Mediterra Parcel 101COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: ~ue Filson, Administrative Assistant
FROM: ~Tohn R. Houldsworth, Senior Engineer
bATE: February 8, 2000
RE:
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Mediterra Parcel 10t. 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 101
THIS AGREEMENT made and entered into this /Q ~ 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 '101, attached hereto as exhibit '%" and incorporated herein by reference;
and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because maintaining construction schedule for Mediterra - Parcel 10'1 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 14 lot single family residential subdivision on 10.09 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 101, RWA, Inc., Drawing File No. 99-0127, sheet numbers 1
through 10, dated August, 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 101, 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 101 Final Subdivision Improvement Plans, RWA. Inc.,
Drawing File No: 99-0127, sheet numbers 1 through 10, dated August, 1999.
Final plat for Mediterra - Parcel 101, 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:
,~i~ natu-re)
~ Joanne Janes
Prin~d,,er typ~"c~namey
Gin~. Jordan
BONITA BAY PROPERTIES, INC.,
Managing Member of
Long Bay ~tn~,~ LLC
Vice President
Printed or typed name
., ATTES.~2 '.
· . .' DWIGFI"f?E. BROCK CLERK
· : ...,DCp.utY.ct.erk ,'
' At,;est as to Chairman'z,
signature onl$,
Approved as to form and legal sufficiency:
c avid C. Weigel, Esquire
oilier County Attorney
BOARD~MISSIONERS
OF COL%R~,OU/NTY, FLORIDA
(.,/ .i¢/--
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 ........... ~rcdL;ccd , .
WITNESS my hand and official seal this ,.~ day of February, 2000.
Print or Type Notary Name
My Commission Expires:
Page 5 of 5
LEGAL DESCRIPTION
BEING PART OF SECTION 12
TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY FLORIDA.
(MEDITERRA PARCEL 101)
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 801.18 FEET;
THENCE LEAVING THE SAID EAST LINE SOUTH 89008'46" WEST 721.54, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE SOUTH 11 °18' 13" EAST 206.50 FEET;
THENCE SOUTH 22024'00'' EAST 50.00 FEET;
THENCE SOUTHWESTERLY 52.68 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 550.00 FEET
THROUGH A CENTRAL ANGLE OF 05029' 18" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 70020'39'' WEST 52.66 FEET;
THENCE SOUTH 06024'59'' EAST 202.48 FEET;
THENCE SOUTHWESTERLY 206.19 FEET ALONG THE ARC OF A NON-TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 750.00 FEET
THROUGH A CENTRAL ANGLE OF 15045'07'' AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 83046'59'' WEST 205.54 FEET;
THENCE NORTH 88020'27'' WEST 150.11 FEET;
THENCE WESTERLY 395.12 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR
CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 2275.00 FEET THROUGH A
CENTRAL ANGLE OF 09057'04'' AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 86°41 '01" WEST 394.63 FEET, TO A POINT OF REVERSE CURVATURE;
THENCE WESTERLY 48.50 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF ! 151.71 FEET THROUGH A
CENTRAL ANGLE OF 02024'46'' AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 82°54'51" WEST 48.49 FEET, TO A POINT OF REVERSE CURVATURE;
THENCE WESTERLY 52.02 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR
CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 500.00 FEET THROUGH A
CENTRAL ANGLE OF 05057'38'' AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 81 °08'25" WEST 51.99 FEET, TO A POINT OF REVERSE CURVATURE;
THENCE WESTERLY 141.68 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 415.00 FEET THROUGH A
CENTRAL ANGLE OF 19033'36'' AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 87056'24'' WEST 140.99 FEET, TO A POINT ON THE (FUTURE RIGHT OF WAY
LINE OF CORSO MEDITERRA CIRCLE);
THENCE 469.42 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE CONCAVE TO
THE WEST HAVING A RADIUS OF 1079.00 FEET THROUGH A CENTRAL ANGLE OF
24055'36'' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 01009'54'' EAST
465.73 FEET ALONG THE SAID (FUTURE RIGHT OF WAY LINE);
THENCE LEAVING THE SAID (FUTURE RIGHT OF WAY LINE) NORTH 86046' 14" EAST
406.15 FEET;
THENCE EASTERLY 232.51 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR
CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 2725.00 FEET THROUGH A
CENTRAL ANGLE OF 04°53'19" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 89012'53'' EAST 232.44 FEET;
THENCE SOUTH 88020'27'' EAST 150.11 FEET;
THENCE EASTERLY AND NORTHEASTERLY 165.83 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
300.00 FEET THROUGH A CENTRAL ANGLE OF 31 °40'19" AND BEING SUBTENDED BY A
CHORD WHICH BEARS NORTH 75o49'23'' EAST 163.73 FEET, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
CONTAINING 10.05 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE EAST L1NE OF THE NORTHWEST aA 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
ROGER G. CARTER, PROFESSIONAL SURVEYOR AND MAPPER LS# 5702
Not valid unless embossed with the Professional's Seal.
Ref. 99-0127-4S1.