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Backup Documents 05/06/1997 R ~'~" r:.j !~\~,. ," J," t ,\ T',' '/;'.J::.J Yr)S} .. '~.\.'" 0: ...~... j. ,. ;' ".,. ;' (.;: '.,~':~;~~_:: :;;~',~l ;~-(~~ ~,,'{in ~;}.. -.\t~'l 1:. fl\jfl '.\ . ...~'~' ~" :~.;\ ;-~;/ 1~,~; :{r:~ <\.~.;,~:!::' !. .l~' ~i<.J:;.( :1.";:1 'i.'. ;S':!:ll:~~,' ;"',' -j; ,,:,,~~: .. , .' t .(~d;:: tt~-:(:~:. :~~'!if ~i7f;~.~.:: -' ..:..... ~~~~ .':.~'; ;\t;~.: . ;".~ ~ :::1 . ~ .. I " , ';:\:'" '." .. .~ .:" ' Bee REGULAR MEETING OF MAY 6, 1997 . . , ~ ' ' .:. ~: ' ':: ~ ;'1 ..- .'. ~ ."" ' .,'~ ~.. :.':1' 'i,i::,~'~~]:W;f'h1j~J1-:;;:./ihfh~;:f@~'1 ;tf):~,;;t~;j~i~, .];'ttf:~:,;i!:r;r{~:;:fi;;:::i ::t " ,~~,- ";' . \,: ; .:..': .'~.> '.1," 1 .......... ":; , ,'".. , ,- ". ..' ..' .~~ .. .-;, .; ',", . " : t t, II ,- ~i J~,' ~, '."",' '.. . ;.i,' ....' "', { :".,.....; COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 6, 1997 9:00 A.M. NOTICE: ALL PERSONS mSRINO TO SPEAK ON ANY AG.&ND.A ITEM MU.'3T REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS T1IE BOARD ON SUBJECTS WHICH AAK NOT ON TlUS AGEMO.A t,"-TST BE SUBMITTED IN WRITING w:Im EXPLANATION TO 'l'HE COUll'ry MANAGER AT LEAST 13 DAYS PRIOR TO TXB: DATE OF THE MER'l'ING 1~ WILL BE HEARn ONDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING TBl!:RJtTO, AND THEREFORE MAY ~"EED TO ENSURE TlL'T A VERBATIM RECORD 01" THE PROCEEDINGS IS MADE,. WHICH RECORD INCLUDES Tm: Tl!:S'1'DroNY AND EVIDENCE UPON WHICH THE APPEAL I S TO BE BASl!:D. ALL REGISTE.RED PUBLIC BPEAXERs wrLL BE LIla'1'ED TO 1"l:V1!: (5) MIl-lUTEs UNLESS PERMISSION FOR ADDITIONAL 'l'I~a: IS GRAN'rKD BY THI: CIlAIRMAN . ASSISTED LISTENING DltVICES FOR THE HEARING IMPAIRED ARl!: AVAILABLE IN ~m COUNTY CO~~ISSrONERS' OFFICE. I.ONeH RECESS SCHEDULED FOR l~:OO NOON TO 1:00 P.M. 1. INVOCATION .'2 . PLEDGE OF ALr..EGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or Adoopted with changes 5/0 4 . APPROVAL OF MINUTES Approved an Presented 5/0 A. April 8, 1997 - Regular meeting B. April 15, 1997 - Regular meeting C. April 15, 1997 - WorkShop 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) PrOClamation proclaiming May 4-10, 1997 as eollier eounty Tourism Week. To be accepted by John Ayres, President of Visit Naples. Adopted 5/0 1 May 6, 1997 -.-.... -.-.----................---.,.......~....- -.... l. '1l.... ...--- 2) Proclamation proclaiming the month of Hay, 1997 as Motorcycle Safety and Awareness Month. To be accepted by Jim Morris, ehapter Director of The Gold Wing Road Riders Association. Adoopted 5/0 3) Proclamation proclaiming May 6, 1997 as Family and eommunity Educator Appreciation Week in Collier County. To be accepted by Doris Wolf, FCE County eouncil President and President of the Imrnokalee FeE elub; Jo Selvia, President of the Island FeE Club; Ann Hoskins, County Council FCE Secretary and President of the Henderson Creek FCE Club; Ruth Conroy, County eouncil FCE Treasurer and representing the North Naples FCE elub; and Jean Dunn, President of the Golden Gate FeE elub. Adopted 5/0 4) Proclamation proclaiming May 4-10, 1997 as Financial Counselor Appreciation Week. To be accepted by Cephus "Tab" Grier, Certi fied Financial Counselor. Adopted 5/0 B. SERVICE AWARDS - Pres~ntGd 1 ) Harilyn Matthes - Library - 15 years 2 ) Cheryl Stoter - Building Review & Permitting - 10 years 3) Joseph C. eollins - Department of Revenue - 10 years 4) Marion Satterfield - OCPM - 10 years c. PRESENTATIONS 1) Recommendation to recognize Jesse Komorny, Water Department, Public Works Division, as Employee of the Month for May, 1997. Recognized 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 1) General Fund (001) FY 96/97 2) Community Development Fund (113) FY 96/97 3) Facilities eonstruction Fund (301) FY 96/97 7. PUBLIC PETITIONS A. Douglas A. Wood, Siesky, Pilon & Wood regarding Ordinance 96-16 - No wake zone for elam Bay. No Action B. Fredrick Pauly regarding Brentwood PUD requesting 2 May 6, 1997 .::: t 2.} '~):\~;~; ~ \}<';i:~, ". . ,~.~. ';t':J ..---_._u____ ...... - --....-oq.T .'---..,- I t".---.- ll'~- 11 - -- m-- --_ zoning extension. No Action t~~:\.I~'~~: .j;-;~!: .; ....: ~.~ i 8. COl~ MANAGER'S REPORT A. COMWvNITY DEVELOPMENT << ~RONMENTAL SERVICES ....:.' ,:.'. 1) Staff review and recommendations relative to Ordinance 92-7, as amended, also known as the R. Roberts Estates PUD which. according to the re~lired PUD Status Report submitted by the property owner/agent, has not commenced construction as defined in Section 2.7.3.4 of the Collier County Land Development eode, resulting in several Coursp.s of action for the Board of County Commissioners to consider, Ros. 97-228 extending current POD approval to May 6, 1999. Adopted 5/0 :.... :~ l" ~. ~ .'....':. .:<~\J5 ~ .,.," '. ':'~:~-/;'.t~ 1':: :::i~:~~ .', - ~. ~'. ..~~~ '!'. ~ " ~ '. .~~\}~~:~. ~..:. :-~<:;:V "' :.'.'.~ ....-... . .::' .:..~.'!... . .. . -' '. ',~. . ; '. '~~\ ,;, . '. :.... B. PUBLIC WORKS Continued to 5/13/97 1) Options for constructing and maintaining median landscaping improvements within the Bonita Beach Road corridor along the Lee/Collier line, crE Project No. 031. Continuod to 5/13/97 .:.'~.:::~:i: :'f: I~<' ) .... . ~ " ..." , y~,":"'.:~~ h ~..,~:: ~/~~f< ~ . , :.,': '; ~~~"~ ~\. ~~ ~~?':' .1,~ ,:i:\:;~ i;'~.<.':~', o">;"'-r:.' .: ~. ,i' ~ .~t . 'l .'{ .....,.}. "('j':'! -<;.'..1....:( /', '., . ",'.... ::~: >~~ ~I . ~)~~. .'-~~ t;iW: >.~: .-..\,:.~ .:.. "~'.:" C. PUBLIC SERVICES 1) Reco~mendation that the Board of County eommissioners approve a bUdget amendment to pay increased mandated Medicaid costs. Approved 5/0 2) Recommendation that the Board of County Com.missicners continue for two weeks any discussion regarding the interlocal agreement with the City of Naples regarding beach parking. (Continued from 4/22/97 meeting.) Continue to Meeting of 5/20/97 5/0 D. SUPPORT SERVICES 1) Recowmendation to approve a budgetary proposal for the Collier County Group Health Plan. Approve Staff recommendation 5/0 Res. 97-229 Adopted 5/0 ~ Mov~d from Item 116D2 2) Recommendat.ion to award Bid #97-2662, "Tires, Tubes, and Related S~rvices. Awarded to variou. firm. li.ted in the Executive Summary 5/0 E. COt~ MANAGER ','J' ." /\,',:' .~~.~/,; :~ ;~'.. .: .j ~ '. . , ~ -," . j ).'.~ ~ 3 ;, :.. .'. t May 6, 1997 i:; ':'" /~~L;~i\~::l(!d;:'~i,)?::/~:; ~t. '.~;:'}:::;r-~{.:':J ';;I':~;;:'F:",~ :~'.'.'~:':: ::,' .};?~:~ .;'{; ~ " -l '.~. l~ ~. ....t. ~~ . /. '; t , ..--....----......................"..,.......r ~ .lilt..--... ,111--....--,.-.....--.. . -- ---'~'.<L...., 114. -- -- ~nr-~ 1) Approve funding for a Youth Invitational Soccer Tournament for $5,670. Tourist Development Funds, Category C. Approved 5/0 2) Approve funding for. a 20K Running Race for $3,000 Tourist Development Funds, Category C. Approved 5/0 3) eonsider funding a Seniors Bowling Tournament for $49,969 Tourist Development Funds. Category C. Approved 5/0 4) Approve funding of $126,404 for Sea Turtle Monitoring Tourist Development Category A Funds. Approved 5/0 9. coU}ny ATTORNEY'S REPORT A. Reco~mendation to accept a Settlement Proposal in Westwind eontracting, Inc. v. eollier eounty, Case No. 95-3939-eA-OI-TB, eollier eounty Circuit Court Approved; Staff directed to prep~re list of corrective action taken 5/0 B. Report on the Wilderness issue. Discus.ed 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Policy Technical Advisory Board. Res. 97-230 Adoptod 5/0 appointing Byron J. Meade, Brenda C. Fogel, Steven H. Bigelow & Jan M. Steven. B. Discussion regarding memberShip on the Juvenile Justice Council. (Co~~issioner Hancock) Comm. Mac'~ie to sarve as BCC member C. County employee tuition reimbursement benefits for higher education. (eo~missioner Constantine) Staff to prepare and present policy for consideration D. Error of Transmittal regarding the Growth Management Plan (eomrnissioner Constantine) Staff directed to transmit originally intended plan 5/0 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON G~~ TOPICS PUBLIC HEARINGS WILL BE BEARD IMMEDIATELY FOLLOWING STAFF ITEMS 4 May 6, 1997 12. ADVERTISED PUBLIC HE.ARINGS - BCC A. COMPREHENSIVE PLAN AMENDMEN'l'S B. ZONING AM:ENDMEN'l'S C. OTHER BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1} petition No. CU-97-S, Mr. Miles Scofield representing eraig & Karla Siebert requesting Conditional Use "1" of the "RSF-3" Zoning District to allow for a boat house for property located at 291 Seabreeze Avenue in eonnors Vanderbilt Beach Subdivision. (Continued from the meeting of 4/22/97) Re.. 97-231 Adopted SIO B . OTHER 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. First anniversary celebration of Midnight Basketball Program (Comm. Constantine) B. Update on County Manager contract (Comm. Hancock) 15. STAFF'S COMMUNICATIONS A. Edgar D. Ischler introduced as Public Works Administrator 16. CONSENT AGENDA - All matter. list.d under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed fo~ the Consent Agenda and considered separately. Approved and/or Adopted with changes 5/0 A. COMMUNITY DEVELOPMENT . ENVIRONMENTAL SERVICES 1) Requesting the Collier County Board of County eommissioners grant authorization for the Chairman to sign and certify to the correctness of the computer generated census maps and sign the boundary and annexation survey. 