Copper Cove Preserve
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
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FROM: John R. Houldsworth, Senior Engineer _k~\_ \.
DATE: June 8" 2005
RE: Copper Cove Preserve
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Copper
Cove Preserve. 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 r¿,H' day of J \J t-l \L ,2005,
by and between the Board of County Commissioners of Collier County, Florida hereinafter
referred to as "County", and Colonial Homes, Inc., hereinafter referred to as "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 05-12 known as the
Copper Cove Preserve PUD Ordinance, hereinafter referred to as the "PUD"; and
WHEREAS, owner represents and warrants it is the record fee title owner of the lands
described in the public records of Collier County, Florida, 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 pennit for Copper Cove Preserve SFWMD
Application No. 041214-20; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed in
order to commence construction at the earliest possible time due to economic and development
time constraints; and
WHEREAS, Owner represents and warrants that no construction shall occur in
environmentally sensitive area unless the necessary pennits 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 pennit, as
appropriate; and
WHEREAS, Section 10.02.04 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 for other good and valuable consideration, it is agreed to 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.
1
SECTION 2 - IMPROVEMENTS
A. Owner shall be pennitted to perfonn site preparation and construction activities
subject to the conditions, limitations and restrictions contained in Sections 3 through 7 below, as
follows:
1. Clearing of roadways, easements, lakes and construction areas.
2. Earth work required for the installation of roadways, water, sewer, drainage and water
management facilities.
3. Installation ofproject's required improvements.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Copper Cove Preserve consisting of 27 sheets, prepared by Q. Grady Minor & Associates, P .A.,
dated January 2005, hereinafter referred to as "The Preliminary Work". The legal description of
the boundaries of the Preliminary Work is shown on the preliminary plat for Copper Cove
Preserve consisting of 8 sheets prepared by Q. Grady Minor & Associates, P.A.
B. Prior to any work being undertaken, owner shall submit to the County complete pennit
packages and applicable review and inspection fees for the necessary pennits for the Preliminary
Work ("Preliminary Work Pennits"). These applications are as follows:
1. Construction plans and plat for Copper Cove Preserve as identified above.
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work pennits shall be conditioned upon the following:
a. County staff finding that the applications for Preliminary Work Pennits 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 early work pennit from the South
Florida Water Management District for all matters included in the jurisdiction of the
South Florida Water Management District, which confonns with the Preliminary Work
release plans submitted to the County.
SECTION 4 - APPROVALS
County will issue the Preliminary Work Pennits to pennit the Preliminary Work prior to
plat approval once conditions a. and b. in Section 3 above have been satisfied. Owner
understands and acknowledges that no building pennit for habitable structures within the Copper
Cove Preserve until the Copper Cove Preserve plat is approved and recorded.
SECTION 5 - INDEMNIFICATION
Owner agrees to indemnify and hold County hannless 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 Pennits or
any challenge by any person or party objecting to the legality or validity of this Agreement.
2
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 Pennits if the project's final plat is not submitted to the Board of County
Commissioners for approval pursuant to Chapter 10 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 the conditions (Reference applicable
Conditions by Letter) in Section 3 of this Agreement. Any attempt to commence work prior to
issuance of requisite pennits 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 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.
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(Printed Name) ~
BY: Colonial Homes, Inc.
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BY:
Alan S. Farrior, President
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A TTEST:;ri\\q:9irrE!~BROCK, CLERK
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Approvèd astü:fdtm and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLO DA
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Fred Coyle, Chainnan
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~È. N t-J \ F~ A, ßEL f\::D'.¡:' ()
Collier County Attorney
3
EXHIBIT A
COPPER COVE PUD
LEGAL DESCRIPTION
IBII AT 11IE SOUTHWEST CORNER OF SEC"ON 1" TOWNSHIP 51 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA,' , ' . "
THENCE RUN NOR11I 01"58'30· EASt, ALONG THE $tEST UNE OF THE SOUTHWEST
QUARTER OF SAID SEC"ON 11, FoR A DISrANΠOF 975.95 FEET; .
". THENCE RUN SOUTH 8814'50· EAST FOR A DISTAN~ OF 439. 78 FEET; .'
. THENCE RUN SQUTH 01"57'4.1" ItESr FOR A DISTANCE OF tOl; 13 FŒT; .
THENCE RUN NORTH 88"06'02- HE'ST FOR A DISTANCE OF 4O.0f! FŒT;
THENCE RUN SOUTH :01-S7'4J" $tEST FOR A DISTANCE OF 107.31 FEET; .
THENCE RUN SOUTH 88rJ6'02" EAST FOR A DISTANCE .OF 327.30 FŒT TO A '
POINT ON A CIRCULAR CURVE CONCA lIE SOUTHEASTERL Y, WHOSE RADIUS POINT
BEARS SOUTH 8817'45" EAST, J1 DISTANCE OF 140.00 FEET THEREFROM; THENCE
RUN NORTHEASTERL Y ALONG THE ARC OF SAID C(.IRIIE TO THE RIGHT, THROUGH A .
CENTRAL ANGLE OF 90V2'55~ SUBTENDED BY A CHORÒ 'OF 198.07 FEET AT A
BEARING OF NOHTH, 46..,J'43" EAST, FOR AN ARC LENGTH OF 220.03 FEET fo THÈ
END OF SAID CURvE; ,
THENCE RUN SOUTH 8814'50" EAST FOR' A DISTANCE OF 510.19 FEET TO A PòlNT
ON THE HfST LINE OF THE SOUTHWEST (}(JARTER OF THE SOUTHWEST QUARTER· OF
SAID SEC710N 11; " "
THENCE RUN $ÒUTH 01¥-2'49· M'sT, ALONG SAID nrsT UN!," FOR A DISTANCE OF
910. 71 FEET TO A POINT ON THE NORTH UNE OF ]HE NORTHWEST QUARTER OF
SEC710N 14, TOWNSHIP 51 SOUTH, RA~GE 26 EAST; ,
. THENCE RUN SOUTH 88'05'18" EAST, ALONG SAIl) NORTH UN£, FOR A DISTANCE
OF 690. 46 FEEt TO THE NORTHEAST CO/JNER OF TH£ HE'ST HALF OF THE
NORTHEAST QUARTER OF·1HE NORTHWEST QUARTER OF SAID SEC710N 14; "
THÉNC£ RUN SOUTH OO'Ot41" KfST, ALONG THE EAST UNE OF SAID FRAC710N,
FOR A DISTANCE OF 1,389.59 FŒT TO A POINT ON "THE SOUTH LINE OF THE
'NORTH HALF OF THE NORTHHfST QUARTER OF SAID SEC"ON 14;
THENCE RUN NORTH 88"20'44" nrsT, ALONG SAID SOuTH UN£, FOR A DISTANCE '
OF 2,077.67 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTlON 14; ,
THENΠRUN NORTH 0017'50" EAST, ALONG THE HfSr UNE OF SAID FRACTlON,
FOR A DISTANCE OF 1,J98. 7J FEET TO THE PONfOFfJEQIRIQ ,. CONtAiNING
" 9U11 ACIES MORE OR LESS. '