Hemmingway PlaceE£,E~VED
200?
COMMUNITY DEVELOPMENT ~'~ °~ ~:°~'"~ Comm-i~ ~,:~,~
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: ~ Administrative Assistant
FROM' John R. Houldsworth, Senior Engineer
DATE: August 22, 2002
RE: He~mmin~lway .?lac9
Pr~~~thorization
Attached please find a Preliminary Work Authorization for
Hemmingway Place. 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
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this /~' day of /:j~,~,_t '7- ,:J~lt,~, by and
between the Board of County Commissioners of Collier County, Florida hereinafter referred to as
"County", and r.C,,,.,e,,~ccar~ J'~'~/f~l d..Yet",;. ~z_ F,r,o~, hereinafter referred to as "owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No? known as the
~o/Z'. t-' ag) c.- Ordinance, hereinafter referred to as the ~:~c.- ; and
WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in
j>g,;r ,8,,/,/,~ ,')~E -) , said legal description attached hereto as Exhibit "A" and incorporated
herein by reference; and
WHEREAS, the South Florida Water Management District is currently reviewing an application for
a surface water management permit for ,~-,~,,,~g.t.~5' /~,ott~ SFWMD Application No.//- Ot fe~t3 .- ~
and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because,~.~.r,.a- ~- o,.-,,', ~ -- ,--, c,....?,a~:~/",~ _c.-/-~,,_,~,4;~. ,--~-o..-.-'.~ _.re:~j'~,..q ; and
WHEREAS, Owner represents and warrants that no construction shall occur in environmentally
sensitive area unless the necessary permits and approvals for the construction have been obtained by
the Owner; and
WHEREAS, Owner acknowledges that all requir..e~erllls of..C_oilier County's Growth Management
Plan and Adequate Pubhc Facilities Ordinance, ~~ willie met prior to approval of a final
subdivision plat, or a 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:
SECTION 1 - 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:
(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 preliminary work detailed in this Section shall be in accordance with plans entitled
34e,n'dj~a,~y ?l~ce consisting of ti sheets, prepared by
, datea ,,k.,,~ ,4 d&twc2hereinafter referred to as "The Preliminary Work". The I'~gal des'iffiption of
the boundaries of the preliminary Work is shown on the preliminary plat for ,',ff,-,~,-,,cv-~,-v /'/c-ce
consisting of ..~ sheets prepared by a4Z,~-.~'¢.~ c-,,Y /,-~,Z~.~fk~j-
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 witlV~e requirements of Sections 3.2.8"n'hd 3:2.9 of the Land
Development Code)
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.
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 (Proje~
l',;,~,~e) until the (larejec~_ Plat Name) plat is approved and recorded, rJ.~,-,./~ *-37
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.
SECTION 7 - LIMITATIONS
This Agreement shall expire thirty (30) days from the date of the issuance of the prelimina~
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 this Agreement the day first above written.
Printe~m. e ~
Approved as:~6 fom:~dlegal -
Assist~t Co~ Attorney
(ow
Board of County Commissioners
of Collier.~unty, F)6rid~,~
...~-tl~..5 0.c~t,,~) CJ/a'qrman
(Appropriate Notary Block for Owner)
(3)
.,,~'.~; ~.gg,~ JAMES T. SCHULZE
"'~" "~'~ MY COMMISSION # DD 044108
~*: "~' EXPIRES: November 23, 2005
'~,~,~,' Booded Thru Notary Public U._~d._e _r~-vrit....er._s
Attachment A:
Legal Document:
Lot 72, Naples Improvement Company's Little Farms according to the plat thereof as
recorded in Platt Book 2, page 2, Public Records of Collier Count Florida LESS the Oak
Knoll Unit No. 1 Subdivision as shown in Plat Book 4, page 42, Public Records of
Collier County, Florida and LESS the easterly 100 feet of Oak Knoll Unit. 1.
LAND TRUST AGREEMENT
THIS LAND TRUST AGREEMENT, Number 330 dated March 30,1998, by and
between AMERICAN FUNDING, A FLORIDA CORPORATION UNDER TRUST
AGREEMENT hereafter called the "Trustee" which designation shall include all
successor trustees, and AMERICAN FUNDING, AND ELODORADO BANK CFBO
GARY WEAVER, IRA hereinafter called the "Beneficiaries".
WITNESSETH
WHEREAS, WHITTENBERG DEVELOPMENT CORPORATION will convey
to the Trustee, as Trustee under this agreement, dated March ~ D 1998 title to the
property in Collier County, Florida (herein called the "Property"); more fully described as
follows:
The East 1413 feet of Lot 72, NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS, excepting therefrom Right-of-way, according to Plat Book 2, Page 2, Public
Records of Collier County, Florida.
