Agenda 01/25/2011 Item #16K3
1/25/2011 Item 16.K.3.
EXECUTIVE SUMMARY
.
Recommendation to authorize the County Attorney to fIle a lawsuit, on behalf of the
Collier County Board of County Commissioners, against DAD Development Corp.,
regarding Pebblebrooke Lakes, for failure to comply with the Developer Agreement dated
October 14, 2008, which requires the Developer to extend a wall and install a landscape
buffer within a preserve area bordering adjacent residential properties.
OBJECTIVE: That the Board of County Commissioners (Board) authorizes the County
Attorney to file a lawsuit, on behalf of the Board, against DAD Development Corp., for failure to
comply with Paragraph B of the October 14, 2008 Developer Agreement which requires the
Developer to extend a wall and install a landscape buffer within a preserve area bordering
adjacent residential properties in Pebblebrooke Lakes.
.
CONSIDERATIONS: On October 14,2008, the County entered into a Developer Agreement
with DAD Development Corp. (DAD) in a matter involving the construction of a two-story
building in the commercial section of Pebblebrooke Lakes. This Agreement called for the
Developer to "extend the existing eight-foot wall along the west side of the Building 175 feet
north on the property line to the north side of the existing dumpster enclosure." Additionally, it
required the Developer to create a landscape buffer within a preserve (Preserve Buffer) which
borders adjacent residential properties. Initially, a permit was sought from the South Florida
Water Management District (SFWMD) by the Pebblebrooke Lakes Homeowners' Association to
install plantings in the Preserve area, but the SFWMD has now twice stated that no permit is
needed. After much delay, on November 11, 2010, the HOA granted DAD written authorization
to enter the Preserve and commence the required work. DAD has refused to extend the agreed-
upon wall unless the County waives the agreed-upon landscape buffer. Copies of the Developer
Agreement and correspondence from Donald A. Pickworth, Esq., are attached for the Board's
reference.
It is this Office's opinion that DAD is in breach of the Developer Agreement, and efforts to
amicably resolve this issue have stalemated. Accordingly, this Office seeks Board authorization
to initiate suit against DAD for its failure to extend the required wall and install the Preserve
Buffer pursuant to the Developer Agreement.
FISCAL IMPACT: Filing and service fees are approximately $445.00. The case will be
handled by the County Attorney's Office.
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSIDERATIONS: The County Attorney's Office prepared this Executive
Summary and it is legally sufficient for Board action. This item requires a simple majority vote.
-STW
RECOMMENDATION: That the Board authorizes the County Attorney to file a lawsuit
against DAD Development Corp., regarding Pebblebrooke Lakes, for breach of the Developer
Agreement dated October 14,2008, which requires the Developer to extend the wall and install a
. landscape buffer within a preserve area bordering adjacent residential properties.
Prepared by: Steven Williams, Assistant County Attorney
Packet Page -959-
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1/25/2011 Item 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3.
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit, on
behalf of the Collier County Board of County Commissioners, against DAD Development Corp.,
regarding Pebblebrooke Lakes, for failure to comply with the Developer Agreement dated
October 14, 2008, which requires the Developer to extend a wall and install a landscape buffer
within a preserve area bordering adjacent residential properties.
Meeting Date: 1/25/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, County Attorney
1/13/2011 4:15:47 PM
Approved By
Name: Williams Steven
Title: Assistant County Attorney,County Attorney
Date: 1/13/2011 4:39:56 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/14/201112:04:13 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/14/20111:24:42 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/15/201111:52:08 AM
Packet Page -960-
Retn:
CLIRl TO THI BOARD
II!lROllICE 4TH lLOOR
lIT SiD6
. . 1/25/2011 Item 16.K.3.
4224383 OR: 4402 PG: lblili DC III 103.50
RBCORDED in the OlPICIAL RECORDS of COLLIER COOlf', PL COPIES 12.00
10122/2008 at 09:57AX DWIGHT I. BRCCI, CLIRt
DEVELOPER AGREEMENT
.
