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Agenda 01/13/2015 Item #16A16 1/13/2015 16.A.16. n. EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise and bring back for a public hearing an ordinance dissolving the Parklands Collier Community Development District. OBJECTIVE: To dissolve the Parklands Collier Community Development'District. BACKGROUND: The Parklands Collier Community Development District (District) was approved by the Board at its hearing on May 23, 2006, by Ordinance No. 2006-24 establishing conventional mixed-use residential type dwellings, for a total of 600 single family dwelling units and 600 mixed use dwelling units,consisting of 622±acres. CONSIDERATIONS: On November 3, 2014, Parklands Associates I, LLLP, through its attorney, filed a petition with the Comprehensive Planning Section of the Planning & Zoning Department of Growth Management Division, for the dissolution of the District. A $1,500 application fee was submitted including advertising costs associated with the adoption of an ordinance as required for dissolution of Community Development Districts pursuant to Section 190.046(9),Florida Statutes. The District is located entirely within Collier County, Florida and the site is located in Section 9, Township 48 South, Range 26 East. The District is bounded on the south by "Terafina"Planned Unit Development (PUD), the east by "Mirasol" PUD, the west by `Quail West" PUD developments, the North of the property abuts the Lee County border line. Parklands Associates I, LLLP is the sole owner of 100% of the property within the boundaries of the District. Currently, the District consists of vacant land and a road that has not been inspected or accepted by Collier County and is thus a private road. The District never undertook a bond issuance and has no outstanding bonds which are the obligation of the District. This has been confirmed by an independent search of the Department of Economic Opportunity online database. Exhibit "A" to the proposed Ordinance is a Plan of Dissolution (Plan), which was previously adopted by the Board of Supervisors of the District. The Plan sets forth the resolution of any remaining contractual obligations held by the District. Upon following the Plan,the District will have no outstanding financial obligations. The District does not own any infrastructure or other public assets, improvements or facilities, and therefore has no outstanding operating or maintenance obligations. Attached is a proposed Ordinance with the Plan attached as Exhibit"A". Staff is requesting that the Board approve the advertisement of the attached Ordinance for adoption at a subsequent meeting. Once adopted, the District will be required to follow the Plan to terminate all remaining obligations and forward a copy of the Ordinance to the Florida Secretary of State to complete District dissolution at the state level. Additional back-up includes the Board of Supervisors Resolution No 2014-3, dated September 30, 2014, requesting dissolution of the district, and also includes Exhibit "A" Landowner's Consent to Dissolution. Packet Page-407- 1/13/2015 16.A.16. FISCAL IMPACT: There are no Fiscal Impacts aside from the advertising costs, which have already been paid for by the applicant. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -ERP RECOMMENDATION: That the Board directs the County Attorney to advertise and bring back an ordinance dissolving the Parklands Collier Community Development District. Prepared by: Marcia R. Kendall, Senior Planner, Comprehensive Planning Department Attachments: 1) Cover Letter 2) Proposed ordinance of dissolution 3) Resolution of the Board of Supervisors of the Parklands Collier CDD (for dissolution) 4) Exhibit A, 1, 2, B,and C backup documentation(for dissolution) Packet Page-408- 1/13/2015 16.A.16. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.16. Item Summary: Recommendation to direct the County Attorney to advertise and bring back for a public hearing an ordinance dissolving the Parklands Collier Community Development District. Meeting Date: 1/13/2015 Prepared By Name: KendallMarcia Title: Planner, Senior,Comprehensive Planning 12/10/2014 1:42:16 PM Approved By Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 12/11/2014 7:59:38 AM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 12/11/2014 8:57:11 AM Name: PepinEmily Title:Assistant County Attorney, CAO Litigation Date: 12/16/2014 4:43:21 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 12/29/2014 8:47:25 AM Name: IsacksonMark Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 12/29/2014 10:42:06 AM Name: KlatzkowJeff Title: County Attorney, �-. Date: 12/31/2014 8:27:32 AM Packet Page-409- 1/13/2015 16.A.16. Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 12/31/2014 10:31:37 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 1/2/2015 9:28:08 AM Packet Page-410- 1/13/2015 16.A.16. COLEMAN/ p p'^� COUNSELORS AND ATTORNEYS Al LAW 'C� �/A N \!4�. Kevin G.Coleman(Richard c Yova tthe I Edmond k Koester 41) William M.Burke►Gregory L Urbandc l Matthew L Grabinski 1 Craig D.Grider © Matthew M.Jackson l ieffrey 1.Beihoff I Harold 1.Webre l Caroline M.Magliolo KCa E S T E R Charles A.B.Thomson I David Kerem 1 Michael D.Gentzle 101 counsel:Kenneth R.Johnson Writer's Email: gurbancic cr cvklawfirm.com November 3,2014 • VIA HAND DELIVERY Marcia R. Kendall, Senior Planner Comprehensive Planning Department Collier County 2800 N. Horseshoe Drive Naples,Florida 34104 Re: Parklands Collier Community Development District Request for Dissolution Pursuant to Section 190.046(9),Florida Statutes Dear Marcia: My law firm serves as legal counsel for Parklands Collier Community Development District(the "District"). The District was established by Ordinance No. 2006-24 adopted by the Board of County Commissioners of Collier County,Florida on May 23, 2006. The Board of Supervisors of the District has requested that my office, along with the District Manager, pursue the dissolution of Parklands Collier Community Development District by the Board of County Commissioners pursuant to Section 190.046(9), Florida Statutes. In furtherance of the District's request for dissolution, enclosed with this correspondence is a copy of Resolution 2014-3 adopted by the District's Board of Supervisors formally requesting that the Board of County Commissioners dissolve the District. You will note that the Resolution incorporates the following exhibits: 1. Exhibit A - Consent and Joinder of Parklands Associates I, LLP, a Florida limited liability company, the owner of 100% of the land within the District in support of the proposed dissolution. 