Treviso Bay
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer_~\~-\
DATE: June 8, 2005
RE: Treviso Bay
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Treviso Bay.
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
ORIGINAL
.)0--.16
THIS AGREEMENT made and entered into this ,::;,7 Ji day of May, 2005, by and between
the Board of County Commissioners of Collier County, Florida hereinafter referred to as
"County", and Treviso Bay Development, LLC, a Delaware limited liability company, VK
Holdings Treviso Bay Golf Course, LLC, a Florida limited liability company, and VK Holdings
Treviso Bay Commercial, LLC, a Florida limited liability company (Treviso Bay Development,
LLC, VK Holdings Treviso Bay Golf Course, LLC, and VK Holdings Treviso Bay Commercial,
LLC shall hereinafter be collectively referred to as "Owner".)
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 03-51 known as the
Wentworth Estates Planned Unit Development Ordinance, hereinafter referred to as Treviso Bay;
and
WHEREAS, Owner represents and warrants it is the record fee title owner or ground
lessee of the lands described in Treviso Bay, said legal description attached hereto as Exhibit
"A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has issued an Environmental
Resource Permit SFWMD Permit No. 11-02324-P and a Water Use Permit No. 11-02274-W for
Treviso Bay; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because Owner needs to construct infrastructure improvements required for the Treviso Bay
development and the Wentworth Estates PUD requirements; and
WHEREAS, Owner represents and warrants that no construction shall occur in
environmentally sensitive area 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 a final site development plan or building permit, as
appropriate; and
WHEREAS, Section 1O.02.04A(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 for other good and valuable consideration, it is agreed to by the parties hereto as
follows:
1
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.
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:
· Site Clearing
· Grubbing
· Earthwork
· Lake Excavation for Surface Water Management System
· Perimeter Berm Construction
· Sanitary Sewer Installation
· Storm Sewer Installation
· Water Main Installation
· Road Construction
· Re-vegetation
The preliminary work detailed in this Section shall be in accordance with plans entitled
Final Subdivision Plans for Treviso Bay consisting of 55 sheets, prepared by Johnson
Engineering, Inc., dated March, 2005, hereinafter referred to as "The Preliminary Work". The
legal description of the boundaries of the preliminary work is shown on the final plat for Treviso
Bay consisting of 13 sheets prepared by Johnson Engineering, 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 ("Preliminary Work Permits"). These applications are as follows:
1. Plans and Plat Review (PPL)
2. Excavation Permit
3. Vegetation Removal and Site Filling Permit
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work permits shall be conditioned upon the following:
a. 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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b. Owner submitting to the County a copy of the early work 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 - APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to
plat approval once conditions in a. and b. in Section 3 above have been satisfied. Owner
understands and acknowledges that no building permit for habitable structures within Treviso
Bay until the Treviso Bay 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 attorney's 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
Commissioners for approval pursuant to Chapter 10 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 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 in A. 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 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.
3
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IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Witnesses:
Treviso Bay Development, LLC
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Jì<1;r1/?+7' 1<' ~n-6'~~
(Printed Name)
BY: VK Treviso Bay, LLC, Manager
BY: lL:J.. I~
Vincent Kuttemperoor, Manag r
~~
c..~""l ~ c; ~ l
(Printed Name)
Witnesses:
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.f A-/V71i'Y ¡Ii( v-rrt5l'-!,46/4.d'(
(Printed Name)
VK Holdings Treviso Bay Golf Course, LLC
~~
c..~ ~ ~ OS c;. p...ð Î
(Printed Name)
BY: ~.I~
Vincent Kuttemperoor, Manager
Witnesses:
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:s ~/VJ]4 7 ,K'v rr E~.SR OI<¥'Z.
(Printed Name)
VK Holdings Treviso Bay Commercial, LLC
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(" ,H I' I ~ c., ¡z....a 1
(Printed Name) .
