Carlton Lakes Phase 3-CCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson. AdminLstrative Assistant
DATE: October 21, 2002
RE:
Carlton Lakes Phase 3-C
Prehm~nary Work ~uthorlzat~on
Attached please find a Preliminary Work Authorization for Carlton
Lakes Phase 3-C. This document has been reviewed by Engineering
Review and the County Attorney's Office. Collier County Resolution
No. 9~71~7~ ' ; .j~.ative 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
"CARLTON LAKES UNIT 3C"
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into thi:,~/--~y~ of (,~O~. 2002, by and between the
Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County",
and NTC Development, LTD., hereinafter referred to as the "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 99-75 known as the
Carlton Lakes PUD Ordinance, hereinafter referred to as Carlton Lakes; and
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands
described in Plat Book 34, Page 67, prepared by Agnoli, Barber & Brundage, Inc., said legal
description attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has previously issued a permit
for a surface water management permit for Carlton Lakes Unit 2, SFWMD Permit No.
11-01404-P issued February 15, 2001 (see attached Exhibit B); and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because failure to commence work on this project immediately will result in financial hardship to
owner and may adversely affect the feasability of the project; 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:
SECTION 1 - ACKNOWLEDGMENT
The foregoing recitals are tree 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:
(see Exhibit C).
The preliminary work detailed in this Section shall be in accordance with plans entitled
Carlton Lakes Unit 3C; consisting of 9 sheets, prepared by Agnoli, Barber & Brundage, Inc.,
dated May 28, 2002, hereinafter referred to as "The Preliminary Work". The legal description of
the boundaries of the Preliminary Work is shown on the preliminary plat for Carlton Lakes Unit
No. 3C consisting of 4 sheets prepared by Agnoli, Barber & Brundage, Inc.
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:
FP -AR#1258
SECTION 3 - PERM1TS REQUIRED
Issuance of the Preliminary Work permits shall be conditioned upon the following:
a. 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.
b. 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.
SFWMD Permit # 11-01404-P issued 2/15/01
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 within Carlton Unit
3C 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 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 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 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 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 W1TNESS WHEREOF, the parties have executed this Agreement the day first above
written. NTC Development, LTD.
A Florida limited partnership
Printed name
Wiliness -- ~_~ ~///
Printed name /
By: SW Florida Partners, Inc.
it,~Gelneral P~rtn~
Robert G. Claussen, President
~~s ~and legal sufficiency:
Assistant County Attorney · '~0/~ ~'.'~/qB
BOARD OF COUNTY COMMISSIONERS
OF COLLIER.,C~UNTY/FLORIDA
James ~r~eoletta,' Cti-a-irm-~an-~- '~
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Application was acknowledged before me this I~°°''~ day of Q()0_...-~)~ ,
personally known to me, t~r who has
Oproduced g
as identification and who did (did not) take an oath.
Signature o~?otar~
Public Seal ,._~..]Q ~/,~/~p/. ~_ (~.~_~.~//~)
Print name of Notary Public
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
4
LAND DESCR/P770N OF THE NORTHERN PORTION OF CARLTON LAKES UNIT NO. $ PLAT
A PARCEL OF LAND LYING IN THE WEST ONE-HALF (W1/2) OF SEC770N 19, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECT/ON 19, SAID POINT
LYING NORTH 89"20'04" EAST 40.00 FEET FROM THE NORTHWEST CORNER oF SAID
SECT/ON 19;
THENCE NORTH 89'20'04" EAST ALONG SAID NORTH LINE FOR A D/STANCE OF 2592.69
FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER (NWl/4) OF SAID SECT/ON
19;
THENCE SOUTH 01'08'14" EAST ALONG THE EASTERLY LINE OF SAID NORTHWEST
QUARTER (NWl/4) FOR A DISTANCE OF 1716.05 FEET TO THE NORTHERLY LINE OF PELICAN
STRAND REPLAT-1A AS RECORDED IN PLAT BOOK 28, PAGES 66 THROUGH 69, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 89'09'55" WEST ALONG SAID NORTHERLY LINE FOR A DISTANCE OF
755. 95 FEET;
THENCE LEAWNG SAID NORTHERLY LINE NORTH 00'50'05" WEST FOR A DISTANCE OF
205.06 FEET;
THENCE NORTH 67'42'26" EAST FOR A DISTANCE OF 66.19 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS
NORTH 67'42'26" EAST;
THENCE NORTHERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 125.00
FEET, A CENTRAL ANGLE OF 44'14'50" FOR AN ARC DISTANCE OF 96.53 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE NORTHERLY ALONG SAID CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 471.08
FEET, A CENTRAL ANGLE OF $$'05'27" FOR AN ARC DISTANCE OF 272.07 FEET TO A
POINT OF INTERSECTION WITH A NON--TANGENT LINE;
THENCE NORTH 78'51'49" EAST FOR A DISTANCE OF 50.00 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS
SOUTH 78'51'49" WEST;
THENCE NORTHERLY ALONG SAID CURVE, CONCAVE W~STERLY, HAVING A RADIUS OF 521.08
FEET, A CENTRAL ANGLE OF 06'10'22" FOR AN ARC DISTANCE OF 56.14 GET TO A
POINT OF REVERSE CURVATURE; ::
THENCE NORTHERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 25.00
FEET, A CENTRAL ANGLE OF 74'15'$8" FOR AN ARC DISTANCE OF $2.40 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 227.50 FEET, A CENTRAL ANGLE OF 15'57'22" FOR AN ARC DISTANCE OF 55.41
FEET TO A POINT OF REVERSE CURVATURE;
THENCE EASTERLY ALONG SAID CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF
