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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