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Briarwood Unit 11COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING SERVICES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth Senior En ineer \ DATE: February 2, 20X-5, RE: Briarwood Unit 11 Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Briarwood Unit 11. 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 BRIARWOOD UNIT 11 PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this day of , 2005, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County" and Spinelli Land Holdings, LLC., a Florida limited liability company, hereinafter referred to as the "Owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 03-57, amending ordinance 91-102, known as RZ-2003-AR-4041, hereinafter referred to as the "Spinelli Rezone"; and WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in O.R. Book 3133, Pages 0267-0268, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District has issued a surface water management permit for "Briarwood Unit 11", SFWMD Permit No. 1 1-00651-S; and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because owner would like to show site activity during the tourist season (to the extent possible) and to complete as much of the work as possible prior to the summer rainy season; 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 develent plan or building permit, as appropriate; and t Q . 0--, Oo m WHEREAS, Section 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 agreement by the parties hereto as follows: _ 1 _ PPL-2004-AR-5490 REV: 5 BRIARWOOD UNIT ELEVEN Project: 2003060013 Date: 1 /25/05 DUE: 2/8/2005 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: * Install Tortoise preserve fencing and relocate tortoises. * Clear proposed right-of-way, lakes and selectively clear perimeter berm and buffer areas, and stock pile area. * Construct proposed perimeter berm * Excavate lakes * Fill proposed road right-of-way 4 The preliminary work detailed in this Section shall be in accordance with plans entitled "Briarwood Unit Eleven" consisting of fourteen sheets, prepared by Butler Engineering, Inc, dated January 9, 2003, 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 "Briarwood Unit Eleven", consisting of three sheets prepared by A Trigo & Associates, 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 (the "Preliminary Work Permits"). These applications are as follows: Final Subdivision Plans for "Briarwood Unit Eleven" prepared by J. Gary Butler, P.E. #35479 of Butler Engineering, Inc., Project Number 180.11, Sheets 1 through 15. Final Subdivision Plat for "Briarwood Unit Eleven" prepared by Antonio Trigo, P.L.M. #2982 of A Trigo & Associates, Inc. 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. -2- b. Owner submitted 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. Additional permits necessary from state and/or federal agencies necessary to commence construction of the improvements requested for Preliminary Work Authorization include: Florida Fish and Wildlife Conservation Commission — tortoise relocation permit SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit will be issued for habitable structures within the "Briarwood Unit Eleven" project 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 connections 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 final plat review 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 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 -3- 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. Applicant. i aliarnsident Spinelli Land Holdings, LLC 3L1A1r,yr rLVKIUA COUNTY OF COLLIER Before me, the undersigned authority, this day personally appeared William Spinelli, to me well known and known to me to be the President of Spinelli Land Holdings, LLC, a Florida limited liability company, and he acknowledged to and before that he executed said Agreement on behalf of and in the name of said Company; that he is duty authorized by said Company to execute said Agreement and that said Agreement is the free act and deed of said Company. IN WITNESS WHEREOF l have hereto set my hand and affixed my official seal this .Ry day of Q7 AlA.D., 2005. oa L �R ►oB% DELTA MATHIEU MY COMMISSION MDO330958 Notary Public in and for the EXPIRES: June 21, 2M State and County aforesaid. '4-OF FL�` Eroded Am Rudoet NotuY Services ATTEST: i)WIOONT E: 3ROCK, CLERK i14 t^ Ghaiirnan's StQi0&WW Qa tor form and legal sufficiency: Ass ant Cou ttorney .Jc-jm(f=- N- -4- My Commission Expires: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 0� W. Fred