Loading...
Mediterra Unit OneCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICE5 DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: ,Tohn R. Houldsworth, Senior Engineer bATE: February', ~000 RE: P%limi~ ~ ~o..rk ~uthorizotion Attached please find a Preliminary Work Authorization for Mediterra. This document has been reviewed by Engineering Review and the County Attorney's Office. Collier County Res~!u~,i~,n No, ~3~:I47 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 - Unit One THIS AGREEMENT made and entered into this f~ 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, Unit One, 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 - Unit One 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 under'takings 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 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, storm pipe, headwalls, inlets, and sidewalks. Constructions of infrastructure to include water, sewer, irrigation mains, and sewer pump stations. The preliminary work detailed in this Section shall be in accordance with plans entitled Mediterra - Unit One, WilsonMiller, Inc., Drawing File No. D-2934-85, sheet numbers 1 through 31, dated September, 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 - Unit One, prepared by John E. Boutwell, P.S.M. 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 - Unit One Final Subdivision Improvement Plans, WilsonMiller, Inc., Drawing File No. D-2934-85, sheet numbers 1 through 31, dated September, 1999. Final plat for Mediterra - Unit One, prepared by John E. Boutwell, P.S.M. of WilsonMiller, 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. Page 2 of 5 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 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 Page 3 of 5 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 Printed or typed name Printed or typed name A'I-I'EST: Attest as to Chairman'~ s!cnature only. DWIGHT E. BROCK, CLERK Dep~uty Clerk " BONITA BAY PROPERTIES, INC., Managing Member of L.gng Bay.,J~artncrs, LLC I~a~d H. Gr'~h~m Vice President BOARD ~TY COM~VIISSIONERS Approved as to form and legal sufficiency: ~'L~David C. ~/ei~lel, 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 to me ct, whc h_~s produced ,~:. ,..,~, ,,,,,.,:,,,,.,,,. WITNESS my hand and official seal this ~/ day of February, 2000. NOTARY PUBLIC - STA'~IOF FLORIDA MICHAELE A. JONES Print or Type Notary Name My Commission Expires: Page 5 of 5 ,WiispnMiller New Din~fons In I~anning, Design & Enginee#ng Description of the proposed plat of Mediterra Unit One, being a part of Sections 11 and 12, Township 48 South Range 25 East, Collier County, Florida All that part of Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the northwest corner of said Section 12; thence along the north line of said Section 12, North 88057'56'' East 435.84 feet to the Point of Beginning of the parcel herein described; thence continue along said line, North 88057'56'' East 70.70 feet; thence leaving said section line, South 35054'55'' East 510.56 feet; thence southerly 1131.95 feet along the arc of a tangential circular curve concave to the west having a radius of 1079.00 feet through a central angle of 60006'28'' and being subtended by a chord which bears South 05°51'42" East 1080.76 feet; thence South 65°11'50" East 40.06 feet; thence South 24°48'10'' West 30.00 feet; thence North 65°11'50" West 40.16 feet; · thence southwesterly 21.70 feet along the arc of.a tangential circular curve concave to the northwest having a radius of 1079.00 feet through a central angle of 01009'07" and being subtended by a chord which bears South 26°21'41'' West 21.70 feet; thence South 26°56'15" West 204.50 feet; thence southerly 268.33 feet along the arc of a tangential circular curve concave to the east having a radius of 321.00 feet through a central angle of 47°53'40'' and being subtended by a chord which bears South 02059'25'' West 260.58 feet; thence South 20057'25'' East 220.43 feet; thence southerly 122.10 feet along the arc of a tangential circular curve concave to the southwest having a radius of 1029.00 feet through a central angle of 06047'55'' and being subtended by a chord which bears South 17°33'27" East 122.03 feet to a point of reverse curvature; thence southeasterly 126.10 feet along the arc of a tangential circular curve concave to the northeast having a radius of 483.00 feet through a central angle of 14°57'33,' and being subtended by a chord which bears South 21°38'16" East 125.75 feet to a point of compound curvature; thence southeasterly 150.56 feet along the arc of a tangential circular curve concave to the northeast having a radius of 150.00 feet through a central angle of 57030'40'' and being subtended by a chord which bears South 57052'22'' East 144.32 feet to a point of reverse curvature; thence easterly 278.43 feet along the arc of a tangential circular curve concave to the South having a radius of 817.00 feet through a central angle of 19°31 '34" and being subtended by a chord which bears South 76°51'56" East 277.08 feet; thence South 67006'09'' East 282.20 feet; thence easterly 162.97 feet along the arc of a tangential circular curve concave to the north having a radius of 158.00 feet through a central angle of 59005'49'' and being subtended by a chord which bears North 83°20'57'' East 155.84 feet; thence North 53048'02" East 86.15 feet; Naples Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane, Suite 200 Naples, Florida 34 I05-8507 941-649-4040 ~ 941-643-5716 ~ ww'.v, wilsonmiller, com WilsdnMiller thence northeasterly 96.27 feet along the arc of a tangential circular curve concave to the south having a radius of 107.00 feet through a central angle of 51 °33'08" and being subtended by a chord which bears North 79034'36" East 93.06 feet to a point of reverse curvature; thence easterly 75.98 feet along the arc of a tangential circular curve concave to the noah having a radius of 133.00 feet through a central angle of 32o43'50" and being subtended by a chord which bears NoAh 88°59'15' East 74.95 feet to a point of reverse curvature; thence southeasterly 279.93 feet along the arc of a tangential circular curve concave to the south having a radius of 260.00 feet through a central angle of 61°41 '15" and being subtended by a chord which bears South 76°32'03'' East 266.60 feet; thence South 45°41 '25" East 255.98 feet; thence southeasterly 91.39 feet along the arc of a tangential circular curve concave to the northeast having a radius of 184.00 feet through a central angle of 28027'28" and being subtended by a chord which bears South 59°55'09'' East 90.45 feet to a point of compound curvature; thence northeasterly 93.12 feet along the arc of a tangential