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Veronawalk Phase Three COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING SERVICES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer Jo ~ DATE: September 28,2004 RE: Veronawalk Phase Three Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Veronawalk Phase Three. 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 OR G J'j'JAL PPL-2004-AR-6454 REV: 1 Project: 2004080059 Date: 9/15/04 DUE: 9/29/04 VERONAWALK PHASE 3A FINAL SUBUIVI::iIUN PLAN PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this day of , 200 _' by and between the Board of County Commissioners of Collier County Florida, hereinafter referred to as "County", and DiVosta Homes, LP, 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 3A Final Subdivision Plan, more fully described in the attached 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 3A 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. 8/18/2004- 140691 Vor. 011- NPESTELL c..., NOS06-P3A-OOQ- ESBM- 28722 SECTION 2 IMPROVEMENTS A. 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: 1. Clearing of rights-of-way for road and drainage construction and clearing of easements for utility and lake construction. 2. 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. 3. 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 3A Final Subdivision Plans, Wilson Miller, Inc., Drawing File No. D-0506-78, sheet numbers 1 through 30, dated August, 2004 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 3A, prepared by Mark Berman, P.S.M., of Wilson Miller, Inc. 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 Preliminary Work (the "Preliminary Work Permits"). These applications are as follows: 1. VERONAWALK PHASE 3A Final Subdivision Plans, Wilson Miller, Drawing File No: 0-0506-78, sheet numbers1 through 30, August, 2004. 2. Plat for VERONAWALK PHASE 3A, prepared by MARK BERMAN, P.S.M., of Wilson Miller, Inc. SECTION 3 PERMITS REQUIRED Issuance of the 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. 8/1812004- 140091 Var: 011- NPESTELL ~P3A-OOQ-ESBM-28722 Page 2 of 5 b. 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 PHASE 3A, 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. 8/18/2004- 140691 Var. 011- NPESTELL c..., NOS06-P3A-OOQ- ESBM- 28722 Page 3 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. SIGNED IN THE PRESENCE OF: Witnesses .:\)~ /\9-- Signature ~\e.- ~ .:=s-~ Printed or typed name -~~ -¡r/~ Sign&e !oßJ)4 IJf U1 f Printed or typed name ATTEST: DWIGHT E. ~&:~~~I'~K . r:2;';" ,.'.\\"':"'- BY:~~~~. s1~"" OIttJ.c:~>·' 'I -Ii? ...." ,c- . Approved as to 1órMJåhð'ìegal sufficiency: ~ rney 7/1812004- 138121 Ver: 01!- DHUBER 0.-.., N0506-P2B-OOQ- ESBM- 28605 DiVosta Homes, L.p. A Delaware Limited Partnership By: DiVosta Homes Holdings, LLC A Delaware Limited Liability Company, Its General Partner ~~ Mic el D. Rosen, Vice President BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By Donna <£-C'fIa'1ftrían -1~ Page 4 of 5 STATE OF FLORIDA §§ COUNTY OF COLLIER THE FOREGOING INSTRUMENT was acknowledged before me this I ~ da~ of ~wd s:Qe" Ì'Y'\ S. c~ 2004, by Michael D. Rosen, Vice President of DiVosta Homes, LP who i ersonally kn~o me or who has produced NONe , as identification. WITNESS my hand and official seal this I ~ day of û-u rt ~ . d.. 00 4--- ~~r&tJM~ -R, ~~ NOTARY PUBLIC - STATE OF FLORIDA .,.","t ~ MARLENE R. SALE _ "" .. MY COMMISSION # DD 1256E1O Øf~ .' HlOO-3-NOTARV FL NoI8IY ServIce & BondinQ,Inc. Print or Type Notary Name My Commission Expires: 7/1612004- 138121 Var: 011- DHUBER CAM43 NOS06-P2B-OOO- ESBM- 28605 Page 5 of 5 LEGAL DESCRIPTION (VERONAWALK PHASE 3A) ALL THAT PART OF SECTION 26, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNìY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF VERONAWALK PHASE 2C, RECORDED IN PLAT BOOK XX, PAGES XX THROUGH XX, PUBLIC RECORDS OF COLLIER COUNìY, FLORIDA, ALSO BEING A POINT ON THE EAST LINE OF SAID SECTION 26; . THENCE ALONG THE EAST LINE OF SAID SECTION 26, SOUTH 00·14'00" EAST 265.78 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 00'14'36" EAST 1614.70 FEET; THENCE LEAVING SAID LINE SOUTH 64'48'50" WEST 219.05 FEET; THENCE SOUTHWESTERLY, 254.56 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCLE CONCAVE NORTHWEST, HAVING A RADIUS OF 730.00 FEET, THROUGH A CENTRAL ANGLE OF 19'58'49" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 50·41'35" WEST 253.27 FEET; THENCE SOUTH 60'40'58" WEST 882.71 FEET; THENCE NORTH 29'19'02" WEST 519.02 FEET; THENCE NORTH 24'00'00" EAST 435.96 FEET; THENCE NORTH 06·33'04" WEST 193.34 FEET; THENCE NORTH 52"42'59" WEST 606.51 FEET; THENCE NORTH 09·50'59" EAST 1 073.74 FEET TO A POINT ON THE BOUNDARY OF VERONAWALK PHASE 2C, RECORDED IN PLAT BOOK XX, PAGES XX THROUGH XX, PUBLIC RECORDS OF COLLIER COUNìY, FLORIDA; THENCE ALONG SAID LINE IN THE FOLLOWING FOUR (4) DESCRIBED COURSES; 1. SOUTH 60'15'52" EAST 359.35 FEET; 2. NORTH 79'09'27" EAST 874.41 FEET; 3. SOUTH 82'32'20" EAST 577.46 FEET; 4. NORTH 89·46'00" EAST 192.23 FEET TO SOUTHEAST CORNER OF SAID VERONAWALK PHASE 2C AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 91.10 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF PHASE 2C PLAT BEING SOUTH 82"32'20" EAST EX. A