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this \~of Oc.~ ~~ , 2008, by and between DAD Development Corp., a
Florida corporation, whose address is 2375 Tamiami Trail North, Suite 210, Naples, Florida
C'Developer"), and COLLIER COUNTY, FLORIDA, a political subdivision of the ~tate of
Florida (hereinafter referred to as "County).
RECIT ALS:
WHEREAS. the County, by and through its Board of County Commissioners (the
"Board"), makes the following findings and determinations:
Developer is the owner of certain developed lands within the unincorporated area
of Collier County, Florida described on Exhibit A attached hereto (the
"Property'').
The Property is
as the "Richl
by the Coun
permits issued in 2005 and
006.
d superseded 0
uses on certain
. '!iECI~~
The application for the PUD was led in October, 2001, by the owner of the
Property at that time, Kenco Development, Inc., by Kenco's agent.
~~.
The PUD repe . '.
changed the pe
Property, from resi
Unit Development known
rd' en, enacted as an ordinance
c :&0, 02-07 (the "pun").
~.
o 7, and, among other things,
"thin the PUD, including the
.
The Developer was not involved in the processing of the application for the PUD
and was not aware of inconsistencies in the recommendations ~f the Collier
County Planning Commission and the County staff regarding, among other things.
the maximum nUmber of stories allowed on buildings within the Property.
The Developer purchased the Property subsequent to the adoption of the PUD
without knowledge of the aforementioned inconsistencies and relied in good faith
on the express terms of the PUD.
WHEREAS, the Board has been advised that there is uncertainty as JO a favorable
outcome if the County seeks judicial remedies against Developer; and
.
Page I of7
Packet Page -961-
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1/25/2011 Item 16.K.3.
OR: 44U2 PG: lb89
. WHEREAS, the County has determined that the interests of the citizens of Collier
County, including the citizens residing in the residential portions of the RicWand PUD will be
better served by an agreement between the Developer and the County under which the Developer
is required to take specified remedial actions; and
WHEREAS, the Developer is willing to take the remedial actions set forth in this
Agreement if the Developer is assured by the terms of this Agreement that the County will not
seek judicial remedies that would require the Developer to demolish the second floor of the
Building or be barred from using the second floor of the Building or that the County will not
seek to enact any legislation or take any other action that would make the Building a non-
conforming use or interfere with the use of the Building, including its second story, as permitted
by the PUD; and .
WHEREAS, after reasoned consideration, the Board fmds and reaffirms that this
Agreement is consistent with both the public interest and with the comprehensive plan.
WITNES S ET H:
1. All of the above RE
herein by reference as if set
1, at Developer's expense, a
eas shown on the drawing attached
The Landscape Buffer will meet the
The Landscape Buffer will provide at least 90% opacity to screen the Building. This buffer shall
occur above the existing 8 foot concrete fence and extend vertically to a height of over 26 feet.
Unless adverse growing conditions beyond the control of Developer occur, this will mean that at
least 90% of the building will be covered after two years.
The proposed planting as designed will install Areca Palms of at least 16 feet in height, planted
approximately 10 feet on center, starting 35 feet west of the western edge of the Building,
extending the full length of the Building to a point that is at least 1.00 feet east of the e8$t comer
of the Building.
In addition. 2 rows of Cabbage palms planted 10 to 12 feet on center (per row). -These trees shall
be planted with a clear trunk height of approximately 16 feet to 21 feet (which equals 21 feet to
Page 2 of7
D~,.I",,+ 0.."'.... _C'::-L
1/25/2011 Item 16.K.3.
OR: 4402 PG: 2690
26 feet overall height). These Cabbage palms will be planted with the fronds removed, as is .
consistent with Landscape standards, as this dramatically increases the survival rate of the trees.
