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1997-25A Annexation Agreement 1,538 Acres r .. sa. 3rn::ld 0617V08V 08/05/97 08:41 FAX 9543415181 t~:60 l..6, S0 d3S (;lT~ U~. I'AKJ\J..ANV ~..~ AN1J1<J:." JlAUJ<UIJ1:) IgJUL RESOLUTION NO. 91-25A A :RESOLUTION OF THE CITY CO.MMISSION OF TBl!: CITY OF P.AlUCLAND, FLORIDA, APPROVING AN ADDENDUM TO TBE AGREEMENT BETWEEN THE CITY OF PAR:KLAND, weI COMMUNITIES LIMITED PARTNERSHIP AND THE NORTH SPRINGS IMPROVEMENT DISTRICT WHICH AGREEMENT WAS EFFECTIVE ON SEPTEMBER 3, '1997 BY CREATING AN ADDENDUM BETWEEN THE CITY OF PAR.I<LAND AND WCI COMMUNITIES LIMITED PARTNERSBIP TO PROVIDE FOR , CERTAIN CLARIFICATION AND MODIFICATION TO SAID AGREEMENT EXECUTED ON SEPTEMBER 3, 1997. WHEREAS, the City Commission of the City of Parkland approved on September 3, 1997 an agreement between WCJ Communities Limited Partnership and the North Springs Improvement District and the City of Parkland relating to the reannexation of approximately 1,538 acres of unincorporated property into the City ofParklaud; and WHEREAS, said agreement also provided for the realignment of Holmberg Road to assure that the realignment set forth therein would be achieved; and WHEREAS, the parties wish to provide for certain clariScation agreed to by WCI Communities Limited Partnership and the City of Parldand at the City Commission meeting of September 3, 1997, al ~ I': NOW. THEREFORE, BE IT RESOLVED BY THE CITY COM:MJSSION OF THE CITY OF P ARKLA.ND. FLORIDA: -.; c Section 1. The City of Parlcland City Commission does hereby approve: an addendum to the agreement eKecu.ted by WCI Communities Limited Partnership, and North Springs Improvement District, and the City of Parkland on September 3~ 1997 as follows; N -c a: C '" '"' '" (a) Section 4(A) of said agreement shall hereby be clarified to apply to cooperation with lOaD applicable governmental entities." (b) WeI Communities Limited Partnership does hereby commit to take all necessary action to modify its existing agreement between itself and the 8roward County School Board to correlate that agreement to the tenus and commitments contaifted in the September 3, 1997 agreement. f\nn ' r nL&.&.nll&.,""' ,. t "^"^'''~I II ""IA1IU A ^ . ,." J. ,. .\ " #to" . .,.A , . 90'38t1d 06v~ 08/05/91 08:47 FAX 9543(15181 ~:60 ~6. S0 d35 CITY OF PARKLAND ~~~ ANON~W MAUNUV!S I~UZ RESOumON NO. 97-2SA PAGB 2 (c) weI Coauuunities Limited Partnership hereby agrees that any breach by WCI Communities Limited Partnership of the September 3, 1997 agreement shall cause irreparable harm to the City of Parkland and may be enforceable in a court of law by injW1ctivc relict: (d) WCI Communities Limited Partnership and the City of Par1cland shall work ~operatively with all applicable governmentaJ agencies and entities in order to ensure the completion of the roadway network within the City of Parkland within a reasonable time. SectiOD 2. The covenants set fORh above shall be contained in a letter of agreement executed by Lany Streib. Senior Vice President of WCI Conununities Limited Partnership, and by SaI Pagliara., Mayor of the City of Parkland, It shall be constrUed by the parties as an addendum to the September 3, 1997 agreement and shall be binding on WCt CommUDities Limited Partnership, its successors and assigns and all future owners of property presently owned by WCI Communities Limited Partnership and subject to the September 3, 1997 agreement and the City ofParldand. Section 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS 3RD DAY OF SEPTEMBER" 1997_ CITY OF PARI<J.AND, FLORJ))A ArrEST: - <;._~Q~ SUSAN ARMSTRONG, C c. CITY CLERK .- ~ .. . -. ;, . '..; , . .. oJ' .. ,4':' I' .....:.........:1.... I- . ", .. ." .' -- .. " o.r; ...! , ..t, " " . " . l..~ : ' ~ r ,'., ., , " .. # ~w: ,0. ...... .: ~"....../J ". n.".>. ._:-" -"" "'!'o a-.... ,..., ..,..........,..... ^^^ . I ,.'''^''^Ut..1 U"'''''"lt L^.'^ ,.",\" ^^ '1"" ^'LL^^L."", cD ~. N ..... o - N -0 (i') C) \D \0. .f:' 3300 University Drive Coral Springs, Florida 33065 (954) 752-1100 weI COMMUNITIES .' September 5, 1997 The Honorable sat Pagliara Mayor City of Parkland 6500 Parkside Drive Parkland, FL 33067 ~ . Dear Mayor Pagliara: I understand that the City Commission, at its September 3, 1997 meeting, requested certain matters of clarification to the Agreement between WCI Communities Limited Partnership, the North Springs Improvement District and the City of Parkland related to annexation and the westward extension of Holmberg Road. . We agree with the points of clarification as set forth in Resolution 97-25A and I have executed