White Lake Corporate Park ThreeCOMMUNITY DEVELOPMENT
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO:
5ua Filson, Administrative Assistant
FROM: ~Tohn R. Houldsworth, Senior Engineer
DATE: March~, 2000
RE:
White' Lake· Co~p~rg~, ~Pa~k Phase.~.~. Three
PrelimmaPy ~rk Authomzation
Attached please find o Preliminary Work Authorization for White
Lake Corporate Park Phase Three, This document has been
reviewed by Engineering Review and the County Attorney's Office,
Col~lier County Resolution No, 93-Z47 prey.ides for the
ad~nis?rative aPpr°val 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
WHITE LAKE CORPORATE PARK PHASE III
THIS AGREEMENT made and entered into this ~ b44~ day of Fetmasa'y, 2000, by
and between the Board of County Commissioners of Collier County Florida, hereinafter referred
to as "County", and William T. Higgs, hereinafter referred to as "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 92-8 known as White
Lake Industrial Park Planned Unit Development Ordinance, hereinafter referred to as the PUD;
and
WHEREAS, the Owner represents and warrants it is the record fee title owner of White
Lake Corporate Park Phase III, attached hereto as exhibit "A" and incorporated herein by
reference; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because maintaining construction schedule for White Lake Corporate Park Phase III
improvement plans is paramount with the on-going construction and development of the
approved White Lake Industrial Park PUD; 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:
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.
Page 1 of 5
mo
SECTION 2
IMPROVEMENTS
Owner shall be permitted to perform the following site preparation and construction
activities subject to the conditions, limitations, and restrictions contained in Section 3
through 7 below, as follows:
Construction of a 21 lot industrial subdivision on 38.56 acres which will include
roadwork, storm drainage, sanitary sewer, potable water, earthwork, and street
lighting.
The preliminary work detailed in this Section shall be in accordance with plans
entitled White Lake Corporate Park Phase III, RWA Inc., Drawing File No. 99-
0019, sheet numbers 1 through 19, dated June, 1999, hereinafter collectively referred
to as the "Preliminary Work". The legal description of the boundaries of the
Preliminary Work is shown on the proposed plat for White Lake Corporate Park
Phase III, prepared by Roger G. Carter, P.S.M., of RWA 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 permits
for the Preliminary Work (the "Preliminary Work Permits"). These applications are
as follows:
1. White Lake Corporate Park Phase III Final Subdivision Improvement Plans,
RWA Inc., Drawing File No: 99-0019, sheets numbers 1 through 19, dated June,
1999.
2. Final plat for White Lake Corporate Park Phase III, prepared by Roger G.
Carter, P.S.M., of RWA, Inc.
SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
a. County staff finding that the application 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 or actual 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.
Page 2 of 5
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 that no building permit will be issued for habitable structures
within White Lake Corporate Park Phase III until the 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 attorneys 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 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 final plat is not submitted and approved by the Board of
County Commissioners within the authorized 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 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 of 5
IN WITNESS THEREOF, the parties have executed this Agreement the day
first above written.
Signed, Sealed and Delivered
in the presence of:
Signature
Printed or typed name
Signature
Printed or typed name
V~er T. Higgs ~/~7
ATTEST:
DWIGHT E. BROCK
Attest ~s to Cha?~nan's
signature onljt.
:'.~'App[oved as to fo~ ~d legal sufficiency:
~~avi~C. W~igel, Esquire
~Collier County Attorney
CO1V~ISSIONERS OF COLLIER
Page 4 of 5
STATE OF FL(~.Ip/~A :, , )
COUNTY OF ~ )
THE FOREGOING INSTRUMENT was acknowledged before me this :~V ,da~ of
February, 2000, by William T. Higgs, as Owner. He is personally known to me'or
who has produced , as identification.
WITNESS my hand and official seal this .2 C/day of February, 2000.
