Twin Eagles Phase OneCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO:
Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer
July 23, 1998
DATE:
RE:
Twin Eagles
Preliminary Work Authorization
Attached please find a Preliminary IA/ork Authorization for Twin Eagles. This document has been
reviewed by Engineering Review and the County Attorney's Office. Collier County Resolution No.
93-1~i7 provides for the administrative approval of preliminary work authorizations. Please have
the Chairman sign the document and forward to the Clerk's off/ce.
Should you have any questions, please advise.
jrh
CC;
Project File
Reading File
'l'wi nl'~_l'has¢ One
PRI'~I,IMINARY WORK AUTtlORIZATION
Tills AGRI/I!MI:NTmade and entered inlothis '~5." day of , .,
1998. bv arm between the Board of ("ounlv Commissioners (fi'Collier ('ountv. l"lorida'
hcrcinal~cr referred to as thc "County". and Twin[~aglcs l)cvclol)m~m ~omr)hnv, LTD
hereinafter refbrre(l m as the "Owner~'. ....
R t-X~ I T,,\ I.S:
WH[r. REAS. the County has adopted (;oilier County ¢)rdinancc Nc). 91-I02
kno~vn as the Collier County l,~nd l)cvelopment Code Or(linJmce. which sets l'orth the
Agricultural Zone anct development standards attendant Io. I)v which 'l'winl~aglcs~
Phase One is bcin,d permitted: AND
',,VIIILRliAS. (')wncr represents and x~arr;tms il is Iht record Fcc title m,.'ncr of
thc lands dc~ribcd in lixhibit "A"..~fid lc.gal description attached herch) as Exhibit "A"
and incorporated herein bv reference: and
WIIF, REAS. tl'~c South Florida ~Stler Management District has issued a surface
water management permit for 'l'winEa_gles. SI:WMI) ERP Permil No. /I-01567-I": and
WHER[L/\S. Ov,,'ncr represents thai the Prelirnir~arv Work Authoriza[ion is
needed hccau~ l)cvclopcr wishes to start construction of infrastructure for Phase One
development: and ' ' '
WI tER[!AS, Owner rcprcsenls and u, arrams thai no conslruction shall (~CLIF
environmentally sensitive areas unless thc necessary permits and approvals for the
conslrticlion have been obminc(I bv thc Owner: and
WttEREAS. ()wner acknowledges ti'mt all requirements of Collier Coumv's
(]rowth Management l)lan and A(Icqu;ttc I>ublic l"acilities Ordinance. No. 93-82. will'be
met prior toapproval of a final subdivision plat. or final site development planor
huilding permit, as appropriate: and
WItEREAS. Section 3.2.7.3.6 el' thc l,and l)eveloprncnt Code establishes a
mechanism for prcx:cssing and issuing a Preliminary Work Authorization.
NOW TII[LR[~I:()RI.:. in consideration of thc premises, thc mutual undertakings
of the parties, an(I other good and valuable consideration, it is agreed by the parties
hereto as follows:
I oi'4
~IiC'I'ION I - ACKN()WI,Iil)GliMIiNT
The foregoing recitals arc [fLit and correct and arc incorporalcd herein by
reference. [':urthcr. it is jointly acknov,'lcdgcd that thc cxcculion of Ibis Agrccmc~il
docs not constilulc a l)cvc'lopnl~nl Order or any olhcr final approval t)~ Collier ('ount','.
,5[i("l'lON 2 - 1MF'ROVliMIiNTS
A. ()~vner shall tlc permilled Io perform site preparalion and conslruclion activilies
subject to tile conditions, limilations and restrictions comaine(] in Sections 3 through 7
below, as follovvs:
_ Construction of water, sewer, roadways, drainaue street lighti!]~z and
landscaping. - ...... -
The preliminar,,, work derailed in [his Seclion shall be in accordance wi~h plans
chit[lcd Tw n[~aglcs'Ph4~ One consistin~ of 42 sheets, prepared I)y MeAnly
[~n~inecring and Design. Inc.. dated [:ebruarv 1998. hercinaflcr referred [o as lhe "Th~
Preliminary Work". The legal description of'lhe boundaries of thc Preliminary Work is
shown on'thc preliminary plat for TwinEaalcs, Pha~c One consisting of'8 sheets
prepared by William C. M~Anly, P.s.M.. of ~cAnly Engineering and l)csign, Inc.
