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Island Walk Phase 4COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERIN6 REVIEW SECTION ~E~ORANDU~ TO: rte. F~_.~O_tL~ ''. 'v ~r,. ~:~SsJstant FROM: ,Tohn R. Houldsworth, Senior Engineer DATE: February 9, 2000 RE: Fr~-gT~inory Work Authorization Attached please find o Preliminary Work Authorization for Island Walk Phase Four. This document has been reviewed by Engineering Review and the County Attorney's Office. Collier C~,+ ~_"_ ~'~ ::_e~_;.] ~rovides for the administrative a~-~FOval 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 Reoding File Wils Miller 3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 Phone No. 941//649-4040 Fax No.s 941/643-5716 (Main), 941/643-6682 (Survey), 941/649-4909 (Planning/Env.), 941/649-5476 (Accounting), 941/263-6494 (Engineering), 941/263-6446 (Administration) TO: John Houldsworth Collier County Developmental Services LETTER OF TRANSMITTAL Date: 2/8/00 PIN: N0772--024--001--FDFSD File Designator: ecor Project Name: IslandWalk Phase 4 Ref: We are sending attached via: [] Client Pickup [] Delivery [] Mail [] Overnight Express, the following items: [] Prints [] Plans [] Specifications [] Change Order [] Copy of Letter [] Shop Drawings [] Disk [] Thermal Plot [] Other: Copies Date Drawing File No. Description/Sheet Numbers 1 11/9/99 Copy of PWA and Warranty Deed THESE ARE TRANSMITTED as checked below: [] For approval [] For your use [] As requested [] For review and comment [] FOR BIDS DUE [] PRINTS RETURNED AFTER LOAN TO US COPY TO: Allen Witt, WM w/enclosures Mike Rosen w/o enclosures Original to Client Copy to Project File SIGNED Scot Morrison, El. ~ If enclosures are not as noted, kindly notify us at once. 8/6/99-20866 Vet: 01 t-GLombard Ng226-001-000-EPSA-23069 ISLANDWALK PHASE FOUR PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this/t~ ~ day of,~--~ , 2000, by and 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 the PUD; and WHEREAS, the Owner represents and warrants it is the record fee title owner of ISLANDWALK PHASE FOUR , 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 FOUR 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 1 of ~P 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. o 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 FOUR, Wilson Miller, Barton & Peek, Inc., Drawing File No. D-0772- 22, sheet numbers 1 through 26 dated November, 1999, 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 FOUR, prepared by Marc Berman, P.S.M., of WilsonMiller, 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: ISLANDWALK PHASE FOUR, Final Subdivision Improvement Plans, WilsonMiller, Drawing File No: D-0772-22, sheet numbers 1 through 26, dated November, 1999. Plat for ISLANDWALK PHASE FOUR , prepared by Marc Berman, P.S.M., of WilsonMiller, Inc. Page 2 of ~ 11/24/99-65987 Ver: 01 !-SMORRiSO N0772-024-000--0 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 (t~) in Section 3 above have been satisfied. Owner understands that no building permit will be issued for habitable structures within ISLANDWALK PHASE FOUR, 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. I 1/24/99-65987 Vet OI!-SMORRISO N0772-024-000-~0 Page 3 of~> 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: Sunco Building Corporation: Witnesses _ Signature Printed or typed~e Printed or typed name Vice President 11/24/99-65987 Vet OI !-SMORRiSO N0772-024-000~-0 DWiGHT,E. BROCK, CLERK o ~t~'s!~' as to Chai~,~q Apprgved~las t~n~ncy: ~avid C~ ~eigel, Esquire Collier Co~W A~omey BOARD OF COUNTY COMMI~SSIONERS OF COLLIE~"'~, FLORIDA By: ' ° Timothy . C~stantine,'~a'n ~ 11/24/99-65987 Vet: 01! SMOI~RISO N0772-024 000--0 STATE OF FLORIDA ) ) COUNTY OF COLLIER ) THE FOREGOING INSTRUMENT was acknowledged before me this 8th day of February, 2000, by Mike Rosen of Sunco Building Corporation, who is personally known to me or who has produced ~ .~? ~ ¢,L , as identification. WITNESS my hand and official seal this 8th day of February, 2000. NOTARY PUBLIC ~ STATE OF FLORIDA Print or Type Notary Name My Commission Expires: I 1/24/9945987 Vet: OI !