Coco LakesPRELIMINARY WORK AUTItORIZATION
TI41S AGREEMENT made and entered into this ~q' day of ~7'-~d /~
1998. by and between thc Board of County Commissioners of Collier County, Florida',
hereinafter referred to as "County". and Pa 1 m Founda t 'ion , thc "Owner."
RECITALS:
\V}lEREAS, tlle County has adopted Collier County Ordinance No. 95-37 known as thc
Planned Unit Dcvcloplncnl for Coco Lakes , hereinafter refcrrcd lo as thc PUD; and
WHEREAS, thc Owner represents and warrants it is thc record fcc title owner of the
lands described in Coco Lakes , said Icgal description attached hcrcto as Exhibit "A": and
incorporated herein by rcfcrcnce; and
WHEREAS, the South Florida Water M'anagcmcnt District has previously issued a
surface water management permit Ibr_.__Cow_6 Lakes ' and
\VHEREAS, Owner represents that tile Preliminary Work Authorization is needed
because constn.~ction of the infraslructure needs to occur as soon as possible due Io economic and
development sctledulc reasons; and
WHEREAS, Owner represents and warrants that no construction shall occur
cnvirorn'ncntally sensitive areas unless the ncccssat5, permits and approvals for tile constructior~
have been obtained by the Owner; and
\VHEREAS, Owner acknowledges that all requirements of Collier County's Growth
Management Plan and Adequate Public Facilities Ordinance, No. 93.82, w/Il be met prior to
approval of a final subdivision plat, or final site development plan or building pcmlit, as
appropriate; and
WHEREAS, Section 3.2.7.3.6 of the Land Developnlcnt Code cstaMishes a mechanisn-~
For processing and issuing a Preliminary Vv'ork Authorizatior~.
NOW THEREFORE, in consideration o£ the premises, tile mutual undertakings of thc
parties, and other good and valuable consideration, it is agreed by tile parties hereto as follows:
904 04099'~FORMfi',.pr~eworkaulhg0018.¢loc Page 1
SEC'FION I - ACKNO\VLEDGMEN'F
'File foregoing recitals are true and correct and arc incoq)oratcd herein by reference.
Further. it is jointly acknowledged that Ibc execution of ll~is Agreement docs not constitute a
I)cvulopmcnt Order or any other final approval by Collier Counly.
SECTION 2 - IMPROVEMENTS
Owner shall be permitted to perform site preparation and construction activitms subject to
the conditions, limitations and restrictions contained irt Sections 3 through 7 bclov,', as
follows:
I. Clearing and carlhwork necessary for tile installation of water arn:t sewer lines,
drainage pipes, swales and roadbed preparation and lake excavation.
Installation of ston'n drainage pipes and swales.
3. Installation ofxvater and sewer lines.
Thc preliminary work detailed in this Section shall be in accordance with plans entitled
Coc Lakes ,consisting of 18 sheets, prepared by }tole, Montes and .'\ssociatcs, Inc-7
~atcd..'N'°vember 199,Thercina£tcr referred to as '"File Prclirninar3/\Vork." Thc legal description
ofthc boundaries ofthc Preliminary \Vork is shown on thc preliminary plat for Coco Lakes , consisting of 3 sheets prepared by ttole, Montes and Associates, Inc.
Prior to any work being undertaken, ov,'ncr shall submit to thc County complete permit
packages and applicable review and inspection fees for tile necessary, pen'nits for tile
Preliminary Work (tile "Preliminary \Vork Pen'nits"). These applications arc as follows:
1. Coco Lakes . construction plans consisting of 1.8 sheets prepared by
Hole, Montes and Associates, Inc.
_. 3 sheets prepared by Hole,
~ coco L~.V. es , final plat consisting of~ ..
Montes and Associates, Inc.
SE(_TTION 3 - PERMITS REQUIRED
Issuance of the lh'climinary \Vork I'm'mits shall be conditioned upon thc following:
A.
County staff finding ti'mt the applications for Preliminary Work Permits arc complete and
satisfimtory and arc ready for scheduling to the Board of County Commissioners for final
plat approval.
Owner submitting to tile County a copy of tile early work permit or actual permit from
the South Florida Water Management District for all matters included in the jurisdiction
W:',I ';'14'?;'40')9',F( )l,~lMS\prc',.,,o~kaudK. lOgl l,;.doc [)ago 2
of the South Florida Water Mana§cmenl District, which conforms with the Preliminary
Work Release plans submitted to the County.
Florida Department of Environmental Protection permits pcnding as required For
installation of v,'alcr and scv.'cr lines.
SEC'FION 4 - APPROVALS
County ,.','ill issue tile Preliminary Work Permits lo permit thc Prelirninary Work prior to
plat approval once conditions A and B itl Section 3 above have been satisfied. Owner
understands and nckno`.vledges that no building permit ',','ill be issued For habitable structures
within Coco Lakes , until plal is approved and recorded.
