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White Lake Corp. Park, Phase 2COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior EngineerJ0'~J DATE: August 5, 2002 RE: White Lake Corporate Park, Phase Two Preliminary Work Authorization Attached please find a Preliminary Work Authorization for White Lake Corporate Park, Phase Two. 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. jrh CC: Project File Reading File PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this 30th day of July ,20 02, by and between the Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and Power Corporation, hereinafter referred to as "owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 2001-59 the White Lake Corporate Park PUD Ordinance, hereinafter referred to as the Corporate Park PUD, and known as White Lake WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in White Lake Corporate Park PUD, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District is currently reviewing an application for a surface water management permit for t~,~[. ~ SFWMD Permit No.C~t~, ~ ~ ~5 - o~ ; and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because of earth work and fill in the right-of-way; and WHEREAS, Owner represents and warrants that no construction shall occur in environmentally sensitive area 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 a 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: SECTION 1 - ACKNOWLEDGEMENT 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 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: Roadway, Drainage, Water and Sewer Improvements (1) The preliminary work detailed in this Section shall be in accordance with plans entitled Subdivision Improvement Plans consisting of 11 sheets, prepared by RWA Inc,, dated 7/18/02 hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the Preliminary Work is shown on the preliminary plat for White Lake Corporate Park, Phase Two consisting of 3 sheets prepared by RWA Inc. - Bo 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: (List of applications consistent with the requirements of Sections 3.2.8 and 3.2.9 of the Land Development Code) SECTION 3 - PERMITS REQUIRED Issuance of the Preliminary Work permits shall be conditioned upon the following: ao 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. bo Owner submitting to the County a copy of the early work 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. (List additional permits necessary from the County and any applicable State and/or Federal Agencies necessary to commence construction of the improvements requested for Preliminary Work Authorization) SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once condition (a) in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit for habitable structures within the (White Lake Corporate Park) until the (White Lake Corporate Park, Phase Two) 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 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 - RESTRICTIONS This Agreement shall be binding upon the parties and is not transferable. (2) 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 if the 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 condition (a) 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. (3) By entering into this Agreement the County does not guarantee and 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. IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. Printed Name Witness Printed Name ame and Title STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this -~w~ day of William T. Higj~s who is personally known to me or has produced identification. , 2002, by as Seal: Notary Public Signature (Name typed, printed or stamped) - ~;,. 2/. s~stant County Attorney Board of County Commissioners of Collier County, Florida Chai~~ (4) Exhibit "A" LEGAL DESCRIPTION Description of the South ½ of Section 35 lying North and East of 1-75 Right-of-Way and bounded on the East by monumented and occupied line. All that part of Section 35, Township 49 South, Range 26 East, Collier County, Florida and being described as follows: Commencing at the West ¼ Section comer of said Section 35; thence along the East and West ¼ Section line of said Section 35, North 89°-00-01" East 401.67 feet to the Easterly Right-of-Way line of 1-75 and the POINT OF BEGINNING of the parcel herein described; thence along the Right-of-Way line of said 1-75 the following seven (7) courses: (1) South 43°-47'-54'' East 222.17 feet; (2) South 46°-47'-05'' East 308.10 feet; (3) Southeasterly 1047.59 feet along the arc of a circular curve concave to the northeast, having a radius of 2700.79 feet and being subtended by a chord which bears South 57°-53'-50" East 1041.03 feet; (4) South 69°-00-33'' East 516.30 feet; (5) South 73°-00'-33'' East 2839.52 feet; (6) Southeasterly 411.28 feet along the arc of a circular curve concave to the Northeast, having a radius of 1492.89 feet and being subtended by a chord which bears south 80°-54'-53'' East 409.98 feet to a point of reverse curvature; (7) Easterly 22.49 feet along the arc of a circular curve concave to the South, having a radius of 1562.89 feet and being subtended by a chord which bears South 88°-22'-53" East 22.49 feet to the East line of said Section 35; Thence leaving said 1-75 Right-of-Way continue along said East line of Section 35, North 1°-57'-08'' West 2089.96 feet to the East ¼ section comer of said Section 35; Thence along the East and West ¼ Section line of said Section 35, South 89°-00'-00'' West 4814.62 feet to the Point of Beginning of the parcel herein described; subject to a Florida Power and Light Company easement as recorded in O.R. Book 681, pages 1214-1215, Collier County, Florida; also subject to other easements and restrictions or record; containing 144.4 acres of land more or less.