B. Prior to any work being undertaken. Owner shall submit to the County complete
permit packages and applicable review and inspection l~es for thc necessary ~)ermi~s for
thc Preliminary Work (the "Preliminary Work Permits"). These applications are as
fei tows:
J, Construclion plans for Roa.(Jvvay$ and I)rainage and preliminary plats for
Twin[~agles. Pha.~
~tiCTION 3- PERMITS REO[IIREI)
Issuance of Iht Prcliminarv Work Pcrmils shall I)c condilioncd upon thc
following:
a. County staff findin8 thai the appticatiol]s for Preliminary '~Vork Permits arc
complete and satisfactory and arc rcadv for scheduling to th~ Board of County
Commissioners for final plat approval.
b. O,.vner submitting to the County a co[).',,, of tile early work permit or actual
permit from the South Florida Water M~tnagement District l'~r all ma~ters included in
tl~c jurisdiction of the South Florida Water Management District. ~vhich conforms ~vith
thc Preliminary Work Release plans submitted to the County.
c. Owner posting the necessary lake excavation securities in a lorn'mt approved by
thc County prior lo actual lake excavation in anticipation of the issuance of thc rcquisitb
lake excavation permit.
2 of 4
I. SFWMI) ERI~ Pcrmil No. I 1-01567-P.
,_SECTION 4 - APPt~,OVA[,S
County ,,viii issue d~e Preliminary Work Permits lo permit I1~¢ Preliminary Work
prior to plat approval once conditions a,'b and c in Section 3 above have been sa'tisfied.
Owner understands and acknowledges that no I'milding permit will be issued for
I'~abitable structures within the Tw nEaglcs Phas. e One until the TwinEagles, F'hase One
plat is approved arm recorded.
SI(CI'ION 5 - INDI-'iMNII:ICA'FION
()wrier agrees to indemnify and hold Coulltv harmless against any and all
liability, loss, damage or expends Prom claims or cauls of action including'attorneys
fees and court costs, resulting from. arising out off, and in connection with Owner~'s
negligence and/or willfi~l misconduct in the construction of the Preliminary Work under
the I'reliminarv Work t'ermits or any challenge by any person or par~v o~jccting to thc
legality or validity of this Agrcemcni.
S[!(;TION 6- RES'IRICTION
This Agreement shall be binding upon the parties and is not transferable.
SECFION 7- LIMITATION
This Agreement si'mil expire thirty (3()) days from Ibc dale of thc issuance of thc
I'reliminary Work Permits if the pro.jec't's final ~lat is not submitted m the Board of
County Commissioners for approval pursuant Io Division 3.2 of the Land Development
Code. unlcss thc Owner is delaved in having his final plat reviewed by the Board due to
thc fault of the County. All work approved bv this Agreement m'usl cease and not
restart if the final plat is not submitted anrfapproved hv the Board of County
Commissioners within this authorization period. No work is authorized under thins
Agreement prior to mtisfying the conditions i~ b and c 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 d'~is Agreement the Cour~tv d(~s not guarantee arm the Owner
can not rely upon the fact that the prqiect's final plht will be approved upon submission
to thc Board of Coulllv Commissioners. Thc Owner is required [o comply with all of
the provisions and pr(~edures of the I.and l)cvelopment Code before the final plat can
be sul)mi~ted [o the Board for consideration.
3 of 4
IN WITNESS WII[:.REO[:. ll'~c panics have executed this Agreement thc day
l'ir~t above wrillcn.
OWNER
TwinEagles Development Company. Ltd..
A Florida Limited Partnership
Witness
B'," 'l'~vinEagles Management. l.td..
A Florida Limited Pannership, Its General Partner
Printed Name
Wilness
[51,,': Tv,,inEagles Development. Inc..
Its General Partner
[:'rintcd Name
A'I-I'I!ST:
l)~vigh[ [!. Brock. ('lcrk
Approved as to form and legal
sufficiency:
I]O/\RI) Of: COUNTY C()MIMISSIONERS
()f': CO[_,I,IER COIlNTY. f:I,OR IDA
Barbara Berry. Chairperson
tleidi Ashton
Assistant County Attorney
STATE OF FI.ORIDA
C()IJNTY OF COI.I.IER
The foregoirlg instrurncnt was acknowledged before methis ' day
of 1998 by Kenneth O'l,carv. Vice President of T,.vir~Eagle's
Development. Inc.. General'Partner of TwinEagl6s Management. Ltd.. General Partner
of TwinEagles Development Compan,/. l.td.. A Florida Corporation. I lc is personally
known to me or has produced ' as identification and who
did/did not take an ()alii.
