Quail West Unit 3, Phase OneCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO:
FROM:
Sue Filson, Administrative Assistant
John R. Houldsworth, Senior Engineer
DATE: August 28, 1998
RE:
Quail West Unit Three, Phase One
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Quail West Unit Three, Phase One.
This document has been reviewed by Engineering Review and the County Attorney'~ 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.
CC:
Project File
Reading File
QUAIL ~,~,, EST., PHASE I!1, UNIT 1
PI/,EI..,IMINARY WORK AUTitORIZA'FION
Tills .'\GI~,F.[:.MIZNT made and entered into this ?'" day of
by mid between Ibc Board of County Commissioners of ('oilier E~i Florida.
{lcrcinalicr rcfcI'rcd to ;.is "County", :lilt{ Quail \",'cst Ltd., thc "evener."
RI!CITALS:
Vv'tlF..RF. AS. tile ('oulll\, h;.ts 'adol'~tcd ('elliot (_'ounl\' Ordinance No. 93-44 known as thc
I'lmlncd trni! I)c\.clolmlcnt lbr (,)trail \\'cst. hcrcinat'tcr rcf~'rrcd Io
\VI II!RI5/\S. thc ()wrier rcprcsc~ls ami wm'rarlts il is tile record Fcc title ox\'ncr of tl~c
lamls described in Quail \Vest, Pllas¢ Ill. [;nit I. said legal description attached hereto as F. xllibit
",'\: and incorporated Jlcrcin bv reference; and
\\"HERE,,\S, thc South Florida \\":.tier Mallil~CWlClll District has previously issued a
stlrfi, lcc water rnan;.tgcmcnt pernlit tbr Quail \Vest, Phase III (Permit No. l l-O07()g-,S); i111d
\V}If!RL:.,\S, O',viler rcl')rcscnts lllat tile Prcl/mimwv Work ,'\tal'~orization is needed
b'dcatlsc COllStl'tlclioll el'thc illJ'l'ilstrtlCttlrc llccd.fi to occtlr ils sOOll ;.is possible dtte tO CCOllOllliC ;.l~ld
dcvctcq'mlcrll schedule reasons' and
\VI IEREAS, Owner represents and wan'ants that no construction shall occur in
cnviromncntally sensitive areas unless the necessary permits and approvals lbr thc construction
have been obtained bv the Owner: and
Mani~gcl'ncnl Plan arid A¢.lcquatc Ptl a ~ t 'il c prior Io
approval of a 15hal subdivision plat. or final site development plan or building permit, as
appropriate: and
\VI IEREAS. Section 3.2.7.3.() of tile l.and Development Codc establishes ii mechanism
for processing and issuing il Preliminary \Vork ,~\ulhorizalion.
NOW TItEREI.~ORF., in consideration of tile premises, tile mutual undertakings o1' tile
parties, ami othcr good and valuable considcralion, it is agreed by tile parties llcrcto ;.ts lbllo\vs:
I hna..i~apl,.:., ",\'1", 199 I" I~l'111127 I'( )R M.<, ['WA d,.,c
Page I
.";l(("l'l()N I - A('KNOWI.F.D(}M liNT
The Ibro,oin,,= = rccilals are true and con-cc! and arc incoq~orated heroin by rclU,'cnce.
}"tlrthcr. it is jointly acknowledged that thc execution of this Agreement docs not
[)cvclopmcnt Order or any other JillaJ ilpprovaJ by Collier
SE("I'I()N 2 - IMI'I.{()V'I!MI!NTS
()xvncr sl'~'all bu t~crmitlcd Io l~erlbrnl silo prcl~:.mltiou and constrt~ction aclivilics subject t(~
thc comlitions, limitations and rcs~rictitms contained in Sections 3 through 7 bclo~v, as
Ibllows:
l. Clearing and earthwork necessary IZ~r the installation c,l' walcr and sewer lirtcs.
tlrainauc~ pipes ami s,.valcs ami roadbed }~l't2j~',',,FallOll.'
lnslallation of'storm drainage pipes and swales.
3. Inslallalion ol'walcr ami sexvcr li~cs.
Thc I')rcliln/narv work ddailcd in this Ncction shall bc in accordance with phms cnl~tlcd
Qt~a/I Wcsl Phasc III. tJnit I, consisting of ll shoots, prepared by I lolc. Montes aIld Associates.
