Heritage Bay Commons
RECEIVED
DEL!.:3 2004
COMMUNITY DEVELOPMENT & ROM'd of Count v Commissioners
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior EngineeA,\.1
DATE: December 22,2004
RE: Heritage Bay Commons
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Heritage
Bay Commons. 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
Heritage Bay Commons
THIS AGREEMENT made and entered into this day of
2004, by and between the Board of County Commissioners of Collier County Florida, hereinafter
referred to as "County," and Bayvest L.L.C., hereinafter referred to as the "Owner."
RECITALS:
WHEREAS, the Owner represents and warrants it is the record fee title owner of Heritage
Bay Commons, attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because maintaining construction schedule for Heritage Bay Commons improvement plans is
paramount for the development of the approved Heritage Bay Commons PPL; 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 10.02.04 A (4F) 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
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.
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SECTION 2
IMPROVEMENTS
A. Owner shall be permitted to perform the site preparation and construction actIvItIes
subject to the conditions, limitations, and restrictions contained in Sections 3 through 7
below, as follows:
1. Clearing and Grubbing with Right-of-Way and utility, drainage and maintenance
easements as shown on Heritage Bay Commons, WilsonMiller, Inc., Drawing File
No. D-0442-110, sheet number 2 of 19, revised November 2004.
2. Lake excavation as shown on Heritage Bay Commons, WilsonMiller, Inc.
Drawing File No. D-0442-11 0 revised November 2004.
3. Construction of paving and drainage infrastructure within street rights-of-way and
in those areas which will serve future commercial areas, to include but not be
limited to subgrade, base, asphalt, curbing, storm pipe, headwalls, inlets, and
sidewalks.
4. Construction of infrastructure to include water and sewer irrigation mains.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Heritage Bay Commons Plan consisting of 19 sheets, prepared by WilsonMiller, Inc.,
revised November 2004, hereinafter collectively referred to as the "Preliminary Work."
The legal description of the boundaries of the Preliminary Work is shown on the
preliminary plat for Heritage Bay Commons consisting of 9 sheets prepared by Stephen P.
Erek, P.S.M., of Wilson Miller, Inc.
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. Heritage Bay Commons, Final Subdivision Plans, WilsonMiller, Inc., Drawing
File No: D-0442-110, sheet numbers 1 through 19, revised November 2004.
2. Final plat for Heritage Bay Commons, prepared by Stephen P. Erek, P.S.M., of
WilsonMiller, Inc.
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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.
SECTION 4
APPROV ALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat
approval once conditions (a) through (b) in Section 3 above have been satisfied. Owner
understands that no building permit will be issued for habitable structures within Heritage Bay
Commons until Heritage Bay Commons 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 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 Commissioner's
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) through (b) in Section 3 of
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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.
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
BA YVEST, L.L.C.
A FLORIDA LIMITED LIABILITY COMPANY
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TY COMMISSIONERS
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STATE OF FLORIDA
COUNTY OF COLLIER
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THE FOREGOING INSTRUMENT was acknowledged before me this ~ day of
)\ i tp N)')hJ>).....
, 2004, by, Russell Smith., as Senior Vice President of US Home who is personally
known to me or who has produced
WITNESS my hand and official seal this a;).
(Notary Seal)
12/14/2004· 35691 Ver: 01!· GRIPO
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!.~, .; My Commission 00027246
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, as identification.
day of Ût.u(nhJJ... ,2004.