circular curve concave to the north having a radius of 50.00 feet through a central angle of 106042'20" and being subtended by a chord which bears NoAh 52°29'56'' East 80.23 feet; thence South 00°51'14" East 215.50 feet; thence northwesterly 72.96 feet along the arc of a tangential circular curve concave to the southwest having a radius of 50.00 feet through a central angle of 83o36'30" and being subtended by a chord which bears North 42°39'28'' West 66.66 feet to a point of reverse curvature; thence northwesterly 200.30 feet along the arc of a tangential circular curve concave to the northeast having a radius of 296.00 feet through a central angle of 38°46'18'' and being subtended by a chord which bears NoAh 65o04'34'' West 196.50 feet; thence North 45°41'25" West 255.98 feet; thence westerly 247.63 feet along the arc of a tangential circular curve concave to the south having a radius of 148.00 feet through a central angle of 95°51'54" and being subtended by a chord which bears South 86°22'38'' West 219.74 feet to a point of reverse curvature; thence southwesterly 83.72 feet along the arc of a tangential circular curve concave to the noah having a radius of 83.00 feet through a central angle of 57047'40'' and being subtended by a chord which bears South 67°20'31'' West 80.22 feet; thence NoAh 83045'39" West 216.44 feet; thence westerly 84.90 feet along the arc of a tangential circular curve concave to the north having a radius of 292.00 feet through a central angle of 16°39'31" and being subtended by a chord which bears North 75o25'54'' West 84.60 feet; thence North 67°06'09'' West 258.89 feet; thence westerly 281.58 feet along the arc of a tangential circular curve concave to the south having a radius of 508.00 feet through a central angle of 31°45'31" and being subtended by a chord which bears NoAh 82o58'54'' West 277.99 feet; zo~ WilsdnMiiler thence southwesterly 85.69 feet along the arc of a tangential circular curve concave to the southeast having a radius of 148.00 feet through a central angle of 33°10'28" and being subtended by a chord which bears South 64°33'06'' West 84.50 feet; thence South 47°57'52'' West 24.30 feet; thence southerly 116.09 feet along the arc of a tangential circular curve concave to the east having a radius of 183.00 feet through a central angle of 36°20"51" and being subtended by a chord which bears South 29°47'27'' West 114.16 feet; thence South 11°37'01" West 232.94 feet thence southerly 328.08 feet along the arc of a tangential circular curve concave to the east having a radius of 771.00 feet through a central angle of 24°22'51" and being subtended by a chord which bears South 00034'25'' East 325.61 feet; thence South 12°45'50'' East 477.68 feet; thence southeasterly 51.39 feet along the arc of a tangential circular curve concave to the east having a radius of 183.00 feet through a central angle of 16°05'18'' and being subtended by a chord which bears South 20°48'29' East 51.22 feet to a point of reverse curvature; thence southerly 56.16 feet along the arc of a tangential circular curve concave to the west having a radius of 200.00 feet through a central angle of 16°05'18" and being subtended by a chord which bears South 20048'29'' East 55.97 feet; thence South 12°45'50'' East 76.22 feet; thence southerly 109.04 feet along the arc of a tangential circular curve concave to the west having a radius of 400.00 feet through a central angle of 15037'06'' and being subtended by a chord which bears South 04°57'17'' East 108.70 feet to a point of compound curvature; thence southwesterly 534.60 feet along the arc of a tangential circular curve concave to the northwest having a radius of 725.00 feet through a central angle of 42°14'54'' and being subtended by a chord which bears South 23058'43'' West 522.57 feet to a point of compound curvature; thence southwesterly 61.93 feet along the arc of a tangential circular curve concave to the northwest having a radius of 200.00 feet through a central angle of 17°44'25'' and being subtended by a chord which bears South 53058'22'' West 61.68 feet to a point of reverse curvature; thence southwesterly 46.09 feet along the arc of a tangential circular curve concave to the southeast having a radius of 283.00 feet through a central angle of 09°19'56'' and being subtended by a chord which bears South 58°10'37" West 46.04 feet to a point of reverse curvature; thence southwesterly 318.47 feet along the arc of a tangential circular curve concave to the northwest having a radius of 679.00 feet through a central angle of 26o52'22'' and being subtended by a chord which bears South 66o56'50'' West 315.55 feet; thence South 80°23'01" West 278.07 feet; thence westerly 372.57 feet along the arc of a tangential circular curve concave to the north having a radius of 629.00 feet through a central angle of 33°56'15" and being subtended by a chord which bears North 82°38'51" West 367.15 feet to a point of reverse curvature; 3 o,t ~ WilsdnMiller thence westerly 246.30 feet along the arc of a tangential circular curve concave to the south having a radius of 571.00 feet through a central angle of 24°42'51" and being subtended by a chord which bears North 78°02'09'' West 244.39 feet to a point of reverse curvature; thence westerly 174.21 feet along the arc of a tangential circular curve concave to the north having a radius of 769.00 feet through a central angle of 12058'47" and being subtended by a chord which bears North 83°54'11" West 173.84 feet to a point of reverse curvature; thence westerly 44.83 feet along the arc of a tangential circular curve concave to the south having a radius of 283.00 feet through a central angle of 09004'32" and being subtended by a chord which bears North 81°57'04' West 44.78 feet to a point of reverse curvature; thence westerly 61.17 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 17°31'23" and being subtended by a chord which bears North 77°43'38'' West 60.93 feet; thence North 68057'57" West 300.77 feet; thence northwesterly 219.07 feet along the arc of a tangential circular curve concave to the northeast having a radius of 730.00 feet through a central angle of 17°11 '39" and being subtended by a chord which bears North 60°22'07'' West 218.25 feet; thence North 51 °46'18" West 241.29 feet; thence northwesterly 72.10 feet along the arc of a tangential circular curve concave to the northeast having a radius of 227.00 feet through a central angle of 18°11 '57" and being subtended by a chord which bears North 42°40'19" West 71.80 feet to a point of reverse curvature; thence northwesterly 101.82 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 29°10'05" and being subtended by a chord which bears North 48009'23' West 100.72 feet to a