Aviano at Naples
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue iifsoA, Aemmtstrative Assistant
FROM: John R. Houldsworth, Senior Engin~\..l
DATE: April 6, 2005
RE: AV~~>iM:lNeples
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Aviano at
Naples. This document has been reviewed by Engineering Review
and the County Attorney's Office. Collier County Reso~ution 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
PRELIMINARY WORK AUTHORIZATION
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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 Hearthstone Multi-Asset Entity A, L.P. hereinafter referred
to as "owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 02-43 known as the
Balmoral PUD Ordinance, hereinafter referred to as the Aviano at Naples ; and
WHEREAS, owner represents and warrants it is the record fee title owner of the lands
described in A viano at Naples, 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 Aviano at Naples SFWMD
Application No. 11-023; 49-P; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because mobilizing, clearing and grading will commence during the dry season; 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 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 I O,02.;,O%f 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:
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SECTION I - 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:
· Site Clearing · Grubbing · Lake Excavation . Earthwork
The preliminary work detailed in this Section shall be in accordance with plans entitled
Aviano at Naples consisting of ~_ sheets, prepared by Johnson Engineering, Inc.,
dated 0311 5/05 hereinafter referred to as "The Preliminary Work". The legal
description of the boundaries of the preliminary Work is shown on the preliminary plat
for Aviano at Naples consisting of --2_ sheets prepared by Johnson Engineering,
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:
PPL, Lake Excavation
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
SECTION 4 - APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to
plat approval once condition a. in Section 3 above has been satisfied. Owner understands
and acknowledges that no building permit for habitable structures within the A viano at
Naples until the Aviano at Naples 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 ofthe
preliminary Work permits if the project's final plat is not submitted to the Board of
County Commissioners for approval pursuant to (jap~lOofthe 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
condition a. 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.
3
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
ge
HEARTHSTONE MULTI-ASSET ENTITY A, L.P.
a California limited partnership
Witness Printed name and Title By:
tcl/ ()Jtt. Sr.L.erJ~1 /fccI-.
Printed Name
~
Witness
MSIII GP, LLC,
a California limited liability company
General Partner
By: HEARTHSTONE, INC.
a California corporati
r
Manager 1
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Printed Name
By:
r y T. Carver
xecutive Vice President-General Counsel
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ATT:e.sT:,';3;:':7'if'':\ '., ~ ".
Dwjght ,E":IBteck, Clerk 'or~ollier County, Florida
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Approved as to form and legal
sufficiency:
lD~
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(Appropriate Notary Block for Owner)
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4
Document:
Preliminary Work Authorization
Hearthstone Multi-Asset Entity A, L.P. (Balmoral)
State of California )
) ss,
County of Marin )
On March 29,2005, before me, Angie Wong, Notary Public, personally appeared TRACY T.
CARVER, personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
~~?~
Notary's Signature
.~ ..~f
ANGIE WONG c'
COMM, # 1532078 ...
C!i"r~~ NOTARY PUBUC-CAUfORrJlA G)
~.. 0~c MARIN COUNTY (1
~ COMM, EXP. DEe. 4, 200d::
~o ___ ____ ___ ___ ___ ___ ~___ ___ ___ '\:~:,;....;:..
(Seal)
s
,04/05/05 10:32 FAX 2394349320
JOHNSON ENGINEER
l4J002
DESCRIPTION:
A PARCEL OF LAND LOCATED IN SECTION 18. TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLliER COUNTY, FLORIDA AND BEING MORE PAI~TICULARL Y DESCRIBED
AS FOLLOWS:
,
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 18. TOWNSHIP 49 SOUTH, RANGE 26 EAST,'
COLliER COUNTY. FLORIDA FOR A POINT OF BEGINNING AND RUN NORTH'
89"34'54" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER, A DISTANCE OF 1291.30 FEET TO THE NORTHEAST
CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE
RUN SOUTH 00'17'33" EAST ALONG THE EAST LINE OF SAID SOUTHWEST ,
QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 660.18 FEET TO THE
SOUTHEAST CORNER OF THE NORTH HALF OF SAID SOUTHWEST QUARTER OF '
THE SOUTHWEST QUARTER; THENCE RUN NORTH 89.34'37" EAST ALONG THE
NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 1303.57 FEET TO THE NORTHEAST
CORNER OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER; THENCE RUN SOUTH 00.25'50" EAST ALONG THE E;,AST
LINE OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER, A DISTANCE OF 660.07 FEET TO A POINT ON THE SOUTH LINE OF"
SAID SECTION 18; THENCE RUN SOUTH 89'34'20" WEST ALONG SAID SOUTH
LINE, A DISTANCE OF 2569.40 FEET TO AN INTERSECTION WITH THE EASTERLY
RIGHT-OF-WAY LINE OF liVINGSTON ROAD AS PER ORDER OF TAKING
RECORDED IN OFFICIAL RECORDS BOOK 2854, PAGE 1387 OF THE PUBliC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00'09'54" WEST
,
ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 660.29 FEET TO
A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF SAID SOUTHWEST QUARTER OF SECTION 18; THENCE RUN SOUTH
89'34'36" WEST ALONG SAID NORTH LINE AND SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF THE NORTH
HALF OF SAID SOUTHWEST QUARTER OF THE SOUTHWF.ST QUARTER OF SECTION
18; THENCE RUN NORTH 00'09'54" WEST ALONG THE WEST LINE OF SAID
,
SECTION 18 AND SAID EASTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 660,.30
FEET TO THE SAID POINT OF BEGINN!NG. .
PARCEL CONTAINS 2,548,303.44 SQUARE FEET OR 58.50 ACRES, MORE OR
LESS,
EXHIBIT
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