Island Walk Phase ThreeAUG 0 9 ~"~
COMMUN~-I'Y DEVELOPMENT
ENVIRONMENTAL SERV]:¢E$ bi:VI:SION
EN~]:NEEI~NG REVIEW 5ECT]:ON
MEMORANDUM
TO: 5ua Filson, ~d~inistrative Assistant
FROM: ,Tohn R. Houldswo~th, Senior Engineer
DATE: August ~, ]999
RE: ~an~~b~e ~cee
P~elimina~ Wo~k Authorization
Attached please find o Preliminary Work Authorization for ];sland
Walk Phase Three. This document has been reviewed by
Engineering Review and the County Attorney's Office. Collier
CoJdG.~.,Re, sc~lutios~o~93;;%~7, 'd_es. o~._t e.ad i istrative
approval of preliminary work authorizations. Please
Chairman sign the document and forward to the Clerk's office.
Should you have any questions, please advise.
jrh
CC;
Project File
I~eading File
ISLANDWALK PHASE THREE
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this /O ~ day of~~, I999, 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 thc "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. thc Owner represents and warrants it is thc record fcc title owner of
ISLANDWALK PHASE THREE, 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 PIIASE THREE 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 lhat the execution of this Agreement does not constitute a Development Order or any
other final approval by Collier County.
SECTION 2
! MPROVEM ENTS
Owner shall be permitled 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.
Construclion 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 preliminar)' x~'ork detailed in this Section shall be in accordance with plans entitled
ISLANDWALK PllASE TItREE. Wilson Miller, Barton & Peek, Inc., Drawing File No. D-
0772-23, sheet numbers I through 27 dated May, 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 THREE, prepared by Mike Maxwell, P.S.M.,
of Wilson, Miller. Barton & Peek, 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 Prelimina~'
Work (the "Preliminary Work Permits"). These applications are as follows:
ISLANDWALK PHASE TltREE , Final Subdivision Improvement Plans, Wilson.
Miller, Barton & Peek, Inc., Drawing File No: D-0772-23, sheet numbers I through 27.
dated May, 1999.
Plat for ISLANDWALK PtlASE THREE , prepared by Mike Maxwell, P.S.M, of
Wilson, Miller. Barton & Peek, Inc.
Page 2 of 5
SECTION 3
PERMITS REQUIRED
issuance oflhe 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. '
bo
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
APPROVAI~S
County will issue the Preliminary Work Permita to permit the Preliminary Work prior to plat approval
once conditions (a) through (c) in Section 3 above have been satisfied. Ov,'ner understands that no
building permit will be issued for habitable structures within ISLANDWALK PiiASE TtlREE until the
plat is approved and recorded. '
SECTION 5
INI) EMNIFICATION
Owner agrees to indemnify and hold Count). harmless against an). 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 negligenee an&/o~ willful misconduct in the construction of the
Preliminary Work under the Preliminary Work Permits or any challenge by an). ix'rson or pan)' obje~ing
to the/egaf/ty or validity of this Agreement.
SECTION 6
RESTRICTIONS
This Agreement shall be binding upon the parties and is not transferable.
Page 3 of 5
SECT/ON 7
LIMITATIONS
This Agreement shall expire sixty (60) days from the date of the issuance of the Prelimina~, 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 Os,,'ncr 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
ceas~ 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 ali 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 Ov,'ner 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 WIIEREOF. the panics have executed this Agrec~ncnt thc day first above written.
Signed, Sealed and Delivered
in the presence of:
Sunco Building Corporation:
Witnesses ,
Signaihre
,//, ,.,,/, ,' ,'//',,
Primed
or typed name
Mike Rosjrh
Vice Prcgident
BOARD OF COUNTY COMMISSIONERS
OF COLLIEI;LCOUNTY, FLORIDA ,
Pan(ela S. MaCKie, Chairwc~man/
Page 4 of 5
Approved as to form and k:gal suff~:ienc.x':
STATE OF FLORIDA
COUNTY OF COLLIER
TIlE FOREGOING INSTRUMENT was acknowledged before me this ~ day of~. 1999.
by Mike Rosen of Sunco Building Corporation. who is personally kno~'n to me or who has produced
. as identification.
WITNESS my hand and official seal this
day of ..... 1999.
NOTARY PUBI.IC - STATE OF FLORIDA
Print or Type Notary Name
My Commission Expires:
Page 5 of 5
NOT TO
SCALE
ALL THAT PART OF ISLANDWALK PHASE TWO, AS RECOR~ ~ ~e'7 c~l;~' ~,.' ~ """ ;~ ,1,7.
PUlL.lC,, RECORDS OF COLLtER COUNTY, FLORtDA, AND ALL THAT PART OF SECTION ,.33, TOWNSHIP 48
RANGE 26 EAST, COLLIER COUNTY, FLORqOA. BEING laOR[ p~CilC15LARLH DESCRtBEO AS FOLLOWS;
BEGINt~NG AT 11~ ~ ~ O~r SAtO ~d~iOa6N. g PHASE TWO, ALSO BEING A POINT ON THE WEST
~ ALO~ TH~ WEST UNE OF SNO S'[CllON ~5, I~R~R 13'ZqT'ST ~,-~, ~9~..~, lQ THE
NO~ ~ 0~' SeO ~ ~
T~ENCE ALONG THE NORTH UNE OF 5NO SECTION 33, SOUTH 8g'56'27" EAST 2§47.84
,~-um.~ tff.~'~' ~ ~B4]-.~/ rum: _ _..,.,~,~,-,,,_,-..r
TH~OUTH O1'00'00 I:.Abl eeo. o.., ,,-.-..-- Tg~Q IN THE FOLLOWING THREE (~
SOUTH 8g',~..~ wEST 284.
~~ ~~ ~ z7~ F~ TO A POI~ ON ~ N~' LI~E ~ ~ ~~ ':~:~
~ ~ ~ ~, ~0 ~ ~ OF BEONNING OF ~HE P~CEL HEREIN DESCRIBED
CONT~NIN~ g8.~4 ACRES MORE OR LESS; ~:
SU~E~ .~ ~SEUE~S ~D RESmlCTIONS OF RECORD;
~ ~ ~ ~ ~ ~ U~ OF SECTION ~3, BEING NOR~ 0~11'3~ wEST.