Valencia Lakes Phase 7-B
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 7-8
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Valencia
Lakes Phase 7-8. 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. 87-13known 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 ofthe 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-B SFWMD Application No.
040210-13; and is approved said application, dated August 23rd, 2004; 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.
- 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 7-B consisting of 15 sheets, prepared by Davidson Engineering
Plan set #01-0049, dated November 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-B 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-B, PPL-5384, prepared by Davidson Engineering, Inc.,
file number 01-0049, plat prepared by Rhodes and Rhodes, currently under third
reVIew;
2. Valencia Lakes Phase 7-B, Florida Department of Environmental Protection
Water and Wastewater Construction Applications, currently under review by
Collier County.
3. Valencia Lakes Phase 7-B, South Florida Water Management District ERP
Modification, application number 040210-13, 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 ofthe 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-B, Florida Department of Environmental Protection
Water and Wastewater Construction Applications, currently under review by
Collier County.
- 2 -
2. Valencia Lakes Phase 7-B, South Florida Water Management District ERP
Modification, application number 040210-13, 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 7-B until the Valencia Lakes Phase 7-B 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 ofthe
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 ofthe 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.
~SSES:
L~
.1,,, /l/ L/A PAf/¿Z" /US
PRINTED NAME
OWNER:
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Laurie J. ÚJLLž
PRINTED NAME
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 PERSO L Y KNOWN TO ME
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DONNA TALA, CHAIRMAN
- 4 -
EXHIBIT" A"
VALENCIA LAKES PHASE 7-B
PROPERTY DESCRIPTION
A PORTION OF SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 55, VALENCIA LAKES, PHASE 4-A,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41 AT PAGES 32
THROUGH 36 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
THENCE NORTH 08°29'12" WEST, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 55, A
DISTANCE OF 145.95 FEET, TO THE NORTHEAST CORNER OF SAID LOT 55; THENCE
NORTH 08°21'38" EAST, A DISTANCE OF 60.00 FEET; THENCE NORTH 81 °38'22" WEST, A
DISTANCE OF 22.45 FEET, TO THE SOUTHWEST CORNER OF LOT 46, OF SAID VALENCIA
LAKES - PHASE 4-A; THENCE NORTH 25°58'36" EAST, ALONG THE SOUTHEASTERLY LINE
OF SAID LOT 46, A DISTANCE OF 147.24 FEET, TO THE SOUTHEAST CORNER OF SAID
TRACT 46, AND TO A POINT ON A NON-TANGENTIAL CURVE; THE NEXT SEVENTEEN (17)
CALLS ARE ALONG VALENCIA LAKES, PHASE 6-A, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK _ AT PAGES _ THROUGH _ (INCLUSIVE) OF THE PUBLIC
RECORDS OF COLLIER COUNTY FLORIDA, CALL NO.1: THENCE EASTERLY, 6.32 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS
OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 07°14'23" AND BEING SUBTENDED BY A
CHORD WHICH BEARS SOUTH 79°11'14" EAST, 6.31 FEET, TO A POINT OF COMPOUND
CURVATURE; CALL NO. 2:THENCE EASTERLY, 52.00 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 316.00 FEET,
THROUGH A CENTRAL ANGLE OF 09°25'41" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 87°31'16" EAST, 51.94 FEET, TO A POINT OF TANGENCY; CALL NO.
J..;,THENCE NORTH 87°45'53" EAST, A DISTANCE OF 176.78 FEET TO A POINT OF
CURVATURE; CALL NO. 4:THENCE NORTHEASTERLY, 44.03 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET,
THROUGH A CENTRAL ANGLE OF 100°55'00" AND BEING SUBTENDED BY A CHORD
WHICH BEARS NORTH 37°18'23" EAST, 38.56 FEET, TO A POINT OF TANGENCY; CALL NO.
~THENCE NORTH 13°09'07" WEST, A DISTANCE OF 153.02 FEET, TO A POINT OF
CURVATURE; CALL NO. 6:THENCE NORTHERLY, 622.15 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1,015.00 FEET,
THROUGH A CENTRAL ANGLE OF 35°07'12" AND BEING SUBTENDED BY A CHORD
WHICH BEARS NORTH 04°24'29" EAST, 612.46 FEET, TO A POINT OF REVERSE
CURVATURE; CALL NO. 7:THENCE NORTHERLY, 92.68 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 100.00 FEET, THROUGH
A CENTRAL ANGLE OF 53°06'08" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 04°34'59" WEST, 89.40 FEET, TO A POINT OF TANGENCY; CALL NO. 8:THENCE
NORTH 31°08'03" WEST, A DISTANCE OF 9.50 FEET; CALL NO. 9:THENCE NORTH 58°51'57"
EAST, A DISTANCE OF 140.00 FEET; CALL NO. 10:THENCE NORTH 72°22'34" EAST, A
DISTANCE OF 61.67 FEET, TO A POINT ON A NON-TANGENTIAL CURVE; CALL NO.