It is expected that these Cabbage palm trees should be fully leafed out in 24 months.
It is understood that this buffer will be fertilized and maintained by Developer on a consistent
basis to ensure the long term success and survival of the buffer.
It is also understood that, as with any living product, inherent risks may exist that include acts of
God, such as hurricanes and/or freezes or other events that are beyond the control of the
Developer, and that such occurrences may prevent or delay the development of the Landscape
Buffer to the size and opacity specified. The Developer shall take such steps as are prudent,
reasonable, and in accordance with customary landscape installation and maintenance procedures
in this area Any damage that may occur to the buffer will be repaired as effectively as possible,
but additional time may need to be allowed to allow the buffer to repair any damage.
B. Preserve Buffer:
designated in. the PUD as "P~ e
hereto as Exhibit B (the "Pre rv
as shown on Exhibit B d 0
Management District. The
which are hereby approved:
dscape buffer within the area
as uch in the drawing attached
ty pproves the Preserve Buffer
'r by South Florida Water
criteria and specifications
.
Three rows of Sabal Palms as ~I. ws:
16' overall height ("oa") (2) a.
trees with 21' ct and 26' oa;
C. Opacity film on Building's south-side second floor windows: The Developer
shall install an opaque window film ("Opaque Film") on the Building's second floor windows as
follows:
(i) The Opaque Film shall be pennanently installed at the time any spaces are
leased on the south side second floor. .
(ii) 'The Opaque Film shall be of sufficient opacity to prevent persons in the
second floor spaces from clearly' observing the residences on Spider Lily Lane and shall be
installed from the bottom of the window to a height of seven (7) feet above the floor.
(iii) The Opaque Film need not be installed on the windows of any unleased
second floor spaces so long as such spaces are locked and access is under the control of the
Developer. .
.
Page 3 of7
Packet Page -963-
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1/25/2011 Item 16.K.3.
OR: 4402 PG: 2691
D. Extension of wall on west side of Building: Developer shall extend the existing 8
foot concrete wall along the west side of the Building 175 feet north on the property line to the
north side ofthe existing dumpster enclosure.
E. The Developer shall begin construction of the wall and installation of the buffers
within 60 days from receipts of all necessary permits and approvals, following the Effective Date
as defined herein.
F. Resolution of disputes over achievement of opacity standards: In the event the
County shall determine that the opacity standards for the Landscape Buffer have not been met,
after being advised in writing by a professional landscape architect (LSA) to such effect, the
County shall so notify the Developer in writing and the Developer shall have 30 days to take
appropriate corrective actions, or the Developer shall dispute the County's determination by the
written opinion of an LSA. In such event, the two LSA's shall attempt to resolve the dispute,
and if unable, shall jointly' select a third LSA, whose decision shall be binding.
G. Relocation of Dumpster:
designated as "Existing Dumpster t )
.C. from the location shown on ~
"Proposed DP Locations", w 'ch e a
Provided, however, that Dev op 's .
COWlty grants appropriate i
""Proposed DP Locations" t b
concrete wall, which woul .
dumpster to be located withi
3.
A. The County finds, determines and acknowledges that the Developer has and had a
vested right to construct the Building with two stories and at the height so constructed and that
the County is estopped from asserting the contrary in any proceeding.
B. That the County will take no legislative or administrative action, such as, but not
limited to, a rezoning or amendment of the PUD that would make the Building a nonconforming
use or in any other way prevent its reconstruction and/or repair in the event it is damaged or
destroyed.
C. . That the Remedial Actions adequately a~dress and mitigate all adverse impacts of
the Building, if any, on the surrounding residential properties.
4. This Agreement shall not be construed or characterized as a development agreement
under the Florida Local Government Development Agreement Act.
Page 4 of7
Packet Page -964-
1/25/2011 Item 16.K.3.
OR: 4402 PG: 2692
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5. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement
shall inure to, aU assigns and successors in interest to the parties to this Agreement.
