Royal Palm Golf Estates Replat
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer..k \.
DATE: May 25,2005
RE: Royal Palm Golf Estates Replat #3
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Royal Palm
Golf Estates Replat #3. 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
ROYAL PALM GOLF EST A TES
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this 2$ 1/./ day of #tAt ' 2005,
by and between the Board of County Commissioners of Collier County, Florida hereinafter
referred to as "County", and NAPLES GOLF CLUB SOUTH. L.L.c., hereinafter referred to as
"owner" .
RECIT ALS
WHEREAS, the County has adopted Collier County Ordinance No. 04-60 known as the
Bovne South PUD Ordinance, hereinafter referred to as the Bovne South PUD; ánd
WHEREAS, owner represents and warrants it is the record fee title owner of the lands
described in Roval Palm Golf Estates, said legal descriptions attached hereto as Exhibit "A" and
incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has APPROVED THE
ENVIRONMENTAL RESOURCE PERMIT NO. 1l-02383-P DATED APRIL 13. 2005
attached hereto as Exhibit "B" and incorporated herein by reference; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because construction of infrastructure needs to occur as soon as possible due to economic and
development schedule reasons; 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 CQunty'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 10.02.04 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 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.
C:\Docul11~nts and Scttings\Ed\My Docul11ents\ed\ash e l11ails\Holc Montes\5 18 05\Pr~lil11inary Work Authorization-fonn.doc
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. Clearing of vegetation necessary for project infrastructure.
2. Earthwork necessary for the installation of water and sewer lines, drainage pipes,
swales and roadbed preparation.
3. Installation of storm drainage pipes and swales.
4. Installation of water and sewer utilities.
The preliminary work detailed in this Section shall be in accordance with plans entitled Roval
Palm Golf Estates Phase 2 Construction Plans consisting of 28 sheets, prepared by Hole
Montes. Inc., dated April 13,2005 hereinafter referred to as "The Preliminary Work". The legal
description of the boundaries of the preliminary Work is shown on the preliminary plat for Roval
Palm Golf Estates Replat #3 consisting of 11 sheets prepared by Hole Montes. 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 ("Preliminary Work Permits"). These applications are as follows:
1. ROYAL PALM GOLF ESTATES Construction Plans consisting of 28 sheets
prepared by Hole Montes, Inc.
2. ROYAL PALM GOLF REPLA T #3 Final Plat consisting of 11 sheets prepared by
Hole Montes, 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.
B. Owner submitting to the County a copy of the 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)
C:\DOClIl11cnts and S~ttings\Ed\My [)oclll11ents\~d\ash e l11ails\Hole Mont~s\5 18 05\Prelil11inary Work Authorization-forl11.doc
--~'".__..,-'" .
^----,~-
SECTION 4 - APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to
plat approval once conditions ;, A.t: 'ß in Section 3 above have been satisfied.
Owner understands and acknowledges that no building permit for habitable structures within the
Boyne South PUD until the Royal Palm Golf Estates Replat #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 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 - LIMIT A TIONS
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 Section 10.02.04 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 Sections A and B
above 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 Land Development Code before the final plat can be submitted to the Board for
consideration.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
.h./ ~7._____-
Witness h
fc;1!.../ to( rcl I cc,,,,I,?h/ ¿~ 7
Printed Name "
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Wi,\ness
Kß o? (k. 'KQ. ~ (\ ~ 'V\ 0\..
Printed Name
VB SOUTH, L.L.C.
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A Tt£S'~:.. c()',·:.' ""
"., ". .
Qwight E."BrocK;£lerk
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Ap~6~J~J'~r~ a~d legal sufficiency:
Board of County Commissioners
of Collier County, Florida
~o.~ ~ ..:.~
Jenni e A. Belped 0 ~Esq.
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF COLLIER
Before me personally appeared Ashlev Bloom to me well known to be the person
described in and who executed the foregoing instrument, and acknowledged to and before me
that he executed said instrument for the purposes therein expressed.
¿--
WITNESS my hand and official seal this I f day of M~ ,2005.
