Fiddler's Creek, Ph 2A, U3COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior EngineerJo
DATE: November 1, 2000
RE:
Fiddler's Creek Phase 2A, Unit Three
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Fiddler's Creek Phase 2A, Unit Three. 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, PHASE 2A, UNIT THREE
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this 12th day of October, 2000, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "County", and 951 LAND HOLDINGS, LTD., (hereinafter "Owner").
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 98-13 known as the
FIDDLER'S CREEK, PHASE 2A, UNIT THREE Ordinance, hereinafter referred to as the PUD;
and
WHEREAS, the Owner represents and warrants it is the record fee title owner of the
lands described in FIDDLER'S CREEK, PHASE 2A, UNIT THREE, said legal description
attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District issued a surface water
management permit for FIDDLER'S CREEK, PHASE 2A, UNIT THREE, SFWMD Application
No. 000223-3 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 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 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:
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SECTION 1 - ACKNOWLEDGMENT
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
Owner shall be permitted to perform site preparation and construction activities subject to
the conditions, limitations and restrictions contained in Sections 3 through 6 below, as
follows:
Earthwork necessary for the installation of water and sewer lines, drainage pipes,
swales and roadbed preparation.
2. Installation of storm drainage pipes and swales.
The preliminary work detailed in this Section shall be in accordance with plans entitled
CONSTRUCTION PLANS FOR PHASE 2A, UNIT THREE AT FIDDLER'S CREEK
consisting of 22 sheets, prepared by HOLE, MONTES & ASSOCIATES, INC., dated June, 2000
and revised August, 2000, hereinafter referred to as "The Preliminary Work." The legal
description of the boundaries of the Preliminary Work is shown on the preliminary plat for
FIDDLER'S CREEK, PHASE 2A, UNIT THREE consisting of 5 sheets prepared by THOMAS
M. MURPHY, PSM., HOLE, MONTES AND ASSOCIATES, INC.
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:
FIDDLER'S CREEK, PHASE 2A, UNIT THREE, construction plans consisting
of 22 sheets prepared by Hole, Montes and Associates, Inc.
FIDDLER'S CREEK, PHASE 2A, UNIT THREE, final plat consisting of 5
sheets prepared by Hole, Montes & Associates, Inc.
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
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.
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Page 2
Owner submitting 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.
SECTION 4 - INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss,
damage or expenses from claims or causes of action, including attorneys fees and court costs,
resulting from, arising out of, or 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 the Agreement.
SECTION 5 - RESTRICTIONS
This Agreement shall be binding upon the parties and is not transferable.
SECTION 6 - 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 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 cannot
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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1N WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
OWNER
Signed, Sealed and Delivered
In the pr~esence off
Pr~ype Name
..... , torin! 9r, ~ ~2(~%e Name
Clerk
Chairman's
signature .onl$,
~r~s~to,~ and legal sufficiency:
Patrick ~vhi~, Assistant Co~ty Attorney
STATE OF: Florida
COUNTY OF: Collier
951 LAND HOLDINGS, LTD.
MarkiP. Strain, Attorney-in-Fact
BOARD OF COUNTY COMMISSIONERS
OF COLLI~ORIDA
The foregoing instrument was acknowledged before me this 12th day of October, 2000
by Mark P. Strain, Attorue¥-in-Fact for 951 LAND HOLDINGS, LTD., a Corporation
authorized to do business in the state of Florida. He is personally known to me and did not take
an oath. c~,g/_~-~ ~ c//~'d,~ ~t/a~7_~Z
My Commission Expires
eves:
NOTARY PUBLIC
Commission Number
Printed Name of Notary Public
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PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED [N A PC~R1]ON OF SECTION 14, TO~M~ISHIP 51 SOUI~I, RANGE 26 EAST. COLLIER COUNTY.
