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Saturnia Lakes Phase ThreeCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer do~,J DATE: January 13, 2003 RE: Saturnia Lakes Phase Three Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Saturnia Lakes Phase Three. 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 Saturnia Lakes Phase III THIS AGREEMENT made and entered into this//~_~;~_r day of ~ , 200~, by and between the Board of County Commissioners of Collier County, 4~orida here~affer referred to as "County", and G.L. Homes of Naples Corporation as General Partner of G.L. Homes &Naples Associates, Ltd., hereinafter referred to as "owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 2000-039 known as the Rigas PUD Ordinance, hereinafter referred to as Saturnia Lakes; and WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in Saturnia Lakes, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District has approved a permit modification application for a surface water management permit for Saturnia Lakes Phase III SFWMD Permit No. 11-01790-P; and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because maintaining the construction schedule for Saturnia Lakes Phase III improvement plans is paramount with the on-going construction and development of the approved Saturnia Lakes Phase III; 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 requirements of Collier County's Growth Management Plan and Public Facilities Collier County Land Development Code, section 3.15.7.3.1.1, will be 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: 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. 2. 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 Satumia Lakes Phase III consisting of 29 sheets, prepared by RWA, Inc. Project No. 01-0266.03, dated June 2002, hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the preliminary Work is shown on the final plat for Satumia Lakes Phase III prepared by Roger G. Carter, P.S.M., of RWA, Inc. consisting of 6 sheets. 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: 1. Satumia Lakes Phase III Final Subdivision Plans, RWA, Inc. Project No. 01-0266.03, sheet numbers 1 through 29, dated June 2002. Permit # AR-3053 2. Saturnia Lakes Phase HI Final Plat, prepared by Roger G. Carter, P.S.M., of RWA, Inc. Permit # AR-3053 SECTION 3 - PERMITS REQUIRED Issuance of the Preliminary Work permits shall be conditioned upon the following: ao 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. bo 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. 2 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 and acknowledges that no building permit for habitable structures within the Saturnia Lakes Phase III until the Saturnia Lakes Phase III 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 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 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 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. 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. Printed Name Printed Name G.L. Homes of Naples Associates, Ltd. BY: G.L. Homes of Naples Corporation, general partner. Alan J. Fant, Vice President ~-~L~¢m md ~gal sufficiency: Pa[d~k 6. ~ite" ' ' Assistant County Attorney Board of County Commissioners of Collier ~0unty, Fl~rid~.~ __ ._.%.*.._---/_/. ~ ,Chairman 4 STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING INSTRUMENT was acknowledged before me this ~:~m day of . ~osa4 ,20Q:~ by Alan Fant, Vice President of G.L. Homes of Naples Corporation as general partner~of G.L. Homes of Naples Associates, Ltd. He is personally known to me or-who-has prodtmed - ~ . a.q idcntificaticm ~ Witness my hand and official seal this ~ ~r~ day of 3/k~'*o'~ ,2009 Print or Type Notary Name My Commission Expires: SATURNIA LAKES PHASE III LEGAL DESCRIPTION LEGAL DESCRIPTION LYING IN SECTION 2B, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 28, TOWNSHIP 4B SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TH~ SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST. THENCE N.89'BS'26"W. ALONG THE SOUTH LINE OF SAID SECTION 28, FOR 110.09 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE AND BEING PARALLEL WITH THE WEST LINE OF SAID SECTION N.O2'10'S`3"W., FOR 1,175.91 FEET; THENCE N.87'48'20"E. FOR 156.54 FEET TO A POINT ON A CURVE; THENCE EASTERLY 262.98 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET THROUGH A CENTRAL ANGLE OF 86'06'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.7TO4'26"E. FOR 238.95 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 60.26 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF `34'`31'26" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.77'OB'15"E. FOR 89.`35 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY .316.45 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 7,865.00 FEET THROUGH A CENTRAL ANGLE OF 02'18'19" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.86'45'11"E. FOR 516.44 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY 74.77 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 85'40'.33" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.45'O4'O4"E. FOR 67.99 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY 198.56 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 1,150.00 FEET THROUGH A CENTRAL ANGLE OF 09'5`3'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.OT'10'`35"E. FOR 198.51 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY `38.1`3 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF 21'50'49" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.O1'11'58"E. FOR `37.90 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY 698.89 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET THROUGH A CENTRAL ANGLE OF 228'49'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS 5.75'18'50"E. FOR 518.71 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY 50.06 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF 