Naples WalkCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIE~V SECTION
MEMORANDUM
TO:
Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer
June 22, 1998
DATE'
RE:
Naples Walk
Preliminary Work Authorization
Attached p/ease find a Preliminary Work Authorization for Naples Walk. This document ha~ been
reviewed by Engineering Review and the County Attorney's Office. Collier County Resolution No.
9~3-147 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 advi~e.
jrh
cc:
Project File
Reading File
NAPI,ES WALK
PRELINIINARY WORK AUTHORIZATION
Tills AGRFA~MF. NT made and entered into this ,-'"; day of
_:-..' '-, - , 199 \' . by and between the Board of County Commissicmcrs of
Collier Coup, tv. Florida, hereinafter referred to as "County" and Vanair Pa;'tncrs. I.TI)..
hereinafter roi'erred to ;is thc "Owner".
WttEREAS. the County has adopted Collier County Ordinance No. 95-62 knmvn
Vineyards of Naples PUD Ordinance, hereinafter referred to its Ibc "PUD"' and
WHEREAS. Owner represents and w, rrants it is thc record fcc title cr,.vner of thc ktnds
described in O.R. Book 2356, Page 0525 of the public records of Collier C~mntv. l:lm'icla, said
legal description attached hereto its Exhibit ",,\" and incorporated herein by reference; and
WtlEIC, EAS. thc South Florida Water Management District is currently rcvicwinu a
modification for the surface water n'~itnagcnlcm permit for The Vineyards, SFWMD F'crmit N~.
11-00371-S' and
WItEREAS, Owner represents that thc Preliminary Work Authorizatitm is needed
because in order to CO[lllllcncc constructio~l at thc earliest possible ti~llc duc It~ CCOllOllliC alld
dcvclopnlcntal time constraints; and
WHEREAS. Owner acknowledges that all requirements of Collier County's Growth
Management Phm and Adequate Public Facilities Ordinance, No. 93-82, will be met prior to
approval ora final subdivision plat, or final site development plan or building permit, as
appropriate; and
WIIEREAS, Section 3.2.7.3.6 of thc Land I.)cvelopmcnt Code cst;tNishcs a mechanism
for m<cssing and issuing il Preliminary Work Authorization.
NOW TIlERI~FORE, in consideration of thc premises, thc mutual undertakings o1' thc
paints, and other good and valuable consideration, it is agreed by thc parties hereto as folhm,'s:
SECTION I - ACKNOWLEDGEMENT
Thc foregoing recitals arc truc and correct and arc inc(,rporatcd herein by rcfcrcncc.
Further. it is jointly acknowledged that tile execution of this ,'\grcemcnt docs not ccmstilutc a
Development Order or any other final approval by Collier County.
Naples Walk
Preliminary Work Authorization
Page 2 of 4
SECTION 2 - IMPROVEMENTS
A. Owner shall bc permitted to perform site preparation and construction activities subject
IO lilt conditions, limitations and restrictions contained in Scctim~s 3 through 7 below.
follows'
1) Clearing of the roadways, easements and construction areas.
2) Earth work necessary for thc installation of v,,alcr and sewer lines. ',vatm'
management swales and roadbed preparation.
3) lr~stallation of the project's required improvements.
The preliminary work detailed in this .Section shall be in accordance with plans entitled
Naples Walk consisting of 20 sheets, prepared by Q. Grady Minor & Associates. P.A.. dated
April. 1998. hereinafter referred to as the "The Preliminary Work". Thc Icual description (~I'
thc boundaries of thc Preliminary Work is shown on the final plat for Naplc~ Walk consisting
of 2 sheets prepared by Q. Grady Minor & Associates, P.A..
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 Prclimimu'v
Work (the "Preliminary Work Permits"). These applications arc as follows:
1)
Construction plans for Naples Walk consisting of 20 sheets, prepared Q. Gradv
Minor & Associates, P.A..
2)
Final plat for Naples Walk consisting ot'2 sheets prepared by Q. Gradv Minor
& Associates. P.A..
SECTION 3 - PEP, MITS REQUIRED
Issuance of tile Preliminary Work permits shall be conditioned upon tile following:
a. County staff finding that the applications for Preliminary Work Permits are complete and
satisfactory and are read), for scheduling to thc Board of County Commissioners for final plat
approval.
Naples Walk
Preliminary Work Authorization
Page 3 of 4
b. Owner submitting to thc County a copy of the early work permit or permit modification
from the South Florida Water Management district for all matters included in thc jurisdiction ~I'
the South Florida Water Management District, which conforms with the Preliminary Work
Release plans submitted to thc County.
SECTION 4 - APPROVAL
County will issue the Preliminary Work Pemlits to permit thc th'climinary Work prior
to plat approval once conditions A and B in Section 3 above have bccn satisfied. Owner
understands and acknowledges that no building permit will Dc issued for habitable structures
within Naples Walk until the Naples Walk plat is approved and recorded.
