Mediterra East Phase 3, Unit 1COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO:
FROM:
DATE:
RE:
Sue FilSon, Administrative Assistant
John R. Houldsworth, Senior Engineer
December 30, 2002
Mediterra East Phase Three, Unit One
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Mediterra East Phase Three, Unit One. 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 One
THIS AGREEMENT made and entered into this 2nc[ day of xj~. ,tul~. ,
200], by and between the Board of County Commissioners of Collier County Florida, hereinafter
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. 01-61 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 III East, 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 One
improvement plans is paramount with the on-going construction and development of the
approved Mediterra P.U.D.; 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
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.
12/2/2002-112366 Ver: 01 ~- LMARTIN
CAa~3
02934~51-002- ECOR- 18951
Page 1 of 5
mo
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:
Clearing and Grubbing with Right-of-Way and utility, drainage and maintenance
easements.
Clearing and Grubbing within residential areas, as outlined within Mediterra PUD
Section 2.12.
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.
4. Construction of infrastructure to include water, sewer and irrigation mains.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Mediterra Phase Three East - Unit One, WilsonMiller, Inc., Drawing File No. D-2934-
189, sheet numbers 1 through 36, dated October, 2002, 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 One prepared
by John P. Maloney, P.L.S., of WilsonMiller, 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 Phase Three East - Unit One, Final Subdivision Plans, WilsonMiller,
Inc., Drawing File No: D-2934-189, sheet numbers 1 through 36, dated October,
2002.
o
Final plat for Mediterra Phase Three East - Unit One, prepared by John P.
Maloney, P.L.S., of WilsonMiller, Inc.
SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
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02934-081-002- ECOR- 18951
Page 2 of 5
ao
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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.
SECTION 4
APPROVALS
County will issue the Preliminary Work Pmmits 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 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
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Page 3 of 5
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.
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Signed, Sealed and Delivered
in the presence of:
Signature /L~yyj ~a~ ~v~
Printed or typed name
Signature ,~ , //~
Printed or typed name
.. ..?.~, '.. ...... ...<. ,.
Depfi~le~k ..... ~'d~",, ? .....
~m~~~sufficiency:
Patrick G. White
Assistant Collier Coun~ A~orney
LONG BAY PARTNERS, LLC
)Florid~,limite/t Liability Company
Davi~d~.t.~.a~.am, Vice President of Bonita Bay Properties,
Inc., The Managing Member of Long Bay Partners, LLC,
a Florida Limited Liability Company
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COI~,ITY, FLQ~IDA
James~a, ~.'~ralr.,L.a~ - ~ -~
10110/2002- 112368 Ver: 01!- LMARTIN
cA#4~
02934-051-002- ECOR- 18951
Page 4 of 5
STATE OF FLORIDA )
)
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me this lC day of
i~C~ , 2002, by, David~['aham, as Vice President of Bonita Bay Properties, Inc., The
Managing Member of Long Bay Panners, LLC, a Florida Limited Liability Company. He is personally
known to me ~ wke ~2: prcd::c, cd ,~n.
WITNESS my hand and official seal this I (O day of ~C~~ , 2002.
,~.~:,.. THUWl D, GATES
~(,%..'~= Notary Public, State of Florida
{~ My corem expires August 13, 2004
:~;~;' Corem No CC960445
Bonded Thru Notary Public Underwriters
NOTARY PUBLIC - STATE OF FLORIDA
Th, n/vi fl~te.ct
Print or Type ~(~'a/r:~'N-~-~ -
My Commission Expires:
1011012002-112366 Vet: 01!-LMARTIN
D2934-051-002-ECOR-18951
LEGAL DESCRIPTION
ALL THAT PART OF SECT[ON 12, TOWNSHIP 48 SOUTH, RANOE 25 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12~
THENCE ALONG THE EAST LINE OF SAID SECTION 12, NORTH 00'59'11" WEST
200.00 FEET~
THENCE LEAVING SAID EAST LINE SOUTH 88°40'16" WEST 65.00 FEET TO THE
POINT OF BEGINNING¢
THENCE SOUTH 88°40'16" WEST 2511.29 FEET~
THENCE NORTH 58°38'42'' WEST 55.56 FEET~
THENCE NORTH 02°55'41'' WEST 51.18 FEET~
THENCE NORTH 00°53'22" EAST 168.77 FEET:
THENCE NORTH 00°04'47`' EAST 782.63 FEET~
THENCE NORTH 00°51'30" WEST 83.55 FEET~
THENCE NORTH 00°50'51'' WEST 1315.71 FEET TO THE EAST AND WEST 1/4 SECTION
LINE OF SAID SECTION
THENCE ALONG SAID LINE NORTH 88°51'44'' EAST 1109.94 FEETs
THENCE LEAVING SAID LINE NORTH 00°53'36" WEST 687.34 FEET~
THENCE SOUTH 88*54'36" WEST 1109.44 FEET~
THENCE NORTH 00°51'10'' WEST 628.31 FEET TO THE NORTH LINE OF THE
SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12~
THENCE ALONG SAID LINE NORTH 88°55'21" EAST 2333.94 FEET TO THE
WEST LINE OF THE EAST 265 FEET OF THE SOUTHEAST 1/4 OF THE
NORTHEAST I/4 OF SAID SECTION 12~
THENCE ALONG SAID LINE SOUTH 00°57'34" EAST 657.27 FEET~
THENCE CONTINUE ALONG SAID LINE SOUTH 00°58'26" EAST 656~84 FEET
TO THE EAST AND WEST 1/4 SECTION LINE OF SAID SECTION
THENCE ALONG SAID LINE NORTH 88°51'44" EAST 264.89 FEET TO THE
EAST I/4 CORNER OF SAID SECTION
THENCE SOUTH 87°25'59" WEST 29.60 FEET~
THENCE SOUTH 00°58'39" EAST 36,48 FEET~
THENCE SOUTH 04°32'17" WEST 367,80 FEET~
THENCE SOUTH 00°59'11'' EAST 2019.79 FEET TO THE POINT OF BEGINNING~
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD~
BEARINGS ARE BASED ON THE EAST LINE OF SAID SECTION 12, BEING
NORTH 00o59'11" WEST~
CONTAINING 194,86 ACRES MORE OR LESS