2. Exhibit B -Plan of Dissolution adopted by the District on September 30, 2014. 3. Exhibit C - Form Notice of Dissolution to be recorded in the Public Records following dissolution and execution of the Plan of Dissolution. Also enclosed with this correspondence are the following items: 1. An Affidavit of District Manager relating to the proposed dissolution and the obligations of the District. 2. Check No. 1139 from Parklands Collier Community Development District in the amount of$1,500.00 to cover the petition cost. My understanding is that the advertising costs will be paid at a �., later date. Northern Taut Bank Building 14001 Tamiami Trail North,Suite 300,Naples,Florida 341031239.435.35351 fax 239.435.1218'www.cyklawfirm.com Packet Page-411- 1/13/2015 16.A.16. Marcia R.Kendall, Senior Planner Comprehensive Planning Department Collier County Page 2 of 2 November 3,2014 As you know, a prerequisite for dissolution under Section 190.064(9), Florida Statutes is that the subject community development district shall have no outstanding financial obligations and no operating or maintenance responsibilities. As to financial obligations,the District never undertook a bond issuance and consequently there are no outstanding bonds which are the obligation of the District. Additionally, the Plan of Dissolution for the District further discusses how the District will satisfy any contractual obligations upon dissolution. After following the provisions of the Plan of Dissolution, the District will not have any outstanding financial obligations. As to operating or maintenance obligations, the District currently does not own any infrastructure or other public assets, improvements or facilities. Consequently,the District has no outstanding operating or maintenance obligations. After your review of this letter and the enclosed documents, please contact me if you have any questions. I would be happy to meet with you to discuss this matter to address any concerns you might have. Thank you again for your assistance. Sincerely, •r Gregory L. Urbancic PTh For the Firm Enclosures cc: Chuck Adams, Wrathell, Hunt&Associates,LLC,District Manager Northern Taut Bank Balding i 4001 TamiamiTrail North,Suite 300,Naples,Florida 341031239.4353535;fax 239.435.12181 www.cyklawfirm.com Packet Page -412- 1/13/2015 16.A.16. ORDINANCE NO.2015- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE DISSOLUTION OF THE PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO SECTION 190.046(9), FLORIDA STATUTES; PROVIDING FOR THE DISSOLUTION OF ALL THE COMMUNITY DEVELOPMENT SERVICES OF THE PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH A PLAN OF DISSOLUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Parklands Collier Community Development District (the "District") was established by Ordinance No. 2006-24 of the Board of County Commissioners of Collier County, Florida,pursuant to Chapter 190, Florida Statutes,on May 23,2006; and WHEREAS, the District is located wholly within the boundaries of Collier County, Florida(the"County"); and WHEREAS, the District operations have been and currently are funded solely by the contributions, in lieu of taxes or assessments, by Parklands Associates I, LLLP the sole landowner within the District(the"Landowner"); and WHEREAS, the District's Board of Supervisors and the Landowner, who owns one hundred percent (100%) of the lands within the District, request that the County adopt this non- emergency ordinance providing for the dissolution of all community development services of the District and provide for the dissolution of the District in accordance with Section 190.046(9), Florida Statutes(2014); and WHEREAS, the District's Board of Supervisors has adopted Resolution No. 2014-3 dated September 30, 2014, adopting a Plan of Dissolution (the "Plan") and expressing the District's desire that the County adopt the same Plan as attached hereto as Exhibit A; and WHEREAS, the District has not issued any bonds, notes or other forms of indebtedness; and Page 1 of 3 Packet Page -413- 1/13/2015 16.A.16. WHEREAS, the Plan provides for the satisfaction of any remaining contractual obligations and upon following such provisions the District will have no outstanding financial obligations or contractual obligations; and WHEREAS, the District does not own any infrastructure or other public assets, improvements or facilities and, therefore, has no outstanding operating or maintenance obligations; and WHEREAS, the dissolution of the District will not harm or otherwise injure any interests of the current owners of land or residents of the District, nor harm or otherwise injure any interests of any other party within or without the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY FOR ORDINANCE. This Ordinance is adopted in the compliance with and pursuant to the Uniform Community Development Act of 1980 codified in Chapter 190, Florida Statutes. SECTION TWO: INCORPORATION OF WHEREAS CLAUSES. All of the above representations, findings and determinations contained within the Whereas Clauses of this Ordinance are recognized as true and accurate, and are incorporated expressly into this Ordinance and made a material part of