Veronawalk Phase Three
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer Jo ~
DATE: September 28,2004
RE: Veronawalk Phase Three
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Veronawalk
Phase Three. 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
OR G J'j'JAL
PPL-2004-AR-6454 REV: 1
Project: 2004080059
Date: 9/15/04 DUE: 9/29/04
VERONAWALK PHASE 3A FINAL SUBUIVI::iIUN PLAN
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this day of , 200 _' by and
between the Board of County Commissioners of Collier County Florida, hereinafter referred to
as "County", and DiVosta Homes, LP, 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 3A Final Subdivision Plan, more fully described in the attached 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 3A 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
A. 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:
1. Clearing of rights-of-way for road and drainage construction and clearing of
easements for utility and lake construction.
2. 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.
3. 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 3A Final Subdivision Plans, Wilson Miller, Inc., Drawing File No.
D-0506-78, sheet numbers 1 through 30, dated August, 2004 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 3A,
prepared by Mark Berman, P.S.M., of Wilson Miller, Inc.
B. 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:
1. VERONAWALK PHASE 3A Final Subdivision Plans, Wilson Miller, Drawing File
No: 0-0506-78, sheet numbers1 through 30, August, 2004.
2. Plat for VERONAWALK PHASE 3A, prepared by MARK BERMAN, P.S.M., of
Wilson Miller, Inc.
SECTION 3
PERMITS REQUIRED
Issuance of the Preliminary Work Permits shall be conditioned upon the following:
a. 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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b. 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 3A, 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.
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Page 3 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
SIGNED IN THE PRESENCE OF:
Witnesses
.:\)~ /\9--
Signature
~\e.- ~ .:=s-~
Printed or typed name
-~~ -¡r/~
Sign&e
!oßJ)4 IJf U1 f
Printed or typed name
ATTEST:
DWIGHT E. ~&:~~~I'~K
. r:2;';" ,.'.\\"':"'-
BY:~~~~.
s1~"" OIttJ.c:~>·'
'I -Ii? ...." ,c- .
Approved as to 1órMJåhð'ìegal sufficiency:
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DiVosta Homes, L.p.
A Delaware Limited Partnership
By: DiVosta Homes Holdings, LLC
A Delaware Limited Liability Company,
Its General Partner
~~
Mic el D. Rosen, Vice President
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By Donna <£-C'fIa'1ftrían -1~
Page 4 of 5
STATE OF FLORIDA
§§
COUNTY OF COLLIER
THE FOREGOING INSTRUMENT was acknowledged before me this I ~ da~ of ~wd
s:Qe" Ì'Y'\ S. c~
2004, by Michael D. Rosen, Vice President of DiVosta Homes, LP who i ersonally kn~o
me or who has produced
NONe
, as identification.
WITNESS my hand and official seal this I ~ day of û-u rt ~ . d.. 00 4---
~~r&tJM~ -R, ~~
NOTARY PUBLIC - STATE OF FLORIDA
.,.","t ~ MARLENE R. SALE _
"" .. MY COMMISSION # DD 1256E1O
Øf~ .'
HlOO-3-NOTARV FL NoI8IY ServIce & BondinQ,Inc.
Print or Type Notary Name
My Commission Expires:
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Page 5 of 5
LEGAL DESCRIPTION
(VERONAWALK PHASE 3A)
ALL THAT PART OF SECTION 26, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNìY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF VERONAWALK PHASE 2C, RECORDED IN PLAT BOOK XX,
PAGES XX THROUGH XX, PUBLIC RECORDS OF COLLIER COUNìY, FLORIDA, ALSO BEING A POINT ON
THE EAST LINE OF SAID SECTION 26;
. THENCE ALONG THE EAST LINE OF SAID SECTION 26, SOUTH 00·14'00" EAST 265.78 FEET;
THENCE CONTINUE ALONG SAID LINE SOUTH 00'14'36" EAST 1614.70 FEET;
THENCE LEAVING SAID LINE SOUTH 64'48'50" WEST 219.05 FEET;
THENCE SOUTHWESTERLY, 254.56 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCLE CONCAVE
NORTHWEST, HAVING A RADIUS OF 730.00 FEET, THROUGH A CENTRAL ANGLE OF 19'58'49" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 50·41'35" WEST 253.27 FEET;
THENCE SOUTH 60'40'58" WEST 882.71 FEET;
THENCE NORTH 29'19'02" WEST 519.02 FEET;
THENCE NORTH 24'00'00" EAST 435.96 FEET;
THENCE NORTH 06·33'04" WEST 193.34 FEET;
THENCE NORTH 52"42'59" WEST 606.51 FEET;
THENCE NORTH 09·50'59" EAST 1 073.74 FEET TO A POINT ON THE BOUNDARY OF VERONAWALK
PHASE 2C, RECORDED IN PLAT BOOK XX, PAGES XX THROUGH XX, PUBLIC RECORDS OF COLLIER
COUNìY, FLORIDA;
THENCE ALONG SAID LINE IN THE FOLLOWING FOUR (4) DESCRIBED COURSES;
1. SOUTH 60'15'52" EAST 359.35 FEET;
2. NORTH 79'09'27" EAST 874.41 FEET;
3. SOUTH 82'32'20" EAST 577.46 FEET;
4. NORTH 89·46'00" EAST 192.23 FEET TO SOUTHEAST CORNER OF SAID VERONAWALK PHASE 2C
AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 91.10 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE SOUTH LINE OF PHASE 2C PLAT BEING SOUTH 82"32'20" EAST
EX. A