Charlee Estates Phase Two
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer J~I~ \
DATE: September 23,2004
RE: Charlee Estates Phase Two
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Charlee
Estates Phase Two. 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
09/23/04 08:39 FAX 2394349320
JOHNSON ENGINEER
~
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this 171Å day of September 2004 ,by and
between the Board of County Commissioners of Collier County. Florida hereinafter
referred to as "County" and Habitat for Humanity of CoUier County. hereinafter referred
to as "owner".
RECITALS;
WHEREAS, the County has adopted Collier County Ordinance No.03-05 known as
the CharIee Estates PUD Ordinance, hereinafter referred to as Charlee Estates Phase
Two; and
WHEREAS, owner represents and warrants it is the record fee title owner of the lands
described in Charlee Estates Phase Two, said legal description attached hereto as Exhibit
"A" and incOIporated herein by referenced; and
WHEREAS, the South Florida Water Management District has issued a surlace water
management permit for CharIee Estates Phase II. SFWMD Pennit No. 11-021 15- P.
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
Because Habitat buílds low income housing; and needs buildable lots inunedíately.
WHEREAS, Owner represents and warrants that no construction shall Occur in
environmentally sensitive areas unless the necessary pennits and approvals for the
construction have been obtained by the Owner; and
WHEREAS, Owner acknowledges that all requirements of ColIief 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 dcvelopment 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
folJows:
SECTION I-ACKNOWLEDGMENT
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.
I ~f 4-
09/23/04 08:40 FAX 2394349320
JOHNSON ENGINEER
~
SECTION 2-IMPROVEMENTS
A. Owner shall be pennitted to perform site preparation and construction activities
subject to the conditions, límitations and restrictions contained in Seetion 3
through 7 below, as follows:
· Site Clearing
· Grubbing
· Earthwork
· Berm Construction
· Sanitary Sewer Installation
· Stonn Sewer Installation
· Water Main Installation
· Road Construction
The prelíminary work detailed in this Section shall be in accordance with plans entitled
Subdivision construction plans Charlee Estates Phase II consisting of 14 sheets prepared
By Johnson Engineering, Inc.
B. Prior to any work being undertaken, owner shall submit to the County complete
pennit packages and applicable review and inspection fees for the necessary
pennits for the Preli.núnary Work ("Preliminary Work Permits"). These
applications are as foHows;
· Lake Excavation (#59.858-1)
· Vegetation Removal
SECTION 3-PERMITS REOUlRED
Issuance of the Preliminary Work permits shall be conditioned upon the follówing:
a. County staff finding that the applications for Preliminary Work Pennits are
completed and satisfactory and are ready for scheduling to the Board of County
Commissioners for fmal plat approval.
SECTION 4-APPROV ALS
County wi11 issue the Preliminary Work Permits to permit the Preliminary work prior to
plat approval onCe condition a. in Section 3 above has been satisfied. Owner understands
and acknowledges that no building pennit for habitable structures within Charlee Estates
Phase Two shall be issued until the plat is approved and recorded.
2- a{Y-
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09/.23/04 08: 40 FAX 2:}~ì4J49;J2ü
JOm~SON ENGINEER
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SECTION 5-INDÐtIN"IFICATION
..
Owner agrees to indelr.nUy and hold County harmless against any and all1iability, 105s,
damage or expense from claims or causes oÎ action including attorney' 5 fees and court
costs, resulting froID, arising out of, and in connection with Owner's negligence and/or
willful misconduct í."1 the cons+.rucrion of the Preliminary Wode under the Preliminarj
Work Pewits or any challenge by any person or party objecting to the legalit'j or validit"J
of this Agreement.
SECTION 6-RESTRICTIONS
This agreement shall be binding upon the parties and is not transferable.
