Island Walk Phase Five ACOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer
DATE: September 28, 2000
RE:
Island Walk Phase Five A
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Island Walk Phase Five A. This document has been reviewed
by Engineering Review and the County Attornev'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
ISLANDWALK PHASE FIVE
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this .~ day of ~J~Z'. ,2000, by
and between the Board of County Commissioners of Collier County Florida, hereinafter
referred to as "County", and IslandWalk Development Corporation, hereinafter referred
to as the "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 97-6 known
as the IslandWalk Development Ordinance, hereinafter referred to as the PUD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of
ISLANDWALK PHASE FIVE, 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 ISLANDWALK PHASE FIVE
improvement plans is paramount with the on-going construction and development of the
approved IslandWalk 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 pdor 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.
Page 1 of 5
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:
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
Owner shall be permitted to perform the following site preparation and construction
activities subject to the conditions, limitations, and restrictions contained in Sections 3
through 7 below, as follows:
Clearing of rights-of-way for road and drainage construction and clearing of
easements for utility and lake construction.
Construction of paving and drainage infrastructure within street rights-of-way and
in those areas which will serve future residential areas, to include but not limited
to subgrade, base, asphalt, storm pipe, headwalls, inlets, and sidewalks.
Construction of infrastructure to include water, sewer, irrigation mains, and
sewer pump stations.
The preliminary work detailed in this Section shall be in accordance with plans entitled
ISLANDWALK PHASE FIVE , WilsonMi(ler, Inc., Drawing File No. D-0772-28, sheet
numbers 1 through 19 dated June, 2000 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 ISLANDWALK PHASE FIVE , prepared by Marc
Berman, P.SM., of WilsonMiller, Inc.
Pdor 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:
ISLANDWALK PHASE FIVE Final Subdivision Improvement Plans,
WilsonMiller, Drawing File No: D~~)772-28, sheet numbers 1 through 19 dated
June, 2000.
Plat for ISLANDWALK PHASE FIVE , prepared by Marc Berman, P.S.M., of
WilsonMiller, Inc.
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SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shal{ be conditioned upon the following:
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.
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.
SECTION 4
APPROVALS
County will issue the Preliminary Workers to permit the Preliminary Work prior to plat
approval once conditions (a) through ~)~l:~"Section 3 above have been satisfied. Owner
understands that no building permit will be issued for habitable structures within ISLANDWALK
PHASE FIVE, 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, adsing 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.
Page 3 of 5
SECTION 7
LIMITATIONS
This Agreement shall expire sixty (60) 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 Commissioner's
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 this authorization p,_eriod. No work is
authorized under this Agreement prior to satisfying the conditions (a) througl~) in Section 3 of
this Agreement. Any attempt to commence work prior to issuance of requirermits shall
render all provisions of this Agreement null and void.
By entedng into this Agreement the County does not guarantee and the Owner cannot rely
upon the fact that the preject'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.
Signed, Sealed and Delivered
in the presence of:
IslandWalk Development Corporation:
Witnesses
Signature
Printed or typed name
~cnature
Printed or typed name
Mich~,~l D. Rosen, Vice President
BOARD OF C~.kN-~"'C'E)l~ISSIONERS
OF COLLI~.R CO,,UNTY, FLORIDA
Tim oth J~,~onstantin'~,~hairm ~1~'
s~gnature on] , ..
~n~to ~rm and legal sufficiency:
David C V~Tei~el, Esquire ~ -~,~
. · ~
Colher County A~orney
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING INSTRUMENT was acknowledged before me this 8th day of
~.-'~, t~t~ ~rf~Corporation,~s p~y known~
February, 2000, by Mike Rosen of Sutrco Building
or who has produced , as identification.
WITNESS my hand and official seal this 8t" day of February, 2000.
NOTARY PUBLIC - STATE OF FLORIDA
Print or Type Notary Name
My Commission Expires:
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