this Ordinance. SECTION THREE: ADOPTION OF PLAN OF DISSOLUTION. The County hereby approves and adopts the Plan of Dissolution of the Parklands Collier Community Development District, attached to this Ordinance as Exhibit A. SECTION FOUR: DISSOLUTION OF DISTRICT. Once all community development services of the District have been dissolved and upon compliance with all the terms of the Plan, the District shall file a copy of the Plan and this Ordinance with the Clerk of the Twentieth (20`h) Judicial Circuit in and for Collier County, Page 2 of 3 Packet Page-414- 1/13/2015 16.A.16. Florida, in accordance with Section 190.046(6), Florida Statutes. Upon the filing of the Plan and this Ordinance with the Clerk of the Circuit Court, the District will be dissolved without further action by either the County or the District. SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this- day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy clerk , Chairman Approved as to form and legality: Emily R. Pe.'n Assistant • ty Attorney Page 3 of 3 Packet Page -415- 1/13/2015 16.A.16. EXHIBIT A Page l of 2 PLAN OF DISSOLUTION FOR PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT 1. PURPOSE. The purpose of this Plan of Dissolution is to provide a plan for the orderly dissolution of Parklands Collier Community Development District(the"District"). 2. CONSTRUCTION. This Plan of Dissolution shall be construed liberally to accomplish the smooth and orderly dissolution of the District. 3. AUTHORITY. Section 190.046(9), Florida Statutes provides that if a district has no outstanding financial obligations and no operating or maintenance responsibilities, upon petition of the district, the district may be dissolved by a non-emergency ordinance of the local governmental entity that established the district. 4. SERVICES. The District is currently managed by a contract administrator and has no employees. Legal Counsel has been retained by the District to provide legal services to the District ("District Counsel"). The District currently does not provide any community development services to the owners of lands within the boundaries of the District. The District Manager and District Counsel are responsible for filing any final reports or other documents on behalf of the District that are required by law, and for performing any and all other actions on behalf of the District within thirty (30) days after the effective dissolution of the District. Prior to submitting the resolution and petition requesting dissolution to the Board of County Commissioners of Collier County, Florida ("BCC"), Parklands Associates I, LLLP will pay all outstanding District expenses, including among others invoices from the District Manager and District Counsel,and including invoices sufficient to cover the expenses associated with the dissolution process. 5. ASSETS AND LIABILITIES. The District owns no real property in fee simple. The District owns no infrastructure or other assets and has no debt or maintenance responsibilities. 6. CONTRACTUAL OBLIGATIONS OF THE DISTRICT. A. All contractual obligations of the District shall be addressed as follows: (1) Except for those duties and obligations required of the District Counsel pursuant to this Plan of Dissolution, the District's agreement with the firm of Coleman, Yovanovich and Koester, PA to serve as District Counsel shall terminate upon the effective dissolution of the District. The District Manager will obtain an appropriate release from Coleman, Yovanovich and Koester,P.A. (2) Except for those duties and obligations required of the District Manager pursuant to this Plan of Dissolution, the District's agreement with the firm of Wrathell, Hunt & Associates, to serve as District Manager shall terminate upon the effective dissolution of the District, The District Manager will obtain an appropriate release from Wrathell, Hunt & Associates. (3) Prior to submitting the resolution requesting dissolution to the BCC, the District Manager on behalf of the District shall terminate any other • Packet Pare -416- 1/13/2015 16.A.16. EXHIBIT A • Page 2 of 2 pending District agreements by sending notice of termination to, and obtaining an appropriate release from, each of the contractors and/or consultants. B. All revenue agreements with Parklands Associates I, LLLP shall expire and be void upon final payment of all financial obligations of the District to any third party beneficiary, including any payments due to any other.governmental entity, the District Manager and/or District. Counsel resulting from the dissolution of the District. 7. FINANCE. Prior to submitting the resolution and related petition requesting dissolution to the BCC, Parklands Associates L.LLLP will pay or fund all outstanding invoices or accounts of the District. In the event the District recovers any pre-paid premiums from canceled insurance policies, such premiums shall first be used to pay the outstanding invoices or accounts of the District and then, if all invoices or accounts of the District are settled with no amounts due or outstanding,any remaining money shall be returned to Parklands Associates 1,LLLP. 8. NOTICE OF DISSOLUTION. Following the adoption of an ordinance by the BCC to dissolve the District, District Counsel shall file a Notice of Dissolution of Parklands Collier Community Development District in the Public Records of Collier County, Florida. A copy of the ordinance passed by the BCC dissolving the District shall be transmitted to the Florida Department of Economic Opportunity pursuant to Section 189.016,Florida Statutes. 9. MODIFICATION OF THE PLAN OF DISSOLUTION. The District's Board of Supervisors may modify this Plan of Dissolution by Resolution prior to the effective date of any ordinance passed by the BCC dissolving the District. 