Inc. dalcd .lulv 1998. I~crcinaftcr rcl~rrod to as "Tho Preliminary Work." Thc tc~al doscriptioH
of Ii~c btmmtarics of thc lh'climinarv Work is shown on thc preliminary plat liar Quail
l'hasc 111. Unit I. consisting o1'3 sheds prepared bY Jlolc. N'lOlIICs illld /XSSOCiilICS. II1C.
I'l'iOr tO anv v,'c, rk bcil'lg tHltlcrlakcn, owner shall submil lo Iht ('ounlv conlpJdc permit
packages and applicable review and inspection fces lbr Iht necessary permits lbr thc
I'rclimiriary Work [thc "Prclimii~arv \\'ork F'crmits"). Those ill'~l, licatiolis arc as f,.,lloxx s:
1. Quail Wes! F'hasc 1[1. LJnit I, constructior~ plans ccmsistiu~g c, f ll sheds t'~rcparcd
I',v Hole. M,.'mtcs and Associates. Inc.
Quail \\'cst Phase Ill. [~nJt 1. Ii,~al plat consistinu
.\Jollies arid /\ssociatcs.
S'[:.('TI()N 3 -F'[v.I(MITS RI~QLIIR[il)
[sst~ancc of thc Prclimii~arv \Vork l)cnnits shall be comlilitmcd ul,olt Iht lbllowin,,'
('ounlv slal)' I'imlil~g that thc application,s lbr F'rclirninary Work l)crmits arc complete and
sittisl~lclorv and arc ready tbr schcdtllil~g lo thc Board of ('ountv Commissioners Ibr final
p J;.lt ilpj'il'OVil
()wrier SUblnilling Io Iht ('otmlv a copy o1' thc early work l)crmil or aclual permit I'ronl
thc SoulJ~ Florida Wafer Managcmcnl I)istrict lbr rill malt¢l'S ir~cludcd in Ibc.jurisdiction
W Im~[ I',*1H27 t.'()R.MS, I'W..\ d,,c [)a,...:c 2
of tile Sot,th Vlorida Water Management District, which conforms v.'ith tile PrcliminaFv
",Vork Release plans sublnitted to tile Cotlvitv.
SF.('TION 4 - A PF'ROV,A.t_.S
County will issue tile PrcliminaFv \Vork Permits to t)ermit tile Preliminary \Vork prior
plat approval once conditions A and I3 in Section 3 above have bec~ sittistqed.
understands and acknowledges that no building pcm~it will be issued for habitable StFUCturcs
within Quail West Phase III, Unit 1, until plat is approved and rccordcd.
S}!('TION 5 - INDF. MNIFICAT1ON
()wrier agrees to iIldcmili£y and hold (_'otmty tlarTnlcss agaiF~st an.v and all liability, loss.
damage or expenses From claims or causes of action, including attorneys fees and couFi costs.
rcs,~tting fi'om, arising out off, or itl connection with Owner's negligence and/of v,'illful
misccmducl in thc construction of thc Pl'clilHinaFy Work under thc Preliminary Work Pcrmils of
'anv challenge by any person or pal'ly objecting to thc legality or validity of thc Agreement.
S}!('TION (i - RI~$TRICTFION$
Tl'~is ..\grecment shall be binding ut,on thc l,attics and is not tFal~st'crablc.
SIS("Ft(-)N 7 - I.IMITATIONS
This Agreement si'mil expire thirty {30) days From thc ¢tatc of thc issuance of thc
Preliminary Work Permits if tho project's tlnal plat is not submitted to thc Board of Cotllltv
Commissioners tbr approval pursuant to Division 3.2 of tho Land Development Code, unless thb
Owner is delayed in havi~g his t]nal plat reviewed by thc Board duc to tho t]mlt of thc County.