~THENCE NORTHWESTERLY, 4.90 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL
ANGLE OF 00°56'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH
30°39'57" WEST, 4.90 FEET, TO A POINT OF TANGENCY; CALL NO. 12~THENCE NORTH
31°08'03" WEST, A DISTANCE OF 140.73 FEET, TO A POINT OF CURVATURE; CALL NO.
U;.THENCE NORTHERLY, 37.64 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
EASTERLY, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 86°15'56"
AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 11 °59'55" EAST, 34.18 FEET,
TO A POINT OF TANGENCY; CALL NO. 14~THENCE NORTH 55°07'53" EAST, A DISTANCE OF
156.89 FEET; CALL NO. 15~THENCE NORTH 32°42'46" WEST, A DISTANCE OF 103.92 FEET
TO A POINT ON A NON-TANGENTIAL CURVE; CALL NO. 16~THENCE NORTHERLY, 52.69
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A
RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 23°13'14" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 20°36'27" WEST, 52.33 FEET, TO A NON-
TANGENTIAL LINE; CALL NO. 17~THENCE NORTH 79°33'04" WEST, A DISTANCE OF 157.66
FEET, TO A POINT ON A NON-TANGENTIAL CURVE; THENCE LEAVING SAID VALENCIA
LAKES PHASE 6-A LINE, NORTHERLY, 264.73 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 200.00 FEET, THROUGH A
CENTRAL ANGLE OF 75°50'26" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 17°33'32" WEST, 245.83 FEET, TO A POINT OF REVERSE CURVATURE; THENCE
NORTHWESTERLY, 78.58 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 250.00 FEET, THROUGH A CENTRAL ANGLE OF
18°00'30" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 46°28'30" WEST,
78.25 FEET, TO A POINT ON A NON-TANGENTIAL CURVE; THENCE NORTHEASTERLY,
714.92 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 190.00 FEET, THROUGH A CENTRAL ANGLE OF 215°35'17" AND
BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 62°22'32" EAST, 361.82 FEET, TO
A POINT ON A NON-TANGENTIAL CURVE; THENCE SOUTHEASTERLY, 433.16 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCA VE SOUTHWESTERLY, HAVING A
RADIUS OF 540.00 FEET, THROUGH A CENTRAL ANGLE OF 45°57'35" AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 22°42'55" EAST, 421.64 FEET, TO A POINT
OF REVERSE CURVATURE; THENCE SOUTHERLY, 45.59 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 200.00 FEET, THROUGH
A CENTRAL ANGLE OF 13°03'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 06°15'59" EAST, 45.50 FEET, TO A NON-TANGENTIAL LINE; THENCE SOUTH
24°30'49" EAST, A DISTANCE OF 81.58 FEET; THENCE SOUTH 37°51'25" EAST, A DISTANCE
OF 140.19 FEET; THENCE SOUTH 55°07'53" WEST, A DISTANCE OF 206.86 FEET TO A POINT
OF CURVATURE; THENCE SOUTHERLY, 73.87 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL
ANGLE OF 84°38'38" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH
12°48'34" WEST, 67.33 FEET, TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY,
395.34 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A
RADIUS OF 440.00 FEET, THROUGH A CENTRAL ANGLE OF 51°28'50" AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 03°46'20" EAST, 382.18 FEET, TO A POINT
OF REVERSE CURVATURE; THENCE SOUTHERLY, 413.75 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 675.00 FEET, THROUGH
A CENTRAL ANGLE OF 35°07'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 04°24'29" WEST, 407.30 FEET, TO A POINT OF TANGENCY; THENCE SOUTH
13°09'07" EAST, A DISTANCE OF 153.02 FEET TO A POINT OF CURVATURE; THENCE
SOUTHWESTERLY, 642.89 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 365.00 FEET, THROUGH A CENTRAL ANGLE OF
100°55'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 37°18'23" WEST,
562.95 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 87°45'53" WEST, A DISTANCE OF
176.78 FEET, TO A POINT OF CURVATURE; THENCE WESTERLY, 100.99 FEET ALONG THE
ARC OF A CIRCULAR CURVE, CONCA VE NORTHERLY, HAVING A RADIUS OF 656.00 FEET,
THROUGH A CENTRAL ANGLE OF 08°49'15" AND BEING SUBTENDED BY A CHORD
WHICH BEARS NORTH 87°49'29" WEST, 100.89 FEET, TO THE POINT OF BEGINNING;
CONTAINING 834,305 SQUARE FEET OR 19.15 ACRES, MORE OR LESS.