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,~CA.- ~
SEAL ignature
M a-v-.~c~ Se-,^- '-e ~ 6 e -r-
Notary Public
State of Florida
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LEGAL DESCRIPTION
Page 1 of2
Stephanie Karol
From: Ben Nowell
Sent: Monday I May 23, 2005 1 :25 PM
To: Stephanie Karol
Cc: George Hermanson; Tom Murphy
Subject: LEGALDES.doc for Boyne Draft
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA AND IN A PORTION OF ROYAL PALM GOLF ESTATES UNIT 1 ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 12 AT PAGES 13 THROUGH 18 AND IN A PORTION OF THE REPLAT OF ROYAL
PALM GOLF ESTATES UNIT 1 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12 AT
PAGE 72, BOTH, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF ROY AL PALM GOLF ESTATES UNIT I, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 12 AT PAGES 13 THROUGH 18, COLLIER COUNTY, FLORIDA, THE
SAME BEING THE NORTHEAST CORNER OF LOT 132, OF SAID ROYAL PALM GOLF EST A TES UNIT I AND A
POINT ON THE EAST LINE OF SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA; THENCE RUN S.OI °09'56"E., ALONG THE EAST LINE OF SAID SECTION 20 AND ALONG THE
BOUNDARY OF SAID ROYAL PALM GOLF ESTATES UNIT 1, FOR A DISTANCE OF 2,229.09 FEET TO A POINT
ON THE NORTH LINE OF LOT 1 07, BLOCK A, OF SAID ROYAL PALM GOLF ESTATES UNIT 1; THENCE RUN
N,88°53'56"W" ALONG THE NORTH LINE OF SAID LOT 107, FOR A DISTANCE OF 160.48 FEET TO A POINT ON
ROY AL HAMMOCK BOULEVARD, OF SAID ROYAL PALM GOLF EST A TES UNIT 1 AND TO A POINT ON A
CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS N.88°53'08"W" A DISTANCE OF
455.10 FEET THEREFROM; THENCE RUN NORTHERLY ALONG SAID ROYAL HAMMOCK BOULEVARD AND
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 455.10 FEET, THROUGH A CENTRAL
ANGLE OF 02°16'48", SUBTENDED BY A CHORD OF 18.11 FEET AT A BEARING OF N,OooOI'32"W., FOR A
DISTANCE OF 18.11 FEET TO THE END OF SAID CURVE; THENCE RUN S.88°50'04"W., FOR A DISTANCE OF
210.00 FEET; THENCE RUN N.58°49'54"W., FOR A DISTANCE OF 1,660.00 FEET; THENCE RUN N.OI °II'12"W.,
FOR A DISTANCE OF 1,399.95 FEET; THENCE RUN N.12°05'15"E., FOR A DISTANCE OF 649.99 FEET TO THE
MOST EASTERLY CORNER OF LOT I, BLOCK A, OF SAID ROYAL PALM GOLF ESTATES UNIT 1; THENCE
RUN N,54°35'37"W" ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, FORA DISTANCE OF 150.00 FEET
TO A POINT ON SAID ROYAL HAMMOCK BOULEVARD; THENCE RUN N.53°50'29"E., ALONG THE
BOUNDARY OF SAID ROYAL HAMMOCK BOULEVARD, FOR A DISTANCE OF 63.27 FEET; THENCE RUN N,35°
24'23"E., ALONG THE BOUNDARY OF SAID ROYAL HAMMOCK BOULEVARD, FOR A DISTANCE OF 332.77
FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF U,S, HIGHWAY 41 (STATE RD. 90), A
200.00 FOOT WIDE RIGHT-OF-WAY; THENCE RUN S.54°35'37"E" ALONG THE SOUTHWESTERLY RIGHT-OF-
WAY LINE OF U.S. HIGHWAY 41 (STATE RD, 90), FOR A DISTANCE OF 1,860,85 FEET, TO THE ¡>QINLQJ;
BJ<;ŒN:NlliQ; CONTAINING 99,207 ACRES, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD,
BEARINGS REFER TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41 (STATE RD. 90), A
200,00 FOOT WIDE RIGHT-OF-WAY, AS BEING S.54°35'37"E.
HOLE MONTES, INC.
CERTIFICATION OF AUTHORIZATION LB #1772
THOMAS M. MURPHY
P.S.M. #5628
STATE OF FLORIDA
BY
EXHIBIT" A"
5/23/2005
<8
SOUT~. FLORIDA WATER MANAGEMENT L
ENVIRONMENTAL RESOURCE PERMIT NO.