10. OFFICIAL DISTRICT RECORDS. All official records of the, District shall be transferred to the Florida Secretary of State by the District Manager. However, such a transfer of official District records shall not occur as long as the District has an obligation, under any law, to keep and maintain any such official District record. If any official record of the District cannot be transferred prior to the dissolution of the District, then the failure by the District Manager to transfer such a record shall not cause this Plan of Dissolution to not be completed within the time permitted. Any such record shall be transferred by the District Manager to the Florida Secretary of State as soon as is practicable after the dissolution of the District, in accord with this Plan of Dissolution. 11. OPERATION OF THIS PLAN OF DISSOLUTION. This Plan of Dissolution shall become effective upon adoption of a Resolution by the District's Board of Supervisors approving this Plan of Dissolution. After complying with the terms of this Plan of Dissolution, the District will be dissolved without any further action. Packet Page -417- 1/13/2015 16.A.16. RESOLUTION 2014-3 A RESOLUTION OF THE BOARD OF SUPERVISORS OF PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT ADOPTING A PLAN OF DISSOLUTION; REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ADOPT A NON-EMERGENCY ORDINANCE DISSOLVING THE DISTRICT; DIRECTING THE DISTRICT'S LEGAL COUNSEL TO TAKE APPROPRIATE ACTION TO DISSOLVE PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH THE COUNTY ORDINANCE DISSOLVING THE DISTRICT AND THE PLAN OF DISSOLUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Parklands Collier Community Development District (the "District") was established by Ordinance No. 2006-24 adopted by the Board of County Commissioners of Collier County,Florida("BCC")pursuant to Chapter 190,Florida Statutes;and WHEREAS, the District is located wholly within the municipal boundaries of Collier County,Florida; and WHEREAS, the District's operations are funded solely by the contributions, in lieu of taxes or assessments, by Parklands Associates I, LLLP, the sole landowner within the District (the"Landowner"); and WHEREAS, the District has not levied any special assessments against the lands located within the District and has not imposed, levied or charged any fees to fund any of its general or special powers;and WHEREAS, the District has not issued any bonds, notes or other debt instruments in anticipation of making any planned community development improvements; and WHEREAS, the District's Board of Supervisors has determined that based upon information made available to it, including information provided by the Landowner, the current economic conditions,and the minimal level of improvements constructed within the District,that the planned community development infrastructure systems, facilities and services to be provided to the lands within the boundaries of the District may be modified to reflect a different development plan, and that after such modification, the currently envisioned community development services may be better provided by other means including, without limitation, a homeowners' association. Based upon the information made available to the District, said services are anticipated to be provided in a manner as efficiently as the dissolved District and at a level of quality equal to the level of quality to be delivered to the users of those services by the dissolved District, at an annual cost that would be equal to or lower than the annual assessment amount that could be levied by the dissolved District;and WHEREAS, the District has received the written consent from the Landowner (the owner of one hundred percent (100%) of the land with the District) in support of the dissolution of the District, a copy of which is attached hereto and incorporated herein as Exhibit"A";and Packet Page -418- 1/13/2015 16.A.16. WHEREAS, dissolving of the District will not affect adversely, citizens, taxpayers and property owners of Collier County,Florida;and WHEREAS,the dissolution of the District will not harm or otherwise injure any interests of the Landowner or residents of the District, nor harm nor otherwise injure any interests of any other party within or without the District;and WHEREAS,the District has prepared a Plan of Dissolution that provides for the orderly dissolution of the District and for the final dispensation of all records, financial accounts and contracts a copy of which is attached hereto and incorporated herein as Exhibit`B"; and WHEREAS, the District's Board of Supervisors requests that the BCC adopt an ordinance to dissolve the District in accordance with Section 190.046(9),Florida Statutes;and WHEREAS, upon passage of an ordinance to dissolve the District,Petitioner will cause to be recorded in the public records of Collier County,Florida a Notice of Dissolution in the form attached hereto as Exhibit"C";and NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. INCORPORATION OF RECITALS. All of the above representations, findings and determinations contained within the foregoing recitals of this Resolution are recognized as true and accurate and are expressly incorporated into this Resolution. SECTION 2. FINDINGS. A. Pursuant to the Ordinance, Collier County established Parklands Collier Community Development District as a community development district within the meaning of Chapter 190,Florida Statutes. B. As a result of the District undertaking certain actions which are part of the District's Plan of Dissolution (as defined below), the District will have no outstanding financial obligations,does not own any infrastructure or other public assets,improvements or facilities,and has no operation or maintenance responsibilities. The District meets the requirements for dissolution by non-emergency ordinance of Collier County pursuant to Section 190.046(9), Florida Statutes. C. The Board of Supervisors of the District desires to adopt this resolution requesting that the