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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