point of compound curvature; thence westerly 467.46 feet along the arc of a tangential circular curve concave to the south having a radius of 730.00 feet through a central angle of 36°41'24" and being subtended by a chord which bears North 81°05'08'' West 459.52 feet; thence South 80°34'10" West 131.79 feet; thence southwesterly 35.09 feet along the arc of a tangential circular curve concave to the north having a radius of 829.00 feet through a central angle of 02°25'31" and being subtended by a chord which bears South 81°46'56" West 35.09 feet; thence South 06°10'30" East 40.09 feet; thence South 83049'30'' West 30.00 feet; thence North 06°10'30" West 40.00 feet; thence South 83049'30" West 424.24 feet; thence northeasterly 424.49 feet along the arc of a tangential circular curve concave to the north having a radius of 538.00 feet through a central angle of 45012'26" and being subtended by a chord which bears North 73°34'17" West 413.56 feet to a point of compound curvature; thence northwesterly 301.02 feet along the arc of a tangential circular curve concave to the northeast having a radius of 582.00 feet through a central angle of Wi/sdnMi//er 29°38'03" and being subtended by a chord which bears North 36°09'02'' West 297.67 feet; thence North 21 °20'01" West 98.51 feet; thence northwesterly 70.68 feet along the arc of a tangential circular curve concave to the northeast having a radius of 1000.00 feet through a central angle of 04°02'58" and being subtended by a chord which bears North 19°18'32" West 70.66 feet; thence North 17°17'02" West 219.84 feet; thence northwesterly 186.29 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 11°51 '36" and being subtended by a chord which bears North 23°12'50'' West 185.96 feet; thence North 29008'38" West 369.22 feet; thence northerly 349.65 feet along the arc of a tangential circular curve concave to the east having a radius of 450.00 feet through a central angle of 44"31 '10" and being subtended by a chord which bears North 06°53'03" West 340.92 feet; thence North 15°22'31" East 151.09 feet; thence South 74°37'29' East 100.00 feet; thence South 15°22'31, West 147.61 feet; thence southeasterly 271.95 feet along the arc of a tangential circular curve concave to the east having a radius of 350.00 feet through a central angle of 44°31'10'' and being subtended by a chord which bears South 06°53'03" East 265.16 feet; thence South 29008'38'' East 434.11 feet; thence southeasterly 124.64 feet along the arc of a tangential circular curve concave to the west having a radius of 629.00 feet through a central angle of 11°21 '13" and being subtended by a chord which bears South 23°28'01" East 124.44 feet; thence South 17°47'25'' East 149.45 feet; thence southeasterly 50.57 feet along the arc of a tangential circular curve concave to the northeast having a radius of 1000.00 feet through a central angle of 02°53'51" and being subtended by a chord which bears South 19°14'20'' East 50.57 feet; thence South 20°41'16" East 189.68 feet; thence southeasterly 487.72 feet along the arc of a tangential circular curve concave to the northeast having a radius of 500.00 feet through a central angle of 55°53'21" and being subtended by a chord which bears South 48°37'56'' East 468.62 feet; thence South 76°34'37'' East 29.52 feet; thence easterly 176.16 feet along the arc of a tangential circular curve concave to the north having a radius of 515.00 feet through a central angle of 19°35'53'' and being subtended by a chord which bears South 86022'33'' East 175.30 feet; thence North 83°49'30" East 355.80 feet; thence northeasterly 181.62 feet along the arc of a tangential circular curve concave to the north having a radius of 771.00 feet through a central angle of 13°29'49'' and being subtended by a chord which bears North 77°04'36" East 181.20 feet to a point of reverse curvature; WiisdnMiller thence easterly 250.62 feet along the arc of a tangential circular curve concave to the south having a radius of 401.00 feet through a central angle of 35°48'35'' and being subtended by a chord which North 88°13'59" East 246.56 feet; thence South 73°51'44" East 106.00 feet; thence southeasterly 451.48 feet along the arc of a tangential circular curve concave to the southwest having a radius of 800.00 feet through a central angle of 32°20'05" and being subtended by a chord which bears South 57°41'41" East 445.51 feet to a point of reverse curvature; thence southeasterly 92.97 feet along the arc of a tangential circular curve concave to the northeast having a radius of 520.00 feet through a central angle of 10°14'40'' and being subtended by a chord which bears South 46°38'58'' East 92.85 feet; thence South 51°46'18" East 39.05 feet; thence southeasterly 195.06 feet along the arc of a tangential circular curve concave to the northeast having a radius of 650.00 feet through a central angle of 17°11'39" and being subtended by a chord which South 60022'07'' East 194.33 feet; thence South 68057'57'' East 323.92 feet; thence easterly 28.43 feet along the arc of a tangential circular curve concave to the south having a radius of 200.00 feet through a central angle of 08008'38'' and being subtended by a chord which bears South 64°53'38' East 28.40 feet to a point of reverse curvature; thence easterly 56.14 feet along the arc of a tangential circular curve concave to the north having a radius of 183.00 feet through a central angle of 17°34'32' and being subtended by a chord which bears South 69°36'35" East 55.92 feet to a point of compound curvature; thence easterly 148.85 feet along the arc of a tangential circular curve concave to the north having a radius of 711.00 feet through a central angle of 1 l°59'44'' and being subtended by a chord which bears South 84°23'43" East 148.58 feet to a point of reverse curvature; thence easterly 271.31 feet along the arc of a tangential circular curve concave to the south having a radius of 629.00 feet through a central angle of 24°42'51" and being subtended by a chord which bears South 78°02'09'' East 269.22 feet to a point of reverse curvature; thence easterly 338.22 feet along the arc of a tangential circular curve concave to the north having a radius of 571.00 feet through a central angle of 33°56'15" and being subtended by a chord which bears South 82°38'51" East 333.29 feet; thence North 80°23'01" East 278.07 feet; thence northeasterly 265.79 feet along the arc of a tangential circular curve concave to the north having a radius of 621.00 feet through a central angle of 24°31'21" and being subtended by a chord which bears North 68°07'21" East 263.76 feet to a point of compound curvature; thence northeasterly 61.67 feet along the arc of a tangential circular curve concave to the