Horse Creek EstatesCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM' John R. Houldsworth, Senior Engineer .,~ ~
DATE: October 21, 2003
RE: Horse Creek Estates
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Horse
Creek Estates. 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
Horse Creek Estates
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this Z~S-~. day of 0 0----drObO-o' ,_2003, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as
"County", and WCI Communities, Inc. hereinafter referred to as the "Owner".
WHEREAS, Owner represents and warrants it is the record fee rifle owner of the lands
described in the public records of Collier County, Florida, said legal description attached hereto as Exhibit
"A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has preliminarily approved the surface
water management permit for Horse Creek Estates (f.k.a. Little Palm Island) SFWMD Pemfit Appl. No.
030430-14; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because in order
to commence construction at the earliest possible time due to economic and developmental time constraints;
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 - ACKNOWLEDGEMENT
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.
Horse Creek Estates
Preliminary Work Authorization
Page 2 of 4
SECTION 2 - IMPROVEMENTS
A. Owner shall be pemfitted 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 the roadways, easements and construction areas.
2)
Earth work necessary for the installation of water and sewer lines, water management
swales and roadbed preparation.
3) Installation of the project's required improvements.
The preliminary work detailed in this Section shall be in accordance with plans Horse Creek Estates
consisting of 20 sheets, prepared by Q. Grady Minor & Associates, P.A., dated September, 2003 hereinafter
referred to as the "The Preliminary Work". The legal description of the boundaries of the Preliminary Work
is shown on the final plat for Horse Creek Estates consisting of 3 sheets prepared by Q. Grady Minor &
Associates, P.A.
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:
1)
Construction plans for Horse Creek Estates consisting of 20 sheets, prepared Q. Grady
Minor & Associates, P.A..
2)
Final plat for Horse Creek Estates consisting of 3 sheets prepared by Q. Grady Minor &
Associates, P.A..
SECTION 3 - PERMITS 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 permit modification fi.om 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.
Horse Creek Estates
Preliminary Work Authorization
Page 3 of 4
SECTION 4 - APPROVAL
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 will be issued for habitable structures within Home Creek Estates
until the Horse Creek Estates 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 fi:om, 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 of 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 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.
Horse Creek Estates
Preliminary Work Authorization
Page 4 of 4
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
Printed Name
Witness
Approved as to form and legal
csu.fficienc¥: l'~
Collier County Attorney
Home Creek Partners, L.P..
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLI ~E~t C0~/,~7, FLORIDA
Tom Henning, Chairman~
STATE OF FLORIDA ·
COUNTY OF.J~-~ ~OBI, OC'
~11.
rh~ ~o~_~_i.n~_ ~t w~ aok~ow~d~d b~fo~e m~ t~ ~-- day off~.~r 2003, ~y
~2[~tl~"~, ~°t~f~ , of Horse Creek Partners, L.P., a Florida limited partnership. He is
personally known to me and did not take an oath.
WITNESS my hand and official seal this __
Notary Public
My commission expires:
(affix notarial seal there)--)
day of.~"'~"~r 2003.
:*: - :*:' tv'Y C:O~'~['IISSION # CC 927128
i [ %,,, ,',,¢,e' E?P'RES: Apri, 11, 2004 I!
