Veronawalk, Phase 1ACOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer~le~,~~
DATE:
RE:
September 10, 2003
Veronawalk Phase lA
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Veronawalk,
Phase lA. 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
Reading File
VERONAWALK (PHASE lA) FINAL SUBDIVISION PLAN
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ~0 ¢~' day of~ 2003, by and
between the Board of County Commissioners of Collier County Florid'a, hereinafter referred to
as "County", and DiVosta and Company, hereinafter referred to as the "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 02-35 known as the
Winding Cypress Planned Unit Development, hereinafter referred to as the PUD; and
WHEREAS, the Owner represents and warrants it is the record fee title owner of
VERONAWALK (PHASE lA) Final Subdivision Plan, attached hereto as exhibit "A" and
incorporated herein by reference; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because maintaining the construction schedule for VERONAWALK (PHASE lA) Final
Subdivision Plan improvements is paramount with the on-going construction and development
of the approved WINDING CYPRESS 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.
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.
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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
VERONAWALK (PHASE lA) Final Subdivision Plans, WilsonMiller, Inc., Drawing File
No. D-0506-56, sheet numbers I through 28, dated August, 2002 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 VERONAWALK (PHASE lA),
prepared by Mark 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:
VERONAWALK (PHASE lA) Final Subdivision Plans, WilsonMiller, Drawing File
No: D-0506-56, sheet numbers 1 through 28 dated August, 2002.
Plat for VERONAWALK (PHASE lA), prepared by MARK BERMAN, P.S.M., of
WilsonMiller, Inc.
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.
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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 VERONAWALK
(PHASE lA), 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.
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Signed, Sealed and Delivered
in the presence of:
DiVosta and Company
Signature (j/
Printer or typed name _
Printed or typed na~e
Mich/~ D: Rosen, Vice President
AFl'EST:
DWI:HT Ei BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
Of COLLI,~UN..~?ORIDA o
~ fo a legal sufficiency:
Collier County Attorney
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STATE OF FLORIDA )
)
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me this ~__ day of .~~,~ ~
2003, by Michael D. Rosen, Vice President of DiVosta and Company who is~personall¥ kno_wr~ _.
to me or who has produced t'Vo ~ ~ ., as identification.
WITNESS my hand and official seal this :3 day of
NOTARY PUBLIC - STATE OF FLORIDA
'~1~# ~ lX[elIqE8: August 6, 2006
Print or Type Notary Name
My Commission Expires:
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Page 5 of 5
DESCRIPTION
(VERONAWALK PHASE lA)
ALL THAT PART OF SECTION 26, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26;
THENCE ALONG THE NORTH LINE OF SAID SECTION 26, SOUTH 89'37'03" EAST 100.00 FEET TO A POINT ON
THE EAST LINE OF A 100 FOOT COLLIER COUNTY RIGHT OF WAY, RECORDED IN OFFICIAL RECORD BOOK 21,
PAGE 183, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG SAID LINE SOUTH 00'50'18" EAST 30.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINI
OF SABLE PALM ROAD (60' RIGHT OF WAY) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBE
THENCE ALONG SAID LINE SOUTH 89'37'03" EAST 1439.04 FEET;
THENCE LEAVING SAID LINE SOUTH 00'22'57" WEST 342.25 FEET;
THENCE SOUTH 51'56'45" WEST 521.09 FEET;
THENCE SOUTH 43'53'53" WEST 238.77 FEET;
THENCE SOUTH 35'42'41" EAST 1459.87 FEET;
THENCE SOUTH 49'54'30" WEST. 451.14 FEET;
THENCE SOUTH 12'21'33" WEST 336.78 FEET;
THENCE SOUTH 0,3'32'00" WEST 305.19 FEET;
THENCE SOUTH 10'41'27" WEST 100.00 FEET;
THENCE WESTERLY 260.26 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO
THE NORTH HAVING A RADIUS OF 1,320.00 FEET THROUGH A CENTRAL ANGLE OF 11'17'48", AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 73'39'.39" WEST, 259.83 FEET TO A POINT OF REVERSE
CURVATURE;
THENCE WESTERLY 141.85 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING
A RADIUS OF 460.00 FEET THROUGH A CENTRAL ANGLE OF 17'40'05" AND BEING SUBTENDED BY A CHORD
WHICH BEARS NORTH 76'50'47'' WEST, 141.29 FEET;
THENCE NORTH 85'40'50" WEST 118.17 FEET;
THENCE SOUTHWESTERLY 62.85 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 90'00'00", AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 49'19'10" WEST, 56.57 FEET;
THENCE SOUTH 04'19'10" WEST 36.76 FEET;
THENCE SOUTHERLY 16.94 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE WEST HAVING A
RADIUS OF 215.00 FEET THROUGH A CENTRAL ANGLE OF 04'30'56", AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 06'34'38" WEST, 16.94 FEET;
THENCE NORTH 81'09'54" WEST 80.00 FEET;
THENCE NORTHWESTERLY 51.19 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 30.00 FEET THROUGH A CENTRAL ANGLE OF 9746'20", AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 40'03'04" WEST, 45.20 FEET TO A POINT OF COMPOUND
CURVATURE;
THENCE WESTERLY 116.70 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING
A RADIUS OF .390.00 FEET THROUGH A CENTRAL ANGLE OF 17'08'39" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 82'29'26" WEST, 116.26 FEET TO A POINT OF REVERSE CURVATURE;
THENCE WESTERLY 281.,37 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH~ HAVING
A RADIUS OF 310.00 FEET THROUGH A CENTRAL ANGLE OF 52'00'15" AND BEING SUBTENDED BY A CHORD
WHICH BEARS NORTH 80'04'46" WEST, 271.81 FEET TO A POINT OF REVERSE CURVATURE;
THENCE WESTERLY 177.57 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING
A RADIUS OF 290.00 FEET THROUGH A CENTRAL ANGLE OF .35'04'57" AND BEING SUBTENDED BY A CHORD
WHICH BEARS NORTH 71'37'07'' WEST, 174.81 FEET;
THENCE NORTH 89'09'35' WEST 91.39 FEET TO A POINT ON THE EAST LINE OF SAID 100 FOOT COLLIER
COUNTY RIGHT OF WAY;
THENCE ALONG SAID LINE NORTH 00'50'49" EAST 289.82 FEET;
THENCE CONTINUE ALONG SAID LINE NORTH 00'50'18" EAST 2604.58 FEET TO A POINT ON THE SOUTH RIGI-ll
OF WAY LINE OF SAID SABLE PALM ROAD (60' RIGHT OF WAY) AND THE POINT OF BEGINNING OF. THE PARCE
HEREIN DESCRIBED;
CONTAINING 90.7 ACRES, MORE OR LESS.
BEARINGS ARE ASSUMED AND BASED ON THE NORTH LINE OF SECTION 26 BEING SOUTH 89'37'03" EAST.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ~
NOllCE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION Of THE
SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN
AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT, WHETHER GRAPHIC OR
DIGITAL. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT
THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.