25.00 FEET, A CENTEAL ANGLE OF 75'22'04" FOR AN ARC DISTANCE OF 32.89 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS
OF ,350.00 FEET, A CENTRAL ANGLE OF 08'12'15" FOR AN ARC DISTANCE OF 50.11
FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE;
THENCE NORTH 20'09'34" EAST FOR A DISTANCE OF 50,00 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS
NORTH 20'09'34" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS
OF $00.00 FEET, A CENTRAL ANGLE OF 07'02'$4" FOR AN ARC DISTANCE OF 36.88
FEET TO A POINT OF COMPOUND CURVATURE;
THENCE NORTHERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
25.00 FEET, A CENTRAL ANGLE OF 82'54'06" FOR AN ARC DISTANCE OF 36.17 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE NORTHERLY ALONG SAID CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 227.50
FEET, A CENTRAL ANGLE OF 28'25'32" FOR AN ARC DISTANCE OF 112.74 FEET TO A
POINT OF COMPOUND CURVATURE'
THENCE NORTHERLY ALONG SAID 'CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 265.00
FEET, A CENTRAL ANGLE OF 16'45'17" FOR AN ARC DISTANCE OF 77.49 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE NORTHERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 25.00
FEET, A CENTRAL ANGLE OF 80'04'19" FOR AN ARC DISTANCE OF 34.94 FEET TO A
POINT OF TANGENCY;
THENCE NORTH 55'01'44" EAST FOR A DISTANCE OF 64.28 FEET TO A POINT OF
CUR VA TURE;
THENCE NORTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 450.00 FEET, A CENTRAL ANGLE OF 05'12'0,,3" FOR AN ARC DISTANCE OF $9.05
FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE;
THENCE NORTH 58'10'25" WEST FOR A DISTANCE OF 50.05 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS NORTH
40'26'07" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 380.00 FEET, A CENTRAL ANGLE OF 05'27'51" FOR AN ARC DISTANCE OF $6.24
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 55'01'44" WEST FOR A DISTANCE OF 64.28 FEET TO A POINT OF
CUR VA TURE;
THENCE WESTERLY ALONG SAID CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF
25.00 FEET, A CENTRAL ANGLE OF 80'04'19" FOR AN ARC DISTANCE OF ,]4.94 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE NORTHWESTERLY ALONG SAID CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS
OF 265.00 FEET, A CENTRAL ANGLE OF 49'11'42" FOR A~I ARC DISTANCE OF 227.53
FEET TO A POINT OF INTERSECT/ON WITH A NON-TANGENT LINE;
THENCE NORTH 40'21'20" WEST FOR A DISTANCE OF 200.77 FEET TO A POINT OF
CUR VA TURE;
THENCE WESTERLY ALONG SAID CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF'
. t85.00 FEET, A CENTRAL ANGLE OF 62'30'02" FOR AN ARC DISTANCE OF 201.81 FEET
TO A POINT OF INTERSECT/ON WITH A NON-TANGENT LINE;
THENCE NORTH 11'09'16" EAST FOR A DISTANCE OF 27.05 FEET TO A POINT OF
CUR VA TURE;
THENCE NORTHWESTERLY ALONG SAID CURV~, CONCAVE SOUTHWESTERLY, HAVING A
4
SEC I
CON T.
THENCE NORTHER
FEET, A CENTRAL
POINT OF INTERSJ
THENCE NORTH $.
THENCE 50UTH 5~
CUR VA TURE:
THENCE SOUTHWE.
OF 100.00 FEET, ,
FEET TO A POINT
THENCE SOUTHWE:
OF 25.00 FEET, A
FEET TO A POINT
THENCE SOUTH 8~
THENCE NORTH Of.
BEGINNING;
CON TAINING 59,201
SUBJECT TO EA.~I~
RECOeO~ ~ ~ 1~1
~x (e) ~
~ET ~ A ~T ~
CURVA
~ 25.~ ~E~. A ~
FEET TO A P~NT ~
~ENCE 5~EAS~
FEET TO A P~NT ~
THENCE NORTHERLY ALONG SAID CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 471.08
FEET, A CENTRAL ANGLE OF 55'05'27" FOR AN ARC DISTANCE OF' 272.07 FEET TO A
POINT OF INTERSECTION WITH A NON-TANGENT LINE;
THENCE NORTH 78'51'49" EAST FOR A DISTANCE OF 50.00 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEAR3~
~H,UTH 78'51'49" WEST;
;,,~ HENCE NORTHERLY ALONG SAID C.,UR.VE,. CONCAVE WESTERLY, HAVING A RADIUS OF 521.08
F_~_E,T, A CENTRAL ANGLE OF 06'1022. FOR AN ARC DISTANCE OF 56.14 FEET TO A
~'P~INT OF REVERSE CURVATURE;
THENCE NORTHERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 25.00
Fpo~T~ A CENTRAL ANGLE OF 7475'$8" FOR AN ARC DISTANCE OF $2.40 FEET TO A
OF REVERSE CURVA TURF;
THEI~E NORTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 227.50 FEET, A CENTRAL ANGLE OF 15'57'22" FOR AN ARC D/STANCE OF 55.41
FEET TO '~ POINT OF REVERSE CURVATURE;
THENCE EAE;TERLY ALONG SAID CURVE. CONCAVE SOUTHERLY, HAVING A RADIUS OF
25.00 FEET, A CENTRAL ANGLE OF 75'22'04" FOR AN ARC DISTANCE OF 32.8g FEET
TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS
OF $50.00 FEET, A CENTRAL ANP, LE OF 08'12'13" FOR AN ARC DISTANCE OF 50.11
FEET TO A POINT,, OF INTERSECTION WITH A NON-TANGENT LINE;
THENCE NORTH 20~9'34" EAST FOR A DISTANCE OF 50.00 FEET TO A POINT OF
INTERSECTION FvlTH~",A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS
NORTH 20'09'34"
THENCE NORTHWESTE~,y ALONG SAID CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS
OF $00.00 FEET, A CENTRAL ANGLE OF 07°02'$4'' FOR AN ARC DISTANCE OF 36.88
FEET TO A POINT OF C~POUND CURVATURE;
THENCE NORTHERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
25.00 FEET, A CENTRAL ~IGLE OF 82'54'06" FOR
TO A POINT OF REVERSE.,~RVATURE; AN ARC DISTANCE OF 36.17 FEET
THENCE NORTHERLY ALONG?'.~AID CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 227.50
FEET, A CENTRAL ANGLE 0F'~8'23'$2'' FOR AN ARC DISTANCE OF 112.74 FEET TO A
POINT OF COMPOUND CURVATURE;
THENCE NORTHERLY ALONG SAID'~'~,,URVE, CONCAVE WESTERLY, HAVING A RADIUS OF 265.00
FEET, A CENTRAL ANGLE OF 16'#5~I~" FOR AN ARC DISTANCE OF 77.49 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE NORTHERLY ALONG SAIO CUR~,. CONCAVE EASTERLY, HAVING A RADIUS OF 25.00
FEET, A CENTRAL ANGLE OF 80'04'19" F~ AN ARC DISTANCE OF 34.94 FEET TO A
POINT OF TANGENCY;
THENCE NORTH 55°01'44" EAST FOR A DISTA~E OF 6428 FEET TO A POINT OF
CUR VA TURF; ' ,~. ' .
THENCE NORTHEASTERLY ALONG SAID CURVE,
OF 430.00 FEET, A CENTRAL ANGLE OF 05'I~
FEET TO A POINT OF INTERSECTION WITH A NON:..
