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Jubilation COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrati~ve Assistant FROM: John R. Houldsworth, Senior Engineer DATE: February 14, 2001 RE: Jubilation Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Jubilation. This document has been reviewed by Engineering Review and the County Attorney's Office. Collier County ResolutiQn 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 THIS AGREEMENT made and entered into this I day of (~l~~q , ,I.¢9'~, by and ,b, etween,t, he Board of County Commissioners of Collier County, Florida herei~after,,referre,d, to as County, and,o/~,./~ 7~a~ .g~'/r~,~t/m~', hereinafter referred to as owner. RECITALS: WHEREAS, the County has adopted Collier County Ordinance No.gq-O~a~mown as the t/~tW,_r?~.i/-t~,a~4j ~ Ordin~ce, hereina~errefe~ed to as ~ ~~ ~/~ ;~d ~~~ner represents and w~ants it is the record fee title owner of the l~ds described in , said legal description attached hereto ~ Exhibit "A" ~d inco~orated herein by reference; ~d has ~E~AS, the South Florida Water M~agement Dis~et ~ e~.~2n:ly ~v~w~ application for andaSurfacewatermanagementpe~itf°r~'l~°~ SF~D '~~o. 1l-~/~4-~', WHEREAS, Owner represents that the Preliminary Work Authorization is needed because I/4.4-. Ir6~3'4-5't4 c2~ /qee~/$ v/t5 ~ ~c/ a~Tl/l,t/j/~at~r4/,./,,~o/,ir4t, and ~E~AS, O~er represents ~d w~ts that no construction shall occur in enviro~entally sensitive area unless the necessa~ pe~its ~d approvals for the construction have been obtained by the Owner; and ~E~AS, Owner ac~owledges that all requirements of Collier County's Gro~h M~agement Plan ~d Adequate Public Facilities Ordin~ee, No. 93-82, will be met prior to approval of a final subdivision plat, or a final site development pl~ or building pe~it, as appropriate; ~d ~E~AS, Section 3.2.7.3.6 of the L~d Development Code establishes a mechanism for processing ~d issuing a Pmlimina~ Work Authorization. NOW THE~FO~, in consideration of the premises, the mutual underlings of the p~ies, and other good ~d valuable consideration, it is agreed by the panics hereto as follows: SECTION 1 - AC~OWLEDGEMENT 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: (Provide detailed documentation as to the requested activities to occur, required improvements to be constructed, ancillary structures to be permitted, and any other facilities to be considered for the permitting under this Preliminary Work Authorization) The pjreli~nin .ary v~ork detailed in this Section shall be in accordance with plans entitled ~t~.,,/~ consisting of sheets, prepared by ,,~/,/~ , dated hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the preliminary Work is shown on the preliminary plat for -~G~l~_/,~7'~ consisting of .~ sheets prepared by ,~]'/,~7 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: (List of applications consistent with the requirements of Sections 3.2.8 and 3.2.9 of the Land Development Code) 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 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) SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions (List conditions by Letter) in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit for habitable structures within the (Project Name) until the (Project Plat Name) 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. (2) 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 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 (Reference applicable Conditions by Letter) 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. IN WITNESS WHEREOF, the parties have executed th~the day first above written. ~it~tn~.tOr.~. /q. fio~O6~gt.~T ~/'efi~ted nam'-6~aancl'T'~ / Witness Printed Name ' ~ / % Board of County Commissioners .D.%,?~!~ht E. Brock, 'O~rk '~ of Collier County, Flo' '~": c' o,, - '. i~'~ ':~ ~g~~~~ s {,'gnltilre: '0 n Iv- ..:i,;t:"' ." Approved 5.S tdYorrq~"an.(f legal Su_ff~ie.n, cy: '~,i~ Assistant County Attorney (Appropriate Notary Block for Owner) (3) STATE OF FLORIDA COUNTY OF LEE I certify that on this date before me, Terrence F. Lenick, an officer duly authorized in the state and county named above to take acknowledgements, personally appeared Richard J. Nogaj and who is known by me to be or who produced n/a as identification and ~ 1. did take an oath; or 2. did not take an oath and who executed the foregoing instrument as President of the Jubilation Development Corporation, a nonprofit corporation organized under the laws of the State of Florida. He/She acknowledged before me that he/she executed the foregoing instrument as such officer in the name and on behalf of the corporation, and that