Pebblebrooke Lakes Phase Four
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer
DATE: July 19, 2004
RE: Pebblebrooke Lakes Phase Four
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Pebblebrooke Lakes Phase Four. 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
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PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this I $r day of .JUL. Y 2004, by
and between the Board of County Commissioners of Collier County, Flofida hereinafter referred
to as "County", and DAD Development Corporation, hereinafter referred to as "owner".
RECITALS:
WHEREAS, the County has adopted Collier county Ordinance No..98-59 known as the Richland
PUD Ordinance, hereinafter referred to as the Richland PUD; and
WHEREAS, owner represents and warrants it is the record fee title owner of the lands described
in Davidson Engineering Plan Set #03-0037, said legal description attached hereto as Exhibit
"A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District is currently reviewing an application
for a surface water management permit for Pebblebrooke Commercial Phase IV, SFWMD
Application No. 031211-9; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because there
have already been brush fires. therefore local residents are demanding that we clear the area as
soon as lJossible; and
WHEREAS, Owners represents and warrant that no construction shall occur in environmentally
sensitive area 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 a 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 I - ACKNOWLEDGEMENT
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 restriction contained in Section 3 through 7 below, as
follows;
We are proposing to complete the clearing on the site. We are also proposing to start the
utility, storm water, drainage, and parking infrastructure. We wish to start this
construction at time of PPL approval and prior to the plat being recorded.
The preliminary work detailed in this Section shall be in accordance with plans entitled
Pebblebrooke Commercial Phase IV consisting of 15 sheets, prepared by Davidson
Engineering, Inc., dated May 2004, hereinafter referred to as "The Preliminary Work".
The legal description of the boundaries of the preliminary Work is shown on the
preliminary plat for Pebblebrooke Commercial Phase IV consisting of 2 sheets prepared
by Rhodes & Rhodes.
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 "Preliminary Work Permits"). These applications are as follows:
1. Pebblebrooke Commercial Phase IV PPL-5145, prepared by Davidson Engineering, Inc.
file number 03-0037, plat prepared by Rhodes and Rhodes, currently under fourth review;
2. Pebblebrooke Commercial Phase IV SDP-5702, prepared by Davidson Engineering, Inc.,
file number 03-0037, currently under first review;
3. Pebblebrooke Commercial Phase IV South Florida Water Management District ERP
Modification, application number 031211-9, permit number 11-01505, approved;
4. Pebblebrooke Commercial Phase IV Florida Department of Environmental Protection
Water and Wastewater Construction Applications, currently under review by Collier
County.
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.
B. Owner submitting to County a copy of the early work 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.
1. Pebblebrooke Commercial Phase IV South Florida Water Management District ERP
Modification, application number 031211-9, permit number 11-01505, approved;
2. Pebblebrooke Commercial Phase IV Florida Department of Environmental Protection
Water and Wastewater Construction Applications, currently under review by Collier
County.
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SECTION 4 - APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat
approval once conditions (List conditions by Letter) in Section 3 above have been satisfied.
Owner understands and acknowledges that no building permit for habitable structures within the
(P.f.o1e~t þ.J'lIR~) until the ~Pro1ect Plat Nàtuc}plat is approved and recorded.
P<iliJj-ebrook Comnt~1 c.L1 Phú~ TIZ:
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 attorney's 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 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 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 (Reference applicable
Conditions by Letter) 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 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.
WITNESSES:
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OWNER:
DAD DEVELOPMENT CORP.
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PRINTED NAME
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ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PRELIMINARY WORK AUTHORIZATION WAS ACKNOWLEDGED
BEFORE ME THIS J DA Y OF -'J'L~ \.- Y , 2004, BY JOHN M.
DEANGELIS AS DIRECTOR OF DAD DEVELOPMENT CORP. WHO IS PERSONALLY
KNOWN TO ME, OR HAS PROCUCED . ÄS-
IDENTIFICA TION.
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NOTARY PUBLIC-STATE OF FLORIDA
'K\ L Í- .:..-
...~~'~t.'" SABINA E. HILL
~.~~.... ~\ MY COMMISSION # DD 161607
'J} EXPIRES: October 28, 2006
·F.:t~~"" Bonded Thru Notary Public Underwritørs
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF C ŒR COd FL~RIDA
A FIALA, CHAIRMAN
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EXHIBIT "A"
Prepared by Rhodes & Rhodes Land Surveying, Inc.
PROPERTY DESCRIPTION
PEBBLEBROOKE COMMERCIAL PHASE IV
ALL OF TRACT 6 PEBBLEBROOKE LAKES, ACCORDING TO THE PLAT
TIIEREOF, RECORDED IN PLAT BOOK 30 AT PAGES 4 TIIROUGH 12
(INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
ALL BEING LOCATED WITHIN SECTION 27, TOWNSHIP 48 SOUTII, RANGE 26
EAST.
CONTAINING 460,467 SQUARE FEET OR 10.57 ACRES, MORE OR LESS.
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