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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 cur\10S20.~ 4/10/93/1'35" 800K I)(]()F~~~ l}~