Agenda 01/27/2015 Item #17A 1/27/2015 17.A.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance dissolving the Parklands Collier Community Development
District pursuant to Section 190.046(9),Florida Statutes.
OBJECTIVE: The objective of this public hearing is for the Board of County Commissioners
(Board)to review and consider an adoption Ordinance for a Plan of Dissolution of the Parklands
Collier Community Development District(District).
BACKGROUND: The Parklands Collier Community Development District was approved by
the Board at their hearing on May 23, 2006, by Ordinance No. 2006-24 for 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. Attached as 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 attached Ordinance for adoption. 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.
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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.
The advertisement of the proposed Ordinance was previously authorized by the Board at its
January 13, 2015 meeting, a copy of which is attached.
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: The Board of County Commissioners may, at its discretion,
facilitate the dissolution of the Parklands Collier Community Development District via adoption
of an Ordinance as the District has no outstanding financial obligations once the Plan is fully
complied with and no operating or maintenance responsibilities. This item has been approved as
to form and legality and requires a majority vote for Board approval. -ERP
RECOMMENDATION: That the Board approves, adopts and enacts the Ordinance providing
for the dissolution of the Parklands Collier Community Development District.
Prepared by: Marcia R. Kendall, Senior Planner, Comprehensive Planning Department
Attachments:
1) Cover Letter
2) CDD Ordinance with EXHIBIT A
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)
5) Legal Advertisement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
Item Summary: Recommendation to adopt an Ordinance dissolving the Parklands Collier
Community Development District pursuant to Section 190.046(9), Florida Statutes.
Meeting Date: 1/27/2015
Prepared By
Name: KendallMarcia
Title:Planner, Senior, Comprehensive Planning
12/12/2014 12:10:16 PM
Approved By
Name: BosiMichael
Title: Director-Planning and Zoning, Comprehensive Planning
Date: 1/5/2015 3:15:34 PM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 1/6/2015 2:04:34 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/14/2015 9:50:10 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 1/15/2015 1:52:06 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/15/2015 3:30:33 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/16/2015 9:20:31 AM
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Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 1/20/2015 8:56:03 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/20/2015 10:27:57 AM
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CO L E M A N COUNSELORS AND ATTORNEYS AT LAW
w..J ANC) C Kevin Burke Coleman;Richard D.Yova Matthew Edmond E.Koester
William M.Burke i Gregory L.Urbancic i Matthew L.Grabinski I Craig D.Grider
KOE S T E�? Matthew M.Jackson I leffreyl.Beihoff C Harold J.Webre I Caroline M.Magliolo
i(�\,�✓ a7 R Charles A.B.Thomson I David Kerem I Michael D.Gentzle I Of counsel:Kenneth R.Johnson
Writer's Email:
p.urbancicncvklawfirm.com
November 3,2014
,,: r asma
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. 1 139 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 Trust Bank Building;4001 Tamiami Trail North,Suite 300,Naples,Florida 34103 239.435.3535 I fax 239.435.1218E www.cyklawfirm.com
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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 he 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
For the Firm
Enclosures
cc: Chuck Adams,Wrathell, Hunt&Associates, LLC, District Manager
Northern Trust Bank Building;4001 Tamiami Trail North,Suite 300,Naples,Florida 34103:239.435.3535;fax 239.435.1218:www.cyklawfirm.com
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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
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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
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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:
♦l a-
Emily R. P •'n
Assistant • ty Attorney
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EXHIBIT A
Page 1 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.
S. 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
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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 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 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 Parldands 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.
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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 Iands 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
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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
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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 30`s day of September,2014.
PARKLANDS COLLIER
AT1EST: COMMUNITY DEVELOPMENT
DISTRICT
t tli.L _ Lies J.
i°
- - .rte Chairperson,Board of Supervis• s
Exhibit A: Consent and Joinder of Landowners
Exhibit B:Plan of Dissolution
Exhibit C:Form Notice of Dissolution
3
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Exhibit A: Consent and Joinder of Landowners
4
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EXHIBIT"A"
CONSENT AND JOINDER OF LANDOWNER TO THE DISSOLUTION OF
PARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT
PARKLANDS ASSOCIATES I, LLLP, a Florida limited liability limited 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, �'re�-t a'nt Ark((.j
, 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$0 r day ofCelferi4 ter,2014.
