Island Walk Phase SevenCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: ~,p~e, E~&dm inistrative Assistant
FROM: John R. Houldsworth, Senior Engineer
DATE: December 19, 2001
RE:
Island Walk Phase Seven
Pre!imiQ~r~Q[k Authoriz~tj~
Attached please find a Preliminary Work Authorization for.Js/~a.,..n,.d,,~¢!~
p~h~,~,,~eD. This document has been reviewed by Engineering
Review and the County Attorney's Office. Collier County Resolution
N,,~, 9,~! 4,7 provides for the adminis!ra~,v.e approval of preliminary.
~.k aU~hO¢izatiOns. Please have tl~e chair~nan 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 SEVEN
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ~-~ day of~~_~01, 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 SEVEN, 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 SEVEN
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.
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 SEVEN, WilsonMiller, Inc., Drawing File No. D-0772-39, sheet
numbers 1 through 30, dated August 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 SEVEN , prepared by Marc
Berman, P.S.M., of WilsonMiller, Inc.
Bo
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 SEVEN , Final Subdivision Improvement Plans,
WilsonMiller, Drawing File No: D-0772-39, sheet numbers 1 through 30 dated
March, 2001.
Plat for ISLANDWALK PHASE SEVEN , prepared by Marc Berman, P.S.M., of
VVilsonMiller, Inc.
Page 2 of 5
10/5/01- 99857 Ver: 01[- SMORRISO
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N0772-027-0{30- EWRK- 26076
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 SEVEN, 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.
1615/01- 99857 Vet: 01!- SMORRISO
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N0772-027-000- EWRK- 26076
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:
Signature
Printed or typed name
Signature
Printed or typed name
, Vice President
1015/01- 99857 Ver: 01~- SMORRISO
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N0772-027-000- EWRK- 26076
~ove¢~s ~o fo~ and legal su~aienay:
~avid c.:~eigel, Esquire ' ' Collier County ARorney
10/5101- 99857 Vec 01!- SMORRiSO
N0772-027-000- EWRK- 26076
STATE OF FLORIDA )
) §§
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me this 19t-h day of Met-eh,
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 LJ'~'~day of 0(.~
NOTARY PUBLIC - STATE OF FLORIDA
Print or Type Notary Name
My Commission Expires:
10/5/01- 99857 Ver: 01t- SMORRISO
C..Ae43
N0772-027-000- EWRK- 26076
Page 5 of 5
DESCRIPTION
DESCRIPTION OF PART OF SECTIONS 33 AND 34, 'TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNIY, FLORIDA.
(ISLANDWALK PHASE SEVEN) ~ ....
ALL THAT PART OF SECTIONS 33 AND 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF TRACT 'D' OF ISLANDWALK PHASE SIX AS RECORDED IN PLAT BOOK 36,
PAGES 89 THROUGH 92, PUBUC RECORDS OF COLLIER COUN'IY, FLORIDA ALSO BEING A POINT ON THE NORTH
RIGHT-OF-WAY UNE OF VANDERBILT BEACH ROAD (C.R. 862);
THENCE ALONG THE BOUNDARY OF SND ISLANDWALK PHASE SIX IN THE FOLLOWING FOUR (4) DESCRIBED COURSES;
2. NORTH 05'35'11' FAST 845.74 FEET;
3. NORTH 17'53'52' EAST 479.59 FEEl';
4. NORTH 64'32'40' WEST 707.92 FEET TO A POINT ON THE SOUTH UNE OF ISLANDWALK PHASE FIVE 'B' AS
RECORDED IN PLAT BOOK 3,6, PAGES 69 THROUGH 71, PUBUC RECORDS OF COLMER COUNTY, FLORIDA;
THENCE ALONG SAID UNE IN THE FOLLOWING FOUR (4) DESCRIBED COURSES;
1. NORTH 75'03'3,5' EAST 697.43 FEET;
2. SOUTH 89'54'20' EAST 609.2~, FEET;'
3. NORTH 55'51'55' EAST 262.02 FEEl';
4. NORTH 13'49'25' EAST 462.55 FEET TO A POINT ON THE NORTH UNE OF THE WEST 1/2 OF THE SOUTHWEST
1/4 OF SAID SECTION 34;
THENCE ALONG SAID UNE SOUTH 89'51'50' EAST 1135.88 FEET TO THE NORTHEAST CORNER OF .SAID WEST 1/2
OF THE SOUTHWEST 1/4 OF SAID SECTION 34; ·
THENCE 'ALONG THE EAST UNE OF SAID WEST 1/2 OF THE SOUTH'~EST 1/4 OF SECTION 34, SOUTH 02'14'00'
FAST 2528.84 FEET TO A POINT ON THE NORTH RIGHT~-OF-WAY UNE OF VANDERBILT BEACH ROAD (C.R, 862) 14.5
FOOT RIGHT-OF-WAY; '' ~
THENCE ALONG SAID UNE NORTH 89-5~'10' WEST 1,,322.2,.3 FEET TO A POINT ON THE EAST UNE OF SAID SECTION
33';
THENCE ALONG SAID UNE NORTH 02'13'50" WEST 25.02 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY UNE OF
VANDERBILT BE. ACH ROAD (C.R. 862) 170 FOOT RIGHT-OF-WAY;
THENCE ALONG SAID UNE NORTH 89-53'55' WEST 1109.29 FF. ET TO THE POINT OF BEGINNING OF THE pARCEL
HEREIN DESCRIBED;
CONTNNING 121.06 ACRES MORE OR LESS.
SUBJECT TO F_.ASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE NORTH RIGHT-OF-WAY UNE OF VANDERBILT BEN:;H ROAD (C.R. 862) BEING NORTH
89-53'35' WE;ST.
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