DeLaSol, Phase 1 & Phase 2COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer
DATE: January 6, 2003
RE:
Delasol
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Delasol. This document has been reviewed by Engineering
Review and the County Attorney's Office. Collier Countv
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
DeLaSol - Phase I and II
THIS AGREEMENT made and entered into this fSqlx day of ,,~'aft0o~ ,
200~, by and between the Board of County Commissioners of Collier County Florida, hereinafter
referred to as "County", and Meridian Land Corp, an Illinois Corporation, hereinafter referred to
as the "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 00-80 known as
Madeira Ordinance, a Planned Unit Development, hereinafter referred to as the P.U.D.; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of the
property known as DeLaSol Phase I and II, a description of which is 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 DeLaSol Phase I and II improvement plans is
paramount with the on-going construction and development of the approved Madeira P.U.D.; 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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Page 1 of 5
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 and Grubbing with Right-of-Way and utility, drainage and maintenance
easements.
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, curbing, storm pipe, headwalls, inlets, and sidewalks.
3. Construction of infrastructure to include water, sewer and irrigation mains.
The preliminary work detailed in this Section shall be in accordance with plans entitled
DeLaSol Phase I and II, WilsonMiller, Inc., Drawing File No. D-3754-03, sheet numbers
1 through 31, dated June, 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 DeLaSol Phase I and II prepared by John P. Maloney, P.L.S., of
WilsonMiller, Inc.
Bo
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:
DeLaSol Phase I and II Final Subdivision Improvement Plans, WilsonMiller, Inc.,
Drawing File No: D-3754-03, sheet numbers 1 through 31, dated June, 2002.
Final plat for DeLaSol Phase I and II, prepared by John P. Maloney, P.L.S., of
WilsonMiller, Inc.
SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
ao
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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c+
03754-000-001- ECOR- 25487
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) and (b) in Section 3 above have been satisfied. Owner understands
that no building permit will be issued for habitable structures within DeLaSol Phase I and II 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 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) and (b) 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.
11/0/2002- 109157 Ver: 01!- RPiacent
CA1~43
03754-000-001- ECOR- 25487
Page 3 of 5
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.
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Signed, Sealed and Delivered
in the presence of:
Signature
Printed or t~ed nme
MERIDIAN LAND COMPANY
~_~. ~ W,h~eld, Exe~'~tka V,ce Pres,dent
dian Land Cm~, a Florida Corporation
Signature[X3
Printed or typed name
ATTEST:- ,z,~* . .......c',.
2 /;/.'* ,= ....... '-., C,' ~ ';
- ,c.:..;. ,,,,e' -,-, ~...~ : ..: -
o ,ega,
Pmrick G. White
Assistant Collier CounW A~orney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COkJ~TY, FLQ~IDA_
Jamest~o~ C~ai~hant'' ~'
11/6/2002-109157 Vet: 01!- RPiacent
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03754-000-001- ECOR- 25487
Page 4 of 5
STATE OF FLORIDA )
)
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me this Sr~ day of
P~/°~v~'~ ., 2002, by John Winfield, as Executive Vice-President, for Meridian Land
Company, a Florida Corporatio .r~ ..... i2ie is personally known ~or who has produced
, as identification.
WITNESS my hand and official seal this day of /x3~'~-,~-~ ,2002.
