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Grand Lely Drive COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING SERVICES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer DATE: August 31,2004 RE: Grand Lely Drive Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Grand Lely Drive. 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 31 &- day of ~ ' 2004, by and between the Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and Stock Development, LLC, hereinafter referred to as "owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 92-15 known as the Lely, A Resort Community Ordinance, hereinafter referred to as the Lelv Resort; and WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in Grand Lelv Drive, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District has reviewed the application for a surface water management permit modification for Grand Lely Drive & Lely Cultural Parkway Extension SFWMD Application No. 030805-18; Application No. 030805-18 and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because the plans and plat have staff approval and the next Board date is September 28, 2004 which creates a hardship for construction; 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 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. 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: 1. Clearing per staff approved plans. 2. Importing of fill for roadway bed. 3. Construction of paving and drainage infrastructure for roadway. The preliminary work detailed in this Section shall be in accordance with plans entitled Grand Lely Drive and Lely Cultural Parkway Roadway Improvements consisting of 12 sheets, prepared by Waldrop Engineering, P.A., dated June 2004 hereinafter referred to as "The Preliminary Work". The legal description (1) of the boundaries of the preliminary Work is shown on the preliminary plat for Grand Lely Drive and Lely Cultural Parkway consisting of J sheets prepared by Rhodes and Rhodes Land Surveying, Inc. 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: 1. All permits have been submitted and received staff approval. 2. PPL is awaiting Board Approval on September 28, 2004. SECTION 3 - PERMITS REQUIRED Issuance ofthe 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 for habitable structures within the Grand Lely Drive and Lely Cultural Parkway Roadway Improvements until the Grand Lely Drive and Lely Cultural Parkway 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 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 ofthis Agreement. SECTION 6 - RESTRICTIONS This Agreement shall be binding upon the parties and is not transferable. (2) SECTION 7 - LIMIT A TIONS 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 ofthe 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 (Reference applicable Conditions by Letter) 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. IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. ~::~ /P; ~ E' AJC r¿ .,) J\ {l.c.4-- Printed Name C--:2- G Witness Ce-C5 tJ{r¿eN~~ Printed Name Stock Development, L·¿f, . ~~~ Tom Masters, V.P. Land Development ATT~JI" f:,f)/~t.;{": "" D\\iÌ$~,t. ~.~ ~;~~k:'G~t~~ - d .' ;' ~: ~:. >:\:;,~,' . ~:" . ~. c:,. /..1., .11" \ !" ~: ~L :.;. : "~""tteS:f:ti)tÞ 'Chi 1~n' S ¡;';~(,y~'l~M~ ti~Wf~gal ~ 'J. .. . '" ~'... suffrC;}.FR'bY~ . . , . . .. .. (;, , '.1/1 . (4 ! ~,\: {)\,..; ~ v...,. Board of County Commissioners of Collier unty, Florida / Jenmfer A. B edio Assistant County Attorney e foregoing instrument was sworn to (or affirmed) and subscribed before me this)~day of .20/)/, by 1lJ~ ~"iferi , who is personally known to me or has produced .