he/she also affixed thereto the official seal of the corporation. Executed and sealed by me at l~t of February, 2001· NOTARY PUBLIC: Pnnt 7~,-~ State of Florida at Large (SEAL) Commission No My Commission DESCRIPTION THE SOUTHWEST OUARTER (SW I/4} OF THE NORTHWEST QUARTER (NW I/4) OF SECTION 7>2, TOWNSHIP 46 SOUTH, RANGE 29 EAST, IN COLLIER COUNTY, FLORIDA, LESS APPROXIMATELY 40 FEET OVER THE SOUTH PART OF SAID PREMISES CONVEYED TO THE STATE OF FLORIDA FOR ROAD PURPOSES AND DESCRIBED IN DEED BOOK 21, PAGE 541, COLLIER COUNTY RECORDS. LESS AND EXCEPT: THE WEST :50.00 FEET OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1071, PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS: THE WEST 30.00 FEET OF THE SOUTHWEST QUARTER (SW I/4) OF THE NORTHWEST QUARTER (NW I/4) OF SECTION 7>2, TOWNSHIP 46 SOUTH, RANGE 29 EAST, IN COLLIER COUNTY, FLORIDA, LESS APPROXIMATELY 40 FEET OVER THE SOUTH PART OF SAID PREMISES CONVEYED TO THE STATE OF FLORIDA FOR ROAD PURPOSES AND DESCRIBED IN DEED BOOK 21, PAGE 541, COLLIER COUNTY RECORDS. (OrB 2688 PG 185) AND LESS AND EXCEPT: BEGINNING AT THE SOUTHWEST CORNER OF THE NW I/4 OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST AND RUN EAST 1326.96 FEET ALONG THE SOUTH BOUNDARY THEREOF TO THE SOUTHEAST CORNER OF THE SW I/4 OF SAID NW i/4 OF SECTION 7>2, THENCE NORTH 40.81 FEET; THENCE S 89°04'25" WEST 1014.55 FEET TO THE BEGINNING OF A CURVE CONCAVE TO ThE NORTHERLY AND HAVING A RADIUS 11419.2 FEET: THENCE WESTERLY :509.78 FEET ALONG SAID CURVE THE WEST BOUNDARY OF SAID NW I/4 OF SECTION :32 AT A POINT 45.44 FEET NORTH FROM THE POINT OF BEGINNING; THENCE SOUTH TO THE POINT OF BEGINNING: LYING IN AND 8EING THAT PART OF THE S I/2 OF SW 1/4 OF NW I/4 OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, LYING WITHIN 40 FEET OF THE SURVEY LINE OF STATE ROAD S-850, SECTION 0356 AND CONTAINING 1.26 ACRES, MORE OR LESS. (DEED BOOk 21 PG 541) MORE PARTICULARLY OESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST OUARTER {SW I/4) OF THE NORTHWEST QUARTER (NW I/4) OF SAID SECTION 7>2; THENCE NORTH 00028'22'' WEST, A DISTANCE OF 40.86 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF LAKE TRAFFORO ROAD SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89"19'02" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1014.56 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 11419.20 FEET, A CENTRAL ANGLE OF 01°25'04'', A CHORD BEARING AND OISTANCE .OF SOUTH 89°49'05" WEST, 282.57 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT AN ARC DISTANCE OF 282.58 FEET TO THE EAST RIGHT OF WAY LINE OF CARSON ROAD; THENCE NORTH 00°55'41'' WEST, ALONG SAID EAST LINE, A DISTANCE OF 1286.82 FEET TO THE NORTH LINE OF THE SOUTHWEST OUARTER (SW I/4) OF THE NORTHWEST OUARTER (NW I/4) OF SAID SECTION 7>2; THENCE NORTH 89017'10'' EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1298.67> FEET TO THE EAST LINE OF THE SOUTHWEST OUARTER (SW I/4) OF THE NORTHWEST QUARTER (NW I/4) OF SAID SECTION 32; THENCE SOUTH 00"51'39" EAST, ALONG SAID EAST LINE, A DISTANCE OF 1289.99 FEET TO THE POINT OF BEGINNING. CONTAINING 38.42 ACRES MORE OR LESS. AND SUBJECT TO: A CONSERVATION EASEMENT PARCEL IN THE SOUTHWEST I/4 OF THE NORTHWEST I/4 OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE WEST I/4 CORNER OF SAID SECTION 7>2, RUN NORTH 00°55'50" WEST 1.57>0.58 FEET ALONG THE WEST LINE OF SAID SECTION AND THE CENTERLINE OF CARSON ROAD; THENCE NORTH 89°17'7>1" EAST :50.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF CARSON ROAD AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°17'21'' EAST 1298.70 FEET ALONG THE NORTH LINE OF THE SOUTHWEST I/4 OF THE NORTHWEST I/4 OF SAID SECTION; THENCE SOUTH 00°51'16'' EAST 494.78 FEET ALONG THE EAST LINE OF THE SAID SOUTHWEST I/4 OF THE NORTHWEST I/4; THENCE SOUTH 89"17'21" WEST 645.00 FEET: THENCE NORTH 00°51'16'' WEST 220.14 FEET; THENCE SOUTH 89017'21'' WEST 657>.29 FEET TO THE EAST RIGHT-OF-WAY LINE OF CARSON ROAD: THENCE NORTH 00055'50" WEST 274.64 FEET ALONG THE SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. CONTAINING 11.45 ACRES MORE OR LESS. THIS INSTRUMENT PREPARED BY: PLAT PREPARED FOR~ ROBERT TAD SIMPSON, P.S.M. ~/ 5559 JUBILATION DEVELOPMENT CORPORA /klM Engineerin9 ~ Surveying, Inc. ~7>~2W. NEW MARKET ROAD L.B. No. 7>114 IMMOKALEE, FLORIDA 7>414?. 57>00 LEE BLVD. POST OFFICE BOX 1235 TELEPHONE: (941) 657-4888 941-37>2-4569 LEHIGH ACRES, FL 7>7>970 § 3.2.8.3.5 COLLIER COUNTY LAND DEVELOPMENT CODE to the development services director or other governmental agency with maintenance responsibility, shall be provided adjacent to the established drainage easement, or the drainage easement created must be of a size suitable for the proposed canal and its maintenance. 