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Island Walk, Phase SixCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: FROM: ~ ~ ~!~ ~ ~1~jl ~t~ e Assistant John R. Houldsworth, Senior Engine DATE: April 19, 2001 RE: Pre~T~-m'inar¥ Work Authorization Attached please find a Preliminary Work Authorization for Island Walk Phase Six. This document has been reviewed by Engineering Review and the County Attorney's Office. C o I lie r C o u n t y,~,~:~~ ~~,~.~1~.~0 ~J~e,s~.~o~.~..~,~he ~ a~~~v~ap~oval of ~eliminary 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 SiX PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this ,30~- day of ,~I°i~.~L.--, 2001, 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 SIX 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 I 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 , WilsonMiller, Inc., Drawing File No. D-0772-35, sheet numbers 1 through 18, dated March 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 SIX, prepared by Marc 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: ISLANDWALK PHASE SIX, Final Subdivision Improvement Plans, WilsonMiller, Drawing File No: D-0772-35, sheet numbers 1 through 18 dated March, 2001. Plat for ISLANDWALK PHASE SIX , prepared by Marc Berman, P.S.M., of WilsonMiller, Inc. Page 2 of 5 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 SIX, 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. 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: Witnesses Signature Printed or typed name Signature Printed or typed name ~en, Vice President ATTEST: .ERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA legal sufficiency: David Esquire Collier County Attorney STATE OF FLORIDA ) ) COUNTY OF COLLIER ) THE FOREGOING INSTRUMENT was acknowledged before me this 19th day of March, 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 19th day of March, 2001. '~" = DELTA. ~RM 5086" } WILL BE -S. tDWALK THE A LOW Of 1,3.2 'ION -liN ;ORPORATION, -- LAND, HAS FOR ~.SED THE COUNTY ~,INING TO THE ITY ORDINANCE ~EPICTION OF THE SUPPLANTED IN R GRAPHIC OR ON THIS PLAT DESCRIPTION DESCRIPTION OF PART OF SECTION 33, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (ISLANDWALK PHASE SIX) ALL THAT PART OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF TRACT "G" OF ISLANDWALK PHASE ONE AS RECORDED IN PLAT BOOK 29, PAGES 100 THROUGH 106, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD (C.R.. 862); THENCE ALONG THE BOUNDARY OF SAID TRACT "G" IN THE FOLLOWING THREE (.3) DESCRIBED COURSES; 1. NORTH 00'06'05" EAST 65.24 FEET; 2. SOUTHWESTERLY, WESTERLY, NORTHWESTERLY AND NORTHERLY, 783.88 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 406.00 FEET, THROUGH A CENTRAL ANGLE OF 110'37'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 52'32'2,3" WEST 667.67 FEET; 3. NORTH 87'13'4.1" WEST 7.40 FEET TO A POINT ON THE EAST LINE OF ISLANDWALK BOULEVARD (TRACT "A") OF SAID ISLANDWALK PHASE ONE; THENCE ALONG SAID LINE NORTH 00'01'04-" WEST 90.00 FEET; THENCE SOUTH 89'58'56" WEST 15.00 FEET TO A POINT ON THE EAST LINE OF ISLANDWALK BOULEVARD OF ISLANDWALK TOWNCENTER AS RECORDED IN PLAT BOOK 33, PAGES 73 THROUGH 77, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE NORTHWESTERLY AND NORTHERLY, 39.27 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST,' HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 45'01'04" WEST 35.36 FEET; THENCE CONTINUE NORTH 00'01'04" WEST 1241.5.3 FEET TO A POINT ON THE SOUTH LINE OF TRACT "D" OF SAID ISLANDWALK TOWNCENTER; THENCE ALONG SAID LINE NORTHEASTERLY, 250.01 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 378.00 FEET, THROUGH A CENTRAL ANGLE OF 37'53'44" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 71'02'04" EAST 245.48 FEET; THENCE CONTINUE SAID LINE NORTH 89'58'56" EAST 536.,32 FEET; THENCE LEAVING SAID LINE SOUTH 58'50'24" EAST 357.01 FEET; THENCE SOUTH 64'32'40" EAST 707.92 FEET; THENCE SOUTH 17'33'52" WEST 479.59 FEET; THENCE SOUTH 05'33'11" WEST 845.74 FEET; THENCE SOUTH 00'06'05" WEST 121.77 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD (C.R.. 862); THENCE ALONG SAID LINE NORTH 89'53'55" WEST 908.73 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 62.,37 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST LINE OF ISLANDWALK BOULEVARD OF ISLANDWALK PHASE ONE BEING NORTH 00'01'04" WEST.