Valencia Lakes Phase 7-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 7-A
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Valencia
Lakes Phase 7 -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"
RECIT ALS:
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 7-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 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.
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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 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 7-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 7-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 7-A, PPL-5749, prepared by Davidson Engineering, Inc.,
file number 01-0049, plat prepared by Rhodes and Rhodes, currently under the
fourth review;
2. Valencia Lakes Phase 7-A, Florida Department of Environmental Protection
Water and Wastewater Construction Applications, currently under review by
Collier County.
3. Valencia Lakes Phase 7-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 7-A, Florida Department of Environmental Protection
Water and Wastewater Construction Applications, currently under review by
Collier County.
- 2 -
2. Valencia Lakes Phase 7-A, South Florida Water Management District ERP
Modification, application number 030523-1, permit number 11-00418-S,
approved.
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 Valencia Lakes Phase 7-A until the Valencia Lakes Phase 7-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.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
THE FOREGOING PRELIMINARY WORK AUTHORIZATION WAS ACKNOWLEDGED
BEFORE ME THIS 3rd DAY OF September, 2004, BY ROBERTO BOLLT TRUSTEE WHO
ISP~~OME.
NOTARY PUBLIC-STATE OF FLORIDA
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EXHIBIT" A"
LEGAL DESCRIPTION
VALENCIA LAKES 7-A
A PORTION OF SECTIONS 22 AND 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 13, BLOCK "F", VALENCIA LAKES, PHASE 2-
A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37 AT PAGES 10
THROUGH 12 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE RUN THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE
WESTERLY BOUNDARY OF SAID PLAT OF VALENCIA LAKES, PHASE 2-A; COURSE NO.1:
NORTH 06°09'10" WEST, 93.17 FEET TO A POINT OF CURVATURE; COURSE NO.2:
NORTHERLY, 354.90 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
WESTERLY, HAVING A RADIUS OF 920.00 FEET, THROUGH A CENTRAL ANGLE OF
22°06'09" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 17°12'14" WEST,
352.71 FEET TO A POINT OF REVERSE CURVATURE; COURSE NO. 3: NORTHERLY, 616.89
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A
RADIUS OF 1,164.00 FEET, THROUGH A CENTRAL ANGLE OF 30°21'56" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 13°04'21" WEST, 609.70 FEET TO A NON-
TANGENTIAL LINE; THENCE LEAVING THE WESTERLY BOUNDARY OF SAID PLAT OF
VALENCIA LAKES, PHASE 2-A, SOUTH 86°10'41" WEST, 385.81 FEET TO A POINT ON A
NON-TANGENTIAL CURVE, THE SAME BEING A POINT ON THE EASTERLY RIGHT-OF-
WAY LINE OF IMMOKALEE ROAD (STATE ROAD S-846), ACCORDING TO RIGHT-OF-WAY
TAKE "PARCEL 178A" PER SKETCH AND DESCRIPTION BY WILKISON & ASSOCIATES,
INC., DATED OCTOBER 31, 2001; THENCE SOUTHWESTERLY, 1,049.98 FEET ALONG SAID
EASTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 2,957.79 FEET, THROUGH A
CENTRAL ANGLE OF 20°20'22" AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 28°09'56" WEST, 1,044.48 FEET TO A NON-TANGENTIAL LINE; THENCE LEAVING
SAID IMMOKALEE ROAD, SOUTH 01°51'42" WEST, A DISTANCE OF 282.43 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 POINT OF TANGENCY; THENCE SOUTH 88°08'40"
EAST, 620.69 FEET, TO A POINT OF CURVATURE; 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°48'50" AND BEING SUBTENDED BY A CHORD
WHICH BEARS NORTH 73°26'24" EAST, A DISTANCE OF 192.46 FEET TO A NON-
TANGENTIAL CURVE AND THE SOUTHWESTERLY CORNER OF LOT 8, BLOCK "B",
VALENCIA LAKES - PHASE 3-A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 37, PAGES 93 THROUGH 97 (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID
COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING THREE (3) COURSES AND
DISTANCES ALONG THE WESTERLY LINE OF SAID BLOCK "B"; COURSE NO.1:
NORTHERLY, 14.34 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
WESTERLY, HAVING A RADIUS OF 10.00 FEET, THROUGH A CENTRAL ANGLE OF
82°10'21" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 13°56'49" EAST,
13.14 FEET TO A POINT OF REVERSE CURVATURE; COURSE NO.2: NORTHERLY, 220.54
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A
RADIUS OF 602.10 FEET, THROUGH A CENTRAL ANGLE OF 20°59'12" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 16°38'46" WEST, 219.31 FEET TO A POINT
OF TANGENCY; COURSE NO.3: NORTH 06°09'10" WEST, 260.78 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,253,988 SQUARE FEET OR 28.79 ACRES, MORE OR LESS.