2) Recommendation that the Board of eounty Commissioners approve a le~se agreement between Collier County and North Naples Fire Control and Rescue District for utilization of an office at the Collier County Development Services Building 5 May 6, 1997 -...-...-...""'......__t_,__'""'...""'''''',_,___...''''''.....__.M''.,.'''''''''''...''''''''.'''',...,__."___ 11- and execute a Resolution regarding sarne. Reo. 97-225 B. FUBLIC WORKS 1) This item has been deleted. 2) Recommendation of a speed limit change to Creech Road in conformance with Board action on 8/6/96 and Resolution 96-340 allowir\g residential roadway speed limit reductions to twenty-five miles per hour (25 MPH) . 3) Execute an access easement appurtenant for a lot located in Section 4, Township 51 South, Range 26 East, A/KIA the e-4 Canal, Price Street Outfall. 4} Recommendation that the Board of County commissioners approve and accept drainage easements from three (3) property owners located in Guilford Acres, a subdivision, as recorded in Plat Book 3, Page 59. 5} Recommendation that the Board of County Commissioners approve changes to the 1997 Waste Tire Grant Budget and approve all appropriate budget amendments. 6) Request for authorization to acquire a parcel of right-of-way for Naples Boulevard (F/K/A Edgewood Drive); approval of budget amendment to fund the right-of-way purchase; and acceptance of the right-of-way for the purpose of recording same in the public records. 7} petition TM 96-020 for the Neigliliorhood Traffic Management Program to calm traffic on Pompei Lane located between Goodlette-Frank Road and Castello Drive. 8) Resolution designating the Public Works Administrator as authorized signee for the Collier County Water-Sewer District, the Marco Water and Sewer District and the Goodland Water District for execution of routine documents related to Public Works matters. Res. 97-226 ~) Award a construction contract to the Master Group, Inc. for Haldeman Creek AMIL Gates Repair and Rehabilitation, Bid No. 97-2660. Awarded to Mastera Group, Xnc. of C1ewiston, FL.' aid from Doug1as N. Biggins, Xnc. to be withdrawn 6 May 6, 1997 ,.,."._..--.0 , . .. I , ~ .. . 'J : \" . ~-. :.;. :' /~ . ~. ~ ,. ..~ "... ..,- <~., f'" .." ,:".; ~;~:.. .,' ~,~.; ~ :" ~ r ~.. 10) Approve funding for South County Regional Wast.ewater Treatment Facility Contract No.2 - Pretreatment, Aeration and Sludge Holding. Budget Amendment to segregate professional services costs through the State Revolving Fund low interest loan program : : ; :':~:.~' .\ ' ~.:" .~'.~::: , '~. 11) Approve Change Order No. 1 to Work Order No. JEI- FT-96-6 vlith Johnson Engineering, Inc. to revise the original scope of services to obtain permits for construction of Livingston Road Project No. 60061, eIE No. 53. In tnQ amount $7,800.00 12) This item has been deleted. ~. .;., . ~,~~..i...\~~~: ",. -: ..~ I ::'~\~~ . " " 'I' II .....,'. . ".' ~ ,~i ", '.t..-t" , " . ~ '; .. , l",_ .:~-:~ 13) Approve stipulated final judgment for right-of-way parcel No. 117A for the Vanderbilt Beach Road Four Laning Project, (CIE No. 023). Staff directed to deposit $6,6G6.00 into the Court Registry within 30 day~ of the date of Stipulated Final Judgsment & submit follow up resolution for truck weight limit signs along Pelican Ridge Blvd. .\ :...<:~ ~"'.'~d f "', '. .;., "..;:::~ .:',;.:;; ';:' :~~ ~, /.,-. ~~ . :~ " < ~ -.:" ~~ 14) Approve Supplemental Agreement No. 5 to the Consulting Landscape Architect Services Agreement \vith McGee & Associates, Inc. for the Immokalee Beautification M.S.T.U. In tha amount of $20,000.00 \ ,~~,:~~- '... ,.. 15) Initiate development of Regional Impact (DRI) Project for the Collier County Government Center (CCGC) and approve Work Order #ABB-Q7 with Agnoli, Barber, and Brundage, Inc. for surveying and mapping services. ,,( <',~j~ --~ . "l .. " " ... , . ...::. ~ ','.' ! :~" ~,.~~~~~ ~.- ,: .... -:_ . ~.':l ~.: :! '.~r: . .':'1, " :t ,. " ';<-~<: .' ':J " t -I.~ , " ; 16) Approve a Budget Amendment to fund construction of a by-pass water line around the Quail Creek Water plant Site. ~~ :'~ ~:~ .\~.; ,. '~ ,: ~. ': . \. ~ . ""',; " :1 ;;:~.)~ " ,,'. .~ " .':; ~ I ~~, '( 17) Request the Board authorize the Chairman to execute an Escrow Agreement for payment of funds previously authorized. For Orange Blossom Drive improv~ents . ~ . t C. PUBLIC SERVICES ~ - ~ , .,~" -/ .. 1) Award of contract for Marco Island Library landscape installation and maintenance bid 97--2656, Awnrded to Hannula Landscaping Co., in the amount of $141,013.00 '." .. .'r" . ~ ..'.. ~.\; I .~:-:~,~~,) . . "'~ ~ /,.. , ...... , "~' - -,," 2) Recommendation that the Board of County 7 " 'I ";. :.. May 6, 1997 ~ ;.;,",,". . - ~, .:1:' ~.~. ", ;,' ~>\t ..' ,>'" ~ :'~ ;(.';. ,; ,'~-,' i</ v:;;r '.." ~,.'.-t .~\~ \\'-,' -"l~~ ' ~ R!'J'~: \ l,~. ':~' ~~ '.~! ~>' ".' I'; ;'.1 ~'.l i:'~\,,; .~, \;,.1 ~ J .{:: .>,'l.<' I' " ,I.. 1'" J~."""H....,~,, .,~t_..\.r""it",:'t/'!i-,;:."./.-1\.,-:.rl :"j1-1:,..("~.J'.';_"1,.,. ;'('. ,":~,:J_..v..l:'''~:itJ\~':f "'l':i""I~' "~~ . <:.:,;~);: ~ ;;j, :'.;"~ ",~(:~\~.<~K) f.:f ,:,.lj. ;~ '.:', ?'~/l' .!;l' ,.;.,:' '""it :,::~ ;;., .''':~: .~~? !t:':,:, ,", ~'.',;,:, :"'." " ': ',i, ::~.:' :, ''''.~\',':':~:C'<'\l~~:: .;'~,';. .' I , .~ ;' , '"', ... '. .\ . ' ...J (....,. \ ..... lo'~' . . ."...........-. ....1 ..........""...--'- -- ~ Commissioners approve the attached budget amendment for improvements at the Golden Gate Aquatic facility. D. SUPPORT SER\r:tCES 1) Recommendation that the Board of County Co~missioners approve a Lease Agreement between Collier County and East Naples Fire Control and Rescue District. Moved to Item 18D2 2) Recommendat.ion to award Bid 897-2662, "Tires, Tubes, and Related Services. Moved to Item '8D2 3) Recommendation to accept and adopt a Grant Agreement between the Florida Department of community Affairs and Collier County for the purchase and installation of a radio transmitter and back-up power supply to broadcast weather information from the National Weather Service Office-lviiami. Grant Agro&~ent 197CP-07-09-21-01-104 4) Recommendation for the Board of eount.y Co~missioners to authorize the Board Chairman to sign a Memorandum of understanding for a Summer Youth Program. E. COUNTY MANAGER 1) Recommendation to the Board of County Commissioners to authorize the advertisement for three successive weeks of a notice of consideration of a cable television franchise. Public Rearing to be hold June 17, 1997 F. BOARD OF COUUfY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) c~tific~te of~~~~ion; NEED MOTION authorizing the chairman to sign Certificate of Correction to the tax rolls as presented by the Property Appraiser'S Office. RECOMMEND APPROVAL. 2) Satisfaction of-LJ~: NEED MOTION authorizing the Chairman to sign satisfaction of Lien for Services of the Public Defender for Case Nos.: 96-10499- ~~; 96-7100-MMA; 96-8944-r~; 97-1098-MMA: 96- 8610-MMA: 96-7787-MMA; 96-1639-CFAi 96-4483-MMAi 96-847B-MMAi 97-71B-MMA: 94-1975-CFA; 95-4614-MMA; 95-2186-CFAj 96-2334-CFA; 96-2330-CFAi 88-1569- CFA; 96-8823-MMA; 94-935-CJA; 96-525-CFA: 97-1816- B May 6, 1997 n"'l...._._,~."".......IW ..--..-.-""""''''-...'''.-.........---.-...''''''..-........'.''''',....--'''..--- I, )...,.:,(: j, I, ' .".r ..' ".;". ,. ~ ;~.} '~~i' ~~ ,- ;........" ~ -I.:.... t . ,~\"i ~I:.;l .~~ ::::>' MMA; 96-1593-CFA; 93-685-CFA: 93-3437-MMA; 97-812- ~~~.; 97-499-MMA; 97-928-~~: 97-915-MMA and 96- 948-CFA. ... : ~~, ~ ,,~~;:},~, ',,-.. ; ~ . ',,,:~ . l::;:\~ :~,~ ::'-,:1:' . ',j:. 3) Miscellaneous items to file for record with action as directed. H. 0'l'HER CONSTI'rO'l':tONAL OFFICERS "ft;' 1) Recon~lendations to approve a resolution between the Board of County eornmissioners and Sprint/United Telephone eompany of Florida. Rea. 97-227 for enhanced Emergency -911- .ervice - equipment .. ':, :.~:L:~. .~..:. -,: \... ' I, ":"~~ .' ",,' , ''''..' , ~ ~""'I~ "';~./ ,"':' ,-' , >",',':' .i:>.':' " . ..f '~'.:o: 2) To inform the Board of County Commissioners of the elerk of the Circuit Court's settlement arrangement in the matter of Dwight E. Brock as Clerk of the Circuit Court of Collier County V. Securities America, Inc. A/KIA Untied Securities America, Inc., and to request the Board to authorize a general release from claims against Securities America rp.garding this matter. . -~~ :.~'>~ " 'v: ,,',t , ~ , " ~'~. ..;. .' ~' >. . ...":. ~ ~ " .';j '..'. I . COUNTY A'1'TORNEY ".' .' . ~... . 1) Board approval of recordation of Release Agreement, implementing a portion of the Settlement Agreement for Hideaway Beach. per previous agenda Item 9(A), September 26. 1995. ..~. t.:,:;' 1:,:'_..:.... . f. t~ ,-' .,.'... " :':..~;~~. ~ '. ).......: .' ~~' ..-.:/....,Z :..~::-.~. 17. ADJOURN '. .~ ~ ':;~" j ,.~..._::~. ~~ I ... ",. ..' .~." "'..' . " ..,. .'~ -;'. 'j. ~,~>?~ .~. >:~. :.">~:/' ~ ."1 :~: .~ ~~~.