Island Walk Phase TwoRECEIVED
FEB ~0 1999
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SE6q-ZON
MEMORANDUM
TO:~,. Sue FiJson, Administrative Assistant
FROM: ,Tohn R. Houldsworth, Senior Engineer
DATE: ,Tanuary 26, :lc)Pc)
RE:
Island ,Walk Phase Two
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Island
Walk Phase Two. This document has been reviewed by Engineering
Review and the County Attorney'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
Readin9 File
ISLANDWALK PHASE TWO
PRELIMINARY WORK AUTHORIZATION
. /
TnIS AGREEMENT made and entered into this //'7/--2 day of~-~_ct, q, , 1999, by and
- d
between the Board of County Commissioners of Collier County Florida, hereinafter referred to
as "County", and Sunco Building 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 thc PUD: and
WttEREAS, the Owner represents and warrants it is the record fee title owner of
ISLANDWALK PttASE TWO , attached hereto as exhibit "A" and incorporated herein by
reference; and
WItEREAS, Owner represents that the Preliminary Work Authorization is needed
because maintaining construction schedule for ISLANDWALK PI IASE TWO improvement
plans is paramount with the on-going construction and dcvelopn'mnt of thc approved
IslandWalk PUD; and
WItEREAS, Owner represents and warrants that no construction shall occur in
environmentally sensitive areas unless the necessary permits and approvals for thc 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 develop~nent plan or building permit as
appropriate; and
WIIEREAS. Section 3.2.7.3.6 of the [,and Development Code establishes a mechanism
for processing and issuing a Preliminary Work Authorization.
Page I ors
NOW, TIIEREFORE, 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
i,MI'ROVEMENTS
An
Owner shall be permitted to perform lite following site preparation and construction activities
subject to the conditions, limitations, and restrictions contained in Sections 3 throud~ 7 below, as
follows: ~
Clearing of rights-of-way for road and drainage construction and clearing of casements
for utility and lake construction.
Construction of paving arid drainage infrastructure within street rights-of-way and in
those areas which will scrx'e future residential areas, to include but m)t lilnitcd to
subgrade, base, asphalt, storm pipe, hcadwalls, inlets, and sidewalks.
Construction of infrastructure lo include x,.ater, sewer, irrigation Inains, and sewer pump
stations.
The preliminary work detailed in this Section shall be itt accordance with plans entitled
ISLANDWAI.K PIIASE TWO, Wilson Miffer, Barton & Peck, Inc., Drawing File No. D-0772-
13, sheet numbers I through 12 dated December, 1998. hereinafter collectively referred to as the
"Preliminary Work". Thc legal description of the boundaries of thc Preliminary Work is shown
on lite proposed plat for ISLANDWAI.K PIfASE TWO, prepared by Joseph S. Boggs, P.S.M..
of Wilson, Miller, Barton & Peek, Inc. ' '
Print ~o ~,~) #orl~ being m'~dcrra~.en, Ch~ner shaft subrnit to the County, complete permit
packages and applicable re~,iew and inspection fees for the necessary permits tbr the l'rcliminarv
Work (the "Prelim inary \Vork Perm its"). These applications are as f:ollows:
ISLANDWALK PI IASE TWO. Final Subdivision Improxcmcnt Plans. Wilson. Miller.
Barton & Peek, Inc.. Drawing File No: D-0772-13. sheet number,; I through l' dated
December, 1998. ~'
Plat for ISI.ANI)WAI.K iqlASE 'IW(~ . prepared by Joseph S. [3o~t~s. P.S.M.. cf
Wilson. Miller. I~arlo,~ & Peck. Inc. ~'
Page 2 or 5
Issuance of the
a.
SECTION 3
PERMITS REQUIREI)
Preliminary \Vork Permits shall be conditioned upon the follo,,~ lng:
County staff finding that the application for Prclimina~. Work Permits are complete and
satisfactory and are read.,,' for scheduling to thc Board of County Commissioners for final
plat approval.
()x~ncr submitting to the County a copy of the early ~ork permit t,r actual .~',c'n~il l¥or~q
the .qouth Florida Waler Management District for ail mac,ers included in the jurisdiction
of thc .$oufl~ Florida Water Management District. which conforms x~ ith the Preliminary
Work Release plans submitted to the County.