Coyle, Chairman 3063145 OR: 3133 PG: 02 Ilca0t0 to OIIICIAL MOM 0( COLLtti ccn + Prepared by and return: 10I12/1002 At 11:42AX 0Yta I017 I. 810ci, m _� Roger B. Rice, Esq. f CONS 2));;; ROGER B. RICE, P.A. !, Irr etc ns 5425 Park Central Court !i teta: DOC' 1J t t Naples, Florida 34109tlt A tlel Phone: (941) 593-1444 5420 IAU C1I1UL CT Facsimile: (941) 593-I 169 IAlLIS IL 34141 Property Appraiser's Parcel 1D # 0019480000J WARRANTY DEED THIS INDENTURE, made this _�5_ day of October, 2002 between, Pauline Y. tilinnielli, an ua- remarried widow. GRANTOR, and to Spinelli Land Holdings, LLC a Florida limited liability company, and whose post office address is 3927 Arnold Avenue, Naples, Florida 34104. GRANTEE. (Mienever used herein the terns grantor and grantee include all the parties to this instrument arr<j the heirs, legal representatives, and assigned of individuals an(] the successors and assigns of corporations, trusts and trustees.) WITNESSETH: That said grantor, for and in consideration of the sum of TEN and NO/100 DOLLARS (S 10.00) and other good and valuable considerations to said granter in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, their hein and assigns forever, the following dcscribcd land, situated, lying and being in Collier County, Florida, to wit: The Northeast 1/4 of the Northwest 1/4 of Section 31. Townihip 49 South. Range 26 East, Collier County, Florida. Subject to restrictions, conditions, reservations, easements and other matters of record. Together with all the tenements, hcrcditaments and appurtenances thereto belonging or in anywise appertaining. Grantor warrants that the above mentioned property is vacant property and is not Grantor's homestead and never has been Grantor's horncstcad TO HAVE AND TO HOLD, the saute in fee simple forcvcr. And the grantor hercby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good rights and lawful atthority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by through or under grantors. **' OR: 3133 PG: 0268 � x x IN WITNESS WMEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, s d and delivered in our presence: W' nes 1 (signature) G Pauline Y. Minrtitlli Print nameorwitneess #I W fit (sigmature) �oti�� R�F�/Ftrttlf�r Print name of winiess N2 STATE OF OHIO ) )SS COUNTY OF BUTLER } THE FOREGOING INSTRUMENT was sworn to, subscnbc d acknowledged before me this 17t1 day orOctober, 2002 by PAULINE Y. M1NNIELLI, who is personally known tome or 0 who has Produced _ as identification. ?aPubli�c/ (Seal) Printed Namc Commission expires: �+ r. 147t r, GROVE kOWTNbkScarsaor., t :f• Wr:t11f1 h.4 np riWratr.» J . �'RO1t're 0 C', man t+r.w COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING SERVICES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer DATE: February 2, 2004 RE: Bra Lk* I Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Briarwood Unit 11. 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 BRIARWOOD UNIT 11 PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this day of , 2005, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County" and Briarwood Development Corporation, a Florida corporation, hereinafter referred to as the "Owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 03-57, amending ordinance 91-102, known as RZ-2003-AR-4041, hereinafter referred to as the "Spinelli Rezone"; and WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in O.R. Book 3133, Pages 0267-0268, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District has issued a surface water management permit for "Briarwood Unit 11 ", SFWMD Permit No. 11-00651-S; and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because owner would like to show site activity during the tourist season (to the extent possible) and to complete as much of the work as possible prior to the summer rainy season; 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 devetl9pment plan or building permit, as appropriate; and Z \()•0, O WHEREAS, Section ' -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 agreement by the parties hereto as follows: 4- 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: * Install Tortoise preserve fencing and relocate tortoises. * Clear proposed right-of-way, lakes and selectively clear perimeter berm and buffer areas, and stock pile area. * Construct proposed perimeter berm * Excavate lakes * Fill proposed road right-of-way The preliminary work detailed in this Section shall be in accordance with plans entitled "Briarwood Unit Eleven" consisting of fifteen (15) sheets, prepared by Butler Engineering, Inc, dated January 9, 2003, 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 "Briarwood Unit Eleven", consisting of three (3) sheets prepared by A Trigo & Associates, 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 (the 'Preliminary Work Permits"). These applications are as follows: Final Subdivision Plans for "Briarwood Unit Eleven" prepared by J. Gary Butler, P.E. #35479 of Butler Engineering, Inc., Project Number 180.11, Sheets 1 through 15. Final Subdivision Plat for "Briarwood Unit Eleven" prepared by Antonio Trigo, P.L.M. #2982 of A Trigo & Associates, Inc. 