Forest Park Phase TwoCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM .,
TO: ~,Ad~inistrative Assistant
FROM: John R. Houldsworth, Senior Enginee~,~--t"
DATE: January 9, 2002
RE:
Forest
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Forest 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
DEC-19-2001 22:02 P.02
FOREST PARK - PHASE TWO
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT madv and entered into this .//~..~ day of~.~.~..~_
200~ by and between the Board of County Commissioners of Collier
hereinafter referred to as "County", and BRENNAN-FOREST PARK DEVELOPMENT,
~ hereinafter referred to as the "Owner."
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 90-79 known as the
HERON LAKE PUD Ordinance, hereinafter referred to as the HERON LAKE PIJD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of the
lands described in Tracts R, I, II & L-2 of FOREST PARK PLAT, said Plat Book 35, Pages 1
through 7 as recorded in the Official Record Books of Collier County, Florida; and incorporated
herein by reference; and
WHEREAS, the South Florida Water Management District has approved a surface water
management permit for FOREST P_ARI~ SFWMD PERMIT NO. 11-01764-P; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because construction of infrastructure needs to occur as soon as possible due to economic and
development schedule reasons; and
WHEREAS, Owner represents and warrants that no construction shall occur in
environmentally sensitive areas 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 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:
Page 1
DEC-19-2001 22:0~ P,O~
SECTION 1 - ACIGNOW'LEDGMENT
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 - IM2PROVEMENTS
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:
I, Clearing of vegetation necessary for project infrastructure.
Earthwork necessary for the installation of water and sewer lines, drainage pipes,
swales and roadbed preparation.
Installation of storm drainage pipes and swales.
The preliminary work detailed in this Section shall be in accordance with plans entitled
FOREST PARK, PHASE H CONSTRUCTION PLANS consisting of 16 sheets, prepared by
HOLE MONTES, ~C., dated May 2001, and revised November 2001, hereinafter referred to as
"The Preliminary Work." The legal description of the boundaries of the Preliminary Work is
shown on the recorded plat for FOREST PARK consisting of 7 sheets prepared by THOMAS
J. GA_RRIS, P...L:S., HOLE MONTES, INC.
Prior to any work being undertaken, owner shall submit to the County complete permit
packages and applicable review and inspection fees for the necessary pe,,.its for the
Preliminary Work (the "Preliminary Work Permits"). These applications are as follows:
FOREST PARK, PHASE I1 construction plans consisting of 13 sheets prepared
by Hole Montes, Inc.
FOREST ,,P&RK~_ PItASE II final plat consisting of 3 sheets prepared by Hole
Montes, Inc.
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
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.
Page 2
DEC-19-2001 22:03 P.04
Owner submitting to the County a copy of the early work permit or actual permit frets 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 - 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,
resulting from, arising out of, or 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 the Agreement.
SECTION 5 - RESTRICTIONS
This Agreement shall be binding upon the parties and is not transferable.
SECTION 6 - 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 ia not submitted to the Board of County
Commissioners for approval pm'suant 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.
Ali work approved by this Agreement mast cease and not restart if the final plat is not submitted
and approved by thc 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
ali provisions of this Agreement null and void.
By entering into this Agreement the County does not guarantee and the 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.
Page 3
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
OWNER:
:am~'' AN OHIO LIMITED LIABILITY COMPANY
Wit~ess .' ..:, / Fxi
itness ' ~/~ph R. ~ber, its Vice President
By:
~.'~wighl E. Bro~ C~rk Of the Court
-,.
ApproV.ed as to form and legal sufficiency:
BRENNAN INDUSTKIAL GROUP, INC.,
Patrick G. Whi[ 'Assistant County Attorney
STATE OF: Ohio
COUNTY OF: Summit
The foregoing instrument was acknowledged before me this '~(~/'x day of
2001 by Joseph R. Weber, as Vice President of Brennan Industrial Group, Inc., on behalf of the
Corporation as the Manager of Brennan-Forest Park Development, LLC, an Ohio Limited
Liability Company. He is personally know to me or has produced
as identification.
