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Montreux at Fiddler's CreekCOMMUNITY DEVELOPMENT &~',, ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer~ DATE: October 4, 2000 RE: Montreux at Fiddler's Creek Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Montreux at Fiddler's Creek. 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 Fiddler's Creek Parcel 17 PRELIMINARY WORK AWFHORIZATION THIS AGREEMENT made and entered into this. ;//' day of ~~ ,_2000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County", and GBFC Development, Ltd., hereinafter referred to as the "Owner". WHEREAS, the County has adopted Collier County Ordinance No. 98-13 known as the Fiddler's Creek PUD Ordinance, hereinafter referred to as the "PUD"; and WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in O.R. Book 1911, Page 144 of 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 approved the surface water management permit for Fiddler's Creek, 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 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 - 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. F:\JOB\FIDCREEKWIWM\PREL 17.doc FC17.PLT Fiddler's Creek Parcel 17 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) Clearing 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 entitled Fiddler's Creek Parcel 17 consisting of 8 sheets, prepared by Q. Grady Minor & Associates, P.A., dated August, 2000 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 Parcel 17 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 Parcel 17 consisting of 12 sheets, prepared Q. Grady Minor & Associates, P.A.. 2) Final plat for Fiddler's Creek Parcel 17 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 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 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. F:~lOB\FIDCREEK\MWM\PREL 17.doc FC17.PLT Fiddler's Creek Parcel 17 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 A and B 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 Parcel 17 until the Fiddler's Creek Parcel 17 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 transferrable. 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 A and 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 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. F:\JOB\FIDCREEK\MWM\PREL17.doc FC17.PLT IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. ~itness Printed Name Witness Printed Name By: GBFC D~velopment~Ltdq · By: ~/(~/~ S~/~f~A--~' Attorney-in-fact & Not Individually ATTEST: : Dwight E. Brock;.CLERK BOARD OF COUNTY COMMISSIONERS , _ OF COLLIER COUNTY.~aORIDA . ~i ~ency: STATE OF FLORIDA COUNTY OF LEE The foregoing instmmem was acknowledged before me this [ c°'x ~ day of ~ c, ~x- 2000, by Mark P. Strain, Attorney-in-fact for GBFC Development, Ltd. He is p.ersom~_~ known to me and did not take an oath. My Commission Expires: C>c~ [ox ./.~.'"" .~.