Island Walk, Phase SixCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO:
FROM:
~ ~ ~!~ ~ ~1~jl ~t~ e Assistant
John R. Houldsworth, Senior Engine
DATE: April 19, 2001
RE:
Pre~T~-m'inar¥ Work Authorization
Attached please find a Preliminary Work Authorization for
Island Walk Phase Six. This document has been reviewed by
Engineering Review and the County Attorney's Office.
C o I lie r C o u n t y,~,~:~~ ~~,~.~1~.~0 ~J~e,s~.~o~.~..~,~he ~
a~~~v~ap~oval of ~eliminary 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 SiX
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ,30~- day of ,~I°i~.~L.--, 2001, 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 SIX
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 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.
Page I 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 , WilsonMiller, Inc., Drawing File No. D-0772-35, sheet
numbers 1 through 18, dated March 2001 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 SIX, prepared by Marc Berman,
P.S.M., of WilsonMiller, 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:
ISLANDWALK PHASE SIX, Final Subdivision Improvement Plans, WilsonMiller,
Drawing File No: D-0772-35, sheet numbers 1 through 18 dated March, 2001.
Plat for ISLANDWALK PHASE SIX , prepared by Marc Berman, P.S.M., of
WilsonMiller, Inc.
Page 2 of 5
SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall 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 Work Permits to permit the Preliminary Work prior to plat
approval once conditions (a) through (c) in Section 3 above have been satisfied. Owner
understands that no building permit will be issued for habitable structures within ISLANDWALK
PHASE SIX, 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.
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 period. No work is
authorized under this Agreement prior to satisfying the conditions (a) through (c) 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.
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
Signature
Printed or typed name
~en, Vice President
ATTEST:
.ERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
legal sufficiency:
David Esquire
Collier County Attorney
STATE OF FLORIDA )
)
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me this 19th day of March,
2001 by Mike Rosen of IslandWalk Development Corporation, who is personally known to me or
who has produced
, as identification.
WITNESS my hand and official seal this 19th day of March, 2001.
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ON THIS PLAT
DESCRIPTION
DESCRIPTION OF PART OF SECTION 33, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
(ISLANDWALK PHASE SIX)
ALL THAT PART OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF TRACT "G" OF ISLANDWALK PHASE ONE AS RECORDED IN
PLAT BOOK 29, PAGES 100 THROUGH 106, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ALSO
BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD (C.R.. 862);
THENCE ALONG THE BOUNDARY OF SAID TRACT "G" IN THE FOLLOWING THREE (.3) DESCRIBED
COURSES;
1. NORTH 00'06'05" EAST 65.24 FEET;
2. SOUTHWESTERLY, WESTERLY, NORTHWESTERLY AND NORTHERLY, 783.88 FEET ALONG THE ARC OF A
NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 406.00 FEET,
THROUGH A CENTRAL ANGLE OF 110'37'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 52'32'2,3" WEST 667.67 FEET;
3. NORTH 87'13'4.1" WEST 7.40 FEET TO A POINT ON THE EAST LINE OF ISLANDWALK BOULEVARD
(TRACT "A") OF SAID ISLANDWALK PHASE ONE;
THENCE ALONG SAID LINE NORTH 00'01'04-" WEST 90.00 FEET;
THENCE SOUTH 89'58'56" WEST 15.00 FEET TO A POINT ON THE EAST LINE OF ISLANDWALK
BOULEVARD OF ISLANDWALK TOWNCENTER AS RECORDED IN PLAT BOOK 33, PAGES 73 THROUGH 77,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG SAID LINE NORTHWESTERLY AND NORTHERLY, 39.27 FEET ALONG THE ARC OF A
CIRCULAR CURVE CONCAVE TO THE NORTHEAST,' HAVING A RADIUS OF 25.00 FEET, THROUGH A
CENTRAL ANGLE OF 90'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 45'01'04"
WEST 35.36 FEET;
THENCE CONTINUE NORTH 00'01'04" WEST 1241.5.3 FEET TO A POINT ON THE SOUTH LINE OF
TRACT "D" OF SAID ISLANDWALK TOWNCENTER;
THENCE ALONG SAID LINE NORTHEASTERLY, 250.01 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 378.00 FEET, THROUGH A CENTRAL ANGLE OF
37'53'44" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 71'02'04" EAST 245.48
FEET;
THENCE CONTINUE SAID LINE NORTH 89'58'56" EAST 536.,32 FEET;
THENCE LEAVING SAID LINE SOUTH 58'50'24" EAST 357.01 FEET;
THENCE SOUTH 64'32'40" EAST 707.92 FEET;
THENCE SOUTH 17'33'52" WEST 479.59 FEET;
THENCE SOUTH 05'33'11" WEST 845.74 FEET;
THENCE SOUTH 00'06'05" WEST 121.77 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
SAID VANDERBILT BEACH ROAD (C.R.. 862);
THENCE ALONG SAID LINE NORTH 89'53'55" WEST 908.73 FEET TO THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED;
CONTAINING 62.,37 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST LINE OF ISLANDWALK BOULEVARD OF ISLANDWALK PHASE ONE
BEING NORTH 00'01'04" WEST.