these recitals, 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 restriction contained in Section 3 through 7 below, as follows:
Clearing and preparation of R.O.W.
-1-
The preliminary work detailed in this Section shall be in accordance with plans entitled
Valencia Lakes Golf and Country. Club Pha,qe 1 consisting of 18 sheets, prepared by
Davidson Engineering Plan set ~g)2-0020, dated Sept 2002 hereinafter referred to as "The
Preliminary Work". The legal description of the boundaries of the prelim/nary Work is shown on
the prelim/nary plat for Valencia Lakes Golf and Country Club Phase 1 consisting of 7
sheets prepared by Rhodes & Rhodes .
B0
Prior to any work being undertaken, owner shall submit to the County complete permit packages
and applicable review and inspection fees for the necessary perm/ts for the Preliminary Work
"Preliminary Work Permits"). These applications are as follows:
See enclosed list, attached as Exhibit "B".
SECTION 3 - PERMITS REQUIRED
Issuance of the Prelim/nary Work permits shall be conditioned upon the following:
Ao
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.
Bo
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 & B in Section 3 above have been satisfied. Owner understands and
acknowledges that no building permit for habitable structures within the Valencia Lakes Golf and
Country_ Club Phase 1 until the Valencia Lakes Golf and Country Club Pha.qe 1 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 claim.q 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 A & B 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.
-2-
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.
Printed l)/ame
tness
Prin~d ~me
State of Florida
County of Collier
The foregoing instrument was acknowledged before me this ~']-":'--"~y of May, 2003, by Roberto
Bollt, Trustee of Orangetree Associates, who is personally kno..v~l to me//
_\/Xt','>."~l~j,,~,/~
.................. (Srgna~ ~ot~blic
~1 ~¢?.3~'~ KIMBERLY P. R~ALLICK ~ State of F~ida)
IIt;f~':'~ ** co~ss,o, ~ cc ~s0~z~ II ·
iI ~¢$~:~ ~o~do~,~No~ cUnde~riters I[
' .,~:,:, ~1 (Print, Type, or Stamp Commissioned
"~{x~'~' · .C? ~.~' ~. Name of Notary Public)
AGE~:: .,',;7 ~." ~ ~ t:: : Board ~f~ty Com~Jsioners
D~i~]t I., ~mc~,~r~ ~
.
.om.enn,.g. ha,r an
atrick (. ~hite
Assistant County A~orney
-3-
RHODES & RHODES LAND SURVEYING, INC.
JOHN SCOTT RHODES, P.S.M. THOMAS E. RHODES, P.S.M.
1440 RAIL HEAD BLVD. #1 NAPLES, FLORIDA 34110
PHONE (239) 593-0570 FAX (239) 593-0581
PROPERTY DESCRIPTION
VALENCIA GOLF AND COUNTRY CLUB - PHASE 1
EXHIBIT "A"
A PORTION OF SECTIONS 23 & 24, TOWNSttlP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT "A", VALENCIA PHASE ONE, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 21 THROUGH 22 (INCLUSIVE) OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A NON-
TANGENTIAL CURVE; THENCE WESTERLY, 147.53 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 660.00 FEET, THROUGH A CENTRAL
ANGLE OF 12o48'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 78o05'54'' W., 147.22
FEET TO A POINT OF TANGENCY; THENCE N. 84030'08'' W., A DISTANCE OF 165.35 FEET TO A
POINT OF CURVATURE; THENCE NORTttWESTERLY, 765.60 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 515.00 FEET, THROUGH A
CENTRAL ANGLE OF 85°10'33'' AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 41°54'51''
W., 697.02 FEET TO A POINT OF TANGENCY; THENCE N. 00°40'25" E., A DISTANCE OF 634.01 FEET
TO A POINT OF CURVATURE; THENCE NORTHERLY, 147.28 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 640.00 FEET, THROUGH A
CENTRAL ANGLE OF 13°11'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 07015'58''
E., 146.95 FEET TO A NON-TANGENTIAL LINE; THENCE N. 75°59'14'' W., A DISTANCE OF 125.20
FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE NORTHWESTERLY, 21.37 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
40.00 FEET, THROUGH A CENTRAL ANGLE OF 30036'29'' AND BEING SUBTENDED BY A CHORD
WHICH BEARS N. 31°42'06'' W., 21.12 FEET TO A POINT OF REVERSE CURVATURE; THENCE
NORTHWESTERLY, 208.44 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 470.00 FEET, THROUGH A CENTRAL ANGLE OF 25o24'35''
AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 34°18'03" W., 206.73 FEET TO A POINT OF
REVERSE CURVATURE; THENCE NORTHWESTERLY, 379.44 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1,830.00 FEET, THROUGH
A CENTRAL ANGLE OF 11052'48'' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.
