Olde Cypress Unit OneRECEIVED
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DiViSION
ENG[NEEETNG REVTEW SECTION
MEMORANDUM
Sue Filson, Administrative Assistant
FROM' ,Tohn R. Houldsworth, Senior Engineer
DATE: April 5, 1999
RE'
Olde Cypress Unit One
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Olde
Cypress Unit One. 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
OI,I)E CYPRESS, UNIT ONE
PRELIMIN, ~,RY WORK A UTItORIZATION
1999. by and bclween Ibc Board o£ County Cotnnlissioners or' ('olticr County, Florida.
herehlaflcr referred to as "County". and Old)E CYPRESS DEVEI.OI~MENT. [.TD.. a Florida
Limit~ Panne~h~p.~¥ OLDE CYPRESS DEVEI.OPMENI CORPORATION. its General
RE(TFAI.S:
\VI fEREAS, thc County has adopted ('oilier Cotmty Ordinance No. 96-64 known as
Tfi,E WOODLANDS a.k.a. OLDE CYPRESS Ordinance. hereinafter referred to as thc PUD:
WtlEREAS, the Owner represents arid warrants it is thc record Ice title owner of the
lands described in el. DE CYF'RESS. UNI'F ONL:, said legal description attached hereto as
Exhibit "A: and incorporated herein by reference; and
WI,tEREAS, iht South Florida Water Management District issued a suz'fi~cc water
management permit tbr TIlE WOODI.ANDS a.k.a. OI.DE CYPRESS, SF\VMD Application No.
11-01232-S: and
WHEREAS. (),,vner represents fllat tile f~rcliminary Work Authorization is needed
because construction of infrastructure needs to occur as soon ils possible duc to economic and
development schedule reasons; and
WtIEREAS, Owner represents and warrants that no construction shall occur in
environmentally sensitive areas unless tile necessary pemlits and approvals for the construction
have been obtained by thc Owner; and
WItEREAS, Owner acknowlcdgcs that all rcquircmcnls o1' Collicr County's Growth
Management Plan and Adcqt, ate Public Facilhies Ordinance,
. .,.~.,~z, will be met prior to
approval of a final subdivision plat, or final site devdopmcnt plan or building pen'nit, as
appropriate; and
WItEREAS, Section 3.2.7.3.6 of tile Land Development Code establishes a mechanism
for processing and issuing a Preliminary Work Authorization.
NOW 'FIIEREFOP, E, in consideration of tile premises, thc nlutual undertakings of tile
parties, and other good and valuable considcration, it is agrced by the parties hereto as follows:
Pagc 1
SECTION I - ACKNOWI,EDGMENT
Thc foregoing recitals arc true and correct and arc incorporated herein by rcl~rencc.
Fu~hcr. it is jointly acknowledged that Iht execution of this Agreement docs not constitute a
Development Order or any other final approval by Collier County.
SECTION 2 - i51I'ROVEMENTS
mo
Owner shall be permitted to perform site preparation and construction activities subject to
tile conditions, limitations and restrictions contained in Sections 3 through 7 below, :ts
follows:
o
F_anhwork necessary for thc installation of water and sewer lines, drainage pipes.
swales and roadbed preparation.
2. Installation ofstonn drainage pipes and swales.
The preliminary work detailed in this Section shall bc irt accordance with plans entitled
OLDE CYPRESS. UNIT ONE consisting of 32 sheets, prepared by t lOLE. MONTES &
ASSOCIATES, INC., dated DECEMBER, 1998 and rcviscd MARC} I. 1999, hcrcinaftcr referred
to as '*The Preliminary Worl,:.*' Thc legal description of thc boumlarics el'the l'rcliminaz.-y \Vork
is showll oil the preliminary plat for OLDE CYPRESS, UNIT ON[:. cons/sting of II sheets
prepared by THOMAS M. MURPHY, PSM.. ttOLE, MONTES AND ASSOCIATES, INC.
Bo
Prior to any work being undertaken, owner shall submit to Ibc County complete pem'~it
packages and applicable review and inspection fees for tile necessary pen'nits for the
Preliminary Work (the "Preliminary \Vork Permits"). These applications arc as follows:
OLDE CYPRESS. UNIT ON['_'. construction plans consisting of "'~
_,- sheets
prepared by t lole, Montes and Associates, Inc.
OLDE CYPRESS, UNIT ONE, final plat consisting of 11 sheets preparcd by
ltole, Montes & Associates, Inc.
SECTION 3 - PERMITS REQUIREI)
lsst, ancc of' the Preliminary Work I'ermits shall be conditioned upon thc lbllowing:
ao
County staff linding that thc applications for l'rclimirmry Work Pcrmits are complete and
satisfactory and are ready for scheduling to tile Board of County Commissioners for tinal
plat approval.