WHEREAS, when the Trustee takes title to the Property, or to any other property
conveyed to it as Trustee under this Agreement, it will hold the title, in trust, for the uses
and purposes and subject to the terms and conditions as hereinafter set forth; and,
WHEREAS, it is the further intent of Trustee to take title to the Property in
accordance with the provisions of Section 689.071, Florida Statutes; and,
WHEREAS, the Trust created by this instrument shall be known for all purposes
as LAND TRUST Number 330.
NOW, THEREFORE, in consideration of the mutual premises herein, contained the
parties hereto agree as follows:
Property. Title to the' Property shall be conveyed to the Trustee in accordance
with the rights of the parties to the extent applicable, set forth in section
689.071, Florida Statutes. The Trustee agrees to accept the deed to the
Property and to cause said deed to be recorded in the Public Records of Collier
County., Florida, and to hold title, to the Property for the uses and purposes
herein stated. The Beneficiaries'shall advance to the Trustee all monies
required by the Trustee to record said deed including, but not limited to, all
appropriate documentary stamp taxes. The Beneficiaries may not dedicate or
cause any other property to be conveyed to the Trustee under this Trust
Agreement unless the Trustee consents hereto in writing. Should other
property subsequently be conveyed to the held by the Trustee pursuant to this
Tust Agreement, the term "Property" as used herein shall mean and refer to all
property, title to which is held by the Trustee pursuant to this Trust
Agreement. This Trust Agreement is identified as the LAND TRUST Number
330 dated the __ day of MARCH, 1998.
2. Value of Purchase: Thc purchase price of said property is $945,000.00.
Names, addresses and Interest of initial Beneficiaries:
(a) The following is the Beneficiaries of this Trust, and such shall be
entitled to all of the earnings, and proceeds of the trust property
according to the percentage interest set forth opposite its name:
NAM~ OF BENEFICIARIES
INITIAL INTEREST IN TRUST
AMSCAN FUNDING
ELDORADO BANK CFBO-
GARY WEAVER
50%
50%
(b) The interest of the Beneficiaries shall consist solely of the following rights
respecting the trust property.
Power to direct the Trustee to deal with title to the Property,
which power shall include, but is not limited to, directions to
the Trustee to execute deeds, leases, mortgagees, promissory
notes and all other instruments relating to the Property,
However, the Trustee shall have no individual liability
whatsoever nor shall the Trustee be required to furnish any
warranties the would result in any individual liability in regard
to the execution of any such instruments.
(2) Power to manage, possess, use and control the Property.
(3)
Right to receive the earnings, avails and proceeds fi.om leases
and other uses and from mortgages, sales and other dispositions
of the Property.
(4) Enjoyment of all rights and privileges regarding the Property as
if the Beneficiaries were the legal and equitable owner of the
Property.
Such rights powers, as well as the interest of the Beneficiaries under this Trust
Agreement, shall be personal property. The Beneficiaries shall not have any right,
title or interest in or to any portion of the legal or equitable title to the Property, If
the Beneficiaries are individuals, the death of the Beneficiaries (or any of the
persons contained in the term Beneficiaries if more than one person signs this
Trust Agreements as the Beneficiaries) shall not terminate this Trust Agreement
or the trust created hereby or affect the rights or powers of the Trustee or of the
Beneficiaries except as provided by law and the interest of the Beneficiaries of
this Trust Agreement, pass to his/her personal representative and not to his
devisees or heirs .at law.
.:
4. Objects and Purposes of Trust. The objects and purposes of this Trust shall be
to hold title to the Property until its sale or other disposition or liquidation or until
the expiration of this Trust Agreement as provided in paragraph 14 below.
o
Beneficiaries Manage and Operate Trust Property_. The Beneficiaries shall
have the sole possession, management and control of selling, renting,
repairing, maintaining and handling of the Property and the Trustee shall have
no right or duty in respect to such matters. The Beneficiaries shall and does
hereby indemnify and hold the Trustee harmless from and against all
expenses, including attorney's fees, obligations and liabilities which the
Trustee may incur or become liable for by virtue of the Beneficiaries
performing the matters set forth herein or by virtue of the fact that the trustee
holds legal title to the Property,
6. Protection of Third Parties dealing with Trustee. No party dealing with the
Trustee in relation to the Property in any manner whatsoever, and (without
limiting the foregoing) no party to whom the Property or any part of it or any
interest in it shall be conveyed, contracted or sold, leased or mortgaged by the
Trustee, shall be obliged (a) to see the application of any purchase money, rent or
money borrowed or otherwise advanced on the Property, (b) to see that the terms
of this Trust Agreement have been complied w/th, (c) to inquire into the
authority, necessity or expediency of any act of the Trustee or (d) be privileged to
inquire into any of the terms of this Trust Agreement. Every deed, mortgage,
lease or other instrument executed by the Trustee in relation to the Property shall
be conclusive evidence in favor of every person claiming any right, title or interest
under the Trust (a) that at the time of its delivery the Trust created under this
Agreement was in full force and effect; (b) that instrument was executed in
accordance with the terms and conditions of this Agreement and all its
amendments, if any, and is binding upon all beneficiaries under it; ( c ) that the
Trustee was duly authorized and empowered to execute and deliver each such
instrument; (d) if a conveyance has been made to a successor or successors in
trust, that the successor or successors have been appointed properly and are vested
fully with all the title, estate, rights, powers, duties and obligations of its, his or
their predecessor in trust.