WITNESS my hand and official seal thi$~~.~. ~ ~
Si~fNotary
Name of Notary typed, stamped or printed
NOTARY PUBLIC
Commission Number:
SEAL
Page 4
TOTAL P. 05
· PROPERTY DESCRIPTION
YRACTS I, R. L-8, AND A PORTION OF TRACT R OF FOREST PARK ACCORDING TO TH~ PLAT
THEREOF AS RECORDED IN PLAT BOOK 35 AT PAGES 1 THROUGH 7 0F THE PUBLIC RECORDS OF
COLIJER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
{~.tC, t]~ AT THE NORTHWEST CORNER OF TRACT I OF FOREST PARK ACCORDING TO THE PLAT
THEREOF AS RECORDi~..D IN PLAT BOOK 35 AT PAGES i1 THROUGH 7 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN N. 89'59'09'~.., ALONG THE BOUNDARY OF SAID TRACT
FOR A DISTANCE OF 26.76 FEET;, THENCE RUN $.72'51'33'E., ALONG THE BOUNDARy OF SAID
TRACT I, FOR A DISTANCE OF 11i~.56 FEET;, THENCE RUN $.89'58'18'E., ALONG THE BOUNDARy OF
TRACTS I AND L-2 OF SAID PLAT OF FOREST PARK, FOR A DISTANCE OF 304.75 FEET;, THENCE
RUN N. 00'07'I4'H., FOR A DISTANCE OF 33.43 FEET TO A POINT ON THE BOUNDARy OF TRACT R
OF SAID PLAT OF FOREST PARK; THENCE CONTINUE N. 00.07'I4'H., ALONG THE BOUNDARy OF SAID
TRACT R, FOR A DISTANCE OF 70.00 FEET;, THENCE CONTINUE N. 00.07'I4'H., FOR A DISTANCE OF
36.57 FEET TO A POINT ON THE BOUNDARY OF TRACT II OF SAID PLAT OF FOREST PARK; THENCE
RUN N. 89'58'IB'H., ALONG TH~ BOUNDARY OF SAID TRACT i], FOR A DISTANCE OF 25.25 FEET;.
THENCE RUN N. 06.13'04'K, ALONG THE BOUNDARY OF SAID TRACT I], FOR A DISTANCE OF 43.78
FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CUBVF,, CONCAVE SOUTHEASTERLY: THENCE
RUN NORTHF~RLY, ALONG THE BOUNDARY OF SAID TRACT ti AND ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS 0F 115.00 FEET, THROUGH A CENTRAL ANGLE 0F
53'28'09', SUBTENDED BY A CHORD OF 103.47 FEET AT A BEARING 0F~N.32,57'08'E., FOR A
DIb'TANCE OF 107.3~ FELT TO THE END OF SAID CURVE; THENCE RUN N. 59o41'12"E., ALONG THE
BOUNDARy OF SAID TRACT R, FOR A DISTANCE OF 59.35 FELT TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE
BOUNDARy' OF SAID TRACT II AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 108.00 FEET, THROUGH A CENTRAL ANGLE OF 62'35'06', SUBTENDED BY A CHORD OF
110.12 FEET AT A BEARING OF S. 69.01'13'E., FOR A DISTANCE OF 115.79 FEET TO A POINT OF
REVERSE CURVE; THENCE RUN EASTERLY, ALONG THE BOUNDARy OF SAID TRACT II AND ALONG
THE ARC OF SAID CURVE TO THE LEI~r, HAVING A RADIUS OF 66.00 FEET, THROUGH A CENTRAL
ANGLE OF' 57'57'54', SUBTENDED BY A CHORD OF 63.96 FEET AT A BEARING OF S. 86'42'36"E.,
FOR A DISTANCE OF 66.77 FEET TO THE END OF SAID CURVE; THENCE RUN N. 64.16'27'E., ALONG
THE BOUNDARy OF SAID TRACT II, FOR A DISTANCE OF 62.81 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLy; THENCE RUN EASTERLy, ALONG THE
BOUNDARy OF SAID TRACT II AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 54.00 FEET, THROUGH A CENTRAL ANGLE OF 69.08'29", SUBTENDED BY A CHORD OF
61.28 FEET AT A BEARING OF S.81.07'19'E., FOR A DISTANCE OF 65.16 FEET TO A POINT OF
COMPOUND CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLy, ALONG THE
BOUNDARy OF SAID TRACT 1! AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 114.81 FEET, THROUGH A CENTRAL ANGLE OF 33.18'53', SUBTENDED BY A CHORD OF
65.78 FEET AT A BEARING OF S.29°54'38'E., FOR A DISTANCE OF 66.69 FEET TO A POINT OF
COMPOUND CURVE, CONCAVE WESTERLy; THENCE RUN SOUTHERLY, ALONG THE BOUNDARy OF SAID
TRACT II AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 47.00 FEET,
THROUGH A CENTRAL ANGLE OF 56'15'44', SUBTENDED BY A CHORD OF 44.3~ FEET AT A BEARING
OF S. 14'51'40'H., FOR A DISTANCE OF 48.15 FEET TO THE END OF SAID CURVE; THENCE RUN
