Forest Park Phase Three & FourENGINEERING REVIEW SERVICES
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Hou!dsworth, Senior Engineer
DATE: December 18:2002
RE:
Forest Park Phases Three and Four
Preliminary Work Authorizatio~
Attached please find a Preliminary Work Authorization for Forest PArk
Phases Three and Four. This document has been reviewed by
~','-~,,eeP,,~,*~j Review and the County Attome,fs Office. Collier County
Resolution No. 93-147 provides for the administrative approva/of
preliminary work authorizations. Please have the Chairman sign the
~ment and fcxward 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 ~ day of ~o,~(2/p~/t~.-, , 2002, by and
between the Board of County Commissioners of Collier County, Florida hereinafter referred to as
"County", and Brennan-Forest Park Development, LLC, hereinafter referred to as "OWNER".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 90-79,
Amending Ordinance 83-47, which established Heron Lake Planned Unit
hereinafter referred to as the "Forest Park PUD"; and
an Ordinance
Development,
WHEREAS, on August 28, 2000 the Plat of Forest Park, a portion of Section 33, Township 49
South, Range 26 East, Collier County, Florida, was duly recorded in Plat Book 35, Pages 1
through 7, of the Public Records of Collier County, Florida.
WHEREAS, on February 21, 2002 the Plat of Forest Park Phase Il, a replat of Tracts I, II, L-2 and
a Portion of Tract R, according to the Plat of Forest Park, recorded in Plat Book 35 at Pages 1
through 7, w as duly recorded i n Plat Book 3 8, a t P ages 1 through 4, of the Public Records of
Collier County, Florida.
WHEREAS, the OWNER has caused the improvements plans and final subdivision plat for Forest
Park Phase III, a re-plat of Tract III Forest Park as recorded in Plat Book 35 at Pages 1 Trough 7
and Tract III, and of Forest Park Phase II, recorded in Plat book 38, at Pages 1-through 4, located
in Section 33, Township 49 South, Range 26 East, Collier County, Florida, consisting of 7 sheets
prepared by Thomas J. Garris, P.L.S. of Hole Montes, Inc, to be submitted to Collier County and
approved.
WHEREAS, OWNER represents and warrants it is the record fee title owner of the lands
described in the Preliminary Plat for Forest Park Phase III, said legal description attached hereto as
Exhibit "A" and incorporated herein by reference; 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 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:
Clearing for the installation of Si~lm Drainage facilities and Right of Way
Grading, filling, balancing the Roadway in Forest Park, Phase III
Blasting/rock excavation for Storm Drainage facilities and for Sewer and Water facilities.
The preliminary work detailed in this Section shall be in accordance with plans entitled FOREST
PARK FINAL CONSTRUCTION PLANS PHASES HI AND IV, consisting of 23 sheets, prepared
by Hole Montes, Inc., dated September 2002, Revised November 2002, hereinafter referred to as
"The Preliminary Work". The legal description of the boundaries of the Preliminary Work is
shown on the Preliminary Plat for Forest Park Phase III, a re-plat of Tract III Forest Park as
recorded in Plat Book 35 at Pages 1 through 7 and Tract III, Forest Park Phase II, recorded in Plat
Book 38, at Pages 1 through 4, located in Section 33, Township 49 South, Range 26 East, Collier
County, Florida, consisting of 7 sheets prepared by Thomas J. Garfis, P.L.S. of Hole Montes, 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:
1. FOREST PARK FINAL CONSTRUCTION PLANS PHASES III AND IV, consisting of
23 sheets, prepared by Hole Montes, Inc.
2. FOREST PARK, PHASE HI final plat consisting of 7 sheets prepared by Hole Montes, Inc.
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.
b. 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.
SECTION 4 - APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat
approval once conditions (List conditions by Letter) in Section 3 above have been satisfied.
OWNER understands and acknowledges that no building permit for habitable structures within the
Forest Park Phase III until the Forest Park Phase III 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 com~ection 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 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 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 w ill b e approved upon submission t o t he Board o f 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.
1N WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Print Name:
Witness
Print Name:
STATE OF OHIO
(OWNER)
BRENNAN-FOREST PARK DEVELOPMENT, LLC
AN OHIO LIMITED LIABILITY COMPANY
BY: BRENNAN INDUSTRIAL GROUP, INC.
,/~eph ~ weber, its Vice-Pre~iden('
COUNTY OF SUMMIT
THE FOREGOING INSTRUMENT was acknowledged before me this b-ti--, day of Omrrbr'rT, 2002, b,.
Joseph R. Weber, as Vice-President of BRENNAN 1NDUSTRIAL/.~GROUP, INC., a Nevada corporation, o~
behalf of the corporation as the Managerxof~RENNAN-EO. REST ~ DEVELOPMENT, LLC, an Ohio iimite~
liability company. Personally known /_ O R 7/~e'~t id enT~(~i~----.
,~ . '~,'~ ~iotary'-i~UCl~c~ [/
'" ' ~' My Commission Expires:
. ,: ,'/ ~' 'i
ATTEST: ~;
'~'.(Dw. ighi~E¢'i~. ;?~~, Clerk
provea as to m~ and legal
sufficiency:
Patrick White
Board of County Commissioners
tz;5~oz ~Chairman
Assistant County Attorney