DATE ISSUED:
3TRICT
11-02383-P
13-APR-2005
FORM .0145
Rev. 08195
PERMITTEE: NAPLES GOLF CLUB SOUTH LLC
NAPLES SOUTH LLC
NAPLES GOLF DEVELOPMENT LLC
(BOYNE SOUTH AKA NAPLES GOLF CLUB SOUTH)
See atttached
for address
PROJECT DESCRIPTION:
CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING A 338.40 ACRE
RESIDENTIAUGOLF COURSE DEVELOPMENT KNOWN AS BOYNE SOUTH, WITH DISCHARGE INTO GOODLAND BAY
VIA THE BIG MARCO RIVER VIA THE SR 92 DITCH ViA AN EXISTING DRAINAGE DITCH VIA THE MASTER SURFACE
WATER MANAGEMENT SYSTEM IN ADDITION CONCEPTUAL AUTHORIZATION FOR 8.60 ACRES, PART OF THE
338.40 ACRE SITE, IS REQUESTED FOR THE MULTI-FAMILY PARCELS AND THE CLUB HOUSE EXPANSION.
PROJECT LOCATION:
PERMIT DURATION:
COLLIER COUNTY,
SECTION 20 TWP 51S RGE 27E
See Special Condition No: 1. See attached Rule 40E-4.321, Florida Administrative Code.
This Pennit is issued pursuant to Application No. 040402-25, dated September 28, 2004. Pennittee agrees to hold and save the
South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise
by reason of the construction, operation, maintenance or use of activities authorized by this Permit. This Permit is issued under the
provisions of Chapter 373 , Part IV Florida Statutes (F.S.). and the Operating Agreement Concerning Regulation Under Part IV,
Chapter 373 F.S., between South Florida Water Management District and the Department of Environmental Protection. Issuance
of this Pennit constitutes certification of compliance with state water quality standards where neccessary pursuant to Section 401,
Public Law 92-500,33 USC Section 1341 ,unless this Permit is issued pursuant to the net improvement provisions of Subsections
373.414(1)(b). F.S., or as otherwise stated herein.
This Pennit may be transferred pursuant to the appropriate provisions of Chapter 373, F.S, and Sections 40E-1.61O'7(1) and (2). and
40E-4.35l(1), (2). and (4). Florida Administrative Code (FAC.). This Pennit may bè revoked, suspended, or modified at any time
pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E-4.351(1). (2), and (4). F.A.C.
This Pennit shall be subject to the General Conditions set forth in Rule 40E-4.381, F.A.C., unless waived or modified by the
Governing Board. The Application, and the Environmental Resource Permit Staff ReVlew Summary of the Application, including
all conditions, and all plans and specifications incorporated by reference, are a part of this Permit. All activities authorized by
this Pennit shall be implemented as set forth in the plans, specifications, and perfonnance criteria as set forth and incorporated
in the Environmental Resource Pennit Staff Review Summary. Within 30 days after completion of construction of the permitted
activity, the Permittee shall submit a written statement of completion and certification by a registered professional engineer or other
appropriate individual, pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E-4.361 and 40E-4.381, F.A.C.
In the event the property is sold or otherwise conveyed, the Permittee will remain liable for compliance with this Permit until transfer
is approved by the District pursuant to Rule 40E-1.6107, F.A.C.
SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS:
SEE PAGES 2 3 OF 6
SEE PAGES 4 6 OF 6
(18 SPECIAL CONDITIONS),
(19 GENERAL CONDITIONS).
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY iTS GOVERNING BOARD
On _QB!9-l~~.sIGN~Q By'-____
By ELIZABETH VEGUILLA
DEPUTY CLERK
PAGE 1 OF 6
EXHIBIT "B"
PERMIT NO: 11-02383-P
PAGE 2 OF 6
SPECIAL CONDITIONS
1. The construction phase of this permit shall expire on April 13, 2010.
2. Operation of the surface water management system shall be the responsibility of BOYNE
SOUTH PROPERTY OWNER'S ASSOCIATION. Within one year of permit issuance or concurrent
with the engineering certification of construction completion, whichever comes first,
the permittee shall submit a copy of the recorded deed restrictions (or declaration
of condominium, if applicable), a copy of the filed articles of incorporation, and a
copy of the certificate of incorporation for the association.
