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SawgrassCOM241/NITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administrative Assistant John R. Houldsworth, Senior Engineer Jannary 15, 199~ Sawgrass Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Sawgrass 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 tine document and forward to the Clerk's office. Should you have any questions, please advise. jrh CC: Project File Reading File SA WGRASS SUBDIVISION PRELIMINARY WORK A UTtlORIZA TION reHtlS AGREEMENT made and entered into this /,.Y""" day of ~l:~3~,~,,,,~ff/', 199~ by and ween the Board of County Commissioners of Collier C°untv F~,- ::County,," and Sa,,,grass of Naples, Inc., a Florida Owner. RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 96-14 known as the Sawgrass PSP, and WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in O.R. Book 1668, Page 360 and Book 2145, Pages 2210-2212, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the County has the privilege of issuing the surface water management permit for the project. WHEREAS, Owner represents that the Preliminary Work Authorization is needed because owner would like to show site activity during the tourist season and to complete as much of the work as possible prior to the summer rainy season; 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 ora 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. -1- NOW THEKEFOKE, in consideration of the premises, the mutual undertakings of the parties, and other good and valuable consideration, it is agreement by the parties hereto as follows: 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: Clear proposed right-of-way and selectively clear perimeter berm and buffer areas Construct proposed perimeter berm Fill proposed road right-of-way Install water, sewer, & drainage facilities The preliminary work detailed in this Section shall be in accordance with plans entitled "Sawgraxs Subdivision" consisting of six (6) sheets, prepared by Butler Engineering, Inc, dated October 1997, 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 "Sawgrass", consisting of two (2) sheets prepared by A. Trigo & Associates, lnc. 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: * Final Plat and Subdivision Construction Plan Review Excavation Permit 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. -2- b. The subject site does not require a SFWMD permit. Additional permits necessary from state and/or federal agencies necessary to commence construction of the improvements requested for Preliminary Work Authorization include: * FDEP water main extension * FDEP sewer main extension SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit will be issued for habitable structures v,,ithin the "Sa,'grass Subdivision" project until the final 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 connections 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 - 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 final plat review 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 in Section 3 of this Agreement. Any attempt to commence work prior to issuance of requisite permits shall render all provisions ofthis 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 ofthe provisions and procedures of the Land Development Code before the final plat can be submitted to the Board for consideration. -3- IN WITNESS WttEREOF, the parties have executed this Agreement the day first above written. : ,, ! Micl~ael J (.Ljahdy Sawgrass of Naples,, Inc. Richard McCuilough, Presid-e~./J STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, this day personally appeared Richard McCullough, to me well known and known to me to be President of Sawgrass of Naples, Inc., a Florida Corporation, and he acknowledged to and before that he executed said Agreement on behalf of and in the name of said Corporation; that he is duly authorized by said Corporation to execute said Agreement and that said Agreement is the free act and deed of said Corporation. IN WITNESS WHEREOF I have hereto set my hand and affixed my official seal this day of "' ,., .... , A.D., 1997. My Commission Expires: ATTEST: DWIGHT E. BROCK, CLERK ag=c-~,~. ~:>~ tary Public in and for the ~:~ol ~fTM and County aforesaid. CrA MISSI OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Assistant County Attorney -4- 153T863 COLLIER COUNTY TH I S between 0[c-5 ~ ?~28 qql668 ~0036 RECORDED OR BOOK PAGE WARRAN. Ty ' .................. ' ................................. III ...........I REC~...