<A4- as i~tification. He/she acknowledged before me that he/she has executed this instrument for the reasons therein expresse1 Q / ~ ~",\\\lI I/"III" ~"", ~\\ A. 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F)/l)¡Sé..- FJi.}, -r i:¡CC/( :/3, ,c)).(;J'!:.-S "A//Î /Yt'V A ~ A::: ..t\.)-"'''',-J PROPER TY oESCRtP TION A PORTION OF SECTIONS 21 AND 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: RFGINNING A T THE SOUTHWEST CORNER OF LEL Y CUL TURAL PARKWA Y,LEL Y RESORT PHASE TWO ACCORDING TO THE PLA T THEREOF, RECORDED IN PLA T BOOK 18 A T PAGES 43 THROUGH 45 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERL Y BOUNDARY OF TRACT GC-6, LEL Y RESORT PHASE FOUR ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 58 THROUGH 66 (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE NORTH 85"56'57" WEST, ALONG SAID NORTHERL Y BOUNDARY LINE, A DISTANCE OF 823.35 FEET,' THENCE DEPARTING FROM SAID NORTHERL Y BOUNDARY LINE, CONTINUE NORTH 85"56'57" WEST, A DISTANCE OF 185.00 FEET,' THENCE NORTH 04'03'03" EAST, A DISTANCE OF 1,724.98 FEET TO A POINT OF CUR VA TURE,' THENCE NORTHERLY, 321,14 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 920.00 FEET, THROUGH A CENTRAL ANGLE OF 20'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 05"56'57" WEST, 319,51 FEET TO A POINT OF TANGENCY,' THENCE NORTH 15'56'57" WEST, A DISTANCE OF 208.76 FEET TO A POINT OF CURVATURE,' THENCE NORTHERLY, 316.05 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HA VlNG A RADIUS OF 1,080.00 FEET, THROUGH A CENTRAL ANGLE OF 16'46'01" AND BEING SUB TENDED BY A CHORD WHICH BEARS NORTH 07'33'57" WEST, 314.92 FEET TO A POINT OF TANGENCY,' THENCE NORTH 00'49'04" EAST, A DISTANCE OF 442.81 FEET TO A POINT OF CUR VA TURE,' THENCE NORTHWESTERL Y, 39.30 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCA IÆ SOUTHWESTERL Y, HA VlNG A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90'03'29" AND BEING SUB TENDED BY A CHORD WHICH BEARS NORTH 44'12'41" WEST, 35.37 FEET TO A POINT OF TANGENCY,' THENCE NORTH 89'14'25" WEST, A DISTANCE OF 312,01 FEET,' THENCE NORTH 75'38'31" WEST, A DISTANCE OF 45.53 FEET,' THENCE NORTH 00'45'35" EAST, A DISTANCE OF 27. 79 FEET TO A POINT ON THE SOUTHERL Y RIGHT-OF-WA Y LINE OF RA TTLESNAKE HAMMOCK ROAD (C.R. 864); THENCE SOUTH 89'14'25" EAST, ALONG SAID SOUTHERL Y RIGHT-OF-WA Y LINE, A DISTANCE OF 566.28 FEET; THENCE DEPARTING FROM SAID SOUTHERL Y RIGHT-OF-WA Y LINE, SOUTH 00'45'35" WEST, A DISTANCE OF 27.58 FEET TO A POINT ON A NON-TANGENTIAL CURVE,' THENCE SOUTHWESTERLY, 39,24 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCA IÆ SOUTHEASTERL Y, HA VING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89'56'.31" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 45'47'19" WEST, 35.34 FEET TO A POINT OF TANGENCY,' THENCE SOUTH 00'49'04" WEST, A DISTANCE OF 453.95 FEET TO A POINT OF CURVA TURE,' THENCE SOUTHERL Y, 269.23 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCA VE EASTERL Y, HA VlNG A RADIUS OF 920.00 FEET, THROUGH A CENTRAL ANGLE OF 16'46'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 07'33'57" EAST, 268.27 FEET TO A POINT OF TANGENCY; THENCE SOUTH 15"56'57" EAST, A DISTANCE OF 208. 