Resolution 1993-187
MAY', 1993
I
MEMORANDUM OF AGREEMENT BETWEEN WCN AND COLLIER COUNTY
INDUCING COLLIER COUNTY TO SUPPORT THE CREATION OF
A COMMUNITY DEVELOPMENT DISTRICT
70/~_ THIS AGREEMENT is made and entered into this ~ day of
~, 1993, by and between the WESTINGHOUSE COMMUNITIES OF NAPLES,
INC. , a Florida Corporation (WCN), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing body of
Collier County (County).
R E C I TAL S:
WHER~S, WCN has petitioned the Governor and Cabinet sitting
as the Florida Land and Water Adjudicatory Commission to establish
a community development district in the unincorporated urban area
of Collier County on a portion of the lands generally referred to
as "Pelican Marsh"; and
WHEREAS, at the optional local county hearing, held on
April 27, 1993 by the Board of County Commissioners, to consider
the creation of the subject community development district, the
Board of County Commissioners resolved to support WCN's petition
for the establishment of a community development district
(Petition), provided the foregoing Memorandum of Agreement, which
satisfies certain concerns of the County with respect to the water,
wastewater and irrigation facilities and services within Pelican
Marsh, is executed by WCN.
WIT N E SSE T H:
NOW THEREFORE, in consideration of the covenants hereinafter
contained the parties agree as follows:
1. The above recitals are true and correct and are
incorporated herein.
2. WCN, as the primary landowner and developer of Pelican
Marsh, agrees to use its best efforts to cause the Board of
Supervisors of the Pelican Marsh Community Development District, as
its first substantive act, to enter into an interlocal agreement
with Collier County and the Collier County Water-Sewer District, in
the form attached to this Agreement as Exhibit "A".
3. WCN agrees that it will conspicuously include the Notice
set forth in Paragraph 5(f) of the Interlocal Agreement (Exhibit
"A") in the general restrictive covenants which run with the land
1
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4/10/93/1'35"
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