Notary Pub'iic
Commission Number
My Commission Expires
4 of 4
TwinEagles, Phase I
Legal Description
Southwest I/4, and Southeast I/4, and Northeast I/4 of Section 20, Township 48 South,
P,,ange 27 East less and except the South 100.00 feet, and containing 461 16 acres more or
less. '
Prepared I?,y:
Florida Registration No. 1543
McAnly Engineering & Design, Inc.
5105 Tamiami Trail East, Suite 202
Naples, Florida 34113
TwinEaglcs Development Company, Ltd.
A Florida Limited Partnership '
4099 Tamiami Trail North, Suite 305
Naples, Florida 34103
June 26, 1998
John Houldsworth
Senior Engineer
Engineering Review
2800 North Itor.~shtx: I)rivc
Naples, Florida 34104
RI';' TwinEagles, Phase ()ne
Dear Mr. I Iouldsworlh;
It is rnv imenl as Kennefl~ O'Learv, Vice F'residcm of tile Tw/nEagles Developmenl Companv.
A Florlda Limited Partnership, tile Developer of thc project referenced above, to record tl~e final
subdivision plat after [o Construction of Int'ras~ructure.
The TwinlZagles Development Company, l,[d. will be responsible for the operation and maintenance
improvements including sewer utilities roads and drainage /nfraslruclure for Ibc pro. jeer referenced
above. ·
Sincerely,
DEVELOPf:.R
TwinEagles Development Conlpa/ly.
A Florida l~imited Partnership
By: T'.vin[:.agles Managemem. l.td..
A Limited Partnership. Its General Partner
By: Twin[iagles Development. Inc..
Its General Partner-
TWINEAGLES DEVELOI'MENT, INC.
ACTION BY VCRITTEN CONSENT
OF TIlE BOAI~I) OF I)IRECTORS AND SIIARI'~IIOIA)ERS
IN LIEII O1: 51EETING
Effective .June 1, 1998
Thc undersigned, being tile sole I)irector and tile sole Shareholder, ofTWINI'~AGLES
I)I:.VI'~I.OPMt-:NT, INC., in accordance with Sections 607.0821 and 607.0704 of thc Florida
Business Corporation ,Act relating to action taken without a meeting, hereby consent to tile
following actions by thc Board o£Directors and Shareholders of the Corporation:
IUSS()[.\'ISD. the following person is elected to serve as a member el'the l~,o;~rd oF
Directors until the ne×t animal meeting and until his successor is elected
JamcsI( Colosimo
· and bc it l'urthcr
t~ESOI~V'ED, tile following persons are elected to serve in thc l'olloxvin,2 offices tbr thc
Corporation until the next annu:fl meeting and until their successors arc elected:
I'I~.L:.S 1l)1-~ NT:
EXI~CU'I'IVE V'ICE
\"ICl:. PRESII)I~NT/TI~EAS UR[~R:
VICE PtLI~SII)IZNT:
VICE PRESIDENT:
VICE PIU~SII)EN'I':
VICE I)RESIDENT:
VI(;I~ PRI~SIDENT:
JamesR Co[osimo
John I3. Story
John J. O'Donncll
Jim t tiironen
Kenneth O'i_cary
Susan Beckman
Lori Pheasant
Karcn Colosimo
· and be it l'urlher
RI=-SOLVED, all lawful acts on behalf oF tile Cort)oration taken bv thc ()lliccrs anti
Directors to date arc hereby ratified and c~mfirmcd; and be it further
RtSSOLVI'2D, this action by xvrittcn consent et'the t3oard of l)ircctors and Shareholders of
tile Corporation shall be in lieu of the a,'mu~l meeting et'thc Board ofl)ircctors and
Shareholders of thc Corporatior~
Execution of this Consent by tile undersigned, being all of tim members of tile Board of
[)ircctors and all of the shareholders, pursuant to Sections 607.0821 and 607.0704 of'the Florida
Business Corporation Act, xvaives any requirement ora formal meetinv to conduct the business
referred to herein.
Dated as ortho ____ day of June, 1998.
James R. Colosimo, as Sole Director and
Sole Shareholder