76 FEET TO A POINT OF CUR VA TURE,' THENCE SOUTHERLY, 376.99 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1,080,00 FEET, THROUGH A CENTRAL ANGLE OF 20'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05'56'57" EAST, 375.08 FEET TO A POINT OF TANGENCY,' THENCE SOUTH 04'03'03" WEST, A DISTANCE OF 1,604.98 FEET,' THENCE SOUTH 85"56'57" EAST, A DISTANCE OF 848,35 FEET,' THENCE SOUTH 04'03'03" WEST, A DISTANCE OF 120,00 FEET TO THE POINT OF BEGINNING. CONTAINING 610,301 SQUARE FEET OR 14.01 ACRES, MORE OR LESS. ". ". ''''''"''''''9 E-'K~ \~(r .1.\. Division of Corporations Page 1 of Florida Limited Liability STOCK DEVELOPMENT, LLC >-~-- PRINCIPAL ADDRESS 4501 TAMIAMI TR STE 300 NAPLES FL 34103 Changed 04/30/2004 MAILING ADDRESS 4501 TAMIAMI TR STE 300 NAPLES FL 34103 Changed 04/30/2004 Document Number LO 1000011 007 FEI Number 593740488 Date Filed 07/0912001 State FL Status ACTIVE Effective Date NONE Total Contribution 0.00 Registered Agent Name & Address COLEMAN. KEVIN G 4001 TAMIAMI TRAIL NORTH, sm. 300 NAPLES FL 34103 M 1M b D t °1 anager em er e al I Name & Address II Title I STOCK. KENNETH C B 4501 T AMIAMI TR STE 300 NAPLES FL 34103 I STOCK, BRIAN II MGRM I 4501 TAMIAMI TR STE 300 http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?a 1 =DETFIL&n 1 =LO 1 0000 11 007 &n2=NAMFWD&n3=000... 8/27/200. Division of Corporations Page 2 of NAPLES FL 34103 II I c:J NAPLES FL 34103 BLACK. BRAD J 4501 TAMIAMI TR STE 300 A lR rt nnua epo s I Report Year II Filed Date I I 2002 II 12119/2002 I I 2003 II 0412112003 I I 2004 II 04/3012004 I No Events No Name History Information Document Images Listed below are the images available for this filing. 04/30/2004 -- ANN REPIUNIFORM BUS REP 04/21/2003 -- ANN REPIUNIFORM BUS REP 12/19/2002 -- COR - ANN REPIUNIFORM BUS REP 04/22/2002 -- COR - ANN REPIUNIFORM BUS REP 07/09/2001 -- Florida Limited Liabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://ccfcorp.dos,state,fLus/scripts/cordet.exe?al=DETFIL&nl=Lo.lo.o.o.o.l1 0.0.7 &n2=NAMFWD&n3=o.o.o.... 8/27/20.0. FILED Apr 30, 2004 8:00 an Secretary of State 04-30-2004 90071 013 ****50.00 2004 LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT # L01000011007 1. Entity Name STOCK DEVELOPMENT, LLC Principal Place of Business 5692 STRAND C1 NAPLES, Fl 34110 Mailing Address 5692 STRAND CT. NAPlES,Fl34110 COLEMAN, KEVIN G 4001 TAMIAMI TRAIL NORTH, STE. 300 NAPLES, FL 34103 2QUbUIOU 11111111111111111 IIIIIIIIII~IIIII~ 1II1I 1IIIIIIIj 11111 11111 Imll III 1111 04252004 Chg-LLC CR2E083 (10103) 4. FEI Number 59-3740488 5. Certificate of Status Desired 0 7. Name and Addr... of New R Street Address (P.O. Box Number is Not Acceptable) City FL Zip Code 8. The above named entity submits this statement for the purpose of changing its registered office or registered agent. or both, in the State 01 Florida, I am familiar with, and accept the obligations of registered agent SIGNATURE Signo1L<o. _ .. ",íoIecI n..... 0/ regis o,od IgIIl1I or<! tiIIo ,___. Filing Fee Is $50.00 Due by May 1, 2004 9. TITLE NAME STREET ADDRESS CITY-SHIP MANAGING MEMBERS/MANAGERS MGRM 0 Delete STOCK, KENNETH C !lô!! 3"'~J4~ ~, NAPLCÐ, rl 31119 MGRM STOCK, BRIAN MIS! .3TI'\A ~ D O'f . t""PLC&. n. J111-i TIllE NAME STREET ADDAESS CITY·ST-ZIP o Delete TntE NAME 5MET ADDRESS CITY· 51 - ZIP IITLE' NAME STREET AOORESS CITY - S1 - ZiP V BLACK. BRAD J 6892 £TMI~O CT. .111'''&''. Fl.. 3111i o Delete o Delete TITLE NAME STREET AOOÆSS ClTY-ST-ZIP TITlE NAME STREET AOOÆSS CITY-5T-ZlP o Delete o Delete (NOTE: Regi_Od AQOnIlignolut. _od _ ........"!I) DATE Make check payable to Florida Department o. State to. TntE NAME STREET ADDRESS ~ , CITY - ST - ZIP ~ Change o Addition (--r-. 