3. Discharge Facilities:
Existing Pumps
Receiving body : Lake 25
Control elev : 2.5 feet NGVD.
Basin: Basin 4
I-3D' W X 1.5' H SHARP CRESTED weir with crest at elev. 2.5' NGVD.
Receiving body Lake 25
control elev : 2.5 feet NGVD.
Basin: Basin 6
I-3D' W X 1.5' H SHARP CRESTED weir wi~h crest at elev. 2.5' NGVD.
Receiving body Lake 25
Control elev 2.5 feet NGVD.
4. The permittee shall be responsible for the correction of any erosion, shoaling or
water quality problems that result from the construction or operation of the surface
water management system.
5. Measures shall be taken during construction to insure that sedimentation and/or
turbidity violations do not occur in the receiving water.
6. The District reserves the right to require that additional water quality treatment
methods be incorporated into the drainage system if such measures are shown to be
necessary.
7. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two
feet below the control elevation. Side slopes shall be nurtured or planted from 2
feet below to 1 foot above control elevation to insure vegetative growth, unless
shown on the plans.
B.' Facilities other than those stated herein shall not be constructed without an
approved modification of this permit.
9. A stable, permanent and accessible elevation reference shall be established on or
within one hundred (100) feet of all permitted discharge structures no later than the
submission of the certification report. The location of the elevation reference must
be noted on or with the certification report.
10. The permittee shall provide routine maintenance of all of the components of the
surface water management system in order to remove all trapped sediments/debris. All
materials shall be properly disposed of as required by law. Failure to properly
maintain the system may result in adverse flooding conditions.
11, This permit is issued based on the applicant's submitted information which reasonably
demonstrates that adverse water resource related impacts will not be caused by the
completed permit activity. Should any adverse impacts caused by the completed
surface water management system occur, the District will require the permittee to
provide appropriate mitigation to the District or other impacted party. The District
will require the permittee to modify the surface water management system, if
necessary, to eliminate the cause of the adverse impacts.
12. Minimum building floor elevation:
BASIN: Basin 2 - 7.00 feet NGVD.
BASIN: Basin 3 - 7.00 feet NGVD.
PERMIT NO: 11-02383-P
PAGE 3 OF 6
BASIN: Basin 4 - 7.00 feet NGVD.
BASIN: Basin 1 - 7.00 feet NGVD.
BASIN: Basin 9 - 7.00 feet NGVD.
BASIN: Basin 7 - 7.00 feet NGVD.
BASIN: Basin 8 - 7.00 feet NGVD.
BASIN: Basin 5 - 7.00 feet NGVD.
BASIN: Basin 6 - 7.00 feet NGVD.
13. Minimum road crown elevation:
Basin: Basin 2 - 5.50 feet NGVD.
Basin: Basin 3 - 5.50 feet NGVD.
Basin: Basin 4 - 5.50 feet NGVD.
Basin: Basin 1 - 5.50 feet NGVD.
Basin: Basin 9 - 5.50 feet NGVD.
Basin: Basin 7 - 5.50 feet NGVD.
Basin: Basin 8 - 5.50 feet NGVD.
Basin: Basin 5 - 5.50 feet NGVD.
Basin: Basin 6 - 6.96 feet NGVD.
14, The Permittee shall utilize the criteria contained in the Construction Pollution
Prevention Plan (Exhibit Nos. 4.0-4.4) and on the applicable approved construction
drawings for the duration of the projects construction activities.
15, The Urban Stormwater Management Program (Exhibit Nos. 3.0-3.3) shall be included as
part of the (Homeowners documents/Articles of incorporation/Property Owners
association documents) prior to being' recorded. Prior to recording of the Home
Association Documents the amended documents shall be submitted to the Enforcement and
Compliance section at the Fort Myers Lower West Coast Service Center for approval.
15. Exhibits Nos, 3.0-3.~ and 4.0-4.4 are incorporated by reference and shall be retained
in the permit file.
