Indigo LakesI I I IIIIII III mil
TO:.
DATE: A/~ 18, i 999
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PRELIMINARY WORK AUTIIORIZATION
HIS AGREEMENT made and entered into thisd~y of ~...~,.4::,~-- .19,s~ bv and
tween the Board of County Commissioners ofCollier C.n.n~ ~,-,,-f,4o g..~;.~-~ ,:' -'
..... .,, i-i~aHua ncr~rlnalter relerrecl to as
"County", and Kenco Development, Inc., hereinafter referred to as "Owner".
RECITALS:
WHEREAS, owner represents and warrants it is the record fee title owner of the lands described
herein, said legal description attached hereto as Exhibit "A' and incorporated herein bv reference;
and -
WHEREAS, the South Florida Water Management District has issued an environmental resource
permit for Wyndham Park. now known as Indigo Lakes. SFWMD Permit No. ! 1- 01669-P; and
WItEREAS, Owner represents that thc Preliminary Work Authorization is needed because of
scheduling.difficulties arising out of County's summer schedule; and
WHEREAS. Owner represents and warrants that no construction shall occur in environmentally
sensitive areas unless the necessary permits and approvals for the conslmcti,n have been oblainc~l
by the Owner: and
WltEREAS. Owner acknowledges that ali requirements of Collier County's Growth Management
Plan and Adequate Public Facilities Ordinance, No. 93-82. will be met prior to approval ora final
subdivision plat. or a final site development plan or building permit, as appropriate: and
WHEREAS. Section 3.2.7.3.6 of the l.and Development (,ode establishes a mechanism fi~r
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:
SECTION I - ACK.NOWLEDGMENT_
The foregoing recitals are true and correct and are incorporated herein by reference. Further. it is
jointly acknowledged that the execution ofthis Agreement does not constitute a Development Order
or any other final approval by Collier County.
SECTION 2 - IMPROVEMENTS
A. 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:
Site clearing, excavation of proposed lakes and site filling and grading.
The preliminary work detailed in this Section shall be in accordance with plans entitled Indigo Lakes
- Phase I consisting of twenty (20) sheets, prepared by Banks Engineering, Inc., hereinafter referred
to as "The Preliminary Work". The legal description ofthe boundaries ofthe preliminary Work is
shown on the preliminary plat for Indigo Lakes consisting of eight (8) sheets prepared by Banks
Engineering, Inc.
B. 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
("Preliminary Work Permits"). These applications are as follows:
1. Collier County Vegetation Removal and Site Grading Permit
2. Collier County Excavation Permit
SECTION 3 - PERMITS REQUIRED
Issuance ofthe Preliminary Work permits shall be conditioned upon the folloxving:
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.
b. Owner submitting to the County a copy of the Environmental Resource 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..
c. Owner submitting to the County a copy of a Dredge & Fill Permit from the U.S. Corps of
Engineers for all matters included in the jurisdiction ofthe U.S. Corps of Engineers. which conforms
with the Preliminary Work release plans submitted to the County.
SECTION 4 - APPROVAI,S
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat
approval once conditions a, b and c in Section 3 above have been satisfied. Owner understands and
acknowledges that no building permit for habitable structures within Indigo Lakes until the Indigo
Lakes 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 ofaction including attorney's 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 - Rt~$TRICTIONS
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 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 of the plat is not submitted and approved by the Board of
County Commissioners within this authorization period. No xvork is authorized under this
Agreement prior to satisfying the conditions (Reference applicable Conditions by Letter) 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 Owner can not 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 ali of the provisions and procedures of the
Land Development Code before the final plat can be submitted to the Board for consideration.
IN ¥,qTNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Witness
Printed Name
K.en/o Dev~:t0pr~.
~e~gr~th P. Sau[~dr
Vice President
nc.
~c~jfness
printed;lqame~' '.
· :ATTEST: '. ,: "
Board of County Commissioners
Col,~:)r
of County, Florida
~. ~i;~l.'~'~l~~ $ Chairwoman , ,~-
Approved ~ ~ fo~ ~d !¢~!
AssiSt County Attorney
ii ~ ~ -' I III I I ......
$EC'TION £7,
PARCEL OF LAND LYING IN
TOWNSHIP 48 SOUTH, RANGE 26
COLLIER COUNTY, .FL OR/DA
EAST,
DESCRIPTION
THE NORTH 1/'2 OF THE SOUTH 1/'2 OF THE NORTH 1/'2 OF THE
SOUTHEAST 1/'4; THE SOUTH 1~2 OF THE NORTHEAST 1/'4 OF THE
SOUTHWEST 1/'4; THE NORTH 1/'2 OF THE SOUTHEAST 1/'4 OF THE
SOUTHWEST 1/'4; THE SOUTH 1/'2 OF THE NORTHWEST 1/'4 OF THE
SOUTHWEST 1/'4; THE NORTH 1/'2 OF THE SOUTHWEST 1/'4 OF THE
SOUTHWEST 1/'4; THE SOUTH 1/'2 OF THE SOUTHWEST 1/'4 OF THE
SOUTHWEST 1/'4 OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, LESS THE PORTION THEREOF
CONSTITUTION ROAD RIGHT OF WAY FOR COUNTY ROAD ~/ 951. SAID
LANDS SITUATE LYING AND BEING IN COLLIER COUNTY, FLOR/DA.
LESS AND EXCEPT THEREFROM THE EAST 100 FEE T OF SEC TION 27,
TOI4/IVSHIP 48 SOUTH, RANGE 26 EAST, HAVING BEEN CONVEYED TO
THE S TA TE OF FLORIDA FROM THE USE AND BENEFIT OF THE S TA TE
ROAD DEPARTMENT OF FLORIDA IN DEED FILED UNDER CLERK'S FILE
No. ,37482 IN OFFICIAL RECORDS BOOK 1,3, AT PAGE 61.
£ X.~/ / ~ / 7-