Bridgewater Bay Unit OneCOMMUNITY bEVELOPMENT &
ENVIRONMENTAL SERVICES blVlSlON
EN6INEERIN8 REVIEW SEc'rlON
MEMORANbUM
TO: Sue Fiison, Administrative Assistant
FROM: ,Tohn R. Houldsworth, 5enior Engineer
~er, I {~
bATE: M=;-eh 31, 2000
RE:
Bridgewater Bay Unit One
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Bridgewater Bay 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 quest'ions, please advise.
jrh
CC:
Project File
Reading File
BRIDGEWATER BAY, UNIT ONE
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this 7fi:~., day of ~ ,
2000, by and between the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as "County", and LB/P - GROVEWAY, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, (hereinafter "Owner").
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 98-6 known as the
OAK GROVE PUD (a.k.a. Bridgewater Bay) Ordinance, hereina~er referred to as the PUD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of the
lands described in BRIDGEWATER BAY, UNIT ONE, said legal description attached hereto as
Exhibit "A: and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District issued a surface water
management permit for BRIDGEWATER BAY, SFWMD Application No. 000207-15; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because construction of infrastructure needs to occur as soon as possible due to economic and
development schedule reasons; 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:
Page I
SECTION 1 - 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.
SECTION 2 - IMPROVEMENTS
Owner shall be permitted to perform site preparation and construction activities subject to
the conditions, limitations and restrictions contained in Sections 3 through 7 below, as
follows:
Earthwork necessary for the installation of water and sewer lines, drainage pipes,
swales and roadbed preparation.
2. Installation of storm drainage pipes and swales.
The preliminary work detailed in this Section shall be in accordance with plans entitled
BRIDGEWATER BAY, UNIT ONE consisting of 22 sheets, prepared by HOLE, MONTES &
ASSOCIATES, INC., dated OCTOBER, 1999 and revised MARCH, 2000, hereinafter referred
to as "The Preliminary Work." The legal description of the boundaries of the Preliminary Work
is shown on the preliminary plat for BRIDGEWATER BAY, UNIT ONE consisting of 7 sheets
prepared by THOMAS M. MURPHY, PSM., HOLE, MONTES AND ASSOCIATES, INC.
Bs
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:
BRIDGEWATER BAY, UNIT ONE, construction plans consisting of 22 sheets
prepared by Hole, Montes and Associates, Inc.
BRIDGEWATER BAY, UNIT ONE, final plat consisting of 7 sheets prepared by
Hole, Montes& Associates, Inc.
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
A,
County staff finding that the applications for Preliminary Work Permits are complete and
satisfactory and are ready for scheduling to the Board of County Commissioners for final
plat approval.
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
Page 2
of the South Florida Water Management District, which conforms with the Preliminary
Work Release plans submitted to the County.
SECTION 4 - INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss,
damage or expenses from claims or causes of action, including attorneys fees and court costs,
resulting from, arising out of, or 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 the Agreement.
SECTION 5 - RESTRICTIONS
This Agreement shall be binding upon the parties and is not transferable.
SECTION 6 - LIMITATIONS
This Agreement shall expire thirty (30) days from the date of the issuance of the
Preliminary Work Permits if the project's final plat is not submitted to the Board of County
Commissioners for approval pursuant to Division 3.2 of the Land Development Code, unless the
Owner is delayed in having his final plat reviewed by the Board due to the fault of the County.
All work approved by this Agreement must cease and not restart if the final plat is not submitted
and approved by the Board of County Commissioners within this authorization period. No work
is authorized under this Agreement prior to satisfying the conditions 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.
P~e3
1N WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Signed, Sealed, and Delivered
In the presence of:
'~ih~c r Ty-.,e Nam~'~'~e~
,:.,,~',' '=Print0~0~T~y~e N~am~
~ .,,~
~... ,~ ~A~EST~::~ '~
~: Dwight BroCk, Clerk
'. Attest .as.to Chatrman's
S t/~8~dOal~]t~,fonn and legal sufficiency:
C_.David C. Weigel, County Attorney
OWNER
LB/P-Groveway, LLC,
a Delaware Limited Liability Company
BY: GROVEWAY DEVELOPMENT, L.C.,
its Managing Member
Smart Wood, Managing Member
BOARD COUNTY C~OMMISSIONERS
OF CO LIER,COUNTY FL~,~_~,Z,e~
Tim C hai
STATE OF: Florida
COUNTY OF: Collier
~ The foregoing instrument was acknowledged before me this ~O~ day of/r/Y~c~
t-999 by Stuart Wood, as Managing Member of Groveway Development, L.C., ManaRind
Member of LB/P-Groveway, LLC, a Delaware Limited Liability Company, who ' personally
known to me or who hP~ produced N/~ ' ' ' i o
as i4,en/~~/~anY'~ cl riot t t'.e
~ oath.-
My Commission Expires
NOTARY PUBLIC
Commission Number
Printed Name of Notary Public
W:\1999\1999006\wtc\preliminaryworkauthorizationBBUnitOnc.doc
Page 4
PROPERTY DESCRIPTION
A PARCEL OF LAND LYING IN AND BEING A PART OF SECTION 1, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE Vile:ST 1/4 CORNER OF SECTION 6, SAID POINT BEING THE EAST 1/4
CORNER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNIY, FLORIDA;
THENCE:" ALONG THE THE EAST UNE OF THE NORTHEAST 1/4. OF SECTION 1 NORTH
02'--03'-56" WEST 1585.97 FEET TO THE SOUTH UNE OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF SAID SECTION 1;
THENCE ALONG SAID SOUTH UNE NORTH 89'-23'-¢3" WEST 2701.52 FEET TO A POINT
ON THE EAST UNE OF LAKESIDE OF NAPLES AT CITRUS GREENS ACCORDING
TO PLAT BOOK 15, PAGE 83 - 88 PUBLIC RECORDS, COLLIER COUNTY, FLORIDA.
THENCE ALONG SAID EAST LINE SOUTH 02'-4.9'-35' EAST 1589.11 FEET TO THE
SOUTHEAST CORNER OF SAID LAKESIDE OF NAPLES AT CITRUS GREENS;
THENCE ALONG THE SOUTH LINE OF SAID LAKESIDE OF NAPLES AT CITRUS GREENS NORTH
89'-28'-42" WEST 137.24 FEET TO THE NORTHEAST CORNER OF THE
EAST 1/2 OF THE NORTHEAST 1/4. OF THE NORTHEAST 1/4. OF THE SOUTHWEST 1/4 OF
SECTION 1, TOWNSHIP 4.9 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
THENCE ALONG THE EAST UNE OF SAID PARCEL SOUTH 02'-47'-38" EAST 518.64. FEET
TO THE NORTHWEST CORNER OF A PARCEL OF LAND OWNED BY THE FIRST
BAPTIST CHURCH OF NAPLES AS SHOWN ON A SURVEY BY CAROL E. NELSON, P.LS.
DATED FEBRUARY 10, 1996, PROJECT NO. SIT49R25:
THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 89'-26'-34." EAST 2798.87
FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 1;
THENCE ALONG SAID EAST UNE NORTH 00'-4.3'-57' WEST 517.75 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
CONTAINING 131.3 ACRES MORE OR LESS;