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Sabal Bay Phase OneCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM' John R. Houldsworth, Senior Engine.~ DATE: June 20, 2002 RE: Sabal Bay Phase One Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Sabal Bay Commercial Phase One. 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 ONE) OUT-PARCEL DRIVEWAY PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this ,-,~/'~ day of ~ 2002, by and between the Board of County Commissioners of Collier County FIoF(da, hereinafter 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 ONE), 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 ONE) OUT-PARCEL DRIVEWAY 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. 4/22J02-104748 Vet: 01~- LFLORA N0229-022-001- ESBM- 22553 Bo 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: 1, 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 ONE) OUT-PARCEL DRIVEWAY, WilsonMiller, Inc., Drawing File No. D-0229-61, sheet numbers 1 through 9, dated February 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 ONE), 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 ONE) OUT-PARCEL DRIVEWAY, Final Subdivision Improvement Plans, WilsonMiller, Drawing File No: D-0229-61, sheet numbers 1 through 9 dated February, 2002. Plat for SABAL BAY COMMERCIAL PLAT (PHASE ONE), 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. 4122/02-104748 Ver: 01 l- LFLORA c.a~43 N0229-022-001- ESBM- 22553 Page 2 of 5 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 ONE), 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 4/22/02-104748 Ver: 011- LFLORA N0229-022-001- ESBM- 22553 Page 3 of 5 the Land Development Code before the final plat can be submitted to the Board for consideration. IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. Signed, Sealed and Delivered in the presence of: Signature "- v Sigpatur0 / Printed or {yped name Collier Land Development, Inc.: Jeffrey M. Bi, y.r~Vice President ATTEST: ,~,~,,," ..... ,,,, BOARD OF COUNTY COMMISSIONERS .,D_~!Ei'~.ROCK, CLERK OF COLLIER COUNTY, FLOEIDA egal sufficiency: ~vi~. W~¢g~l, Esquire ~ ~ ~. ~ ~ ~ Collier County Afforney ~ "'" 4/22/02-104748 Ver: 011- [.FLORA N0229-022-001- ESBM- 22553 Page 4 of 5 STATE OF FLORIDA ) ) COUNTY OF COLLIER ) THE FOREGOING INSTRUMENT was acknowledged before me this 19th day of March, 2001, by Jeffrey M. Birr, Vice President of Collier Land Development, Inc., who is personally known to me c~ ..... h~ ~,,,, ..... ., as WITNESS my hand and official seal this//'day of .... O~'N~~' ~ NOTARY PUBLIC - STATE OF FLORIDA [ WENDY ISHERWOOD INlaY P~LIC ~ATE OF ' ............................. ~' Print or Type Nota~ Name My Commission Expires: 4/22/02-104748 Vet: 01!- LFLORA CAI43 N0229-022-001- ESBM- 22553 Page 5 of 5 WilsOnMiller New Directions/n Planning, Design & Engineering Description of Sable Bay Commercial Site Plat Being a part of Section 24, Township 50 South, Range 25 East, And part of Section 19, Township 50 South, Range 26 East, Collier County, Florida All that part of Section 24, Township 50 South, Range 25 East, and all that part of Section 19, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows; Commencing at the nodheast corner of said Section 24; thence along the east line of said Section 24 South 00°14'17'' West 173.15 feet to the Point of Beginning of the parcel herein described; thence leaving the east line of said Section 24 along the southwest right of way line of Tam/ami Trail (U.S. 41) South 39°04'27" East 643.93 feet; thence leaving said right of way line South 03°07'44'' West 210.69 feet; thence South 50°55'33" West 114.02 feet; thence South 39°04'27" East 228.02 feet; thence North 50°55'33" East 255.55 feet to a point on the southwest right of way line of said Tam/ami Trail (U.S. 41 ); thence along said right of way line South 39°04'27'' East 81.00 feet; thence leaving said right of way line South 50°55'33" West 449.00 feet; thence southwesterly 4.39 feet along the arc of a circular curve concave to the southeast having a radius of 8.00 feet through a central angle of 31°26'25" and being subtended by a chord which bears South 35°12'20'' West 4.34 feet; thence South 19°29'07'' West 4.70 feet; thence southwesterly 28.53 feet along