Veronawalk Townhomes, Phase 2COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: S~ R~on, ~i~~ Assistant
FROM' John R. Houldsworth, Senior Engineer-J~.,.~,
DATE:
RE:
January 5, 2004
Verona~ik Town Homes, Phase Two
Preliminary Work AUthOrization.
Attached please find a Preliminary Work Authorization for Veronawalk
Town Homes, 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
Reading File
VERONAWALK (TOWN HOMES - PHASE 2) FINAL SUBDIVISION PLAN
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ,5'l'h day of ~ 200~, by and
between the Board of County Commissioners of Collier County Florida, herei'natter ~eferred to
as "County", and DiVosta and Company, Inc., hereinafter referred to as the "Owned'.
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 2) 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
2) 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 2) Final Subdivision Plans, WilsonMiller, Inc.,
Drawing File No. D-0506-70, sheet numbers 1 through 17, dated October, 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 2), 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 2) Final Subdivision Plans,
WilsonMiller, Drawing File No: D-0506-70, sheet numbers 1 through 17 dated
October, 2003.
Plat for VERONAWALK (TOWN HOMES - PHASE 2), 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 2), 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.
Witnesses
S~gnature (~
Printed or typ~ed name
sen,
Vice President
ATTEST:
D~~
Approved ~~ and legal sufficiency:
Assistant Coun~
BOARD OF COUNTY COMMISSIONERS
Of COLLIER,~NTY~i~TRIDA o
Tom henning, Chairr~an - 0v
q- tS-q~
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NOS06-TH2-000- ESBM- 27705
STATE OF FLORIDA )
)
COUNTY OF COLLIER )
THE FOREGOING INSTRUMENT was acknowledged before me this
2003, by Michael D. Rosen, Vice President of DiVosta and Company who is personally known
to me or who has produced ., as identification.
WITNESS my hand and official seal this<~Jday of
SADA E. ARIAS
MY COMMISSION # DD 071794
EXPIRES: March 10, 2006
Bon~ed Thru Buret Notary Ser~ces
NOTARY PUBLIC - STATE OF FLORIDA
Print or Type Notary Name
My Commission Expires:
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N0506-TH2-O00- ESBM- 27706
WilspnMilleF
New Directions In Planning, Design & Enginee#ng
Description of part of Section 26, Township 50 South, Range 26 East,
Collier County, Florida.
(Veronawalk Townhomes Phase Two Plat)
Ali that part of Section 26, Township 50 South, Range 26 East, Collier County,
Florida, being more particularly described as follows;
· BEGINNING at the southeast comer of Veronawalk Townhomes Phase One as
recorded in Plat Bdok XX, pages xx through x~ Public Records of Collier~ J
County, Florida;
Thence South 00°00'00" East 408.50 feet;
Thence southeasterly and easterly, 15.71 feet along the arc of a circular curve
concave northeast having a radius of 10.00 feet through central angle of
90°00'00" and being subtended by a chord which bears SOuth 45°00'00" East
14.14 feet;
Thence South 90°00'00" East 397.83 feet;
Thence South 00°00'00" East 246.80 feet;
Thence South 34°34'16" West 307.85 feet;
Thence North 88°49'29" West 859.33 feet;
Thence North 43°28'37" West 129.35 feet;
Thence North 00°00'00" East 812.50 feet to a point on the boundary of said
Veronawalk Townhomes Phase One;
Thence along said boundary in the following (11) Eleven described courses;
1. Southeasterly, 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
57°46'09" and being subtended by a chord which bears South 28°52'51" East
14.49 feet;.
2. South 90°00'00".East 60.00 feet;
3. North 00°00'00" West 7.50 feet;
4. Northeasterly and easterly, 15.71 feet along the arc of a circular curve
concave southeast having a radius of 10.00 feet through central angle of
90°00'00" and being subtended by a chord which bears North 45°00'00" East
14.14 feet;
5. South 90°00'00" East 246.00 feet;
6. Southeasterly and southerly, 15.71 feet along the arc of a circular curve
concave southwest having a radius of 10.00 feet through central angle of
90°00'00" and being subtended by a chord which bears South 45°00'00" East
14.14 feet;
7. South 90°00'00" East 56.00 feet;
Offices strategically located to serve our clients 800.649.4336
Naples/Corporate Off/ca 3200 Bailey Lane, Suite 200 * Naples, Flodda 34105 * 239.649.4040. Fax 239.643.5716
~or~amoz. ~s v~ o.. ~ wil$o~/mO~r~om
Wfl$onMIl/er,/flc. -- FI Lic.l £C-C000170
WilspnMiller*
New Directions in Planning, Design & Engineering
Description of part of Section 26, Township 50 South, Range 26 East, Collier
County, Florida.
(Veronawalk Townhomes Phase Two Plat)
Continued:
8. Northeasterly and easterly, 15.71 feet along the arc of a non-tangential
· circular curve concave southeast having a radius of 10.00 feet throu0h a central
angle of 90°00~00" and being= subtended fly a chord which beam North
45°00'00" East 14.14 feet;
9. South 90°00'00" East 246.00 feet;
10. Southeasterly and southerly, 15.71 feet along the arc of a circular curve
· concave southwest having a radius of 10.00 feet through central angle of
90°00'00" and being subtended by a chord which beam South 45°00'00" East
14.14 feet;
11. South 90°00'00" East 60.00 feet to the POINT OF BEGINNING of the parcel
herein described;
Containing 19.06 acres, more or less.
Subject to easements and restrictions of record.
Bearings are based on the north line of said Section 26 being South 89°37'26"
East.
WilsonMiller, Inc.
Marc(us L. Berman, Professional Surveyor & Mapper
Flodda Registration No. 5086
Not valid unless embossed with the Professional's seal.
W.O.:
Ref.:
Date:
N0506-TH2-000-MAPLT
Vemnawalk Townhomes Phase Two Plat
October 21, 2003
2 of 2
011-