Veronawalk Town Homes, Phase 1BCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer.~J
DATE: October 16, 2003
Veronawalk Phase lB
Preliminary Work Authorization
RE:
Attached please find a Preliminary Work Authorization for Veronawalk
Phase lB. 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
Reading File
VERONAWALK (PHASE lB) FINAL SUBDIVISION PLAN
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this I/o-~ day of ~ 2003, by and
between the Board of County Commissioners of Collier County Florida, hereinafter referred to
as "County", and DiVosta and Company, Inc., hereinafter referred to as the "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 02-35 known as the
Winding Cypress Planned Unit Development, hereinafter referred to as the PUD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of
VERONAWALK (PHASE lB) Final Subdivision Plan, attached hereto as exhibit "A" and
incorporated herein by reference; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because maintaining the construction schedule for VERONAWALK (PHASE lB) Final
Subdivision Plan improvements is paramount with the on-going construction and development
of the approved WINDING CYPRESS 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:
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.
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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
VERONAWALK (PHASE lB) Final Subdivision Plans, WilsonMiller, Inc., Drawing File
No. D-0506-68, sheet numbers 1 through 26, dated August 2003 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 VERONAWALK (PHASE lB),
prepared by Mark 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:
VERONAWALK (PHASE lB) Final Subdivision Plans, WilsonMiller, Inc., Drawing
File No. D-0506-68, sheet numbers 1 through 26, dated August 2003.
Plat for VERONAWALK (PHASE lB), prepared by MARK BERMAN, P.S.M., of
WilsonMiller, Inc.
SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
ao
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.
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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 (b) in Section 3 above have been satisfied. Owner
understands that no building permit will be issued for habitable structures within VERONAWALK
(PHASE 1B), 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.
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 (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 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.
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Signed, Sealed and Delivered
in the presence of:
9fgnature
Printed or typed name
~natu~e !
Printedfor tyl~ed name
DiVosta and Company, Inc.
Micha/e~. R~sen,-Vice President
ATTEST:
...~ ~... ~ ~ ~
DWIgHT:E: ,BROCK,';~LE RK
Clerk
~tr~ck ~hit~, ~sq.
Assistant Coun~ A~ornoy
BOARD OF COUNTY COMMISSIONERS
OF COLLIER,~NTY.~TRIDA ·
Tom Henning, Chairman
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STATE OF FLORIDA )
)
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me this ~'day of
2003, by Michael D. Rosen, Vice President of DiVosta and Company, Inc. who is personally
known to me or who has produced
, as identification.
WITNESS my hand and official seal this,~,~ day of
NOTARY PUBLIC - STATE OF FLORIDA
SADA E, ARIAS
MY COMMISSION # DD 071794
EXPIRES: March 10, 2006
Bonded Thru Budgel Notary Services
Print or Type Notary Name
My Commission Expires: bb 0r~ lq ~ 1~
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