27032'09'' W., 378.76 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY,
175.49 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 1,170.00 FEET, THROUGH A CENTRAL ANGLE OF 08°35'38'' AND BEING SUBTENDED
BY A CHORD WHICH BEARS N. 29°10'44'' W., 175.32 FEET TO A POINT OF COMPOUND
CURVATURE; THENCE NORTHERLY, 876.27 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE EASTERI.Y. HAVING A RADIUS OF 1,270.00 FEET, THROUGH A CENTRAL ANGLE OF
39°3 i'57" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 05°06'57'' W., 858.99 FEET TO A
POINT OF COMPOUND CURVATURE; THENCE NORTHEASTERLY, 454.01 FEET ALONG THE ARC OF
A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 770.00 FEET, THROUGH
A CENTRAL ANGLE OF 33o46'58'' AND BEING SUBTENDED BY A CHORD WH1CH BEARS N.
31 °32'31" E., 447.46 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY, 50.96 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 40.00
FEET, THROUGH A CENTRAL ANGLE OF 72059'35'' AND BEING SUBTENDED BY A CHORD WHICH
BEARS N. 11°56'12'' E., 47.58 FEET TO A POINT OF TANGENCY; THENCE N. 24o33'36'' W., A
DISTANCE OF 255.34 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 341.12 FEET
Page 1 of 3
E:\word-docs\legals\orangetree\golfcourse phase 1 .doc
RHODES & RHODES LAND SURVEYING, INC.
JOHN SCOTT RttODES, P.S.M. THOMAS E. RHODES, P.S.M.
1440 RAIL HEAD BLVD. #1 NAPLES, FLORIDA 34110
PHONE (239) 593-0570 FAX (239) 593-0581
PROPERTY DESCRIPTION (CONTINUED)
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
190.00 FEET, THROUGH A CENTRAL ANGLE OF 102°52'00'' AND BE1NG SUBTENDED BY A CHORD
WHICH BEARS N. 26052'24'' E., 297.12 FEET TO A NON-TANGENTIAL LINE; THENCE S. 89°53'18'' E., A
DISTANCE OF 77.74 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE
SOUTHEASTERLY, 302.37 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 190.00 FEET, THROUGH A CENTRAL ANGLE OF
91°10'54'' AND BElNG SUBTENDED BY A CHORD WHICH BEARS S. 32029'33'' E., 271.46 FEET TO A
POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 32.86 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH A
CENTRAL ANGLE OF 37039'30'' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 05°43'51''
E., 32.27 FEET TO A POINT OF TANGENCY; THENCE S. 24033'36'' E., A DISTANCE OF 48.66 FEET TO A
POINT OF CURVATURE; THENCE SOUTI IEASTERLY, 57.37 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL
ANGLE OF 65°44'21" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 57o25'47'' E., 54.27
FEET TO A POINT OF TANGENCY; THENCE N. 89°42'03'' E., A DISTANCE OF 71.59 FEET TO A POINT
OF CURVATURE; THENCE EASTERLY, 70.77 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 500.00 FEET, THROUGH A CENTRAL ANGLE OF
08006'35'' AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 85038'45'' E., 70.71 FEET TO A
POINT OF REVERSE CURVATURE; THENCE EASTERLY, 70.77 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERI,Y, HAVING A RADlUS OF 500.00 FEET, THROUGH A
CENTRAL ANGLE OF 08o06'35'' AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 85o38'45"
E., 70.71 FEET TO A POINT OF TANGENCY; THENCE N. 89o42'03'' E., A DISTANCE OF 277.15 FEET TO
A POINT OF CURVATURE; THENCE SOUTHEASTERLY, 862.52 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 670.00 FEET, THROUGH
A CENTRAL ANGLE OF 73045'33'' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 53°25'11"
