Sabal Bay Commercial, Phase TwoCOMMUNITY DEVELOPMEN~
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM' John R. Houldsworth, Senior Engineer._~
DATE: May 24, 2002
RE: Sabal Bay Commercial Phase Two
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Sabal Bay
Phase Two. 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
'-" SABAL BAY COMMERCIAL PLAT (PHASE TWO)
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ..~.,~c,'~z~'' day '~'
of ~.z~, 2002, by and
between the Board of County Commissioners of Collier County Flori~, e~inafter referred to
as "County", and Collier Land Development, Inc., hereinafter referred to as the "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 86-77 known as the
CDC Planned Unit Development, hereinafter referred to as the PUD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of SABAL
BAY COMMERCIAL PLAT (PHASE TWO), attached hereto as exhibit "A" and incorporated
herein by reference; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because maintaining construction schedule for SABAL BAY COMMERCIAL PLAT (PHASE
TWO) improvement plans is paramount with the on-going construction and development of the
approved CDC PUD; 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:
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.
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SECTION 2
IMPROVEMENTS
Owner shall be permitted to perform the following site preparation and construction
activities subject to the conditions, limitations, and restrictions contained in Sections 3
through 7 below, as follows:
Clearing of rights-of-way for road and drainage construction and clearing of
easements for utility and lake construction.
Construction of paving and drainage infrastructure within street rights-of-way and
in those areas which will serve future residential areas, to include but not limited
to subgrade, base, asphalt, storm pipe, headwalls, inlets, and sidewalks.
Construction of infrastructure to include water, sewer, irrigation mains, and sewer
pump stations.
The preliminary work detailed in this Section shall be in accordance with plans entitled
SABAL BAY COMMERCIAL PLAT (PHASE TWO), WilsonMiller, Inc., Drawing File No.
D-0229-62, sheet numbers 1 through 14, dated April 2002 hereinafter collectively
referred to as the "Preliminary Work". The legal description of the boundaries of the
Preliminary Work is shown on the proposed plat for SABAL BAY COMMERCIAL PLAT
(PHASE TWO), prepared by Michael H. Maxwell, P.S.M., of WilsonMiller, 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:
SABAL BAY COMMERCIAL PLAT (PHASE TVVO), Final Subdivision
Improvement Plans, WilsonMiller, Drawing File No: D-0229-62, sheet numbers 1
through 14 dated April, 2002.
Plat for SABAL BAY COMMERCIAL PLAT (PHASE TWO), prepared by Michael
H. Maxwell, P.S.M., of WilsonMiller, Inc.
SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
County staff finding that the application 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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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
APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat
approval once conditions (a) through (c) in Section 3 above have been satisfied. Owner
understands that no building permit will be issued for habitable structures within SABAL BAY
COMMERCIAL PLAT (PHASE TWO), until the 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 transferable.
SECTION 7
LIMITATIONS
This Agreement shall expire sixty (60) 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 Commissioner's
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) through (c) 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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Page 3 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Signed, Sealed and Delivered
in the presence of:
Collier Land Development, Inc.:
Witaesses /')
Signature (,'/
Printed or t~ped name
Jeffrey M. Birr, yJee~resident
ATTEST:
~atdck G. White, fisquire
Assistant Gollior County
BOARD OF COUNTY COMMISSIONERS
OF COLLIER CO~NTY, FLORIDA
By: /~ _- _ __ 7
Jame~,l. Coletta, Chairman
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STATE OF FLORIDA )
)
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me thi,~'~l'ay
2002, by Jeffrey M. Birr, Vice President of Collier Land Development, Inc., who is personally
known to me,ct who, h~,~ prcd~c~d -, ~-~ d~-ntifjc_.et~o.-. ,
WITNESS my hand and official seal thi~ day of
!
.- C~CiALNoT^~¥SEAL ,',~JTARY PUBLIC-STATE OF FLORIDA
! MY ~.uM~,~,~,, ........ Print or T~pe Nota~ Name
My Commission Expires:
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,o22~-o2=-oo~. E~,~ ~4,7~ Page 5 of 5
DESCRIPTION
'-:NTS.
All that part of Section 24, Township 50 South, Range 25 East, Collier County, Florida, being
more particularly described os follows;
Commencing at the northeast coroer of said Section 24;
Thence along the east line of said Section 24 South 00'14'17' West 173.15 feet to a point
on the southwesterly right of way line of Tamiomi Trail (U.S. 41);
Thence leaving said section line along said right of way line North 39904'27' West 157.97
feet to o point on the south right of way line of Thomaeson Drive (S.R. 864);
Thence leaving the right of way line of said Tamiami Tro# along the south right of way line of
said Thomesson Drive in the following two described courses;-
1.?South 89*42'30" West 2587.54 feet:
2.?south 89935'35' West 26.43 feet to the Point of Beginning of the parcel heroin
described;
Thence leaving said right of way line southeasterly 161.72 feet along the arc of a circular curve
concave to the southwest having o radius of 840.00 feet through o central angle of
11'01'50" and being subtended by a chord which bears South 56'38'57' East 161.47
feet;
Thence South 5 I'08'02' East I$50o48 feet;
Thence southeasterly and northeasterly 777.$5 feet along the arc of a circular curve concave to
the north having a radius of 690.00 feet through a central angle of 64°32'5g' and being
subtended by a chord which bears South 8.T24'31" East 736.89 feet:
Thence South 25'41'00' East 130.00 feet;
Thence southwesterly and northwesterly 923.81' feet along the arc of a circular curve concave to
the north having a radius of 820.00 feet through o control angle of 64°$2'5g' and being
subtended by a chord which bears North 83'24~$2" West 875.72 feet:
Thence North 5 I°08'02" West 1550.49 feet:
Thence northwesterly 486.25 feet along the arc of a circular curve concave to the southwest
having a radius of 710.00 feet through o central angle of $9914'16" and being subtended by
a chord which bears North 70'45'10" West 476.78 feet to a point of reverse curvature;
Thence westerly $3.19 feet along the arc of a circular curve concave to the north having a
radius of 200.00 feet throu.,,qh a central angle of 09'30'$0" and being subtended by a chord
which bears North 7~6'26'21 West $$.15 feet:.
Thence North 71°41'06" West 68.54 feet to a point on the south right of way line of said
Thomasson Drive;
Thence along said right of way line North 89'35'35' East 494.13 feet to the Point of
Beginning of the parcel herein described;
Subject to easements and restrictions of record.
Containing 7.57 acres more or less
Bearings are based on the east line of Section 24 being South 00'14'17' West.