~ ,;_. '("t '.' . --;.:':; " ,I '. ;~~'; ',' '1> .~ ': ,! ., #- ~ , /.' '. :. ;', ~ ....' < 9 -.:\ , -;.:f' , :' ,~ May 6, 1997 . .:~:'(;Y;;~;:~'~~i~8;:;~\t.)!I~~i~:~:'~;h~d:~}~:.i.f,:i,:i:';6;':~f;y~~~~r...;r;?,::~: !":: ;i!{lt;:~,Y.;,.".<'" \:: ::: :;.:;::~<\': ; /.:X:. ~ ~.~. '.~:' :::,;',:, ..,.::. ',,': !, ~ "1 . ::'. . r-: '.. ' ',' ..... ,1" '.f---"'_W"'l~~-[Jll.'r-..n lr-aAl1 -r- -.r-- ~---~-...- H4~lt. Ollly Hewt Kepl.., 'L 33940 Aifld4vlt of ~blleatlon -- --- ----....---- -- - -- --------- --.----- ------------+--- ---------------------- &OARD OF COVNT'( COI'III I SS ImlERS f ItlA~Cf DEPT. - TOOl CRAIILlHlJ PO IlOX 4H016 "APlES fL 34HlI-~1~ NOTICE OF P\G.IC MEET1NG BO,lRO OF COUMTY COM.W$SIOtER!, COllIER COUNTY t FL~DA TlIttdaV. May.. ltt7 9:00 A.M. IlC1Ict b Mr.ov ....." tId '" COIlIt Countv 6ocr'cl << CDlrit C~ wi! meal In 1ht Boanfs QlorrIbtn Cltl .. md Floor uf 1M ~T"~lIi..llcln BIMIno (WId- In9 "F') at the CoMIr Cmrt1 Gvr.mn*" ~.. ~ FIorlda. to conc1d tilt bu.-.lntu at CuIlW CcMlIv. at h elboW s1tdtoj ...... and dalt. ~ of ltlt 00tndcI for sold rnetflrtg wm bIl made avol~ to 1tlt prns and mt:1>( bf ~ at the CIftlct of tit <MlIV ~, samt 1ocaIIon, tome period of ttme. Ally penon wflO ded6ts to CIIlPtCII 0 decision of thb Board wm nttd 0 I1CIlnl of t.~~=~ tlm ncard of tit p; octtdngs " mocMl wtIIch I1CIlnl InducIIs ltlt ttdmony ana IYIdt1'a upon whk:It the 0PPt0I b to be boM<1 80ARlJ Of COUNTY COMMl5SlONER$ COLLIER Coy~ FLORIOA TIA\OTHV L. ~OCK, CH"IR~ OWIGHT e; eR~ ClERK By: ,\, McM'etlI KtrlVOlI Dewtv CIeri Mev 4 Ho. '(7594 RffERHICE: ocnno -701C!J7 ~748221Z HOTICE Of PV8l1C "EE State of Florid~ County of Collier Before ~h. und~r~ign~ authority, pcrlonelly IrPure<l O. l.,llIh, \ihQ on 06th 11)'1 that ch. urvtl liS the Auhtont Corporate Secretary of tht h.plr. Dally Newn, a daily n.w.~ptr publl.htd at Keplt., in Collier County, Horld.: th.t the aUuhf!d copy of a<.IverthinQ wu publhhtd in uid M\/Ip.pcr on d<ltes 1 \DUd. "tf ilnt furthtr uy. t""t the ..id "'plt. Daily Nnw. 1, I nrw'p.p~r publllhtd lit Haple., In .a1d Collier C~ty, rlorio., and tklt the .Iid n~lpoper he, heretofore been tontinuoully pl~ll,hed in I.id collltr C~~ty, '\oridft, ..~h day al~ h., bton .nter~l IS ..cend el... aoil ftltter at tht po.t office in Haple., in .,id Collier County, florida, for I r~r1od 01 1 y.ar next preceding the first p\~licatlon 01 tho ~tt~chtd copy of edvertl.~nt; tnd ,fflMlt further "ys that sht nel ntlthtr plld nor pro~I.~ Iny per,on, fir. or toporatlon any rllccount, rebAte, c~ils10n or refund for tht purpolt of .,curlng '.hio ~vfrti.e.t~t for publir.otlon in the .Ilid nelllplper. PUOLl SitE DOll: O'5{Ot. AD SPACE: 3.7~O INCH f/.lED Off: ~{O~/97 --------------- ----------..---. -- ---------------+--------- ---------------- per.onolly known by at _ 1117 Signature of Affiant Sworn to tnd Subacribtd ...t~'~~.:.f:..... ,1"'\- .".. ~ ",. , "'r"~ ,'. ,/I ~.\ ". '"c" ..'l !.:" '/:.~ '~.. /,.... C!'j','\f,:>,':',,- rrs ...".......:~) . ". \r.':'~"",t./ /..1, , ".:;~,~"", 1J{l:~CI:::1Ul~,.,. ...:'~ ~...~~.....~.."'-.r.........""l.........-1J..................II[''''~I..,.~..n'"'.IIICr~._..:r''I_....,.1fI;:.~4 .. , .~ ~~.~~.~~~..4;~~. );1{~ , J',~ M.1plet Dei ly Hevs ~~lt" FL 33940 ~11idavit 01 Publication l ,J . ! __________________________________________________t___________________-------- NofSI'..l!: N'~~~~=~r~;r~~~ ACF..NOA MIf.)T BE suaMlTTED IN W~lTlNG WfTM EXPUHATlON TO MAtlAra AT LEAST 1.1 OA YS ~IOR TO nE DATE Of TIE Mr:.ETlHG IQ~O UI'!DER "P\!BLIC PETfTlONS", ANY f'€RSON WHO OEOOES TO AMAl. A OEOSK>M OF nA BOoAl A RC-<:ORO OF TIlE PROCEEDINGS I'9T ANNG niERETo. AHO TIt HEED TO ENSURE THAT A VERBATIM RE-COfcO OF THE PnOCEEDll WHICH R.EC.ORD IN'..t.UOES m::. TESTIMONY JJI) EVtlElfCE IA'QH Vi PEAL IS TO BE IUSED. AlL REr,IS1""ERED PV8L1C SPE.&XERS M..1. fIE lJ.lNTE) TO FIVE (5 LES.S PERMl$SION F~ AOOl'TlOfoW.. TWE 1$ GRAH1l:D ay nE OlAR........H. ASSlS~..o 1.ISTENlNG oevr:ES FOR TlE IEAAING IMPIJREO ME TIE COUNTY Co.~' 0FI'1CE. LUNCH RECE~ SOf-:cuLEl F~ 1~ NOON TO 1~ P JA. 1. INVOCA TlON 1 PtEOOE. Of ALLEGIAHC.:E 1 ~(NAl OF AGENDA AI<<) CONWf1' AGaI>A ... APPROVAl OF MINUTES "_~'~lm.R~~ a April h, 1997 . R.eQUkr mHIIng 5.C.Pf(~~199J,o..~:..o~VtCE AWAJl!J$ . 10. ~0C1.A}M T1ON$ 1) Prct\QmQIlon ~ ~ 4-1\1, 1997 os Clllk CNIty Touisl ocupltd bot ~~PmldtntotVls! ~ 2) ~ ~ the month 0{ MilY, m7 os Mob't'1dt SGI IN$S MonftI. To c;cce,;lltcl b1 JIm Mans. OQ1llr 0Ircd0r 01 The ' RIde!l~ 3) Pro<:bnc;lIon ~ Ikt1 .. 1997 . Rdy ft ~ E< albt ~ In c.- CrNriy. To be ClCQlP4Id b"t o.1s WIIf~ dent onll Pmldert d a,o lrrlr/d;alee Fa: C>>; JD SIMa, . ~ /oM ~~CoIny tNd FeE ~cvd PM" 01 NartlI ~ ~Oib;ClNO:~J:r:,h ~ ~o 4) f'rOda1nafion~ ~ 4-1f. 1997 CIS Filandal c.me weelt. TON ' by~"'CIb.Grirr,CernftedFh:sldal~..-r. 8. SERVICE A WAR ~ Mal!yn Matlbts .lllnlrY . 15 yecn . Chrfl S'* .~R....... a. ~. 11 yws 3 ~ C. CllIlr:\. ~_ of RMlD' 10 y\U'1 ~ Mcrfon Satter1Ield . OCPM . iO VU\ C. PRESEIfI"'" TJONS AD SPACE: 47.500 INCH 1) R~ to ~ Jesse lCorncny, Water ~ F I LEO ON: 05/0'5/97 Dlvblon, en F~ or ltle MonltIIIlr 1kt1, 1997. 6-APPROVAlOF a..ERlC'$REPORT ' --------------------------------~--------..-- A. AI.:At. ~A OF OiAHGES TO ~ FCR ~ , " .' n~FuM(Q01)FY961f7 S1gr.ature of Affiant .. ;' \ '. cumm.IIl'./ly~ntFII'd(lUJFY"m I . l'lA 3 FodIItJeS Construct FlIld (:101) FY 96If7 Sworn to end Subsc:ribed before" thh .J.P.- dey of ...!L.l..t\ 7.P\JtllICF1ITlTlOtG Personl:llly knol/O by.e ljtJ11 ~_ ...~.~. ~~ A. Wood, S!tsky, Plan 10 WlMld r~ 0rlfncr0ae...14. I 4..t~ a FreaidI. PtJJly ~ Inrt.-ood POO ~ JIllrinQ exWeIon. J '.COUNTY MANAGa'$R&oRT A. COMMI....rrV OEVaOPMENT 10 ENVIROIWiENT N.. ~ 1} Sloll rtview end rtCiG4,..ltoldri_ rtlaIwe " 0rdIncIa !2:70 lu1O'Wl\ lIS ~ R. Rlltlerts EskItes P\JO ~0CCU"lIn0 to III ~ IlCrl subrnIhd by 1ht ~ ~I haI ad ClXMlrttlClld CiC ...~;.:i,\:'!~~... :C',:: r. IlLAZlEA ~ In SedIon 2.7.3.4 fi the ~ lJnI ~ ( ':.' j. ..t\ ,'\' rl),",,~"r', . -"'-\1'\ rv..n. ~~Gf adIon ferlhe BocI'datCclur1ttCarl'lll'llssbwntoc:onsidl '. '.<' :', ' .." .,. J.' \, ....~ ,..e'n< aP\J6lICWORKS .,.,.J.,.,'~,.,.,.,.,.,~.: ' ::~ 1:.',. ll_~D.!!'...consinIdingR._"-U-~~19 ~,~Pr" ~.....1n1 t.-:..t.i~' i :-.~ ':". .~'I .:.'1.~.~~:r..:,...:.;:.lhC lite QUltU\J gil;f..""'U VUW'-""I...............'V ~.-.r; CE PrWed r4. C. PU8t.1C SERVICES . 1) R~rdotlon tIlat 1M Ilocrd fI CoI.II1 eo....~.n Q omtIlCImInt to pay Irlc::reosad IIlCIndIa8fd MedalId costs. 2) RC<<llMltl.clollclh that ftle Bocnf ., c.nv CammIssIoners ccnIIr.1 ary lIsc\&sslonF the WIr10aII ..... w4IIl .. Qfy 01 beOd\ Jl(lltlno. ~ from 4Itlm meetlnOJ D. S'JPPORT SER ~~ b ~ 0 ~ IlnlClOIOl fer ~ CoI E. COUNTY MANAGER 1) ApclrcJYe fIn:Ing fer a YwItl t.'MIaIonaI m. TCU'lU'IW'lt fer : vt\opmel1t Funds. Cateoorv C. :) ~ fIr4no "-0 2llK Ib:mIno Race tar ~ TNtsf 0. CaIegorv C. 3) ~ Mdlng 0 !tnIan eowtnt TOI.I'lIQI'Ilent tar S49,'" Tc FInIS, CahOorY C. 4) A(I(1ttNI turdng tA S 126,.404 fer $eo TlrlII Mrnb11q TClU1st De ry A FlIldL t, COUNTY ATTORterS REPORT " , \' 1 . ',)\'" : \..: .;:~ 1'".' .~.~ 5 ;':J,\~j ~ :1,'>:, .' '::- , ., J.. ;:~'+..~: .~~~{i J. "'t,. . P",'AllD Of COOIHY C:~ff\:S~JOOER~ FINANCE DEPT. - Teel GR~~LING PO !'lOX 413016 NAPLES fL 34101-}o16 ~ ;,' '.: ,';. .":'.i\\.;,,:'t~' .~:~,:\?? '~::~,:,::'} 1 ," :-". .~ .,:':';\f' :\ :.~ ( " REfERF.HCE: 001230 57W915 COLLIER COUHTY 8OA~D State of floride C~Jnty of C~ltier Before the undersigned authority, personelly appeared 8. La~, who en Oftth say~ that she serve, ll$ the A"i~tMt corporate S~c:retary of the Hapl~s D~ily Hew" a d~ily new'paper publi,hed at Naples, in Cotlier County, Florida: that the attac:hed c:opy of advertising was published in .aid new'paper on dates li,ted. Affient furt~'r say' that the .aid Hapl~$ D~ily H~, is . new,paper publi,hed at Naple" in said Cotlier C~~ty, florida, and that tho said newspaper has heret01cre been continuously published in said Collier County, Florida, eoch day and NU been entered at socond cleat _i l I~tter at the post office in ~splf', in soid Collier County, Florida, 10r I period of 1 year next preceding the flrllt po.lbtiCltion d the attac:hed c:opy of edvertile.enti and af1iant further say' that she has neither paid nor pro<<is~ any persen, fir. or coporation any disc:ount, rebate, c:on.ission or refund for th~ purpose of securing this edvertiseBent for pJblic:ati~ in the said np-wspaper. " ,. . " ; '\ . . tI . ~.; ~:;.: -1'1- ':,,, .. .~ '.",~ ~~. ':.~ 4. '~::;')~ ::' ;..~ ': :.~~!~ .';" ',..t .'.::'~' ... ;~~.f ., ~< :.' ~ ." PUBLISHED ON: 05/04 : ~"~ .:~: , ..( _.. ~:', _':1.. ,.. "... ....-.... >:": !~:;4/ 'tl'~, :"/. :,::t ,;;;~l . ',:". '. . .,.... '-','.' ;'t '. :4 ( .. ,I . .J" . . , . , . ,,~~.. ",If" , , ~.' ,>,~.:. ., I .. "..~ t.>~' ':....' :.,~':,~ ~-~. ...,....,... " COLLER COUNTY BOARD Of COVKTY ~S AGf.If:)A ~'J::! , " {~..:.i :;f':;'lhi1\!: :~;:~~fi';~\[fJ!;;;i~Jn:?J??;.~~~;,lE!:iy:~:;~~r .oj, v-_...,..;,._.. ""~old"~ ". ."...,~,...;,,~_"''''''',....,..,~,'''''...''''''.4...'._.. 