All work approved by this Agrccmcnl must cease and not restart if thc final plat is not submilt~d
and at~prox'cd by thc Board ofCounty CTommissioncrs within this authorization period. Nowork
is authorized under this Agreement pr/or to satistb'ing thc conditions A and t3 in Section 3 el'this
Agreement. Any attempt to commence work priorto issuance oF requisite pcm~its shall render
all provisions offthis Agreement null and void.
fly entering into this Agrccmcnt tllc ('ounty docs not guarantee and the Owner
rclv tlDOll thc fact that the project's final plat will bo apt)rex,cd upon SUblnission to thc Board of
Cotmtv Commissioners. Thc Owner is rcquiFc(I tO COmply with all of thc provisions and
pFOCCdUFOS of thc Land Dcvclol)mCnt Code bcfbr'c thc final plat can bo submitted to thc Board
consideration.
'0," 1'~91 I')91027,F()P, MS'.p\V..\.d~c Page 3
IN V'/I'I'NESS WHEREOF, the parties have executed this Agreement the day first above
written.
V'/itncss:
(Name. lype or print)
(Name - t.'. pc or print)
Quail West Ltd.,
a Florida Limited Partnership
By: 75 North Joint Mcnture, a Florida
General Partnership, as its Authorized
Agent/Attorney-in-Fact
By' SL}t OF N/\PLES, INC., a Florida
Corporation, as its G/gncral Partner
sandra E. l lcssc, its Prcsidcnt
(CORPORATE SEAL)
The foregoing instrument ',vas acknowledged before rnc this ' ' ~' (lay of
.", .. : , by Sandra L. Hesse, President oFSLH OF NAPLES, INC., a Florida Coq'~oration, as the
General Partner of' 75 NORTH JOINT V[:~NTURE, a Florida General l"artrmrsl'~ip, as thc
Attthorizcd Agent/Attorney-in-Fact of Quail \\rest Ltd., a Florida Limited t~artncrsbip, authori×cd
to do business in thc state of Florida. She is personally known to nae and did not take an oath.
Notary Public
My Commission Expires: Commission Number
Printed Name of Notary Public
W 'd qgl'~,l 9q1027",F()I>,M.'.;'.PWA dc, c Page
.,\ T'I' [! ST:
Dv,'i~ht [{. Brock, Clcrk
Board of Cotll][y ('ommissioncrs
of Co{lie,' County, Florida
,,\l'~provcd as to l'orm and lcgal
st: l'fi c i cnc y:
1
t-tcidi F..,\shton
.,\ssistzmt ('out~ty .,\ltornc.V
(5)
<&~o
c~0
Z
0
0
U
Via Telefax - 774-0225
TO:
FROM:
DATE:
HEIDI ASHTON - COUNTY ATTORNEY
LINDAJ. CHAPM .f~._.,~_~,,
Augusl 5, 1998
SUBJECT: QUAiL WEST - OWNERSHIP ETC.
Per our phone conversation, enclosed please find a recorded copy of
the u l~q__~J Written Directions of ~, whereby SDK of
Naples, Inc., the sole General Partner of Quail West, Ltd., authorizes
both Robert S. Hardy and Sandra L. Hesse to execute all documents
on behal! of the partnership, fn their respective capacities as officers
of the corporations being General Partners of 75 North Joint Venture
which is a limited partner of Quail West, Ltd.
I trust this document will clarify any questions in this regard.
Thank you for your assistance in this matter.
',LJc
enc~
cc2
Terry Cole, P.E.
Adrninistr;,lion
6289 Burnham Road Naples, FI. 34~ 19 Phone: 9411597.6311 Fax: 941/592.1009
08/05/.98 15:41 FAX 941 5.~J2 1009 (IUAII. ~I.]S'F , IIO1,I{ .~f)N'FI{S [~002
2170242 OR: 2304 PG: 1286
HCORDBD in OFFICIAl, ltlCO~S of COl, LIaR C00)fl'~,
oi/15/97 at. 09:0raft DWIG~?
4501 ?A~IAXI
NAPLBS FL 34103 3060
SUPPLEMENTAL WRITTEN DIRECTIONS OF PA~RTNERSHIP
The undersigned, SDK OF NAPLES, INC., a Florida corporation
("SDK"), as the sole General Partner of QUAIL WEST, LTD., a Florida
limited p~rtnership, does hereby covenant and agree as follows:
1. That SDK is the sole General Partner of QUAIL WEST, LTD.
2 o
That the individual signing below has the power and authority
to execute this document on behalf of SDK.
