Mediterra Parcel 100COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
EN~INEERIN~ REVIEW SECTION
MEMORANDUM
TO: S u~d~,. A .dminist~a~ive A~istant
FROM: ~Tohn R. Houldsworth, Senior Engineer
DATE: February 8, 2000
RE:
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Mediterro Parcel 100. 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.
CC:
Pro~ect File
Reading File
PRELIMINARY WORK AUTHORIZATION
Mediterra - Parcel 100
THIS AGREEMENT made and entered into this /<::)'2~!~ 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 100, 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 100 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 11 lot single family residential subdivision on 13.02 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 '100, RWA, Inc., Drawing File No. 99-0126, sheet numbers 1
through 11, 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 100, 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:
1. Mediterra - Parcel 100 Final Subdivision Improvement Plans, RWA. Inc.,
Drawing File No: 99-0126, sheet numbers 1 through 11, dated August, 1999.
Final plat for Mediterra - Parcel 100, 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:
Prin/~dyr typ~am_e,¢,, ~Y
Sig"'~ure ~
Gin~ Jord~
BONITA BAY PROPERTIES, INC.,
Managing Member of
~ H. Gra~Far~
Vice President
Printed or typed name
~ ~.; '-' A'FFEST:
Attest as to Chairman's
s lqnature on)
DWIGHT E. BROCK, CLERK
DeCut~ Clerk ' '
BOARD~MMISSIONERS
Approved as to form and legal sufficiency:
¢-avid-C. W~igel~ Esquire
Collier County Attorney
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
WITNESS my hand and official seal this ~ day of February, 2000.
NOTARy PbBLIC-- ST,~TE OF/,CI~ORII~,~
II
MICHAELE A. JONES ~
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 100)
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST ¼ OF SECTION 12,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF THE NORTHWEST ¼ OF SAID SECTION 12, SOUTH
00050'59'' EAST 271.70 FEET;
THENCE LEAVING SAID EAST LINE SOUTH 89°09'01'' WEST 2025.39 FEET TO A POINT
ON THE WESTERLY RIGHT-OF-WAY OF MEDITERRA CIRCLE (FUTURE ROADWAY)
AND BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING FIVE (5)
COURSES;
(1) THENCE SOUTH 35054'55'' EAST 227.74 FEET;
(2) THENCE SOUTHERLY 1120.02 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1021.00 FEET
THROUGH A CENTRAL ANGLE OF 62°51' 10" AND BEING SUBTENDED BY A
CHORD WHICH BEARS SOUTH 04029'20'' EAST 1064.70 FEET;
(3) SOUTH 26°56'15" WEST 204.50 FEET;
(4) THENCE SOUTHERLY 316.81 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 379.00 FEET
THROUGH A CENTRAL ANGLE OF 47053'40'' AND BEING SUBTENDED BY A
CHORD WHICH BEARS SOUTH 02059'25'' WEST 307.67 FEET;
(5) THENCE SOUTH 20057'25'' EAST 26.70 FEET;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY SOUTH 69002'35'' WEST 89.70
FEET;
THENCE SOUTHWESTERLY 9.21 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 55.00 FEET
THROUGH A CENTRAL ANGLE OF 09035'31" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 73050'20'' WEST 9.20 FEET;
THENCE SOUTH 7803'8'06'' WEST 77.46 FEET;
THENCE NORTH 80036'54" WEST 182.05 FEET;
THENCE WESTERLY AND NORTHERLY 31.24 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS
OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 89030' 13" AND BEING SUBTENDED
BY A CHORD WHICH BEARS NORTH 35051'47" WEST 28.16 FEET;
THENCE NORTH 08053' 19" EAST 66.62 FEET;
THENCE NORTH 05002' 13" EAST 136.23 FEET;
THENCE NORTHERLY AND EASTERLY 509.45 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS
OF 1025.00 FEET THROUGH A CENTRAL ANGLE OF 28028'39'' AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 19016'32'' EAST 504.23 FEET, TO A
POINT OF REVERSE CURVATURE;
THENCE NORTHERLY AND WESTERLY 535.71 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE WEST HAVING A RADIUS OF
565.00 FEET THROUGH A CENTRAL ANGLE OF 54019'34" AND BEING SUBTENDED BY
A CHORD WHICH BEARS NORTH 06°21 '05" EAST 515.87 FEET, TO A POINT OF
COMPOUND CURVATURE;
THENCE NORTHERLY AND WESTERLY 117.74 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A
RADIUS OF 200.00 FEET THROUGH A CENTRAL ANGLE OF 33043'45'' AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 37040'34'' WEST 116.04 FEET, TO A
POINT OF REVERSE CURVATURE;
G:\1999 Projects\99-0126 Mediterra Boulevard Parcel 100\SurveykLegal Description Parcel 100.DOC
THENCE NORTHERLY AND EASTERLY 492.93 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE EAST HAVING A RADIUS OF
260.00 FEET THROUGH A CENTRAL ANGLE OF 108037'32'' AND BEING SUBTENDED
BY A CHORD WHICH BEARS NORTH 00°13'41'' WEST 422.35 FEET;
THENCE NORTH 54°05'05" EAST 91.00 FEET, TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
CONTAINING 13.02 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHWEST ~,4 OF SECTION 12,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY, FLORIDA, AS BEING SOUTH
00050'59'' 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
P, OGER G. C_~kRTER, PROFESSIONAL SURVEYOR AND MAPPER LS# 5702
NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL.
KEF. 99-0162-4S1.
G:\1999 Projects\99-0126 Mediterra Boulevard Parcel 100\Survey~Legal Description Parcel 100.DOC