~ I,UCIA MONTOYA, social Security number ~;~M.~.~ ROLANDO MASSARD, social security number , and D(O~a~_~. ROLANDO MASSARD BLOCH, social security number, INT, whose address is: ~ C~o~e4% G~ ~k~ IND~ 7~o~ grantor, and RICHARD McCULI,OUGH, social security number whose address i:l: a~g ~-~CC%~_+C_~'~__O~ ~)r,¢¢, ~(~S. grantee, WJTNESSETH. That sa~d g~ntor, for and in consideration of $]0.00 and other good amd V4luab)e consideratioa Lo said in hand Paid by the grantee, the rece~pt Whereof is hereby dcknowJedged, has granted, bargained and sold [o said grantee, and tho grantee's heirs and assigns, forever, the described Proper~y located in Co)] Jet County, Florida, to The South half of the Northeast quarter of the Northwest quarter of the Southwest quarter, Section 24, Township 48 South, Rang(; 25 East, Collier County, Florida. PrOperty I.D. No. 0_~0].6_~_]].2__0005 This iff vacant, un-improved, and non-homestead property. Subject to easements and restt ic~ic, ns common to the subdivision; zoning, building co<is and other restrictions imposed by governmental authority; outstanding oi]. gas and mineral intere:~tm of record: and rea] estate taxes for ]99] and subsequent Years. and said grantor does hereby tulJy Warrdnt whatsoever. Signed, sealed and delivered In presence of: (2 witnesses t. ne Litiu L,_, o,id lurid the lawful claims of any persons THIS INSTRUMENT PREPAREI) BY: 'i ,!~¥ CLERK 0£ PHILIp L. HAMILTON, A1'FORNEy AT [,AW 4099 Tamtami Trail North, Suite 307 Nap]es, Florida 33940 (Ph. 813- ATION ONLY-WITHODT BENEFIT OF EXAMINATION OR OPINION OF TITLE- -~ ~rScnal~O~tly Tax DC ..... [ ............ [[[[ ][- ' [][ ............................... I~f ................. I[I This Instrument Prepared By: John Paulich III, Esq. Paulich O'Hara & Slack, P.A. 2150 Goodlette Road, Sixth Floor Naples, FL. 33940 Parcel I.D. N,,mber(s): 00[63280000 Grantee(s) Tax I.D. #: 2020272 OR: 2145 PG: 2210 IICODID in 0~ICIlt LIC~L~f of ~LIHI ~, FL ~15 74000.00 UC []I IS.10 ~-.70 HI.00 PR~PARA_TION O~LY FRO~ I~)R~tA_q'I~ PRo%rIDgD BY GltAN'POR ~ WITHOUT ~IT OF TI~I~B ~ OR THIS MARRANTY DEED made the /~*~ day of February, 1996, by A. JAMES MEERPOHL, Trustee under Land Trust 88-877-1 with the power and authority to protect, conserve, sell, lease, encumber, and otherwise to manage and dispose of the real property described he re in, hereinafter called the Grantor, to McCULLOUGH CONSTRUCTION, INC., a Florida corporation, whose postoffice address is: 409 Candlewood Lane Naples, FL 33942 hereinafter called the Grantee, W'ITNEf,.~K'I'~: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, viz: SEE ATTACHED EXHIBIT "A" TO(~"i~tER with all the tenements, hereditaments appurtenances thereto belonging or in anywise appertaining. and To Have and To Hold, the same in fee simple forever. An~ the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all enc-mhrances, except taxes accruing subsequent to December 31, 1994; and aubJect to all easements, restrictions and reservations of record. OR: 2145 PG: 2211 In Witness Whereof, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed & delivered in our presences Witne/~ Printed Namg. Wit~ss ~ l~[nature Witness Printed Name ,/ ? STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this /~- day of February, 1996 by A. James Meerpohl, (~') who is personally known to me or ( ) who produced as identification, and who did take an oa~. , i~ot~ry p~lic Nota~-y Printed Na~ ? A PART OF LOT 9, BLOCK "D" OF THE PLAT OF PALM RIVER ESTATES UldlT NO. 4 AS RECORDED IN PLAT BOOK 8, PAGES 69 AND 70, PUBLIC RECORDS OF COLLIER CO[IATT"f, FLORIDA, BEING MOPE PARTICULARLY DESCRIBED AS FOIJX)WS; BEGIRNING 2kT THE NORTIiIZAST CORHER OF SAID LOT 9 x THENCE SOUTH 00'31'52" EAST ALONG TI{]Z EASTERLY LINE OF SAID LOT 9 FOR A DISTANCE OF 360.38 FEET; T~ ~OIFI'H 88'37'21" WEST FOR A DISTANCE OF 87.41 FEET TO A POINT ON A .CURVE FRO~ WHICH THE RADIUS POINT BEARS NORTH 72'06'45" WEST, $A~D." I~.~H~_ 'ON A CURVE LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF c~ .~, .Ss. :~; ~ I~tF2~L¥ ALONG SA:ID EASTERLY LINE AND ALONG SAID CURVE, CONCAVE ~STERLY, HAVIN¢ A RADI.US OF 730.00 FEET, A CENTRAL ANGLE OF 18'25,~7& FOR AN ARC DISTANCE OF 234.67 FEET TO A POINT OF THENCE CONTLNUE ALONG.SAID EASTERLY LINE NORTH 00'31'52" WEST FOR A DISTANCE OF 131.02 FEET T0 AN INTERSECTION WITH THE NORTHERLY LINE OF SA/D LOT 9, ~E l{OI~_~_ 89'28,08- EAST FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.479 ACRES OF LAND MOPE OR LESS. THE SOU'fH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.