SECTION 5 - 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,
resuhing from, arising out of, or in connection with Owner's negligence and/or willful
misconduct in the construclion of the Preliminary Work under the Preliminary Work Permits or
any challenge by any person or party objecting to the legality or validity oFthe Agreement.
SECTION 6 - RESTRICTIONS
This Agreenlent shall be binding upon tile parties anti is not trans£crablc.
SECTION 7 - LIMITATIONS
This Agreement shall expire thirty (30) days From the date of tile issuance of' tile
Prelimir~ary Work Pem'~its if the project's final plat is not submitted to thc Board of County
Commissioners for approval pursuant to Division 3.2 of the Land Development Code, unless the
O,,vner is delayed in having }lis final plat reviewed by the Board due to tile Fault o£ttle County.
All work appro,,,ed by this Agrccnlent must cease and not restart if thc final plat is not submitted
and approved by the Board of County Commissioners within this authorization period. No work
is author/zed under this Agreement prior to satisfying the conditions A and g in Section 3 of this
Agreement. Any attempt to commence work pr/or to issuance of requisite permits shall render
all provisions of this Agrccnlent null and void.
By cntcring into this Agreement the County does not guarantee and the O`.vncr carmot
rely upon tile Fact that tho project's final plat will be approved upon submission to the Board of
County Commissioners. The Owner is required to comply with all of tile provisions and
procedures of the Land Development Code before the final plat can be submitted to the Board for
consideration.
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IN WITNESS WIIF, REOF, thc parties have executed this Agrccmcnt thc day first above
written.
Witness:
Q~?,nc - t? pc or
/
By: Steve Loveless, President
Palm Foundation Inc. Il
(CORPORATE SEAL)
Approved as to tbrm and legal sufficiency:
Hcldi [:.-Ashionl AsSistant County Attorney
· authorized to do business in the state of Florida. He/she is pcrsonaIly known to mc and '
did/did not lake an oath.
The,.. foregoing instrument was acknowlctCd before mc this : day of
My Commission Expircs:
Notary Public
Cornnfission Nt, mbcr
Printed Name of Nolary Public
W:\I ()'M")4ogo',FOl'~MS',prcworkauthS0918.doc Page 4
ATTEST:
Dwight E. Brock, Clerk
Board of County Commissioners
o£Collicr County, Florida
W:"19')4"940')')' F(')l*,MS'prcv. orkaulhS¢}')l 8doc Page 5
0~ T -F¥?~- 1 "~':*R 1':;:02
P~'e.serving and enhgn~n~ F'~rid~'.~ qu~li~ o! lif~ ~in~,~ 1.~
HOLE, MONTES & AS~ff~C[&TES, INC.
£NG INEEI::I$ PL&Ne~ERS SuRvEYOR5
HMA PROJECT #1994099
10/7F38
EXHIBIT A
A PARCEL OF I. AND LOCATED WITHIN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP
4g SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
I~EGIN AT THE SOUTHVVEST CORNER OF THE NORTHEAST QUARTER OF SECTION 23,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN NORTH
02':39'42' WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 23.
FOR A DISTANCE OF 1,337.4~ FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23: THENCE RUN NORTH 88'10'50'
EAST. ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 23. FOR A DISTANCE OF ~1,47 FEET TO THE NORTHEAST
CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHF_AST QUARTER OF SAID SECTION 23; THENCE RUN SOUTH 02'37'25" EAST. ALONG THE
EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 23. FOR A DISTANCE OF 671.91 FEET TO THE
SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOLFFHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE CONTINUE SOUTH 02'37'25' EAST,
ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 23. FOR A DISTANCE OF 30.01 FEET TO A POINT
30.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 23; THENCE RUN NORTH S8'27'25' EAST, PARALLEL WITH THE
NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 23, FOR A DISTANCE OF 330.53 FEET TO A POINT ON
THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER Of S~ID SECTION 23; THENCE RUN SOUTH 02'36'17"
FAST. ALONG THE EAST LINE OF THE VVEST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
23, FOR A DISTANCE OF 643.50 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SAID SECTION 23; THENCE RUN SOUTH 88"44'02' V~EST, ALONG THE SOUTH LINE OF TT~E
NORTHEAST QUARTER OF SAiD SECTION 23, FOR A DISTANCE OF 991.05 FEET TO THE POINT
OF BEGINNING., CONTAINING 25.216 ACRES, MORE OR LESS.
THIS PROPER~-Y IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF
RECORD.
BEARINGS REFER TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 23.
TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA AS BEING S,89'44'02'E.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
THOMAS J. GARRIS
P.L.S. ~ 3741
STATE OF FLORIDA
TOTAL F'.02