FLORIDA, BEING MORE PAR1]CUCARLY DESCRIBED AS FOGLOWS:
BEGIN AT THE NORTHEAST CORNER OF '~ACT E. FIDDLER'S CR~r'K PHASE lB, UNIT THREE ACCORDING TO THE PLAT
THE~REOF RECORDED IN PLAT BOOK 29 AT PAGES 77 ~-IROUGH 85 OF THE PUBUC RECORDS OF CO(.UE~ COUNTY,
FLORIDA. THE SAME BEING A POINT ON THE; NORTH LiNE OF THE SOUTH ONE-HALF OF THE NORTHWEST
ONE-QUARTER OF BECKON 14, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
S.88~0'~4'E., ALONG THE NORTH UNE OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARteR oF SAiD
SEC~ON 1~, FOR A DISTANCE OF 1723.51 FEINT TO THE NORTHWE_ST CORNER OF THE SOUTH ONE-HALF OF THE
NOI~THEAST ONE-OUAR~R OF SAID SECTION 141 THENCE RUN S. SS~O'44.'E., ALONG THE NORI~I LINE OF THE
ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14. FOR A DISTANC~ OF 1915.99 FEET; THENCE RUN
5-57~0'20'W., FOR A DISTANCE O~ 91.95 FEET; THENC~ RUN S.S2"59'40'E., FOR A DISTANCE OF lO0.00 FEET;
THENCE RUN N.57~O'20'E_, FOR A DISTANC~ OF 70.94 FLEET; THENCE RUN $.8,8'20'44.'E., FOR A DISTANCE OF 712.:~1
F~.f: THENC~ RUN ~DO'26*31'E., FOR A DISTANCE OF 4~3.2B ~1 TO A POINT ON A C. JRCUI.A~ CURVE, CONCAVE
NORTHERLY, WHOSE RADIUS POINT BEARS N.OS"JS'O2'W., A DISTANCE OF' 700.00 FEET THE~oM; THENCE RUN
WES1F-RL~' ALONG 1HE ARC OF SAID CUR~E TO THE RIGHT. HAVING A RADIUS OF 700.00 FE~T. THROUGH A CENTRAL
AN(~.E OF ~2~B'22', SUBI~NDED BY A CHORD OF 505.20 ~ AT A BEARING OF N.74'~B'Sl~W., FOR A DISTANCE OF
$16.87 FEET TO THE END OF SAID CURve; THENCE RUN N. S2'59'40'W., FOR A DISTANCE OF 338.26 FEET~ THENCE
RUN S..37'DO'20'W.. FOR A DISTANCE OF 100.00 FEET; THENCE RUN S.52'59',4.0'F-, FOR A DISTANCE OF 538.26 FEE--F
TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE. CONCAVE NORTHEAS1F_J~LY; THENCE RUN SOUTHEAS1ERLY
ALONG THE ARC OF SAID OURYE TO THE LEFT, HAV1NG A RADIUS OF 800.DO I'~.~.L THROUGH A CENTRAl- ANGLE OF
20~0'46', SUB~ENDED BY A CHORD OF Za2.60 FEET AT A BEARING OF S.63'10'03'E., FOR A DISTANCE OF 2B~,09
FEET TO THE END OF SAID CURVE; ~'IENCE RUN s.le~Jg°sa~'W., FOR A DISTANCE OF 109.51 Y~-~.H THENCE RUN
N,81'56'31'W.. FOR A DISTANCE OF 555.71 FEET TO THE BEGINNING OF A TANGENTAL CIRCULAR CURYE. CONCAVE
NORTHERLY; THENCE RUN WES~LY ALONG THE ARC OF SAID CJJRVE TO THE RIGHT, HAVING A RADIUS OF' 380.01
FEE-T, THROUGH A CEN~AL ANGLE OF 0B'38'0~', SUBteNDED BY A CHORD OF 57.22 Pb.b./ AT A BEARING OF
N.77'37'2S'W.. FOR A DISTANCE OF 57.27 FEET TO A POINT OF COMPOUND CURVE. CONCAVE NOR'I~EASTERL¥;
THENCE RUN NORTH~F-$TERI.Y ALONG THE ARC OF SAID CUR~4~ TO THE RIGHT. HA~NG A RADIUS OF 50,00
THROUGH A CENTRAL ANGLE OF 68'31'5~', SUBTlENORD BY A CHORD OI; 54.85 FEET AT A BEARING OF