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. -2- b. Owner submitted 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. Additional permits necessary from state and/or federal agencies necessary to commence construction of the improvements requested for Preliminary Work Authorization include: Florida Fish and Wildlife Conservation Commission — tortoise relocation permit SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit will be issued for habitable structures within the "Briarwood Unit Eleven" project 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 connections 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 f-kr P of the Land Development Code, unless the Owner is delayed in having final plat review 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 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 MI 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. Applicant. William Spinelli, Pre`s" ent Briarwood Develop ent Corporation STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, this day personally appeared William Spinelli, to me well known and known to me to be the President of Briarwood Development Corporation, a Florida corporation, and he acknowledged to and before that he executed said Agreement on behalf of and in the name of said Company; that he is duly authorized by said Company to execute said Agreement and that said Agreement is the free act and deed of said Company. IN WITNESS WHEREOF I have hereto set my hand and affixed my official seal this y day of Februarij_, A.D., 2005. �,o,&O ��,Debbie X Loyd Notary Public in and for the 9` i iQ- ,o- i D State and County aforesaid. � BmxbdTbm�.. rritV mwILlC BOIAW ca" rcr My Commission Expires: ATTEST DWIC�iT EPERK At 6 Chalreaft-S Q—. • ' y pproved;�s tu",me • sufficiency,, Assistant County Att -4- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA W. Fred Coyle, Chairman BRIARWOOD UNIT ELEVEN DESCRIPTION OF LANDS PLATTED A PARCEL OF LAND LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DFSCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF TRACT "B", BRIARWOOD UNIT EIGHT, AS RECORDED IN PLAT BOOK 33, PAGES 45 AND 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE RUN N. 0(701'07" E. ALONG THE EASTERLY BOUNDARY OF' BRIARWOOD UNIT 10 A DISTANCE OF 550.07 FEET; THENCE RUN S. 89'39'05" W., A DISTANCE OF 59.95 FEET; THENCE RUN N. 00'20'55" W., A DISTANCE OF 179.94 FEET, TO THE NORTH LINE OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 LAST; THENCE RUN N. 89'39'05" F. ALONG SAID NORTH LINE A DISTANCE OF 1382.04 FEFT; THENCE S. 00'08'22" W. A DISTANCE OF 1294.94 FEET, TO THE NORTHEAST CORNER OF BRIARWOOD UNIT 5; THENCE S. 89'02'45" W_, A DISTANCE OF 1318.37 FEET; THENCE N 00'01'07" E., A DISTANCE OF 261.29 FEET, TO THE NORTHEAST CORNER OF LOT 91. BLOCK B, BRIARWOOD UNIT EIGHT; THENCE N. 89'58'53" W. ALONG THE NORTH LINE OF SAID LOT 91. BLOCK B. A DISTANCE OF 137.79 FEET, TO THE EASTERLY RIGHT -OF --WAY OF TIVOLI LANE. THENCE N 00'01'07" E. ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 240.00 FEET; THENCE S. 89'58'53" E. ALONC THE SOUTHERLY LINE OF LOT 2, BLOCK D, BRIARWOOD UNIT EIGHT, A DISTANCE OF 137.79 FEET; THENCE N. 00'01'07" E. A DISTANCE OF 77.55 FEET, TO THE POINT OF BEGINNING- CONTAINING 40.446 ACRES MORE OR LESS. > xHTBTT "A" [PRINTER TABLE command: COURIER] ITEM NO.: .. _ .. DATE RECEIVED: �f i ` I FILE NO L ROUTED TO: DO NOT WRITE ABOVE THIS LINE (orig. 9/89) REQUEST FOR LEGAL SERVICES Date: immsf5i 26, February 7, 2005 AR- 5490 To: Office of the County Attorney, Attention: enni er Belpedio From: John R. Houldsworth, Senior Engineer Development Services, Engineering Review Re: Briarwood Unit Eleven (Revised Owner) BACKGROUND OF REQUEST/PROBLEM: Please review attached Preliminary Work. Authorization for legal sufficiency. /- �G S (Are there documents or other information needed to review this matter?) This item has not been previously submitted. �� �9� (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: �. r f 2 3.