Milano Subdivision
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant ,
FROM: John R. Houldsworth, Senior EngineeJð ~_\
DATE: June 22,2004
RE: Milano
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Milano.
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
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THIS AGREEMENT made and entered mto thIS day 0 June ,2004, by and
between the Board of County Commissioners of Collier County, Florida hereinafter referred to as
"County", and Pulte Home Corporation, hereinafter referred to as "owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 03-54 known as the Royal
Palm Academy PUD Ordinance, hereinafter referred to as the Royal Palm Academy PUD; and
WHEREAS, owner represents and warrants it is the record fee title owner of the lands described
in Milano Subdivision, 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 Milano SFWMD Application No. 020806-14; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because
owner desires to initiate construction of infrastructure prior to onslaught of rainy season;
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 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 I - 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)
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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:
Constructing drainage facilities, clearing, placing fill and installing water and sewer
facilities upon receipt of DEP Permit(s).
The preliminary work detailed in this Section shall be in accordance with plans entitled
Milano_Construction Plans consisting of 26 sheets, prepared by Q. Grady Minor &
Associates, P.A., dated January, 2004 hereinafter referred to as "The Preliminary Work".
The legal description of the boundaries of the preliminary Work is shown on the preliminary
plat for Milano consisting of 6 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 ("Preliminary Work Permits"). These applications are as follows:
Final Construction Plans and Plat AR-5290.
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 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 and b in Section 3 above have been satisfied. Owner understands
and acknowledges that no building permit will be issued for habitable structures within the
Milano Subdivision until the Milano plat is approved and recorded.
(2)
SECTION 5 - INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss,
damage 0 r expense from claims 0 r causes 0 faction 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.
(3)
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
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Printed Name
ATTEST ,,'\D'j' Ci;/J
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Dwight E,JBí:ocl(..cletk,t7.\
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Approved aito~m~·legal
sufficiency:
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Jennifer A. Bel~
Assistant County Attorney
(4)
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Board of County Commissioners
of Collier unty, Florida
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LEGAL DESCRIPTION
A PARCEL OF LAND LOCA TED IN THE SOUTH 1/2 OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; BEING MORE PARTlCULARL Y DESCRIBED AS
FOLLOWS:
COMMENCE A T THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH
88'47'39" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13,
FOR A DISTANCE OF 275.05 FEET TO THE POINTOFBEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED;
FROM SAID POINT OF BEGINNING THENCE CONTINUE SOUTH 88·47'39" WEST, ALONG
SAID SOUTH LINE, FOR A DISTANCE OF 1,050.03 FEET,' THENCE RUN NORTH 00·06'50"
WEST FOR A DISTANCE OF 2,103.53 FEET TO A POINT ON THE SOUTH LINE OF
LIVINGSTON ROAD (275 FOOT RIGHT OF WA Y); THENCE RUN SOUTH 60·51 '17" EAST,
ALONG SAID RIGHT OF WA Y, FOR A DISTANCE OF 165.16 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE CONCA VE SOUTHWEST,' THENCE CONTINUE SOUTHEASTERL Y,
ALONG SAID RIGHT OF WA Y, AND ALONG THE ARC OF SAID CURVE TO THE RIGHT,
HA VING A RADIUS OF 1,772.36 FEET,' THROUGH A CENTRAL ANGLE OF 60·47'04";
SUB TENDED BY A CHORD OF 1,793.33 FEET A T A BEARING OF SOUTH 30·27'45" EAST,
FOR AN ARC LENGTH OF 1,880.28 FEET TO THE END OF SAID CURVE; THENCE CONTINUE
SOUTH 00·04'13" EAST, ALONG THE AFOREMENTIONED RIGHT OF WA Y, FOR A DISTANCE
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zl OF 449,90 FEET,' THENCE CONTINUE SOUTH 00·07'45" EAST, ALONG SAID RIGHT OF WA Y,
g FOR A DISTANCE OF 5,31 FEET TO THE POINTOFBEGINNING, CONTAINING 39.345
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"I ACRES, MORE OR LESS.
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~' ¡, BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE
~ OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,
3- RANGE 25 EAST, AS BONG S 88·47'39" W.
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2. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER VA TIONS
AND/OR RESTRICTIONS OF RECORD,
3. DIMENSIONS SHOWN HEREON ARE IN F[[T AND DECIMALS THEREOF.
4. THIS SHEET IS NOT COMPLETE UNLESS ACCOMPANIED BY SHEET 2 OF 2
OF THE MILANO, DA TED JUNE, 2004,
Q, GRADY MINOR AND ASSOCIA rES, P,A.
SIGNED rn - I 4-- ð 4-
EXHIBIT
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/STEPHEN V. BURGE
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STA TE OF FLORIDA
* NOT A SURVEY *
Q. GRADY MINOR AND ASSOCIATES, PA.
CIVIL ENGINEERS· LAND SURVEYORS · PLANNERS
3800 WA DEL REY
BONITA SPRINGS, FLORIDA 34134
DRA WN BY: S. B. JOB CODE- RPAPT SHEET' 1 OF 2
LEGAL DESCRIPTION
MILANO
SECr/ON 13, Y'Olf'NSH/P 48 SOUY'H, RANCE 25 EASY'
COUJER COUNY'Y, PlOR/lJA
PHONE: (239) 947-1144 FAX: (239) 947-0375 DATE: JUNE, 2004
CERTIFICATE OF AUTHORIZATION NUMBER LB 5151
DRA WlNG: B-2867
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LENGTH
5,31'
BEARING
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DEL T A
60'47'04 '"
LINE TABLE
LINE BEARING
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0' ISO' 300'
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30' ROADWAY EASEMENT
.R. 232, Pes.. 300-312
O.R. 270, PG. 37
___ 30' ROADWAY EASEWENT Q.R. 256. PG. 294
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LEGEND
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P,O.8. POIN T OF BEGINNING
P.O.c. POINT OF COMMENCEMENT
R,O,W RIGHT-OF WAY
PG, PAGE
OR OFF/CAL RECORDS BOOKS
* NOT A SURVEY ,
DRAWN BY: 5B JOB CODE- RPAPT SHEET' 1 OF 2
LEGAL DESCRIPTION
MILANO
SECr/ON 13, TOlf'NSH.fP 48 SOUTH, RANCE 25 EASJ
COLL.fER COUNTY. FLOR.f.lJA
DATE: MARCH, 2004 DRAWING: B-2867
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Q. GRADY MINOR AND ASSOCIATE~ PA.
CIVIL ENGINEERS· LAND SURVEYORS · PLANNERS
3800 ITA DEL REY
BONITA SPRINGS, FLORIDA 34134
PHONE: (239) 947-1144 FAX: (239) 947-0375
CERTIFICATE OF AUTHORIZATION NUMBER LB 5151
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