HomeMy WebLinkAbout1997-25A Annexation Agreement 1,538 Acres
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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,
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NOW. THEREFORE, BE IT RESOLVED BY THE CITY COM:MJSSION
OF THE CITY OF P ARKLA.ND. FLORIDA:
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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;
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(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.
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08/05/91 08:47 FAX 9543(15181
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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:
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SUSAN ARMSTRONG, C c.
CITY CLERK
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3300 University Drive
Coral Springs, Florida 33065
(954) 752-1100
weI COMMUNITIES
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September 5, 1997
The Honorable sat Pagliara
Mayor
City of Parkland
6500 Parkside Drive
Parkland, FL 33067
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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
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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:
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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,
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Thomas G. Wright
Senior Counsel
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