Arrowhead @ Lake Trafford,Ph.1COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer~.~,\
DATE: June 11, 2003
RE: Arrowhead at Lake Trafford, Phase One
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Arrowhead
at Lake Trafford, Phase One. 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
ARROWHEAD RESERVE AT LAKE TRAFFORD
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ~ day of
2003, by and between the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as "County", and MDG LAKE TRAFFORD, LLC, hereinafter referred to
as the "Owner."
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 02-40 known as the
ARROWHEAD PUD Ordinance, hereinafter referred to as the ARROWHEAD PUD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of the
lands described in ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE, Pages 1
through 18 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 ARROWHEAD RESERVE, SFWMD
Permit No. 11-02200-P and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because construction of infrastructure needs to occur as soon as possible due to economic and
development schedule reasons; 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 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.
Page 1
W52001~2001106\GHH~PreliminaryWorkAuthorization. DOC
SECTION 2 - IMPROVEMENTS
Ao
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:
1. Clearing of vegetation necessary for project infrastructure.
2. Earthwork necessary for the installation of water and sewer lines, drainage pipes,
swales and roadbed preparation.
3. Installation of storm drainage pipes and swales.
4. Installation of potable and sanitary sewer utilities.
The preliminary work detailed in this Section shall be in accordance with plans entitled
ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE consisting of 35 sheets,
prepared by HOLE MONTES, INC., dated March 2003, hereinafter referred to as "The
Preliminary Work." The legal description of the boundaries of the Preliminary Work is shown
on the preliminary plat for ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE
consisting of 18 sheets prepared by THOMAS J. GARRIS, P.L.S., HOLE MONTES, 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:
1. ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE construction
plans consisting of 35 sheets prepared by Hole Montes, Inc.
2. ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE Preliminary
Plat consisting of 18 sheets prepared by Hole Montes, Inc.
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.
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.
Co
Owner submitting to the County a copy of approval letter from Immokalee Water-Sewer
District and permits from the Florida Department of Environmental Protection for
Page 2
W:\2001L2001106\GHH~PreliminaryWorkAuthorization. DOC
construction of the potable water distribution system and sanitary sewer collection
system.
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 providing that no
water and sewer utility construction may commence until condition C in Section 3 has been
satisfied. Owner understand and acknowledges that no building permit for habitable structures
within the ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE project until the
ARROWHEAD RESERVE AT LAKE TRAFFORD plat is approved and recorded.
SECTION 5 - INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss,
damage or expenses from claims or causes of action, including attorneys fees and court costs,
resulting from, arising out of, or 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 the 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 A, B, and C 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 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.
Page 3
W:\2001 ~001106\GHH~PreliminaryWorkAuthorization. DOC
Witness
OWNER:
MDG LAKE TRAFFORD, LLC.
A FLORIDA LIMITED LIABILITY COMPANY
~ e~c~,e_ ~-~ .~:r'. oM By:
Printed Name
Witness
Printed Name
'' ATTEST: ....
';~ :~ Dwight E. Brd&k, Clerk
Patrick G. ~hite, Assistant County Attorney
MDG CAPITAL CORPORATION
A~~~.~;~AGING MEMBER
~¢illi~ L.--Klohn, As Its President
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~ {~lttaI~kllnq:~'r[i~g, Ch~/~rma-n
STATE OF: Florida
COUNTY OF: Collier
The foregoing instrument was acknowledged before me this 5'~ day of ,)~,-~_,
2003 by William L. Klohn, As Its President of MDG Capital Corporation, a Florida Corporation
authorized to do business in the state of Florida. He is personally known to me and did not take
an oath.
My Commission Expires
· e ~ DENISE I_ARSON
~,,&~.e'-' MY COMMISSION · DD 108384
EXPIRES: May 3. 2006
1-800-3-NOTARY
NOTARY PUBLIC
Commission Number
~=NISE LARSO:,,
Printed Name of Notary Public
Page 4
W:\2001 ~2001106\GHH~PreliminaryWorkAuthorization. DOC
EXHIBIT A
LEGAL DESCRIPTION FOR ARROWHEAD RESERVE AT LAKE TRAFFORD
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
AND SECTION 6, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTH HALF OF SAID SECTION 31,
MARKED BY AN IRON ROD 5.38 FEET SOUTH OF THE CENTERLINE OF LAKE TRAFFORD
ROAD; THENCE S.01 °l 1 '04"E., ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE
OF 34.62 FEET TO THE POINT OF BEGINNING, A POINT ON THE ARC OF A CURVE OF THE
SOUTHERLY RIGHT-OF-WAY OF LAKE TRAFFORD ROAD FROM WHICH THE RADIUS
POINT LIES N.00°36'38"E., A DISTANCE OF 11499.20 FEET; THENCE CONTINUE
S.01°l l'04"E., ALONG SAID EAST LINE OF SECTION 31, A DISTANCE OF 2626.06 FEET TO
THE CORNER COMMON TO SECTIONS 31 AND 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
AND SECTIONS 5 AND 6, TOWNSHIP 47 SOUTH, RANGE 29 EAST; THENCE S.00°44' 14"E.,
ALONG THE EAST LINE OF AFOREMENTIONED SECTION 6, A DISTANCE OF 30.00 FEET;
THENCE S.88°53'58"W., A DISTANCE OF 100.00 FEET; THENCE S.00°44' 14"E., ALONG A
LINE 100 FEET WEST OF AND PARALLEL WITH THE EASTERLY LINE OF
AFOREMENTIONED SECTION 6, A DISTANCE OF 1182.18 FEET; THENCE S.89°15'46"W., A
DISTANCE OF 1660.14 FEET; THENCE N.54°44, 53"W., A DISTANCE OF 626.03 FEET;
THENCE N.43°02'5 I"W., A DISTANCE OF 1245.23 FEET; THENCE N.01 °30'27"W., A
DISTANCE OF 570.20 FEET; THENCE N.75°33'21"W., A DISTANCE OF 681.54 FEET; THENCE
N.86°52'40"W., A DISTANCE OF 550.82 FEET; THENCE N. 16°09'26"E., A DISTANCE OF
557.00 FEET; THENCE N.00°55'06"W., A DISTANCE OF 1427.65 FEET (1428.07 FEET
CALCULATED) TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LAKE TRAFFORD ROAD;
THENCE S.87°58'12"E., ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 3861.86 FEET TO
THE P.C. OF A CURVE TO THE LEFT HAVING A RADIUS OF 11499.20 FEET AND A
CENTRAL ANGLE OF 01025, 10"; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE,
A DISTANCE OF 284.88 FEET TO THE POINT OF BEGINNING; CONTAINING 307.333
ACRES, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF
RECORD.
BEARINGS REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AS BEING
S.01°l l'04"E.
W:k2001 ~2001106\GHH~PWA EXHIBIT A - LEGAL DESCRIPTION.doc