Pelican Strand Replat 7RECEIVED
ENVI:RON~ENTAL SERV:I:CE$ DI:V]:$]:ON
ENG:INEER:i:N~ REV:I:EW 5ECTI:ON
~AEAAORANDUM
TO: Sue Filson, Administrative Assistant
FROM: ~Tohn R. Houldsworth, Senior Engineer
DATE: March 3,199~
RE:
Pelican Strand ReplQt - 7
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Pelican
Strand Replat - 7. 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
PELICAN STRAND REPLAT-7
PRELIMINARY WORK AUTHORIZATION
TillS AGREEMENT made aud entered into this / ._~____ da)' of___~_, 1oo9, by and between the
Board of County Commissioners of Collier Count)'. Florida hereinafter referred to as "County" arid Pelican
Strand Ltd., hereinafter referred to as the "Ovmer".
RECITALS:
WHEREAS. the County has adopted Collier County Ordinance No 97-75 knox~n as the Pel~can
Strand Planned Unit Development Ord,nance hereinafter referred to as Pelican Strand -'ld
WHEREAS, Ovmer represents and warrants it is the record fee title ox~ler of the lands described m
Pelican Strand Rel:lat-7' said legal description attached hereto as Exhibit "A" and incorporated hereto by
reference; and
WHEREAS. the South Florida Water Management D,strict has ~ssucd a pemnt for a surface water
management construction for Pelican Strand, S FWMD Permit No. 11-01461-P; and
WHEREAS. O~ner represents that the PrelimmaD, Work At,thor~z~at~on ~s needed because thex want
to have infrastructure constructed m ume for upcoming seasonal sales~ and
WHEREAS, Owner represents and warrants that no construcuon shall occur m environmentally
sensitive areas unless the necessary permits and approvals for the construction have been obtained by thb
Owner; and
WHEREAS, Owner acknowledges that all requirements of Colher County's Gro,,~¢h Management
Plan and Adequate Public Facllitms Ordinance, No. 03-82. wdl be met prior to approval of a final
subdivisions plat, or final site development plan or building permit, as appropriate; and
WHEREAS, Sect~c~ 3 2 73.6 of the Land Development Code establishes a mechanism, for
processing and issuing a Prelimma .fy Work Authorization
NOW THEREFORE, ~n consideration of the premised, the mutual tmde~akings of the parties, and
other good and valuable conslderauon, it i$ agreed by the parties hereto as follows-
SECTION I - ACKNO\VLEDGMENT
The foregoing recitals are true and correct arid are incorporated hereto by reference Further. ~t is .iointly
acknowledged that the execution of this Agreement does not constitute a Devdopment Order or an)' other
final approval by Collier County.
..SECTION 2 - IMP_R__O_.VE___N_!!(NT5
A. Owner shall be permitted to perfbrm site preparation and construction activities subject to
the conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows-
Infrastructure construction to consist of' site clearing and filling within Tract 7. installation
water distribution mains, sanitary.' collection mains and storm drainage and roadway construction
The preliminary work detailed in this Section shall be in accordance with plans entitled P, eplat
Tract 7 Improvement Plans consisting of nine (9) sheets, prepared by Mark D. Mc('leary. I'
Community Engineering Services. Inc. dated January 8. 1999 hereinafter reFe,-red to as the "The
Preliminar,., Work" ]'he legal description oflhe boundaries of the Preliminar~ Work is sho'e,n on
Ibc preliminary, plat tbr Replat 7 at Pelican Strand consisting o£ three (3) sheets prepared
Roger It. f larrah - 1,Sv,'5294. Community Engineering Services, Inc
B. Prior to any work being undertaken, owner shall submit to the County complete permit
packages and applicable review and inspection Fees For lhe necessary permits For the Prelhmnarv
Work (the "Prelimina~, Work Permits") These applications are as £ollows
Final Plat
Subdivision
Issuance o£the PreliminaD, \Vork permits shall be conditioned tiptm the tblloxving'
a ('ountv staff finding thal the applications For Preliminary Work I'ermits are complele and
satisfactor)., and are ready fi)r schedulinu to the Board of ('ountv Commissioners tk~r final p~at