THENCE NORTH 38'10'25" WEST FOR A DISTANCE OF
INTERSECTION WITH A NON-TANGENT CURVE FROM
40'26'07" WEST;
NORTHWESTERLY, HAVING A RADIUS
AN ARC DISTANCE OF ,.]9.03
GENT LINE;
LOS FEET TO A POINT OF
THE RADIUS POINT BEARS NORTH
THENCE SOUTHWESTERLY ALONG SAID CURVE, LY, HAVING m RADIUS
OF 380.00 FEET, A CENTRAL ANGLE OF 05'27'51" FOR AN DISTANCE OF ,]6.24
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 55'01'44" WEST FOR A DISTANCE OF 64.28 TO A POINT OF
CUR VA TURF;
THENCE WESTERLY ALONG SAID CURVE, CONCAVE NORTHERLY, ,I~G A RADIUS OF
25.00 FEET, A CENTRAL ANGLE OF 80'04'19" FOR AN ARC DISTANC~DF ,.34.94 FEET
TO A POINT OF REVERSE CURVATURE; ' ~
THENCE NORTHWESTERLY ALONG SAID CURVE, CONCAVE SOUTHWESTERL~tkHAVlNG A RADIUS
OF 265.00 FEET, A CENTRAL ANGLE OF 49'11'42" FOR AN ARC DISTANCL~OF 227.55
FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; ~
THENCE NORTH 40'21 '20" WEST FOR A DISTANCE OF 200. 77 FEET TQ A PO OF
CUR VA TURF; TO A PO~lkO
THENCE WESTERLY ALONG SAID CURVE, CONCh.AVE SOUTHERLY, HAVING A RADIU~F
185.00 FEET, A CENTRAL ANGLE OF 62'$0'02 FOR AN ARC DISTANCE OF 201.81~T
TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE;
THENCE NORTH 11°09'16" EAST FOR A DISTANCE OF 27.05 FEET TO A POINT OF
CUR VA TURF; -'
OF 45.00 FEET, A CENTRAL ANGLE OF 82"30'25" FOR AN ARC DISTANCE OF 64.80
FEET TQ A POINT OF TANGENCY;
THENCE NORTH 71'21'08" WEST FOR A DISTANCE QF 108.17 FEET TQ A POINT OF
CUR VA TURF;
THENCE WESTERLY ALONG SAID CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 45.00
FEET, A CENTRAL ANGLE QF 42'57'39" FOR AN ARC DISTANCE QF $$. 74 FEET TO A
POINT OF TANGENCY;
THENCE SOUTH 65'41'12" WEST FOR A DISTANCE OF 29.85 FEET;
THENCE SOUTH 08"44'45" WEST FOR A DISTANCE OF 53.66 FEET;
THENCE SOUTH 28'50'$1" WEST FOR A OISTANCE OF 75.50 FEET TQ A POINT OF
CUR VA TURF; ·
THENCE SOUTHERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
85.00 FEET, A CENTRAL ANGLE OF 20'$9'24" FOR AN ARC DISTANCE OF ,]0.65 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHWESTERLY ALONG SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 485.00 FEET, A CENTRAL ANGLE OF 65'28'16" FOR AN ARC DISTANCE OF 554.20
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 75'19'25" WEST FOR A DISTANCE OF 99.47 FEET TO A POINT OF
CUR VA TURF;
THENCE SOUTHWESTERLY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS
OF 50.00 FEET, A CENTRAL ANGLE OF 65'13'38" FOR AN ARC DISTANCE OF 56.92
FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHWESTERLY ALONG SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS
O'F $85.00 FEET, A CENTRAL ANGLE OF 48'32'00" FOR AN ARC DISTANCE OF $26.12
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 56°37~44'' WEST FOR A DISTANCE OF 98.30 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS
SOUTH 10'27'04" WEST;
THENCE WESTERLY ALONG SAID CUR'VE, CONCAVE SOUTHERLY, HAVIN~ A RADIUS OF 645.00
FEET, A CENTRAL ANGLE OF 10'04'00" FOR AN ARC DISTANCE OF 113.32 FE£T TO A
POINT OF REVERSE CURVA TURF; '
This insfrument was prepored by Richard L. Shephord of
Agnoli, Barber ~ Brundoge,~inc., ProfesSional Engineers, Plonners
A SUBDIVISION PAR !
CTION rOWNSHIP 48 SOU rtI'
COLLIER CO 'LOI
CON To
THENCE NORTHERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 35.00
FEET, A CENTRAL ANGLE OF 146'14'40" FOR AN ARC DISTANCE OF 89.34 FEET TO A
POINT OF INTERSECTION WiTH A NON-TANGENT LINE;
THENCE NORTH 35'22'16" WEST FOR A DISTANCE OF 50.00 FEET;
THENCE SOUTH 56'37'44" WEST FOR A DISTANCE OF 2J. 57 FEET TO A POINT OF
CURVATURE;
THENCE SOUTHWESTERLY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS
OF 100.00 FEET~ A CENTRAL ANGLE OF 50'29'54" FOR AN ARC DISTANCE OF 88.14
FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHWESTERLY ALONG SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 25.00 FEET, A CENTRAL ANGLE OF 82'55'04" FOR AN ARC DISTANCE OF 36.17
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 89'00'54" WEST FOR A DISTANCE OF 298.65 FEET;
THENCE NORTH 00'59'06" WEST FOR A O/STANCE OF 1165.00 FEET TO THE POINT OF
BEGINNING;
CONTAINING 59.201 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
LAND DESCRIPTION OF THE SOUTHERN PORTION OF CARLTON LAKES UNIT NO. 3 PLAT
A PARCEL OF LAND LYING IN THE WEST ONE-HALF (Wl/2) OF SECTION 19, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE PLAT OF CARLTON LAKES UNIT NO.