3 AGENDA BOARD OF COUNTY COMMISSIONERS I MEETING MAY 6, 1997 CONTINUE: ITEM 8 (B) (1) TO 5/13 MEETING: OPTIONS FOR CONSTRUeTING AND MAINTAINING MEDIAN LANDSCAPING IMPROVEMENTS WITHIN THE BONITA BEACH ROAD CORRIDOR ALONG THE LEE/COLLIER LINE, eIE PROJEeT NO. 031. (STAFF'S REQUEST) . MOVE: I.TEM 16 (D) (2) TO 8 (D) (2) - RECOMMENDATION: TO AWARD BID #97-2662, TIRES, TUBES, AND RELATED SERVICES. (STAFF'S REQUEST) . ~,_..._-,.......<~-- 5 A 1 UOCLA MA TION WHEREAS, the travel and tourism industry supports the vitai interests a/Collier County. contributing to our employment, economic pros~rity, peace, understanding and goodwill; and WHEREAS, travel and tourism ranks as one a/Collier County'., largest industrits in terms o/revenues generated: and WHEREAS, approximately 3,000,000 travelers visiting Collier County conJributed 27.53" o/the annual taxable sales to the economy In 1996: and WHEREAS, those travelers providedjobs/or approximately 22.000 citizens in Colli~r WHEREAS, County: and 1',<::~:fJ~~':~}5..'t<\~:t ;\^;,~ .:1'.." ,::,f\ ~>"..I.,.> '.'.f',.(1, 'II-. " . .~/'ir!DI~1.,(1!'!J"~ople than any OIMr .' _7n~~!.rj a'~~'~ ~> industry;'J~i~:l~~~, ~':: ;'\' A~;~;~:,~J>~~\ . . .,/,: )''- ,t:,~:~~~_" giv~" ,'!i/ilifdable CQ~'!iblll\ia.ns 10 t~ lcpnomti, ~ . '~~\~iI #.~.lf\"'~!..'.J ,t I "\ l~' .~~ ' . .,:i'))l .~..':' ....,},~ ~,"'~" , .k,..,......1 b " citizens ;'Fi{l!ier,c,(l~~~~~tfy thil(iJ o/trave!~ll ndtourism.'; >,:-:'f~~:;j ',' " l, \ .t A' ,;' ""':~~'/ ~'..:r- ~-~, ;;., ".." .. '~' , . ~ .. , rocl4iJt_ffP,1Y 1M BO(ltt! MC,ounty Co . ' o/Collier , i;;f, 'ol,''I..... ",: .'~"~)' .~"'.. i" ~~' ~," .', " , ' .~ .t..n~ . C/:,:~. i.::'hda. that ~h4,~dofMay4 - /0. 19~~,j t,~tedas "i,~(;!i.,~\ ""\i .,:.i ...,..: ,/ ~,.. ",~':,~~.~ ~,~~, ';'o"lf:;' ~, -~ ~'!" ~~}'iF "~ .'.:.:.' ..;'^ WHEREAS, . 1M NOWTHEREF DONE AND ORDERED IT pj ~.9"M.& ~RoCK, C ERK 5 A 2 PROCLAMA TION WlIEREAS, motorcycles are increasingly being used (JS a regular means oftranspor/CItion due to the current need to consen'efuel and our stale 'sfavorab/e climatefor this mode of transportation: and WHEREAS, tlte motorcycle is an energy-efficient vehicle that reduces fuel consumption. traffic and parking congestion; and WHEREAS, the motorcycle has proved to be an importantform of transportation for commuting, as well as touring and recreation both on and off the roads; anci WHEREAS, NOW THEREFORE. b~;Jtite& 'tG1i1ie' Boar' 0 ' : ,ioners of Collier ,/i "" 'J",,"ir.:.J,,'~. ,i.~ /-/~.:~~ ,,_,,'-:Jf~':'~> , ", ...~: n' .~..,..~: Coumy, ',"",'.:F1or,':f.~ that the n:'ont/l ~fii.'.Marn097 ' ," . ,'11#ft, a, t~'" as .. ~>" ", "'" ~>>t " 1 ,.;..r"", M"': :"'>,:~:"'~ .,:~,("" ~-,..:., ~ "", ~. of . If )' I' ~ . ~ . ,~.;~~ ~Jioro.RtYCLE sAfEtlA.ND,A'Wfu~~~';' 'T .\~v .,t',~",.",t', ~,"";I V I f' ~, ."".~r,;''''.#~ '~:':f.a"Jt:: .' ".... )', '~,..~-~~~.,IIIf\",,,""''''~f iri~;on ofthe.,.,ee4for a grea.ttr'~!c;,'Jwar G' t\ ,i.~ ,,~ f~ ' } \'~, h..">:.,~ ~, and itlP'.OJ1!' Il$t o~(J1I'~hlghways. \ ~~$:~;!:~' "~'l.t,'., .~; ~ '\\)l DONE AND ORD~ THIS 6th DdY.ofJJ.ay, 1997.'" ~~,\.". ',r';' ., ' \' 5 A 3 PROCJ.AMA TION WHEREAS, Family and Community Educator volunteers are an integral part of Collier County Government; and WHEREAS, the Collier County FCE program offers opportunities for citizens who wish to volunteer in a \'Griet}' of different waYf, such as sharing educational lnformalio1J with adults and youths: and WHEREAS, during the past 5 years, the FCE organization has donated in excess oj 12,000 ha!ir.~ to the Cooperative Extension Service and the Community: and WHEREAS, Family and Community Educators support such worthwhile efforts as the 411 Youth Development Program and the Collier County Agricultural Fair; and WHEREAS, without Family and Community Educators the quality of service to Collier County residents and their children would be greatly reduced. NOW THEREFORE, be it proclaimed by the Board of County Commissioners oJCollier County. Florida, that gr (i!u..44,~appreciation is extended to all the Family and Community ~ "" 7i!.iet$i)v.' 0 their time and energies to CoJ/ier Cou~~> · .t:', ,:'1 ~~. is*, .,' ,<.J)ler.County Commissioners, do affir~ .~~; <, '<'r.4~.q;t .ti#!!~1~{1~1l"f..~" ~'!:tty Educator program.. and va~Ut.;~" " ' ..., 'tp with the UnIVtf.ff~ ". '. ';,. Cooperative Extension ServiH~:vg~&~fflt these citize11f(who,b4v.e l:' .,', ,to Collier County. and mtfe~~Voc/aim !iJ),~~~} i~~!~~ ~ ~). ~, :'NVD COMJ'{d"'D1'~l1(j;4,~~;tfPR ~ f WEEf{ IN COlLIE~OUNTt ~ ' . ~ < "':.o,....--~;) , 1 ~"'!>,=> :t~~..~ J ""~THIS 6~'f" QlI'oJ Mg}'.iWI '9~~>> . l~~ ",' ~r f:~~ I; .,~ ~ l~ \\\~ W;l' .~..tRir,1{ OUNTYC ~r;(jLUER COUNTY. F f'j t...n' ..,,1t ;. PROCldLMA TION 5 A 4 WHERE4S, Financial Counsel'or volunteers are an integral part of Collier County Government; and WHEREAS, the Collier County Financial Counselor program offers opportunitiesfor citizens who wi.fh to offer their time and talents to help families and individllals become competent money managers; and WHEREAS, Financial COl/nselors play a critical role in the success of the Extension's Home Loan Program by offering Homebuyers Educational Training to Home Loan applicants; and WHEREAS. this Homebuyers Training emphasizes thefrnancinl obligations ofa new homeowner, thus helping to safeguard over 55 million in home ioansfrom foreclosures; and WHEREAS, Financial Counselors also offer one-on-one credit counseling to persons who would like to qualify for the Home Loan Program; and <(.....~~:t'tt~.1~;~,~_.. ~ WHEREAS, without the volu(J~~fti~~Ftk!i~~J.i~~#t., Collier Coun',eiflltHis'WOUlH;Jjd," d:i:~f" "':~~~~;~~~;' , NOW THEREFORE. ~(iii!p,cby"the Board (; , . Count:jWFtiiFJ/!~ 'Jat gratitude an4"Oppre{~ar4 , Fin=t81~Fe/or vol'!fJleq:(wif,~i~.~fJhf.' ~~""i",~'~~;:~:~n~~:::ttdtf~~J~~S:r i~:' , ~~~liip with theciniJersitj/oJi:totjC/t!;~;,p1frati '</' ~~7tf1~k!hese citizeJ:s whp Ju:iveg!ty"t'i~:m..Utt,. to C Ptdcl~May 4 -1~\J997 as, ~::t,~:",,/,,;;,'::i7' '~::~;~~~j}J~:< ):~ _ ~,fr> '-;"~ .".~' ~ ,." -:~~ 1 ;.' ~;: ':::: '.~ >'" 1::*r:"'^~'<"CL4lcofiNSELOR'APPit.ECL4 TIO Jiv"cQuiER COUNTY 'PV" Daj':b,' AW1, >tLQ.91. , tVfH \.H"X '~JiOA.RJjf)~ ~.,",::~ :', ~ ,:.." '11~, ,,~"<.'~ ._,~';:" :<,;~ft.. DONE AND ORDEJUID, ..~~~:; ~",' 8 A 1 RESOLUTION 97-~ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINMiCE 92-7 KNOWN AS R. ROBERTS ESTATES PUD, EXTENDING THE CURRENT PUD APPROVAL TO MAY 6, 1999; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the R. Roberts Estates PUD, Ordinance 92-7 adopted on January 21, 1992, is subject to the provisions of section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier county Growth Management Plan; and WHEREAS, the Board of county commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for two years, until May 6, 1999; and NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier county, Florida that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of section 2.7.3.4 of the LOC. 3. Pursuant to said section of the LOC, the current PUD approval is hereby extended to May 6, 1999; at the end of which time the owner shall submit to the procedures in LDC section 2.7.3.4. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. U M i This Resolution adopted after motion, second and majority vote. Done this day of , 1997. 6th Hay BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .~.t.~t ~ , ,V ~"l ..NJ:v~ . "';.\. . J :~..:r I ATTEST .... " ...... . ) ,.~~IGH~ ""k~:,: ~RO~~, CLERK ~B;: i.d:v~ ~~ 6P.e. AP,PROVED AS To FORM AND LEGAL SUFFICIENCY: 'I ..."...... ,. \. . ~ t- ..' ') ~ ' . J'\C..;..i(.\......, Ii ,~C((<t., ,,:.. MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY fIR. Robert. Eetate. PUDI 8 0 1 RESOLUTION NO. 97-229 A RESOLUTION DECLARING THAT EMPLOYEES COVERED UNDER THE COUNTY'S SELF-FUNDED MEDICAL BENEFIT PLAN HAVE PERFORMED IN AN EXCEPTIONAL MANNER AND SHOULD RECEIVED BONUS COMPENSATION; PROVIDING FOR ELIGIBLE EMPLOYEES; DECLARING THAT MONIES TO BE DISBURSED ARE IN ACCORDANCE WITH ~125.01(1)(bb), FLORIDA STATUTES; AND DIRECTING STAFF AND THE CLERK OF COURTS TO MAKE THE NECESSARY DISBURSEMENT OF BONUS FUNDS. WHEREAS. on May 6. 