BCC dissolve the District by ordinance pursuant to Section 190.046(9), Florida Statutes("Dissolving Ordinance"). SECTION 3. APPROVAL OF PLAN OF DISSOLUTION. The District hereby approves the Plan of Dissolution,attached to this Resolution as Exhibit`B". SECTION 4. REQUEST FOR DISSOLUTION OF THE DISTRICT & EXECUTION OF DISSOLUTION. The District hereby requests the BCC dissolve the District by ordinance pursuant to Section 190.046(9), Florida Statutes. The District's Legal Counsel and the District Manager are hereby authorized, individually or collectively, to submit this resolution 2 Packet Page-419- 1/13/2015 16.A.16. to Collier County and to further take such action as is appropriate or necessary to pursue and obtain the dissolution of the District as requested hereunder, including, without limitation, the implementation of a Plan of Dissolution for the District. Upon adoption of the dissolving ordinance by the BCC, the District's Legal Counsel is further directed to proceed with any necessary and remaining steps as outlined in the Plan of Dissolution and Dissolving Ordinance to effectuate an orderly dissolution of the District. SECTION 5. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution,or any part thereof. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon the passage and adoption of this Resolution by the Board of Supervisors of Parklands Collier Community Development District. PASSED AND ADOPTED in public session this 30th day of September,2014. PARKLANDS COLLIER ATTEST: COMMUNITY DEVELOPMENT DISTRICT tr_ , ►= OP _ .1.4/11. he_f? Chairperson,Board of Supervis. s Exhibit A: Consent and Joinder of Landowners Exhibit B:Plan of Dissolution Exhibit C:Form Notice of Dissolution 3 Packet Page-420- 1/13/2015 16.A.16. Exhibit A: Consent and Joinder of Landowners 4 Packet Pare -421- 1/13/2015 16.A.16. EXHIBIT"A" CONSENT AND JOINDER OF LANDOWNER TO THE DISSOLUTION OF PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT PARKLANDS ASSOCIATES I, LLLP, a Florida limited liability Iimited partnership ("Parklands"), hereby certifies that it is the owner or developer of certain property located in Collier County, Florida and more particularly described on Exhibit"1"attached hereto and made a part hereof(the"Property"),which real property constitutes all of the real property within the boundaries of the Parklands Collier Community Development District(the"District"). Parklands understands and acknowledges that the District intends to dissolve in accordance with the provisions of Chapter 190.046(9), Florida Statutes and the "Plan of Dissolution" adopted or to be adopted by th District, a copy of which is attached hereto and made a part hereof as Exhibit"2". By signing below, j'r awl /fit r, , on behalf of Parklands, as the owner and controller of the Property, hereby gives its full consent and agreement to the dissolution of the District by Collier County ordinance in accordance with Section 190.046,Florida Statutes. The undersigned acknowledges that this consent will remain in full force and effect until the dissolution of the District is final or two(2)years from the date hereof, whichever shall first occur. The undersigned hereby represents and warrants that it has taken all actions and obtained all consents necessary to duly authorize the execution of this consent and joinder by the officer executing this instrument. This consent and joinder shall terminate and be void if the attached Plan of Dissolution is amended,supplemented or rescinded. IN WITNESS WHEREOF, I hereunto set my hand this-014 day of5 -i ,2014. PARKLANDS AS • IATES I,LLLP, a Florida limite. .. ity limited partnership By:Parkl.. ds /par Corporation,a Flo►da ••9 oration,a general partner By: Name: R-id 4'129/4v—'k-tc, Title: 1/1'e-e— ae- STATE OF FLORIDA COUNTY OF L..e The foregoing instrument was acknowledged before me this 'F,Oday of S E rz 2014, by �tCl 2La 40Y- u ,as 4►..c.F of Parklands Genpar Corporation, a Florida corporation, on behalf of the corporation as a general partner of Parklands Associates I, LLLP, a Florida limited liability limited partnership, on behalf of the corporation, who is ['K] personally known to me or[ ] has produced _ as identification. Adrgmi CHESLEY E.ADAMS JR. Notary ' bile Airy. Notary Public-State of Florida PRINT NAME: ' _. My Comm.Expires Jul td,2015 _,'`s,�'t•, ce CommissionN EE 77836 My commission expires:fires: 'IIN`1''', Bonded Thrown Rational/rotary Assn. Packet Pa e -422- 1/13/2015 16.A.16. AFFIDAVIT OF DISTRICT MANAGER BEFORE ME, the undersigned authority, personally appeared CHESLEY E. ADAMS, JR., as Manager of the Parklands Collier Community Development District, a community development district. established and existing pursuant to Chapter 190, Florida Statutes(the "District"), who being first, duly sworn deposes and says: 1. Affiant is over the age of twenty-one (21) years, is otherwise sui juris and has personal knowledge of the facts asserted herein. 2. Affiant, on behalf of Wrathell, Hunt and Associates, LLC, serves as the Manager of the District,and has served in such capacity since the formation of the District. 3. This Affidavit is made in connection with a request by the District to the Board of County Commissioners of Collier County,Florida for the dissolution of the District. 4. The District has not issued any bonds,notes or other debt instruments. 5. Except for those contractual obligations set forth in the Plan of Dissolution for Parklands Collier Community Development District attached hereto as Exhibit"1" and adopted by the District's Board of Supervisors on September 30, 2014 (the "Plan"), which obligations are to be satisfied in the manner set forth in the Plan in connection with the dissolution, the District has no outstanding financial obligations. FURTHER AFFIANT SAYETH NAUGHT. E7AL 1 Chesley C.05 dams,Jr.,Manager of Parklandilier Community Development District STATE OF FLORIDA COUNTY OF COLLIER SWORN TO AND SUBSCRIBED before me this I day of October,2014, by Chesley E. Adams, Jr., as Manager of Parklands Collier Community Development District, who is personally known to me or[i has produced as identification. (Seal) NOTARY PUBLIC: ,y Print Name: f .2 1.