Bellagio @ Fiddler's Creek COMMUNITY DEVELOPMENT I~°a~d or
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: JOhn R. HOuldsworth, Senior EngineerJo ~._~/
DATE: October 16, 2000
RE:
Bellagio and Majorca at Fiddler's Creek
Preliminary Work Authorization
Attached please find a Preliminary Work Authorizations for
Bellagio and Majorca at Fiddler's Creek. These documents
have 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
documents and forward to the Clerk's office.
Should you have any questions, please advise.
jrh
cc: Project File
Reading File
Fiddler's Creek Parcel 5
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ~X~ day of ~xtca u x'U ,_2000,
by and between the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as "County", and GBFC Development, Ltd., hereinafter referred to as the "Owner".
WHEREAS, the County has adopted Collier County Ordinance No. 98-13 known as the
Fiddler's Creek PUD Ordinance, hereinafter referred to as the "PUD"; and
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands
described in O.R. Book 1911, Page 144 of the public records of Collier County, Florida, said
legal description attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has approved the surface
water management permit for Fiddler's Creek, SFWMD Permit No. 11-00685-S; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because in order to commence construction at the earliest possible time due to economic and
developmental time constraints; 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 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.
F:LIOB\FIDCREEK\MWM\PRELIM5 .DOC
FC5.PLT
Fiddler's Creek Parcel 5
Preliminary Work Authorization
Page 2 of 4
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 of the roadways, easements and construction areas.
2)
Earth work necessary for the installation of water and sewer lines, water
management swales and roadbed preparation.
3) Installation of the project's required improvements.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Fiddler's Creek Parcel 5 consisting of 8 sheets, prepared by Q. Grady Minor & Associates,
P.A., dated August, 2000 hereinafter referred to as the "The Preliminary Work". The legal
description of the boundaries of the Preliminary Work is shown on the final plat for Fiddler's
Creek Parcel 5 consisting of 3 sheets prepared by Q. Grady Minor & Associates, P.A.
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 (the "Preliminary Work Permits"). These applications are as follows:
1)
Construction plans for Fiddler's Creek Parcel 5 consisting of 8 sheets, prepared
Q. Grady Minor & Associates, P.A..
2)
Final plat for Fiddler's Creek Parcel 5 consisting of 3 sheets prepared by Q.
Grady Minor & Associates, P.A..
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work permits shall be conditioned upon the following:
a. County staff fmding that the applications for Preliminary Work Permits are complete and
satisfactory and am 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 permit modification
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.
F:XJOB\FIDCREEK\MWM\PRELIM5. DOC
FCS.PLT
Fiddleifs Creek Parcel 5
Preliminary Work Authorization
Page 3 of 4
SECTION 4 - APPROVAL
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 will be issued for habitable structures
within Fiddler's Creek Parcel 5 until the Fiddler's Creek Parcel 5 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 attorneys 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 transferrable.
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 final 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 of 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 the 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.
F:\JOB\FIDCREEK\MWM\PRELIM5.DOC
FCS.PLT
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
W~tness
Printed Name
Witness
Printed Name
By: GBFC Development,,~td.A /
tr
Attorney-in-fact & Not Individually
ATTEST:
Dwight E. Br0cl% CLERK
$tg~t::~edr~t,o form and legal
BOARD OF COUNTY COMMISSIONERS
OF COLLIER CO~DA
By: C x i~
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this \%T~ day of ~-4c,~ {-- 2000,
by Mark P. Strain, Attorney-in-fact for GBFC Development, Ltd. He is personally known to me
and did not take an oath.
My Commission Expires: c~l~x
.*'~-~?'~?~'; Notar public, State of Florida
[~i ~-'= My com~ expires September 1L 2001
Printed Name of Notary Public
F:UOB\FIDCREEK\MWM\PRELIM5 .DOC FC5.PLT
NO TIOE
~' PLA ~ AS RECORDED /N ITS CRAPH/C FOR/d, /S THE
7C/AL DEPICT/ON OF THE SUBDIVIDED LANDS DESCRIBED
?E/N AND Y4LL /N NO C/RCUlvfSTANCES BE SUPPLANTED
qUTHOR/TY BY ANY OTHER CRAPH/C OR DIGITAL FORk(
THE PLAT. THERE IdA Y BE ADDITIONAL RESTRICTIONS
IT ARE NOT RECORDED ON THIS PLAT THAT /dAY BE
/ND /N THE PUBLIC RECORDS OF THIS COUNTY.
THIS PLAT APPROVED BY TH~
THIS .... DAY OF ......
COUNTY
THIS PlAT APPROVED IN REOI
COUNTY COWktlSSIONERS OF
DAY OF ..............
THE PLAT IS FILES IN THE OF
COURT OF COLLIER COUNTY,
LEGAL DESCRIPTION
DY¢GHT £ BROCK
CLERK OF CIRCUIT COURT
IN AND FOR COLLIER COUNT
ATTEST:
ALL OF TRACT 5 AS SHOWN ON THE PLAT OF F/DDLER'S CREEK PHASE 2A. UNIT ONE,
RECORDED IN PLAT BOOK AT PAGES THROUCH , OF THE PUBLIC RECORDS
OF COLUER COUNTY, FLORIDA; CONTAIN/NSI$.511 ACRES , WORE OR LES2
FILIN(
t HEREBY CERTIFY THAT THIS
THAT IT COI~PLIES ~TH THE ,~
OF THE STATE OF FLORIDA.
WAS filED FOR RECORD AT_
2000, AND RECORDED IN PLA;
THROUOH ...... OF THE PU
F_X.-A
PRINTED
TITLE
SLATE OF FLORIDA
) s.~
COUNTY OF COLLIER )
/, k~ARK J. ~00DWARD, A DUl Y
CER17FY THAT t HAVE EXAI~INED
AS RECORDED /N OFFICIAL RECC
OF THE PUBLIC RECORDS OF Cd
TAXES HA VE BEEN PAID.' AND 1
AND IdORTCADES, EXCEPT THAT