FOR A DISTANCE OF 5B. 06 FEET TO A POINT OF RE~r-R~[ CURVE, CONCAVE SOUTHWES ~T;-c~RLY-' THENCE RUN
NORTHWES~D~I.Y, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 ~b~.r. TI-IROUGH A
CENTRAL ANGI-E OF' 46'12'35', SUB~]dDED BY A CHORD OF' 39.2~ FEET AT A BEARING OF N.Z9~i2'SD'W_. FOR A
DISTANCE OF 40.33 FEET TO THE END OF SAID CURVE; THENCE RUN N.52'sg'o7'w., FOR A DISTANCE OF 7S.15 FEET:
THENCE RUN S.37'00°20'Vf., FOR A DISTANCE OF 257.20 FE~T TO THE ~EGINNING OF A TANGENTIAL CIRCULAR CURVE,
CONCAVE SOUTHEASTERLY;, ~HENCE RUN SOUTHV4[STERLY ALONG THE ARC OF SAID CURVI~ TO THE LEFT, HAVING A
RADIUS OF 87~.99 FEET, THROUGH A CENTRAL ANGER OF 00'4~'32', SUBTENDED BY A CHORD OF ~1.07 FEET AT A
BEARING OF S.56'~B*34~W.. FOR A DISTANCE OF 11.07 ~.~ TO A POINT OF REVERSE CURVE. THE SAblE BEING A
POINT ON THE BOUNDARY OF GOLF' COURSE PARCEL a~, MARCO ~"[ORES UNIT 50 GOLF COURSE, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF' THE PUBLIC RECORDS OF OOLL]ER
COUNTY, FLORIDA; THENCE RUN $OUTHWE-g;~ERLY ALONG THE BOUNDARY OF SAID GOLF COURSE PARCEL '~ AND
ALONG THE ARC OF' SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,050.00 F~c~'T, THROUGH A CEN~;~AL ANG[,E
OF 22'1B'~6", SUBTENDED BY A CHORD OF 406.27 FF_ET AT A BEARING OF S.a,7'26'OE'W., FOR A DISTANCE OF
408.85 FEET TO THE END OF SAID CURVE THE SAME BFING A POINT ON THE BOUNDARY OF TRACT R (FIDDLER'S
OREEX PARKWAY A 100.00 FOOT RIGHT-OF-WAY) OF FIDOLER'$ CREEK PHASE 2A, UNIT TWO, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK . AT PAGES . AND . . OF THE PUBLIC RECORDS OF COLUER
COUNTT, FLORIDA; THENCE RUN N.31'24°55'W., ALONG THE BOUNDARY OF SAID TRACT R, FOR A DISTANCE OF 100_C~)
FEET TO A POINT ON THE BOUNDARY OF GOLF COURSE PARCEL 3 OF MARCO SHORES UNIT ~0 GO(.F COUR.~
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 9B THROUGH 103 OF THE PUBUC
RECORDS OF COllIER COUNTY, FLORIDA AND TO A POINT ON A CIRCULAR CURVE, CONCAVE NOR~-I~.S~E~LY, WHOSE
RADIUS POINT BEARS N.31'24'-36'W., A DISTANCE OF 950.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG
THE BOUNDARY OF SAID GOLF COURSE PARCEL .3 AND ALONG THE ARC OF SAID CURVE TO THE LEFT. HA~HG A
RADIUS OF 950.00 FEET, THROUGH A CENTRAL ANOIJE OF 21~5'31'0 SUBTEND~ BY A CHORD OF' 550.46 FEET AT A
BEARING OF N.a,7~7'38#E-, FOR A DISTANCE OF 552.48 FEET TO THE END OF SAID CURVE: THENCE RUN
N.63'55'2g'W., ALONG THE BOUNDARY' OF SAID GOLF COURSE PARCEL 5. FOR A DISTANCE OF 995.55 FEET; THENCE
RUN N.~8'2G'iO'W., AloNG THE BOUNDARY OF SAID GOf. F COURSE PARCEL 5, FOR A DISTANCE OF 1,920.53
THENCE RUN ~OD-~6'4~-'W., ALONG THE BOUNDARY OF SAID ~ COURSE PARCEL 3, FOR A DISTANCE OF' 155.84-
FLEET TO THE BEGINNING OF A TANGENItAl OIRCULAR CUR~, CONCAVE WES1ERLT; THENCE RUN SOUTHERLY ALONG