6. In the event state or federal laws are enacted after the execution of this Agreement, which
are applicable to and preclude in whole or in part the parties' compliance with the tenns of this
Agreement, then in such event this Agreement shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Agreement.
7. Except as otherwise provided herein, this Agreement shall only be amended by mutual
written consent of the parties hereto or by their successors in interest. All notices and other
communications required or permitted hereunder shall be in writing and shall be sent by Certified
Mail, return receipt requested, or by a nationally recognized overnight delivery service, and
addressed as follows: .
To COUDty:
Board of County Commissioners
Attn: County Manager
Harmon Turner Building
3301 Tamiami Trail East
Naples, FL 34112
Phone: (239) 252-4010
To Developer:
DAD Development Corp.
2375 Tamiami Trail North, S
Naples, FL 34103
.
.8. Disputes: Disputes concerning the achievement of the height or opacity standards for the
Landscape Buffer or the Preserve Buffer shall be resolved in the manner set forth in paragraph 2.
For all other disputes under this Agreement, the parties shall first use the County's then-current
Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either
party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the
terms of this Agreement, said remedy being cumulative with any and all other remedies available
to the parties for the enforcement of this Agreement.
9. Effective Date: This Agreement shall be executed by both parties following Board
approval of this Agreement.
.
Page 5 of7
Packet Page -965-
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1/25/2011 Item 16. K.3.
OR: 4402 PG: 2693
10.
Notwithstanding anything to the contrary in this Agreement:
A. The Developer's obligation to apply for and process pennits for the Remedial Actions
shall only require the Developer to apply to the County for an Insubstantial SDP Change. If
permits, from either the County or any other governmental agency, for any of the Remedial
Actions are denied at the staff level, or if conditions are placed on the issuance of any such
pemtit that would require Developer to pay more to complete' the Remedial Action than the
actual cost of the work constituting the Remedial Action, then Developer's obligation to take
such Remedial Action shall cease.
B. If any of the Remedial Actions require permits from any other governmental agency
(including the South Florida Water Management District), Developer shall have no obligation to
apply for or process pennits from such agency and no obligation to take any Remedial Action in
the absence of a permit. However, where the Remedial Action involves work in an area owned
by another person or entity, where the proper applicant for such permit would be such other
person or entity, then if such person or entity, at their sole expense, obtains a permit for the
Remedial Action, then Developer will take the Remedial Action, with Developer's cost being
limited. solely to the actual cost of the d any other costs shall be paid by the
permit applicant. Developer shall c or entity in a pennit application by
providing drawings and other i n that Develope tained in the course of applying
for County permits, but shall ot ave an obligation to nd onies solely for the agency
application. If such required e t i ece the ve per shall have no obligation
to take the Remedial Action.
c. With respect to the s
Developer shall use their bes
of obtaining a permit from a .
the intent of this Agreement,
costs to Developer contemplate
~ B above, the County and
c: . so as to avoid the necessity
~ cations will be keeping With
, . at Actions shall not exceed to
ATIEST:'
D~li:f~i$ROCK, CLERK
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App~ed'as to form
and I al ciency:
.
Page.60f7
Packet Page -966-
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1/25/2011 Item 16.K.3.
OR: 4402 PG: 2694
WITNESSES:
,
By: .
Page 7 of7
Packet Page -967-
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Exhibit A- The Property
1/25/2011 Item 16.K.3.
OR: 4402 PG: 2695 . - --;
Tract I. Pebblebrooke Commercial Phase IV. according to the Plat thereof recorded at Plat Book
41, Pages 93 and 94. Public Records of Collier County, Florida
.
EXHIBIT A
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Packet Page -968-
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EXISTING
TRANSFORMER PAO
PROPOSED OP
lOCA llONS
EXISTING DUMPSTER
TO BE RElOCA lED
6.0. CHAINUNK
FENCE ALONG
PROPERTY UNE
STRIPPED.