7. Trust Agreement Not to be Recorded. This Agreement shall not be placed on
record in the county in which the trust property is situated, or elsewhere, but if it
is so recorded, that recording shall not be considered as notice of the rights of any
person under this agreement derogatory to the title or powers of the Trustee.
8. Multiple Beneficiaries. In the event that the term "Beneficiaries" as used in
this trust Agreement includes more than one beneficiary, then, in that event, all
persons included in the term "Beneficiaries" shall be jointly and severally liable
for obligations of the Beneficiaries under this Trust Agreement.
9. Trustee Responsibility to Make Advances or Incur or Pay Expenses. The
Trustee shall have the tight, but not the duty, to make any advances or pay any
expenses on account of this Trust Agreement or the Property. If the Trustee shall
make any such advances or incur or pay any such expenses on account of this
Trust Agreement of the Property, or shall incur any expenses by reason of being a
party to obligaitons in connection with this Trust Agreement or the Property, or if
the Trustee shall be compelled to pay money on account of this Trust Agreement
or the Property, whether for breach of contract, injury to person or property, taxes
of any kind, fines or penalties under any law, or otherwise the Beneficiaries, on
demand by the Trustee, shall pay to the Trustee, with interest at the highest rate
permitted by law, the amount of all such expenses, advances or payments made by
the Trustee, plus all its expenses, including attorneys' fees, incurred by the
Trustee in said matters, including attorneys' fees for appeals.
10. Resignation or Death of Trustee. The Trustee may resign at any time by
giving written notice of such intention to resign to the Beneficiaries. The
resignation shall become effective after the Trustee shall have executed any and
all documents furnished to the Trustee by the Beneficiaries and satisfactory to the
Trustee for execution, which documents shall be for the purpose of conveying to
any successor trustee all existing rights of Trustee under this Trust Agreement and
title to the property provided, however, that in all events said resignation shall
become effective no later than thirty (30) days after notice of resignation has been
delivered to the beneficiaries. If the Trustee is advised in writing by the
Beneficiaries as to who the successor trustee is to be, the Trustee has the right, by
not the duty, to prepare, execute, deliver andJor record any and all documents
which are necessary in the absolute discretion of the Trustee to convey or transfer
title to the Property to such successor trustee. If notice of the successor trustee is
not given to the Trustee in writing within twenty (20) days after notice'of
resignation has been delivered to the Beneficiaries, the Trustee may convey title to
the Property to the Beneficiaries (and if more than one then in accordance with
respective interests of the Beneficiaries as set forth in paragraph 3 of this Trust
Agreement), and the: deed of conveyance ma.y be recorded by the Trustee.
11. Florida Law Govems. This Agreement shall be construed in accordance with
the laws of the State of Florida.
12. Notices. Any notice required to be given by the terms of this Agreement or
by any applicable law by either party shall be in writing and shall be either hand
delivered or sent by certified or registered mail, return receipt requested.
If to Trustee:
13. Successors Bound by this Agreement. A successor trustee may only be
appointed by a majority of beneficiaries. Every successor Trustee shall become
fully vested with al! the title, estate, rights, powers, trusts and shall be subject to
the duties and obligations of its predecessor under this Trust Agreement. The
term Trustee shall thereafter mean and refer to said successor trustee.
14. Term. The term of this Trust Agreement shall be for a period of twenty-one
(21) years from the date of this trust agreement, unless sooner terminates
otherwise provided in this Trust Agreement. Upon expiration of this Trust
agreement the Trustee shall convey the Property to the Beneficiaries.