17. Pumps may only be operated manually during daylight hours between June to October
when the following criteria are met. Pumps shall not start until the water level
exceeds 4.92 feet NGVD in Lake 8 and 4.7 feet NGVD in Lake 14. Pumps shall stop no
lower than elevation 3.0 feet NGVD in Lake 8 or Lake 14.
18. The lakes shall be constructed without dewatering as indicated in the application
submittal.
PERMIT NO: 11-02383-P
PAGE 4 OF 6
GENERAL CONDITIONS
1.
All activities authorized by this permit shall be implemented as set forth in the
plans, specifications and performance criteria as approved by this permit. Any
deviation from the permitted activity and the conditions for undertaking that
activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S.
2.
This permit or a copy thereof, complete with all conditions, attachments, exhibits,
and modifications shall be kept at the work site of the permitted acti vi ty, The
complete permit shall be available for review at the work site upon request by
District staff. The permittee shall require the contractor to review the complete
permi.t prior to commencement of the activity authorized by this permit.
3.
Activities approved by this permit shall be conducted in a manner which does not
cause violations of State water quality standards. The permittee shall implement best
management practices for erosion and pollution control to prevent violation of State
water quality standards. Temporary erosion control shall be implemented prior to and
during construction, and permanent control measures shall be completed within 7 days
of any construction activity. Turbidity barriers shall be installed and maintained
at all locations where the possibility of transferring suspended solids into the
receiving waterbody exists due to the permitted work. Turbidity barriers shall
remain in place at all locations until construction is completed and soils are
stabilized and vegetation has been established. All practices shall be in accordance
with the guidelines and specifications described in Chapter 6 of the Florida Land
Development Manuäl¡ A Guide to Sound Land and Water Management (Department of
Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, F.A.C.
unless a project-specific erosion and sediment control plan is approved as part of
the permit. Thereafter the permittee shall be responsible for the removal of the
barriers, The permittee shall correct any erosion or shoaling that causes adverse
impacts to the water resources.
4.
The permittee shall notify the District of the anticipated construction start date
within 30 days of the date that this permit is issued. At least 48 hours prior to
commencement of activity authorized by this permit, the permittee shall submit to the
District an Environmental Resource Permit Construction Commencement Notice Form
Number 0960 indicating the actual start date and the expected construction completion
date.
~ ,
When the duration of construction will exceed one year, the permittee shall submit
construction status reports to the District on an annual basis utilizing an annual
status report form. Status report forms shall be submitted the following JUne of
each year.
6.
Within 30 days after completion of construction of the permitted activity, the
permitee shall submit a written statement of completion and certification by a
professional engineer or other individual authorized by law, utilizing the supplied
Environmental Resource/Surface Water Management Permit Construction
Completion/Certification Form Number OB81A, or Environmental Resource/Surface Water
Management Permit Construction Completion Certification For Projects Permitted
prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E-1.659,
F .A. C. The statement of completion and certification shall be based on onsite
observation of construction or review of as-built drawings for the purpose of
determining if the work was completed in compliance with permitted plans and
specifications. This submittal shall serve to notify the District that the system is
ready for inspection. Additionally I if deviation from the approved drawings are
discovered during the certification process, the certification must be accompanied by
a copy of the approved permit drawings with deviations noted. Both the original and
revised specifications must be clearly shown. The plans must be clearly labeled as
"as-built" or "record" drawings. All surveyed dimensions and elevations shall be
. ."~--'._~---.--..~'
PERMIT NO: 11-02383-P
PAGE 5 OF 6
certified by a registered surveyor.
7. The operation phase of this permit shall not become effective: until the permittee
has complied with the requirements of condition (6) above, and submitted a request
for conversion of Environmental Resource Permit from Construction Phase to Operation
Phase, Form No. 0920; the District determines the system to be in compliance with the
permitted plans and specifications; and the entity approved by the District in
accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental
Resource Permit Applications within the South Florida Water Management District,
accepts responsibility for operation and maintenance of the system. The permit shall
not be transferred to such approved operation and maintenance entity until the
operation phase of the permit becomes effective. Following inspection and approval
of the permitted system by the District, the permittee shall initiate transfer of the
permit to the approved responsible operating entity if different from the permittee.
until the permit is transferred pursuant to Section 40E-l,6107, F.A.C., the permittee
shall be liable for compliance with the terms of the permit.
8. Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of
the permitted use of site infrastructure located within the area served by that
portion or phase of the system. Each phase or independent portion of the system must
be completed in accordance with the permitted plans and permit conditions prior to
transfer of responsibility for operation and maintenance of the phase or portion of
the system to a local government or other responsible entity.
9. For those systems that will be operated or maintained by an entity that will require
an easement or deed restriction in order to enable that entity to operate or maintain
the system in conformance with this permit, such easement or deed restriction must be
recorded in the public records and submitted to the District along with any other
final operation and maintenance documents required by Sections 9.0 and 10.0 of the
Basis of Review for Environmental Resource Permit applications within the South
Florida Water Management District, prior to lot or units sales or prior to the
completion of the system, whichever comes first. Other documents concerning the
establishment and authority of the operating entity must be filed with the Secretary
of State, county or municipal entities. Final operation and maintenance documents
must be received by the District when maintenance and operation of the system is
accepted by the local government entity. Failure to submit the appropriate final
documents will result in the permittee remaining liable for carrying out maintenance
and operation of the permitted system and any other permit conditions.
10. Should any other regulatory agency require changes to the permitted system, the
permittee shall notify the District in writing of the changes prior to implementation
so that a determination can be made whether a permit modification is required.
11. This permit does not eliminate the necessity to obtain any required federal, state,
local and special district authorizations prior to the start of any activity approved
by this permit. This permit does not convey to the permi ttee or create in the
permittee any property right, or any interest in real property, nor does it authorize
any entrance upon or activities on property which is not owned or controlled by the
permittee, or convey any rights or privileges other than those specified in the
permit and Chapter 40E-4 or Chapter 40E-40, F.A.C..
12. The permittee is hereby advised that Section 253.77, F. S. states that a person may
not commence any excavation, construction, or other activity involving the use of
sovereign or other lands of the State, the title to which is vested in the Board of
Trustees of the Internal Improvement Trust Fund without obtaining the required lease,
license, easement, or other form of consent authorizing the proposed use. Therefore,
the permittee is responsible for obtaining any necessary authorizations from the
Board of Trustees prior to commencing activity on sovereignty lands or other state-
PERMIT NO:
1l-02383-P
PAGE 6
OF 6
owned lands.
13. The permittee must obtain a Water Use permit prior to construction dewatering, unless
the work qualifies for a general permit pursuant to Subsection 40E-20.302(3), F.A.C.,
also known as the "No Notice" Rule.
14. The permittee shall hold and save the District harmless from any and all damages,
claims, or liabilities which may arise by reason of the construction, alteration,
operation, maintenance, removal, abandonment or use of any system authorized by the
permit.
15. Any delineation of the extent of a wetland or other surface water submitted as part
of the permit application, including plans or other supporting documentation, shall
not be considered binding, unless a specific condition of this permit or a formal
determination under Section 373.421(2), F.S., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the
real property on which the permitted system is located. All transfers of ownership
or transfers of a permit are subject to the requirements of Rules 40E-1.6105and 40E-
1.6107, F.A.C.. The permittee transferring the permit shall remain liable for
corrective actions that may be required as a result of any violations prior to the
sale, conveyance or other transfer of the system.
17. Upon reasonable notice to the permittee, District authorized staff with proper
identification shall have permission to enter, inspect, sample and test the system to
insure conformity with the plans and specifications approved by the permit,
18. If historical or archaeological artifacts are discovered at any time on the project
site, the permittee shall immediately notify the appropriate District service center.
19. The permittee shall immediately notify the District in writing of any previously
submitted information that is later discovered to be inaccurate.
PERMIT NO: 11-02383-P
APPL NO: 040402-25
NAPLES GOLF CLUB SOUTH LLC
(BOYNE SOUTH AKA. NAPLES GOLF CLUB SOUTH)
7100 W CAMINO REAL STE 402
BOCA RATON, FL 33433
NAPLES SOUTH LLC
(BOYNE SOUTH AKA. NAPLES GOLF CLUB SOUTH)
7100 W CAMINO REAL SUITE 402
BOCA RATON, FL 33433
NAPLES GOLF DEVELOPMENT LLC
(BOYNE SOUTH AKA. NAPLES GOLF CLUB SOUTH)
7100 W CAMINO REAL SUITE 402
BOCA RATON, FL 33433
ENVIRONMENTAL RESOURCE PERMn
CH,'-\r'TER 40E-4 (1 01Ð5)
40E·4.321
Duration of Permits
(1) Unless revoked or otheNv'ise modified the duration of an environmental resource peim¡~
issued under this chapter or Chapter 40E-40, FAC is as follows
(3) For 3 conceptual approval, riVO years f¡-om the date of issuance or the date specifie,j as 2
condilion of the permit, unless within that period an application for an individual or standard genera!