(qr. My Commission Expires: b A)_-//[I !IIIIIIIII111 Packet Page-423- 1/13/2015 16.A.16. EXHIBIT"1"TO CONSENT:LEGAL DESCRIPTION OF THE PROPERTY Packet Page -424- 1/13/2015 16.A.16. flanks Enniniering, Ant. Professional Engineers,Planners E.Land Surveyors 6690 Willow Park Drove-Suite 8 Naples,Florida 34109 (239)597-2061 Fax(239)597-3082 • A DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 9,TOWNSHIP 48 SOUTH,RANGE 26 EAST COLLER COUNTY,FLORIDA (PARKLANDS COLLIER C.D.D.) A PARCEL OR TRACT OF LAND SITUATED TN THE STATE OF FLORIDA,COUNTY OF COLLIER,LYING IN SECTION 9,TOWNSHIP 48 SOUTH,RANGE 26 EAST AND BEING FURTHER DESCRIBED AS FOLLOWS: SECTION 9,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. LESS AND EXCEPT THE FOLLOWING 5 DESCRIBED PARCELS: 1)THE SOUTH 30.00 FEET OF THE WEST HALF(W%)OF SAID SECTION 9. 2)THE SOUTH 30.00 FEET OF THE SOUTHEAST QUARTER(SE'/.)OF THE SOUTHEAST QUARTER(SE'/.)OF SAID SECTION 9. 3)THE SOUTH 30.00 FEET OF THE EAST HALF(E Vs)OF THE SOUTHWEST QUARTER (SW'/.)OF THE SOUTHEAST QUARTER(SE'A)OF SAID SECTION 9. 4)THE SOUTH 30.00 FEET OF THE WEST HALF(W'''/)OF THE WEST HALF(W'/2)OF THE SOUTHWEST QUARTER(SW'Vs)OF THE SOUTHEAST QUARTER(SE'A)OF SAID SECTION 9. 5)A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER,LYING IN SECTION 9,TOWNSHIP 48 SOUTH,RANGE 26 EAST AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9,THENCE S.89°58'28"E.ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 9 FOR 80.25 FEET;THENCE N.00°01'32"E.FOR 75.00 FEET TO AN INTERSECTION WITH A CURVE TO THE RIGHT HAVING A RADIUS 632.90 FEET AND SUBTENDED BY A CHORD BEARING N.46°29'20"E FOR A DISTANCE OF 86420 FEET AND TO THE POINT OF BEGINNING;THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 86°06'56"FOR 95125 FEET;THENCE S.90°00'00"E.FOR 400.00 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 620.00 FEET;THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°32'39"FOR 319.70 FEET;THENCE S.60°27'21"E. FOR 503.61 FEET;THENCE S.00°0I'32"W.FOR 266.84 FEET;THENCE N.89°58'28"W FOR 1770.48 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 622.48 ACRES,MORE OR LESS. hrr► BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 9,TOWNSHIP 48 SOUTH,RANGE 26 EAST AS BEARING S.89°58'28"E. SUBJECT TO EASEMENTS,RESTRICTIONS,RESERVATIONS AND RIGHTS-OF-WAY OF RECORD. DESCRIPTION PREPARED MARCH 4,2005. / A4r'-Ze5L1 THOMAS C.SAAW PROFESSIONAL SURVEYOR&MAPPER FLORIDA CERTIFICATION NO.4672 • SHEET 1 OF 2 SiLlabs0344\1303ISURV EYING\Descriptions\1303 CDD DESC.doe Fort Myers Office Sarasota Office Port Charlotte Office 10511 Six Mile Cypress Pkwy.Suite#101 1144 Taltevast Road Suite#115 l2653 SW CR 769 Suite B Fort Myers.Florida 33912 Sarasota,Florida 34243 tike Suzy,Florida 34209 (239)939.5490 (941)360.1618 (941)625-1165 Fax(239)939-2523 Fax(941)360-6918 Fax(941)625-1149 Packet Page-425- 1/13/2015 16.A.16. t o * Ln • Q-. u c a: i a 'b gg N6Zghy g. ›-' an x¢04' �; $ �y _ Q g ups r _ ;' Fes+- N It 5 § y ;R 1'! �g C.22Cg•- h W. 2LO r< 3 y E �h iv: y;��6i--Is-. �V m� -. F W Q� -41 y �P Lw; b.W V1 4f;8„(BP° O �Qi =z ` r.� t %I -� h- R''o esh(5Vx cZ '4' sag 3 eta ISI 6 t h a ha � Eb; . 7r- m d �1g-, t .-" . 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RESOLUTION 2014-3 A RESOLUTION OF THE BOARD OF SUPERVISORS OF PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT ADOPTING A PLAN OF DISSOLUTION; REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ADOPT A NON-EMERGENCY ORDINANCE DISSOLVING THE DISTRICT; DIRECTING THE DISTRICT'S LEGAL COUNSEL TO TAKE APPROPRIATE ACTION TO DISSOLVE PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH THE COUNTY ORDINANCE DISSOLVING THE DISTRICT AND THE PLAN OF DISSOLUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Parklands Collier Community Development District (the "District") was established by Ordinance No. 2006-24 adopted by the Board of County Commissioners of Collier County,Florida("BCC")pursuant to Chapter 190,Florida Statutes;and WHEREAS, the District is located wholly within the municipal boundaries of Collier County,Florida;and WHEREAS, the District's operations are funded solely by the contributions, in lieu of taxes or assessments, by Parklands Associates I, LLLP, the sole landowner within the District (the"Landowner");and WHEREAS, the District has not levied any special assessments against the lands located within the District and has not imposed, levied or charged any fees to fund any of its general or special powers;and WHEREAS, the District has not issued any bonds, notes or other debt instruments in anticipation of making any planned community development improvements;and WHEREAS, the District's Board of Supervisors has determined that based upon information made available to it, including information provided by the Landowner, the current economic conditions,and the minimal level of improvements constructed within the District,that the planned community development infrastructure systems, facilities and services to be provided to the lands within the boundaries of the District may be modified to reflect a different development plan, and that after such modification, the currently envisioned community development services may be better provided by other means including, without limitation, a homeowners' association. Based upon the information made available to the District, said services are anticipated to be provided in a manner as efficiently as the dissolved District and at a level of quality equal to the level of quality to be delivered to the users of those services by the dissolved District, at an annual cost that would be equal to or lower than the annual assessment amount that could be levied by the