-SMORRISO N077241244)lIO-A} Page ~ of ~- Feb O8 CIO CI3:4Op 02/08/00 TUE 15:39 FAX I 941 334 3955 This Instrument Prepared By and Please Return To: lO}tN F. STEWART SHEPPARD, BKETT, STEWART, HERSCH & KINSEY, P.A 2121 West First Street P. O. Drawer 400 Fort Myers, Florida 33902 H PA 2583852 OR: 2633 PG: 1252 RICORHO in oI'H~[~.I, R]CORO{i of COI, l. Iill COOII?Y. 0I/H/~000 at. lit 15Al( D~'I~fl' I. BROCK, CHH 7HTH0,00 HC ~ll 15.00 DOC-.?0 5521~,00 Grantee(s) S.S. #65-0663645 THIS WARRANTY DEED, made this ~ day of January. 2000, hetweet~ Harvey Bros. Farms, Inc., a Maryland corporation whose post office address is: 73 73 Vanderbilt Beach Road Extension Naples, Florida 34 ] ] 9 hereinafter called the grantor, to Island Walk Development Company, a Florida corporation whose post office address is: 4500 PGA Blvd. Suite 400 Palm Beach Gardens, Florida 3341 g hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of indi'vidual% and the ~uccessors and assigns of corporations) WITNESSETH, that the grantor, for and in consideration of the suni of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, rcmises, releases, conveys and confirms unto the grantee all that certain land situate in Collier County, State of Florida, viz: SEE EXHHHT "A" ATTACHED Subject to easements, restrictions and reservations of record, if any, and oil, gas and/or mineral rights set forth in Deed Book 30, Page 91 and De~d Book 34, Page 260 of the Public Records of Collier County, Florida, and taxes for 2000 and subsequent years. Property Appraiser's P~rccl Identification Number! A portion of SUap #00203200005 Feb 08 OO 03: 4Op 02/08/00 TUE 15:39 FAX I 84l 334 3965 SB SHPA TOGETHER, with ali the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO NAV~ AND TO HOLD, the same in fee simple foreveT. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good ri§kt arid lawful au~horixy ~o sell and convey said land, and hereby warrants the title to said land and will d~fend the same against the lawful claims of all persons whomsoever~ and that said land is flee of ~II"' encumbrances, except taxes accruing subsequent to December 31, 1999. t ! IN WITNESS WHEREOF, the said grantor ha4 signed and sealed these presents tl~e day and year first above wmten. , Signed, Sealed and Delivered H~4vey Bros. F-rms, lac., ~, Msryland in Our Presence: corporation John E Stewart Fred R. Earv~y, Preside~ Printed Name of Witness SHERRY' N. $ilViES Printed Naxne of Witness STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged befo~'e me this /:~)r~_ day of January. 2000, by FILED IL HAB, VEY. President of Harvey Bros, Farms, Inc., a Maxyla~d corporation who is pers__.gnaJiv known to_me or who has produced identification. (Seal) - l ta -lSublic{/ . S ERRY N. S!ME:i; as Pnnted Notary Signature p.3 ~oo3 Feb OB O0 02/05/00 03: 4Op TUE 15:38 FAX I 941 334 3965 0004 EXHIBIT ;'A" Description of part of Section 33, Town~ip 48 South, Range 26 F-,ast, Colher County, Flo,'ida (171,64 */- Acre ParceJ) All that part of Section 33, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: BEGINNING at the North ~A corner of said Sect/on 33; thence along the North line of said Section 33, Soufl~ 89° 57' 09" East 2641 92 feet to the Northeast corner of satd Section 33, thence along the East linc of sald Section 33, South 02° 13' 50" East 3075 42 tbet; thence leaving said hne North 89° 55' 36" West 1407.85 feet; thence South 00° 08' 23" West 586,88 feet', ~h~Dce thence theacc thence thence thence thence theflCe 33and North North South North North North 89 ° 55' 32" West 982.17 feet; 00 ° 01' 04" West 200,00 feet; 89 ° 55' 32: East 682.71 feet; O0 ° 08' 23" East 1060.39 feet; 89 ° 55' 32" W~st 431.74 feet, 00 ° 08' 23" East 581.05 feet; North 89° 55' 32" West 555.29 feet to a point on thc North-South '/i line of said Section 33; along said line North 02° 1 I' 58" West 1818.59 feet to the North IA co~er of said Section the POINT OF BEGINNING of the parcel herein described; Containing 171.64 acres more or less. Subject to easements axtd restrictions of record. Bearings are based on the North line of said Section 33 being South 89° 57' 0o" East.