AS RECORDED IN PLAT BOOK 26, PAGES 65 THROUGH 72, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA;
THENCE ALONG THE BOUNDARY OF THAT LAND OESCRIBED IN OFFICIAL. RECORD BOOK 767,
PAGES 1508 AND 1509 AND OFFICIAL RECORD BOOK 768, PAGES 828 AND 829, AS
RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWiNG
SIX (6) COURSES;
THENCE NORTH 01°07'34'' WEST FOR A DISTANCE OF 781.55 FEET;
THENCE NORTH 00'59'06" WEST FOR A DISTANCE OF 582.48 FEER
THENCE NORTH 89'00'54" EAST FOR A DISTANCE OF 560.00 FEET;
THENCE NORTH 00'59'06" WEST FOR A DISTANCE OF 800.00 FEET;
THENCE SOUTH 89'00'54" WEST FOR A DISTANCE OF 400.00 FEET;
THENCE NORTH 00'59'06" WEST FOR A DISTANCE OF 15.00 FEET;
THENCE LEAVING SAID LANDS NORTH 89'00'54" EAST FOR A DISTANCE OF 418.31 FEET
TO A POINT OF CURVATURE;
THENCE EASTERLY ALONG SAID CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 545.00
FEET, A CENTRAL ANGLE OF 11'50'25" FOR AN ARC DISTANCE OF 112.62 FEET TO A
POINT OF COMPOUND CURVATURE;
THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS
OF 25.00 FEET, A CENTRAL ANGLE OF 78'09'35" FOR AN ARC DISTANCE OF 54.10
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 00'59'06" EAST FOR A DISTANCE OF 61.40 FEET;
THENCE NORTH 89'00'54" EAST FOR A DISTANCE OF 50.00 FEET;
THENCE NORTH' 00'59'06" WEST FOR A DISTANCE OF 29.62 FEET TO A POINT OF
CUR VA TURE;
THENCE NORTHEASTERLY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS
OF 25.00 FEET, A CENTRAL ANGLE OF t15'25'17" FOR AN ARC DISTANCE OF 49.49
FEET TO A POINT OF COMPOUND CURVATURE;
THENCE SOUTHEASTERLY ALONG 5AID CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS
OF 545.00 FEET, A CENTRAL ANGLE OF 12'06'22" FOR AN ARC DISTANCE OF 115.15
FEET TO A POINT OF INTERSECTION WiTH A NON-TANGENT LINE;
THENCE SOUTH 00"59'06" EAST FOR A DISTANCE OF 186.78 FEET TO A POINT OF
CUR VA TURE;
THENCE SOUTHERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 200.00
FEET, A CENTRAL ANGLE QF 28"42'07" FOR AN ARC DISTANCE QF 100.19 FEET TO A
POINT OF TANGENCY;
THENCE SOUTH 29"41'12" EAST FOR A DISTANCE OF 51.59 FEET;
THENCE SOUTH 71'27'17" WEST FOR A DISTANCE OF 12.29 FEET;
THENCE' SOUTH 29'41'12" EAST FOR A DISTANCE QF 159.67 FEET;
THENCE SOUTH 60't8'48" WEST FOR A DISTANCE OF 80.00 FEET;
THENCE SOUTH 29'41'12" EAST FOR A DISTANCE OF 14.62 FEET;
THENCE SOUTH 60'18'48" WEST FOR A DISTANCE OF 172.85 FEET;
THENCE SOUTH 23'11'17" EAST FOR A DISTANCE OF 142.31 FEET;
THENCE SOUTH 65'13'39" EAST FOR A DISTANCE OF 180.27 FEET;
THFN~,,F SOUTH 2~"49'41" WEST FOR A DISTANCE OF 80.01 FEET TO A POINT OF
TRACT
L.B.E.
TRACT
W.C.E.
TRACT 'LB4'-J
L.B.E.
TRACT
OF 100.00 FEET, A CENTRAL ANGLE OF 50'29'$4" FOR AN 88,14
FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHWESTERLY ALONG SAID CURVE, ; HAVING A RAOIUS
OF 25.00 FEET, A CENTRAL ANGLE QF 82'5`]'0' ARC OISTANCE QF ,]6,17
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 89'00'54" WEST OF 298.65 FEET;
THENCE NORTH 00'59'06" OISTANCE OF 1155.00 FEET TO THE POINT OF
BEGINNING;
CONTAI ).201 ACRES OF LAND, MORE OR LESS.
~TO EASEMENTS AND RESTRICTIONS OF RECORD.
AS
COLLIER
THENCE ALONG
PAGES 1508
RECOROED IN THE
SIX (6) COURSES;
DESCRIPTION OF THE SOUTHERN PORTION OF CARLTON LAKES UNIT NO. $ PLAT
OF LAND LYING IN THE WEST ONE-HALF (W1/2,) OF SECTION 19, TOWNSHIP 48
26 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE
DESCRIBED AS FOLLOWS:
THE NORTHWEST CORNER OF THE PLAT OF CARLTON LAKES UNIT NO. 1,
IN PLA T BOOK 26, PAGES 65 THROUGH 72, PUBLIC RECORDS OF
FLORIDA;
BOUNOARY OF THAT LAND DESCRIBED IN OFFICIAL' RECORD BOOK 767,
09 AND OFFICIAL RECORD BOOK 768, PAGES 828 AND 829, AS
RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING
THENCE NORTH
THENCE NORTH
THENCE NORTH 89'00'54"
THENCE NORTH 00'59'06"
THENCE SOUTH 89"00'54"
THENCE NORTH 00'59'06" WES7
WEST FOR A DISTANCE OF 181.55 FEET;
FOR A DISTANCE OF 682.48 FEET;
~T FOR A DISTANCE OF 560.00 FEET;
FOR A DISTANCE OF 800.00 FEET;
FOR A DISTANCE OF 400.00 FEET;
A DISTANCE OF 15.00 FEET;
THENCE LEAVING SAID LANDS
TO A POINT OF CURVATURE;
THENCE EASTERLY ALONG SAID
FEET, A CENTRAL ANGLE OF 11'50'25"
POINT OF COMPOUND CURVATURE;
THENCE SOUTHEASTERLY ALONG SAID
OF 25.00 FEET, A CENTRAL ANGLE OF
FEET TO A POINT OF TANGENCY;
89'00'54" EAST FOR A DISTANCE OF 418.51 FEET
'~ONCAVE SOUTHERLY, HAVING A RADIUS OF 545.00
AN ARC DISTANCE OF 112.62 FEET TO A
CONCAVE SOUTHWESTERLY, HAVING A RADIUS
FOR AN ARC DISTANCE OF 54.10
THENCE SOUTH 00'59'06" EAST FOR A DISTAN OF 61.40 FEET;
THENCE NORTH 89'00'54" EAST FOR A OF 50.00 FEET;
THENCE NORTH 00'59'06" WEST FOR A DISTANCE. 29.62 FEET TO A POINT OF
CUR VA TURE;
THENCE NORTHEASTERLY ALONG SAID CURVE, C;~E SOUTHEASTERLY, HAVING A RADIUS
OF 25.00 FEET, A CENTRAL ANGLE OF 113'25'17" FO~AN ARC DISTANCE OF 49.49
FEET TO A POINT OF COMPOUND CURVATURE; ~,
THENCE SOUTHEASTERLY ALONG SAID CURVE, ,CON, CAVE~OUTHWESTERLY, HAVING A RADIUS
OF 545.00 FEET, A CENTRAL ANGLE OF 12'06 22 FOR ~ ARC DISTANCE OF 115.15
FEET TO A POINT OF INTERSECTION WITH A NON-TANGEN~LINE;
THENCE SOUTH 00'59'06" EAST FOR A DISTANCE OF 186.7~FEET TO A POINT OF
CUR VA TURE; ~'
THENCE SOUTHERLY ALONG SAID CURVE, CONCAVE EASTERLY~AVING A RADIUS OF 200.00
FEET, A CENTRAL ANGLE OF 28'42'07" FOR AN ARC DISTANC~F 100.19 FEET TO A
POINT OF TANGENCY; ~
THENCE 50UTH 29'41'12" EAST FOR A DISTANCE OF 51.59 FEET; ~
THENCE SOUTH 71'27'17" WEST FOR A DISTANCE OF 12.29 FEET; ~
THENCE' SOUTH 29'41'12" EAST FOR A DISTANCE OF 159.67 FEET; ~k
THENCE SOUTH 60'16'48" [ffEST FOR A DISTANCE OF 80.00 FEET; ~
THENCE SOUTH 29'41'12" EAST FOR A DISTANCE OF 14.62 FEET; ~
THENCE SOUTH 60'18'48" WEST FOR A DISTANCE OF 172.86 FEET; '~.
