Valencia Lakes Phase 5-A
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer
DATE: September 9,2004
RE: Valencia Lakes Phase 5-A
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Valencia
Lakes Phase 5-A. 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 3rd day of September, 2004, by and between the
Board of County Commissioners of Collier County, Florida hereinafter referred to as "County",
and Roberto Bollt, Trustee , hereinafter referred to as "Owner"
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 87-13 known as the
Orangetree PUD Ordinance, hereinafter referred to as the Orangetree PUD; and
WHEREAS, owner represents and warrants it is the record fee title owner of the lands described
in Davidson Engineering Plan set # 01-0049, said legal description attached hereto as Exhibit
"A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has recently reviewed the application
for a surface water management permit for Valencia Lakes Phase 5-A SFWMD Application No.
030523-1; and is approved said application, dated July 3rd, 2003; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because the
equipment is already mobilized adjacent to the project; and
WHEREAS, Owners represents and warrant 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 these recitals, 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 -
SECTION 2 - IMPROVEMENTS
A. Owner shall be permitted to perform site preparation and construction activities subject to
the conditions, limitations and restriction contained in Section 3 through 7 below, as
follows:
Weare proposing to clear the site. Weare also proposing to start the utility, storm water,
drainage, roadway construction, lighting, landscaping and parking infrastructure. We
wish to start this construction at the time of PPL approval and prior to the plat being
recorded.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Valencia Lakes Phase 5-A consisting of 13 sheets, prepared by Davidson Engineering
Plan set #01-0049, dated February 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 Valencia Lakes Phase 5-A consisting of 4 sheets prepared by Rhodes
& Rhodes .
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. Valencia Lakes Phase 5-A, PPL-4205, prepared by Davidson Engineering, Inc.,
file number 01-0049, plat prepared by Rhodes and Rhodes, currently under the
fifth review;
2. Valencia Lakes Phase 5-A, Florida Department of Environmental Protection
Water and Wastewater Construction Applications, currently under review by
Collier County.
3. Valencia Lakes Phase 5-A, South Florida Water Management District ERP
Modification, application number 030523-1, permit number 11-00418-S,
approved.
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work permits shall be conditioned upon the following:
A. 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.
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.
1. Valencia Lakes Phase 5-A, Florida Department of Environmental Protection
Water and Wastewater Construction Applications, currently under review by
Collier County.
- 2 -
2. Valencia Lakes Phase 5-A, South Florida Water Management District ERP
Modification, application number 030523-1, permit number 11-00418-S,
approved.
SECTION 4 - APPROV ALS
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 Valencia Lakes Phase 5-A until the Valencia Lakes Phase 5-A 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
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.
w~~~
~
/../~OA' ~¡/e/(/S
PRINTED NAME
~~tl¿
LíJJ4,r,( J ¡~t{}L-
PRINTED NAME
OWNER:
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PRELIMINARY WORK AUTHORIZATION WAS ACKNOWLEDGED
BEFORE ME THIS 3rd DAY OF September, 2004, BY ROBERTO BOLLT TRUSTEE WHO
IS PERSON L Y KNOWN TO ME.
F FLORIDA
",,,~~~'r""... KIMBERLY P. RETALLlCK
~:'1"¿' ~;% MY COMMISSION # DO 212271
~:.~.~i EXPIRES'.m 4B..2(~
'.l,;i';;.:,t$" Bonded Thru N70tDÞA.iJJ9 riters
"ljrui"\ ~
~(b§'LL ~ ~~UJ C;L
Kimberly Retallick
ATTES''f~''''''",
DYk~.~~~OCK,CLERK
~'.' '. Ii'.
: ~" ,,,",,, ". (D.
. ,"". I ¡' ) c..~
. -
s
c'" . ~~... jl ðftn and legal
sitfifß.iMìcy: .
'~i:~
'~ð .~. -
IE !FiR BELPEfuo
ASSISTANT COUNTY ATTORNEY
-4-
EXHIBIT "A"
PROPERTY DESCRIPTION
VALENCIA LAKES PHASE 5-A
A PORTION OF SECTIONS 22, 23, 26 & 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 8, BLOCK "C", VALENCIA LAKES - PHASE 3-
A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37 AT PAGES 93
THROUGH 97 (INCLUSNE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 01°50'49" WEST, A DISTANCE OF 57.31 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY LINE OF RANDALL BOULEVARD (A 100' RIGHT-OF-WAY);
THENCE NORTH 88°09'11" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 1,920.97 FEET; THENCE NORTH 01°51'42" EAST, A DISTANCE OF 671.19 FEET;
THENCE SOUTH 88°08'18" EAST, A DISTANCE OF 180.00 FEET; THENCE SOUTH 01°51'42"
WEST, A DISTANCE OF 10.54 FEET; THENCE SOUTH 88°08'18" EAST, A DISTANCE OF 140.00
FEET; THENCE SOUTH 01°51'42" WEST, A DISTANCE OF 151.14 FEET TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY, 204.20 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 130.00 FEET, THROUGH A
CENTRAL ANGLE OF 90°00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 43°08'18" EAST, 183.85 FEET TO A NON-TANGENTIAL LINE; THENCE SOUTH
88°08'40" EAST, A DISTANCE OF 602.69 FEET TO A POINT ON A NON-TANGENTIAL CURVE;
THENCE EASTERLY, 195.82 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 304.76 FEET, THROUGH A CENTRAL ANGLE OF
36°48'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 73°26'24" EAST,
192.47 FEET TO A NON-TANGENTIAL LINE; THENCE SOUTH 66°46'29" EAST, A DISTANCE
OF 155.36 FEET; THENCE SOUTH 38°33'35" EAST, A DISTANCE OF 60.34 FEET; THENCE
SOUTH 14°02'50" EAST, A DISTANCE OF 135.16 FEET; THENCE NORTH 77°54'31" EAST, A
DISTANCE OF 40.70 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE
EASTERLY, 458.40 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 995.00 FEET, THROUGH A CENTRAL ANGLE OF
26°23'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 67°32'06" EAST,
454.36 FEET TO THE POINT OF BEGINNING.
CONTAINING 710,246 SQUARE FEET OR 16.305 ACRES, MORE OR LESS.