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Preserve CommonsCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION EN~INEERIN~ REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: ~Tohn R. Houldsworth, Sen/or Engineer RECEIVED DATE: RE: April 7, 2000 Preliminary Work Authorization 8oard of Count,y Commfssioners Attached please find a Preliminary Work Authorization for Preserve Commons. This document has been reviewed by Engineering Review and the County A ttorney's Office. Collier Count~,R~sol.tion No,~9~j147.provides for the administrative Chairman sign the document and forward to the Clerk's office. 5hould you have any questions, please advise. jrh CC: Project File Reading File PRESERVE COMMONS PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this ~_ day of~~, 2000, by and between the Board of County Commissioners of Collier County, Florida bereinaRer referred to as "County" and Olde Cypress Development Ltd., a Florida limited partnership, Olde Cypress Development Inc., General Partner, hercina~cr rcfcrrcd to as the "Owner", RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 99-27 known as Oldo Cypress Planned Development Ordinance hereina~cr referred to as Olde Cypress; and WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in Preserve Commons, said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District has issued a permit for a surface water management construction for Olde Cypress, SFWMD Permit No. 11-01639-P; and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because they want to have infrastructure constructed in time for upcoming seasonal sales; 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 subdivisions 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 premised, the mutual undertakings of the parties, and other good and valuable consideration, it is agreed by the parties hereto as follows- SECTION I - 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. SECTION 2 - IMPROVEMENTS A. Owner shall be permitted to perform site preparation and construction activities subject to the conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows=. Grading, Utilities and Drainage for the Development. The preliminary work detailed in this Section shall be in accordance with plans entitled Preserve Commons consisting of nine (9) sheets, prepared by Cynthia G. Yanosik, P.E., Community Engineering Services, Inc. dated February 2, 2000, hereinaRer referred to as the "The Preliminary Work". The legal description of the boundaries of the Preliminary Work is shown on the preliminary plat for Preserve Commons consisting of two (2) sheets prepared by Roger H. Harrah - LS#5294, Community Engineering Services, 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: Final Plat Subdivision SECTION 3 - PERMITS REQUIRED Issuance of the Preliminary Work permits shall be conditioned upon the following: a. County staff finding that the applications for Preliminary Work Permits are complete and satisfactory and are ready for scheduling to the Board of County Commissioners for final plat approval. b. Owner submitting to the County a copy of the actual permit from the South Florida Water Management District for all matter included in the jurisdiction of the South Florida Water Management District, which conforms with the Preliminary Work Release plans submitted to the County. DEP Permit and plans for sanitary construction are currently under County review. DEP Permit and plans for water service construction are currently under County review. SECTION 4- APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions a and b in Section 3 above have been satisfied. 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 The Agreement shall be binding upon the parties and is not transferable. SECTION 7- LIMITATIONS This Agreement shall expire thirty (30) 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 Commissioners 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 and 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 can not 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. IN WITNESS WHEREOF, the parties have executed this agreement the day first above written. STATE OF FLORIDA COUNTY OF O!de Cypress Development Ltd., A Florida Limited Partnership, Olde ess D pment Inc., as General Partn Rob Pre On this o~t'~ day of Vcbn,~ , 2000 before me, personally appeared Robert Paul Hardy, President of Olde Cypres%evelopment, Inc., a General Partner of Olde Cypress Ltd., personally known to me to be the person who subscribed to the foregoing instrument. ~_.,~~C STATE OF FLORIDA '; ATTESTi.:~: CLERK'S NAME, CLERK .. as to Chairman's "siVatufa onlT. Approved as to form and legal sufficiency: ssistant County Attorney BOARD 'OUNTY ~OMMISSIONERS EXHIBIT A LEGAL DESCRIPTION (PREPARED BY SURVEYOR) A TRACT OF LAND DESIGNATED AS OLDE CYPRESS COMMERCIAL TRACT BEING A PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, TWP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 12, THENCE; ALONG THE SOUTH LINE OF SECTION 12, SAID UNE ALSO BFING THE NORTH UNE OF IMMOKALEE ROAD R.O.W.(IO0'), NORTH 89d09'52" EAST A DISTANCE OF 330.21 FEET TO A POINT, THENCE; NORTH 00d57'12' WEST, A DISTANCE OF 100.00 FEET TO A POINT LYING ON THE NORTH UNE OF THE IMMOKALEE ROAD CANAL R.O.W.(IO0') SAID POINT BEING THE TRUE POINT OF BEGINNING(P.O.B.), THENCE; NORTH 00d57'12" NORTH 84d38'31" NORTH 35d53'30' NORTH 19d04'37" AROUND A CURVE HAVING A RADIUS NORTH 44d56'56' EAST, NORTH 70d49'15" EAST, NORTH 75d07'37" EAST, NORTH 75d57'00" EAST, NORTH 86d14'00' EAST, NORTH 89d27'18" EAST, NORTH 89d03'29" EAST, V~[ST, A DISTANCE OF 217.65 FEET TO A POINT, THENCE; EAST, A DISTANCE OF 128.23 FEET TO A POINT, THENCE; EAST, A DISTANCE OF 71.61 FEET TO A POINT, THENCE; EAST, A DISTANCE OF 302.88 FEET TO A POINT, THENCE; TO THE RIGHT THROUGH A CENTRAL ANGLE OF 51d44'q-O", OF 150.00 FEET, WITH A CHORD BEARING AND DISTANCE OF A DISTANCE A DISTANCE A DISTANCE A DISTANCE A DISTANCE A DISTANCE A DISTANCE OF 130.91 FEET TO A POINT, THENCE; OF 52.30 FEET TO A POINT, THENCE; OF 144.77 FEET TO A POINT, THENCE; OF 102.B5 FEET TO A POINT, THENCE; OF 127.07 FEET TO A POINT, THENCE; OF 119.66 FEET TO A POINT, THENCE; OF 85,11 FEET TO A POINT, THENCE; SOUTH 00d56'31" EAST, A DISTANCE OF 742.35 FEET TO A POINT, LYING ON THE NORTH LINE OF THE IMMOKALEE ROAD CANAL R.O.W.(IO0'), THENCE; ALONG SAID CANAL LINE SOUTH 89d09'52" WEST A DISTANCE OF 990.46 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 13.600 ACRES OF LAND MORE OR LESS.