Owner submitting to tile County a copy of the early work permit or actual pen'nit from
the South Florida Water Management District for all matters included in the jurisdiction
Page 2
of thc South Florida \Valor Management District. which cor~fbrnm with the Prel[mmar~
"~' ~-r'~'r~trast'"lSrarrs ~/m'n m 6d ~o -ilne Coumy. '-
SECTION 4- INDEMNIFICATION
Owner agrees to indcnmify and hold County harmless against any and ali liability, loss.
d:~nage or m~s~ from claims or causes of action, including attorneys fees ~d
~Rfng ~om, a5s/ng out ol} or in connect/on with Owner's negligence and/or witlfi~l
misconduct in the construction of the Prelimina~ Work under the Prclhninarv Work Permits
any challenge by any person or pany objecting to lJlc Jcgaljty or validity ot'the Aurccmcnt.
SECTION 5 - RESTRICTIONS
This Agreement shall be binding upon tile panics and is not transfcrahlc.
SEC'TION' 6 - I.I;~IITATIONS
This Ag'reemenr shaft expire thirty (30) days from the date of thc issuance of the
Preliminary \Vork Permits if the project's final plat is not submitted tc~ ti't Board of ('ountv
Commissioners for approval pursuanl lo Division 3.2 of Ibc/_and Dcvclopmcnt (-Md,_.' unJcss ~c
Owner is delayed m having his final plat reviewed by tile Board due to the fault of the County.
Ali work approved by this Agreement must cease and not restart il' thc final plat is no/submitted
and approved by the Board of County Commissioners within this authorization period. No work
is authorized under this Agreement prior to satisfying thc conditions A and B in Section 3 oFthis
Agreement. Any attempt to commence v,'ork prior to issuance of requisite permits shall render
all provisions of this Agreement null and void.
By entering into this Agreement lhe County does not guarantee and thc Owner cannot
rely upon thc 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 ofthe Land Development Code before thc final plat can be submitted to the Board for
consideration.
IN WITNESS WItEREOF. thc panics have executed this Agrccmcnt the day first above
written.
Signed, Sealed and Delivered
In the presence of:
Print or Type Name
Print or Type Name
ATTEST:
D'.w'ight Brock} Clerk
tartest as to Chairman's
s~,ature
Apl~rovcd,as l'o,lorm and legal sufficiency:
Heidi F. Ashton, Assistant County Attorney
STATE OF: Florida
COUNTY OF: Collier
OWNER
OLDE CYPRESS DEVELOPMENT.
LTD., a Florida Limited Partnership
BY: OLDE CYPRES.._S, DEVEL-QPMENT
C O R P O R 4--TKS~,~G'~..P:'I-qt n c r
//Paul Hardy, President of ~lde/
Cypress Development. Corpora,./±on,
General Part:her of Olde Cy/dress
Pamela S. Mac'Kic, Chai m'ofi~an
The foregoing instrument was acknowledged before me this __~[~ day of
1999 bv ~.t ~' ~ t ; ...... ' ..... ' ...... - .... ,
Ft~',;t ,,' ......... ~.~, ~Co~oration authorized to do business in the state or Florida. lie is personail~'
known lo me and did not take an oath.
NOTARY I UBLI(,- - -
My Commission Expires ('ommission Number k'C '~to'
Printed Name of Notary Public
996', 19960~dU' ~.tc prchmm:J~>~.vorkaulhori/alion doc
Page 4
PROPERTY DESCRIPTION:
EXItIBIT "A"
FOR ~ [,:ET~;,tF 0:E5 :I FEET ',-N~' -
" .... - fEET;
:,.8~.~807 ~/.. FOR A DISTANCE OF 330.24 F[£¥; THENCE P, GN ~,s.~',};'].:",', FC? :,
CONT/-i,"~IN,.S 5:0.,.:56 ;..CRES, MORE CR LESS,
LESS :.ND £×CEPT:
COMMENCE AT TeE SOUTH/,."EST',]CE,;£R OF SECTION 21, T,];',.I',ISFdP 4...R SgUTH, R'-t;GE 2-'..
SECTION 2~. FOP. A DISTANC-_- OF 2 .... 3.,7 T TO Ti-E ' ,-c~-
SECTION 21; THENCE RUN N.8g'06'z. 5"E., ALC;NO THE SOUDt LIHE OF THE !]OR;H','iEST
- 'OF. SAID SEDCN 21, FOR A D1ST,~NCE. ,OF 660.74 FEET, TO lHE LO-'-' .'~:_q._E.._~:J~,'q:.;,__N~"T - ~ F ~, ,, ~ OF F~E P:RCFL
OF LAND HEREh',,' DESCRibED; TH"_-,'.:CE RUt,/ N.DO'59'27",,',,., FOR A D:S :-' ",,CE CF t.330.'~E'. FEET:
SECTIO,"./ 21; THENCE RUN S.89'C.5'45"vL, FOR ~ D',STANC£ OF i :')I .":'- F--:"-'