Veronawalk Town HomesCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer_~..~
DATE: October 16, 2003
RE:
Veronawaik Town Homes
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Veronawalk
Town Homes. 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 (TOWN HOMES - PHASE 1) FINAL SUBDIVISION PLAN
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this I~'J~ day of 01~ , 2003, by and
between the Board of County Commissioners of Collier County Florida, hereinafter referred to
as "County", and DiVosta and Company, Inc., 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 (TOWN HOMES - PHASE 1) 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 (TOWN HOMES - PHASE
1) 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:
SECTION 1
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 (TOWN HOMES - PHASE 1) Final Subdivision Plans, WilsonMiller, Inc.,
Drawing File No. D-0506-69, sheet numbers 1 through 22, dated August, 2003
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
(TOWN HOMES - PHASE 1), 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 (TOWN HOMES PHASE 1) Final Subdivision Plans,
WilsonMiller, Drawing File No: D-0506-69, sheet numbers 1 through 22 dated
August, 2003.
Plat for VERONAWALK (TOWN HOMES - PHASE 1), 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 (b) in Section 3 above have been satisfied. Owner
understands that no building permit will be issued for habitable structures within VERONAWALK
(TOWN HOMES - PHASE 1), 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 (b) 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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Page 3 of 5
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, Inc.
Printed or typed name
~zi~nat.u~ , '" - -
Printe~l~'or: typ(~d name '
en, Vice President
BOARD OF COUNTY COMMISSIONERS
OF COLLI~U NTY,.~FLORIDA
By: /¢r~ _.',~.,,./',.~ "
Tom~-~n~ ~-Ch ai~('na n
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.~o~T.,-o~ ~s,,~-2,,2o Page 4 of 5
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, Inc. who is personall]
known to me or who has produced ., as identification.
WITNESS my hand and official seal this~d day of ~)¢..,~'¢'-g4~ . ;Zz2~2.~
NOTARY PUBLIC - STATE OF FLORIDA
. .,~!:1~r. . MY COMMISSION # DD071794
¢..~.,. EXPIRES: March 10, 2006 /Il
~,;~;,,~ .o.~..~.ru.ud~e, No~se~,oe. 51!
Print or Type Notary Name
My Commission Expires: I~_b 0q Iq q H
10/1/2003- 128627 Ver: 01!- DHURST
.o~.,.-~ ~s~,.-~ Page 5 of 5
Wils nMiller®
New Directions In Planning, Design & Engineering
Description of part of Tract "B' of Veronawalk Phase lB, a Subdivision as
recorded in Plat. Book XX, pages XX through XX, and a part of Section 26,
Towns.hip 50 South, Range 26 East, Collier County, Florida.
(Veronawalk Townhomes Phase One Plat)
All that part of Tract "B" of Veronawalk Phase lB, a Subdivision as recorded in
Plat Book XX, pages XX through XX, and a part of Section 26, Township 50
South, Range 26 East, Collier County, Florida, beihg more particularly~
described as follows;
COMMENCING at the North ¼ comer of said Section 26;
Thence along the north line of said Section 26, South 89037'26" East 137.05
feet;
Thence leaving said line South 00022'34" West 1956.84 feet to the POINT OF
BEGINNING of the parcel herein described;
Thence South 00°00'00" East 982.00 feet;
Thence North 90000'00" West 60.00 feet;
Thence northwesterly and westerly, 15.71 feet along the arc of a non-tangential
circular curve concave southwest having a radius of 10.00 feet through a
central angle of 90000'00" and being subtended by a chord which beam North
45°00'00" West 14.14 feet;
Thence North 90000'00" West 245.90 feet;
Thence southwesterly and southerly, 15.81 feet along the arc of a non-
tangential circular curve concave southeast having a radius of 10.00 feet
through a central angle of 90000'00" and being subtended by a chord which
beam South 45000'00" West 14.14 feet;
Thence North 90°00'00" West 56.00 feet;
Thence northwesterly and westerly, 15.84 feet along the.arc of a non-tangential
circular curve concave southwest having a radius of 10.00 feet through a
central angle of 90000'00" and being subtended by a chord which beam North
45000'00" West 14.14 feet;
Thence North 90°00'00" West 246.00 feet;
Thence southwesterly and southerly, 15.71 feet along the arc of a circular curve
concave southeast having a radius of 10.00 feet through central angle of
90000'00" and being subtended by a chord which beam South 45000'00" West
14.14 feet;
Thence South 00°00'00" East 7.50 feet;
Thence North 90000'00" West 60.00 feet;
Thence northwesterly, 15.13 feet along the arc of a non-tangential circular
curve concave southwest having a radius of 15.00 feet through a central angle
of 57046'35" and being subtended by a chord which bears North 28052'52"
West 14.49 feet;
Thence North 00°00'00" East 62.62 feet;
Offices strategically located to serve our clients 800.649.4336
Nap/es/Corporate Office 3200 Bailey Lane, Suite 200. Nap/es, Florida 34105 o 239.649.4040 o Fax 239.643.5716
w. o~ ~ wl/son]nil~, o~m
WilsonMiller*
New Directions In Planning, Design & Engineering
Description of part of Tract "B" of Veronawalk Phase lB, a Subdivision as
recorded in Plat Book XX, pages XX through XX, and a part of Section 26,
Township 50 South,. Range 26 East, Collier County, Florida.
(Veronawalk Townhomes Phase One Plat)
Continued:
Thence southwesterly, 8.14 feetalong the arc. of a non-tangential circular curve
conCave northwest' having a radius of 25.00 f6et through central angle o(
18039'47" and being subtended by a chord which beam South 80040'07" West
8.11 feet;
Thence North 90000'00" West 15.00 feet;
Thence North 00000'00" East 30.00 feet;
Thence South 00000'00" East 23.00 feet;
Thence North 00°00'00" East 797.50 feet;
Thence northeasterly and easterly, 120.95 feet along the arc of a circular curve
conCave southeast having a radius of 77.00 feet through central angle of
90000'00" and being subtended by a chord which beam North 45000'00" East
108.89 feet;
Thence North 90°00'00" East 638.00 feet to the POINT OF BEGINNING to the
parcel herein described;
Containing 16.00 acres, more or less.
Subject to easements and restrictions of record.
Beadngs are based on the north line of said Section 26 being South 89037'26"
East.
WilsonMiller, Inc.
Marcus L. Berman, Professional Surveyor & Mapper
Flodda Registration No. 5086
Not valid unless embossed with the professional's seal.
W.O.:
Reft:
Date:
N0506-TH1-000-MAPLT
Veronawalk Townhomes Phase One Plat
September 6, 2003
9~24~ t2'/~6 Ve~. 01~- Mbem~n
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