Northbrooke Professional
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer J~
DATE: May 25,2005,2005
RE: Northbrooke Professional Village
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Northbrooke
Professional Village. 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
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this 2. S 1.# day of 1«A.y , 20 óç , by
and between the Board of County Commissioners of Collier County, Florida hereinafter referred
to as "County", and Northbrooke Professional Village. LLC, hereinafter referred to as "Owner"
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 98-59 known as the
Northbrooke Plaza PUD Ordinance, hereinafter referred to as the Northbrooke Plaza PUD; and
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described
in Davidson Engineering Plan set # 04-0033, said legal description attached hereto as Exhibit
"A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has recently reviewed the application
for a surface water management permit for Professional Village @ Northbrooke SFWMD Permit
No. ll-Ol543-P; and is approved said application, dated Aprill2, 2005; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed due to
excessive environmental review periods during the PPL process which has significantly affected
the budget and construction schedule; and
WHEREAS, Owner represents and warrants 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
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WHEREAS, Section 3.2.7.3.6-4">fthe Land Development Code establishes a mechanism for
Processing and issuing a Preliminary Work Authorization.
NOW THEREFORE, in consideration of these recitals, the mutual undertakings ofthe parties,
and other good and valuable consideration, it is agreed by the parties hereto as follows:
SECTION 1 - 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.
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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 clear the site. We are also proposing to start the utility, storm water,
drainage, roadway construction, lighting, landscaping and parking infrastructure. We
wish to start this construction at the 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
Professional Village @ Northbrooke consisting of 15 sheets, prepared by Davidson
Engineering Plan set #04-0033, dated September 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 Professional Village @ Northbrooke consisting of2
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. Professional Village @ Northbrooke, PPL-6662, prepared by Davidson
Engineering, Inc., file number 04-0033, plat prepared by Rhodes and Rhodes,
currently under third review;
2. Professional Village @ Northbrooke, Florida Department of Environmental
Protection Water and Wastewater Construction Applications, currently under
review by Collier County.
3. Professional Village @ Northbrooke, South Florida Water Management District
ERP Modification, application number 041026-6, permit number 11-01543-P,
approved.
SECTION 3 - PERMITS REQUIRED
Issuance ofthe 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 the County a copy ofthe 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.
1. Professional Village @ Northbrooke, Florida Department of Environmental
Protection Water and Wastewater Construction Applications, currently under
review by Collier County.
- 2 -
2. Professional Village @ Northbrooke, South Florida Water Management District
ERP Modification, application number 041026-6, permit number 11-01543-P,
approved.
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.
Owner understands and acknowledges that no building permit for habitable structures
within the Professional Village @ Northbrooke until the Professional Village @
Northbrooke 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 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 ~.húpftr I 0 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 "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 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
wri tten.
WITNESSES:
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PRINTED NAME
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PRINTED NAME
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF COLLIER
OWNER:
Northbrooke Professional Village, LLC
- ~ ~------
Stephen V. Robison, Manager
THE FOREGOING PRELIMINARY WORK AUTHORIZA TION WAS ACKNOWLEDGED
BEFORE ME THIS ' "1 t..t" DAY OF r' '. - Jr1"¥.I ' 2005, BY Stephen V.
Robison, Manager, Northbrooke Professional Village, LLC., HO IS PERSONALLY KNOWN
TO ME, OR H.^..S PROCT TCED . _'"..,~ AS
IDEN'fIFICAIIUN.
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NOTARY PUBLIC-STATE OF FL IDA
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/~....y f~. KAREN B. ANKNEY
~: J1 MY COMMISSION # DD 254795
.;g.,. EXPIRES: December 20 2007
. , " Bonood Thru Notary Public Und~rwrtt.rs
PRINTED NAME
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ASSISTANT COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
OF COLL}ER COUNTY, FLOR DA
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EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Tract "B", of "Northbrooke Plaza", according to the plat thereof, as recorded
in Plat Book 31, at Pages 65 and 66 of the Public Records of Collier County, Florida,
being more particularly described as follows:
BEGIN at the Southeast Comer of said Tract "B"; thence North 89°53'29" West, along
the Southerly Line of said Tract "B", a distance of 780.98 feet; thence North 11 °45'57"
West, a distance of 29.23 feet to a point on a non-tangential curve; thence Northerly,
2.15 feet along the arc of a circular curve, concave Easterly, having a radius of 25.00
feet, through a central angle of 04°55'31" and being subtended by a chord which bears
North 09°05'24" West, 2.15 feet to the end of said curve; thence South 58°02'41" East, a
distance of 8.62 feet; thence North 31 °57'19" East, a distance of 24.99 feet; thence
North 58°02'41" West, a distance of 11.16 feet to a point on a non-tangential curve;
thence Northerly, 9.47 feet along the arc of a circular curve, concave Westerly, having a
radius of 73.37 feet, through a central angle of Or23'30" and being subtended by a
chord which bears North 14°47'16" East, 9.46 feet to the end of said curve to a point on
a non-tangential curve; thence Northeasterly, 8.17 feet along the arc of a circular curve,
concave Southeasterly, having a radius of 8.33 feet, through a central angle of 56°11'11"
and being subtended by a chord which bears North 40°19'33" East, 7.85 feet to the end
of said curve to a point on a non-tangential curve; thence Northeasterly, 62.59 feet along
the arc of a circular curve, concave Northwesterly, having a radius of 71.70 feet, through
a central angle of 50°00'49" and being subtended by a chord which bears North
43°25'18" East, 60.62 feet to the end of said curve; thence North 79°24'46" East, a
distance of 35.80 feet; thence North 10°25'04" West, a distance of 17.50 feet; thence
North 79°34'56" East, a distance of 208.69 feet to a point on a non-tangential curve;
thence Southeasterly, 19.69 feet along the arc of a circular curve, concave
Southwesterly, having a radius of 12.25 feet, through a central angle of 92°04'51" and
being subtended by a chord which bears South 56°44'10" East, 17.64 feet to the end of
said curve to a point on a non-tangential curve; thence Southeasterly, 77.00 feet along
the arc of a circular curve, concave Northeasterly, having a radius of 62.50 feet, through
a central angle of 70°35'20" and being subtended by a chord which bears South
54°40'22" East, 72.22 feet to the end of said curve; thence South 89°58'02" East, a
distance of 52.80 feet; thence South 00°01'58" West, a distance of 16.00 feet; thence
South 89°58'02" East, a distance of 224.00 feet; thence North 00°01'58" East, a distance
of 16.00 feet; thence South 89°58'02" East, a distance of 52.48 feet to a point of
curvature; thence Northeasterly, 78.22 feet along the arc of a circular curve, concave
Northwesterly, having a radius of 59.50 feet, through a central angle of 75°19'34" and
being subtended by a chord which bears North 52°22'11" East, 72.71 feet to the end of
said curve; thence North 89°49'46" East, a distance of 28.73 feet; thence South
00°10'15" East, along the Easterly Line of said Tract "B", a distance of 168.31 feet to the
POINT OF BEGINNING.
Containing 99,871 square feet or 2.29 acres, more or less.