Fiddler's Creek Parkway Phase 3[PRINTER TABLE command COURIER] ITEM NO,'
DAT~ R~C~ IV~D
FILE NO.'
ROUTED TO{
DO
NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
Date: April 16, 2004 AR- 4083.
To: Office of the County Attorney, Attention: Jennifer Belpedio
John R Houldsworth, Senior Engineer
From: Development Services, Engineering Re'~'
Re: Fiddler's Creek Parkway Extension, Phase 3
BACKGROUND OF REQUEST/PROBLEM:
Please review attached Preliminary Work Authorization for legal sufficiency.
(Are there documents or other information needed to review this matter?)
This item has not been previously submitted.
(If previously submitted provide County Attorney's Office file no.)
ACTION REQUESTED: Review, execute if found to be sufficient, and return to this office.
OTHER COMMENTS:
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers · Land Surveyors · Planners
Q. GRADY MINOR, P.E.
MARK W. MINOR, P.E.
C. DEAN SMITH, P.E.
DAVID W. SCHMITT, P.E.
MICHAEL J. DELATE, P.E.
NORMAN J. TREBILCOCK, A.I.C.P., P.E.
MATTHEW J. HERMANSON, P.E.
April 15, 2004
D. WAYNE ARNOLD, A.I.C.P.
ROBERT "BOB" THINNES, A.I.C.P.
THOMAS J. GARRIS, P.S.M.
STEPHEN V. BURGESS, P.S.M.
ALAN V. ROSEMAN
Via Courier
Mr. John R. Houldsworth, Senior Engineer
Collier County Development Services
2800 North Horseshoe Drive
Naples, FL 34104
RE: Fiddler's Creek Parkway Extension Phase Three
Dear Mr. Houldsworth:
Enclosed is the Preliminary Work Authorization./V/t~s,
ark W. Minor
MWM:dr
Enclosure
cc: Jack McKenna
APR
(239) 947-1144 · FAX (239) 947-0375 · E-Mail: engineering@gradyminor.com
3800 Via DelRey Bonita Springs, Florida 34134-7569 EB/LB 0005151
F:UOB~FIDDLER'S CREEKWIWIvEFCPPL~40415L,doc
FCPPLT
Fiddler's Creek Parkway Extension Phase 3
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this /~ day of ~ . ,_2004, by and
between the Board of County Commissioners of Collier County, FloridJ, herei'~afier referred to as
"County", and 951 Land Holdings, LTD and G.B. Peninsula, LTD hereinafter referred to as the "Owner".
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands
described in the public records of Collier County, Florida, said legal description attached hereto as Exhibit
"A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has preliminarily approved the surface
water management permit for Fiddler's Creek Parkway Extension Phase 3 SFWMD Permit No. 11-00685-
S; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because in order
to commence construction at the earliest possible time due to economic and developmental time constraints;
and
WHEI~EAS, 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 - 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.
Fiddler's Creek Parkway Extension Phase 3
Preliminary Work Authorization
Page 2 of 4
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) Cleating of the roadways, easements and construction areas.
2) Earth work necessary for the installation of water and sewer lines, water management
swales and roadbed preparation.
3) Installation of the project's required improvements.
The preliminary work detailed in this Section shall be in accordance with plans Fiddler's Creek
Parkway Extension Phase 3 consisting of 18 sheets, prepared by Q. Grady Minor & Associates, P.A., dated
April, 2004 hereinafter referred to as the "The Preliminary Work". The legal description of the boundaries
of the Preliminary Work is shown on the final plat for Fiddler's Creek Parkway Extension Phase 3
consisting of 3 sheets prepared by Q. Grady Minor & Associates, P.A.
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 (the
"Preliminary Work Permits"). These applications are as follows:
1) Construction plans for Fiddler's Creek Parkway Extension Phase 3 consisting of 18 sheets,
prepared Q. CJrady Minor & Associates, P.A..