NOTA~R~Y~UBLIC- STATE OF FLORIDA
Print or Type Notary Name
My Commission Expires:
11/6/2002-109157 Vet: 01!- RPiacent
03754-000-001- ECOR- 25487
OESCRIBEO AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 24, THENCE ALONG
THE NORTH UNE OF SAID SECTION 24, SOUTH 88'48'23' F/EST 275.05
TO A POINT ON THE P, EST RIGHT-OF-WAY LINE OF UVlNGS10N ROAD AND THE POINT OF BEGINNING;
THENCE ALONG SAID RIGHT-OF-Y/AY UNE SOUTH 00127'04' EAST 332.73 FEET TO A POINT ON THE NORTH UNE
OF THE S 1/2 OF THE NEI/"4 OF THE NE I/4 OF THE NE I/4 OF SAID SECTION 24;
THENCE ALONG SAID NORTI-t UNE SOUTH 88'49'41' F/EST v787. 43 r'~ET 112 A POINT ON THE #~'Sr UNE OF THE S
I/2 OF rile NE I/4 OF' THE NE I/4 OF THE NE 1/4 OF SAID SEC.ON 24;
rNENCE ALONG ~ r~-sr uNE souTH oo~a'o~' EAST 332.57 FEar rD rNE sw coRt~ OF ~. S I/2 OF THE
NE I/4 OF THE NE I/4 OF EYE NE I/4 OF SAID SECTION 24;
THENCE ALONG THE SOUTH LINE OF THE S I/2 OF THE NE I/4 OF THE NE I/4 OF THE NE 1/4 OF SAIl)
SECI~ON 24, NORTH 88~30'56" EAST 387.33 FEET TO A POINI' ON THE II'ST RIGHJ"-OF-WAY OF SAID UVINGSrON
ROAD;
THENCE ALONG SAID RIGHT-OF-Y/AY SOUTH 00127'04' EAST 665.43 FEET 10 A POINT ON THE SOUTH UNE OF THE
N I/2 OF THE NE I/4 OF' SAIO SECTION 24;
THENCE ALONG S~O L~E SOUTH 8875'48' ~ST 1.380.53 FEET 10 THE SOUTHV~'ST COR~E~ OF THE E I/2 OF
THE S I/2 OF THE SE I/4 OF THE NY~ I/4 OF THE NE I/4 OF SAID SECTION 24;
THENCE ALONG 1NE #~ST UNE OF SAID PAIBCEL NO~TH 00127',.~" IIEST 331.88 FEET 10 THE NORTHI~ST CORNE~
THENCE ALONG THE SOUTH UNE OF THE N I/2 OF THE SE I/4 OF E-IS NW I/4 OF THE NE I/4 OF SAID SECTION
21, SOUTH 88'54'12" Y/EST 331.17 FEET 10 THE NORTHEAST CORNER OF THE SOUTH I/2 OF THE SY/ I/4 OF THE
NY~ I/4 OF THE NE I/4 OF SAID SECTION 24, LESS THE SOUTH I65.00 FEET THEREOF;
THENCE ALONG THE EAST UNE OF SAID PARCEL SOUTH 00.10'07' EAST 167.07 FEET 10 THE SOUTH EAST CORNER
OF SAID PARCEL,.
THENCE ALONG THE SOUTH UNE OF SAID PARCEL SOUTH 88'53'26' Y/EST 662.22 FEET 10 THE SOUTHIfEST
CORNER OF SAID PARCEL;
THENCE ALONG THE tfEST UNE OF SAIO PARCEL NORTH 00.11'08" Y/EST 166.82 FEET TO THE SOUTHEAST CORNER
OF THE NORTH I/2 OF THE SE I/4 OF TI. IS NE I/4 OF THE NY~ I/4 OF SAIO SECTION 24;
THENCE ALONG THE SOUTH UNE OF SAID PARCEL SOUTH 88'48"59' #EST 662.05 FEET TO THE SOUTHI~ZST
CORNER OF SAID PARCEL;
THENCE ALONG THE Y/EST UNE OF THE SOUTH 1/2 OF THE SE I/4 OF THE NE I/4 OF THE NY~ 1/4 OF SAID
SECTION 24 SOUTH 00°11'01" EAST 331. 48 FEET TO THE SOU11-ly/EST CORNER OF SAID PARCEL;
THENCE ALONG THE SOUTH UNE OF SAID PARCEL NORTH 88"50'52" EAST 662.05 FEET 10 THE NORTHEAST CORNER
OF THE NORTH I/2 OF THE NE I/4 OF THE SE I/4 OF THE NY/1/4 OF SAID SECTION 24;
THENCE ALONG THE EAST UNE OF SAID PARCEL SOUTH 00.17'12" EAST $$2.15 FEET TO THE SOUTHIffZST CORNER
OF SAID PARCEL;
THENCE ALONG THE SOUTH UNE OF SAID PARCEL SOUTH 88'55'0I° Y/EST 662.$1 FEET TO THE SOUTHV, EST CORNER
OF SAID PARCEL;
THENCE ALONG THE Y/EST LINE OF SAID PARCEL NORTH 00'17'08' WEST I89.95 FEET;
