Mediterra Ph 3 East, Unit 2
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engine~J
DATE: May 20,2005
RE: Mediterra Phase Three East, Unit Two
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Mediterra
Phase Three East, 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
....-.'----
PRELIMINARY WORK AUTHORIZATION
Mediterra Phase Three East - Unit Two
THIS AGREEMENT made and entered into this 7. ð í t-\ day of UAA-f '
2005, by and between the Board of County Commissioners of Collier County Florida, eremafter
referred to as "County," and Long Bay Partners, LLC, a Florida Limited Liability Company,
hereinafter referred to as the "Owner."
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 2001-61, Resolution
No. 2004-11 known as Mediterra Planned Unit Development, hereinafter referred to as the PUD;
and
WHEREAS, the Owner represents and warrants it is the record fee title owner of
Mediterra Phase Three East -Unit Two, 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 Mediterra Phase Three East - Unit Two
improvement plans is paramount with the on-going construction and development of the
approved Mediterra PUD; 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 will be met prior to approval of a
final subdivision plat, or final site development plan or building permit as appropriate; and
\ <J .0 L. OY-
WHEREAS, Section J .:.1.3.6- 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:
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.
2/112005- 147569 Ver: 01!- RPiacent
CA..3
02934-051-009- ECOR- 29118
PPL-2005-AR-7196 REV: 1
Project: 2005020026
Date: 2/17/05 DUE: 3/3/05
Page 1 of5
SECTION 2
IMPROVEMENTS
A. Owner shall be permitted to perform the following 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 within right-of-way, Collier County utility, public utility,
drainage and lake maintenance easements as shown on Mediterra Phase Three
East - Unit Two Final Subdivision Plans, WilsonMiller, Inc., Drawing File No.
D-2934-196, Sheet No.'s 1 through 17, dated January 2005.
2. Clearing and Grubbing within residential areas, as outlined within Mediterra PUD
Section 2.12, as shown on Mediterra Phase Three East - Unit Two Final
Subdivision Plans, WilsonMiller, Inc., Drawing File No. D-2934-196, Sheet No.'s
1 through 17, dated January 2005.
3. Construction of paving and drainage infrastructure within street rights-of-way and
in those areas which will serve future residential areas, to include but not limited
to subgrade, base, asphalt, curbing, storm pipe, headwalls, inlets, and sidewalks,
as shown on Mediterra Phase Three East - Unit Two Final Subdivision Plans,
WilsonMiller, Inc., Drawing File No. D-2934-196, Sheet No.'s 1 through 17,
dated January 2005.
4. Construction of infrastructure to include water, wastewater and irrigation
facilities, as shown on Mediterra Phase Three East - Unit Two Final Subdivision
Plans, WilsonMiller, Inc., Drawing File No. D-2934-196, Sheet No.'s 1 through
17, dated January 2005.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Mediterra Phase Three East - Unit Two, WilsonMiller, Inc., Drawing File No. D-2934-
196, Sheet No.'s 1 through 17, dated January 2005., hereinafter collectively referred to as
the "Preliminary Work." The legal description of the boundaries of the Preliminary Work
is shown on the proposed plat for Mediterra Phase Three East - Unit Two prepared by
John P. Maloney, P.S.M., ofWilsonMiller, 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. Mediterra Phase Three East - Unit Two Final Subdivision Plans, WilsonMiller,
Inc., Drawing File No. D-2934-196, Sheet No.'s 1 through 17, dated January
2005.
2. Final plat for Mediterra Phase Three East - Unit Two, prepared by John P.
Maloney, P.S.M., ofWilsonMiller, Inc.
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Page 2 of5
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
APPRO V 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
that no building permit will be issued for habitable structures within Mediterra Phase Three East
- Unit Two until the 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 ~\-: . \ 0 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
2/112005-147569 Ver: 01!- RPiacent
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029:!4-051-oo9- ECOR- 29118
Page 3 of5
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.
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
wri tten.
Signed, Sealed and Delivered
in the presence of:
LONG BAY PARTNERS, LLC
A Florida limited Liab' i Company
~
Gina Jordan
Printed or typed name
ATTEST: ,.'.,
. <~':I' (;9.1,7..)""",.
DWIGH~:~gÖë~·~RI<.
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ··~W.C+
Fred W. Coyle, Chainnan
STATE OF FLORIDA
)
)
)
§§
COUNTY OF COLLIER
2/1/2005- 147569 Ver: 01!· RPiacent
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02934-051-009- ECOR- 29118
Page 4 of5
THE FOREGOING INSTRUMENT was acknowledged before me this ( day of
~ê1-' 2005, by, John M. Gleeson, as Vice President of Bonita Bay Properties, Inc., The
Managing Member of Long Bay Partners, LLC, a Florida Limited Liability Company. He is personally
known to m,e or who has produced
WITNESS my hand and official seal this 7
, as identification.
day of J.~MI-r-' 2005.
~~,\.I~ ~"" MICHAELE
/4:'<A.¡\··~~' A. JONES
~*: :'1 MY COMMISSION # DD 118602
>~'.. ...~¡ EXPIRES: September 17, 2006
'1.~.~r:.i\-~·· Bonded Thru Notary Public Underwriters
Print or Type Notary Name
My Commission Expires: q / /7/ó2-CD(o
211/2005- 147569 Ver: 01!- RPiacent
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02934-051-009- ECOR- 29118
Page 5 of5
Lt.GAL Ut.;:)CHII-' I I UN
BEGiNNiNG AT THE SOUTHWEST Cor,HΠOF TRACT '0", ACCORDiNG TO THE PLAT OF MEDITERRA PHASE
THREE EAST, UNiT ONE, PLt,T BOOK 40, PAGES 59 THROUGH 65. OF THE PUBliC RECORDS OF COLLIER
COUNTY, FLORiDA;
THENCE ALONG THE BOUNDARY OF SAiD TRACT 'D" iN THE FOLLOWiNG THiRTY (30) DESCRiBED COURSES;
1. NORTH 01'19'44" WEST 75.25 FEET;
2. NORTH 21'49'56" EAST 70.50 FEET;
:<: NORTH 17'18'4,3" EAST 177.81 FTET;
4, 66.55 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTH HAVING A
RADiUS OF 250,00 FEET THROUGH Ie" CENTRAL M)GL[ OF 15'15'10" AND BEING SUBTENDED BY A
CHORD ViHiCH BE,4RS 8S"42'03" Eft,ST 66, '56 FEET;
S, NORTH 88·4(f22~> EAST 62.64 FEE:;
6. 11 (L90 FECi ALONe THE ARC OF A C!¡;;CULAFi' HAViNG A RADIUS OF
800J)() FEET THROUGH A or 07~56'34-" AND BEiNG SU8TENDED BY ¡;
CHor.m Wi+CH 8EúRS Horn,., 6,<r42'OS' EAST 1 C 8 "or FŒVE.RSE CURVATURE;
7 491.73 FEET ALONG ;\.R-C OF A C¡RCULAH Cl3RV[ C{)NC;~VE HAV¡NGA RADIUS OF
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