Veronawalk Phase 3B
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
\
FROM: John R. Houldsworth, Senior EngineerW
DATE: July 19, 2005
RE: Veronawalk Phase 38
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Veronawalk
Phase 38. 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
VERONAW ALK PHASE 3B FINAL SUBDIVISION 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
VERONAW ALK PHASE 3B 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 VERONAW ALK PHASE 3B 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,c.ncxptv'~.OL04. 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
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 3B Final Subdivision Plans, Wilson Miller, Inc" Drawing File No,
D-0506-79, sheet numbers 1 through 31, dated September, 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 VERONAW ALK PHASE 3B,
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 3B Final Subdivision Plans, WilsonMiller, Drawing File
No: D-0506-79, sheet numbers1 through 31, September, 2004.
2. Plat for VERONAWALK PHASE 3B, 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:
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.
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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 3B, 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 toCho..p~ \ b 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 IN THE PRESENCE OF:
Witnesses
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Dellie.- ~ .:=\õre-<:::.
Printed or typed name
~~
sign re
A'^CJa.lL bCW1t,Jt7-"
Printed or typed name
ATTEST:
D~:~~~f.~i~~~~K,CLERK
sir ....',. .::.. <:'~<:-"" {J.C -
L':' ~ l:ìty Cf' '.<.
:i '. ·~t~st-sto Cha tf'IIU · S
. -,~__Sf~.onl1. . ,
Ap~YP?,~:s-.toform and legal sufficiency:
Jen~~st~p~
Assistant County Attorney
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DiVosta Homes, L.p.
A Delaware Limited Partnership
By: DiVosta Homes Holdings, LLC
A Delaware Limited Liability Company,
Its General Partner
BY:~~
Micha D. osen, Vice President
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:'1uLW. ~
HlE-\) IN. tayl{.) Chairman
Item #
Agenda
Date
~~L '-
Page 4 of 5
STATE OF FLORIDA
§§
COUNTY OF COLLIER
THE FOREGOING INSTRUMENT was acknowledged before me this 6 thday of ~,
2004, by Michael D. Rosen, Vice President of DiVosta Homes, LP who is personally known to
me or who has produced .Dr I Uf( Li é..-Ûl(~,--, , as identification.
WITNESS my hand and official seal this 5th day of n~tt 2-001-1,
4 wI
,
NOTARY PUBLIC - STATE OF FLORIDA
SéJq
ÛýIQ')
Print or Type, Notary ,Namil 0 I -, >0
My Commission Expires: / U
SADA E. ARIAS
MY COMMISSION # DO 071794
EXPIRES: March 10, 2006
Bonded Thru Budget Notary Services
--'
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Page 5 of 5
LEGAL DESCRIPT\ON
(VERONAWALK PHASE 3B)
M.l mAT PAR! OF SECm"S '6 A"O 35, T_SHIP 50 soum, .....GE '6 El\ST, COWER COU""" FLORIDA, BEI"G MORE PARflCU,^"U
DESCRIBED AS FOLLOWS;
BEGI""I"G AT 501J1HWEST COR"ER OF VERO""WAlK TOWNHOMES pHASE TWO ACCOROI"G TO THE PlAT THEREOF I>S RECORI;ED I" PlAT
BOOK XX, PAGES XX-XX, PUBLIC RECORDS OF COLLIER COUN'TY, FLORIDA;
THE"CE ALO"G THE BOU"DARY LI"E OF SAID VERO""WALI< TOW"HOMES PHI>SE TWO IN THE FOllOWI"G THREE (3) OESCRIB:O COURSES;
1) SOUTH 88"49'29" EAST 859,26 FEET;
2) NORTH 34'34'16" EAST 307,85 FEET;
3) "ORTH ocroo'oo" EASf 246.80 FEET TO A POI"T 0" THE BOUNDARY OF VERO""WAlK PHI>SE 3A, ACCORDING TO THE PlAT TIIEREOF /oS
RECORDED IN PLAT BOOK XX, PAGES XX-XX, PUBLIC RECORDS OF COLLIER COUN1Y. FLORIDA;
THENCE ALONG THE 80UNDARY OF SAID VERONA WALl< pHASE 3A I" THE FOL1.OWI"G FOUR (4) DESCRIBED COURSES;
1) SOUTH 52'42'59" EAST 606,51 FEET;
2) SOUTH 16'33'04" EAST 139,34 FEET;
3) SOUTH 56'07'28" EAST 438,81 FEET;
4) SOUTH 24'00'00" WEST 435,96 FEET;
THENCE LEAVING SAID BOUNDARY, SOUTH 29'19'02" EAST 519,02 FEET;
THENCE SOUTH 60"40'58" WEST 285,23 FEET;
THENCE soumWESTERlY, '90.77 FE£! AlONG THE ARC OF A CIRCUlAR CURVE CONCAVE NORTH HAV1NG A RADIUS OF 1,DbO.OD FEET
THROUGH cENTRAL ANGLE OF 1~43'01- ANO BEI"G SUBrE"OED BY A CHORD WHICH BEARS sOUTH 6.32'2'; WEST 2B9.B' FEET;
THENCE SOUTH 7ô23'59" WEST 239,18 FEET;
,HENCE soumWESrERlY, 186.65 FEET AlONG THE ARC OF A CIRCUlAR CURVE CONCAVE SOUTHEASf HAVING A RADIUS OF 440.00 FEET
,HROUGH CENlRAl ANGLE OF 24"IB'20" AND BEING SUBrE"DED BY A CHORD WHICH BEARS SOU'" 64""'49" WES, IB5." FEET;
THENCE SOUTH 12"46'30" WEST 260,99 FEET;
THENCE SOUiH 23'07'39" WEST 19,91 FEET;
THENCE SOUTH 41"44'40" WEST 398.87 FEET;
THENCE NORTH 61"26'21:) WEST 229,89 FEET;
THENCE SOUTHWESlERlY, 77. 11 FEET ALONG "'E ARC OF A "O"-,ANGENlIAl CIRCUlAR CURVE CONCAVE SOUTHEASf HAV1"'G A RADIUS OF
2,079.99 FE£! THROUGH A CENTRAl ANGLE OF OTonr A"D BEING sumE"DED BY A CHORO WHICH BEARS SOUTH 45'10'26' WEST 77.11 FEEl
THENCE NORTH 45'42'20" WEST 205,57 FEET;
THENCE NORTH 68'57'19" WEST 1,039,66 FEET;
THENCE NORTH 1758'42" EAST 836,97 FEET;
THENCE NORTH 20" 11'35" EAST 658.40 FEET;
THENCE NORTH 6cr 15'11" EAST 161.47 FEET ,0 THE pOINT OF BEGI"NI"G OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 88,30 ACRES, MORE OR LESS,
SUBJECT TO EASEMENTS AND RESTRICilONS OF RECORD.
~ON THE 50UTH LINE OF VERO""WAlK TOWNHOMES PHI>SE TWO, PlA, 800K XX, PAGES XX THROUGH XX, BEI"G
SOUTH 88'49'29" EAST
lON OF THE
LANTED IN
APHIC OR
'HIS PLAT
\\k't
Ef.. .
...
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