THENCE LEAViNG SAIO Y/EST LINE SOUTH 08"52',t6' Y/EST 252.97 FEET;
THENCE SOUTH 01128'40" EAST 165.07 FEET TO A POINT ON THE NORTH UNE OF THE PLAT OF IffLLOUGHBY PINES
REPLAT, PLAT BOOK 38, PAGE $2, COLLIER COUNI~,, FLORIDA;
THENCE ALONG SAID NORTH LINE SOUTH 88~52'48" F/EST 411.84 FEET 10 A POINT ON THE Y/EST LINE OF THE
WEST I/2 OF THE NW I/4 OF SAID SECTION 24;
THENCE ALONG SAID LINE NORTH 0071'10~ #EST !,630.19 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION
~ST LINE OF SEClTON 24THENCE ALONG SAID LINE NORTH B8'39'45' EAST 365.20 FEET 10 THE EAST LINE OF' THE Y/EST 365' OF THE
NORTH 1/2 OF THE NW I/4 OF THE NE I/4 OF THE NW I/4 OF SAID SECTION 24;
THENCE ALONG SAID LINE SOUTH 00'I0'55" EAST 331.32 FEET TO A POINT ON THE SOUTH UNE OF THE NE 1/4 OF
THE NY/I/4 OF THE NE I/4 OF THE NW ~/4 OF SAID SECTION 24;
THENCE ALONG SAID LINE NORTH 88'45'11' EAST 296.98 FEET 10 A POINT ON THE EAST UNE OF TI-IE NE I/4 OF
THE NY/I/4 OF THE NE 1/4 OF THE NW I/4 OF SAID SECTION 24;
THENCE ALONG SAID LINE NORTH 0071'01" Y/EST 331.48 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION
~ 5/~" REBAR 24;
THENCE ALONG .SAID LINE NORTH 88'43'l?* EAST 662.04 FEET TO THE NORTH I/4 CORNER OF SAIl) SECTION 24;
~HENCE ALONG THE I~/EST LINE OF THE SW I/4 OF THE SE I/4 OF SEC110N 13, TOWNSHIP 48 SOUTH RANGE 25
EAST NORTH O0~'J2' ~S~T I,,,~4.5.82 FEET 10 A POINT ON THE NORTH UNE OF' THE SY/ I/4 OF THE SE !/4 OF
SAID SE¢~?ON I:['
THENCE ALONG SAID LINE NORTH 88?52'26' EAST I,$26.$4 FEET 10 A POINT ON THE EAST UNE OF THE SY/ I/4
OF THE SE I/4 OF SAID SECTION 13;
THENCE ALONG SAID LINE SOUTH 00125'58' EAST 1,344.$1 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION
THENCE ALONG SAID LINE NORTH 88'48'23' EAST 1,050.28 FEET TO THE POINT OF BEGINNING.
CONTAINING 1AZ 11 ACRES, MORE OR LESS.
LESS AND EXCEPT THE FOLLOIfING DESCRIBED PARCEL BEING A PART OF SECTION 24, 10~INSHIP 48 SOUTH,
RANGE 25 EAST, COLUER COUNTY,, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHY/ESr I/4 OF SAID SECTION 2.4;
THENCE SOUTH 00.11'08' EAST $31.84 FE~T ALONG THE EAST UNE OF THE NW I/4 OF SAID SECTION 24, TO THE
NORTH LINE OF THE N 1/2 OF THE S I/2 OF THE NE I/4 OF THE NE I/4 OF TI-IS NY/ I/4 OF SAID SECTION 24;
THENCE ALONG SAIO LINE SOUTH 88'44'43' IfEST 379.31 FEET TO THE POINT OF BEGINNING OF THE PARCEL LESS
AND EXCEPI~D;
THENCE SOUTH 11'44'45' EAST I54.55 FEET;
THENCE WESTERLY 90.4~ FEET ALONG THE ARC OF A NON-TANCENTIAL CIRCULAR CURVE CONCAVE 10 TIlE NORTH
HAViNG A RADIUS OF 270.00 FEET THROUGH A CENTRAL ANGLE OF 19'12'I0'. AND ~ING SUBTENDED BY A CHORD
I~rllCl'l BEARS SOUTH 80'12'54' Y/EST gO. 07 FEET;
THENCE SOUTH ~9'48'5g' Y/EST 60.94 FEET;
THENCE NORTH 00.11'01~ Y/EST 165.16 FEET;
THENCE NORTH 6g'48'59' EAST llg. OJ FEET;
THENCE SOUTH I1'44'45' EAST 16.72 FEET TO THE POINT OF BEGINNING;
CONTAINING 0,50 ACRES, ltIORE OR LESS.
PARCEL SURVEYED CONTAINS A NET ACERAGE OF I~.~I ACRES MORE OR LESS. ~ ~ ~ i i ! ~ J i ~
CUENT:
05/02
NO.:
CENTEX HOMES
PROJECT NO.: NO.:
03754-000-1 ! o~ ~ 5L-25 1