Independence Phase OneCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer~b
DATE: December 17, 2003
RE:
Independence Phase One
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Independence 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
PRELIMINARY WORK AUTHORIZATION
Independence Phase One
THIS AGREEMENT made and entered into this t'~t4% day of Dt~l~c/lr~0~tr-,
2003, by and between the Board of County Commissioners of Collier County Florida, hereinafter
referred to as "County," and Habitat for Humanity of Collier County, Inc., hereinafler referred to
as the "Owner."
RECITALS:
WHEREAS, the Owner represents and warrants it is the record fee title owner of
Independence Phase One, 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 Independence Phase One improvement plans is
paramount for the development of the approved Independence PSP; 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.
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ppL_2003-AR-4618 REV: 2
pROJECT 2003080027
DATE: 12/15/03 DUE: 12/29/03
Bo
SECTION 2
IMPROVEMENTS
Owner shall be permitted to perform the 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 as shown on Independence Phase One, WilsonMiller, Inc., Drawing
File No. D-4126-004, sheet number 3 of 19, dated June 2003.
o
Cleating and Grubbing within residential areas, and as shown on Independence
Phase One, WilsonMiller, Inc., Drawing File No. D-4126-004, sheet number 3 of
19, dated June 2003.
Construction of paving and drainage infrastructure within street tights-of-way and
in those areas which will serve future residential areas, to include but not be
limited to subgrade, base, asphalt, curbing, storm pipe, headwalls, inlets, and
sidewalks.
4. Construction of infrastructure to include water, sewer and irrigation mains.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Independence Phase One Final Subdivision Plan consisting of 19 sheets, prepared by
WilsonMiller, Inc., dated June 2003, hereinafter collectively referred to as the
"Preliminary Work." The legal description of the boundaries of the Preliminary Work is
shown on the preliminary plat for Independence Phase One consisting of 3 sheets
prepared by David J. Hyatt, P.S.M., of WilsonMiller, Inc.
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:
Independence Phase One, Final Subdivision Plans, WilsonMiller, Inc., Drawing
File No: D-4126-004, sheet numbers 1 through 19, dated June 2003.
Final plat for Independence Phase One, prepared by David J. Hyatt, P.S.M., of
WilsonMiller, Inc.
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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.
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) through (b) in Section 3 above have been satisfied. Owner
understands that no building permit will be issued for habitable structures within Independence
Phase One until Independence Phase One 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) through (b) in Section 3 of
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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.
Printed or typed name
Hab~ty of~Cj~Udgr Cojmty, Inc.
Samuel D~t~D., President
ATTEST:
STATE OF FLORIDA
COUNTY OF COLLIER
BOARD OF COUNTY COMMISSIONERS
~; COLLIER~TY~?,/,. fA o
Tom
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THE
FOREGOING INSTRUMENT was acknowledged before me this ~7 day of
County, Inc.
,2003, by, Samuel Durso, M.D., as President of Habitat for Humanity of Collier
is p~onally known~'~ to me or who has produced
who
(Notary Seal)
WITNESS my hand and official seal this~"~
, as identification.
day ofC~~ , 2003.
~ATE OF FLO~I)A
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EXHIBIT "A"
*** OR:' 3.012 PG: 0768
DESCRIPTION:
A parcel of land tn the Northwest one-quarter of Section 31, Township
46 South, Range 2g East. Collier County. Florida being more particularly
described as follows:
Commence at the Northwest corner of said Section 311 as the Point of
Beginning of the parcel of land hereln described and run S84'45'30'E,
along the North line of sold Section 31, a dlstance of 1616.64. feet to
the Northeast corner of o parcel of land described In Official Records
Book 1584. Page 2142, Public Records of Collier County, Florida; [hence
SO0'4g'30'E, along the East line of said parcel described in Official
Records Book 1584, Page 2142, o distance of 664.60 feet to the
Southeast corner of so~d parcel described in Officlol Records Book 15B4,
Page 2142: thence N 85'22'39"W0 along the South line of said parcel
described in Official Records Book 1584, Poge 2142, o distance of
478.47 feet to the Southwest corner of sold pcrcel described in Official
Records Book 1584, P(3ge 2142 (said point also belng a point on the
East line of a parcel of land described cs PARCEL 1 in Officlcl Records
Book 1116, Page 1276, Public Records of Collier County, Florida); thence
continue N85'22'39"W o distance of 551.8g feat; [hence S00%9'30'E a
distance of 1407.54 feet to the Northwest corner of o certain parcel of
land described in ,Official Records Book 2381, Page 3408, Public Records
of Collier County. Florida; thence S00'49'50'£, along the West line of
sold parcel described tn Official Records Book 2381, Page .3408, o
distance o? 500.00 feet to the North rlght-of-woy line of County Rood
S-850; thence N87'57'OO"W, along sold North nght-of-woy~hne, o
distance of 306.30 feet to the beginning of a curve to the left; thence
WesteHy along said curve, (sold curve being concave to the South and
having o central angle of 01'25'35', a rodlus of 1I~79.20 feet, 'a chord
length of 2B6.27 feet and o chord bearing of N88' ~7'W). o distance
of 286.28 feet to the West line of Section 31, To~, 46 South,
Range 29 East; thence NOO'36'lS"W, along sold Wr~ of Section ,31,
o dlstonce of 2619.04 feet to th~ Point of Beginn!,=~.
Subject to easements, restHctlons, reservoUons ~,~.; rights-( -way of
record.
NOTES:
1. THIS IS NOT A SURVEY
2. BEARINCS ARE BASED ON THE NORTH UNE OF SECTION 31 ~ 9£1NG SOUTH ~)4.'45' .30' EAST.
;3. SUBJECT TO EASE:MENTE~ RESERVATIONS AND RESTRIC110NS
4. NOT VAUD UNLESS ACCOMPANIED BY PAGE: 1 OF 2 SHOWIh; XETCH OF OESCRIPllON,
AND BEARING THE: ~IGNATURE; AND' THE ORIGINAL RAIS;F..D S~. ~3F A FLORIDA LICENSED
SUR~'~fCR AND MAPP{:R.
REFERENCE FILE: 15151SD.DWG
REFERENCE FIL~ PRICE2.DWG
~;KETCH &: DESCRIPTION
NOT A SURVEY
,,VILKISON &
IATES
ENGINEER5~ SURVEYORS z~ PLANNERS
88 SOUTH ~N S~E~, ~ ~ 33935
(863) 675-1802 F~ (a63) 6~-1852
~ORI~ BUSINE~ UCENSE NO. ~5770
NA/01--OBO
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