1997. in agenda item number 8(0)(1) the Board of County Commissioners ("Board") was infonned by Support Services Administrator, Leo Ochs. Jr.. that the Collier County self-funded Medical Benefit Plan is in such good financial condition that it is necessary to recommend measures 10 the Board to reduce excess funds in the program; and WHEREAS. St30' has explained Ihat the excellent financial condition of the Medical Benefit Plan is due to: the existence of few catastrophic claims: implementation by the Board of an excellent managed care program; and the prurient use of a higher deductible option by Collier County Employees covered under the program; and WHEREAS. the objective of the Medical Benefit Plan of the County is to break even on an annual basis as opposed to generating profits; and WHEREAS. Staff has recommended that excess funds in the Plan be reduced by three measures: I) eight (8) premium holidays; 2) a rcduction of next year's premiums; and 3) declaring an experience incentive bonus for employees in recognition of their efforts in the judicious use of the Benefit Plan: amI WHEREAS. the experience incentive bonus for employees recommended by staff is not intended and is not, in fact. a return on contributions made by individuals: and WHEREAS. *215.425. Florida Statutes. prohibits extra compensation being paid to employees; and WHEREAS. Attorney General Opinion 93-13 explains that *215.425. Florida Statute.f. prohibits extra compensation to be paid unless allowed under specific statutory authorization: and WHEREAS. ~ 125.01 (I )(bb), Florida Statutes, provides that: (bb) Notwithstanding the prohibition against extra compensation set forth in s. 215.425. provide for an extra compensation program. including a lump-sum bonus payment program, to reward outstanding employees whose perfonnance exceeds standards, if the program provides that a bonus payment may not be included in an employee's regular base rate of pay and may not be carried forward in subsequent years. and; WHEREAS. the Board of eounty Commissioners wishes to express its congratulations to Str.IT and all employees of the County covered by the program for exemplary use of the H U 1 program by providing for a premium holiday, a reduction in next year's premium and a one-time cash bonus to recognize exemplary employee performance in the use of the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. TIle Board of County Commissioners hereby finds and declares that employees covered under the County's self-fimded Medical Benefit Plan have performed in a maImer exceeding expectcd standards and should receive bonus compensation on a one-time basis in the approximate amount of $174.00 per eligible employee. 2. Employees eligible for this one-time performance bonus arc those employees er.rolled in the Benetit Plan as of January I, 1996 and who continued to be enrolled in the Uene:tit Plan as of May 6, 1997. 3. The Board hereby specitically declares that this is not compensation prohibited under ~215.425. Florida Statutes, or a return on premium or reimbursement for contributions made by employees participating in the self-funded Medical Benefit Plan. Rather, this is a one- time perfonnance bonus in recognition of the exemplary and judicious use of the Medical Benefit Plan by the eligible employees which is consistent with ~ 125.01 (1 )(bb), Florida Statutes. 4. StafT and the Office of the Collier County Clerk of Courts are hereby directed to make the necessary disbursements of bonus funds to eligible employees and other participating constitutional agencies pursuant to this Resolution. --r-6 THIS RESOLUTION ADOPTED this If day of --i~ ,1997, afier motion, second aIld majority vote favoring same. A TrEST: DWIGHT E. BROCK, CLERK . ',\ . ..' L: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .;:- 6 i"',. / -/ _ J,4( /, Deputy C.lerk . ';/ ( / ' I, I v... ,- ... By: .. , ... \\. Approved as to fonn and legal sufficiency: /2~' Q ~;ro M~alih 1k~ Chief Assistant County Attorney h:\reso tulions97\lKal thplanbonus-rm B E2 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND GULF COAST RUNNERS CLUB, INC. REGARDING NAPLES-ON-THE-RUN 20-K J.:VENT THIS AGREEMENT. is made and cntcred into this ...._ day of _ r ._' 1997. by and between Gulf Coast Runners Club. Inc., a Florida corporation. hereinafter'referred to as "GRANTEE" and Comer County, a political subdivision of the State of Florida. hereinafter refcrrcd to as "COUNTY," WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS. the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Comer County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the promotion and advertising of the Naples- On- The-Run 20-K event scheduled for September 21. 1997 (the "Event"); and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this p.,greement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN. AND OTHER V ALUABLE CONSIDERATION. IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF~VORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall advertise and promote the Event through print media. The date of the Event may not be changed without an amendment to this Agreement as provided in Section 15. 2. PAYMENT: The amount to paid under this Agrecment shan be Three Thousand Dollars ($3,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as dcscrib<<l in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall detennine that the goods and services have been properly provided. and shall submit invoices to the County Manager or his designee. The County Man3ger or his - 'W ,.. .""~IIO__------ -.. .... --.. -.-...- 8 E2 designee shall determine that the invoice payments arc authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shaH constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Ab'l'ecment. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various tine items and up to the maximum amount budgeted pursuant to the attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Manager or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section I wilt be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shaH be repaid to COUNTY within 30 days of COUNTY's wnUen request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida. and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY S3oo,ooo each claim per person 2 \llIll ____.--. -,.... .._~-""..,'~.."--~-_."------ ...,'. 8 E2. WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Manager or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MilliJHL Y REPORTS: GRANTEE shan provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers. directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. I~DF.MNIFICAII.QN: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shov.ll in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 3 rr ~____-- -- 8 E2 8. OOTI.CE.S: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: George Dondanville, Race Director Gulf Coast Runners 2128 19th Street North Naples, Florida 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were suf{jcient to justify the use of tourist dcvelopment tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue 4 8 E2 related to the Agreement should be recorded, and alt expenditures must be incurred within the tcm1 of this Agreement. 12. A V A1LABILlTY OF RECQB.12S.: GRANTEE shalt maintain records, books. documents. papers and financial information pertaining to work performed under this Agree- ment. GR.A.NTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to. and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMEN1: GRANTEE shall not assign, convey. or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. I.ERM: This Agreement shall become effective on May 6. 1997 and shall expire on May 5, 1998. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the ternl of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide 0 written report to the County Manager or his designee within sixty (60) days of the date of the event. 16. REQUIRED NOTATION: Alt promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF. the GRANTEE and COUNTY have each respectively. by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. s 8 E2 A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA " ",' -: ,. :~,:.... .'.. I' i' .' ,~,~-.!~'.;:~~ ..', >- '" . '" ..- / , ' ....... . ~. ~. ,'; '.,; f' ...... ":.J II. ~. ". . < 1"" . '. ,,' WITNESSES: GRANTEE (1)lo.2.<~ 'Pp~l. . GULF COAST RUNNERS CLUB, INC. By: ~;~~,!:ouJ" IIV;t.J.L -at r;x,~io PrintedlTyped Name ~fS';ffrl1 G~c.f toAsr I.Ur/flYtJ Printe<VTyped Tltlt' (corporate seal) Approved as to form and legal sufficiency i&f.ksLJ\i{tv----- Assistant County Attorney f:\1997 TOe Asreements\G\llfcoast Runnm:Club!nc 6 8 E2 BXHIBIT -A- BUDGET Gu\fCoast Runners Naples On The Run 20K Amended Marketing Plan Print Advertising: 3,000.00 Advertising to run July, August, and September 1997 in following publications: Florida Running South Florida Running Forum Race Place Florida Sports Naples Dai\y News '''' ..""---;....-."'--.............------'.--" ...~.... _011<.-......'"... .II -F'll 8 E3"'~ GDlfCOAST BOWNG COUNCIl an, MOlO RD NAPI r!>, n,llRlOA H ICW I'hood.1\ .qH .2111 h~ '141.1/47 -t\'l()! Au8USt 21, '~1 ~ County Administrator Second Floor, Administration Building 3301 Tamiarni Trail E"st Naples, Florida 34112 RE: Tourism Contract for Gutfcoast Bowling Council, Inc. To clarify Budget item!'.: Senior PBA: The fee that is charged by the Professional Bowler's Association to host a Senior PBA Even Advertising: Cost of flyers sent out to 106 Bowling Centers promoting the tournament, advertisiment on and TV promoting the event to draw spectators cost of printing program books.. Lineage: The cosl Woodside and Beacon will charge for the bowling for the Pros during th: week of Sept. 21-25th. Please feel free to call me if you have any other questions. \..rnu.~ /77C ~<. eLf c{ Mary Mc[)bnald Marketing Director n ~ t '. .. 8 E3'~' 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND GULFCOAST BOWLING COUNCIL, INC. REGARDING PRO-AM BOWLING TOURNAMENT lc I) I (. \ THIS AGREEMENT. is made and entered into this 111- day Of~. 