Troon Lakes at Pelican MarshCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO:
Sue Filson, Administrative Assistant
DATE:
RE:
FROM: John R. Houldsworth, Senior Engineer
June 3, 1998
Troon Lakes
Preliminary Work Autl~orization
Attached please find a Preliminary Work Authorization for Troon Lakes. 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
TI(()()N LAKES
I'I,IELIMINARY W()RK ALFI11()I;~iZATI()N
TlllN .,\(iRIiI'~MI{NT made and entered into this ~-"c-~. day of June. Iq98 by and between thc
Board of County Commissioners of' ('oilier County. Florida, hereinalicr rctbrred to as "('OUlllV."
and Preserve I lomcsites South. Inc. hereinafter relbrrcd to as the "Owner."
RI!C'ITAI.S:
Wtll'il,lF. AS. the ('ountv has adopted Collier County Ordinance No. 97-69 known as thc I~clican
Marsh PIll) development ()rdinancc. hcrcinaflcr roi;erred to ;ts thc I)t tl): and
WIIEI/I:.AS. thc ()wncr represents and warrants it is tile record fcc title owner c~l"l'roon l.akcs said
legal descriptions attached hereto as l!xhibit ",,V' and incorporatcct herein hv relY'ronco: and
WtIF. RI'~AS. the South Florida \Vater Management District has issued an l'~nvirtmmcntal Resource
Permit. SF\VMI) l~crmit Moctil'ication No. 11-01121-N: and
WIIEI(EAS. ()v,'ncr represents that thc I)rcliminm-v Work Authori;,.ation is needed because
maintaining construction schedule tbr Troon l.akcs improvement plans is paramount with thc
construction and dcvclopmcnl of thc approvcd Pt II); and
',NIIERF. AS. ()wncr represents and v.'arrants that no construction shall occur in environmentally
sensitive areas unless thc necessary permits and approvals lbr thc construction ]lave been obtained
WIIEREAS. ()wncr acknowledges that all rcctt~ircmcnts o1' Collier ('otmtv's (irov,'th Manaucmcnt
Plan and Adequate Public l:acilitics ()rdinancc No. 93-82 ,,,.'ill be met prior to approval ol:a final
subdivision plat. or final silo development plan or builcting pcrmil as appropriate: and
~VIIEREAS. Ncction 3.2.7.3.6 o1' thc lxmd l)cvclopnacnt Coctc establishes a mechanism for
processing and issuing ;.t t'rcliminarv Work .,\mhorization.
NOW, TtlEI,IEFORE. in consideration of thc premises. Iht nlUltl;.ll undertaking of thc parties, and
other good and valu;.Jblc consideration, it is agreed by ~t~c parties hereto as lbllows:
SI.~C'I'ION 1 - ACKN()WIJ'LDGMI!NT
Thc lbrcgoing recitals arc Irtlc and cor'rcct and arc incorporated herein by rctbrcnce.
Further. it is.jointly acknowledged that thc execution of this Agreement doss not constitute
a l)cvclopmcnt Order or any other lirlal approval by Collier COtllltV.
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SECTION 2 - IMPROVEMENTS
Owner shall be pen'nitted to pertbrm the lbllowing site preparation and construction
activities subject to the conditions, limitations, ,'md restrictions contained in Sections 3
through 7 below, ms follows:
3.
4.
5.
Clearing.
Lake excavation and bi,ting.
Filling of road rights-of-way.
Blasting for underground utilities.
Installation of underground utilities including water, sewer, drainage and irrigation
Facilities.
The preliminary work detailed in this Section shall be in accordance with pi,ms entitled
Troon Lakes prepared by Co~tal Engineering Consultants, Inc., ProJect No. 97.574; sheet
numbers I through l IA, dated April, 1998. hereinafter collectively referred to as the
"Preliminary Work." The legal description of the boundaries of the PreliminaO, Work is
shown on the proposed plat for Troon Lakes prepared by Richard J. Ewing, PSM, Co,'tstal
Engineering Consultants, Inc.
Prior to ,'my work being undertaken, Owner shall submit to the Cotmty, complete permit
packages and applicable review and inspection fees for thc necessary permits for the
Prcliminm-y Work (thc "Preliminao.' Work t~ermits"). These applications are as follows:
Troon Lakes Construction Plans, Coastal Engineering Consultants, Inc., ProJect No.