15. Assignment of Beneficial Interest. The Beneficiaries may not assign any
interest as Beneficiaries under this Trust Agreement except to family members set
forth in the initial paragraph of the trust agreement and only after both of the
following two (2) conditions have been met:
(a)
the original or executed duplicate of any assignment subscribed in the
presence of two witnesses is delivered to the Trustee and the trustee
has accepted in presence of two witnesses is delivered to the Trustee
and the Trustee has accepted in writing said assignment provided,
however, that the Trustee shall be under no duty or obligation
whatsoever to so accept any assignment, and the Trustee any in its
absolute discretion determine whether or not to accept said assignment
and may in its discretion reject said assignment; and
(b)
the assignee of any beneficial interest agrees in writing to be bound by
all the duties and obligations Of the Beneficiaries under this Trust
Agreement including, but not limited to, the duty and obligations to
pay to the Trust all advances and expenses set forth above.
16. DEATH OF BENECICIARY Upon the death of any beneficiary, said share
of the deceased beneficiary shall be valued at the fair market value at the time of death
and shall be sold to the 'remainihg b. enefici .aries. Said sale to take place no later than 120
days following the date of death. All proceeds shall then be 'diStributed to the estate of
the deceased beneficiary.
~0'~ dZO:~O I0-0£-~
I t'ZE/GLE~Y CER~-,bar on ~ d.t,y, before me, ~n officw duly lurl~m/2~ in
day of ~E..~__.~=~, 199B. ~ ,, .., ·
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
FORT MYERS SERVICE CENTER 2301 McGregor Boulevard, Fort Myers, FL 33901
(941) 338-2929 · FL WATS 1-800-248-1201 o Suncom 748-2929 · Fax (941)338-2936 · www.sfwmd.gov/org/exo/ftmyers/
CON 24-06
Environmental Resource Regulation
Application No.: 020503-3
May 23, 2002
AMERICAN FUNDING AND SERVICE CORP
720 GOODLETTE ROAD NORTH
SUITE 320
NAPLES, FL 34102
Dear Permittee:
SUBJECT: PERMIT NO.: 11-01820-P
Project : HEMINGWAY PLACE
Location: Collier County, S22/T49S/R25E
District staff has reviewed the information submitted May 3, 2002, for the addition of 3" bleeder orifices and
a berm in the roadside swales which provide water quality pre-treatment for the run-off prior to discharging
into the surface water management system as shown on sheet 3, signed and sealed by Michael J Landy,
P.E. on May 3, 2002. No other changes to the surface water management system are authorized by this
modification.
Based on that information, District staff has determined that the proposed activities are in compliance with
the original surface water management Permit and appropriate provisions of FAC Rule 40E-4.331(2)(b).
Therefore, these changes have been recorded in our files.
Please understand that your permit remains subject to the Standard Limiting Conditions and all other
Special Conditions not modified and as originally issued.
Should you have any questions concerning this matter, please contact this office.
Sincerely,
Sr Supv Engineer
Ft Myers Service Center
RT/ss
c: Collier County Engineer
Landy Engineering Inc
GOVERNING BOARD
EXECUTIVE OFFICE
Trudi K. Williams, P.E., Chair Michael Collins Patrick J. Gleason, Ph.D., P.G. Hem'v Dean Executive Director
Lennart E. Lindaht, P.E., Vice-Chair Hugh M. English Nicolas J. Guti~rrez, Jr., Esq.
Pamela Brooks-Thomas Gerardo B. Fernzindez Harklev R. Thornton
DISTRICT HEADQUARTERS: 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, FL 33416-4680 · (561) 686-8800 · FL WATS 1-800-432-2045
Form #0941
08/95
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ENVIRONMENTAL RESOURCE
STANDARD GENERAL PERMIT NO. 11-01820-P
DATE ISSUED: February 1, 2002
PERMITTEE: AMERICAN FUNDING AND SERVICE CORP
720 GOODLETTE ROAD NORTH
SUITE 305
NAPLES, FL 34102
PROJECT DESCRIPTION: Modification to authorize Construction and operation of a surface water management
system to serve a 9.83 acre residential project known as Hemingway Place.
PROJECT LOCATION: COLLIER COUNTY, SEC 22 TWP 49S RGE 25E
PERMIT DURATION: See Special Condition No:l. See attached Rule 40E-4.321, Florida Administrative
Code.
This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 011019-12, dated October 19, 2001.
This action is taken pursuant to Rule 40E-1.603 and Chapter 40E-40, Florida Administrative Code (F.A.C.).
Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this
project subject to:
1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing.
2. the attached 19 General Conditions (See Pages: 2 - 4 of 5 ),
3. the attached 12 Special Conditions (See Pages: 5 - 5 of 5 ) and
4. the attached 7 Exhibit(s).
Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you
desire a public headng or other review of the proposed agency action. Please contact this office if you have any questions concerning this
matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the
attached distribution list) no later than 5:00 p.m. on this 1st day of February, 2002, in accordance with Section
120.60(3), Florida Statutes.
BY:
Certified mail number
Chip Merriam
Director
Ft Myers Service Center
7099 3400 0007 6217 1215
Enclosures
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