SECTION Î-LIMITA TIONS
This agreement shall expire thirt'j (30) days from the date of the issuance of the
preliminary Work pem:IÌts if the project's final plat is not submÍtted to the Board of
County Commissioners for approval pursuant to Division 3.2 af 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 Commíssionexs wÌthin
this authorization period. No work is authorized W1der this Ag..recment prior to satisfying
condition â. ill Section 3 of this Agreement. Any attempt to commence work prior to
issuance of requisite pennits shall render all provisions ofth1s Agreement null and void.
By entering into this Agreement the County does not guarantee and Owner cau 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 requITed to comply with all of the provisions
and procedures at" the Laud Development Code before the final plat can be submitted to
the Board for consideration.
SIGNATURES TO FOLLOW
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09/16/04 11: 31 f.~.X_2394349320
JOHNSON ENGINEER
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IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
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('\ The r,oregoing instrument was ackI).owle~ged before me this
of ~~~v\¡~~\ ,2004 by \'X , ')<.......~v~ D<...dSO
~sonally known to me or who has produced
as identification and who ,did (did not) ~ake an oath.
STATE OF FLORIDA
COUNTY OF ('(1\\ \..(1 ('
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John F. Stanley, Esquire
Vega, Brown, Stanley & Burke,
2660 Airport Road South
Naples, Florida 34112
Prepared By: John F. Stanley,
Parcel ID Number: 00738040002
Grantee #1 TIN:
Grantee #2 TIN:
P.A.
RECORD AND RETURN TO
LAUREN BARTLEY
Vega, Brown, Stanley & Burke, P.A.
2660 Airport Road South
Naples, Florida 34112-4899
*** 3120542 OR: 3208 PG: 3298 ***
DCORDID in OlPlCIAL RlCORDS of COLLIU COUR'fY, PL
01/31/2003 at 09:57A11 DIiIGHT B. BlOCI, CLlII
CONS 115000.00
KIC PBB 6.00
DOC-.70 1225.00
letn:
VlGA STARLit IT AJ.
FIeI UP
Esquire
Warranty Deed
This Indenture, Made thid tf1-+\
Stephen Agoston, Trustee
day of
"Jãnu.Qt\f
, 2003 A.D..
Between
of the County of Cuyahoga
Habitat for Humanity of Collier County,
under the laws of the State of Flòrïda
whose address is: 11550 Tamiami Trail East, Naples, FL
State of Ohio , grantor,
Inc., a corporation existing
and
34113
of the County of Collier
State of Florida
, grantee.
Witnesseth that the GRANTOR, for and in consideration of the sum of
------------------------TEN DOLLARS ($10)----------------------- DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by. GRANTEE. the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, sucàss?rs and assigns forever, the following described land, situate.
lying and being in the County of Collier State of Florida to wit:
Beginning at the intersection of the South Line of Section 12,
Township 51 South, Range 26 East, Collier County, Florida with the
Southwesterly right-of-way line of State Road #90 (U.S. Route 41,
Tamiami Trail), run N. 54°21'W along said right-of-way line for 1,000
feet; thence S. 35°39'W for 719.90 feet to the South line of Section
12; thence N. 89°54'E along said South line for 1,232.18 feet to the
point of beginning, continuing 8.27 acres, more or less.
This is vacant unimproved property and is not the homestead of the
Grantor nor contiguous to the Homestead of the Grantor.
and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever.
In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written.
Signed, sealed and delivered in our presence: ~ Q
ti£.~~¿ç;.rf'n· (S~l)
W:Ltness
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Pr:Lnted Name: r>cð,.o/", S J<?,;-V/>-<.
Witness
STATE OF ¿J$ZJ .
COUNTY OF //!et/Í/7/0
The foregoing instrument was acknowledged before me this ~ ,,¿¡ day of J7il1tl/l-lf¿ý
Stephen Agoston, as Trustee and individually
, 2003 by
\
DEUNDA CLARK
Notary Public
In and fOr the State of Ohio
My CommIssion Expires
May 21, 2003
as identification.
he is personally known to me or he has produced his ~~
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AGOSTON
Laser Genu.ted by 0 Display Systems, Inc" 2000 (863) 163-5555 Form FLWD¥