THENCE SOUTH 25'11'17" EAST FOR A DISTANCE OF 142.51 FEET; ~
THENCE SOUTH 65'15'59" EAST FOR A DISTANCE OF 180.27 FE · F
CUR VA TURE;
THENCE SOUTHERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
600.00 FEET, A CENTRAL ANGLE OF 49"42'00" FOR AN ARC DISTANCE OF 520.46 FEET
TO A POINT OF TANGENCY;
THENCE SOUTH 19'52'19" EAST FOR A DISTANCE OF 155.29 FEET;
THENCE SOUTH 86'16'11" WEST FOR A DISTANCE OF 285.19 FEET;
THENCE NORTH 76'24'56" WEST FOR A DISTANCE OF 217.95 FEET;
THENCE SQUTH 87'58'24" WEST FOR A DISTANCE QF 260.12 FEET TQ THE POINT QF
BEGINNING;
CONTAINING 18.922 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TRACT
TRACT
W.C.~-
TRACT 'LB4%
LB.E.
TRACT
LB.E.
L.B.E.
FORU 10157
Rev 08/9,5
PERIVIITTEE: CELEBRITY CONSTRUCTION
(CARLTON LAKES)
2405 PIPER BOULEVARD.
NAPLES, FL 34110-1387
OR)G)NAL PERM)T )$SUED:
OR)G~NAL PROJECT DE$CRIPT)ON:
APPROVED MODIFICATION:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ENVIRONMENTAL RESOURCE
PERMIT MODIFICATION NO. 11-01404-P
DATE ISSUED: FEBRUARY
15, 2001:' ~
MAY 9, 1996
CONCEPTUAL APPROVAL OF AN ENVIRONMENTAL RESOURCE PERMIT FOR A 245.8 ACRE RESIDENTIAL
/COMMERCIAL PROJECT CONTAINING 38.3 ACRES OF PRESERVED AREA OUTSIDE THE SWM SYSTEM AND A 207.5
ACRE AREA SERVED BY A SWM SYSTEM DISCHARGING TO THE COCOHATCHEE RIVER VIA THE COCOHATCHEE
CANAL. IN ADDITION, AUTHORIZATION FOR CONSTRUCTION/OPERATION FOR 48.49 ACRES CONSISTING OF A
PORTION OF THE SURFACE WATER MANAGEMENT SYSTEM, TWO RESIDENTIAL TRACTS AND AN ACCESS ROAD.
MODIFICATION TO AN ENVIRONMENTAL RESOURCE PERMIT AUTHORIZING 4.59 ACRES OF WETLAND IMPACT
PLUS APPROVAL OF WETLAND COMPENSATION THROUGH PURCHASE OF 4.05 MITIGATION BANK CREDITS.
PROJECT LOCATION: COLLIER COUNTY, SECTION 19 TWP 48S RGE 26E
PERMIT DURATION: Five years from the date issued to complete construction of the surface water management system as authorized
herein. See attached Rule 40E-4.321, Florida Administrative Code.
This Permit Modification is approved pursuant to Application No. 000630-1 I, dated June 29, 2000. Permlttee agrees to hold and
save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may
arise by reason of the construction, operation, maintenance or use of any activities authorized by this Permit. This Permit is Issued under
the provisions of Chapter 373, Part IV Florida Statutes(F.S.). and the Operating Agreement Concerning Regulation Under Part IV,
Chapter 373 F.S. between South Florida Water Management District and the Department of Environmental Protection. Issuance of this
Permit constitutes certification of compliance with state water quality standards where necessary pursuant to Section 401, Public Law
92-500, 33 USC Section 1341, unless this Permit Is issued pursuant to the net Improvement provisions of Subsections 373.414[1)(b), F.S.,
or as otherwise stated herein.
This Permit Modification may be revoked, suspended, or modified at any time pursuant to the appropriate provisions of Chapter 373, F.S.,
and Sections 40E-4.351(1), (2), and [4), Florida Administrative Code [F.A.C.). This Permit Modification may be transferred pursuant to the
appropriate provisions of Chapter 373, F.S., and Sections 40E-1.6107(1) and (2), and 40E-4.351(1), (2), and (4), F.A.C.
All specifications and special and limiting/general conditions attendant to the original Permit,unless specifically rescinded by this or
previous modifications, remain In effect.
This Permit Modification shall be subject to tile General Conditions set forth in Rule 40E-4.381, F.A.C., unless waived or modified by the
Governing Board, The Application, and Environmental Resource Permit Staff Review Summary of the Application, including all conditions.
and all plans and specifications incorporated by reference, are a part of this Pcrmlt Modification. All activities authorized by this Permit
Modification shall be implemented as set forth in the plans, specifications, and performance criteria as set forth and incorporated in the
Environmental Resource Permit Staff Review Summary. Within 30 days after completion of construction of tile permitting activity, tile
Permlttee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate
individual, pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E-4.361 and 40E-4.381, F.A.C.
In the event the property is sold or othemvise conveyed, tile Permittee will remain liable for compliance with this Permit until transfer Is
approved by the District pursuant to Rule 40E-1.6107, F.A.C.
SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS:
SEE PAGES 2 2 OF 5 (10 SPECIAL CONDITIONS).
SEE PAGES 3 5 OF 5 (19 GENERAL CONDITIONS).