That SDK wishes to confirm directions and instructions
previously given to RSH of Naples, Inc., and to give
instructions and directions to SLH of Naples, Inc., on behalf
of QUAIL WEST, LTD.
That SDK does hereby instruct, direct, and where applicable,
ratify and confirm the following on behalf of QUAIL WEST,
LTD.:
a)
That ROBERT S. HARDY, as President, or Sandra L. Hesse,
as Vice President, of RSH OF NAPLES, INC., a Florida
corporation; or SANDRA HESSE, as President, or ROBERT S.
HARDY, as Vice President of SLH OF NAPLES, INC., a
Florida corporation, both of said corporations being
General Partners of 75 NORTH JOINT VENTURE, a Florida
general partnership, a Limited Partner of QUAIL WEST,
LTD., shall have the power and authority to execute all
reservation agreements, escrow agreements, contracts for
sale, closing statements, warranty deeds, affidavits,
easements, lot line adjustment affidavits, releases, and
such other documents as may be necessary to effectuate
and accomplish the sale of individual lots within the
project known as Quail West, now owned and being
developed by QUAIL WEST, LTD.
b)
It is further acknowledged and agreed that both ROBERT S.
HA2RDY and SANDFLA HESSE, in their respective capacities,
shall each alone have the power and authority to execute
any and all golf membership contracts, applications,
reservations agreements, escrow agreements, closing
statements, membership certificates, and any and all
QBNAPI\ 114364 · 1
· I1()1.1'.' >I()N'FI.LS [,~00;~,
OR: 2304 PG: 1287
other documentation that may be necessary to accomplish
the closing of individual golf memberships offered by
QUAIL WEST, LTD., and any corporation or entity formed by
it for the purposes of developing, managing and operating
any golf course located within the Quail West
development.
c)
That RS]{ OF NAPLES, INC., and SLH OF NAPLES, INC. are
hereby directed to execute any and all of such documents
as described and as provided for in Paragraphs 4(a) and
(b) herein and which they reasonably believe to be
economically prudent.
In addition to the foregoing, each of ROBERT S. HARDY and
SA~DRA HESSE shall alone, in their capacities described above,
have the power and authority to execute much easement
agreements, affidavits, utility agreements and other documents
requested by any governmental agency incident to the operation
and/~r development of any properties within the Quail West
subdivision.
6 o
The foregoing power and authority is granted to the donees
above as authorized agents of QUAIL WEST, LTD. The granting
of said power and authority shall in no way be deemed to
jeopardize the status of 75 North Joint Venture as a Limited
Partner of QUAIL WEST, LTD.; nor shall 75 North Joint Venture
be deemed to be a genera] partner of QUAIL WEST, LTD., as the
result of the exercise of any powers granted to it or its
partners herein.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals this _~_~Aday of [?~!~ , 1997.
Signed, sealed and delivered
in the presence of:
QUAII~ WEST, LTD., a Florida
limited partnership,
Print Na~ne/A~ress Below:
A J z'4~ ~._~.~ , l---z_ ~ ,,z / / ? --
(Corporate Seal)
SDK OF NAPLES, INC., a Florida
co_petit_on, as Sole General
Partner
Marshall Lees, as President
33 W. Monroe, Suite 2000
Chicago, IL 60603
Witnes~ # 2 -(~
Print Na3ne/Address Below:
QBNA?l\l14364.1 2
15:42 FA,~ f)41 592 100f) (}U.~,lh
, I1(}1.I'.' ~(}NTI'.'.5 [~00,~
*** OR: 2304 PG: 1288
STATE OF
COUNTY OF
The foregoing instrument was sworn to and acknowledged before
me this ~ day of /~7~/z_ , 1997, by biA/RSPLALL LEES, as
President of SDK OF N~LPLES, INC., a Florida corporation, as sole
Gener.~%.~tner of QUAIL WEST, LTD., a Florida limited partnership,
who ~s personally known to me. or who has produced
as identification.
My Commission Expires:
..~ : E,mtd~, M,,~ 3,0. 2C~)1
'~90T~RY PUBLI~ -/ (SEAL)
(Print name ~below)
Notary Public
Serial # (if any)
QBNA.Pl \ 114364 · 1 3