3.2.8.3.6. Clearing, grading and filling. A site clearing, grading, filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Services Administrator, or his designee for review and ap- proval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shah clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a subdivision or site development plan may be considered for review and approval under the following categories and subject to the following require- ments: 1. Removal of exotic vegetation: Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a) Provision of a site filling and grading plan for review and approval by the county; b) Provision of a revegetation plan for review and approval by the county; c) Payment of the applicable review fee for site alteration plan review. 2. Site alteration within existing platted single family subdivision. Single family lots located within an approved platted residentially zoned subdi- vision may be approved for site alterations upon submission of a clearing, grading, filling and revegetation plan with a written statement of justification. The clearing and filling under this provision is limited to no more than three contiguous lots subject to submission of the following: a) Provision of site filling and grading plan for review and approval by the county; b) Provision of revegetation plan for review and approval by the county; c) Payment of the applicable fee for site alteration plan review. Additional lots may be cleared, where under the same ownership, and where such clearing can be demonstrated to be necessary to implement the project's surface water masterplan or to comply with the conditions of any local, state or federal permit, or, where due to Supp. No. 9 LDC3:32.2 DEVELOPMENT REQUIREMENTS § 3.2.8.3.6 the development of required infrastructure, it can be demonstrated that clearing and filling will lessen any negative impacts to the public health, welfare and safety. 3. Site alterations within new developments for which a subdivision or site development plan has been approved: Clearing, grading and filling within an approved phase of a subdivision or site development plan may be approved by the Community Development and Environmental Services Administrator, subject to the below noted conditions and provided the entire phase to be altered does not exceed 25 acres. Site alterations requiring more than 25 acres to properly utilize fill generated on site will require approval of the BCC. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a) A site clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 25 percent of the natural vegetation shall be retained in accordance with section 3.9.5.3 of the LDC. b) The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. c) The applicant shall submit a detailed revegetation plan including a certified cost estimate by a registered landscape architect or profes- sional engineer. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. d) The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110 percent of certified cost estimate as previously detailed including the maintenance cost for three years. The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in subdivision security. In the event the developer shall fail or neglect to fulfill its obligations under the conditions set forth herein, or should the developer fail to meet the time limitations set forth in section 3.2.6.4.8 and 3.3.8 of this code, upon certification of such failure by the planning Services Director or his designee, the County Administrator may call upon the surety bond or irrevocable letter of credit to secure the completion, repair and maintenance of required improvements, including revegetation and regrading. Supp. No. 9 LDC3:32.3 .DivisiQn of Corporations Page 1 of 2 Florida Non Profit JUBILATION DEVELOPMENT CORPORATION PRINCIPAL ADDRESS 1312 WEST NEW MARKET ROAD NO 1 IMMOKALEE FL 34142 MAILING ADDRESS 1312 WEST NEW MARKET ROAD NO 1 IMMOKALEE FL 34142 Document Number FEI Number Date Filed N00000007785 NONE 11/21/2000 State Status Effective Date FL ACTIVE NONE Registered Agent NOGAJ, RICHARD J 1312 WEST NEW MARKET ROAD NO 1 IMMOKALEE FL 34142 Officer/Director Detail Name&Address [ Title~o~ I Annual Reports ~ II ~t~ II Intangible Tax II No Events .../cordet.exe?al =DETFIL&n 1 =N00000007785&n2=NAMFWD&n3 =0000&n4=N&r 1 =&r2=&r2/7/2001 · Diviaion of Corporations Page 2 of 2 No Name History Information View Document Image(s) THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT /cordet exe?al DETFIL&n ..... = 1 =N00000007785&n2=NAMF~&n3 =0000&n4=N&r 1 =&r2=& 2/7/2001