E., 804.18 FEET TO A POINT OF TANGENCY; THENCE S. 16032'24" E., A DISTANCE OF 836.89 FEET
TO A POINT OF CURVATURE; THENCE SOUTHERLY, 94.61 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 990.00 FEET, THROUGH A CENTRAL ANGLE
OF 05°28'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 13048'08'' E., 94.58 FEET TO A
POINT ON A NON-TANGENTIAL CURVE; THENCE SOUTHWESTERLY, I17.58 FEET ALONG THE
ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 320.00 FEET,
THROUGH A CENTRAL ANGLE OF 21 °03'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS
S. 62°51'14'' W., ! 16.92 FEET TO THE END OF SAID CURVE; THENCE S. 16°37'11" E., A D1STANCE OF
80.00 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE WESTERLY, 32.35 FEET ALONG
THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET,
THROUGH A CENTRAL ANGLE OF 04038'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS
$. 75041'50'' W., 32.34 FEET TO A POINT OF TANGENCY; THENCE S. 78°00'51'' W., A DISTANCE OF
454.72 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, 333.41 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 960.00 FEET, THROUGH A
CENTRAL ANGLE OF 19053'57'' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 68003'52"
W., 331.74 FEET TO A POINT OF TANGENCY; THENCE S. 58006'54'' W., A DISTANCE OF 217.08 FEET
TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, 561.42 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 560.00 FEET, THROUGH A
CENTRAL ANGLE OF 57°26'29'' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 29o23'40''
W., 538.20 FEET TO A POINT OF TANGENCY; THENCE S. 00o40'25'' W., A DISTANCE OF 634.01 FEET
TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY, 646.67 FEET ALONG THE ARC OF A
Page 2 of 3
E:\word-docs\legals\orangetree\golfcourse phase 1.doc
RHODES & RHODES LAND SURVEYING, INC.
JOHN SCOTT RHODES, P.S.M. THOMAS E. RHODES, P.S.M.
1440 RAIL HEAD BLVD. #1 NAPLES, FLORIDA 34110
PHONE (239) 593-0570 FAX (239) 5930581
PROPERTY DESCRIPTION (CONTINUED)
CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 435.00 FEET, THROUGH A
CENTRAL ANGLE OF 85°10'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 41°54'51"
E., 588.75 FEET TO A POINT OF TANGENCY; THENCE S. 84o30'08" E., A DlSTANCE OF 165.35 FEET
TO A POINT OF CURVATURE; THENCE EASTERLY, 165.41 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 740.00 FEET, THROUGH A CENTRAL
ANGLE OF 12°48'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 78°05'54" E., 165.07
FEET TO THE END OF SAID CURVE; THENCE S. 18°18'19" W., A DISTANCE OF 80.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 3,281,057 SQUARE FEET OR 75.323 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD.
BEARINGS ARE BASED ON THE WESTERLY TERMINUS OF TRACT "A", DOUBLE EAGLE TRAIL,
VALENCIA PHASE ONE, AS BEING S. 18°18'19" W.
RHODES & RHODES LAND SURVEYING, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 6897
Thomas E. Rhodes, Sr.
Professional Surveyor and Mapper
State of Florida, License Number 5854
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
R&R FILE NO. 2002-72platbndy
DATE: %t - ~ (D - O_q
Page 3 of 3
E :\word-docs\legals\orangetree\golfcourse phase 1.doc
EXHIBIT "B"
VALENCIA GOLF & C.C. PHASE I
STATUS OF APPLICATIONS
AGENCY
STATUS
COLLIER COUNTY
Applications: · PPL:
· PSP:
SFWMD
Applications:
· ERP:
FDEP
Applications:
WATER & WASTEWATER
GENERAL PERMIT:
UNDER REVIEW
APPROVED
APPROVED
IN PROCESS OF APPLYING FOR