1997. by and between Gulfcoast Bowling Council. Inc., a Florida corporation. hereinafter referred to as "GRANTEE" amI Collier ('(\llIlly. a political suhdivisioll of lhe State of Florida.. hereinl1fter referred to as "COUNTY." 'NHEREAS. the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proccc<is from the Tourist Development Tax; and WHEREAS. the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events I intended to bring tourists to Collier County; and / WHEREAS. GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for funding for the pro-am bowling tournament scheduled for September 21-25. 1997 (the "Event"); and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW. THEREFORE. BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREfN, AND OTHER VALUABLE CONSIDERATION. IT IS MUTUALLY AGREED AS FOLLOWS: I. SCOPE OF WORK: In accordance with the Budget attached as Exhibit" A," the GRANTEE shall provide the Event. The dates of the Event may not be changed without an amendment to this Agreement as provided in Section 17. 2. PAYMENT: The amount to paid under this Agreement shall be Forty-Nine Thousand Nine Hundred Sixty-Nine Dollars ($49,969.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 2 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or ...".,-~---""""_....---,._....""",--_.~,~,.....-~._-"".._,, . . 8 E 3 e.: his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit " A" shan constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcont actors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall ue paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amollnt, may be increased or decrea~ed by lip to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITUE.E.S Only eligible expenditures described in Section 2 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. In addition. the following items are ineligible expenses: 1) Annual operating expenditures not directly related to the activity or project. 2) Employment of personnel not directly related to the activity or project and not speci- fied in grant application. 3) Capital improvement, including but not limited to new construction, renovation. res- toration and installation or replacement of fixtures. 4) Purchase of tangible personal property, including but not limited to office furnishings or equipment, permanent collections or individual pieces of art. 5) Interest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after project funding period. 6) Prize money, scholarships, awards, plaques. or certificates. 2 --_....---,.,.,-"".,~,.;;'".>~._..~'_._...--._'--~'-' 8 E3 7) Travel not directly associated with the project. 8) Projects which are restricted to private or exclusive participation except for invita. tional events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. 9) Private entertainment. food or beverages except for invitational events which require a prequalification of participants through proven ability to genemte hotel room nights during the Naples' area should season. 10) Making payments for goods or services purchased for previous or other events. II) Events which arc exclusively local in nature such as a parade. 4. JNSURA~CE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement. and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: UODIL Y INJURY LIABILITY $300,000 eaeh claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate oflnsurance has been received by the COUNTY. 5. MQNTHL Y REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE. its vendors or subcontractors, pursuant to this Agreement. The report shal1 identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory perfonnance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 2. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship betwccn GRANTEE and the subcon- tractors or vendors. including. but not limited to, similar or related employees. agents. officers. 3 ..,,-----"""""'-,--;-_.- ~.._-_.~,. 8 E3 4 directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold hannlcss and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the perfonn:mce of this Agreement or work perfonned thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor. or anyone directly or indirectly employed or authorized to perfonn work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. ~OTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Ms. Mary McDonald Gulfcoast Bowling Council 8525 Radio Road Naples, Florida 34104 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tarniami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NQ PARTNERSHIP: Nothing herein contained shaH be construed as creating a partnership between the COUNTY and the GRANTEE. or its vendor or subcontractor, or to constitute the GRANTEE. or its vend'Jr or subcontractor. as an agent or employee of the COUNTY. 4 ......-"",.._-,--- 8 E3 41 I O. IERMI~A TION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the CO~'TY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agrecment should be recorded, and all expenditures must be incurred within the tcrm of this Agreement. 12. A V AILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE invol\-ing transactions related to this Agreement. 13. fRQI-IIBITION OF ASSIGNMENT: GRANTEE shall not assign, con'ley, or transfer in whole or in part its intcrest in this Agreement without the prior written consent of the COUNTY. 14. IERM: This Agreement shall become effective on May 6, 1997 and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the tcrm of this Agreement and any extension thereto shall be available for future applicants. 15. EYALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality S 8 E3 ~ were eVi\luated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event. 16. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one oflhe sponsors. 17. A.MENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WlTl'ESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. A TIEST: ;DWIGHT E. BROck, Clerk ':b': ,r;/&4~ ,& ~ WITNESSES: (I) ~k.l.~J~./ ) --~ 14Tl!\(../ ,q PnnlNffypc:d N=mc Approved as to form and legal ~umciencr . ' tj (I, ) ,{ilii~\(\ Heidi F. Ashton Assistant County Attorney f:II997 TOC Asn:emenlslGulf ("oas, Bowlinl ("ouoollnc, BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORID /~ ~~ ANCOCK, Chairman .Jjt,/97 GRANTEE GULFCOAST BOWLING COUNCIL, INC. J~_frl'{' K C If'l/(' I/e PnnledfTypcd Name ?r~s;d.., n+ Pnn,rdlTypcd T,lle . (corporate seal) 6 ~ ___~."!iII ", ~1"""""_______--"--~'"""--""~" ____,..e..'"--'....,-.....""'~"'<.,-.~---,.,.""..-....- 9 A MUTUAL RELEASE THlS AGREEMENT, has been made and entered into as of the j'1+. day of /111 , 1997, by .lnd among Hole Montes & Associates, Inc., (hereinafter referred to as the "Third Party Defendant j and Col/ier County, Florida. (hereinafter referred to as the "Third Party Plaintif/j. WITl:1E5.5.ftIH: The Third Party Plaintiff and Third P:u't)' Defendant, for and in conside(;1tion of the covenants and terms contained herein, including the sum of Fifty Thousand Doll:.trs ($50,000.00), paid by Third Party Defendant to Third Party Plaintiff, the receipt :md sufficiency of which is hereby acknowledged, does hereby and by these presents, for their affiliates, employees, agents, S\lccessors, and assigns, fully acquit, release, and forever discharge each other, their heirs, personal representati,'es, parent corpontions, subsidiaries, stockholders, officers, representatives, insurance companies, successors, and assigns, of and from any and all claims, demands, damages, costs, attorneys' fees. actions, and causes of action, whether .1rising at law or in equity, which either may have had, may now have, or may hereafter have against each other by reason of any matter, cause, happening, or thing occurring prior to and including the date of this Release, involving a project to "..iden Immokolee Road bet,,;een just west of U.S. 41 to 1.75 in Collier County, Florida pursuant to Collier County Project No. 66042. And for the same consideration, without limiting in any way the generality of the above and foregoing Release, both Plaintiff and Defendant do hereby and by these presents, fully acquit, release, and forever discharge each other, their heirs, personal representatives, TI5)67'K,\ 1 MlJ_ ."'-_-____,_ _._-""_..,',.j.,'_._-----"~""""> ., 9 A parent corporations, subsidiaries, stockholders, officers, representative~, insun.nce companies, successors, assigns, and any other person or corporation of and from any and all c1.1ims, demands, damages, costs, attorneys, fees, actions, and causes of action, whether arising .tt b,'\I\,' or in equity, which they may now have, may have had, or may hereafter have, becaus~ of or arising out of the third party action filed in County, styled, Collier County. Florida v. Hole M9ntes IX. Associates. Inc. Ca.