approval ~ '
b ()\vnet submitting It) the ('ountv a copy ot'the actual permit fi'om the .%outh I"lorida \Vater
.Management District tbr all matter included in the jurisdiction of ~he South Florida Water
Nlanagement District. which conforms with the l'reliminarv Work Release plans submitted to the
County
DEP Permit and plans fi:)r sanilar'v construction are currentl,~ tinder ('otmtv ~evic,.v
DEP Permit and plans l~r ,.eater service construction are curren/b,, tinder ('o,at]tv review
SECTION 4- APPROVALS
County ',,..'ill issue the Preliminary Work Permits to permit the Preliminary \Vork prior to plat
approval once conditions a and b in Section 3 above have been satisfied
.SECTION 5- INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against anv and all liability, loss, damage, or
expense from claims or causes of action including attorneys fees and court costs, resuhing fi'om,
arising out of, and in connection with Owner's negligence and/or willful misconduct in tile
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
The Agreement shall be binding upon the parties and is not transferable
SECTION 7- I.IMITATIONS
This Agreement shall expire thirty (30) days from tile date of the issuance o1' tile Preliminary
Work Permits ifthe project's final plat is not submitted to the Board of('ounty Commissioners for
approval pursuant to Division 3.2. of the Land I)evelopment Code, unless tile O,,vncr is delayed in
having his final plat reviewed by tile Board due lo tile fault ofthe County. All work approved by
this Agreement must cease and not restart if the final plat is not submi(ted and approved bv the
Board of County Commissioners within this authorization period No work is authorized under
this Agreement prior to satis£ying the conditions a__a_n_d_h in Section 3 of this Agreement Any
attempt. ~.o commence work prior ~o issuance of requisite permits shall render all prov~s'~ons of this
.~t~mem ,,,at ,and
By entering into Ibis Agreement the County does not guarantee and ~he {),,,,'ncr can not rely upon
the fa~-t ~ tile p~o~-t's ~ ~t ~ ~ ~o~ u~ ~s~ to t~ ~ t~ ~
~nd Development Code b~ore t~ fi~lat ~ be submitted to the Board for consideration
IN WI~-'NESS \VIIEREOF, the panics have executed this agreement the day first above ;witten
~/~- Pelican Strand Ltd., A Florida Limited l'annership
.~:2/~,~.. //~ 4~2:~,'~ Pelican Strand Devel.o...~ment Corporation. A Florida
("{) / ,~ ('orporation, as Gen~r, fil Panner,
Printed Name
Printed Lame
R. Pa~f t tardy
\/ice' President
STATE OF FI.ORIDA
COUNTY OF
On this I ? day of ~ I,)cu4~.c_~_ . 19Q cfi
Hardy, Vi~:~'~resident of Pelican Sir~j~"-~'elopmentCorporation.bef°re me. personallYa (.;cneral appearedpanner of Il"PelicanPaUl
Strand Ltd., personally known to me to be the person who
instrument.
/'NOTARY PUBLIC, STATE OF FLORIDA
Pri~n.t N~' '.
ATTEST:
CLERK'S NAME, CLERK
~pprove~ ~ Form ~nd legal sufficiency
Assistan( C°uniy Attorney
My Commission Expires:
subscribed to the foregoing
BOARI) OF COUNTY COMMISSI. ONERS
OF COLLIER COUNTY. FI,ORIDA, /',/
, ~ ~ . ., ~ , ,.f/
P~mel& S. Mac gie / '
Chairwoman
-i:IO'N' ',SITUATED [N
48 , OUTH, RC, E
COUNTY, FLORID,\.
L RECORD
COLLIEF COUN
)RD BOOK ""a'~,
INTY. FLORIDA
AND
RAINAGE.
CAPITAL, L.L.C.)
TGAGES UPON
;'HE DEDICATION
NO *GPEE?
DEDICATIONS
TIdE PUBLIC
'",. PAt.gE 1834.
,.:,RD BOOK 24,37.
FLORIDA.
'9.
STON
LEGAL DESCRIPTION
r, .
;,;AC; 7 OF PELZAN '-,TR,~ND REPI_,~T-iB, ;. FORTIOtl (F ':-AC; ' :NO ~ POF,'TtON
0F :ELIC,V~ STP~,ND ~EP~i-:B AS RECORDED IN ;:;._:T 5,].,}k' :'}, PAC. ES 2]-27, 5ir:~FED
SECTION lC, TOWNSHIP 48 SOUTH, R,V~GE 26 [.~ST. ,]C{L~E~ [[,Ut~H. rUC, R1DA. ~lO ~F~NG
PAETICU~RLy BOUNDE[, AND DESCRIBED :E
9[GINNING (PO~) AT A POIHT ~RKING THE tJOST SOUTH~STE~L( CORNER OF TRACT
$SHFORD ~NE CF PELICSN ST~D REPL~T-5, RECORDED ~N ~LAT 5DON 3]. YAGES
COLLER COUNrC FLORIDA. [HENCE:
AROUND & CUR'I[ TO THE L[~. THPOUGH: CENTRAL SNGLE CF 06'26'07"
cN ~PC ~IST4NC[ ,iF :$ 35 frET, KITH A P~DtlJS :]F 475.00 FEET.