SECTION 5 - INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss.
damaoe~ or expense from clai~lls or causes of action including a[tol*ncys fees a~ld court
resulting from, arising out of, and in connection with Owner's negligence and/or willful
misconduct in thc construction of thc Preliminary Work under thc Preliminary Work Permits
any challenge by any person or party objecting to the legality or validity of this Agrccmcm.
SEC'FION 6 - RESTRICTIONS
This Agreement shall bc binding upon thc parties and is not transferrablc.
SECTION 7 - LIMITATIONS
TI'tis Agreement sllall expire thirty (30) days from thc date of tim issuance t~l' thc
Preliminary Work Permits if thc project's final plat is not submitted to thc Board of County
Commissioners for approval pursuant to l)ivision 3.2 of the Land l)cvclopmcnt Code. unless thc
Owner is delayed in having his final plat reviewed by the Board duc to the fault of thc County.
All work approved by this Agreement must cease and not restart if the final plat is not submitted
and approved by thc Board of County Commissioners within this authorization period. No work
is aufl~orizcd under this Agreement prior to satisfying the conditions of A and B in Section 3 of
this Agreement. Any attempt lo 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 docs not guarantee and thc Owner can not
rely upon the fact that tile project's final plat will be approved upon subrnission 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 tile final plat can be submitted to thc Board
('or consideration.
Naples Walk
Preliminary Work Authorization
Page 4 of 4
IN WII'NESS WHEREOF. the parties have executed this Agreement the day first abox'c
written. 1 / /
Printed Name
J.~ ( ~ ~- - · . '/',SVd' C,
Dale G-. Safele. Vice Pre/~ident
Vanair. Inc.. a Florida (Zorporation
Managing Partner of Vanair Partners. 1.TD..
a Florida Limited Partnership
Wilness
Printed Name
ATTEST:
I)wight E. Brock. CLERK
Approved as to form and legal
suffici~:~.' _e ~ ·' ' ,
· t
S'I'A'I'E OF
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
15 dayof
The tbregoing instrument ,.vas acknowledged before me this t t''~' ~' '
1998, by Dale G. Hafele, Vice President. Vanair, Inc. alFlorida Corporation. Managing Partner
of Vanair Parmers, LTD., on behalf of the Corporation, He is person~l~ known to mc and did
nol take an oath.
My Commission Expires:
Notary Pu~c
F NW q
Printed Name of Notary Public
MARK ~,',' MINe ~t,L I' I'
(' T~kAN sMITtt. I' t
I ~A Vll ~ W ~,( '~ tMI'FI. I' t.'
Q. GRADY MINOR & ASSOCIATES, P.A.
£hvil [{ngmeers · l.and Surveyors · Planners
EXHIBIT "A"
LEGAL DESCRIPTION
NAPLES WALK
..\I AN V l,h "',t
t'141( V ~,.,\NIxW..\i
COMMENCE AT TIlE NORTHWEST C
ORNE:,, OF SECTION 1, TOWNSItI? 49 SOUTt~
::tA.~,k;.-,25 EAST, COLLIER COUNTY, Fi,ORIDA; THENCE RUN S 89°'i4 '27" E
ALONG THE NORTH LINE OF THE NORT}{WEST QUARTER OF SAZD SECTION
FOR A DISTANCE OF 100.12 FEET TO THE POINT OF BEGI~ING; '7t{ENCE RUN
S a9~"14 ' 21" E, ALONG SAID NORT}~ LINE OF SAID SECTION 1, FOR A
DISTANCE OF 1390.00 FEET; THENCE RUN S 00015'29' W FOR A DISTANCE
OF ~00.00 FEET; T]{ENCE RUN N 8-~.i.;'21'' W FOR A DISTANCE OF 450.00
FEET; THENCE RUN S 58000'00'' W FOR A DISTANCE OF ,i6i. 1~ FEi:FI';
THENCE RUN S 87025'25" W FOR A DISTANCE OF 't97.56 FEET TO A POINT
ON THE EASTERLY LINE OF THE I00' WIDE CANAL RIGHT-OF-WAY; THENCE
RUN ?4 02034' 35" W, ALONG SAID EASTERLY LINE, FOR A DISTANCE OF
1072.11 FEET TO THE POINT OF BEGI~ING, CONTAINING 29.26 ACRES
MORE OR LESS. '
BEARINGS REFER TO TH[i; NORTH LINE.'1 OF THE NORTHWEST QUARTER
c E CT i "3 ' ,
.... N 1 TOWNS}tIP ,la SOUTH, RANGE 25 EAST, COLLIER COUNTY
Fi/O~;.iDA, AS BEING S 89°4,1'21'' E. '
THiS PROPERTY rS SUBJECT TO EASEMENTS,
RESTRICTIONS OF RECORD.
RESERVAT IONS
Q. GRADY MINOR & ASSOCIATES, P.A.
P.S.,'.:. ,~223
STAT[( OF FLORIDA
(941 ) 947- 1144 · FAX (941 ) 9-17-().175 · E-Mail: QGMAc,'kml.com
38(1(I Via D,I Rey · Boni[,~ Springs, Florida ,14134