~'~. Notary Public, State of Florid ~0_11 I Printed Name of Notary Public F:\JOB\FIDCREEK\MWM\PREL 17.doc FCi7.PLT ~C"[AL DEPICtiON OF TH~ SU~UIVIUkU LANUb UtbCmtlLU 'EIN AND WILL /N NO CIRCUMSTANCES BE SUPPLANTED 4UFHOR/TY BY ANY OTHER GRAPHIC OR D/¢/TAL FORM THE PLAT. THERE MAY BE ADDItiONAL IT ARE NOT RECORDED ON THIS PLAT /ND /N THE PUBLIC RECORDS OF THIS RESTRICtiONS THA T MA Y BE COUNTY. COUNTY THIS PLAT APPROVED IN REG~ COUNTY COMMISSIONERS OF DAY OF .............. THE PLAT IS FILED IN THE 0£ COURT OF COLLIER COUNTY, LEGAL DESCRIPTION ~G~/ AT THE NORTHWESTERL YWOST CORNER 0c F/DDLER'S CREEK PARKWAY (TRACT 'R'); ALSO BEING THE INTERSECtiON OF THE NORTHWESTERLY RIGHT- OF-WAY LiNE (EXTENDED) OF F/DOLER'S CREEK PARKWAY (100' RIGHT-OF-WAY) ~TH THE CUSP OF THE NORTHERLY RIGHT-OF-WAY LINE (100' RIGHT-OF-WAY) OF CHAMPIONSHIP DRIVE AS SHO~/N ON THE PLAT OF FIDDLER'S CREEK PHASE IB, UNIT THREE, RECORDED IN PLAT BOOK 29 AT PACES 77 THROUCH 85 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN, ALONC SAID NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE, THE FOLLO~4NC THREE (5) COURSES: BEQN AT A POINT ON A CIRCULAR CURVE CONCAVE NORTHERLY, t~HOSE RADIUS POINT BEARS N 44'55'00' W A DISTANCE OF 5000 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HA~NG A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00~ SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF N 89'53'00" W, FOR AN ARC LENGTH OF 78.54 FEET TO THE END OF SAID CURVE; THENCE RUN N 44'53'00' W FOR A O/STANCE OF 351.89 FEET TO THE BECINNINC OF A TANGENtiAL CIRCULAR CURVE CONCAVE SOUTHWESTERLY,' THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HA~NC A RADIUS OF 4050.00 FEET. THROUGH A CENTRAL ANGLE OF 12'12'1.~ SUBTENDED BY A CHORD OF 86099 FEET AT A BEARING OF N 50'59'07" W, FOR AN ARC LENGTH OF 882.62 FEET TO THE END OF SAID CURVE,. THENCE RUN N 57'05'~3' W FOR A DISTANCE OF 181,31 FEET; THENCE LEA~NC SAID RIGHT-OF-WAY LINE AND RUNNINC ALONG THE LINES OF GOLF COURSE PARCEL 3 AS SHO~V ON THE PLAT OF MARCO SHORES UNIT 30 COLT COURSE, RECORDED IN PLAT BOOK ~7 AT PACES 98 THROUCH ~03, THE FOLLOWING SIX (6) COURSES: THENCE RUN N 32'§4'47' E FOR A DISTANCE OF 150.00 FEET; THENCE RUN S 67'58'59' E FOR A DISTANCE OF 1.~§~ 0! FEET,' THENCE RUN N 7J'07'05' E FOR A DISTANCE OF S82.16 FEET; THENCE RUN N 81'11'18~ E FOR A O/STANCE OF 296.28 FEET; THENCE RUN S 72'~3'~0" E FOR A D/STANCE OF 220.98 FEET; THENCE RUN S 05'29'51' E FOR A DISTANCE OF 101.16 FEET,' THENCE LEA VINC THE LINES OF SAIO COLT COURSE PARCEL J, RUN S 81'I8'16' W FOR A DISTANCE OF 258,64 FEET TO THE BEGINNING OF A TANOENTIAL CIRCULAR CURVE SOUTHEASTERLY, THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF ~300.00 FEET, THROUGH A CENTRAL ANGLE OF SUBTENDED BY A CHORD OF 80Z50 FEET AT A BEARING OF S 6~T'f2'38" FOR AN ARC LENGTH OF 82L07 FEET TO THE ENO OF SAID CURVE; THENCE RUN S 45'07'00" W FOR A DISTANCE OF ~.~5,84 FEET TO THE PO~/T CONTAININC 15.719 ACRES, MORE OR LES~ COUNTY SURVEYOR AND MAPPER THIS PLAT REVIEWED BY THE COUNTY SURVEYOR AND MAPPER THIS ___ DAY OF DY~GHT £ BROCK CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNI ATTEST. FILIN I HEREBY CERTIFY THAT THL THAT IT COMPLIES Y~TH THE OF THE STATE OF FLORIDA. WAS FILED FOR RECORD AT_ 2000, AND RECORDED IN PU THROUGH ...... OF THE P TITLE STATE OF FLORIDA COUNTY OF COLLIER I, MARK J WOODWARD, A OUI CERTIFY THAT I HAVE EXAM/iv THE tiTLE IS VESTED IN OBFd AS RECORDED/N OFFICIAL R[ OF THE PUBLIC RECORDS OF TAXES HA VE BEEN PAID; ANZ AND MORTGAGES, EXCEPT TH TOMEN AMERICA /NO, AS REi OFFICIAL RECORDS BOOK AGREEMENT, RECORDED IN AND LEASES, RECORDED IN STATEMENT, RECORDED /N RECORDS OF COLLIER COUNI