Sabal Bay Commercial Plat-2COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
John R. Houldsworth, Senior Engineer~::~
FROM:
DATE: November 3, 2003
RE:
Sabal Bay Commercial Plat - 2
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Sabal Bay
Commercial Plat - 2. 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 2
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this_~'td-(:~ day of j~_~)[J~-J~J~3, by and
between the Board of County Commissioners of Collier County Florida, 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. 02-35 known as the
CDC Planned Unit Development (PUD), 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 2 Final Subdivision Plan, 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 SABAL BAY COMMERCIAL PLAT - PHASE
2 Final Subdivision Plan improvements 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:
SECTION 1
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:
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 2 Final Subdivision Plans, WilsonMiller,
Drawing File No: D-0229-62, sheet numbers 1 through 13 dated April, 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 2, prepared by Mark Berman, 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 2 Final Subdivision Plans,
WilsonMiller, Drawing File No: D-0229-62, sheet numbers 1 through 13 dated
April, 2002.
Plat for SABAL BAY COMMERCIAL PLAT - PHASE 2, prepared by MARK
BERMAN, 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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Page 2 of 5
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) through (b) 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 2, 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 (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.
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
the Land Development Code before the final plat can be submitted to the Board for
consideration.
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Page 3 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Signed, Sealed and Delivered
in the presence of:
Collier Land Development, Inc.
Witnesses
Printed or typed name
Ql~'ff--6ey M. Birr~'ce President
-"' * ~';¢ ....... · O.
_-o% ..' '.. of,,..
DWl4~-:IT E..BROCK,'CL~RK
~atrick G. Whito,
Assistant County A~orney
BOARD Of COUNTY COMMISSIONERS
OF COLL~UN.~ILORIDA~
Tom Henning, Chairman 0~
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STATE OF FLORIDA )
)
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me this~day of 0 e..~,
2003, by Jeffrey M. Birr, Vice President of Collier Land Development, Inc., ~ho is personally
known to me or who has produced
, as identification.
WITNESS my hand and official seal this ~"-day of 0C~o ~..¢11 ,~oo _~
NOTARY PUBLIC - STATE OF FLORIDA
Print or Type Notary Name
My Commission Expires:
10F//2003-128811 Ver: 0s!- DHURST
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DESCRIPTION
All that part of Section 24, Township 50 South, Range 25 East, Collier .County, Florida, being
more particularly described as follows;
Beginning at the northwest corner of Tract "1" of Sable Bay Commercial Plat Phase Two,
as recorded in Plat Book 58, pages 81 through 84, Public Records of Collier County, Florida;
Thence along the boundary of said Tract "1" in the following (5) Three describd courses;
1. Southeasterly, 161.49 feet along the arc of a non-tangential circular curve
concave to the southwest having a radius of 840.00 feet through a central angle of
11'00'54" and being subtended by a chord which bears South 56'58'29" East 161.24 feet;
2. South 51'08'02" East 1550.48 feet;
5. southeasterly and northeasterly 777.55 feet along the arc of a circular curve concave to
the north having a radius of 690.00 feet through a central angle of 64'52'58" and being
subtended by a chord which bears South 85'24'51" East 756.89 feet;
Thence leaving said line South 25'41'00" East 120.00 feet;
Thence northeasterly 42.52 feet along the arc of a non-tangential circular curve concave to
the northwest having a radius of 810.00 feet through a central angle of 05'00'28" and being
subtended by a chord which bears North 62'48'46" East 42.52 feet to a point of reverse curvatc
Thence southeasterly 16.42 feet along the arc of a circular curve concave to
the south having a radius of 58.50 feet through a central angle of 24'26'12" and being
subtended by a chord which bears South 81'17'29" East 16.50 feet to a point of curvature;
Thence southwesterly and northwesterly 955.71 feet along the arc of a non-tangential circular cu
concave to the north having a radius of 820.00 feet through a central angle of 66'46'44" and b
subtended by a chord which bears North 86'12'25" West 902.55 feet;
Thence South 58'54'49" West 11.42 feet;
Thence northwesterly, 17.47 feet along the arc of a non-tangential circular curve concave to
the northeast, having a radius of 800.00 feet through a central angle of 01'15'05" and being
subtended by a chord which bears North 50'59'12" West 17.47 feet to a point of reverse curvatc
Thence northwesterly, 6.68 feet along the arc of a circular curve concave to
the southwest, having a radius of 140.00 feet through a central angle of 02'45'57" and being
subtended by a chord which bears North 51'45'59" West 6.68 feet;
Thence North $8'51'58" East 11.09 feet;
Thence North 51'08'02" West 1550.48 feet;
Thence northwesterly 486.25 feet along the arc of a circular curve concave to the southwest
having a radius of 710.00 feet through a central angle of 59'14'17" and being subtended by
a chord which bears North 70'45'10" West 476.79 feet to a point of reverse curvature;
Thence northwesterly 55. 19 feet along the arc of a circular curve concave to the north having a
radius of 200.00 feet through a central angle of 09'50'27" and being subtended by a chord
which bears North 76'26'19'- West 55. 15 feet;
Thence North 71'41'06" West 68.05 feet to a point on the south right of way line of said
Thomasson Drive (S.R. 864);
Thence along said right of way line North 89'55'12" East 494.15 feet to the Paint of
Beginning of the parcel herein described;
Subject to easements and restrictions of record. EXHIBIT I
Containing 7.59 acres more or less
Bearings are based on the north line of Tract "1" being South 89'42'24"
West.~~