2) Final plat for Fiddler's Creek Parkway Extension Phase 3 consisting of 3 sheets prepared by
Q. Grady Minor & Associates, P.A..
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work permits shall be conditioned upon the following:
a. County staff fmding 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.
b. Owner submitting to the County a copy of the early work permit or permit modification 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.
Fiddler's Creek Parkway Extension Phase 3
Preliminary Work Authorization
Page 3 of 4
SECTION 4 - APPROVAL
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat
approval once conditions Cl, and ~.in Section 3 above have been satisfied. Owner understands and
acknowledges that no building permit will be issued for habitable structures within Fiddler's Creek
Parkway Extension Phase 3 until the Fiddler's Creek Parkway Extension Phase 3 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 fi:om, 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 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 of el,andS.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 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.
Fiddler's Creek Parkway Extension Phase 3
Preliminary Work Authorization
Page 4 of 4
7tte/~~~ ESS WHEREOF, the parties have executed this Agreement the day first above
Wit~~. ,, By: 951 Land Holdings, LTD
o.B. ee~su~a, Lf?
Printed Name
~j~TTEST: ' '
D'~l~ht E. Br0~k, CLERK
sufficiency:,
....
Collier county Attomey
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
12~n tl/x-F~'o~.f~k~ Chai~r~an
STATE OF FLORIDA
COUNTY OF LEE
· he foregom ~s~ument w~s aGk~o??~ bef. o5 m, ,~,_~ _/_~C day of ~2004, by
Mark P Strain- Attorney-in-fact for u>t Land t~ommg~, Ltd and G.B. Peffinsula, Ltd. He is
personally known to me and did not take an oath.
~z '
WITNESS my hand and official seal thi~ of ~ 2004.
Notary Public / ! / /" ~
My commission expire~. ~ Jg//
(afl.tx notarial seal there)")~
~ i ~;¢~,.~ EXPIRES: May 24, 2005
~: ,,,,,,, Bor*dod Thru Nolag Public Underwnters_.JI
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTIONS II AND 14, TOiffiisHIP 51 SOUTH, RANGE
28 EAST, COLLIER COUN~ FLORIDA: BEING WORE PARTICULARLY'DESCRIBED AS
FOLL OFIS:
BEGINNING AT THE NORTHI~ESTERL YIdOST CORNER OF TRACT "R" (FIDDLER'S CREEK
PARKI~AY) AS SHOP/IV ON THE PLAT OF FIDDLER'S CREEK PHASE 2A, UNIT THREE,
RECORDED IN PLAT BOOK 35 AT PACES 98 THROUGH 102 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA;
THENCE RUN NORTH 371~0'20' EAST FOR A DISTANCE OF I$2.89 FEET TO THE
BEGINNING OF A TANCENTIAL 'CIRCULAR CURVE CONCAVE I~ESTERLY; THENCE RUN
NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF
450,00 FEET; THROUON A CENTRAL ANGLE OF 86.5~'17"; SUBTENDED BY A CHORD
OF ,196.34 FEET AT A BEARING OF NORTH 03'32'12" EAST, FOR AN ARC LENGTH OF
525.73 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN' NORTHERLY ALONG
THE ARC OF SAID CURVE TO THE RI~NT, HAVING A RADIUS OF 500,00 FEET,
THROUGH A CENTRAL ANGLE OF 29'35'0~", SUBTENDED BY A CHORD OF 255.52
FEET AT A BEARING OF NORTH 151~8'24" ~ST, FOR AN ARC LENGTH OF 258.~8