NO PARKING
TOW AWAY ZONE
1/25/2011 Item 16.K.3.
*** OR: 4402 PG: 2699 ***
___.,L_____!L~
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EXHIBIT C
Packet Page -972-
.__ I
1/25/2011 Item 16.K.3.
DONALD A. PICKWORTH, P.A
ATTORNEY AT LAW
SUITE 502 NEWGATE TOWER
5150 NORTH aMtA..MI TRAIL
NAPLES, FLORIDA 34103
e-maib picklaw@earlh1ink.net
.
(239) 263-8060
FAX (239) 598 -1161
December 20, 2010
Vuz email and US Mail
Steven T. Williams, Esq,
County Attorney's Office
3299 East Tamiami Trail
Suite 800
Naples, FL 34112
Re: Pebblebrooke Lakes; Construction of wall
Dear Mr. Williams:
This letter is in response to your email of November 29, 2010, stating that [the email] is
written permission to construct the wall and attaching a purported authorization to install
vegetation in the Preserve, The "authorization" [copy attached] is obviously defective on its
face as it authorizes "the DeAngelis Diamond Corporation and their designees to install the
plantings and materials as required by the agreement between DeAngelis Diamond Development
Corporation and Collier County." I hope you are aware that there is no agreement between the
County and DeAngelis Diamond Corporation or DeAngelis Diamond Development Corporation
regarding any work in the preserve, The agreement is between the County and DAD
Development Corporation, a Florida corporation that has as shareholders both individuals who
are also shareholders in DeAngelis Diamond, and others who are not.
.
While this defective authorization is certainly indicative of the careless manner in which
this matter is being treated, it also fails to address the substantive requirement of the South
Florida Water Management District (the "District") that the HOA "coordinate [with District
staffJ prior to finalizing. and/or implementing a planting plan or engaging in any activities within
the preserve" [see letter dated July 2,2010, copy attached]. In other words, permission of the
District is required, even if not a formal modification of the ERP, before the commencement of
any activities in the preserve area. The "authorization" attached to your emaiI does not even
state that the required coordination with District staffhas even been done. Obviously DAD is
not going to risk a violation proceeding by the District by proceeding to work in the preserve
without being furnished with a copy of a written communication between the District and the
HOA (as the permitee) that clearly and unambiguously authorizes the HOA to install the
plantings shown on the appropriate exhibits that are part of the agreement with the County and
have been in the County's possession since October, 2008. Neither the letter nor the intent of the
.
Packet Page -973-
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1/25/2011 Item 16.K.3.
agreement requires DAD to put itself in that position.
We think that larger issue here is what does the County want? The subject line of your
email and previous correspondence and emailsaIldealwiththeconstructionofthewall.In
previous correspondence and telephone conferences over the past several months we have
repeatedly suggested that the most rapid way to get the wall built so the affected residents can
see some action is to amend the agreement to eliminate the preserve buffer requirement. Had
this been done several months ago when we began suggesting it, the wall would have long since
been built. On the other hand, if the County wants the plantings installed, we do not understand
why the County does not assist the HOA in obtaining permission from the District and HOA that
will allow DAD to prudently proceed. Either of these alternative could have been implemented
by the County months ago and the work, whether it be wall only or wall and plantings, would
now be complete.
In spite of your threats to institute an enforcement action against DAD, in fact, DAD is in
full compliance with the agreement to this point in time. It cannot be compelled to install the
plantings without proper authorization, and it cannot be compelled to construct the wall alone so
long as the planting obligations remain in the agreement, because the construction ofthe wall
without the plantings being fIrst installed would expose DAD to substantially increased cost,
which is contrary to the agreement.
Please let us know how you wish to proceed,
Donald A. Pickworth
Cc: Ray DeAngelis (via email)
John DeAngelis (via email)
Jeffrey Klatzkow, County Attorney (via email)
Packet Page -974-
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1/25/2011 Item 16.K.3.