300 o Addition 300 Change OAlii1tlon 300 OAliiltlon TITLE NAt.lE STREET ADDRESS CITY-ST-lIP TntE NAME STREET ADDRESS CITY-ST-ZiP TITLE NAME STREET ADDRESS CITY-ST-ZlP TITLE NAME STREET AOOÆSS CITY-ST-ZlP TITLE NAME STREET AOOAESS CITY-51-liP o Change 0 AddiUon o Change 0 Addition 11. I hereby certify that the Information supplied with this filing does not qualify for the exemption stated In Section 1 '9.07(3}(1), Aorida Slatutes. I flXlher Cerlily thai the information indicated on this report is trUB and accurate and that my signature shall have the same legal effect as if made under oath; thaI I am a managing member or manager of the limited liability company or the receiver or trustee ered execute this report as required by Chapter 608, Aorida Statutes, SIGNATURE: SlGHAWAIi "NO T t.( S.CU\ DEVELOPER CONSENT AND DELEGATION OF AUTHORIZATION {Lely Resort} STATE OFJ:.íô/';/'/¿-, COUNTY OF Cðll;~ Before me, the undersigned authority personally appeared K.C. Stock and Brian K. Stock, who upon being duly sworn, depose and say: 1. The undersigned are the sole Members and the sole Managing Members of Stock Development, LLC, a Florida limited liability company ("Stock Development"), 2, Stock Development is currently in existence under a valid operating agreement and is registered with the Florida Department of State. 3. Stock Development has not been dissolved and is in full force and effect. 4. Stock Development has not been dissolved and is in full force and effect, and is the master developer of the residential development community located in north Collier County, Florida and known as Lely Resort 5. Tom Masters is authorized, for and on behalf of Stock Development" to execute and deliver to Collier County, any development applications, requests for easement vacations, or any other documents requested by Collier County and related to any development activities directly or indirectly related to Lely Resort. 6. This Consent and Authorization shall be deemed valid until December 31, 2004, unless it is revoked in writing by Affiants at an earlier date. AFFIANTS: '7 ~JíJJ an K...8·tock /" ,'/' j{. e. ~ K. c. Stoclc 3. . The forep>ing Affidavit and Resolution ~fMembers was acknowle~ged before me this _IV day of ~<,_,/..~j- ,2004, by Bnan K. Stock, who 1/ IS personally known to me or has produced ¡(.J I t1-- as identification. ,\\\I\\lII¡ilill/i;: .~ ~,\\ ~'\\ Þ.. Web iF/,;,;; tL)¿ §- ~\' o"""'o 6'1" ~. /.t:¿~ .t o·o~~\SSION/·" ~ ~ 0" CJC) ",~¡y 28, :r~ o. ~. ....' , - ."'-~, <"a '{h. - ~ i~<l: ~u:>:*~ Notary Public Signature ::*. .... .:- (Seal) ~-;?;, \ #00187211 ¡?Sf: 1Jt-fh /1 !0e6 ~ c¿. . . ",.;::- . f r- ¿.' ,.___ ~ '?",'o '" ~e<I~ ~ .0" (!§:.;~ ~?·)-·o.~Fain-I \9J\--:.' ~v.~.... ~/. ,oút> ....... ()~ "", 'I//I/"'LtC ST~~\."\" "J/lliB '\ j \1,'\:" Notary Public Printed Name 21/'1}- The fo oing Affidavit and Resolution of Members was acknowledged before me this 2..Eday of {.. , 2004, by K.c. Stock, who ~s personally known to me or has pro uced /.J I V- as identification. /~1 /J cfLt;é[/t(rC~ Notary Public Signature ~ #-(4~ Notary Public Printed Name ~,"\\, 1111 Î j11l1lì ~,"'o.0\'(I A. Web/II....~ ~ v....... C"/' ~ ~ ...~~\SS'ON ~... ~ ~ . c,c:î !y 20 '-1:0. ... ~ ..~ ~~'ò. "'¿ ~.. ~ ~ :~~ ~~.~:: :*: .... :* §; iz,\ #00187211 ixl ~::;.\. .~...... ~ ~ ... );: ~ded'/iØ ... fi! ~ ~ ~A ..'FaÍlH~.· <r,0.$5,-$' ~ Va. ........ c~ :\.... 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