SECTION 4
APPROVAI.S
Count)' will issue the Prelimina~, Work Permits to permit the Preliminau, Work prior to plat approval
once conditions (a) through (c) in Section 3 above have been satisfied. Owner understands that m~
building permit will be issued for habitable struclurcs x~'ithin ISLANDWAI.K I'[IAS[.; TWO until thc
plat is approved and recorded. '
SECTION 5
INI) EMNIFICA'FION
O~vner agrees to indemnify and hold County harmless against any ~md all liability, loss. dam~ge or
expense from claims or causes of'action including attorneys fees and cot~rt costs, resulting f?om. arising2
out of, and in connection with O vner s neulJuence and/or willful misconduct in the construction of' the
Preliminary Work under the Prelim/nary Work Permits or an), ch:,llcnge bx.' ~tnv person or party ob.j¢ctiw.:,
to the legality or validity ofthis Agreement. ' ' ~
SECTION 6
RESTRICTIONS
This Agreement shall be binding up,on thc panics 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 thc Owner is delayed in having his final
plat reviewed by the Board due to the fault of the County. Ail 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 whhin this authorization period. No work is authorized under this Agreement prior to
satis~'ing the conditions (a) through (c) in Section 3 of this Agreement. Any aucmpt to commence work
prior to issuance of requisite permits shall render all provisions of this Agreement nub and void.
p ,j t s final plat will be approved upon submission to tile Board of County C~mmissk)ncrs.
The Owner is required to comply w/th all of Ibc provisions and procedures of tile [.and Development
Code before the final plat can be submitted to the Board for consideration.
IN WITNESS WI IEREOF, thc parties have executed this Agreement tile day first above written.
Signed, Sealed and Delivered Sunco lluildine Corporalion:
in the presence off ~
Witnesses .-
Printed or t)~d name
Signaturg ~, ~
Prin~e:~o~ ty~ na~e
qeputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNI'Y FI ORID^ V/ ~
, ' . ~ ..,. '._.' '-/~/-
Ltameh S. Mac' KLe. Ct~it~'9~
Pag~ 4 0£5
Approved as to form and legal sufficiency:
.~4),~vid C. Weigh, ~squire Collier County Attorney
STATE OF FLORI I)A )
)
COUNTY OF COI. I.IER )
TtlE FOREGOING INSTRU~IEN'F was acknowledged bcfi~re me th~s ,.~Tf day of ~_./X'z/.. 19t~,
by Mike Rosen of Sunco ltuilding Corporation. who is personally km~wn to mc or who has prodt~ccd
/
/~/.~ , as identification.
WITNESS my hand and official seal this .,.5.,"'fi' da,,' of_t~7.SC?./ . 199~.
I"rint or Type Notary. Name
Page 5 or' 5
Lkzscrilallon ot"p:srl uf Scclm,~ 33. 'l'own:~p 4ff
Range 26 East, Cnllier County, Florida
All ~ ~ u['~CClio, q3. Township 41~ 3,,uth, Range 26 E,~f~. C'ollicr (' ount)'. Flor. ld~ bc, ng
more %ws, ticulatly d,escribed as fiallnw~
C~CING mt the .";outhwest ccn-m:r of.~id Section 33.
~~ W~ llne ofs~d S~ion tt. No~
~ N~ ~t of~ !~ ul'Va~c~Hr Beth Road (~.R ~62);
~ ~ ~ ~d Wcs~ li~ No~h 02* I 1' 37' Wc~t 2.~'1.'II feet ~ thc PeIN 1 OF
BEOI~G of~ ~l ~min d~b~;
~e contin~ Nnnh 02~ ! I' 37' Wc~t 25R7.71 f~t tu Ibc North~s~ carnet nf~id
~ s[O~ ~ Nu~ Iirg of ~a~d Section 33, Sou~l ~9~ ~%' 27" E~t 2644, I ~ l~ct lo the
N~ 1/4 ~ or.id ggti~ 33:
~ ~ l~ No~-fl~h 1/4 linc o1' ~id Se~fi~m )3. So~lh 02c 1 l' 58" Ea~ ~ ~ ~ 8 59
f~ ~e ~ gg* 55' 32 ~ F~ 555.29
~ ~ ~ ~' 23~ We~t 5ZI.05 feet:
~ ~ ~ 55' ~2~ F~t 431.74
~ ~ ~" ~' 23" West 1060.39
~ Hoflh $~ 55' 32" We~t 6~2.71 feet.
l~t ~ 19' 55' 32" Wes~ 2914.97 fe~ ~ ~ ~,inl on tltc We~t line of ~a~d S~iua 33
~ ~ PO~T O~' FlE(;I~ING ofl~ r~recl
mote vt
~ml restrictions of recnrd
~ ba.~x:d on the We.,a line o/'~id Section 33 bem~ North 02" } 1' 37"