BY: V~. J~
Vincent Kuttemperoor, Manager
ATTEST: g&~~~E",BROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~W.~
FRED W. COYLE, CHAI
4
EXHIBIT "A"
PARCEL 1
DESCRIPTION OF PART OF SECTIONS 29, 30 AND 31, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 30; THENCE ALONG THE NORTH LINE OF SAID
SECTION 30, NORTH 88°23'16" EAST, 2491.52 FEET; THENCE CONTINUE ALONG THE NORTH LINE OF SAID
SECTION 30 NORTH 88°13'29" EAST 1636.98 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY OF TAMIAMI
TRAIL (US 41) (200' RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY SOUTH 39°03'42" EAST 2333.04
FEET; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 38°17'43" WEST 581,30 FEET; THENCE NORTH 89°34'42"
WEST 348.55 FEET; THENCE SOUTH 02°48'31" WEST 308.99 FEET; THENCE SOUTH 88°28'28" WEST 30.00 FEET
TO THE EAST QUARTER CORNER OF SAID SECTION 30; THENCE ALONG THE NORTH LINE OF THOSE LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK (OR BOOK) 105, PAGES 595-597 AND OR BOOK 105, PAGES 592-594,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SOUTH 87°14'44" WEST 683.13 FEET; THENCE ALONG THE
WEST LINE OF SAID LAND DESCRIBED IN OR BOOK 105, PAGES 592-594 SOUTH 00°20'37" WEST 672.63 FEET;
THENCE ALONG THE SOUTH LINE OF SAID LANDS NORTH 87°26'41" EAST 654.42 FEET TO THE WEST LINE OF
MYRTLE COVE ACRES UNIT NO.1 AS RECORDED IN PLAT BOOK 3, PAGE 38, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID UNIT NO.1 SOUTH 02°45'35" WEST 1919.99 FEET
TO THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID SECTION 31,
SOUTH 02°45'30" WEST 2335.35 FEET; THENCE SOUTH 83°30'57" WEST 1549.05 FEET; THENCE NORTH 56°10'37"
WEST 816.27 FEET; THENCE NORTH 89°29'19" WEST 558.68 FEET; THENCE NORTH 01°35'00" EAST 1675.69
FEET; THENCE NORTH 89°27'15" WEST 508.31 FEET; THENCE SOUTH 70°33'22" WEST 1109.51 FEET; THENCE
DUE WEST 357.35 FEET TO THE WEST LINE OF SAID SECTION 31; THENCE ALONG THE WEST LINE OF SAID
SECTION 31, NORTH 00°19'55" EAST 412.36 FEET TO THE NORTHWEST CORNER OF SAID SECTION 31; THENCE
ALONG THE WEST LINE OF SAID SECTION 30, NORTH 00°20'37" EAST 2685.56 FEET TO THE WEST QUARTER
CORNER OF SAID SECTION 30; THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 30, NORTH
00°22'18" EAST 2687.69 FEET TO THE SAID POINT OF BEGINNING;
LESS AND EXCEPTING THAT 5.35 ACRE PARCEL OF LAND DESCRIBED IN OR BOOK 192, PAGE 514, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 730.962 ACRES, MORE OR LESS.
ALSO INCLUDING THE FOLLOWING:
PARCEL 2
DESCRIPTION OF PART OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE ALONG THE WEST LINE OF SAID
SECTION 32, NORTH 02°48'47" EAST, 2394.57 FEET; THENCE LEAVING SAID WEST LINE NORTH 59°56'01" EAST
2041.35 FEET TO THE BOUNDARY OF THE PLAT OF TRAIL ACRES UNIT 2, PLAT BOOK 4, PAGE 62, COLLIER
COUNTY, FLORIDA; THENCE ALONG SAID PLAT BOUNDARY SOUTH 39°03'07" EAST 1309.16 FEET; THENCE
CONTINUE ALONG SAID PLAT BOUNDARY NORTH 50°55'09" EAST 762.41 FEET; THENCE LEAVING SAID PLAT
BOUNDARY SOUTH 39°04'51" EAST 430.46 FEET; THENCE NORTH 50°58'21" EAST 199.96 FEET TO THE
. BOUNDARY OF THE PLAT OF TRAIL ACRES UNIT 3, PLAT BOOK 3, PAGE 94, COLLIER COUNTY, FLORIDA;
THENCE ALONG SAID PLAT BOUNDARY SOUTH 39°01'39" EAST 962.19 FEET; THENCE CONTINUE ALONG SAID
PLAT BOUNDARY SOUTH 87°34'19" EAST 1003.95 FEET TO THE EAST LINE OF SAID SECTION 32; THENCE
LEAVING SAID PLAT BOUNDARY AND ALONG SAID EAST LINE, SOUTH 02°32'54" WEST 1912.12 FEET TO THE
SOUTHEAST CORNER OF SAID SECTION 32; THENCE ALONG THE SOUTH LINE OF SAID SECTION 32, NORTH
89°40'29" WEST 2625.95 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE CONTINUE
ALONG THE SOUTH LINE OF SAID SECTION 32, NORTH 89°40'08" WEST 2625.60 FEET TO THE SAID POINT OF
BEGINNING;
CONTAINING 313.76 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, BEARINGS ARE BASED ON THE SOUTH LINE OF
SAID SECTION 31 BEING NORTH 89°41'53" WEST.