Hammock IslesCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: ~ministrative Assistant
FROM: John R. Houldsworth, Senior Engineer
DATE: June 2, 2003
RE:
Hammock Isles
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Hammock
Isles. 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 27th day of May, 2003, by and between the
Board of County Commissioners of Collier County, Florida hereinafter referred to as "County",
and Vineyards Development Corporation, hereinafter referred to as "owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 91-75 known as the
Vineyards PUD Ordinance, hereinafter referred to as the Vineyards PUD; and
WHEREAS, owner represents and warrants it is the record fee title owner of the lands described
in S8,T49S, R26E, said legal description attached hereto as Exhibit "A" and incorporated herein
by reference; and
WHEREAS, the South Florida Water Management District has approved an application for a
surface water management permit for Hammock Isles, SFWMD Permit No. 11-00371-S; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because of the
projected construction duration with respect to the sales season; 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 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.
(1)
SECTION 2 - IMPROVEMENTS
mo
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:
Site Clearing and Lake Excavation
The preliminary work detailed in this Section shall be in accordance with plans entitled
Hammock Isles Subdivision Construction Plans consisting of 28 sheets, prepared by Coastal
Engineering Consultants, Inc. dated 5/13/03 hereinafter referred to as "The Preliminary Work".
The legal description of the boundaries of the preliminary Work is shown on the preliminary plat
for Hammock Isles consisting of 7 sheets prepared by Coastal Engineering Consultants, 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 ("Preliminary Work Permits"). These applications are as follows:
Hammock Isles, PPL AR No. 3005 and PSP AR No. 3005
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.
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.
SECTION 4 - APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to
plat approval once conditions a. & b. in Section 3 above have been satisfied. Owner understands
and acknowledges that no building permit for habitable structures within the Hammock Isles
Subdivision will be issued until the Hammock Isles 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
(2)
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. & 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 the provisions and procedures
of the Land Development Code before the final plat can be submitted to the Board for
consideration.
1N WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Owner
Miclt~l §aadeh, Presic~e~t- -~
Printed Name
Witness
Printed Nah/e
(3)
ATTEST:
and,eg ,
Patrick G. ~ite
Assistant County Attorney
Board of County Commissioners of
Tom Henning, Chairman ~
STATE OF FLORIDA )
)
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this~Clay of
,2003 by, Michel Saadeh as President of Vineyards Development Corporation,
who is personally known to me or ---*'~.~.., .~oo~'-- produced ~/~,
as identification.
Signature~t~oth'-ry '"----~- ,
Name of Notary, typed, stamped or printed
NOTARY PUBLIC
Commission Number:
My commission expires:
(4)
COASTAL
ENGINEERING
CONSULTANTS
INC
A CECI GROUP COMPANY
EXHIBIT "A"
CECI Group Services
Civil Engineering
Planning Services
Survey & Mapping
Coastal Engineering
Real Estate Appraisal
Website: www.coastalengineering.com
HAMMOCK ISLES
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THAT PART OF TRACT "CC" OF THE VINEYARDS UNIT 3A AS
RECORDED IN PLAT BOOK 17, PAGES 7 THROUGH 18 AND PART OF TRACT L-13 OF THE VINEYARDS
UNIT TWO AS RECORDED IN PLAT BOOK 14 PAGES 98 AND 99, ALL OF THE PUBLIC RECORDS,
COLLIER COUNTY, FLORiDA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID THE VINEYARDS UNIT 3A SUBDIVISION, SAID
