Majorca @ Fiddler's CreekCOMMUNITY DEVELOPMENT
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer~o~-~/
DATE: October 16, 2000
RE:
Bellagio and Majorca at Fiddler's Creek
Preliminary Work Authorization
Attached please find a Preliminary Work Authorizations for
Bellagio and Majorca at Fiddler's Creek. These documents
have 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
documents and forward to the Clerk's office.
Should you have any questions, please advise.
jrh
cc: Project File
Reading File
Fiddler's Creek Parcel 8
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this[~;' TU day of ~hr,.~q u_ ~ '1- ,_2000,
by and between the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as "County", and GBFC Development, Ltd., hereinafter referred to as the "Owner".
WHEREAS, the County has adopted Collier County Ordinance No. 98-13 known as the
Fiddler's Creek PUD Ordinance, hereinafter referred to as the "PUD"; and
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands
described in O.R. Book 1911, Page 144 of the public records of Collier County, Florida, said
legal description attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has approved the surface
water management permit for Fiddler's Creek, SFWMD Permit No. 11-00685-S; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because in order to commence construction at the earliest possible time due to economic and
developmental time constraints; 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:
SECTION 1 - ACKNOWLEDGEMENT
The foregoing recitals are true and correct and am 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.
F:~JOB\FIDCREEK\MV~M\PRELIM8.doc
FC8.PLT
Fiddler's Creek Parcel 8
Preliminary Work Authorization
Page 2 of 4
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:
1) Clearing of the roadways, easements and construction areas.
2)
Earth work necessary for the installation of water and sewer lines, water
management swales and roadbed preparation.
3) Installation of the project's required improvements.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Fiddler's Creek Parcel 8 consisting of 8 sheets, prepared by Q. Grady Minor & Associates,
P.A., dated August, 2000 hereinafter referred to as the "The Preliminary Work". The legal
description of the boundaries of the Preliminary Work is shown on the f'mal plat for Fiddler's
Creek Parcel 8 consisting of 3 sheets prepared by Q. Grady Minor & Associates, P.A.
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)
Construction plans for Fiddler's Creek Parcel 8 consisting of 8 sheets, prepared
Q. Grady Minor & Associates, P.A..
2)
Final plat for Fiddler's Creek Pamel 8 consisting of 3 sheets prepared by Q.
Grady Minor & Associates, P.A.,
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.
b. Owner submitting to the County a copy of the early work permit or permit modification
from the South Florida Water Management district for all maUers included in the jurisdiction of
the South Florida Water Management District, which conforms with the Preliminary Work
Release plans submitted to the County.
F:UOB\FIDCREEK\MWM\PRELIM8.doc FC8 .PLT
Fiddler's Creek Parcel 8
Preliminary Work Authorization
Page 3 of 4
SECTION 4 - APPROVAL
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 and acknowledges that no building permit will be issued for habitable structures
within Fiddler's Creek Parcel 8 until the Fiddler's Creek Parcel 8 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 transferrable.
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 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 of 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 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.
F:XJOB\FIDCREEK\MWM\PRELIM8.doc FC8 .PLT
IN WITNESS WHEREOF, the parties have executed this Agreement the day furst above
written.
Printed Name
Witness
Printed Name
ATTEST:
Dwight E. Broqk, CLERK
' '~ i ~'-~ea~t~5 form and legal
By: GBFC ~Develppme~t, I~,
Attorney-in-fact & Not Individually
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~{~ _
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this \~ day of ~,. ~- 2000,
by Mark P. Strain, Attorney-in-fact for GBFC Development, Ltd. He is persom._~_~own to me
and did not take an oath.
My Comanission Expires: c-~~,
~[ ;k~,,"A",.g% Notary Public, State of Florida
{ ~A~.~.':~] My corem ,~pi'e' Septemir 11,2~1
Printed Name of Notary Public
F:\]OB\FIDCREEK\MWM\PRELIM8.doc
FCS.PLT
IlS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE
~FICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED
~REIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED
AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM
'- THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS
tAT ARE NO T RECORDED ON THIS PLAT THAT IdA Y BE
)UND IN THE PUBLIC RECORDS OF THIS COUNTY.
LEGAL DESCRIPTION
COUNTY
THIS PLAT APPROVED IN R~
COUNTY COMMISSIONERS Ot
DAY OF ............