SOUTH FWRIDA WATER MANAGEMENT DISTRICT
LOWER WEST COAST REGIONAL SER.YICE CENTER 2301 McGregor Boulevard, Fort Myers, FL 33901
(239) 338-2929 · FI. WATS 1-800-24.8-1201 . Suncom 748-2929 · Fax (239) 338-2936 · www.sfwmd.govjlwcj
September 22. 2010
Steven T; Williams
Office' of the County Attorney
Collier County
3301 East Tamiami Trail
Naples, FL 34112-4902
c.n
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Subject: DAD Development at Pebblebrooke Center
Application No: 090406-15
Collier County, Section 27, Township 48S, Range 26E
Dear Mr. Williams:
The District Staff is in receipt of your letter dated September 2. 2010 requesting
clarification as to whether plantings can now be placed in the Pebblebrooke preserve
area pursuant to the October 14, 2008 agreement between DAD Development
Corporation and Collier County.
".. .
To specifically address you question of "May Plantings now be placed in the preserve
area pursuant to the October 14, 2008 agreement?" - Our answer is yes.
As stated in our letter dated July 2, 2010, (copy enclosed), prior to any plantings taking
place in the South Florida Water Management District designated preserve area within
the Pebblebrooke development (residential side of the privacy wall), informal
coordination with the Environmental Resource Compliance Division is encouraged to
ensure consistency with the existing permit and mitigation plan for this project.
Proposed plantings within the South Florida Water Management District preserve must
consist solely of Florida native vegetation. Please coordinate directly with Mr. Hal
Herbst from the Environmental Resource Compliance Division by calling (239) 338-
.2929 ext. 7742 and/or bye-mail at Hherbst@sfwmd.Qov
Please note that neither the Pebblebrooke Home Owners Association, nor DAD
Development Corporation are required to obtain additional authorization from the South
Florida Water Management District to commence construction of the privacy wall and
landscape buffer referenced in the October 14,2008 agreement between DAD
Development and Collier County. Please keep in mind that this correspondence does
not waive any permitting requirements from other entities having jurisdiction over the
property.
.
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DISTRIcr HI:ADQUAR1'RRS: 3301 Gun Oub Road, P.O. Box 2M.AO W""t P"l,." R.,,,rh "L 33416-4680 . (561) 686-8800 . FL WATS 1-800-432-2045
Packet Page -975-
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Steven 1. Williams
DAD Development at Pebblebrooke Center
Page 2
1/25/2011 Item 16.K.3.
In the event further legal questions or clarifications are needed, please contact Douglas
H. MacLaughlin. Senior Attorney with our Office of Counsel by calling (561) 682-2153 or
by email at dmaclauq((Usfwmd.qov
..
Should you have any further questions or comments, please do not hesitate in contacting
our office.
Sincerely,
~
J~eth . Kellum, . .
Environmental Resource Compliance Supervisor
Water Resources Permitting Division
Enclosure: July 2,2010 South Florida Water Management District letter
C: Ms. Beverly Kueter (for the Board of Directors)- Pebblebrooke Lakes Master
Association
Jeffrey Vespa- Pebblebrooke Lakes Master Association
Michelle Augustyn- DAD Development at Pebblebrooke Center
Stan Chrzanowski, P .E.- Collier County Government
Diane Flagg- Collier County Government
Doug MacLaughlin- SFWMD
Clarence Tears- SFWMD
John Policarpo-SFWMD
Rina Dalal-SFWMD
Hal Herbst-SFWMD
Ken Kellum-SFWMD
Bill Foley-SFWMD
Laura Layman-SFWMD
Packet Page -976-
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1/25/2011 Item 16.K.3.
