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Island Walk Phase TwoRECEIVED FEB ~0 1999 COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SE6q-ZON MEMORANDUM TO:~,. Sue FiJson, Administrative Assistant FROM: ,Tohn R. Houldsworth, Senior Engineer DATE: ,Tanuary 26, :lc)Pc) RE: Island ,Walk Phase Two Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Island Walk Phase Two. 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 Readin9 File ISLANDWALK PHASE TWO PRELIMINARY WORK AUTHORIZATION . / TnIS AGREEMENT made and entered into this //'7/--2 day of~-~_ct, q, , 1999, by and - d 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 thc PUD: and WttEREAS, the Owner represents and warrants it is the record fee title owner of ISLANDWALK PttASE TWO , attached hereto as exhibit "A" and incorporated herein by reference; and WItEREAS, Owner represents that the Preliminary Work Authorization is needed because maintaining construction schedule for ISLANDWALK PI IASE TWO improvement plans is paramount with the on-going construction and dcvelopn'mnt of thc approved IslandWalk PUD; and WItEREAS, Owner represents and warrants that no construction shall occur in environmentally sensitive areas unless the necessary permits and approvals for thc 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 develop~nent plan or building permit as appropriate; and WIIEREAS. Section 3.2.7.3.6 of the [,and Development Code establishes a mechanism for processing and issuing a Preliminary Work Authorization. Page I ors NOW, TIIEREFORE, 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 i,MI'ROVEMENTS An Owner shall be permitted to perform lite following site preparation and construction activities subject to the conditions, limitations, and restrictions contained in Sections 3 throud~ 7 below, as follows: ~ Clearing of rights-of-way for road and drainage construction and clearing of casements for utility and lake construction. Construction of paving arid drainage infrastructure within street rights-of-way and in those areas which will scrx'e future residential areas, to include but m)t lilnitcd to subgrade, base, asphalt, storm pipe, hcadwalls, inlets, and sidewalks. Construction of infrastructure lo include x,.ater, sewer, irrigation Inains, and sewer pump stations. The preliminary work detailed in this Section shall be itt accordance with plans entitled ISLANDWAI.K PIIASE TWO, Wilson Miffer, Barton & Peck, Inc., Drawing File No. D-0772- 13, sheet numbers I through 12 dated December, 1998. hereinafter collectively referred to as the "Preliminary Work". Thc legal description of the boundaries of thc Preliminary Work is shown on lite proposed plat for ISLANDWAI.K PIfASE TWO, prepared by Joseph S. Boggs, P.S.M.. of Wilson, Miller, Barton & Peek, Inc. ' ' Print ~o ~,~) #orl~ being m'~dcrra~.en, Ch~ner shaft subrnit to the County, complete permit packages and applicable re~,iew and inspection fees for the necessary permits tbr the l'rcliminarv Work (the "Prelim inary \Vork Perm its"). These applications are as f:ollows: ISLANDWALK PI IASE TWO. Final Subdivision Improxcmcnt Plans. Wilson. Miller. Barton & Peek, Inc.. Drawing File No: D-0772-13. sheet number,; I through l' dated December, 1998. ~' Plat for ISI.ANI)WAI.K iqlASE 'IW(~ . prepared by Joseph S. [3o~t~s. P.S.M.. cf Wilson. Miller. I~arlo,~ & Peck. Inc. ~' Page 2 or 5 Issuance of the a. SECTION 3 PERMITS REQUIREI) Preliminary \Vork Permits shall be conditioned upon the follo,,~ lng: County staff finding that the application for Prclimina~. Work Permits are complete and satisfactory and are read.,,' for scheduling to thc Board of County Commissioners for final plat approval. ()x~ncr submitting to the County a copy of the early ~ork permit t,r actual .~',c'n~il l¥or~q the .qouth Florida Waler Management District for ail mac,ers included in the jurisdiction of thc .