dissolved District;and WHEREAS, the District has received the written consent from the Landowner (the owner of one hundred percent (100%) of the land with the District) in support of the dissolution of the District, a copy of which is attached hereto and incorporated herein as Exhibit"A";and Packet Page-428- 1/13/2015 16.A.16. WHEREAS, dissolving of the District will not affect adversely, citizens, taxpayers and property owners of Collier County,Florida;and WHEREAS,the dissolution of the District will not harm or otherwise injure any interests of the Landowner or residents of the District, nor harm nor otherwise injure any interests of any other party within or without the District;and WHEREAS,the District has prepared a Plan of Dissolution that provides for the orderly dissolution of the District and for the final dispensation of all records, financial accounts and contracts a copy of which is attached hereto and incorporated herein as Exhibit`B";and WHEREAS, the District's Board of Supervisors requests that the BCC adopt an ordinance to dissolve the District in accordance with Section 190.046(9),Florida Statutes;and WHEREAS, upon passage of an ordinance to dissolve the District, Petitioner will cause to be recorded in the public records of Collier County, Florida a Notice of Dissolution in the form attached hereto as Exhibit"C";and NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. INCORPORATION OF RECITALS. All of the above representations, findings and determinations contained within the foregoing recitals of this Resolution are recognized as true and accurate and are expressly incorporated into this Resolution. SECTION 2. FINDINGS. A. Pursuant to the Ordinance, Collier County established Parklands Collier Community Development District as a community development district within the meaning of Chapter 190,Florida Statutes. B. As a result of the District undertaking certain actions which are part of the District's Plan of Dissolution (as defined below), the District will have no outstanding financial obligations,does not own any infrastructure or other public assets, improvements or facilities,and has no operation or maintenance responsibilities. The District meets the requirements for dissolution by non-emergency ordinance of Collier County pursuant to Section 190.046(9), Florida Statutes. C. The Board of Supervisors of the District desires to adopt this resolution requesting that the BCC dissolve the District by ordinance pursuant to Section 190.046(9), Florida Statutes("Dissolving Ordinance"). SECTION 3. APPROVAL OF PLAN OF DISSOLUTION. The District hereby approves the Plan of Dissolution,attached to this Resolution as Exhibit"B". SECTION 4. REQUEST FOR DISSOLUTION OF THE DISTRICT & EXECUTION OF DISSOLUTION. The District hereby requests the BCC dissolve the District by ordinance pursuant to Section 190.046(9), Florida Statutes. The District's Legal Counsel and the District Manager are hereby authorized, individually or collectively,to submit this resolution 2 Packet Pare-429- 1/13/2015 16.A.16. to Collier County and to further take such action as is appropriate or necessary to pursue and obtain the dissolution of the District as requested hereunder, including, without limitation, the implementation of a Plan of Dissolution for the District. Upon adoption of the dissolving ordinance by the BCC, the District's Legal Counsel is further directed to proceed with any necessary and remaining steps as outlined in the Plan of Dissolution and Dissolving Ordinance to effectuate an orderly dissolution of the District. SECTION 5. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution,or any part thereof. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon the passage and adoption of this Resolution by the Board of Supervisors of Parklands Collier Community Development District. PASSED AND ADOPTED in public session this 306 day of September,2014. PARKLANDS COLLIER ATTEST: COMMUNITY DEVELOPMENT DISTRICT g •_ _ , - _ .r' Chairperson,Board of Supervis. s Exhibit A: Consent and Joinder of Landowners Exhibit B:Plan of Dissolution Exhibit C:Form Notice of Dissolution 3 Packet Page-430- 1/13/2015 16.A.16. Exhibit B:Plan of Dissolution 5 Packet Pa:e -431- 1/13/2015 16.A.16. EXHIBIT`B" PLAN OF DISSOLUTION FOR PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT 1. PURPOSE. The purpose of this Plan of Dissolution is to provide a plan for the orderly dissolution of Parklands Collier Community Development District(the"District"). 2. CONSTRUCTION. This Plan of Dissolution shall be construed liberally to accomplish the smooth and orderly dissolution of the District. 3. AUTHORITY. Section 190.046(9), Florida Statutes provides that if a district has no outstanding financial obligations and no operating or maintenance responsibilities, upon petition of the district,the district may be dissolved by a non-emergency ordinance of the local governmental entity that established the district. 4. SERVICES. The District is currently managed by a contract administrator and has no employees. Legal Counsel has been retained by the District to provide legal services to the District ("District Counsel"). The District currently does not provide any community development services to the owners of lands within the boundaries of the District. The District Manager and District Counsel are responsible for filing any final reports or other documents on behalf of the District that are required by law, and for performing any and all other actions on behalf of the District within thirty (30) days after the effective dissolution of the District. Prior to submitting the resolution and petition requesting dissolution to the Board of County Commissioners of Collier County, Florida ("BCC"), Parklands Associates I, LLLP will pay all outstanding District expenses, including among others invoices from the District Manager and District Counsel,and including invoices sufficient to cover the expenses associated with the dissolution process. 