~e No. 95-3939 CA.OI-TB, Twentieth Judicial Circuit, Collier County, Floricl'l. It is understood that the acceptance by e:1ch party of the aforesaid consideration and the execution and delivery of this Mutual Release is not to be considered an admission of liability on the part of the either party but is in full settlement and compromise of disputed claims which either party has against the other :md for which each party still denies liability. And as a result of the same consideration and sum, each party hereby directs their attorney of record to stipulate to the dismissal with prejudice of the claims asserted in the lawsuit, more particularly described as follows: wCollier COUtlty, Florida v. Holt Mont~ & Associatt'S, Inc., Case No. 95.3939 CA.Ol.TB. W This case is currently pending in the Circuit Court of the Twentieth Judicial Circuit of the State of Florida, in and for Collier County, and it is the intention of this Mutual Release to release both parties from all cl.1ims described within that action, or which could have been brought within that same action. This release does not apply to matters unrelated to the above project or the above lawsuit. Third Party Plaintiff and Third Party Defendant further represent that they have read and understand this Mutual Release and specifiolly understand that it is a Mutual Releoue, extinguishing leg:!l rights and claims forever. Each party has had ample opportunity to seek legal counsel regarding this Mutual Release. TlS361?6, t 2 ---------.....--.".-'." . . 9 A IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. as of the day and year first above written. (QtUflONI/ READ BEFORE SIGNlNGO Hole Montes ll-: Associates, Inc. ~/l'~ By: jJ~'i#.d Its: STATE OF FLORIDA COUNTY OF t.~\\\"~, The foregoing instrument was acknowledged before me this i'l day of ,"'- \(\..'(~ ,1997, by \\,{,....'"'<~" ~,,-";.;\.~:_>M- . who ispersonally known_ to me ornas-produced as identification and did take an oath. - 0-~,-'- ~...:~...'-~ NOTARY PUBUC" My Commission Expires: Y/2~'I<1"B" ~ .._--, CA 'DEAN! JOHNSON NOTARY PU6UCSTATiOFFtORIDA COMMISSION NO. CC3S1093 MY COMMlSSro.~ EXP. APR. 20 1998 TI5WKI 3 ..--4.A.-.IIl_'..;j;I"'~"'~-"'-'----'" ,. "..,,"_..__.""_U_ "._.....__._..-, 'l . . 9 A MUTUAL RELEASE TI-IlS ',GREEMENT, has been made and entered into as of the '1..0 d.lY of r"\ t\:f---' 1997, by and among \~escwind Contracting, Inc., (hereinafter referred to as the "Plainti/fj and Collier County, Florid.t, (hereinafter referred to as the "Defendant j, JF: I I l:1 ~ S. S. E. I lJ.: The Plaintiff and Defendant, for and in considention of the covenants and termS contained herein, including the sum of Eight-Hundred Thousand Dollars (S8oo,ooo.00), p.lid by Defendant to Plaintiff, the receipt and sufficiency of which is hereby acknowledged, does hereby and by these presents, for their affiliates, surety, employees, agents, successors, .lnd assigns, fully acquit, release, and forever discharge each other, their heirs, person;tl representatives, parent corporations, subsidiaries, stockholders, officers, representatives, insurance companies, surety, successors, and assigns, of and from any and all claims, dem:mds, damages, costs, attorneys' fees, actions, and causes of action, whether arising at law or in equity, which either may have had, may now have, or may hereafter have against each other by reason of any matter, cause, happening, or thing occurring prior to and including thtdate of this Rele<\Se, involving the two projects known as (1) A project to widen Immokolee Road between just west of U.$, 41 to 1,75 in Collier County, Florida pu"uant '0 Collier cJn,y Project No. 66042 and (2) A proj<Ct '0 widen State Road 951 in Collier County. FIOriclalm Marco Island Bridge to south of New York Drive pursuant to Florida Department of Transportation State Project No. 03030-3517, including aU matters and disputes relating to the borrow pits used or designated in connection with this project. And for the same consideration, wiThout limiting in any way the genenlity of the TI~}4217,l 1 -----""' ",,,,,-,",,~,.,.......,,,-,--_'_"'-'"'^ . 9 A above and foregoing Release, both Plaintiff and Defendant do hereby and by these presents, fully acquit, release, and forever discharge each other, their heirs, personal represenutives, parent corpo-tions, subsidiaries, stockholders, officers, representatives, insurance companies. surety. successors. assigns, and any other person or corporation of and from any and all claims. demands, damages, costs, attorneys, fees, actions. and causes of action. .....hether arising at law or in equity, which they mOl)' now have, may have had. or may hereafter have, h<<ause of or arising out of the civil action filed in County. styled. Westwind Contractin;. Inc. v. Collier County. Florida Case No. 95-3939 CA-Ol.TB, Twentieth Judicial Circuit, Collier County, Florida. It is understood that the acceptance by each party of the aforesaid consideration and the execution and delivery of this Mutual Release is not to be considered an admission of liability on the part of the either party but is in full settlement and compromise of disputed claims which either party has against the other and for which each party still denies liability. And as a result of the same consideration and sum. each party hereby directs their attorney of record to stipulate to the dismissal with prejudice of the claims asserted in the lawsuit, more particularly described as follows: wWestwind Contracting. Inc. v. Collier County, Florida, Case No. 95.3939 CA.Ol.TB. W This case is currently pending in the Circuit Court of the Twentieth Judicial Circuit of the State of Florida, in and for Collier County, and it is the intention of this Mutual Release to release both parties from all claims described within that action, or which could have been brought within that same action. Plaintiff and Defendant further represent that they have read and understand this Mutual Release and specifically understand that it is a Mutual Release, extinguishing legal rights T/SJ42\7,\ 2 .. .. 9 A , Collier Caun ,', Florida BY:~~~~ ! , .. , ", I 11-/ DATE: () / 1/,1, ATTEST: DWIGHT E. BROCK, Clerk ~. /j;f~~~ /, .' / " ,/ .. - . '" --/ (I {. ~_ ,,' ~&..J","'A ..... , , /; BOARD OF COUNTY COMMISSIONERS ~ OF COLLIER COUNTY, FLORIDA ( The instrument was acknowledged me this _ day of . who is personally known to me or has produced as identification and did take an oath. Approved as to form and 1-:;;;::;;;;; IL# Michael W. Pettit Assistant County Attorney TIS.l4211,J 4 9 A parent corpo. ..tions, subsidiaries, stockholders, officers, representatives, insurance companies, successors, assigns, and any other person or corporation of and from any and all claims, demands, damages, costs, attorneys, fees, actions, and causes of action. whether arising at l.tw or in equity, which they may now have, may have had. or may hereafter have. because of or arising out of the third part)' action filed in County, styled, ~Qllier County. Florida v. Florida Power &. Li~ht Company. In~ Case No. 95.3939 CA.Ol.TB, Twentieth Judicial Circuit, Collier County, Florida. It is understood that the acceptance by each party of the aforesaid consideration and the execution and delivery of this Mutual Release is not to be considered an admission of liability on the part of the either party but is in full settlement and compromise of disputed claims which either party has against the other and for which each party still denies liability. And as a result of the same consideration and sum, each party hereby directs their attorney of record to stipulate to the dismissal with prejudice of the claims asserted in the lawsuit, more particularly described as follows: .Col/ier County, Florid4 v. Florid4 Potlln" & Light Company, Inc., Case No. 95.3939 CA.Ol.TB.. This case is currently pending in the Circuit Court 01 the Twentieth Judicial Circuit of the State of Florida, in and for Collier County, and it is the intention of this Mutual Release to release both parties from all claims described within that action, or which could have been brought within that same action. This release does not apply to matters unrelated to the above project or the above lawsuit. Third Party Plaintiff a.nd Third Party Defendant further represent that they have read and undersund this Mutual Release and specifically understand that it is a Mutual Rele-oUe. extinguishing legal rights and claims forever. Each party has had ample opportunit), to seek legal counsel regarding this Mutual Release. T1S3fJ')S,l 2 _._lOOo._ ~ ___......__........_..;_..___"'c~.",... 9 A IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, as of the day and year first above written. tCA UTION!/ READ BEFORE STGNTNG!J Florida Power &: Light Company, Inc. \ ~-.. ~~ ./ "- By: /l1;wA'd Mf9J /fC'UC~noJ 1j;N't>~~ ~ Its: STATE OF FLORIDA COUNTY OF D'I~- p.... The foregoing instrument was acknowledged before me this .21.:.. day of )-/ ~ ,1997, by DA VI/;> A. A/i?U;-/p ,who is personally known -f4.0A:::.tbA '.t. ):.~((,;~>t.s. .1.., C'~&C"' to me or has produced A /1./(, -/11- ?c- 3-~J- a as identification and did take an oath. ~~.~uuL { OTARY PUBUC My Commission Expires: ~ti~;' ~ SMAtt MARSHAlL "i l" 111 COI&ISSOC , l:C42OQS DCPIIWl- . ~13.." '((",_' DaIl_ TlOt,.. --=a, "C T 1536795.\ 3 9 A Collier County. Florida ~~~ ....~ 4;~, ~ .... 