S. 42'59'33'H., ALONG THE BOUNDARY OF SAID TRACT II, FOR A DISTANCE OF 46.89 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLy; THENCE RUN SOUTHERLy,
ALONG THE BOUNDARy OF SAID TRACT II AND ALONG THE ARC Ol~ SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 61.00 FEET, THROUGH A CENTRAL ANGLE OF 67'57'58', SUBTENDED BY A
CHORD OF 68.19 FEET AT A BEARING OF S. 09.00'34'H., FOR A DISTANCE OF 72.36 FEET TO THE
END OF SAID CURVE; THENCE RUN S. 24'58'25'E., ALONG THE BOUNDARy OF SAID TRACT II, FOR A
DISTANCE OF 40.44. FEE"F TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, cONCAVE
WESTERLy; THENCE RUN SOUTHERLY, ALONG THE BOUNDARy OF SAID TRACT II AND ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL
ANGLE OF I!3'40'27', SUBTENDED BY A CHORD OF 18.46 FEET AT A BEARING OF S. 13.08'12'E., FOR
A DISTANCE OF 18.59 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHEASTERLy, ALONG
THE BOUNDARy OF SAID TRACT II AND ALONG THE ARC OF SAID CURVE TO THE LEl~'r, HAVING A
RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 49.15'56', SUBTENDED BY' A CHORD OF
18.67 FEET AT A BEARING OF S. 25'55'58'E., FOR A DISTANCE OF 17.20 FEET TO THE END OF SAID
CURVE; THENCE RUN S. 50"33'57'F_,, ALONG THE BOUNDARy OF SAID TRACT II, FOR A DISTANCE OF
36.96 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE
RUN EASTERLy, ALONG THE BOUNDARy OF SAID TRACT II AND ALONG THE ARC OF SAID CURVE TO
THE LEFT, HAVING A RADIUS OF 55.00 FEET, THROUGH A CENTRAL ANGLE OF 54'04'01',
SUBTENDED BY A CHORD OF 50.00 FEET AT A BEARING OF S.77'35'57'E., FOR A DISTANCE OF
51.90 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHEASTERLy, ALONG THE BOUNDARy
OF SAID TRACT II AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
160.00 FEET, THROUGH A CENTRAL ANGLE OF 132'23'16'", SUBTENDED BY A CHORD OF 292.77 FEET
AT A BEARING OF S. 38'26'20"E., FOR A DISTANCE OF 369.70 FEET TO A POINT OF REVERSE
CURVE; THENCE RUN SOUTHEASTERLy, ALONG THE BOUNDARy OF SAID TRACT II AND ALONG THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE
OF I19'50'19', SUBTENDED BY A CHORD OF 86.53 FEET AT A BEARING OF S. 32'09'51"E., FOR A
DISTANCE OF 104.58 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHERLy, WHOSE
RADIUS POINT BEARS S. 01'50'38"E., A DISTANCE OF 15,223.33 FEET THEREFROM; THENCE RUN
EASTERLY, ALONG THE BOUNDARy OF SAID TRACT II AND ALONG THE ARC OF SAID CURVE TO THE
RIOHT, HAVING A RADIUS OF 15,223.33 FEET, THROUGH A CENTRAL ANGLE OF 00.09'3P.",
SUBTENDED BY A CHORD OF 42.20 FEET AT A BEARING OF N. BB'14'08'E., FOR A DISTANCE OF
42.20 FEET TO THE END OF SAID CURVE; THENCE RUN S.02.04'44=E., ALONG THE BOUNDARy OF
SAID TRACT II, FOR A DISTANCE OF 105.00 FEET TO A POINT ON THE BOUNDARy OF TRACT R OF
SAID PLAT OF FOREST PARK; THENCE RUN 9.05.10'00"E., ALONG THE BOUNDARy OF SAID TRACT
FOR A DISTANCE OF 60.41 FEET TO A POINT ON THE BOUNDARy OF TRACT i OF SAID PLAT OF
FOREST PARK; THENCE RUN 9.~I'35'0~"E., ALONG THE BOUNDARy OF SAID TRACT I, FOR A
D!STANC~, OF 104.61 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHERLy, WHOSE
RADIUS POINT BEARS $.01'52'07"E., A DISTANCE OF 11,621.16 FEET THEREFROM; THENCE RUN
WESTERLy, ALONG THE BOUNDARy OF SAID TRACT I AND ALONG THE ARC OF SAID CURVE TO THE
LEFT, HAVING A RADIUS OF 11,621.16 FEET, THROUGH A CENTRAL ANGLE OF 00'12'52", SUBTENDED
BY A CHORD OF 43.50 FEET AT A BEARING OF S. 86.01'27"W., FOR A DISTANCE OF 43.51 FEET TO
THE END OF SAID CURVE; THENCE RUN S. 67'55'01"W., ALONG THE BOUNDARY OF SAID TRACT I,
FOR A DISTANCE OF 1,140.03 ~ THENCE RUN N. 00.06'41"H., ALONG THE BOUNDARy OF SAID
TRACT I, FOR A DISTANCE OF 640.01 FEET TO THE POINT OF ImEGINNIN(~; CONTAINING 17.958
ACRES, MORE OR LESS.