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WilS;nMiller®
New Directions In Planning, Design & Engineering
LEGAL DESCRIPTION
Portions of Sections 14 and 23
Township 48 South, Range 26 East,
Collier County, Florida
A parcel of land being a portion of Sections 14 and 23, Township 48 South, Range 26 East,
Collier County, Florida, being more particularly described as follows:
COMMENCING at the Southwest corner of Section 23, thence N.00050'35"W. along the West
line of Section 23, a distance of 1 00.00 feet to the POINT OF BEGINNING; thence, continuing
along the West line of Section 23, N.00050'35"W., a distance of 2,569.34 feet; thence
N.00050'56"W., a distance of 2,668.82 feet to the Northwest corner of Section 23 and the
Southwest corner of Section 14; thence N.00049'48"W. along the West line of Section 14, a
distance of 2,672.30 feet; thence, leaving said West line of Section 14, N.53°42'39"E., a
distance of 24.91 feet; thence N.6r51'43"E., a distance of 21.12 feet; thence S.78°34'OO"E., a
distance of 25.00 feet; thence S.53°49'33"E., a distance of 44.59 feet; thence S.00049'48"E., a
distance of 2,662.26 feet; thence S.00050'56"E., a distance of 2660.08 feet; thence
N.89°20'02"E., a distance of 162.83 feet; thence S.00039'58"E., a distance of 80.00 feet to a
point on a curve; thence along the arc of a non tangent curve concave to the North, having for
its elements a radius of 650.00 feet, a central angle of Or14'50", a chord of 82.16 feet, a chord
bearing of N.85°20'51 "E., an arc distance of 82.22 feet; thence N.81°43'26"E., a distance of
107.89 feet; thence N.89°20'02"E., a distance of 1851.51 feet; thence 8.82°37'59"E., a distance
of 1 07.97 feet; thence S.15°33'57"E., a distance of 53.93 feet; thence S.4r37'59"W., a
distance of 50.78 feet; thence S.24°39'05"W., a distance of 43.81 feet; thence S.2r46'40"W.,
a distance of 44.86 feet; thence S.36°55'08"E., a distance of 26.16 feet; thence S.48°26'28"E.,
a distance of 77.89 feet; thence 8.01°24'05"W., a distance of 42.24 feet; thence
8.23°26'54"W., a distance of 29.53 feet; thence S.02°34'15"E., a distance of 68.59 feet; thence
S.7r07'12"W., a distance of 78.83 feet; thence S.8r12'19"W., a distance of 13.62 feet;
thence S,00043'28"W., a distance of 516.79 feet; thence S.81°39'32"W., a distance of 226.39
feet; thence S.Or40'28"E., a distance of 559.75 feet; thence N.89°19'41"E., a distance of
201.14 feet to a point of curvature; thence along the arc of a non tangent curve concave to the
West, having for its elements a radius of 1,970.00 feet, a central angle of 07°05'19", a chord of
243.57 feet, a chord bearing of S.02°52'21"W., an arc distance of 243.73 feet to a point of
reverse curvature; thence along the arc of a tangent curve concave to the East, having for its
elements a radius of 830.00 feet, a central angle of 10°16'52", a chord of 148.74 feet, a chord
bearing of S.01°16'34"W., an arc distance of 148.94 feet to a point of reverse curvature; thence
along the arc of a tangent curve concave to the West, having for its elements a radius of 270.00
feet, a central angle of 32°13'36", a chord of 149.87 feet, a chord bearing of S.12°14'56"W., an
arc distance of 151.86 feet; thence S.53°37'55"E., a distance of 60.48 feet to a point on a
curve; thence along the arc of a non tangent curve concave to the East, having for its elements
a radius of 25.00 feet, a central angle of 78°55'30", a chord of 31.78 feet, a chord bearing of
S.09°38'15"E., an arc distance of 34.44 feet to a point of reverse curvature; thence along the
arc of a tangent curve concave to the Southwest, having for its elements a radius of 380.00
feet, a central angle of 19°31'03", a chord of 128.82 feet, a chord bearing of S.39°20'29"E., an
arc distance of 129.45 feet to a point of reverse curvature; thence along the arc of a tangent
curve concave to the Northeast, having for its elements a radius of 220.00 feet, a central angle
of 15°53'40", a chord of 60.84 feet, a chord bearing of S.3r31'47"E., an arc distance of 61.03
EXHIBIT
A
.
Offices strategically located to serve our clients 800.649.4336
Fort Myers Office 4571 Colonial Boulevard. Fort Myers, Florida 33912 · 239.939.1020 · Fax 239.9391479 }
wllsonm/fler.com I
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WlIsonMilJer, Inc. - FL Lie.' LC-C000170
WilsðnMiller
LEGAL DESCRIPTION
Portions of Sections 14 and 23
Township 48 South, Range 26 East,
Collier County, Florida
feet; thence S.45°28'37"E., a distance of 1 04.04 feet to a point of curvature; thence along the
arc of a tangent curve concave to the Southwest, having for its elements a radius of 330.00
feet, a central angle of 25°34'24", a chord of 146.07 feet, a chord bearing of S.32°41'25"E., an
arc distance of 147.29 feet to a point of reverse curvature; thence along the arc of a tangent
curve concave to the Northeast, having for its elements a radius of 150.00 feet, a central angle
of 13°08'54", a chord of 34.35 feet, a chord bearing of S.26°28'41 "E., an arc distance of 34.42
feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the
West, having for its elements a radius of 118.00 feet, a central angle of 28°53'50", a chord of
58.88 feet, a chord bearing of S.18°36'13"E., an arc distance of 59.51 feet; thence
N.89°58'23"W., a distance of 2,642.48 feet; to the POINT OF BEGINNING.
Containing 147.26 acres, more or less.
Subject to easements, restrictions, reservations and rights-of-way of record.
Bearings are based on the West line of the Southwest Quarter of Section 23 as being
NOo050'35"W.
See attached sketch.
Prepared by:
Erek, Professiona Surveyor & Mapper
'stration No. LS 3273
March 3. 2004
Date
Not valid without the signature and the original raised seal of a Florida licensed Surveyor and
Mapper.
P.I.N.: N0442-203-001 FLS1 B
Ref.: 0-0442-097
Date: April 27, 2004
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