.I. . 1#
BIG CYPRESS BASIN
Soum FWRIDA WATER MANAGEMENT DlsTRIcr
.. 2660 Horseshoe Drive N, Naples, Florida 34104
(239) 263-7615 . Fax (239) 263-8166 . www.sfwmd.govfbcb/
.
July 2, 2010
Ms. Bev Kueter
For the Board of Directors - Pebblebrooke Lakes Master Association
Sunburst Management Corp.
4306 Arnold Avenue
Naples, FL 34108
Re: DAD Development at Pebblebrooke Center
Application No, 090406-15
Collier County, Section 27, Township 485, Range 26E
Dear Applicant:
Upon further review of the above referenced application, the pending requests for
additional information, subsequent discussions between Collier County (County) and
the South Florida Water Management District (District), and your request for
withdrawing the application, we offer the following:
Construction of a wall, as depicted in the plans provided by the County; signed and
sealed by Stan Chrzanowski, P.E. on April 12, 2010, will not require a modification to.
the existing Environmental Resource Permit No. 11-01505-P. Construction of the
proposed wall does not alter the previously permitted surface water management
system, does not impact wetlands nor places encumbrances over conservationl
preserve areas, storm-water management related easements or cause a change over
previously permitted conditions. . .
Pertaining to the proposed planting materials on the residential side of the wall and to
facilitate adequate selection of planting materials, please coordinate directly with Mr.
Harold Herbst at (239) 338-2929 ext 7742 prior to finalizing and/or implementing a
planting plan or engaging in any activities within preserves not previously authorized by
the District.
In closing, we acknowledge receipt of your request to withdraw the above referenced
application and have initiated the effort to comply accordingly. Please note this
correspondence does not waive any pennitting requirements from other entities having
jurisdiction over the property.
Should you have any further questions or comments, please do not hesitate in
contacting our office.
Sincerely,
.
A. Valera, P,E.
ter Resources Permitting Division Director
.
/
/
BIG CYPRESS BASIN GOVERNING BOARD
DIRECTOR
Charles J. Dauray. C/ulir -let CAsmly
Pamela 5. Mac'Kie - Nllpla
John F. Sorey m. Vice 01lliT - Nap/a Fred No Thomas, Jr. - TmmoJraIu Clarence 5. Tears, Jr.
Noah M. Standridge, SecrdDry - Naplts John W. Vaughn. Jr. - Nap/a
Packet Page -977-
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1/25/2011 Item 16.K.3.
Page 2 of 2
;.
Ms. Bev Kueter
For the Board of Directors - Pebblebrooke Lakes Master Association
DAD Development at Pebblebrooke Center
Application No. 090406-15
cc: Jeffrey Vespo - Pebblebrooke lakes Master Association
Michelle Augustyn - DAD Development at Pebblebrooke Center
Stan Chrzanowski, P,E. - ColJier County Government (via email)
Diane Flagg - Collier County Government (via emaH)
Steven T. Williams - Assistant County Attorney (via email)
Doug Maclaughlin - SFWMD (via email)
Clarence Tears - SFWMD (via email)
John Policarpo - S.FWMD (via email)
Rina Dalal - SFWMD (via em ail)
Hal Herbst - SFWMD (via email) .
Ken Kellum - SFWMD (via email)
Bill Foley - SFWMD (via email)
laura Layman - SFWMD (via emait)
Packet Page -978-
1/25/2011 Item 16.K.3.
.
I,. ~Tt.;/e-s/b a. authorized represen,.tive.oHhe PebblabrookeHomeowna"
As$oda.tlO!1;gree to 'allowatcess-tO:lhe preserve.area owned by the. P.ebb)ebraQ~e' Home.PlN.ners-.
Assodatrciri in order to .ailciw-.ttie DeAnge,Jis Diamond Corporation arid th~r designees to Install the
pJantlngsand IT!ater't!tsa~ required by.the agreement between DeAngelis-. Diamond Development.
Corporation an.d. CQmer County.