FEET TO THE END OF SAID CURVE;
THENCE RUN NORTH 00~0'5I" t~EST FOR A DISTANCE OF 285.38 FEET;
THENCE RUN NORTH 89'39'09" EAST FOR A DISTANCE OF IO0. O0~FEET;
THENCE RUN NORTH 00~0'51" I~EST FOR A DISTANCE OF 175.18 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEASTERLY; THENCE
RUN NORTHEASTERLY'.ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 325.00 FEET; THROUON A CENTRAL ANGLE OF 58'47'58? SUBTENDED
BY A CHORD OF 309.15 FEET AT A BEARING OF NORTH 28~03'07' EAST, FOR AN
ARC LENGTH OF 322.18 FEET TO THE END OF SAID CURVE;
THENCE RUN NORTH 58~7'05" EAST FOR A DISTANCE OF 3~I.83!FEET TO THE
BEOINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHF/ESTERL Y: THENCE
RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 550.00 FEET; THROUGH A CENTRAL ANGLE OF 55~8'54;' SUBTENDED
BY A CHORD OF 511.74 FEET AT A BEARING OF NORTH 28'43'58? EAST, FOR AN
ARC LENGTH OF 532.27 FEET TO THE END OF SAID CURVE;
THENCE RUN NORTH 011~'I0" EAST FOR A DISTANCE OF 1,889.5i FEET;
· THENCE RUN SOUTH 88'59'50' EAST FOR A DISTANCE OF 81.00 FEET TO A POINT
ON THE EAST UNE OF THE SOUTHEAST OUARTER OF SECTION 11,. TOIffilSHIP 51
SOUTH, RANGE 28 EAST;
THENCE RUN SOUTH Ol~O0'lO' ~EST, ALONG SAID LINE, FOR A DISTANCE OF
2,519.83 FEET TO A POINT ON THE SOUTH UNE OF THE SOUTHEAST OUARTER OF
SAID SECl1ON
THENCE RUN NORTH 88~5~37" I~IEST, ALONG SAID LINE, FOR A DISTANCE OF
FEET TO A POINT ON THE ~/EST UNE OF THE NORTHEAST OUARTER OF THE
NORTHEAST QUARTER OF THE NORTHEAST qUARTER OF SECTION 14, TOI~ISHIP 51
SOUTH, RANGE 28 EAST;
THENCE RUN SOUTH 00~0'51" EAST. AlONG SAID UNE, FOR A DISTANCE OF ~.83
FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST OUARTER OF THE
NORTHEAST OUARTER OF THE NORTHEAST OUARTER OF SAID SEGTION
THENCE RUN SOUTH 8873°II" EAST, ALONG SAID LINE, FOR A DISTANCE OF 891.35
FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST qUARTER OF SAID
SECTION 14;
THENCE RUN SOUTH 00~($'38" EAST, ALONG SAID UNE, FOR A DISTANCE OF 887,35
FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST
OUARTER OF SAID SECI1ON 14;
THENCE RUN NORTH 88~0'44' t~EST, ALONG SAID LINE, FOR A DISTANCE OF 731.41
FEET;
THENCE RUN SOUTH 371~0'20" I~EST FOR A DISTANCE OF 182.89 FEET TO A POINT
ON THE NORTHERLY LINE OF SAID TRACT "R" OF THE SAID FIDDLER'S CREEK PHASE
2A, UNIT THREE PLAT;
THENCE RUN NORTH 52'59'40' I~EST, ALONG SAID LINE, FOR A DISTANCE OF I00.00
TO THE POINT OF BEgNNING. CONTAINING 22.430 ACRES, kloRE OR LES~
· 04/16/2004 08:07 F,~ 259 947 0575 ~ Grad~ ~!nor & Assoc.
Q, GRADY MINOR & ASSOCIATES,
C~'l Engineers m Land Surveyors m Planners
MEMO / FAX
DATE:
2004
TO:
Bec!cy Paratore
Fax # 659,-5720
FROM:
Mark W. Minor
Fiddle.es Creek Parkway Extemion Ph~ 3 PWA
We approve the following changes to the Preliminary Work Authoriwarion:
i. Page One:
2. Page Three:
3. Page Four:
4. Page Four:
Add "End of Page" at bottom.
Change conditions A & B to lower case.
Change cha/rman to Dorma Fiala.
Change attorney to Jem'tLf~ Betpedio, A,ssb--mm
County Attorney.
# OF PAGES: 1
i~o~it~ spmgr,, lrbrllla 341:54
f~9) ~47-II44 1 Faa C239) ~;t47.41375
F-Mail: ~gtnee~dymi=ur. eom