28'41'06" AND BEING SUBTENDED BY A CHORD WHICH BEARS S 24'45'14"W. FOR 49.54 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY 100.02 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 850.00 FEET THROUGH A CENTRAL ANGLE OF O5'44'`32" AND BEING SUBTENDED BY A CHORO WHICH BEARS S.07'O2'25"W. FOR 99.97 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHEASTERLY 81.04 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 92'51'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 42'45'45"E. FOR 72.45 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 280.29 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 7,865.00 FEET THROUGH A CENTRAL ANGLE OF 02'02'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.88'~0'19"E. FOR 280.28 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 74.33 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF 42'35'09' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.71'33'22"E, FOR 72.63 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY 514.78 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 17600 FEET THROUGH A CENTRAL ANGLE OF 168'32'`30" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.45'27'87"E. FOR `348.25 FEET; THENCE S.39'`35'28"E. FOR 254.`39 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 181.26 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 400.OO FEET THROUGH A CENTRAL ANGLE OF 25'57'47" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.37'25'3B"E. FOR 179.71 FEET; THENCE S.65'`33'15"E. FOR 83.68 FEET; THENCE N.23'29'OO"E. FOR 14.94 FEET; THENCE S,68'47'19"E. FOR 6.25 FEET; THENCE N.21'12'41"E. FOR `30. OO FEET; THENCE N.68'47'lB"W. FOR 6.42 FEET; THENCE N.18'56'38"E. FOR 4.27 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 62.22 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 71'18'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.54'20'58"E. FOR 58.28 FEET; THENCE N.89'59'51"E., FOR 86.O7 FEET TO A POINT ON A CURVE; THENCE SOUTHEASTERLY 67.58 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 65.22 FEET THROUGH A CENTRAL ANGLE OF 59'20'21" AND BEING SUBTENDED BY A CHORD WHICH BEARS S 61'29'18"E. FOR 64.57 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 282.75 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 19`3.00 FEET THROUGH A CENTRAL ANGLE OF 85'56'0T' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.73'47'11"E. FOR 258.12 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY 138.70 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RAOIUS OF 70.00 FEET THROUGH A CENTRAL ANGLE OF 113'31'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS S 58'59'20"E. FOR 117.10 FEET; THENCE S.O2'1`3'25"E. FOR 191.46 FEET; THENCE S.87'46'45"E. FOR 18..32 FEET; THENCE S.O2'12'59"E. FOR 824.17 FEET; THENCE N.89'56'27"W. FOR 2,8`34 17 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 3,148,146 SQUARE FEET OR 72.27 ACRES. MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING S.89'43'05"W. EXHIBIT "A" Division of Corporations Page 1 of 2 Florida Department of State, Division qf Corporations Florida Limited Partnership G.L. HOMES OF NAPLES ASSOCIATES, LTD. PRINCIPAL ADDRESS 1401 UNIVERSITY DRIVE, SUITE 200 CORAL SPRINGS FL 33071 MAILING ADDRESS 1401 UNIVERSITY DRIVE, SUITE 200 CORAL SPRINGS FL 33071 Document Number FEI Number Date Filed A99000000089 650907353 01/14/1999 State Status Effective Date FL ACTIVE NONE Last Event CONTRIBUTION CHANGE Actual Contribution 9,600,000.00 Event Date Filed 04/24/2001 Event Effective Date NONE I[ Registered Agent Il Name & Address G.L. HOMES OF NAPLES CORPORATION 1401 UNIVERSITY DRIVE, SUITE 200 CORAL SPRINGS FL 33071 General Partner Detail Document Name & Address Number G.L. HOMES OF NAPLES CORPORATION 1401 UNIVERSITY DRIVE, SUITE 200 P99000000377 CORAL SPRINGS FL 33071 .../cordet.exe?al=DETFIL&n 1 =A99000000089&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=&fl/8/2003 Division of Corporations Page 2 of 2 Annual Reports Ii Rep°rt Year I Filed Date20022°°~2000 Illll' 04/30/200204/24/200105/03/2000 Illllll' Intangible Tax ]1 View Events No Name History Information Document Images Listed below are the images available for this filing. 04/30/2002 -- COR - ANN REP/UNIFORM BUS REP 04/24/2001 -- ANN REP/UNIFORM BUS REP 04/24/2001 -- Contribution Change 05/03/2000 -- ANN REP/UNIFORM BUS REP 09/16/1999 -- Contribution Change 01/14/1999 -- Domestic LP THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT · /cordet exe? 1 DETFIL .... a = &nl=A99000000089&n2=NAMFWD&n3=0000&n4=N&rl=&r2=& 1/8/2003 Division of Corporations Page 1 of 2 Florida Department of State, Division of Corporations Florida Profit G.L. HOMES OF NAPLES CORPORATION PRINCIPAL ADDRESS 1401 UNIVERSITY DRIVE SUITE 200 CORAL SPRINGS FL 33071 MAILING ADDRESS 1401 UNIVERSITY DRIVE SUITE 200 CORAL SPRINGS FL 33071 Document Number FEI Number Date Filed P99000000377 650897194 01/04/1999 State Status Effective Date FL ACTIVE NONE 3 Registered Agent Name&Address I GRANT, MARK F 200 EAST BROWARD BLVD, 15TH FLOOR FORT LAUDERDALE FL 33301 Officer/Director Detail I Name & Address Title ] EZRATTI, ITZHAK 1401 UNIVERSITY DR SUITE 200 DP CORAL SPG FL 33071 leANT, ALAN J 1401 UNIVERSITY DR SUITE 200 VPAS CORAL SPG leL 33071 COSTELLO, RICHARD A 1401 UNIVERSITH DR SUITE 200 VT CORAL SPG FL 33071 .../c~rdet.exe?a~=DETFIL&n~=P99000000377&n2=NAMFWD&n3=~~~~&n4=N&r~=&r2=&r~/8/2003 Division of Corporations Page 2 of 2 NORWALK, RICHARD M 1401 UNIVERSITY DR SUI'I~ 200 V CORAL SPG FL 33071 COP.BAN, PAUL 1401 UNIVERSITY DR SUITE 200 S CORAL SPG FL 33071 Annual Reports No Events No Name History Information Document Images Listed below are the images available for this filing. l[05/07/2002 -- COlt.: ANN REP/UN~IFORM BIdS REP ~ ANN REP/UNIFORM BUS REP ~ ANN REP/UNIFORM BUS REP 101/04/1999 -- Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT 3 · ../cordet.exe?al=DETFIL&nl=P99000000377&n2=NAMFWD&n3=0000&n4=N&rl=&r2=& 1/8/2003