Bridgewater Bay Unit TwoCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer jo>
DATE: February 8, 2002
RE:
Bridgewater Bay Unit Two
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Bridgewater
Bay Unit 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
BRIDGEWATER BAY - UNIT TWO (PROJECT NAME)
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this /tO],Z:~ day of ,,.~~,
2002, by and between the Board of County Commissioners of Collier County,'"F16rida,
hereinafter referred to as "County", and LB/P GROVEWAY~ LLC, hereinafter referred to as the
"Owner."
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 98-71 known as the
OAK GROVE - PUD Ordinance, hereinafter referred to as the PUD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of the
lands described in BRIDGEWATER BAY~ UNIT TWO PLAT a replat of Tract G,
Bridgewater Bay, Unit One as recorded in Plat Book 34, Page 87 through 93, as recorded in the
Official Record Books of Collier County, Florida; and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has approved a surface water
management permit for BRIDGEWATER BAY~ SFWMD PERMIT NO. 000207-15; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because construction of infrastructure needs to occur as soon as possible due to economic and
development schedule reasons; and
WHEREAS, Owner represents and warrants that no construction shall occur in
environmentally sensitive areas 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 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:
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SECTION 1 - 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.
SECTION 2 - IMPROVEMENTS
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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 vegetation necessary for project infrastructure.
Earthwork necessary for the installation of water and sewer lines, drainage pipes,
swales and roadbed preparation.
3. Installation of storm drainage pipes and swales.
The preliminary work detailed in this Section shall be in accordance with plans entitled
BRIDGEWATER BAY~ UNIT TWO CONSTRUCTION PLANS consisting of 12 sheets,
prepared by HOLE MONTES, INC., dated June 2001 and revised January 2002, hereinafter
referred to as "The Preliminary Work." The legal description of the boundaries of the
Preliminary Work is shown on the preliminary plat for BRIDGEWTER BAY~ UNIT TWO
consisting of 3 sheets prepared by THOMAS M. MURPHY, P.S.M., HOLE MONTES, INC.
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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:
BRIDGEWATER BAY~ UNIT TWO construction plans consisting of 12 sheets
prepared by Hole Montes, Inc.
BRIDGEWATER BAY~ UNIT TWO final plat consisting of 3 sheets prepared
by Hole Montes, Inc.
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
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County staff finding that the applications for Preliminary Work Permits are complete and
satisfactory and are ready for scheduling to the Board of County Commissioners for final
plat approval.
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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.
SECTION 4 - INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss,
damage or expenses from claims or causes of action, including attorneys fees and court costs,
resulting from, arising out of, or 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 the Agreement.
SECTION 5 - RESTRICTIONS
This Agreement shall be binding upon the parties and is not transferable.
SECTION 6 - 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 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 cannot 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.
Witness
~, ~-~W'~, &/e.. By:
Printed Name
OWNER:
LB/P GROVEWAY, LLC.
A DELAWARE LIMITED LIABILITY COMPANY
GROVEWAY DEVELOPMENT, LC, ITS
OPERATING MEMBER AND AUTHORIZED
Printed Name
ltteet ,~, I~,
:A'I"~-'E2g.T.:C'. ". ~-
. ~w~i~;,~; ~rk of the Corn
pprovea as to'fo~ ~d legal sufficiency:
Patrick G. ~e}Assist~t County Attorney
SIGNATORY
Stuart Wood, Managing Member
BOARD OF COUNTY COMMISSIONERS
OF COLLIER F, dDUNTYx'FLORIDA
James l'~oletta, ch~i~n:~n -
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STATE OF: Florida
COUNTY OF: Collier
The foregoing instrument was acknowledged before me this .:,-'/,at day of~
2002 by Stuart Wood, as Managing Member of Groveway Development, L.C., Managingv
Member of LB/P Groveway, LLC, a Delaware Limited Liability Company, who is personally
known to me or has produced as identification.
WITNESS my hand and official seal this ',~/~day of January, 2002.
Signature of Notary
Paulette Debus Charbonneau
Name of Notary typed, stamped or printed
NOTARY PUBLIC
Commission Number:
SEAL
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