STATE OF FLORIDA
COUNTY OF COLLIER,
Sworn to (or aff'Umed) and. subscribed before'me this il,J day of ~V. 20lO"by
,
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CMmUA. LH
."'rv.~:. 'I. CJf fIIfMI
My CGiIifn. EiIIIm .. D.1Ot4
(Frini!t-ypc/Stamp.COnuDISSJolied
'~aI'Qe of~otary Publfc)
Personalty knO\VJt ,/.
Packet Page -979-
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1/25/2011 Item 16.K.3.
.
BIG CYPRESS BASIN
Soum FtDRIDA WATER MANAGEMENT Dlsmrcr
.. 2660 Horseshoe Drive N, Naples, Florida 34104
(239) 263-7615 . Fax (239) 263-8166 . www.sfwmd.govfbcb/
July 2, 2010
Ms. Bev Kueter
For the Board of Directors - Pebblebrooke Lakes Master Association
Sunburst Management Corp,
4306 Arnold Avenue
Naples. FL 34108
Re: DAD Development at Pebblebrooke Center
Application. No. 090406-15
Collier County, Section 27, Township 48S, Range 26E
Dear Applicant:
Upon further review of the above referenced application, the pending requests for
additional infonnation, subsequent discussions between Collier County (County) and
the South Florida Water Management District (District), and your request for
withdrawing the application. we offer the following:
Construction of a wall, as depicted in the plans provided by the County; signed and
sealed by Stan Chrzanowski, P.E. on April 12, 2010, will not require a modification to
the existing Environmental Resource Permit No. 11-01505-P. Construction of the
proposed wall does not alter the previously pennitted surface water management
system, does not impact wetlands nor places encumbrances over conservation/
preserve areas, stonn-water management related easements or cause a change over
previously permitted conditions.
Pertaining to the proposed planting materials on the residential side of the wall and to
facilitate adequate selection of planting materials, please coordinate directly with Mr.
Harold Herbst at (239) 338-2929 ext 7742 prior to finalizing and/or implementing a
planting plan or engaging in any activities within preserves not previously authorized by
the District.
In closing, we acknowledge receipt of your request to withdraw the above referenc~d
application and have initiated the effort to comply accordingly. Please note this
correspondence does not waive any pennitting requirements from other entities having
jUrisdiction over the property.
Should you have any further questions or comments, please do not hesitate in
contacting our office.
Sincerely,
A. Valera, P.E.
ter Resources Permitting Division Director
BIG CYPRESS BASIN GOVERNING BOARD
DIReCTOR
John F. Sorey ill, Vice QlIlir - Naples Fred N. Thomas, Jr. -/mmolrnlu Clarence s. Tears, Jr.
Noah M. Standridge, Secre/ary - Naples John W. Vaughn. Jr. - Napl~.
Packet Page -980-
Charles J. Dlluray, Cluzir - l.e~ COIDlIy
Pamela S. Mac'FGe - N~lts
.,
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e
1/25/2011 Item 16.K.3.
..' I .....
Ms. Bev Kueter
For the Board of Directors. PebbJebrooke Lakes Master Association
DAD Development at Pebblebrooke Center
· Application No. 090406-15
Page 2 of2
.
cc: Jeffrey Vespa - Pebblebrooke Lakes Master Association
Michelle Augustyn - DAD Development at Pebbfebrooke Center
Stan Chrzanowski, P.E. - Collier County Government (via email)
Diane Flagg - Collier County Government (via email)
Steven T. Williams - Assistant County Attorney (via emai')
Doug Maclaughlin - SFWMD (via email)
Clarence Tears - SFWMD (via email)
John Policarpo - SFWMD (via email)
Rina Dalal - SFWMD (via email)
Hal Herbst - SFWMD (via emai/) .
Ken Kellum - SFWMD (via email)
Bill Foley - SFWMD (via email)
laura layman - SFWMD (via email)
.
.
Packet Page -981-
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