PERMIT MODIFICATION APPROVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
FILED WITH THE CLERK OF THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ~LEF~~
ASSISTANT SECRETARY
PAGE 1 OF 5
PERMIT NO: 11-01404-P
PAGE 2 OF 5
SPECIAL CONDITIONS
5o
10.
DISCHARGE FACILITIES: THROUGH PREVIOUSLY PERMITTED FACILITIES.
THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR
WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE
SURFACE WATER MANAGEMENT SYSTEM.
MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR
TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER.
THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT
METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE
NECESSARY.
FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN
APPROVED MODIFICATION OF THIS PERMIT.
ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 11-01404-P REMAIN IN
EFFECT UNLESS OTHERWISE REVISED AND SHALL APPLY TO THIS MODIFICATION.
OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF
CARLTON LAKES MASTER ASSOCIATION, INC.
ACTIVITIES ASSOCIATED WITH IMPLEMENTATION OF THE WETLAND MITIGATION, MONITORING
AND MAINTENANCE SHALL BE IN ACCORDANCE WITH THE FOLLOWING WORK SCHEDULE. ANY
DEVIATION FROM THESE TIME FRAMES SHALL REQUIRE FORMAL SFWMD APPROVAL. SUCH
REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE (1) REASON FOR THE
MODIFICATION; (2) PROPOSED START/FINISH DATES; AND (3) PROGRESS REPORT ON THE
STATUS OF THE EXISTING MITIGATION EFFORTS.
COMPLETION DATE ACTIVITY
APRIL 16, 2001
APRIL 16, 2001
SUBMITTAL OF MITIGATION BANK DOCUMENTATI
SUBMITTAL OF DOCUMENTATION OF PARTIAL CONSERVATION
EASEMENT RELEASE
PRIOR TO IMPACTING WETLANDS 7 AND 8, BUT NO LATER THAN APRIL 16, 2001, THE
PERMITTEE SHALL DEMONSTRATE THAT 4.05 CREDITS HAVE BEEN DEBITED FROM THE PANTHER
ISLAND MITIGATION BANK (SFWMD PERMIT #11-00002-M) AS MITIGATION FOR 4.59 ACRES OF
WETLAND IMPACT.
PRIOR TO IMPACTING WETLANDS 7 AND 8, BUT NO LATER THAN APRIL 16, 2001, THE
PERMITTEE SHALL DEMONSTRATE THAT THE PARTIAL RELEASE OF CONSERVATION EASEMENT FOR
PARCELS C4 AND C7 (DRAFT SHOWN ON EXHIBIT 8) HAS BEEN EXECUTED AND RECORDED IN THE
PUBLIC RECORDS OF COLLIER COUNTY.
PERMIT NO: 11-01404-P
PAGE 3 OF 5
GENERAL CONDITIONS
3 o
ALL ACTIVITIES AUTHORIZED BY THIS PERMIT SHALL BE IMPLEMENTED AS SET FORTH IN THE
PLANS, SPECIFICATIONS AND PERFORMANCE CRITERIA AS APPROVED BY THIS PERMIT. ANY
DEVIATION FROM THE PERMITTED ACTIVITY AND THE CONDITIONS FOR UNDERTAKING THAT
ACTIVITY SHALL CONSTITUTE A VIOLATION OF THIS PERMIT AND PART IV, CHAPTER 373,
F.S.
THIS PERMIT OR A COPY THEREOF, COMPLETE WITH ALL CONDITIONS, ATTACHMENTS,
EXHIBITS, AND MODIFICATIONS SHALL BE KEPT AT THE WORK SITE OF THE PERMITTED
ACTIVITY. THE COMPLETE PERMIT SHALL BE AVAILABLE FOR REVIEW AT THE WORK SITE UPON
REQUEST BY THE DISTRICT STAFF. THE PERMITTEE SHALL REQUIRE THE CONTRACTOR TO
REVIEW THE COMPLETE PERMIT PRIOR TO COMMENCEMENT OF THE ACTIVITY AUTHORIZED BY
THIS PERMIT.
ACTIVITIES APPROVED BY THIS PERMIT SHALL BE CONDUCTED IN A MANNER WHICH DOES NOT
CAUSE VIOLATIONS OF STATE WATER QUALITY STANDARDS. THE PERMITTEE SHALL IMPLEMENT
BEST MANAGEMENT PRACTICES FOR EROSION AND POLLUTION CONTROL TO PREVENT VIOLATION
OF STATE WATER QUALITY STANDARDS. TEMPORARY EROSION CONTROL SHALL BE IMPLEMENTED
PRIOR TO AND DURING CONSTRUCTION, AND PERMANENT CONTROL MEASURES SHALL BE
COMPLETED WITHIN 7 DAYS OF ANY CONSTRUCTION ACTIVITY. TURBIDITY BARRIERS SHALL BE
INSTALLED AND MAINTAINED AT ALL LOCATIONS WHERE THE POSSIBILITY OF TRANSFERRING
SUSPENDED SOLIDS INTO THE RECEIVING WATERBODY EXISTS DUE TO THE PERMITTED WORK.
TURBIDITY BARRIERS SHALL REMAIN IN PLACE AT ALL LOCATIONS UNTIL CONSTRUCTION IS
COMPLETED AND SOILS ARE STABILIZED AND VEGETATION HAS BEEN ESTABLISHED. ALL
PRACTICES SHALL BE IN ACCORDANCE WITH THE GUIDELINES AND SPECIFICATIONS DESCRIBED
IN CHAPTER 6 OF THE FLORIDA LAND DEVELOPMENT MANUAL; A GUIDE TO SOUND LAND AND
WATER MANAGEMENT (DEPARTMENT OF ENVIRONMENTAL REGULATION, 1988), INCORPORATED BY
REFERENCE IN RULE 40E-4.091, F.A.C. UNLESS A PROJECT-SPECIFIC EROSION AND SEDIMENT
CONTROL PLAN IS APPROVED AS PART OF THE PERMIT. THEREAFTER THE PERMITTEE SHALL BE
RESPONSIBLE FOR THE REMOVAL OF THE BARRIERS. THE PERMITTEE SHALL CORRECT ANY
EROSION OR SHOALING THAT CAUSES ADVERSE IMPACTS TO THE WARPER RESOURCES.
THE PERMITTEE SHALL NOTIFY THE DISTRICT OF THE ANTICIPATED CONSTRUCTION START DATE
WITHIN 30 DAYS OF THE DATE THAT THIS PERMIT IS ISSUED. AT LEAST 48 HOURS PRIOR
TO COMMENCEMENT OF ACTIVITY AUTHORIZED BY THIS PERMIT, THE PERMITT~E SHALL SUBMIT
TO THE DISTRICT AN ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION COMMENCEMENT NOTICE
FORM NO. 0960 INDICATING THE ACTUAL START DATE AND THE EXPECTED COMPLETION DATE.