northwest having a radius of 183.00 feet through a central angle of 19°18'27" and being subtended by a chord which bears North 46°12'27'' East 61.38 feet to a point of reverse curvature; thence northeasterly 37.28 feet along the arc of a tangential circular curve concave to the southeast having a radius of 200.00 feet through a central angle of 10°40'44" W i nMiller and being subtended by a chord which bears North 41°53'36" East 37.22 feet to a point of reverse curvature; thence northeasterly 411.88 feet along the arc of a tangential circular curve concave to the northwest having a radius of 643.00 feet through a central angle of 36°42'05'' and being subtended by a chord which bears North 28°52'55'' East 404.87 feet to a point of compound curvature; thence northerly 186.62 feet along the arc of a tangential circular curve concave to the west having a radius of 459.00 feet through a central angle of 23°17'43" and being subtended by a chord which bears North 01°06'59'' West 185.34 feet; thence North 12°45'50" West 72.50 feet; thence northerly 50.20 feet along the arc of a tangential circular curve concave to the east having a radius of 200.00 feet through a central angle of 14°22'49" and being subtended by a chord which bears North 05°34'26' West 50.07 feet to a point of reverse curvature; thence northerly 45.93 feet along the arc of a tangential circular curve concave to the west having a radius of 183.00 feet through a central angle of 14°22'49'' and being subtended by a chord which bears North 05°34'26'' West 45.81 feet; thence North 12°45'50'' West 1.82 feet; . thence South 77°14'10'' West 40.00 feet; thence North 12045'50'' West 30.00 feet; thence North 77°14'10'' East 40.00 feet; thence North 12045'50'' West 445.86 feet; thence northerlY 352.76 feet along the arc of a tangential circular curve concave to the east having a radius of 829.00 feet through a central angle of 24°22'51" and being subtended by a chord which bears North 00034'25'' West 350.11 feet; thence North 11°37'01" East 7.69 feet; thence northerly 273.29 feet along the arc of a tangential circular curve concave to the west having a radius of 933.00 feet through a central angle of 16046'59" and being subtended by a chord which bears North 03°13'31" East 272.32 feet to a point of compound curvature; thence northwesterly 72.05 feet along the arc of a tangential circular curve concave to the west having a radius of 148.0 feet through a central angle of 27053'33'' and being subtended by a chord which bears North 19°06'45'' West 71.34 feet to a point of reverse curvature; thence northerly 135.05 feet along the arc of a tangential circular curve concave to the east having a radius of 117.00 feet through a central angle of 66008'07'' and being subtended by a chord which bears North 00°00'32" East 127.68 feet to a point of reverse curvature; thence northerly 71.86 feet along the arc of a tangential circular curve concave to the west having a radius of 148.00 feet through a central angle of 27049'03'' and being subtended by a chord which bears North 19°10'05" East 71.15 feet to a point of compound curvature; thence northerly 255.32 feet along the arc of a tangential circular curve concave to the west having a radius of 558.00 feet through a central angle of 26012'58'' and being subtended by a chord which bears North 07050'56'' West 253.10 feet; thence North 20o57'25'' West 175.59 feet; WilsdnMiller thence northeasterly 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 47°53'40" and being subtended by a chord which bears North 02059'25" East 307.67 feet; thence North 26°56'15" East 204.50 feet; thence northeasterly and northwesterly 1110.70 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 62019'47'` and being subtended by a chord which bears North 04°13'39" West 1056.74 feet; thence North 35°54'55'' West 550.99 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 21.89 acres more or less. Bearings are based on Florida State Plane Coordinate System East Zone as the north line of Section 12, being North 88°57'56'' East. Certificate of authorization #LB-43. WilsonMiller, inc. Registered Engineers and Land Surveyors Re'f:----~at Not valid unless embossed with the Professional's seal. Date ~'~- /~/ /¢¢.¢ lil~ liP! JiJlB lJJJ1 · .. £RMITTEE: PROJECT OESCRIPTION: SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIROtNME~AL RF_.SOURCE PERMIT NO. 11-01761-P DATE ISSUED: NOVEM[BER 10, 1999 LON43 BAY PARTNERS L L C (MED[TERRA > JA~ ~ 0 ~00 3451 BONITA BAY BLVD.~ITE 202 SPRINGS. FL ~I~TI~ F~ A ~CEP~ ~VI~NT~ RE~RCE PE~IT TO SERVE 1419.8 ~RES OF ~LF C~E ~ RESIDENTI~ DEVELOPS. wi~ A ~S~TI~ ~ OPE~TION P~IT F~ ~E 1 ~ SERVE 695.8 ~RES ~ ~F ~E ~D RESIDENTI~ DEVELO~ DI~I~ TO ~E C~T~EE RIVER. ~ ~EK. ~D ~E I~ERI~ RIVER. PROJECT LOCATION: COLLIER COUNTY . PROJECT LOCATION: LEE COUNT( . SECTION 11.12.13 TWP 48S RGE 25E SECTION 1.2 TWP 48S RGE 25E PERMIT DURATION: Five years to complete construction of the surface water'management system fro~ the date issued. Conceptual Approval is valid for b~o years from the date issued. See attached Rule 40E-4.321. Florida Administrative .Cqde. R~acLofl U~e= Parc [V , ~pce= co ~e nec ~vwflc p~vLs~ou oC S~S~CLO~ 373.4L4(~)Cb), F.S., oc es QChe~se s~c~ hecein. Thil PeL'm£C mxy'!'be C=ans~ecce~ ~L=SUa~C-'CO the a~pL~opc-£&ce pro~liiOCtJ DC Chapter 373, F.S, ~ SeccAofls 40E-1.6~07(-~) ~ (2~. arK~ 40£-4.3S~(~), (2) .and (4:, F1OC£ClA Administrative COde (F.A.C.!. T~4.s Permit m~y be ce~o~, suspende~, or mo~it£ec~ ac any c£~e pursuant co the apgr:.oriace provisions of Chapter 373. £.S. and Sections 4O£-4.]SL(L:, (2), anti (4:, F.A.C. Tb£s Pe.~,!-. shall be subject co :he General CortdiC£oas sec torch tn Rul~ 40E-4.)31,~.A.C.. ~less waived or ~i~t~d ~ve~ing Board. ~e A~91icat~n, a~ ~e ~qviro~ncal ~esource Peri: Stsff Review S~ of the ~plica:ion, · 11 co~LcLons, and al~ 91an~ ~-~ s~ci(~caCiou lnco~caC~ by ce(ere~e, are a 9~ DC chis ~e~C. All forth and lnco~rac~ in cbc ~nv/~ncal ~eeou~e ee~c Staff ~evi~ S~. Wichia 30 ~s artec ~le:ioa consc~ccLon of the pemicced activity, ~e Pe~lCcee s~ll s~Ec a ~tccen Itatwnt ot c~lec~ ~ ce~i~icacion by r~tit~d proCessto~l e~inee= or ocher app~prtaCe l~lvid~l, ~rs~nt co the ap~gopriate p~v~sion$ o~ ~p~e: ~.S. and Sec=~ons 40E-4.36~ and 4~E-4.ael, F.A.C. ,'---.:LL cran-'fe: is apprp'zed by -~.e District pursuant Co Rule 40£-t.