THE BOUNDARY OF SAID C.~ COURSE PARCEL .~ AND ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING A
RADIUS OF 4~0.00 P=~I. THROUGH A CENTRAt. ANOI-E OF 3218'05', ~UBTENDED BY A CHORD OF 267.03 FEET AT A
BEARING OF S. 16'45'4~'W., FOR A DISTANCE OF 270.6D FEET 70 THE END OF SAID CUR~; THE'NCE RUN
S.52'~'47'W., ALONG THE BOUNDARY OF SAID GOLF COURSE PARCEL 5, FOR A DISTANCE OF 97.71 FEET TO A
POINT ON THE BOUNDARY OF TRACT R (CHAMpION:5~IP CRIVE A 100.00 FOOT RIGHT-OF-WAY) OF F1DDLER'S GREEK
PHASE lB. UNIT THREE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 77 THROUGH
OF' THE PUBLIC REC~DS OF COLUER COUNTY, FLORIDA: THENCE RUN N.57'O5'l~'W,, ALONG THE BOUNDARY OF SAID
TRACT R. FOR A DISTANCE OF 115.00 FEET TO THE BEGINNING OF A TANGENTAL CIRCULAR CURVE. CONCAVE
EAS~LT; THENCE RUN NORTHERLy ALONG THE BOUNOARY OF SAID TRACT R AND ALONG THE ARC OF' SAID CURVE
TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET. THROUGH A CEN1RAL ANGLE OF 9D~)O'OD', SUBTENDED BY A
CHCRD OF 55.56 FEET AT A BEARING OF' N.12~5'13'W., FOR A DISTANCE OF 59.27 FEET TO THE END OF SAID
CURVE; THENCE RUN N.52~4*'4.7'E., ALONG THE BOUNDARY OF SAID TRACT R, FOR ^ DISTANCE OF' 10,00 FEET;
THENCE RUN N.57'OS'13'W., ALONG THE BOUNDARY OF SAID TRACT R, FOR A DISTANCE OF ~0.00 Y~J=I; THENCE RUN
s.32~-~a~'a,7'W.. ALONG THE BOUNDARY OF SAiD TRACT R, FOR A DISTANCE OF lO.00 FEET TO THE BEGINNING OF A
TANGENTIAL CIRC~JLAK CURVE, CONCAVE NORTHENL~ THENCE RUN ~S~'.~C~LY ALONG THE BOUNDARY OF SAID TRACT
R AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS O~ 25-00 FEET. THROUGH A CENTRAL
ANG~E OF 90'00'00'. SUBTENDED BY A CHORD OF 35.~6 FEET AT A BEARING OF S.77'§a?47'W., FOR A DISTANCE OF'
59.27 FEET TO THE ENO OF SAiD CUR~ THENCE RUN N.57'OS'15'W., ALONG THE BOUNDARY OF SAID TRACT R, FOR
A DISTANCE OF 115. o0 ~.t.[ TO THE SOUTHEAST CORNER OF TRACT L-18 OF FIDDLER*~ CRI[EK PHASE lB, UNiT
THREE. ACCORDING TO THE PLAT THEREOF RF'CORDED iN PLAT BOOK 29 AT PACES 77 THROUGH 85 OF THE PUBUC
RECORDS OF COI.~ER COUNTY, FLORIDA; THENCE RUN N.52'54'47'E_, ALONG THE BOUNDARY OF SAiD TRACT L-18,
FOR A DISTANCE OF 97.70 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CUR~. CONCAVE
THENCE RUN NORTHERLY ALONG THE~ BOUNDARY OF SAiD ~ACT L--18 AND ALONG THE ARC OF SAID CURVE TO THE
LEI~T, HAVING A RADIUS OF' 150.00 I't,;~l, THROUGH A CENTRAL ANG~ OF 52'~8'05'. SUBTENDED BY A CHORD OF
85.4S FEET AT A BEARING OF N,16'~5'4,5'F_, FOR A DISTANCE OF 84.56 FFFT TO THE END OF SAID CURVE; THENCE
RUN N.OO'~6'4~'E., ALONG THE BOUNDARY OF SAID TRACT L--18. FOR A DISTANCE OF 4~)0.1~ FEET, TO THE pOINT
~__~.~: CONTAINING ,I-2.128 ACRES, MORE OR LESS.