the arc of a circular curve concave to the northwest having a radius of 52.00 feet through a central angle of 31°26'25" and being subtended by a chord which bears South 35°12'20'' West 28.18 feet; thence South 50°55'33'' West 17.08 feet; thence westerly 11.10 feet along the arc of a circular curve concave to the north having a radius of 20.00 feet through a central angle of 31°47'18" and being subtended by a chord which bears South 66°49'13'' West 10.95 feet; thence South 50°55'33" West 99.61 feet; thence North 74°11'12" West 586.65 feet; thence westerly 119.05 feet along the arc of a circular curve concave to the south having a radius of 138.50 feet through a central angle of 49°15'00'' and being subtended by a chord which bears South 81°11'21" West 115.42 feet to a point of reverse curvature; thence westerly and northwesterly 216.74 feet along the arc of a circular curve concave to the north having a radius of 135.50 feet through a central angle of 91°38'52'' and being subtended by a chord which bears North 77°36'43" West 194.36 feet; thence North 31 °47'17" West 59.53 feet; thence northwesterly 41.47 feet along the arc of a circular curve concave to the southwest having a radius of 38.50 feet through a central angle of 61°43'19'' and being subtended by a chord which bears North 62°38'56" West 39.50 feet to a point reverse curvature; Naples Fort Myers Sarasota Bradenton Tampa Tallahassee ~o~4~o~-g~s7 ve~o~-Ke.~O0 Bailey Lane, Suite 200 Naples, F/or/da 34105-8507 941-649-4040 ~ 941-643-5716 ~ CAt~3 N0229-018-000.- o 0 WWW. wi/sonrni//er, corn WilsonMiller,, .... FLLic.,fLC-CO00170 CA43 A WilsPnMiller New Directions In Planning, Design & Engineering thence southwesterly 42.52 feet along the arc of a circular curve concave to the northwest having a radius of 810.00 feet through a central angle of 03°00'28" and being subtended by a chord which bears South 62°48'46'' West 42.52 feet; thence North 25°41'00'' West 120.00 feet; thence westerly and northwesterly 777.35 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°32'58" and being subtended by a chord which bears North 83°24'31'' West 736.89 feet; thence North 51 °08'02" West 1350.48 feet; thence northwesterly 161.72 feet along the arc of a circular curve concave to the southwest having a radius of 840.00 feet through a central angle of 11°01'50" and being subtended by a chord which bears North 56°38'57'' West 161.47 feet to a point on the south right of way line of Thomasson Drive; thence along said right of way line North 89°35'35'' East 26.43 feet; thence continue along said right of way line North 89°42'30'' East 2587.54 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record Containing 61.85 acres more or less Bearings are based on the east line of said Section 24 being South 00°14'17'' West. By "~7~'~'Z.~:¢_..~-~ ~ ~ Date ~,- ?.- O .2.. MarcU& L. Berman, p.S.M. LS# 5086 Certificate of Authorization # LB-43 Ref. Plat N0229-018-000- - 0 ~ ~ AO.W. Division of Corporations Page 1 of 2 Florida De. parlgnen t of Sta re, Division of Co rpora tions Public .In.~ .uir..y Florida Profit COLLIER LAND DEVELOPMENT, INC. PRINCIPAL ADDRESS 3003 TAMIAMI TRAIL NORTH NAPLES FL 34103 MAILING ADDRESS 3003 TAMIAMI TRAIL NORTH NAPLES FL 34103 Document Number FEI Number Date Filed P99000041645 593579549 05/03/1999 State Status Effective Date FL ACTIVE NONE £ Registered At~ent 3003 TAMIAMI TRAIL NORTH NAPLES FL 34103 Officer/Director Detail Name&Address II Title FLOOD, THOMAS 3003 TAMIAMI TRAIL N. #400 PD~ NAPLES FL 34103 BIRR, JEFFERY 3003 TAMIAMI TRAIL N. #400 , NAPLES FL 34103 FLORA, TERRY 3003 TAMIAMI TRAIL N. #400 VSD NAPLES FL 34103 CORINA, ROBERT D 3003 TAMIAMI TRAIL WEST VT NAPLES FL 341O3 .../cordet. exe?al =DETFIL&n 1 =P99000041645 &n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=&6/17/2002 .Division of Corporations Page 2 of 2 O'COMNOR, JOHN D 3003 TAMIAMI TRAIL WEST V NAPLES FL 341O3 Annual Reports l] Report Year~oo~~oo,~o0o , II 'I II Filed Date ' Intangible Tax ]1 o,/o~aooo o~/omoo~ 04/02/2001 ][ II II No Events No Name History Information View Document Image(s) THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .../cordet.exe?a 1 =DETFIL&n 1 =P99000041645&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2= 6/17/2002