~[07. F.A.C. SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS- SEE PAGES 2-6 OF 10 (28 SPECIAL CONDITIONS). SEE PAGES 7-10 OF 10 (19 GENERAL CONDITIONS). FILED WITH THE CLERK OF THE SOUTH FLOR[OA WATER MANAGEMENT DISTRICT SOUTH FLORIDA WATER HANAGEMENT DISTRICT. BY [TS GOVERNING BOARD ON JY Original signed by: Vern Kaiser DEPUTY CLERK By Original signed by TONY BURNS ASS ['STAN T" SECRE 1-ARY PAGE i OF !0 o o SPECIAL CONDITIONS PERMIT NO' PAGE 2 OF 11-01761-P 10 THE PERMII-I-EE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION. SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. LAKE SIDE SLOPES SHALL BE NO STEEPER THAN 4:1 (HORIZONTAL:VERTICAL) TO A DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE NURTURED OR PLANTED FROM 2 FEET BEtOW TO I FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF LONG BAY PARTNERS. LLC. SILT SCREENS. HAY BALES OR OTHER SUCH SEDIMENT CONTROL MEASURES SHALL BE UTILIZED DURING CONSTRUCTION. THE SELECTED SEDIMENT CONTROL MEASURES SHALL BE INSTALLED LANDWARD OFT HE UPLAND BUFFER ZONES AROUND ALL~.PROTECTED WETLANDS. ALL AREAS SHALL BE STABILIZED AND VEGETATED IMMEDIATELY AFl-ER CONSTRUCTION TO PREVENT EROSION INTO THE WETLANDS AND UPLAND.BUFFER ZONES. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION. THE PERIMETER OF THE PROTECTED WETLANDS AND BUFFER ZONES SHALL BE STAKED AND ROPED TO PREVENT ENCROACHMENT INTO THE WETLANDS. THE PERMI1-FEE SHALL NOTIFY THE SFWMD'S ENVIRONMENTAL COMPLIANCE STAFF IN WRITING UPON COMPLETION OF ROPING AND STAKING AND SCHEDULE AN INSPECTION OF THIS WORK. THE ROPING AND STAKING SHALL BE SUBJECT TO SFWMD STAFF APPROVAL. THE PEP, MIl-FEE SHALL MODIFY THE STAKING AND ROPING IF SFWMD STAFF DETERMINES IT IS INSUFFICIENT OR IS NOT IN CONFORMANCE WITH 1-HE INTENT OF THIS PERMIT. STAKING AND ROPING SHALl REMAIN IN PLACE UNTIL ALL ADJACENT CONSTRUCTION ACTIVITIES ARE COMPLETE. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION. THE PERIMETER OF THE PROTECTED UPLANDS AREAS SHALL'BE STAKED AND ROPED TO PREVENT ENCROACHMENT INTO THE UPLAND PRESERVATION AREAS. THE PERMI1-FEE SHALL NOTIFY THE SFWMD'S ENVIRONMENTAL COMPLIANCE STAFF IN WRITING UPON COMPLETION OF ROPING AND STAKING AND SCHEDULE AN INSPECTION OF THIS WORK. THE PERMITTEE SHALL MODIFY THE STAKING AND ROPING IF SFWMD STAFF DETERMINES IT IS INSUFFICIENT OR IS NOT IN CONFORMANCE WITH.THE INTENT OF THIS PERMIT. STAKING AND ROPING SHALL REMAIN IN PLACE UNTIL ALL ADJACENT CONSTRUCTION ACTIVITIES ARE COMPLETE. 11. 12. 13. 14. 15. 16. 17. PERMIT NO: 11-01761-P PAGE 3 OF 10 THE SFWMD RESERVES THE RIGHT TO REQUIRE REMEDIAL MEASURES TO BE TAKEN BY THE PERMI1-FEE IF WETLAND AND/OR UPLAND MONITORING OR OTHER INFORMATION DEMONSTRATES THAT ADVERSE IMPACTS TO PROTECTED. CONSERVED. INCORPORATED OR MITIGATED WETLANDS OR UPLANDS MAVE OCCURRED DUE TO PRO,)ECT RELATED ACTIVITIES. ANY FUTURE CHANGES IN LAND USE OR TREATMENT OF WETLANDS AND/OR UPLAND BUFFER/COMPENSATION AREAS MAY REQUIRE A SURFACE WATER MANAGEMENT PERMIT MODIFICATION AND ADDITIONAL ENVIRONMENTAL REVIEW BY DISTRICT STAFF. PRIOR TO THE PERMIl-l~EE INSTITUTING ANY FUTURE CHANGES NOT AUTHORIZED BY THIS PERMIT. THE PERMITTEE SHALL NOTIFY THE SFWMO OF SUCH INTENTIONS FOR A DETERMINATION OF ANY NECESSARY PERMIT MODIFICATIONS. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE SUCCESSFUL COMPLETION OF THE MITIGATION WORK. INCLUDING THE MONITORING AND MAINTENANCE OF THE MITIGATION AREAS FOR THE DURATION OF THE PLAN. THE MITIGATION AREA(S) SHALL NOT BE TURNED OVER TO THE OPERATION ENTITY UNTIL THE MITIGATION WORK IS ACCOMPLISHED AS PERMI1-FED AND SFWMD STAFF HAS CONCURRED. EACH APPLICATION FOR CONSTRUCTION OF FIJllJRE PHASES OF THE PERMIT SHALL BE ACCOMPANIED BY AN UPDATED SUltMARY AND MAP WHICH SHOWS THE LOCATION AND ACREAGE OF THE WETLAND(S) IMPACTED TO DATE. AND THE EXISTING MITIGATION AREAS FOR THE ENTIRE PROJECT. A WETLAND MONITORING PROGRAM SHALL BE IMPLEMENTED WITHIN THE PROTECTED WETLANDS AND UPLANDS AND DETENTION AREAS. MONITORING SHALL BE CONDUCTED IN ACCORDANCE WITH EXHIBIT(S) 19. 20 AND 24-40 AND SHALL INCLUDE ANNUAL REPORTS SUBMITTED TO THE SFWMD FOR REVIEW. MONITORING. SHALL CONTINUE .FOR A PERIOD OF 5 YEARS. (1) A WETLAND MITIGATION PROGRAM FOR MEDITERRA SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT(S) 19. 20 AND 24-40. THE PERMI1-FEE SHALL RESTORE/CREATE 1.29 ACRES OF FORESTED WETLANDS AND 5.86 ACRES OF HERBACEOUS/SHRUB WETLANDS. ENHANCE 249.44 ACRES OF FORESTED WETLANDS AND 24.42 ACRES OF HERBACEOUS/SHRUB WETLANDS AND PRESERVE 36.54 ACRES OF UPLAND COMPENSATION AREA(S). (2) A WETLAND MITIGATION PROGRAM FOR MEDITERRA PHASE I CONSTRUCTION AND OPERATION SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT(S) 19. 20 AND 24- 40. THE PERMII-i'EE SHALL RESTORE/CREATE 2.8 ACRES OF HERBACEOUS/SHRUB WETLANDS. ENHANCE 84.3 ACRES OF FORESTED WETLANDS AND 12.34 ACRES OF HERBACEOUS/SHRUB WETLANDS AND PRESERVE 18.29 ACRES OF UPLAND COMPENSATION AREA(S). A BASELINE WETLAND MONITORING REPORT SHALL BE CONDUCTED IN ACCORDANCE WITH EXHIBIT(S) 19. 20 AND 24-40. A TIME ZERO WETLAND MONITORING REPORT SHALL BE CONDUCTED IN ACCORDANCE WITH EXHiBiT(S) 19. 20 AND 24-40 FOR ALL CREATED WETLANDS AND SHALL INCLUDE A SURVEY OF THE AREAL EXTENT AND CROSS SECTIONAL ELEVATIONS OF THE CREATED WETLAND AREAS. PANORAMIC PHOTOGRAPHS. AND A DESCRIPTION OF PLANTED SPECIES SIZES AND DENSITIES OR MULCHING METHODOLOGY. THE WETLAND CONSERVATION AREAS AND UPLAND BUFFER ZONES AND/OR UPLAND PERMIT NO: PAGE 4 OF 11-01761-P 10 PRESERVATION AREAS SHOWN ON EXHIBIT(S) 2-9 AND 19 MAY IN NO WAY BE ALTERED FROM THEIR NATURAL STATE. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE. BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND: DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH: REMOVAL OR DESTRUCTION OF TREES. SHRUBS. OR OTHER VEGETATION - WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL: EXCAVATION. DREDGING. OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING: AND ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE. FLOOD CONTROL. WATER CONSERVATION. EROSION CONTROL. OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. t9. WETL~D PRESERVATION/MITIGATION AREAS. UPLAND BUFFER ZONES AND/OR UPLAND PRESERVATION AREAS SHALL BE DEDICATED AS CONSERVATION AND COMMON AREAS IN THE DEED RESTRICTIONS/CONSERVATION EASEMENTS AS WELL AS ON THE PLAT IF THE PROJECT WILL BE PLAI-fED. RESTRICTIONS FOR USE OF THE CONSERVATION/COMMON AREAS SHALL STIPULATE: THE WETLAND PRESERVATION/MITIGATION AREAS. UPLAND BUFFER ZONES. AND/OR UPLAND PRESERVATION AREAS ARE HEREBY DEDICATED AS CONSERVATION AND COMMON AREAS. THE CONSERVATION/COMMON AREAS SHALL BE THE PERPETUAL RESPONSIBILITY OF LONG BAY PARTNERS. LLCAND MAY IN NOWAY BE ALTERED FROM THEIR NATURAL STATE AS DOCUMENTED IN PERMIT FILE. WITH THE EXCEPTION OF PERMITTED RESTORATION ACTIVITIES. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE. BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH REMOVAL OR DESTRUCTION OF TREES. SHRUBS. OR OTHER VEGETATION - WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL: EXCAVATION. DREDGING. OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING: AND ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE. FLOOD CONTROL. WATER CONSERVATION. EROSION CONTROL. OR. FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. COPIES OF RECORDED DOCUMENTS SHALL BE SUBMII-FED CONCURRENT WITH ENGINEERING CERTIFICATION OF CONSTRUCTION COMPLETION. 20. ACTIVITIES ASSOCIATED WITH IMPLEMENTATION OF THE WETLAND MITIGATION. MONITORING AND MAINTENANCE SHALL BE IN ACCORDANCE WITH THE FOLLOWING WORK SCHEDULE. ANY DEVIATION FROM THESE TIME FRAMES SHALL REQUIRE FORMAL SFWMD APPROVAL. SUCH REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE (1) REASON FOR THE MODIFICATION; (2) PROPOSED START/FINISH DATES; AND (3) PROGRESS REPORT ON THE STATUS OF THE EXISTING MITIGATION EFFORTS. COMPLETION DATE ACTIVITY JUNE 15. JULY 31. DECEMBER DECEMBER DECEMBER DECEMBER DECEMBER DECEMBER DECEMBER 2000 2000 15 2000 31 2000 15 2001 15 2002 15 2003 15, 2004 15 2005 'SFWMD INSPECTIONS OF RE-GRADED MITIGATION AREAS BASELINE MONITORING REPORT TIME ZERO MONITORING REPORT SUBMII-~AL OF CONSERVATION EASEMENT FIRST MONITORING REPORT SECOND MONITORING REPORT THIRD MONITORING REPORT FOURTH MONITORING REPORT FIFTH MONITORING REPORT ENDANGERED SPECIES. THREATENED SPECIES. OR SPECIES OF SPECIAL CONCERN HAVE BEEN 08SERVED ONSITE AND/OR THE PROJECT CONTAINS SUITABLE HABITAT FOR THESE PERMIT NO: 11-01761-P PAGE 5 OF 10 SPECIES. IT SHALL BE THE PERMI1-TEE'S RESPONSIBILITY TO COORDINATE WITH THE FLORIDA GAME AND FRESH WATER FISH COMMISSION AND/OR U.S. FISH AND WILDLIFE SERVICE FOR APPROPRIATE GUIDANCE. RECOMMENDATIONS. AND/OR NECESSARY PERMITS TO AVQID IMPACTS TO LISTED SPECIES. 22. IF THE PROJECT DESIGN IS CHANGED AS A RESULT OF OTHER AGENCY REQUIREMENTS. AN ENVIRONMENTAL RESOURCE PERMIT MODIFICATION MAY BE REQUIRED. THE PERMITEE SHALL NOTIFY SFWMD STAFF OF DESIGN CHANGES REQUIRED BY OTHER AGENCIES FOR A DETERMINATION OF ANY NECESSARY PERMIT MODIFICATIONS. 23. A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED FOR THE WETLAND AND UPI_AND PRESERVES ON A REGULAR BASIS TO ENSURE THE INTEGRITY AND VIABILITY OF THESE AREAS AS PERMI1-FED. MAINTENANCE SHALL BE CONDUCTED IN PERPETUITY TO ENSURE THAT THE WETLAND AND UPLAND PRESERVES ARE FREE FROM EXOTIC VEGETATION (AS CURRENTLY DEFINED BY THE FLORIDA EXOTIC PEST PLANT COUNCIL~ IMMEDIATELY FOLLOWING A MAINTENANCE ACTIVITY AND THAT EXOTIC AND NUISANCE SPECIES SHALL CONSTITUTE NO MORE THAN 53 OF TOTAL-COVER. 24. (A) NO LATER THAN DECEMBER 31. 2000. THE PERMII-FEE SHALL SUBMIT FOR REVIEW AND APPROVAL. TWO (2) COPIES OF THE FOLLOWING. FOR CONSERVATION AREAS 1. 2. 2. 4A. 5. 6. 7 AND 8 (PHASE I ACTIVITIES)' 1. PROJECT MAP IDENTIFYING CONSERVATION EASEMENT AREAS 2. BOUNDARY SKETCH. LEGAL DESCRIPTION AND ACREAGE OF CONSERVATION EASEMENTAREAS 3. SIGNED CONSERVATION EASEMENT THE ABOVE INFORMATION SHALL BE SUBMII-FED TO THE NATURAL RESOURCE MANAGEMENT POST PERMIT COMPLIANCE STAFF IN THE DISTRICT SERVICE CENTER WHERE THE APPLICATION WAS SUBMITTED. (B) THE PERMITTEE SHALL RECORD A CONSERVATION EASEMENT OVER THE REAL PROPERTY DESIGNATED AS CONSERVATION AREA ON THE AI-I'ACHED EXHIBITS 3-9 AND 19. THE EASEMENT SHALL BE GRANTED FREE OF ENCUMBRANCES OR INTERESTS WHICH THE DISTRICT DETERMINES ARE CONTRARY TO THE INTENT OF THE EASEMENT. THE CONSERVATION EASEMENT SHALL BE GRANTED TO THE DISTRICT USING THE APPROVED FORM A1-FACHED HERETO AS EXHIBIT 21. ANY PROPOSED MODIFICATIONS TO THE APPROVED FORM MUST RECEIVE PRIOR WRITTEN CONSENT FROM THE DISTRICT. (C) THER PERMI1-FEE SHALL RECORD THE CONSERVATION EASEMENT IN THE PUBLIC RECORDS WITHIN 14 DAYS OF RECEIVING THE DISTRICT'S APRPOVAL OF THE ABOVE SUBMITTED INFORMATION. UPON RECORDATION. THE PERMII-I'EE SHALL FORWARD THE ORIGINAL RECORDED EASEMENT TO THE NATURAL RESOURCE MANAGEMENT POST PERMIT COMPLIANCE STAFF IN THE SERVICE CENTER WHERE THE APPLICATION WAS SUBMITTED. 25. PRIOR TO THE COMMENCEMENT OF ANY SITE ACTIVITY AUTHORIZED BY THIS PERMIT. A PRE-CONSTRUCTION MEETING SHALL BE HELD WITH SFWMD FIELD ENGINEERING AND ENVIRONMENTAL POST PERMIT COMPLIANCE STAFF. 26. A WETLAND WATER LEVEL MONITORING PROGRAM SHALL BE INSTITUTED ON THE PHASE 2 PORTION OF THE PROJECT SITE. A WATER LEVEL MONITORING PLAN SHALL BE SUBMITTED TO THE DISTRICT BY DECEMBER 31. 1999 FOR REVIEW AND APPROVAL. WATER LEVEL MONITORING SHALL COMMENCE WITHIN 30 DAYS OF RECEIVING APPROVAL OF THE WATER LEVEL MONITORING PLAN AND SHALL CONTINUE UNTIL AN APPLICATION PERMIT NO- 11-01761-p PAGE 6 OF 10 FOR PHASE 2 CONSTRUCTION IS SUBMI1-FED FOR REVIEW. THE DATA COLLECTED FROM THIS MONITORING PROGRAM WILL BE UTILIZED IN 1-HE ANALYSIS OF THE ENVIRONMENTAL RESOURCE PERMIT MODIF.ICATION REQUEST FOR PHASE 2 CONSTRUCTION' WHEN SUBMI1-FED. REVIEW OF THIS INFORMATION MAY RESUtT IN THE NEED TO MODIFY THE CONCEPTUALLY APPROVED SURFACE WATER MANAGEMENT DESIGN. 27. PRIOR TO CONSTRUCTION OF PHASE 2. THE PEP, MIl-FEE SHALL PROVIDE THE DISTRICT WITH A LE1-FER OF COMMITMENT FROM THE PANTHER ISLAND MITIGATION BANK (SFWMD PERMIT #11-00002-M) DEMONSTRATING THAT THE PERMITTEE HAS PURCHASED 7.5 CREDITS AS MITIGATION TO OFFSET THE 12.20 ACRES OF WETLAND IMPACTS. 28. THIS PERMIT SUPERCEDES PERMIT NUMBER 11o01522-S PREVIOUSLY ISSUED FOR LIVINGSTON ROAD COUNTRY CLUB. o GENERAL CONDITIONS PERMIT NO' 11-01761-P' PAGE 7 OF 10 ALL ACTIVITIES AUTHORIZED BY THIS PERMIT SHALL BE IMPLEMENTED AS SET FORTH IN THE PLANS, SPECIFICATIONS AND PERFORMANCE CRITERIA AS APPROVED BY THIS PERMIT. ANY DEVIATION FROM THE PERMITTED ACTIVITY AND THE CONDITIONS FOR UNDERTAKING THAT ACTIVITY SHALL CONSTITUTE A VIOLATION OF THIS PERMIT AND PART IV. CHAPTER 373. F.S. THIS PERMIT OR A COPY THEREOF, COMPLETE WITH ALL CONDITIONS. AI-FACHMENTS, EXHIBITS. AND MODIFICATIONS SHALL BE KEPT ATTHE WORK SITE OF THE PERMII-I-ED ACTIVITY. THE COMPLETE PERMIT SHALL BE AVAILABLE FOR REVIEW AT THE WORK SITE UPON REQUEST BY THE DISTRICT STAFF. THE PERMIl-~EE SHALL REQUIRE THE CONTRACTOR TO REVIEW THE COMPLETE PERMIT PRIOR TO COMMENCEMENT OF THE ACTIVITY AUTHORIZED BY THIS PERMIT. ACTIVITIES APPROVED BY THIS PERMIT SHALL BE CONDUCTED IN A MANNER WHICH DOES NOT CAUSE VIOLATIONS OF STATE WATER QUALITY STANDARDS. THE PERMITTEE SHALL IMPLEMENT BEST MANAGEMENT PRACTICES FOR EROSION AND POLLUTION CONTROL TO PREVENT VIOLATION OF STATE WATER QUALITY STANDARDS. TEMPORARY EROSION CONTROL SHALL BE IMPLEMENTED PRIOR TOAND DURING CONSTRUCTION. AND PERMANENT CONTROL MEASURES SHALL BE COMPLETED WITHIN 7 DAYS OF ANY CONSTRUCTION ACTIVITY. TURBIDITY BARRIERS SHALL BE INSTALLED AND MAINTAINED ATALL LOCATIONS WHERE THE POSSIBILITY OF TRANSFERRING SUSPENDED SOLIDS INTO THE RECEIVING WATERBODY EXISTS DUE TO THE PERMITTED WORK. TURBIDITY BARRIERS SHALL REMAIN IN PLACE AT ALL LOCATIONS UNTIL CONSTRUCTION IS COMPLETED AND SOILS ARE STABILIZED AND VEGETATION HAS