POINT ALSO BEING THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, RUN N 00°58'42" E A DISTANCE OF 20.01 FEET TO THE POINT OF
BEGINNING;
THENCE RUN S 89o34"44' W ALONG A LINE 20 FEET NORTH OF AND PARALLEL TO BOTH THE
SOUTH LINE OF SAID SECTION 8 AND THE SOUTHERLY LINE OF SAID SUBDIVISION FOR A
DISTANCE OF 1,151.52 FEET;
THENCE N 22°29'46" W 153.68 FEET;
THENCE N 58°54'40" E 27.46 FEET;
THENCE N 08°56'43" W 51.69 FEET;
THENCE N 23°47'2l" W 163.17 FEET;
THENCE N 36o52'34" W 91.92 FEET;
THENCE N 23°52'56" W 86.39 FEET;
THENCE N 75003'27" W41.01 FEET;
THENCE S 85013'05" W 169.85 FEET;
THENCE S 43045'06" W 50.29 FEET;
THENCE S 89°49'51TM W 25.93 FEET;
THENCE N 26°06'30" W 67.18 FEET TO THE SOUTHEAST CORNER OF TRACT L-14 OF SAID THE
VINEYARDS UNIT TWO SUBDIVISION;
THENCE ALONG THE EAST LINE OF SAID TRACT L~14 N 01°29"15, W 260.49 FEET TO THE
SOUTHEAST CORNER OF ERINWOOD-PHASE ONE AS RECORDED IN PLAT BOOK 15, PAGES 3
AND 4 OF SAID PUBLIC RECORDS;
THENCE ALONG THE EAST LINE OF SAID ERINWOOD-PHASE ONE N 00°21"53' W 442.7l FEET
TO THE SOUTHERLY MOST CORNER OF OAK COLONY AT VINEYARDS AS RECORDED IN
PLAT BOOK 25, PAGES 67 AND 68 OF SAID PUBLIC RECORDS;
THENCE ALONG THE BOUNDARY OF SAID OAK COLONY AT THE VINEYARDS
N 00021 '53' W 37.29 FEET;
THENCE CONTINUE ALONG THE BOUNDARY OF SAID SUBDIVISION N 86°56"33, E 381.03 FEEq
TO THE SOUTHEAST CORNER OF SAID SUBDIVISION;
THENCE ALONG THE EAST LINE OF SAID SUBDIVISION N 00058"42, E 346.09 FEET;
THENCE CONTINUE ALONG SAID EAST LINE N 00°22"53, W 250.00 FEET TO THE NORTHERLY
MOST CORNER OF SAID SUBDIVISION;
THENCE LEAVING SAID SUBDIVISION S 89°37'07TM W 20.00 FEET;
THENCE N 00°24'03'' W 42.19 FEET TO A POINT OF CURVATURE;
THENCE 16.91 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A
RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 64035, 17", A CHORD DISTANCE OF 16.03 FEET,
BEARING N 32041 '42" W TO A POINT OF TANGENCY;
THENCE N 64059'20" W A DISTANCE OF 191.87 FEET TO THE EASTERLY RIGHT-OF-WAY LINE
OF ARBOR BOULEVARD (TRACT R OF THE VINEYARDS UNIT ONE) AND A POINT ON A
CIRCULAR CURVE;
3106S. Horseshoe Drive, Naples, Florida 34104 · Phone (239) 643-2324 Fax (239) 643-1143 · E-Maih engcollier@cecifl.com
HAMMOCK ISLES
LEGAL DESCRIPTION
Page 2 of 2
COASTAL ENGINEERING CONSULTANTS, INC.
THENCE 203.30 FEET ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF A CURVE
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 960.00 FEET, A CENTRAL ANGLE OF
12°08'01", A CHORD DISTANCE OF 202.92 FEET, BEARING N 23007'45'' E TO A POINT OF
COMPOUND CURVATURE;
THENCE 190.67 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST HAVING
A RADIUS OF 960.00 FEET, A CENTRAL ANGLE OF 11°22"48', A CHORD DISTANCE OF 190.36
FEET, BEARING N l 1 °22"03' E TO A POINT OF TANGENCY;
THENCE N 05°40"38' E 159.58 FEET TO A POINT OF CURVATURE;
THENCE 411.50 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HAVING
A RADIUS OF 313.00 FEET, A CENTRAL ANGLE OF 75°19"33', A CHORD DISTANCE OF 382.50
FEET, BEARING N 43°20'24'' E TO A POINT OF TANGENCY;
THENCE N 81°00'11" E 257.36 FEET TO THE SOU~FHERLY LINE OF VINEYARDS ARBOR GLEN
AS RECORDED 1N PLAT BOOK 21, PAGES 39 THROUGH 41 OF SAID PUBLIC RECORDS;
THENCE CONTINUE N 81°00'11" E ALONG SAID LINE OF SAID SUBDIVISION FOR A DISTANCE
OF 368.33 FEET TO A POINT OF CURVATURE;
THENCE 868.45 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST HAVING
A RADIUS OF 621.79 FEET, A CENTRAL ANGLE OF 80001 '29", A CHORD DISTANCE OF 799.56
FEET, BEARING N 40059'26" E TO THE EAST LINE OF SAID TRACT "CC";
THENCE ALONG SAID LINE S 00°58'42'' W 3,525.09 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 95.86 ACRES OF LAND.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
COAS~AL'~GINE ER~-"L~NS U LTANTS, INC.
464
/
RICHARD J. EWING,
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 02.004
DATE:
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