: CHORD ~tNG .)F S ~,Y22'08" E. A DISTANCE ,iF [,5 32 FEET. ~C, A PO;HT, FHE~J,.C~.
: ~.. ..... A C, iS[ANCE 0F 527.04 FEET. T0 A FOUNT, THEHCE:
~JND A CUFF[ T0 THE RIGHT. THROUGH A CENTR4L ANGLE 0F 0i'05'40"
:N A~C DISTANCE OF 4 J,O PE~, WITH A R~IUS OF 225.00 FE~,
A CHORD B~RINO OF S 4Y02'2~" E, A DISTANCE OF 4 30 F'E[T. ~O A POINT,
.S g4'~0'42" E, A DISTANCE OF 2~95 FEET. TO A PO;NL THENCE.
A~OUND A CURVE TO ~HE RIGHt, THROUGH A CENTR~ ANGLE OF 58'09'2,3"
~ ARC DISTANCE OF 155.83 FEET. WITH A RADIUS OF 234.00 FEET.
A CHORD B~RING OF S 18'24'51" E, A DISTANCE OF i52.97 FEEL [O A POINT,
S C~" '~ "
~9.1 W. A DIST~IC[ OF 4c4 ~c - ·
,~ .~ rzE,, TO A FOUNT. TH[NC[.
~OUND A CU~V[ TO TH[ RIGHT, ?HROUOH A CENTRAL ~N6L[ O~ 01'05'03"
~N ~C DIS[~NC~ OF :4.6b FELT. WITH A ~DiUS C.r 772.00
] 91'44'59" W, A 01SLANG[ ,]F 241.32 FEE[. T0 ~ POiNL
~OUND A CU~ TO THE LEFT. THROUGH A CENIRAL ANGLE OF 58'59'11"
~ ~RC DISIANCE OF 70.0~ FEEi. '~IH A RgDIU5 OF 68.~
X CHORD B~RING OF S 27'44'36" E. A DISTANCE OF 66.96 FED, TO A POINT. fHEh:
4ROUND A CURVE TO rUE FJGHi, ~H~OUGH'A C[NTP:L XNGL[ OF
~ ARC DISTANCE OF 87.88 FEET, ~H A ~US OF FEET,
A CHORD B~RING OF S 19'39'32" E, A DISTANCE OF 81.72 FE~, TO A POINT. 7HEN2E:
2 59'41'C~" '~. A'DISTANCE OF 182.38 rffU, tO A PO~NL ffiENCE;
~ 88'43"00" W. A D~STANCE OF 10207 FEE[, rOA DO~NI. IHEHCE[
N ~'55'04" E. A DISIANCff OF 169.92 FEEl, 70.A POINT, THENCE;
N 9~00'00" W. A DISIANC[ OF 20.~ FE~, TO A POINT, THENCE:
N 0~55'04" E. A D~SIANCE OF 386.19 FE~. TO A POINT, ~ENCE;
8?06'56" E. A ubI~,lCL ,JF 20.00 FEET. 79 : POINI. THENCE;
N 00'53'04" [. A DISr~CE OF 210.00 FEU. TO A POINT. THENCE:
N 89'06'56" W, A DISTANCE OF 20.00 FE~, T0 A POINL THENCE;
N ~'53'04" E. A D~ST~CE OF 329.~ FEU[. ~0 A. POI~G, THENCE:
S 89'06'56" E, A D~ST~CE OF 87.88 FE~, 10 APOINT. *,HENCE:
N 43'35'11" W. ~. DISTANCE OF 286.26 FEET. TO A POINT, i~ENCE
~ROUND 4 CURVE 70 THE ~IGHT. THROUGH Ar~.LNIRA/ ANGLE OF
~ ARC DISIANCE OF 14.29 FEEl, WlIH A ~IUS OF 525 O0 FEEl.
: CHORD ~RING OF N ~2'48'25" W, A DISIANCE OF 14.29 FEET. ~OA POINT, ;HENCE:
:ROUND A CU~E TO THE LE~, THROUGH A CENTRAL ANGLE OF 93'36'40"
:N ARC DISTANCE OF 73.52 FEET. ~TH A ~DIUS OF 45.00 FE~. ':- '
~ CHORD BO%RING OF H 09'59'37" E, A'DIST~CE :iF 65F,; FEET, TO THE POIN'F OF'
BEGINNING, CONTAINING A COMPUTED ~ OF 249912 SOUARE FE~ OR ?737 ACRE~ OF
~ND UOhE OR LESS.