BEEN ESTABLISHED. ALL PRACTICES SHALL BE IN ACCORDANCE WITH THE GUIDELINES AND SPECIFICATIONS DESCRIBED IN CHAPTER 6 OF THE FLORIDA LAND DEVELOPMENT MANLIAL: A GUIDE TO SOUND LAND AND WATER MANAGEMENT (DEPARTMENT OF ENVIRONMENTAL REGULATION, 1988). INCORPORATED BY REFERENCE IN RULE 40E-4.091, F.A.C. UNLESS A PRO~ECT- SPECIFIC EROSION AND SEDIMENT CONTROL PLAN IS APPROVED AS PART OF THE PERMIT. THEREAFTER THE PERMI1-FEE SHALL BE RESPONSIBLE FOR THE REMOVAL OF THE BARRIERS. THE PERMII-FEE SHALL CORRECT ANY EROSION OR SHOALING THAT CAUSES ADVERSE IMPACTS TO THE WATER RESOURCES. THE PERMII-fEE SHALL NOTIFY THE DISTRICT OF THE ANTICIPATED CONSTRUCTION START DATE WITHIN 30 DAYS OF THE DATE THAT THIS PERMIT IS ISSUED. AT LEAST 48 HOURS PRIOR TO COMMENCEMENT OF ACTIVITY AUTHORIZED BY THIS PERMIT, THE PERMITTEE SHALL SUBMIT TO THE DISTRICT AN ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION COMMENCEMENT NOTICE FORM NO. 0960 INDICATING THE ACTUAL START DATE AND THE EXPECTED COMPLETION DATE. WHEN THE DURATION OF CONSTRUCTION WILL EXCEED ONE YEAR. THE PERMITTEE SHALL SUBMIT CONSTRUCTION STATUS REPORTS TO THE DISTRICT ON AN ANNUAL BASIS UTILIZING AN ANNUAL STATUS REPORT FORM. STATUS REPORT FORMS SHALL BE SUBMII-FED THE FOLLOWING JUNE OF EACH YEAR. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE PERMI1-FED ACTIVITY. THE PERMI1-FEE SHALL SUBMIT A WRI1-FEN STATEMENT OF COMPLETION AND PERMIT NO' 11-01761-P PAGE 8 OF 10 CERTIFICATION BY A REGISTERED PROFESSIONAL ENGINEER OR OTHER APPROPRIATE INDIVIDUAL AS AUTHORIZED BY LAW. UTILIZING THE SUPPLIED ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION FORM N0.0881. THE STATEMENT OF COMPLETION AND CERTIFICATION SHALL BE BASED ON ONSITE OBSERVATION OF CONSTRUCTION OR REVIEW OF ASBUILT DRAWINGS FOR THE PURPOSE OF DETERMINING IF THE WORK WAS COMPLETED IN COMPLIANCE WITH PERMI1-FED PLANS AND SPECIFICATIONS. THIS SUBMITTAL SHALL SERVE TO NOTIFY THE DISTRICT THAT THE SYSTEM IS READY FOR INSPECTION. ADDITIONALLY. IF DEVIATION FROM THE APPROVED DRAWINGS ARE DISCOVEREO DURING THE CERTIFICATION PROCESS. THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. BOTH THE ORIGINAL AND REVISED SPECIFICATIONS MUST BE CLEARLY SHOWN. THE PLANS MUST BE CLEARLY LABELED AS "ASBUILT" OR "RECORD" DRAWING. ALL SURVEYED DIMENSIONS AND ELEVATIONS SHALL BE CERTIFIED BY A REGISTERED SURVEYOR. THE OPERATION PHASE OF THIS PERMIT SHALL NOT BECOME EFFECTIVE: UNTIL THE PERMII-FEE HAS COMPLIED WITH THE REQUIREMENTS OF CONDITION (6) ABOVE. HAS SUBMII-FED A REQUEST FOR CONVERSION OF ENVIRONMENTAL RESOURCE PERMIT FROM CONSTRUCTION PHASE TO OPERATION PHASE. FORM N0.0920: THE DISTRICT DETERMINES THE SYSTEM TO BE IN COMPLIANCE WITH THE PERMITTED PLANS AND SPECIFICATIONS: AND THE ENTITY APPROVEO BY THE DISTRICT IN ACCOROANCE WITH SECTIONS 9.0 ANO 10.0 OF THE BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT - AUGUST 1995. ACCEPTS RESPONSIBILITY FOR OPERATION AND MAINTENANCE OFT HE SYSTEM. THE PERMIT SHALL NOT BE TRANSFERREO TO SUCH APPROVEO OPERATION ANO MAINTENANCE ENTITY UNTIL THE OPERATION PHASE OF THE PERMIT BECOMES EFFECTIVE. FOLLOWING INSPECTION AND APPROVAL OF THE PERMI1-FED SYSTEM BY THE DISTRICT. THE PERMITTEE SHALL INITIATE TRANSFER OF THE PERMIT TOTHE APPROVED RESPONSIBLE OPERATING ENTITY IF DIFFERENT FROM THE PERMITTEE. UNTIL THE PERMIT IS TRANSFERRED PURSUANT TO SECTION 40E-1.6107. F.A.C.. THE PERMI1-FEE SHALL BE LIABLE FOR COMPLIANCE WITH THE TERMS OF THE PERMIT. EACH PHASE OR INDEPENDENT PORTION OF THE PERMI1-FED SYSTEM MUST BE COMPLETED IN ACCORDANCE WITH THE PERMITTED PLANS AND PERMIT CONDITIONS PRIOR TO THE INITIATION OF THE PERMI1-FED USE OF SITE INFRASTRUCTURE LOCATED WITHIN THE AREA SERVED BY THAT PORTION OR PHASE OF THE SYSTEM. EACH PHASE OR INDEPENDENT PORTION OF THE SYSTEM MUST BE COMPLETED IN ACCORDANCE WITH THE PERMI1-FED PLANS AND PERMIT CONDITIONS PRIOR TO TRANSFER OF RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE PHASE OR PORTION OF ll-]E SYSTEM TO A LOCAL GOVERNMENT OR OTHER RESPONSIBLE ENTITY. FOR THOSE SYSTEMS THAT WILL BE OPERATED OR MAINTAINED BY AN ENTITY THAT WILL REQUIRE AN EASEMENT OR DEED RESTRICTION IN ORDER TO ENABLE THAT ENTITY TO OPERATE OR MAINTAIN THE SYSTEM IN CONFORMANCE WITH THIS PERMIT. SUCH EASEMENT OR DEED RESTRICTION MUST BE RECORDED IN THE PUBLIC RECORDS AND SUBMI1-FED TO THE DISTRICT ALONG WITH ANY OTHER FINAL OPERATION AND MAINTENANCE DOCUMENTS REQUIRED BY SECTIONS 9.0 AND 10.0 OF THE BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT - AUGUST 1995. PRIOR TO LOT OR UNIT SALES OR PRIOR TO THE COMPLETION OF THE SYSTEM. WHICHEVER OCCURS FIRST. OTHER DOCUMENTS CONCERNING THE ESTABLISHMENT AND AUTHORITY OF THE OPERATING ENTITY MUST BE FILED WITH THE SECRETARY OF STATE WHERE APPROPRIATE. FOR THOSE SYSTEMS WHICH ARE PROPOSED TO BE MAINTAINED BY THE COUNTY OR MUNICIPAL ENTITIES. FINAL OPERATION AND MAINTENANCE DOCUMENTS MUST BE RECEIVED BY THE 10. .11. 12. 13. 14. 15. 16. PERMIT NO~ PAGE 9 OF 11-01761~-p 10 DISTRICT WHEN MAINTENANCE AND OPERATION OF THE SYSTEM IS ACCEPTED BY THE LOCAL GOVERNMENT ENTITY. FAILURE TO SUBMIT THE APPROPRIATE FINAL DOCUMENTS WILL RESULT IN THE PERMITTEE REMAINING LIABLE FOR CARRYING OUT MAINTENANCE AND OPERATION OF THE PEP, MIl-FED SYSTEM AND ANY OTHER PERMIT CONDITIONS. SHOULD ANY OTHER REGULATORY AGENCY REQUIRE CHANGES TO THE PERMI1-FED SYSTEM, THE PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING OF THE CHANGES PRIOR TO IMPLEMENTATION SO THAT A DETERMINATION CAN BE MADE WHETHER A PERMIT MODIFICATION IS REQUIRED. THIS PERMIT DOES NOT ELIMINATE THE NECESSITY TO OBTAIN ANY REQUIRED FEDERAL, STATE, LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START OF ANY ACTIVITY APPROVED BY THIS PERMIT. THIS PERMIT DOES NOT CONVEY TO THE PERMI1-FEE OR CREATE IN THE PERMI1-FEE ANY PROPERTY RIGHT, OR ANY INTEREST IN REAL PROPERTY. NOR DOES IT AUTHORIZE ANY ENTRANCE UPON OR ~CTIVITIES ON PROPERTY WHICH IS NOT OWNED OR CONTROLLED BY THE PERMII-I'EE, OR CONVEY ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPI'ER 40E-4 OR CHAPTER 40E-40. F.A.C. THE PEP, MIl-FEE IS HEREBY ADVISED THAT SECTION 252.77. F.S. STATES THAT A PERSON MAY NOT COMMENCE ANY EXCAVATION. CONSTRUCTION.'OR OTHER ACTIVITY INVOLVING THE USE OF SOVEREIGN OR OTHER LANDS OF THE STATE. THE TIll. E TO WHICH IS VESTED IN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENTI'RUST FUND WITHOUT OBTAINING THE REQUIRED LEASE. LICENSE. EASEMENT. OR OTHER FORM OF CONSENT AUTHORIZING THE PROPOSED USE. THEREFORE. THE PERMI1-FEE IS RESPONSIBLE FOR OBTAINING ANY NECESSARY AUTHORIZATIONS FROM THE BOARD OF TRUSTEES PRIOR TO COMMENCING ACTIVITY ON SOVEREIGNLY LANDS OR OTHER STATE- OWNED LANDS. THE PERMI1-FEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING. UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E-20.302(4). F.A.C.. ALSO KNOWN AS THE "NO NOTICE" RULE. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS. OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, ALTERATION. OPERATION. MAINTENANCE. REMOVAL. ABANDONMENT OR USE OF ANY SYSTEM AUTHORIZED BY THE PERMIT. ANY DELINEATION OF THE EXTENT OF A WETLAND OR OTHER SURFACE WATER SUBMITTED AS PART OF THE PERMIT APPLICATION. INCLUDING PLANS OR OTHER SUPPORTING DOCUMENTATION. SHALL NOT BE CONSIDERED BINDING UNLESS A SPECIFIC CONDITION OF THIS PERMIT OR A FORMAL DETERMINATION UNDER SECTION 373.421(2). F.S.. PROVIDES OTHERWISE. THE PERMI1-FEE SHALL NOTIFY THE DISTRICT IN WRITING WITHIN 30 DAYS OF ANY SALE. CONVEYANCE. OR OTHER TRANSFER OF OWNERSHIP OR CONTROL OF A PERMII-FED SYSTEM OR THE REAL PROPERTY ON WHICH THE PERMI1-FED SYSTEM IS LOCATED. ALL TRANSFERS OF OWNERSHIP OR TRANSFERS OF A PERMIT ARE SUBJECT TO THE REQUIREMENTS OF RULES 40E-1.6105 AND 40E-1.6107. F.A.¢. THE PERMI1-TEE TRANSFERRING THE PERMIT SHALL REMAIN LIABLE FOR CORRECTIVE ACTIONS THAT MAY BE REQUIRED AS A RESULT OF ANY VIOLATIONS PRIOR TO THE SALE. CONVEYANCE OR OTHER TRANSFER OF THE SYSTEM. 17. UPON REASONABLE NOTICE TO THE PERMITTEE. DISTRICT AUTHORIZED STAFF WITH PERMIT NO' 11-01761-P PAGE 10 OF 10 PROPER IDENTIFICATION SHALL HAVE PERMISSION TO ENTER. INSPECT. SAMPLE AND TEST THE SYSTEM TO INSURE CONFORMITY WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE PERMIT. 18. IF HISTORICAL OR ARCHAEOLOGICAL ARTIFACTS ARE DISCOVERED AT ANY TIME ON THE PROJECT SITE. THE PERMI1-FEE SHALL IMMEDIATELY NOTIFY THE APPROPRIATE DISTRICT SERVICE CENTER. 19. THE PERMI1-FEE SHALL IMMEDIATELY NOTIFY THE DISTRICT IN WRITING OF ANY PREVIOUSLY SUBMI1-FED INFORMATION THAT IS LATER DISCOVERED TO BE INACCURATE. EHV'[R.OIN~E~N~AL RESOURC~ PER~L~ C~APT~R4OE-4 40!~-4.32L Oucation of Perrnil:s Unless revoked or otherwi~ modified the duration of an environmental resource permit issued under this chapter or Chapter 40E-40, F.A.C. is as follows: (a) For a conceptual approval, two years fn~m the date of issuance or the date spedFa~l as a condition of the p~mit, unless within that period an appr~tio~ for an incl~,idual or standard general permit is filed for any pordon of the project, if an application for an envatmmental resource permit is filed, then the conceptual approval remains valid unl~l final action is taken .oil I~e envin:m, meff~al resoun3e permit application. If the application is g~nted, then the concepCu~ aplxoval is valid for an ackffdonal two years from the date of issuance of the pem~ C.x~cepl~l approvals v~ich Ik~ve no In<fividual or standard general environmental resou~e pe~Tnit applications filed for a pedocl of two years sl~all expire a~lly at the end of the two year period. (b) For a conceotual approval filed conctzrenby with a development of regional Impact (DRD application for development approval (ADA) and a local government (omlxehensive plan ame~dm~t~ the du~tio~ of the oonceptual approval shall be two years from vdllchever one of the following ocoJrs at the latest date: 2. the effective date of the local government developcne~ order. 3. the date on which tJ~e ~ Issues the ~ aOlxovab or " 4~. the latest date of the resolution of any Chapl~ 120.S7, FJLC., admlnlst~Uve ~g or o~er legal appeals. (C) For an individual or standard general environmental resource perm~ five years from the date of issuance or such amount of t~me as made a condaJon of the permit. (d) For a noticed general pemgt issued pursuant to CJ~f~ 406-400, FJLC, five years from the date the notice of intent to use the permit is provided to the Dist~L CzXa) un~ pres~bed by spec~ perm~ concraJon, pemes ex~e aummauc~ aoox~ng to 2. staff takes action on an appr~:alJo~ for extension of a standard general permit. (b) Installation of the project outfall structure shall not constitute a vesting of the pennrc. (3) The permit ext~on shalJ be issued provided that a pennittee files a va~J~n request with cause shall mean a set of extenuating circumstances outside of the oo~ui of the ~ Requests for extensions, which shall include documentation of the extenua~ ~ and how they have delayed Uds project, will notbe accepted more than J.80 days pdor to ~e expirat~ date. (4) Substantial modifx:atiorts to Conceptual Approvals will extend the duraUo~ of the section, the term 'substantial mod~tJon' shall mean a mod'~calJon vd~ch is reasonably ~.to lead to substantially different water resou~e or envkor~nental Impacts ~ require a detailed ~dew. (5) Substantial modifications to incrwidua! or standard general envko~mental resource permrcs issued pursuant to a permit application extend the duratJo~ of the pem~t for three yea~ from the date of issuance of the modification. Individual or standard general environmental resource permit modifications do not extend the duration of a conceptual approval. (6) Permit modifications issued pursuant to subsection 40E-4.331(2)(b), F.A.C. (letter modifications) do not extend the duration of a I~erm/t. (7) Failure to complete construction or alteration of the surface water management system and obtain operation pha~e approval from the District within the permit duraiJon shall require a new permit authoriza~on in order to continue construc~on unless a permit extension is granted. Sl~fic authority 373.044, 373.[[3 F.S. Law [moleme~tecl 37~.4[3, 373.4[6, 373.4[9, 373.q26 F.S. Hi~to~/~lqew 9-3- 8[, Am~qcl~ 1-3[-82, [Z-t-S2, Fo~rnedy 16K-4.07(4), ~cf~Jed 7.[-~6, 4120/94, I0-3-95 WilspnMiller New Directions In Planning, Design & Engineering January 21,2000 Ms. Sherry Long Collier County Engineering Review Services 2800 N. Horseshoe Dr. Naples FL 34104 JAN 2 0 2000 Subject: Mediterra - Unit One Preliminary Work Authorization Dear Sherry: Pursuant to Section 3.2.7.3.6 of the Collier County Land Development Code, please find the following for your review and approval: 1. One (1) original signed Preliminary Work Authorization. 2. One (1) copy of the South Florida Water Management District Permit No. 11-01761-P for Mediterra. 3. 8 %" x 11" copy of plat. We trust that the above information and enclosed documents are sufficient for staff review and approval. Please do not hesitate to contact me if you should have any questions. Sincerely, WilsonMiller, Inc. Ra~ym ond~j, p~a~c ente~-'~~:~'~ Senior Project Designer Encls. Vince Barraco, BBP, w/enclosures Donna Langford, BBP, w/enclosures Run Waldrop, WM, Inc., w/o enclosures John Boutwell, WM, Inc., w/o enclosures Klm Butler, WM, Inc., w/o enclosures Lisa Flora, WM, Inc., w/enclosures Naples Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane, Suite 200 Naples, F/or/da 34105-8507 941-649-4040 ~ 941-643-5716 www. wilsonmiller, com