Indigo Lakes Unit TwoCOMMUNITY bEVELOPMENT &
ENVIRONMENTAL SERVICES blVlSlON
EN6INEERIN6 REVIEW SECTION
MEMORANbUM
TO: Sue Filson, Administrative Assistant
FROM: ~Tohn R. Houldsworth, Senior Engineer
bATE: M~),+,et,-31, 2000
RE:
Indigo Lakes Unit Two
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Indigo
Lakes Unit Two. This document has been reviewed by Engineering
Review and the County Attorney's Office. Collier County
Resolution No. 93447 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 ~;/il, day of O~-~ ~ ,2000, by and between
the Board of County Commissioners of Collier Ci~unty, Florida hereinat'ter referred to as "County", and
Kenco Development, Inc., a Florida corporation, hereinafter referred to as "Owner".
RECITALS:
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in Collier
County, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District (SFWMD) has issued an environmental resource
permit for Wyndham Park, now known as Indigo Lakes, ERP No. 11-01669-P, and is currently reviewing
an application for a modification to said permit, SFWMD Application No. 990806-14; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because of scheduling
difficulties arising out of the review and approval of various inter-related permit applications; 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 bu 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 - 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
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, site filling and grading and construction of utilities as
permitted by the South Florida Water Management District pursuant to its Standard General Permit
for Incidental Site Activities Permit issued for the Project pursuant t,o {}40-40.042, F.A.C.
The preliminary work detailed in this Section shall be in accordance with plans entitled "Indigo Lakes Phase
2 Construction Plans" consisting of 16 sheets both prepared by Banks Engineering, Inc., dated January, 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 Indigo Lakes Unit 2 consisting of 5 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 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.
b. Owner submitting to the County a copy of an Environmental Resource Permit and an Incidental Site
Activities 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.
SECTION 4 - APPROVALS
County will issue the Preliminary Work Permits to permit 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 permits for habitable structures within Indigo Lakes Unit 2 will be issued until the Indigo Lakes
Unit 2 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.
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 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 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.
)
Printed Name ~
R.A. CDo~4z-Au-~Z
Printed N~e
,..:.,
Dwight E.' Bro~; Clerk
K.e oDeve:opn~Ut, ri;c.
Board o.f C may Conup. isiloners
State of Florida
County of Collier
The foregoing instrument was acknowledged before me this 9th day of
March ,2000
by
Kenneth P. Saundry. Jr.
* , who is personally known to me and who did
not take an oath.
~i~' JBtNIFER I. PENCE
MYCOMMISSIONtCC696266
EXPII:tl: November 16. 2001
Printed Name of Notary
Professional Engineers, Planners & Land Surveyors
EXHIBIT "A"
DESCRIPTION
OF A PARCEL OF LAND
LYING IN
SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER,
LYING IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA; THENCE N02 °13'52"W ALONG THE WEST LINE OF SAID
SECTION 27 FOR 2006.11 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE HALF OF
THE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 27;
THENCE S89 °55'27"E ALONG THE NORTH LINE OF SAID FRACTION OF SECTION AND ALONG
THE NORTH LINE OF THE SOUTH ONE HALF OF THE NORTHEAST ONE QUARTER OF THE
SOUTHWEST ONE QUARTER OF SAID SECTION 27 FOR 1320.61 FEET TO THE WEST LINE OF
THE NORTH ONE HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHWEST ONE
QUARTER OF SAID SECTION 27; THENCE N02 ° 13'39"W ALONG SAID LINE FOR 669.04 FEET TO
A POINT ON THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 27; THENCE
S89°56'20"E ALONG SAID FRACTION OF SECTION FOR 1320.64 FEET TO A POINT ON THE
NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 27; THENCE S02 ° 13'25"W ALONG
SAID LINE 669.38 FEET TO A POINT ON THE NORTH LINE OF THE NORTH ONE HALF OF THE
SOUTH ONE HALF OF THE NORTH ONE HALF OF THE SOUTHEAST ONE QUARTER OF SAID
SECTION 27; THENCE S89°56'06"E ALONG SAID FRACTION OF SECTION LINE FOR 2543.23
FEET TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE S02 ° 15'3YE ALONG
SAID WEST RIGHT-OF-WAY LINE FOR 334.78 FEET TO THE SOUTH LINE OF THE NORTH ONE
HALF OF THE SOUTH ONE HALF OF THE NORTH ONE HALF OF THE SOUTHEAST QUARTER
OF SAID SECTION 27; THENCE N89°56'00"W ALONG SAID SOUTH LINE FOR 2543.44 FEET TO
SAID NORTH-SOUTH QUARTER SECTION LINE; THENCE S02°13'25"E ALONG SAID NORTH-
SOUTH QUARTER SECTION LINE FOR 1004.07 FEET TO THE NORTHEAST CORNER OF THE
SOUTH ONE HALF OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER
OF SAID SECTION 27; THENCE N89°53'41 "W ALONG THE NORTH LINE OF SAID FRACTION OF
SECTION FOR 1320.55 FEET TO THE NORTHWEST CORNER OF SAID FRACTION OF SECTION,
THENCE S02°13'39"E ALONG THE WEST LINE OF SAID FRACTION OF SECTION FOR 669.04
FEET TO THE SOUTH LINE OF SAID SECTION 27; THENCE N89°52'48"W ALONG SAID SOUTH
LINE FOR 1320.52 FEET TO THE POINT OF BEGINNING;
PARCEL CONTAINS 141.13 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF
RECORD.
S:~.eception~&ettenH3xx\1328%Legal DescdptionsH328_PWADescfip.wpd
Lee County: 10501 - 104 Six Mile Cypress Parkway, Fort Myers, Florida 33912' (941 )939-5490. Fax (94 ! )939-2523
Collier County: 2150-701 Goodlette Road, Naples, Florida 34102. (941)403-8866' Fax (941)403-8868