the attached Addendum to Agreement on behalf of WCI Communities Limited Partnership. We look forward to working together with you, the City Commission, and the City staff for Parkland to be recognized as the most desirable address in South Florida. , W, Streib (nior Vice President cD. ""' N -a o N -0 (i') o \D \Q CJ1 LWS:pc REcORDED IN THE OFFCIAI. RECORDS BOOK OF 8ROWARO COUNTY, FLORIDA ~ , COUNTY ADUIHlSTRA TOR RESOLUTION NO. 97-25A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, APPROVING AN ADDENDUM TO THE AGREEMENT BETWEEN THE CITY OF PARKLAND, WCI COMMUNITIES LIMITED PARTNERSHIP AND THE NORTH SPRINGS IMPROVEMENT DISTRICT WmCH AGREEMENT WAS EFFECTIVE ON SEPTEMBER 3, '1997 BY CREATING AN ADDENDUM BETWEEN THE CITY OF PARKLAND AND WCI COMMUNITIES LIMITED PARTNERSHIP TO PROVIDE FOR . CERTAIN CLARIFICATION AND MODIFICATION TO SAID AGREEMENT EXECUTED ON SEPTEMBER 3, 1997. WHEREAS, the City Commission of the City of Parkland approved on September 3, 1997 an agreement between WCI Communities Limited Partnership and the North Springs Improvement District and the City of Parkland relating to the reannexation of approximately 1,538 acres of unincorporated property into the City of Parkland; and WHEREAS, said agreement also provided for the realignment of Holmberg Road to assure that the realignment set forth therein would be achieved; and WHEREAS, the parties wish to provide for certain clarification agreed to by WCI Communities Limited Partnership and the City of Parkland at the City Commission meeting of September 3, 1997, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. The City of Parkland City Commission does hereby approve an addendum to the agreement executed by WCI Communities Limited Partnership, and North Springs Improvement District, and the City of Parkland on September 3, 1997 as follows; (a) Section 4(A) of said agreement shall hereby be clarified to apply to cooperation with "all applicable governmental entities." (b) WCI Communities Limited Partnership does hereby commit to take all necessary action to modify its existing agreement between itself and the Broward County School Board to correlate that agreement to the terms and commitments contained in the September 3, 1997 agreement. RESOLUTION NO. 97-2SA PAGE 2 ( c) WCI Communities Limited Partnership hereby agrees that any breach by WCI Communities Limited Partnership of the September 3, 1997 agreement shall cause irreparable harm to the City of Parkland and may be enforceable in a court of law by injunctive relief (d) WCI Communities Limited Partnership and the City of Parkland shall work cooperatively with all applicable governmental agencies and entities in order to ensure the completion of the roadway network within the City of Parkland within a reasonable time. Section 2. The covenants set forth above shall be contained in a letter of agreement executed by Larry Streib, Senior Vice President of WCI Communities Limited Partnership, and by Sal Pagliara, Mayor of the City of Parkland. It shall be construed by the parties as an addendum to the September 3, 1997 agreement and shall be binding on WCI Communities Limited Partnership, its successors and assigns and all future owners of property presently owned by WCI Communities Limited Partnership and subject to the September 3, 1997 agreement and the City of Parkland. Section 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS 3RD DAY OF SEPTEMBER , 1997. CITY OF PARKLAND, FLORIDA ATTEST: ~oQ.~ o".~ SUSAN ARMSTRONG, C~ C. CITY CLERK 3300 University Drive Coral Springs, Florida 33065 (954) 752.1100 WCI COMMUNITIES September 3, 1997 Andrew M, Maurodis, Esq, City Attorney City of Parkland 6500 Parkside Drive Parkland, FL 33067 Dear Mr, Maurodis: At your request, I am rendering my legal opinion that Larry W, Streib, as Senior Vice President of WCI Communities Limited Partnership (WCI), a Delaware limited partnership, and as General Manager of the WCI East Coast Division, is authorized to execute the Agreement between WCI, the City of Parkland and the North Springs Improvement District relating to the annexation of WCI owned properties into the City of Parkland and the westward extension of Holmberg Road. Further, the Agreement by its own terms is binding on the successors and assigns ofWCI and in my opinion is an enforceable Agreement. The Agreement is to be recorded in the Public Records of Broward County, thereby putting subsequent purchasers on record notice of the obligations imposed by the Agreement on WCI and its successors and assigns, Sincerely, ;}f~;:;t Thomas G. Wright Senior Counsel TGW:pc