N6~ARY PUBLIC- STATE OF~LORIDA
CAROL ANN ANTFELD
Print or Type Notary Name
My Commission Expires:
Page 5 of 5
PLAT BOOK PAGE
SHEET 2 OF 2
LEGAL DESCRIPTION
BEING PART OF SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
'~' Ali"that port of SeCt;on 352 Townsh,t~ ~:$outh. R0~"26 East, being
Lake Phase One, Plot Book 23, Page 85, and a portion of White Lake Corporate Park ~roct
B" Plat Book 51, Pages 26 throu9h 28 of the Public Records of Collier County, Florida,
being more particularly described as follows:
Beginning at the northeast corner of Lot 1, White Lake Corporate Park, as recorded
Plat Book 31, Page 26 through 28 of the Public Records of Collier County, Florida;
Thence alan9 the East and West 1/4 section line of said 3eot[on 35, No~h 89'00'0t" East
550.88 feet to the Easterly line of said Section 35, line used by Florida Deportment of
Transportation when determinin9 1-75 Right-of-Way, os monumented and occupied:
Thence along the smd Easterly line South 01'57'08" East 2089.97 feet to the North
Right-of-Wov line of a 70.00 foot wide Access Road, as recorded in Road Plat Book
Pages 6 through ~5 of the Public ~ecords of Collier County, Florida;
Thence along the said North Right-of-Way line the following three (3) described courses;
~) Thence westerly 22.49 feet along the arc of ~ non - tangential circular curve
concave to the south having a radius of 1562.89 feet through a central angle of
00'49'28" and being subtended by o chord which bears North 88'22'53' West
22.49 feet, to a paint of reverse cu~ature;
(2) Thence westerly 411.28 feet.along the arc of a tangential circular curve
concave to the north having o radius of 1492.89 feet through a central angle of
15'47'04" and being subtended by a chord which bears North 80'54'05" West
409.98 feet;
(3) Thence North 73'00'33" West 1285.70 feet;
Thence leaving the said North Right-of-Way line North 16'59'27" East 218.55
~ "' Thenc"~' N";."~ ;8'4--~';¢" WeSt 244.35 .... fee--'"'-- ~'~"'to the south lini 'of-White C'orporot~';
Pork. os recorded in Pier Book 31, Pages 26 through 28 of the Public Records of
Collier County, Florida;
Thence along the said south line South 73'00'53" East 216.06 fee~:
1hence teovm9 the said south line South 68'03'23" East 78.36 feet;
Thence South 66'23'17" East 49.66 feet;
Thence South =a'45'25" East 64 85 feet;
Thence South 80'59'46" East 113.84 feet;
Thence South 76'18'14" East 60.01 feet;
Thence South 70'03'28" East 27077 feet;
Thence South 82'35'56" East 40.09 feet;
Thence South 88'02'00" East 78.05 feet:
Thence northeasterly 41.90 feet along the arc of o tangential circular curve
concave to the northwest having o radius of 50.00 feet through o central angle of
48'00'43" and bain9 subtended by ~ chord which bears North 67'57'39" East
40.68 feet, to o point of compound cu~oture;
Thence northeasterly 100.66 feet along the arc of ~ tangential circular curve
concave to the west having ~ radius of 135.00 feet through a central angle of
42'43'14" and bain9 subtended by ~ chord which bears North 22'35'40" East
98.34 feet, t,s tee e~ast ~ine of said White lake (~orporote
Thence alan9 the so~d east line the following three ~3) described courses;
(1) Thence North 01'13'59" East 123.41 feet;
(2) Thence North 08'48'50' West 102.08 feet;
(5) Thence North 00'58'42" West 1073.47 feet, to the Point of Be?nnin9 of the
herein descrioed parcel
Co~tai~i~g ~8.s6 ~es mo~ o~ ~ess.
Subject to easements end restrictions of records
Bearings ore based on the said East and West 1/4 section line bein9 North 89'00'01" East.
CURVE TABLE
LOT 1, DELTA CB