$oufl~ Florida Water Management District. which conforms x~ ith the Preliminary Work Release plans submitted to the County. SECTION 4 APPROVAI.S Count)' will issue the Prelimina~, Work Permits to permit the Preliminau, Work prior to plat approval once conditions (a) through (c) in Section 3 above have been satisfied. Owner understands that m~ building permit will be issued for habitable struclurcs x~'ithin ISLANDWAI.K I'[IAS[.; TWO until thc plat is approved and recorded. ' SECTION 5 INI) EMNIFICA'FION O~vner agrees to indemnify and hold County harmless against any ~md all liability, loss. dam~ge or expense from claims or causes of'action including attorneys fees and cot~rt costs, resulting f?om. arising2 out of, and in connection with O vner s neulJuence and/or willful misconduct in the construction of' the Preliminary Work under the Prelim/nary Work Permits or an), ch:,llcnge bx.' ~tnv person or party ob.j¢ctiw.:, to the legality or validity ofthis Agreement. ' ' ~ SECTION 6 RESTRICTIONS This Agreement shall be binding up,on thc panics 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 thc Owner is delayed in having his final plat reviewed by the Board due to the fault of the County. Ail 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 whhin this authorization period. No work is authorized under this Agreement prior to satis~'ing the conditions (a) through (c) in Section 3 of this Agreement. Any aucmpt to commence work prior to issuance of requisite permits shall render all provisions of this Agreement nub and void. p ,j t s final plat will be approved upon submission to tile Board of County C~mmissk)ncrs. The Owner is required to comply w/th all of Ibc provisions and procedures of tile [.and Development Code before the final plat can be submitted to the Board for consideration. IN WITNESS WI IEREOF, thc parties have executed this Agreement tile day first above written. Signed, Sealed and Delivered Sunco lluildine Corporalion: in the presence off ~ Witnesses .- Printed or t)~d name Signaturg ~, ~ Prin~e:~o~ ty~ na~e qeputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNI'Y FI ORID^ V/ ~ , ' . ~ ..,. '._.' '-/~/- Ltameh S. Mac' KLe. Ct~it~'9~ Pag~ 4 0£5 Approved as to form and legal sufficiency: .~4),~vid C. Weigh, ~squire Collier County Attorney STATE OF FLORI I)A ) ) COUNTY OF COI. I.IER ) TtlE FOREGOING INSTRU~IEN'F was acknowledged bcfi~re me th~s ,.~Tf day of ~_./X'z/.. 19t~, by Mike Rosen of Sunco ltuilding Corporation. who is personally km~wn to mc or who has prodt~ccd / /~/.~ , as identification. WITNESS my hand and official seal this .,.5.,"'fi' da,,' of_t~7.SC?./ . 199~. I"rint or Type Notary. Name Page 5 or' 5 Lkzscrilallon ot"p:srl uf Scclm,~ 33. 'l'own:~p 4ff Range 26 East, Cnllier County, Florida All ~ ~ u['~CClio, q3. Township 41~ 3,,uth, Range 26 E,~f~. C'ollicr (' ount)'. Flor. ld~ bc, ng more %ws, ticulatly d,escribed as fiallnw~ C~CING mt the .";outhwest ccn-m:r of.~id Section 33. ~~ W~ llne ofs~d S~ion tt. No~ ~ N~ ~t of~ !~ ul'Va~c~Hr Beth Road (~.R ~62); ~ ~ ~ ~d Wcs~ li~ No~h 02* I 1' 37' Wc~t 2.~'1.'II feet ~ thc PeIN 1 OF BEOI~G of~ ~l ~min d~b~; ~e contin~ Nnnh 02~ ! I' 37' Wc~t 25R7.71 f~t tu Ibc North~s~ carnet nf~id ~ s[O~ ~ Nu~ Iirg of ~a~d Section 33, Sou~l ~9~ ~%' 27" E~t 2644, I ~ l~ct lo the N~ 1/4 ~ or.id ggti~ 33: ~ ~ l~ No~-fl~h 1/4 linc o1' ~id Se~fi~m )3. So~lh 02c 1 l' 58" Ea~ ~ ~ ~ 8 59 f~ ~e ~ gg* 55' 32 ~ F~ 555.29 ~ ~ ~ ~' 23~ We~t 5ZI.05 feet: ~ ~ ~ 55' ~2~ F~t 431.74 ~ ~ ~" ~' 23" West 1060.39 ~ Hoflh $~ 55' 32" We~t 6~2.71 feet. l~t ~ 19' 55' 32" Wes~ 2914.97 fe~ ~ ~ ~,inl on tltc We~t line of ~a~d S~iua 33 ~ ~ PO~T O~' FlE(;I~ING ofl~ r~recl mote vt ~ml restrictions of recnrd ~ ba.~x:d on the We.,a line o/'~id Section 33 bem~ North 02" } 1' 37"