Tr :" '_' ..... 21
SHEET ! OF 8
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN SECT/ON 23, TOI4~ISH/P 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECT/ON 25, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLUER COUNTY, FLOR/DA; THENCE RUN SOUTH 89'57'$1" EAST ALONG THE NORTH
L/NE OF THE NORTHWEST QUARTER OF SAID SECllON 2.7, FOR A DISTANCE OF 2,850.07 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SEC170N 2`3; THENCE RUN NORTH 88'21'09"
EAST, ALONG THE NORTH LiNE OF SAID NORTHEAST QUARTER OF SECTION 2.7, FOR A D/STANCE OF
1,28.7.88 FEET TO THE NORTHWEST CORNER OF LOT # OF PALM RIVER ESTATES UNIT NO. 5, AS
RECORDED IN PLA T BOOK 10, PAGE 92 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
RUN SOUTH 11'57'.7.7" WEST, ALONG THE WESTERLY LINE OF SAID PALM RIVER ESTATES UNIT NO. 5, FOR
A DISTANCE OF 2.77.94 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHWEST, WHOSE RADIUS
POINT BEARS NORTH 78'02'25" WEST, A DISTANCE OF 140.00 FEET THEREFROM; THENCE RUN
SOUTHWESTERLY ALONG SAID WESTERLY LINE AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 47'4,3'4.7", SUBTENDED BY A CHORD OF 11.7.28
FEET AT A BEAR/NO OF SOUTH .75'49'27" WEST, FOR AN ARC LENGTH OF 116.82 FEET TO THE
NORTHEAST CORNER OF LOT 1057 OF PALM RIVER ESTATES UNIT NO. .7, AS RECORDED IN PLAT BOOK 8,
PAGE 9, OF SAID PUBLIC RECORDS, THE SAME BEING A POINT ON A CIRCULAR CURVE CONCAVE NORTH,
WHOSE RADIUS POINT BEARS NORTH $0'22'06" WEST, A DISTANCE OF 74.77 FEET THEREFROM; THENCE
RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID PALM RIVER ESTATES UNIT NO. ,3 AND THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 74.77 FEET, THROUGH A CENTRAL ANGLE OF
42'22'24", SUBTENDED BY A CHORD OF 54.04 FEET AT A BEARING OF SOUTH 80'49'06" WEST, FOR AN
ARC LENGTH OF 55.,30 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 78'01'52" WEST ALONG
SAID NORTHERLY LINE, FOR A DISTANCE OF 500.00 FEET; TO A POINT ON A CIRCULAR CURVE CONCAVE
NORTHEAST, WHOSE RADIUS POINT BEARS NORTH 11'58'01" EAST, A DISTANCE OF 220. 40 FEET
THEREFROM; THENCE RUN NORTHWESTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE
TO THE RIGHT, HAVING A RADIUS OF 220.40 FEET, THROUGH A CENTRAL ANGLE OF 59'41'29",
SUBTENDED BY A CHORD OF 219.,37 FEET AT A BEARING OF NORTH 48'11'15" WEST, FOR AN ARC
LENGTH OF 229.62 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 88'23'28" WESST, ALONG
SAID NORTHERLY LINE OF SAID PALM RIVER ESTATES UNIT NO. `3, FOR A DISTANCE OF 1,045.12 FEET TO
THE NORTHWEST CORNER OF LOT 1075 OF SAID PALM RIVER ESTATES UNIT NO. J; THENCE RUN SOUTH
00.01'52" EAST, ALONE THE WESTERLY LINE OF SAID PALM RIVER ESTATES UNIT NO. ,7 FOR A DISTANCE
OF 185.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF CYPRESS WAY OF SAID PALM
RIVER ESTATES UNIT NO..7; THENCE RUN NORTH 89'58'08" EAST, ALONG SAID RIGHT-OF-WAY LINE,
FOR A DISTANCE OF 9.54 FEET; THENCE RUN SOUTH 00'01'52" EAST, ALONG SAID WESTERLY LINE, FOR
A D/STANCE OF 125.00 FEET TO THE SOUTHWEST CORNER OF LOT 909 OF SAID PALM RIVER ESTATES
UNIT NO. J; THENCE RUN NORTH 89'58'08" EAST, ALONG THE SOUTHERLY LINE OF SAiD PALM RIVER
ESTATES UNIT NO. ,7, FOR A D/STANCE OF 109.71 FEET TO A POINT ON THE BOUNDARY OF THE LANDS
DESCRIBED IN OFF/C/AL RECORDS BOOK 601 AT PAGES 1467 AND 1468 OF SAID PUBLIC RECORDS;
THENCE ALONG SAID BOUNDARY THE NEXT FOUR (4) COURSES (1)SOUTH 00'05'20" WEST FOR A