WHEN THE DURATION OF CONSTRUCTION WILL EXCEED ONE YEAR, THE PERMITTEE SHALL SUBMIT
CONSTRUCTION STATUS REPORTS TO THE DISTRICT ON AN ANNUAL BASIS UTILIZING AN ANNUAL
STATUS REPORT FORM. STATUS REPORT FORMS SHALL BE SUBMITTED THE FOLLOWING JUNE OF
EACH YEAR.
WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE PERMITTED ACTIVITY, THE
PERMITTEE SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A
REGISTERED PROFESSIONAL ENGINEER OR OTHER APPROPRIATE INDIVIDUAL AS AUTHORIZED BY
LAW, UTILIZING THE SUPPLIED ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION
COMPLETION/CONSTRUCTION CERTIFICATION FORM NO.0881. THE STATEMENT OF COMPLETION
AND CERTIFICATION SHALL BE BASED ON ONSITE OBSERVATION OF CONSTRUCTION OR REVIEW
OF ASBUILT DRAWINGS FOR THE PURPOSE OF DETERMINING IF THE WORK WAS COMPLETED IN
COMPLIANCE WITH PERMITTED PLANS AND SPECIFICATIONS. THIS SUBMITTAL SHALL SERVE TO
NOTIFY THE DISTRICT THAT THE SYSTEM IS READY FOR INSPECTION. ADDITIONALLY, IF
DEVIATION FROM THE APPROVED DRAWINGS ARE DISCOVERED DURING THE CERTIFICATION
PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT
DRAWINGS WITH DEVIATIONS NOTED. BOTH THE ORIGINAL AND REVISED SPECIFICATIONS MUST
BE CLEARLY SHOWN. THE PLANS MUST BE CLEARLY LABELED AS "ASBUILT" OR "RECORD"
DRAWING. ALL SURVEYED DIMENSIONS AND ELEVATIONS SHALL BE CERTIFIED BY A
REGISTERED SURVEYOR.
PERMIT NO: 11-01404-P
PAGE 4 OF 5
10.
11.
12.
THE OPERATION PHASE OF THIS PERMIT SHALL NOT BECOME EFFECTIVE: UNTIL THE PERMITTEE
HAS COMPLIED WITH THE REQUIREMENTS OF CONDITION (6) ABOVE, HAS SUBMITTED A REQUEST
FOR CONVERSION OF ENVIRONMENTAL RESOURCE PERMIT FROM CONSTRUCTION PHASE TO
OPERATION PHASE, FORM NO.0920; THE DISTRICT DETERMINES THE SYSTEM TO BE IN
COMPLIANCE WITH THE PERMITTED PLANS AND SPECIFICATIONS; AND THE ENTITY APPROVED BY
THE DISTRICT IN ACCORDANCE WITH SECTIONS 9.0 AND 10.0 OF THE BASIS OF REVIEW FOR
ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT - AUGUST 1995, ACCEPTS RESPONSIBILITY FOR OPERATION AND
MAINTENANCE OF THE SYSTEM. THE PERMIT SHALL NOT BE TRANSFERRED TO SUCH APPROVED
OPERATION AND MAINTENANCE ENTITY UNTIL THE OPERATION PHASE OF THE PERMIT BECOMES
EFFECTIVE. FOLLOWING INSPECTION AND APPROVAL OF THE PERMITTED SYSTEM BY THE
DISTRICT, THE PERMITTEE SHALL INITIATE TRANSFER OF THE PERMIT TO THE APPROVED
RESPONSIBLE OPERATING ENTITY IF DIFFERENT FROM THE PERMITTEE. UNTIL THE PERMIT IS
TRANSFERRED PURSUANT TO SECTION 40E-1.6107, F.A.C., THE PERMITTEE SHALL BE LIABLE
FOR COMPLIANCE WITH THE TERMS OF THE PERMIT.
EACH PHASE OR INDEPENDENT PORTION OF THE PERMITTED SYSTEM MUST BE COMPLETED IN
ACCORDANCE WITH THE PERMITTED PLANS AND PERMIT CONDITIONS PRIOR TO THE INITIATION
OF THE PERMITTED USE OF SITE INFRASTRUCTURE LOCATED WITHIN THE AREA SERVED BY THAT
PORTION OR PHASE OF THE SYSTEM. EACH PHASE OR INDEPENDENT PORTION OF THE SYSTEM
MUST BE COMPLETED IN ACCORDANCE WITH THE PERMITTED PLANS AND PERMIT CONDITIONS
PRIOR TO TRANSFER OF RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE PHASE OR
PORTION OF THE SYSTEM TO A LOCAL GOVERNMENT OR OTHER RESPONSIBLE ENTITY.
FOR THOSE SYSTEMS THAT WILL BE OPERATED OR MAINTAINED BY AN ENTITY THAT WILL
REQUIRE AN EASEMENT OR DEED RESTRICTION IN ORDER TO ENABLE THAT ENTITY TO OPERATE
OR MAINTAIN THE SYSTEM IN CONFORMANCE WITH THIS PERMIT, SUCH EASEMENT OR DEED
RESTRICTION MUST BE RECORDED IN THE PUBLIC RECORDS AND SUBMITTED TO THE DISTRICT
ALONG WITH ANY OTHER FINAL OPERATION AND MAINTENANCE DOCUMENTS REQUIRED BY
SECTIONS 9.0 AND 10.0 OF THE BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT
APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT - AUGUST 1995,
PRIOR TO LOT OR UNIT SALES OR PRIOR TO THE COMPLETION OF THE SYSTEM, WHICHEVER
OCCURS FIRST. OTHER DOCUMENTS CONCERNING THE ESTABLISHMENT AND AUTHORITY OF THE
OPERATING ENTITY MUST BE FILED WITH THE SECRETARY OF STATE WHERE APPROPRIATE. FOR
THOSE SYSTEMS WHICH ARE PROPOSED TO BE MAINTAINED BY THE COUNTY OR MUNICIPAL
ENTITIES, FINAL OPERATION AND MAINTENANCE DOCUMENTS MUST BE RECEIVED BY THE
DISTRICT WHEN MAINTENANCE AND OPERATION OF THE SYSTEM IS ACCEPTED BY THE LOCAL
GOVERNMENT ENTITY. FAILURE TO SUBMIT THE APPROPRIATE FINAL DOCUMENTS WILL RESULT
IN THE PERMITTEE REMAINING LIABLE FOR CARRYING OUT MAINTENANCE AND OPERATION OF
THE PERMITTED SYSTEM AND ANY OTHER PERMIT CONDITIONS.