97.574, sheet numbers I through 11 A, dated April, 1998.
Final plat for Troon Lakes prepared b;.' Coastal Engineering Consultants, Inc.
SECTION 3 - PF. RMITS REQ[JIREI)
Issuance of the Preliminary Work Permits shall be conditioned upon the tbllowing:
il.
County stall' finding that thc application for PreliminaO. Work Permits arc
completed and satisfactory and are ready for scheduling to the Board of Count>'
Commissioners lbr final plat approval.
Owner submitting to thc County a cop.,,' of the early work pemfit or actual pein'fit
l?om the South Florida Water *lm~agement District for all matters included in the
jurisdiction of the South Florida Water Management District, which confom'~s with
the Preliminary Work Release plans submitted to the County.
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,%t:.(.~'l'I()N 4 -
C'ounty ,.viii issue tile lh'climinao' Work Permits lo pcrmil ll~c Preliminary Work prior to
plat ilpproval once conditions (a.) and (b.) in Section 3 above have been satisl~cd. ()wncr
understands and acknowIcdgcs that no building permit will bo issued tbr habitable
structures within 'l'roon I.akcs until thc ']'rooll l.akcs llnal plat is zspprovcd and recorded.
,'qt~("l'l()N 5 - INI)I!MNIFICA'I'I()N
Owners agrees to indemnify and hold (_'ountv harmless against any and all liability, loss.
damage or expense l)om claims or cat,scs ot' action including attorneys lbcs and cotmrt costs.
resulting [Tom. arising out ot~ and in connection xvith Owner's negligence and/or willlX~l
misconduct in the constnlction of thc l'rcliminao' Work under thc Prclimina~' Work
I'crmits or any challenge by any person or party olzjccting to thc legality or validity of'this
Agreement.
SI!C'I'ION 6 - I~I7..%'I'I:~ICTIONS
This ,,\grccmcnt shall bc binding upon thc parties and is not transl'crablc.
St5C7'I'I()N 7 - I.IMI'I'A'I'IONS
'['his :\grccmcnt shall expire thirlv (30) days From thc date of thc issuance o1' thc
Preliminary Work Permits il' thc project's linal plat is not submitted to thc l~oard o1' ('otmntv
Corn nissioncrs lbr approval pursuant to Division 3.2 o1' thc l.and [)cvclopmcnt Code.
unless thc Owner is delayed in having his tin:ii plat reviewed by thc Board duc to thc t~mlt
oF thc County. /\Il work approved by this Agreement must cease alld not restart il' thc final
plat is not submitted and approved by thc }~oard of' Cotmtv Commissioners within this
authorix~tion period. No work is authorized trader this Agreement prior to sntisl~'ing thc
conditions (a) and (b) in Section 3 of this /~grccmenl. ,.'M~v attempt to commence work
prior lo issuance oI' requisite permits shall render all provisions o1' this ,,Xgrccmcnt null and
void.
llc entering into this Agreement thc (Jotmty docs not guarantee and thc Owner cannot rely
upon thc lhct that thc project's linal plat will bc approved tlpOn submission to the Board ol'
C'ounty Commissioners. 'l'hc Owner is required to comply with all of thc provisions and
procedures of thc Land l)cx'elopmcnt CTodc bclk~rc thc final plat can be submitted to thc
l~oard of'consideration.
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IN WI'I~ESS WHEREOF, the panics have executed this Agreement the day first above ,,wittcn.
/W'itness
/
j./ ~ / /
Printed Name
·
(iL-'
Witness
Printed Name /
A'I'TEST:
'Dwight E. B'rocl~, Clerk
'Ap/proved as to form and legal
sufficiency: tte t to Chatr'm 's
Assistant Count)' Attorney
Presen'e Homcsitcs Sou~h, Inc.
'--"~ k,~- e... ~ - ..... --/~..
Paula Davis, President
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
STA'FE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was ac 'knowledged before me by Paula Davis, President of Preserve
l-tomesites South, Inc. who is personally known to me. WI'INESS my h,'md ,'md official seal this
.-""5 day of/,7/,?_~,./ , 1998.
/
(affix notarial seal)
97574Xprel-work
Notary Public r
My Commission Expires
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