Mediterra Parcel 102COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
EN6INEERIN6 REVIEW SECTION
MEMORANDUM
TO: Su~ Fi.!A,a~,. Admini$tr~i~e Ass. ist~t
FROM: ~Tohn R. Houldsworth, Senior Engineer
DATE: Februar~ 8, 2000
RE:
Preliminary Work Authorization
Attached please find a Preliminam/Work Authorization for
Mediterra Parcel 102. 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 - Parcel 102
THIS AGREEMENT made and entered into this ,/~.;:~--, day of February, 2000, by
and between the Board of County Commissioners of Collier County Florida, hereinafter referred
to as "County", and Bonita Bay Properties, Inc., a Florida Corporation, as Managing Member of
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. 99-41 known as The
Mediterra Planned Unit Development Ordinance, hereinafter referred to as the PUD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of
Mediterra, Parcel '102, 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 - Parcel 102 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 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:
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.
Page 1 of 5
SECTION 2
IMPROVEMENTS
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:
Construction of a 17 lot single family residential subdivision on 13.98 acres which
will include roadwork, storm drainage, sanitary sewer, potable water, irrigation,
earthwork, street lighting, permanent reference monuments and landscape
buffering.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Mediterra - Parcel 102, RWA, Inc., Drawing File No. 99-0128, sheet numbers 1
through 11, dated October, 1999, 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 - Parcel 102, prepared by Roger G. Clark, PSM, of RWA,
Inc.
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:
Mediterra - Parcel 102 Final Subdivision Improvement Plans, RWA. Inc.,
Drawing File No: 99-0128, sheet numbers 1 through 11, dated October, 1999.
Final plat for Mediterra - Parcel 102, prepared by Roger G. Clark, P.S.M., of
RWA, Inc.
SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
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.
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.
Page 2 of 5
SECTION 4
APPROVALS
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 - Unit
One 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 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.
Page 3 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Signed, Sealed and Delivered
in the presence of:
Printo~or/~ype~me
Si~re ~ ~ -
Gin~ Jordan
BONITA BAY PROPERTIES, INC.,
Managing Member of
rs, L~.C ~ _
Vice President
Printed or typed name
, ATTEST: -
,~, ,~:,,~ ,.~,
DwIGH~ E,? BROCK, CLERK
~"D~pUty C erk
At. test:as to Chairman's
signature
Approved as fo Term and legal sufficiency:
~ D . Weigel, Esquire
Collier County Attorney
BOAR~MMISSIONERS
OF C~,CO.y NTY,//FLORI~ e
Page 4 of 5
STATE OF FLORIDA
COUNTY OF LEE
)
) §§
THE FOREGOING INSTRUMENT was acknowledged before me this ,~ day of
February, 2000, by David H. Graham, as Vice President of Bonita Bay Properties, Inc., a
Florida Corporation, as Managing Member of Long Bay Partners, LLC. He is personally known
to me cr who hc~
WITNESS my hand and official seal this ,~ day of February, 2000.
I(IOTARY PUBLIC - STATE ~)¢:IFLORIDA
I!
MICHAELI= A. JONE~ V
Print or Type Notary Name
My Commission Expires:
EXPIRES: September17, 2~2 ~
Bonded Thru Nota~ Public Unde~riters JJ
Page 5 of 5
LEGAL DESCRIPTION
BEING PART OF SECTION 12
TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY FLORIDA.
(MEDITERRA PARCEL 102)
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST ¼ OF SECTION 12,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF THE NORTHWEST ¼ OF SAID SECTION 12, SOUTH
00°51'14" EAST 1960.78 FEET;
THENCE LEAVING THE SAID EAST LINE SOUTH 89008'46" WEST 228.00 FEET, TO THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE SOUTH 00°51'14" EAST 255.00 FEET;
THENCE SOUTH 89°08'46" WEST 41.88 FEET;
THENCE SOUTHERLY AND WESTERLY 126.60 FEET ALONG THE ARC OF A NON-
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 55.00 FEET THROUGH A CENTRAL ANGLE OF 131°52'48" AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 66°17'24" WEST 100.44 FEET;
THENCE SOUTH 00°51' 14" EAST 163.19 FEET;
THENCE SOUTHERLY AND WESTERLY 61.00 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 87°22'56" AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 42050, 14" WEST 55.26 FEET;
THENCE SOUTH 86°31'42" WEST 274.92 FEET;
THENCE WESTERLY AND NORTHWESTERLY 328.59 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS
OF 450.00 FEET THROUGH A CENTRAL ANGLE OF 41 °50'13" AND BEING SUBTENDED
BY A CHORD WHICH BEARS NORTH 72°33'11" WEST 321.34 FEET, TO A POINT OF
REVERSE CURVATURE;
THENCE NORTHERWESTERLY 192.21 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 450.00
FEET THROUGH A CENTRAL ANGLE OF 24°28'22" AND BEING SUBTENDED BY A
CHORD WHICH BEARS NORTH 63052, 16" WEST 190.75 FEET;
THENCE NORTH 76006'27" WEST 168.28 FEET;
THENCE WESTERLY AND NORTHERLY 57.60 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS
OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 66000, 12" AND BEING SUBTENDED
BY A CHORD WHICH BEARS NORTH 43°06'21" WEST 54.47 FEET;
THENCE NORTH 10006, 15" WEST 186.45 FEET;
THENCE NORTH 76°06'27" WEST 175.00 FEET;
THENCE WESTERLY AND NORTHWESTERLY 179.83 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS
OF 175.00 FEET THROUGH A CENTRAL ANGLE OF 58052'34'' AND BEING SUBTENDED
BY A CHORD WHICH BEARS NORTH 46°40'10" WEST 172.02 FEET, TO A PO1NT OF
REVERSE CURVATURE;
THENCE NORTHWESTERLY 73.24 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 225.00
FEET THROUGH A CENTRAL ANGLE OF 18039'00" AND BE1NG SUBTENDED BY A
CHORD WHICH BEARS NORTH 26°33'23" WEST 72.92 FEET, TO A POINT OF
COMPOUND CURVATURE;
THENCE NORTHWESTERLY AND SOUTHWESTERLY 109.62 FEET ALONG THE ARC
OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A RADIUS
OF 75.00 FEET THROUGH A CENTRAL ANGLE OF 83044'37" AND BEING SUBTENDED
BY A CHORD WHICH BEARS NORTH 77045, 12' WEST 100.12 FEET, TO A PO1NT OF
REVERSE CURVATURE;
THENCE SOUTHWESTERLY 72.92 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 127.00
FEET THROUGH A CENTRAL ANGLE OF 32°53'47" AND BEING SUBTENDED BY A
CHORD WHICH BEARS SOUTH 76049'23'' WEST 71.92 FEET, TO A POINT OF REVERSE
CURVATURE;
THENCE SOUTHWESTERLY 34.68 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET
THROUGH A CENTRAL ANGLE OF 79029'05'' AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 53°31'44" WEST 31.97 FEET, TO A POINT OF CUSP AND ALSO
BEING THE WESTERLY RIGHT-OF-WAY OF FUTURE CORSO MEDITERRA CIRCLE
(FUTURE ROADWAY);
THENCE ALONG THE SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING TWO (2)
DESCRIBED COURSES;
(1) THENCE NORTHERLY AND EASTERLY 73.68 FEET ALONG THE ARC OF A NON-
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 321.00 FEET THROUGH A CENTRAL ANGLE OF 13009'03'' AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 20021 '43" EAST 73.52 FEET;
(2) THENCE NORTH 26056' 15" EAST 127.13 FEET, TO A POINT OF CUSP;
THENCE SOUTHERLY AND EASTERLY 39.27 FEET ALONG THE ARC OF A NON-
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS
OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 90°00'00'' AND BEING SUBTENDED
BY CHORD WHICH BEARS SOUTH 18003'45'' EAST 35.36 FEET;
THENCE SOUTH 63003'45'' EAST 46.79 FEET;
THENCE SOUTHEASTERLY 170.32 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 275.00
FEET THROUGH A CENTRAL ANGLE OF 35°29'11" AND BEING SUBTENDED BY A
CHORD WHICH BEARS SOUTH 45 ° 19' 10" EAST 167.61 FEET;
THENCE NORTH 62025'26'' EAST 131.55 FEET;
THENCE EASTERLY 36.19 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR
CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 50.00 FEET THROUGH A
CENTRAL ANGLE OF 41 °28'07" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 83009'29'' EAST 35.40 FEET;
THENCE SOUTH 76006'27'' EAST 469.46 FEET;
THENCE SOUTHEASTERLY 309.42 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 900.00
FEET THROUGH A CENTRAL ANGLE OF 19°41'54" AND BEING SUBTENDED BY A
CHORD WHICH BEARS SOUTH 66015'30'' EAST 307.90 FEET, TO A POINT OF REVERSE
CURVATURE;
THENCE EASTERLY 177.30 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 200.00 FEET THROUGH A
CENTRAL ANGLE OF 50047'39'' AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 81048'22'' EAST 171.56 FEET, TO A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 297.97 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1044.19
FEET THROUGH A CENTRAL ANGLE OF 16020'59'' AND BEING SUBTENDED BY A
CHORD WHICH BEARS NORTH 80°58'18" EAST 296.96 FEET;
THENCE NORTH 89008'46'' EAST 64.44 FEET, TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
CONTAINING 13.95 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHWEST ¼ OF SECTION 12,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, AS BEING SOUTH 00°51'14" EAST.
RWA SURVEYING, INC.
LAND SURVEYORS AND MAPPERS
3050 NORTH HORSESHOE DRIVE
SUITE 270
NAPLES, FLORIDA 34104
(941) 649-1509
FLORIDA CERTIFICATE OF AUTHORIZATION #6952
BY: .... _(~~ ~'/~~- DATE: / -/~- ~:~
ROGER G. CA~ER, PROFESSIONAL SURVEYOR AND MAPPER LS# 5702
Not valid unless embossed with the Professional's Seal.
Ref. 99-0128-4S1.