SHOULD ANY OTHER REGULATORY AGENCY REQUIRE CHANGES TO THE PERMITTED SYSTEM, THE
PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING OF THE CHANGES PRIOR TO
IMPLEMENTATION SO THAT A DETERMINATION CAN BE MADE WHETHER A PERMIT MODIFICATION
IS REQUIRED.
THIS PERMIT DOES NOT ELIMINATE THE NECESSITY TO OBTAIN ANY REQUIRED FEDERAL,
STATE, LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START OF ANY
ACTIVITY APPROVED BY THIS PERMIT. THIS PERMIT DOES NOT CONVEY TO THE PERMITTEE OR
CREATE IN THE PERMITTEE ANY PROPERTY RIGHT, OR ANY INTEREST IN REAL PROPERTY, NOR
DOES IT AUTHORIZE ANY ENTRANCE UPON OR ACTIVITIES ON PROPERTY WHICH IS NOT OWNED
OR CONTROLLED BY THE PERMITTEE, OR CONVEY ANY RIGHTS OR PRIVILEGES OTHER THAN
THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4 OR CHAPTER 40E-40, F.A.C.
THE PERMITTEE IS HEREBY ADVISED THAT SECTION 253.77, F.S. STATES THAT A PERSON MAY
NOT COMMENCE ANY EXCAVATION, CONSTRUCTION, OR OTHER ACTIVITY INVOLVING THE USE OF
SOVEREIGN OR OTHER LANDS OF THE STATE, THE TITLE TO WHICH IS VESTED IN THE BOARD
OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND WITHOUT OBTAINING THE REQUIRED
LEASE, LICENSE, EASEMENT, OR OTHER FORM OF CONSENT AUTHORIZING THE PROPOSED USE.
THEREFORE, THE PERMITTEE IS RESPONSIBLE FOR OBTAINING ANY NECESSARY AUTHORIZATIONS
FROM THE BOARD OF TRUSTEES PRIOR TO COMMENCING ACTIVITY ON SOVEREIGNTY LANDS OR
PERMIT NO: 11-01404-P
PAGE 5 OF 5
13.
14.
15.
16.
17.
18.
19.
OTHER STATE-OWNED LANDS.
THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING,
UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E-
20.302(4), F.A.C., ALSO KNOWN AS THE "NO NOTICE" RULE.
THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES,
CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, ALTERATION,
OPERATION, MAINTENANCE, REMOVAL, ABANDONMENT OR USE OF ANY SYSTEM AUTHORIZED BY
THE PERMIT.
ANY DELINEATION OF THE EXTENT OF A WETLAND OR OTHER SURFACE WATER SUBMITTED AS
PART OF THE PERMIT APPLICATION, INCLUDING PLANS OR OTHER SUPPORTING DOCUMENTATION,
SHALL NOT BE CONSIDERED BINDING UNLESS A SPECIFIC CONDITION OF THIS PERMIT OR A
FORMAL DETERMINATION UNDER SECTION 373.421(2), F.S., PROVIDES OTHERWISE.
THE PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING WITHIN 30 DAYS OF ANY SALE,
CONVEYANCE, OR OTHER TRANSFER OF OWNERSHIP OR CONTROL OF A PERMITTED SYSTEM OR THE
REAL PROPERTY ON WHICH THE PERMITTED SYSTEM IS LOCATED. ALL TRANSFERS OF
OWNERSHIP OR TRANSFERS OF A PERMIT ARE SUBJECT TO THE REQUIREMENTS OF RULES 40E-
1.6105 AND 40E-1.6107, F.A.C. THE PERMITTEE TRANSFERRING THE PERMIT SHALL REMAIN
LIABLE FOR CORRECTIVE ACTIONS THAT MAY BE REQUIRED AS A RESULT OF ANY VIOLATIONS
PRIOR TO THE SALE, CONVEYANCE OR OTHER TRANSFER OF THE SYSTEM.
UPON REASONABLE NOTICE TO THE PERMITTEE, DISTRICT AUTHORIZED STAFF WITH PROPER
IDENTIFICATION SHALL HAVE PERMISSION TO ENTER, INSPECT, SAMPLE AND TEST THE SYSTEM
TO INSURE CONFORMITY WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE PERMIT.
IF HISTORICAL OR ARCHAEOLOGICAL ARTIFACTS ARE DISCOVERED AT ANY TIME ON THE
PROJECT SITE, THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE APPROPRIATE DISTRICT
SERVICE CENTER.
THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE DISTRICT IN WRITING OF ANY PREVIOUSLY
SUBMITTED INFORMATION THAT IS LATER DISCOVERED TO BE INACCURATE.
007-15-2002 ?UE 11:18 ~M G~RLIOK $?E?LER PEEPLE$ F~× NO, 9415976984 P, lO/ll
INCUMBENCY CERTIFICATE FOR
SW FLORIDA PARTNERS, INC.
I John J. Sterling, Secretary of SW Florida Partners, mc., a Florida Corporation (the
"Company"), do hereby certify as follows:
1. That I am the duly elected and qualified Secretary of the Company and the
custodian of the Company's records;
2. That the following are the duly elected, qualifying and serving officers and
directors of the Company, that their addresses are as stated in connection with each, and that the
signature set out opposite the name of each officer is the genuine signature of such person, to-
wit:
Name and Address
President
Robert G. Claussen
6025 Carlton Lakes Blvd.
Naples, FL 34110
Vice President
Cl~topher G. Claussen
6025 Carlton Lakes Blvd.
Naples, FL 34110
Secretary
John J. Sterling
6025 Carlton Lakes Blvd.
Nap. les, FL 34110
John J. Sterling
6025 Carlton Lakes Blvd.
~aples, FL 34110
Director
Robert O. Claussen
6025 Carlton Lakes Blvd.
Naples, FL 34110
Signature
00T-15-2002 TUE 11:18 AH G~RLIOK STETLER PEEPLES FA× NO, 9415976984 P, 11/11
Director
Christope,r O, Claussen,
6025 Carlton Lakes Blvd.
Naples, FL 34110
this
(CORPORATE SEAL)
IN WITNESS WH~.P,,EOF, I have hereunto set my hand and the seal of the Company on
~, ~'- _ day of ~ ~ ~. ,2002.
N AC rm~,~Fl'C._Oev_LT D_O2J34~C a rite n L~I;N,_OD I~tn=umb~n~-y Ce~tL~=ate,$ W ~'~. Panne~.D(X~
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