THE PLAT iS FILED IN THE
COURT OF COLLIER COUNTI
DmOHT E BROCK
CLERK OF CIRCUIT COURT
IN AND FOR COLLIER COb
AT~ST'
CO~MENC£ AT THE SOUTH~ESTERL YMOST CORNER OF TRACT F-8, AS SHOH~N ON
THE PLAT OF FIDDLER'S CREEK PHASE lB, UNIT THREE, RECORDED tN PLAT
BOOK 29 AT PAGES 77 THROUGH 85: THENCE RUN NORTH 74'57'50' EAST
FOR A DISTANCE OF 220,82 FEET TO THE PONT OF BE~INN~N~ : THENCE RUN
NORTH 09'45~7" ~ST F~ A DISTANCE ~ 67Z24 FEET TO A POINT
THE LINES OF TRACT L-1~ AS SHO~ ON ~E PLAT OF F/DDLER'S CREEK
PHASE tB. UNIT THREE, ALSO BE/NO A POINT ON A CIRCULAR CUR~
CONCA~ NORTH~S~ ~OSE RADIUS POINT BEARS N~TH ~9'5f~4' ~S~
A DISTANCE ~ 7ZO0 FEET THEREFROM,' THENCE RUN, ALONG THE UNES OF
SAID ~ACT L-10. N~THEASTERLY ALONG THE ARC OF SAID CUR~ TO THE
LEF~ THROUGH A CENTRAL ANGLE OF 48'~0'~ SUB~NDED BY A CHORD
OF 6284 FEET AT A BEAR/NO OF NORTH 26'0~'03' EA5~ FOR AN ARC
ZENOTH OF 64.7~ TO A POINT OF RE~RSE CURVA~RE,' THENCE RUN
NORTHEASTERLY AI~O THE ARC OF SAID CURVE TO THE RIGHL HAVING A
RAt/US OF 55.00 FEEC [HROUOH A CENTRAL ANGLE OF 78'52'44~
SUBTENDED BY A CHORD OF 69.88 FEET AT A BEARING OF NORTh'
4~'22~2' EASZ F~ AN ARC LENGTH OF 75,72 FEET TO A POINT OF
RE~RSE CURVATURE,' THENCE RUN NORTHEASTERLY ALONG THE ARC ~ SAID
CURVE TO THE LEF~ HAVING A RADIUS ~ ~0.00 FEE~ THROUGH A
CEN~AL ANGLE OF ~14'32'49~ SUBTENDED BY A CHORD OF 84,~3 FEET
AT A BEARING ~ NORTH 23'32~0' EAS~ FOR AN ARC LENGTH OF 99,96
FEET TO A POINT OF RE~RSE CURVATURE: THENCE RUN NORTHERLY AL~O
THE ARC OF SAID CUR~ TO THE R/OH~ HA~NO A RADIUS OF ~0,00 FEE~
THR~ A CENTRAL ANGLE OF 26'37'27~ SUBTENDED BY A CHORD
2Z03 FEET AT A BEARING OF NORTH 20'25~" ~S~ FOR AN ARC
LENGTH ~ 2~23 FEET TO THE END ~ SAID CUR~,' ~ENCE LEAVING SAID
LINES OF TRACT L-iO, RUN SOUTH 65'~9'4~" EAST F~ A D/STANCE OF
726,67 FEET TO A P~NT ON THE N~TH~STERLY RIGHT-~-WAY LiNE
FIDDIER'S CREEK PARKWAY (~ACT 'R'); AlSO BEING A P~NT ON A
CIRCULAR CUR~ CONCA~ NORTH~S~ ~HOSE RADIUS POINT BEARS NORTH
68'46'~' ~S~ A DISTANCE OF 95000 FEET THEREFROM,' THENCE RUN
S~STERLY AL~O THE ARC ~ SAID CURVE TO THE RICH~ FHROU~ A
A]~ A ULA~INO OF SOUTH 48'02~40' ~ST, EOR AN ARC LENOTH OF 889.5~
FEET tO THE END ~ SAID CURVE: THENCE NUN SOUTH 74'5F50"
F~ ~ DISTANCE OF 9.46 FEET TO THE ~OJNT O~ ~ ; C~TAINtNO
FILM
/ HEREBY CERTIFY THAT D
THAT IT COMPLIES ~ffTH THI
OF THE STATE OF FLORIDA
WAS F/LED FOR RECORD AT
2000, AND RECORDED IN P,
THROUGH ...... OF THE
STATE OF FLORIDA )
)s.s
COUNTY OF COLLIER )
I, MARK J WOODmARt. A 06
CERTIFY THAT / HAVE EXAMll
THE TITLE IS VESTED IN 951
AS RECORDED IN OFFICIAL R~
OF THE PUBLIC RECORDS OF
TA~ES HA VE BEEN PAID,' AN
OFFICIAL RECORDS BO~P,' 2?:
AGREEMENT, f~ECORDED IN ~
AND LEASES, RECORDED /N
Division of Corporations Page 1 of 2
Fl~rid~LT~i~e~[ P art~~p
GBFC DEVELOPMENT, LTD.
P~ ~P ~L~ Dq) RE ~
3470 CLUB CENTER BLVD
NAPLES FL 34114-0816
MAILING ASDDRESS-
3470 CLUB CENTER BLVD
NAPLES FL 34114-0816
Document Number FEI Number Date Filed
A00000000462 NONE 03/14/2000
State Status Effective Date
FL ACTIVE NONE
Last Event
AMENDMENT
Actual Contribution
2,000.00
Event Date Filed
O4/07/2OOO
Event Effective Date
NONE
Registered-Agent ·
~VOODWARD, MARK J
801 LAUREL OAK DRiVE
STE 710
NAPLES FL 34108
· G~neraI Partner Detail~
Name & Address
jIDocument
Number
E ,L
3470 CLUB CENTER MANAGEMENT
NAPLESFL
[M00000000675
Anfiua~ Reports -- --'
I epo~ l[~q~ [ Intangible Tax
.../cordet.exe?al =DETFIL&n I =A00000000462&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2 10/03/2000