5. ASSETS AND LIABILITIES. The District owns no real property in fee simple. The District owns no infrastructure or other assets and has no debt or maintenance responsibilities. 6. CONTRACTUAL OBLIGATIONS OF THE DISTRICT. A. All contractual obligations of the District shall be addressed as follows: (1) Except for those duties and obligations required of the District Counsel pursuant to this Plan of Dissolution, the District's agreement with the firm of Coleman, Yovanovich and Koester, PA to serve as District Counsel shall terminate upon the effective dissolution of the District. The District Manager will obtain an appropriate release from Coleman, Yovanovich and Koester,P.A. (2) Except for those duties and obligations required of the District Manager pursuant to this Plan of Dissolution, the District's agreement with the firm of Wrathell, Hunt & Associates, to serve as District Manager shall terminate upon the effective dissolution of the District. The District Manager will obtain an appropriate release from Wrathell, Hunt & Associates. (3) Prior to submitting the resolution requesting dissolution to the BCC, the District Manager on behalf of the District shall terminate any other Packet Page-432- 1/13/2015 16.A.16. pending District agreements by sending notice of termination to, and obtaining an appropriate release from, each of the contractors and/or consultants. B. All revenue agreements with Parklands Associates I, LLLP shall expire and be void upon final payment of all financial obligations of the District to any third party beneficiary, including any payments due to any other governmental entity, the District Manager and/or District Counsel resulting from the dissolution of the District. 7. FINANCE. Prior to submitting the resolution and related petition requesting dissolution to the BCC, Parklands Associates I, LLLP will pay or fund all outstanding invoices or accounts of the District. In the event the District recovers any pre-paid premiums from canceled insurance policies, such premiums shall first be used to pay the outstanding invoices or accounts of the District and then, if all invoices or accounts of the District are settled with no amounts due or outstanding, any remaining money shall be returned to Parklands Associates I,LLLP. S. NOTICE OF DISSOLUTION. Following the adoption of an ordinance by the BCC to dissolve the District, District Counsel shall file a Notice of Dissolution of Parklands Collier Community Development District in the Public Records of Collier County, Florida. A copy of the ordinance passed by the BCC dissolving the District shall be transmitted to the Florida Department of Economic Opportunity pursuant to Section 189.016,Florida Statutes. 9. MODIFICATION OF THE PLAN OF DISSOLUTION. The District's Board of Supervisors may modify this Plan of Dissolution by Resolution prior to the effective date of any ordinance passed by the BCC dissolving the District. 10. OFFICIAL DISTRICT RECORDS. All official records of the District shall be transferred to the Florida Secretary of State by the District Manager. However, such a transfer of official District records shall not occur as long as the District has an obligation, under any law, to keep and maintain any such official District record. If any official record of the District cannot be transferred prior to the dissolution of the District, then the failure by the District Manager to transfer such a record shall not cause this Plan of Dissolution to not be completed within the time permitted. Any such record shall be transferred by the District Manager to the Florida Secretary of State as soon as is practicable after the dissolution of the District, in accord with this Plan of Dissolution. 11. OPERATION OF THIS PLAN OF DISSOLUTION. This Plan of Dissolution shall become effective upon adoption of a Resolution by the District's Board of Supervisors approving this Plan of Dissolution. After complying with the terms of this Plan of Dissolution, the District will be dissolved without any further action. Packet Page -433- 1/13/2015 16.A.16. Exhibit C:Fonn Notice of Dissolution 6 Packet Page-434- 1/13/2015 16.A.16. Return Recorded instrument to: Gregory L.Urbancic.Esq. Coleman,Yovanovich&Koester,P.A. 4001 Tamiami Trail N.,Ste.300 Naples,FL 34103 NOTICE OF DISSOLUTION OF PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN that on September 30, 2014, the Board of Supervisors of Parklands Collier Community Development District adopted Resolution 2014-3 requesting that the Board of County Commissioners of Collier County, Florida dissolve Parklands Collier Community Development District (the "District") pursuant to Section 190.046(9), Florida Statutes. The District was established on May 25, 2006 pursuant to Ordinance 2006-24 of the Board of County Commissioners of Collier County,Florida. On , 2014, the Board of County Commissioners of Collier County, Florida adopted Ordinance 20= providing for the dissolution of the District and approving a Plan of Dissolution for the District. The legal description of the now dissolved Parklands Collier Community Development District is set forth on Exhibit "A" attached hereto and made a part hereof. This Notice of Dissolution is being recorded in accordance with the approved Plan of Dissolution. PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT By: Gregory L. Urbancic, Attorney for Parklands Collier Community Development District Date: STATE OF FLORIDA COUNT OF COLLIER The foregoing instrument was acknowledged before me,this of , 2014, by GREGORY L. URBANCIC, ATTORNEY FOR PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT, a unit of special purpose government organized and existing under the laws of the State of Florida,who is personally known to me. NOTARY PUBLIC (SEAL) Printed Name: Commission No.: My Commission Expires: 1 Packet Page-435-