PARKLANDS AS IATES I,LLLP,
ty
a Florida limi • i limited partnership
By:Parkl•. ds �// par Corporation,a
Flo%da ••'••ration,a general partner
By:
Name: 4-«- 1 t d i44'1h
Title: Vt t Oee_+
STATE OF FLORIDA
COUNTY OF EE
�j
The foregoing instrument was acknowledged before me this ?iOday of S E fE)t(#2- 2014, by
etc ,203 h t.IJ ,as I r,c,F poest n 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 [X] personally known to me or[ ] has
produced as identification.
tieaatY a CMESLEY E.ADAMS JR. y Notary blic
s P v; Notary Public-State of Florida • PRINT NAME:
My Comm.Expires Jul 18.2016
77"w P. Commission N EE 77836 I . My commission expires:
gaol' Bonded Through National Notary Assn.
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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.
EAL
Chesley C.03 dams,Jr.,Manager of
Parklandllier Community
Development District
STATE OF FLORIDA
COUNTY OF COLLIER
SWORN TO AND SUBSCRIBED before me this3 I day of October, 2014, by Chesley E.
Adams, Jr., as Manager of Parklands Collier Community Development District, who krfrpersonally
known to me or U has produced as identification.
(Seal)
NOTARY PUBLIC: /r0
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EXHIBIT"1"TO CONSENT:LEGAL DESCRIPTION OF THE PROPERTY
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Hanks Enninerring, ,Jnr.
Professional Engineers,Planners&Land Surveyors
6640 Willow Park Drive-Suite B
`.� 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 COWER C.D.D.)
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:
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 V2)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 F2)OF THE SOUTHWEST QUARTER
(SW 1/4)OF THE SOUTHEAST QUARTER(SE'/)OF SAID SECTION 9.
4)THE SOUTH 30.00 FEET OF THE WEST HALF(W 12)OF THE WEST HALF(W 1/4)OF
THE SOUTHWEST QUARTER(SW Y)OF THE SOUTHEAST QUARTER(SE'/)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 864.20 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°01'32"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.
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.
THOMAS C.SKAW
PROFESSIONAL SURVEYOR&MAPPER
FLORIDA CERTIFICATION NO.4672
SHEET 1 OF 2
S:Uohs\13xx\13031SURVEYINGlDescrlptleas11303 COD DESC.doc
Fort Myers Office Somata Office Port Charlotte Office
10311 Six Mik Cypress Pkwy,Suite 1101 1144 Tallevast Road Suite 1115 12653 SW CR 769 Suite B
Fort Myers.Florida 33912 Sarasota,Florida 34243 Lake Suzy,Florida 34269
(239)939-5490 (941)360-1619 (941)625-1163
Fax(239)939-2523 Fax(941)360-691B Fax(941)625-1149
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EXHIBIT"2"TO CONSENT: Plan of Dissolution
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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 Iower 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
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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
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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
Ant.ST: COMMUNITY DEVELOPMENT
DISTRICT
At
1.4110
- .rte Chairperson,Board of Supervis. s
Exhibit A: Consent and Joinder of Landowners
Exhibit B:Plan of Dissolution
Exhibit C:Form Notice of Dissolution
3
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Exhibit B:Plan of Dissolution
II!
5
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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
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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.
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.
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Exhibit C:Fonn Notice of Dissolution
6
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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 PIan 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
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NAPLES DAILY NEWS (( Wednesday,January 7,2015 (( 23A
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
The Board of County Commissioners of Collier County,Florida(the"Board")hereby gives
notice that a public hearing shall be conducted in accordance with the requirements and
procedures of Section 190.046(9),Florida Statutes,commencing at 9:00 a.m.,in the Com-
mission Board Room,3rd Floor W.Harmon Turner Building(Bldg"F")Collier County Gov-
ernment Center, 3299 Tamiami Trail East, Naples, Florida on Tuesday,January 27,2015
to consider.
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 EFFEC-
TIVE DATE.
PROJECT
LEE COUNTY LOCATION
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Copies of the petition are on file at the Collier County Planning & Zoning Department,
Comprehensive Planning Section, at 2800 North Horseshoe Drive, Naples, Florida. All
interested persons are invited to attend.Any questions pertaining to the document should
be directed to the Planning & Zoning Department, Comprehensive Planning Section.
Written comments filed with the Clerk to the Board's Office prior to Tuesday,January 27,
. 2015,will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing,he will need a record of
that proceeding,and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.
Please contact the Collier County Facilities Management Department,located at 3335
Tamiami Trail East,Suite 101, Naples, FL 34112-5356, (239)252-8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK
•
COLLIER COUNTY,FLORIDA By: Ann Jennejohn,Deputy Clerk
TOM HENNING,CHAIRMAN (SEAL)
No.231123905 January 7.2015
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