permit is filed for any portion of the project If an application for an environmental resource permit is fìlec
then the conceptual approval remains valid until final action is taken on the environmental resource perrT;¡~
application If the application IS granted, then the conceptual approval is valid for an ad.jitlonal two years
from the date of issuance of the permit Conceptual approvals which have no Individual or standard
g~!ne(3¡ enviwnmental res.ource permit applications filed for a penod of two years shall expire
autm71a¡icaii', at the end of the two year period
;.c) For a conceptual approval fiied concurrent!y v'lith a aeve!opment of regional impact (DR\.\
appiicat!on'c! d8velopment approval (ADA) and a local government comprehensive plan amendment, the
juration::: the conceptual approval shaH be two years from v'Ihichever one of the foi:owing occurs at the
latest date
1 the effective date of the local governments comprehensive plan amendment
2 the effective date of the local government development order
3. the date on which the District issues the conceptual approval or
4 the latest date of the resolution of any Chapter 12057, FAC., administrative proceecjing
Cy etfie' legal appeals
(e) For an Iildlvidual or standard genera: environment::¡1 resource psr;-nit five years from the
G3te of issuance or such amount of time as made a condition of the permit
(d) For a noticed general permit issued pursuant to chap,e; 40-t:-40C:. F .4.::::' five vears rron;
',(19 date'che nor!ce oi Intent to use trle permit is provided to the DistnC'.
(2)(31 Uniess prescribed by specl8.1 permit condition permits eXD!re automatlcallv accordirg to
me timerrames Indicated in tr1is rule It application for extension is made in INiitlng pursJant to SUOS2C¡¡::,-
1,3'1 the permit shall remain in fuli force and effect until
the Governi:1g Board takes action en an appl:cation for e;(tens:on of an individual pe'rï1!t
-.,¡'
::: staff takes action on an application for extension of a standa:-d genera! permit
(0) Instal!ation of the project outfall structure shall not constitute a vesting of the permit
(3) The permit extension shail be issued provided that a permittee files a written request witli
tne D:stric[ showing gOOd cause prior to the expiration of the permit For tne purpose of t\lis rule, good
':aJse Sh2'; m'O!3n a set of 8xten\Jating circumstances outside of tne control Qf the oerrrittee Re::¡uests for
extensions which shalllnc:lude documentatton of me extenuating circumstances and how they ha'v'e
delayed tnis proJect, will no; be accepted more than 180 days prior to the expiration date
(1 Substantial modifications to Conceptual Approvais WII! extend the duration of tr,e
Conceptuai Approva! for two years from the date of issuance of the modification For the purposes of this
section, the term "substantial modification" shal! mean a modification which is reasonably expected to
lead to substantiaily different water resource or environmental impacts which require a detailed review.
(5) Substantial modifications to individual 0, standard general environmental resource
permits issued pursuant to a permit application extend the duration of the permit for three years from the
date of issuance of the modification Individual or standard general environmental resource permit
mcdifications do not extend the duration of a conceptual approval
(6) Permit modifications Issued pursuant to subsection 40E-4.331 (2)(b), F ,;C. (letter
modifications) do not extend the duration of a permit
(7) Failure to complete construction or alteration of the surface water management system
and obtain operation phase approval from the District within the permit duration shall require a new permit
authorization in order to continue construction unless a permit extension is granted.
Specific al~thcr;ty 373044 373113 F.S L8W Imp1errented 373 413. 373416, 373 419. 373.426 F. S Histof\.'-f'lew 9-3-81 ,
Amended 1-31-82.12-1.82. Formerly 15K-407í4), Amended 7·1·86,4/20/94. Amenoed 7-1-86. 4/20/94.10-3-35