DISTANCE OF ,350.00 FEET; (2) SOUTH 40'05'20" WEST FOR A DISTANCE OF 550.00 FEET; (.7,) SOUTH
77'75'20" WEST FOR A DISTANCE OF 584.08 FEET; (4,) NORTH 76'.72'25" WEST FOR A D/STANCE OF
72.82 FEET TO THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFF/C/AL RECORDS BOOK 14,36,
PAGE 1854, OF SAiD PUBLIC RECORDS; THENCE RUN NORTH 75'J5'1~" WEST, ALONG THE NORTHERLY
LINE OF SAID LANDS, FOR A D/STANCE OF 15.00 FEET TO THE SOUTHEAST CONNER OF THE LANDS
DESCRIBED IN OFF/C/AL RECORDS BOOK 2254, PAGE 1857, OF SAID PUBLIC RECORDS; THENCE RUN
NORTH ~4'24'49" EAST, ALONG THE EASTERLY LINE OF SAID LANDS, FOR A D/STANCE OF 100.00 FEET
TO THE NORTHEAST CORNER OF SAID LANDS,' THENCE RUN NORTH 75'55'11" WEST, ALONG THE
NORTHERLY LINE OF SAID LANDS, FOR A DISTANCE OF 25.00 FEET TO THE SOUTHEAST CORNER OF THE
LANDS DESCRIBED IN OFF/C/AL RECORDS BOOK 1519, PAGE 888, OF SAID PUBLIC RECORDS; THENCE
RUN NORTH 14'24'49" EAST, ALONG THE EASTERLY LINE OF SAID LANDS, FOR A DISTANCE OF 125.00
FEET TO THE NORTHEAST CORNER OF SAID LANDS; THENCE RUN NORTH 75'.75'11" WEST' ALONG THE
NORTHERLY LINE OF SAID LANDS FOR A D/STANCE OF 75.00 FEET TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE CONCAVE SOUTHEAST; THENCE RUN SOUTHICESTERLY ALONG THE ARC OF SAID CURVE
TO THE LEFT, HAVING A RADIUS OF 25.00 FEET; THROUGH A CENTRAL ANGLE OF 90'00'00"; SUBTENDED
BY A CHORD OF ,35.,36 FEET AT A BEARING OF SOUTH 59'24'49" WEST, FOR AN ARC LENGTH OF ,39.27
FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 14'24'49" WEST FOR A D/STANCE OF 800.00
FEET TO THE NORTHWEST CORNER OF LOT 811 OF PALM RIVER ESTATES UNIT NO. 2, PLAT BOOK ,7,
PAGE 96, OF SAID PUBLIC RECORDS; THENCE RUN NORTH 75',35'11" WEST, ALONG THE NORTHERLY LINE
OF SAID PALM RIVER ESTATES UNIT NO. 2, FOR A D/STANCE OF 185.00 FEET TO THE NORTHWEST
CORNER OF LOT 889 OF SAID PALM RIVER ESTATES UNIT NO. 2; THENCE RUN SOUTH 14'24'49" WEST,
ALONG THE WEST LINE OF SAID LOT 889 AND LOTS 8.78 THROUGH 845 OF SAID PALM RIVER ESTATES
UNIT NO. 2, FOR A DISTANCE OF 90.7.00 FEET TO THE NORTHEAST CORNER OF LOT 855 OF SAID PALM
RIVER ESTATES UNIT NO. 2; THENCE RUN NORTH 75'J5'I~" WEST ALONG THE NORTH LINE OF SAID LOT
855, FOR A D/STANCE OF 125.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 855; THENCE RUN
SOUTH 14'24'49" WEST, ALONG THE WEST LINE OF SAID PALM RIVER ESTATES UNIT NO. 2, FOR A
D/STANCE OF 466.00 FEET TO A POINT ON THE NORTHEAST CORNER OF OLD TAM/AMI TRAIL AS SHOWN
ON PLA T OF PALM RIVER ESTA lES UNIT NO. 7, PLA T BOOK 12, PAGE JO, OF SAID PUBLIC RECORDS;
THENCE RUN NORTH 75'.75'11" WEST, ALONG THE NORTH LINE OF SAID OLD TAMIAMI TRAIL, FOR A
D/STANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF SAID OLD TAM/AMI TRAIL; THENCE RUN
SOUTH 14'24'49" WEST, ALONG THE WEST LINE OF SAID OLD TAMIAMI TRAIL, FOR A DISTANCE OF 60.00
FEET TO THE NORTHEAST CORNER OF LOT 1, BLOCK C, OF SAID PALM RIVER ESTATES, UNIT NO. 7;
THENCE RUN NORTH 75'75'11" WEST, ALONG THE NORTH LINE OF SAID LOT 1, BLOCK C, FOR A
D/STANCE OF 22J. 95 FEET TO THE WEST LINE OF THE SOUTHWEST OUARTER OF SAID SECITON 2.7;
THENCE RUN NORTH 00'50'28" WEST, ALONG SAID WEST LINE, FOR A D/STANCE OF 196.96 FEET TO THE
SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 2.7; THENCE RUN NORTH 00'.71'56"
WEST, ALONG THE WEST LINE OF SAID NORTHWEST OUARTER, FOR A DISTANCE OF 2,658.77 FEET TO
THE POINT OF BEGINNINg' OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 85.602 ACRES,
MORE OR LESS.