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Island Walk Phase Five ACOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer DATE: September 28, 2000 RE: Island Walk Phase Five A Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Island Walk Phase Five A. This document has been reviewed by Engineering Review and the County Attornev'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 ISLANDWALK PHASE FIVE PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this .~ day of ~J~Z'. ,2000, 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 FIVE, 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 FIVE 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 pdor 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 5 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 FIVE , WilsonMi(ler, Inc., Drawing File No. D-0772-28, sheet numbers 1 through 19 dated June, 2000 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 FIVE , prepared by Marc Berman, P.SM., of WilsonMiller, Inc. Pdor 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 FIVE Final Subdivision Improvement Plans, WilsonMiller, Drawing File No: D~~)772-28, sheet numbers 1 through 19 dated June, 2000. Plat for ISLANDWALK PHASE FIVE , prepared by Marc Berman, P.S.M., of WilsonMiller, Inc. Page 2 of 5 SECTION 3 PERMITS REQUIRED Issuance of the Preliminary Work Permits shal{ 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 Workers to permit the Preliminary Work prior to plat approval once conditions (a) through ~)~l:~"Section 3 above have been satisfied. Owner understands that no building permit will be issued for habitable structures within ISLANDWALK PHASE FIVE, 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, adsing 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. 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 p,_eriod. No work is authorized under this Agreement prior to satisfying the conditions (a) througl~) in Section 3 of this Agreement. Any attempt to commence work prior to issuance of requirermits shall render all provisions of this Agreement null and void. By entedng into this Agreement the County does not guarantee and the Owner cannot rely upon the fact that the preject'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: Witnesses Signature Printed or typed name ~cnature Printed or typed name Mich~,~l D. Rosen, Vice President BOARD OF C~.kN-~"'C'E)l~ISSIONERS OF COLLI~.R CO,,UNTY, FLORIDA Tim oth J~,~onstantin'~,~hairm ~1~' s~gnature on] , .. ~n~to ~rm and legal sufficiency: David C V~Tei~el, Esquire ~ -~,~ . · ~ Colher County A~orney STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING INSTRUMENT was acknowledged before me this 8th day of ~.-'~, t~t~ ~rf~Corporation,~s p~y known~ February, 2000, by Mike Rosen of Sutrco Building or who has produced , as identification. WITNESS my hand and official seal this 8t" day of February, 2000. NOTARY PUBLIC - STATE OF FLORIDA Print or Type Notary Name My Commission Expires: Page 5 of 5