5(, ., I By: Timothy L. Hancock, Chairman .4, /t!:~~ / .,( / ,/. . DATE: ,- . ATTEST: . DWIGHT E",BRbCK, Clerk / ': . {~., /' I' .~ "t". -X;/' -'s'A l-L.. . - '; , ,...1/ BOARD OF COUNTY COMMISSIONERS k~x OF COLLIER COUNTY, FLORIDA to me or has produced IOstntment me this _ day of ~ OF FLOPJDA COuN'F( OF COLLIER . who is personally known as identification and did take an oath. "" ~ARYPUBLIC *ommission Expires: ',,- "'- '" -, Approved as to form and legal sufficiency: ~w/~ Michael W. Pettit Assistant County Attorney TlS367')S. t 4 .-----.-.------.....---- RESOLUTION NO. 97-230 lOA A RESOLUTION APPOINTING MEMBERS TO THE COLLIER COUNTY ENVlRONMENT AL POLICY TECHNICAL ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 91.26 creating the Collier County Environmental Policy Technical Advisory Board provides that the Board shal1 consist of nine (9) members; and WHEREAS, the Board of County Commissioners, on June 18, 1991, adopted Collier County Ordinance No, 91-46 which amends Ordinance No. 91-26 by providing that the Collier County Environmental Policy Technical Advisory Board shal1 consist of eleven (II) members; and WHEREAS, there are currently three (3) vacancies on this Board; and WHERP-AS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Steven H. Bigelow meets the prerequisites for appointment and is hereby appointed to the Collier County Environmental Policy Technical Advisory Board to fill the remainder of the vacant tenn, said tenn to expire on September 30, 1998. 2. Jan M. Stevens meets the prerequisites for appointment and is hereby appointed to the Collier County Environmental Policy Technical Advisory Board to fill the remainder of the vacant tenn, said tenn to expire on September 30, 1999. 3. Byron J. Meade meets the prerequisites for appointment and is hereby appointed to the Collier County Environmental Policy Technical Advisory Board to fill the remainder of the vacant tenn plus an additional four year tenn, said tenn to expire on September 30, 2001. 4. Brenda C. Fogel meets the prerequisites for appointment and is hereby appointed to the Collier County Environmental Policy Technical Advisory Board to fill the remainder of the vacant tenn plus an additional four year tenn, said tenn to expire on September 30,2001. This Resolution adopted after motion, second and majority vote. , DATED: May 6, 1997 ATTEST: . DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ---7 -'" ' / :_r' - ' ~ ~/.<' . X',;''''': / ( , Approved as to fonn and legal suffi,ciency: ;~~ /-.'/' . .. - ~~f!t~ David C. Weigel County Attorney Dew Ikn 1.11' 2. Collfe.. CClU'lY, "or'. aEQUEST 'OIl lEGAL ADVOnS1K 0/1 ....IC _1*iS , "211M' SSG To: Chr\: to the loard: Please pIece the follCNI.... - r. f f . . lE!:!:!1 NOMNII legal Advertl~t C:::J Cthec': (II"P'''' ,.".. '_t'en. etc..) ....a4AI1.............~_ww 1& ...". .......................................10.. .1....1.&&,...._... l....J.l.1.1 t 1.1 ~a...I.J.""1. 11111&'.11.' 10.1."1 ....._4.1 J."" OrlllnetlnQ Oept/Dlv: COII.CCY.~./ONrent plamlnG person:{M'f'ttw\ ~JL.~ (SI", c'orly) Dete: '2, /If ,11 ............................. .. ~....................................&.4_J.J 1111.1........_....,..1._....................... .L.L.L .11 1.1.1........40 PetItIon Mo. (If none, tl~ brief deScription): CU-97-5 .....................~~ ....*~.......................L&J.l111 11..............."_1111,.1.1 _.L....l1................... Petitioner: (Name , eddr~s): Miles L. Scofield, Scofiled Marine Cnn~1I1Hn9 3584-B Exchange Avenue Naples, Fla. 34104 M.-e & Address of any person(s) :: be notified by Cler\:'s Office: (If ~re space need~. .ttach seo.~.tc s~t) Craig' KArlA A Sei~ert 291 Seabreeze Avenue Naplp.~. ~lA 14,ns Mcad ng be r ore: c::::::r 5C{: C:::X'XT av. r::::=T Othu ;::::-:;;::;;:':::~~'::::'::.:,;...:;' ';;";;;:'li'.i::;::=~:----'-' Ilevspaper(s) t':) be used: (c.c..ple:~ only " i~rtlnc c::=t. or l~.l\y require<! I /) a!'!!l hptes Dilly -- 1'==:1 Other ...~................. --~ ~ 'r...~.~"...~~~ -...... . . . . . .. .......................... l'lltl' Propo$ed lcl\t: (Include lell"\ description .. cOft1l'On locltion .. .lu):~"I\" l. Scofield. of Scofield "'rl~ Consulting. r~Drps~tlng Crll; fnd ~8rle ~. $i~~itlOOlI Ose -,- of -RSF-3- zonlne district for · bo.t~.. ~~rty located Dt 291 Seabr~ele ~y~~, furth~r described IS lot 28. 81oc~ O. C~r's V~rbl\t 8~leh [stet" Unit 1. In Se<:tion ~. TOWMhlD 411 $QYth. Ran<le 25 ~ut. CQ\ I \~r CC<.I!'\ty. Fiori!:!.. eonslstl!!!t...2!J>~SS. ~ion pctitlon(s). if M'rf. .. proposed ~8r1ng dllt~: ......................._,.. ~~ . ~~~l.~~~I&................~~I&&&'IA.l ~~1..~~1&11\~~.&&11'..&.&I.&l&ll.&11L.~....... I'. Does Petltlm 'ee Include Adwntsll"Q Cost? Y~$ I )(CflX No r.:::::7 If~, MIlt lICC.:lU'It sflouI.d be dIartcd fO(" ~rtfslnQ costs: 113-13-3312-649100 P.O.1700012 .A.,,&~..*"'''......A&'41&1- - 11.4~&I&&'AA*"".A&al.....~&.11&a.11A&&Jl.&.&&_&11_l'&&A'J~'AI.6.&.'~IA..&",.&&.'.I.-- lev' eved by: oivlslon Mud //1 ~l // I ' J I) _ 'J)A~ br. /.~ (Cot.rIt'( ~ hte 'l Oate ., list Attechments:(1) (2) (3) ......................~~~'4_~44 ~ !~&'~~A!!~aal...................~6&!1~j&IA.Aa.'.!&................................ o I STili BUT 1 at 1 1ISTltUt'T I OIlS A. for henf"",s before 11:1: or 1>lA: Initiating ~rson to c~ete _ cOflf .-d obtaI" Dlvfslan lad JIAl"MII before sl.bIllttlng to C<<.nty~. lOTI!: If le<lll doeuMnt Is I IMII wd. be SUI"9 tMt .,." nee"""'" I_I rwt.... ~ f'CClUnt for s_. fs SlbritTed to Coo.ntv '-HomeY before ~ttln!l to Cou\tv ~. 11le .....,... Offlctlllll\ dlstrl~e copies: fll~; lJA 1 RESOLUTION 97-___ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A BOATHOUSE CONDITIONAL USE "lW IN THE "RSF-3" ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of ~he public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code {Ordinance No. 91-102} which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.4.3 in an "RSF-3" zone for a boathouse on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission: and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: lJA 1 The petition filed by Miles L. Scofield of Scofield Marine Consulting representing Craig and Karla A. Siebert with respect to the property hereinafter described as: Lot 28, Block ~D", Conner's Vanderbilt Beach Estates, Unit No.1, according to the plat thereof, as recorded in Plat BOOK 3, Pages 8 & 9, Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use ~lH of Section 2.2.4.3 of the "RSF-3" zoning district for a boathouse in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ In, !JJ:-{{t!, .f.J.. MAR RIE M. STUDENT ASSISTANT COUNTY ATTORNEY f/cU-97-5 RESOLUTION IJA I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-S The following facts are found: 1. section 2.2.4.3.1 of the Land Development Coda authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. consistency with the Land Development Code and Growth Managem Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive an Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, e No affect or Affect mitigated by Affect cannot be mitigated D. compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: f/FINDING OF FACT CHAIRMANI .. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-S l~A 1 The following facts are found: 1. Section 2.2.4.3.1 of the Land Development code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversoly affect other property or uses in the same district or neighborhood because of: A. consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress structures thereon Adequate ingress & Yes to property and proposed with particular reference to automotive an egress No c. Affects neighboring properties in relation to noise, glare, e No affect or Affect mitigated by Affect cannot be mitigated D. compatibility with adjacent properties and other property in compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: F/FINDING OF FACT MEMBER I 1 ... ~ . ! ! J - .. 1. t i i::. '-I ;':- fIr is! ~.,. tli' 'il lI- t .. rit-. .h: ill ~ :1 &'l2r-r>:on IO"I~ :z'~o'" (A . (A0l S~~~~ N - 8' c.,;. I o . ::e ... (j) i>~ ..~CD ,. Z :;:0 oc(Tl ~......(T1 ~ "'N .j. fTl oP "'iA%~~ Cl .0 z 0 "'z~ ... ~ i.. 8.~ -~ . ,~ r- o -c N '4 C"'~ R~ "~ ~2'~ "C.-l' ",. l> .., () o-~"V - f ~ 0'...'" o"'~ ~~ "It to' . .... 7~<+;,~~~~~rff.7.:.~;~t, ;.~.. ~~/':': . ."1' ggr-t>:oo I III.!. Z'~N~ t.:~'dP d!O~::8 C!.e ~. N . ... i lJA 1 -::::..2 1~1 ~\: ~ 0. iii ~~l 6 -4 N -- i'" iJ! ~S ::l- ,OO"Ot , 3 "OO,rl;.l:i H - \bo, ('{ . ~ 8. a ~ n~ Ilas; ~ a-;::g ;; ~~ 8. .so'.t ~ - ~, p ... "! -- ,O("H ,.,'It "'2~ I~I ~ (/) "U )> en (/) ,oeCll i, II .. ,"II'''' ~ .. '". ... !o' 0. ,01'" .':("1 ,00;"( .. .OL"Ol ~, )I ... ... !o' o ~ O(".t ~ .<<'01 .~'.( o .!. ~ M ::0 ~ ~n- -< ~~!; ~~I !iB~ 0 ... 0. r 0 ~. ~ -l ,"g~ N .... co g~... 00 ~~ ~~~ ~~f.l "'0 .. '" 'lI~ .... 8~ o W-4/tR WAy ~ 4 '~r ." . ", ":. ',0 ....__ . .'- , '. ~ .- :,~:L~~i:~~~;. ~~~i~~~~~*~~~~'~~~;!~~{~ ~ ",' .. . . . .~., : = .. ,~ . . '.. ,~.: :,~.:A.J:.:'?,.~..:-.' .;.:'1'"\..... . ,\ ,~" ;:,l.\", ,.:jf} "v. ' .. ~. . ,.:~.\,,;,':~'~""~~:":'~':..: - _EXhibit -B- ", . a . ., .,~:..- ...... -7' - . lJA l' AGREEMENt I, Miles L. Scofield, as authorized agent tor Petition CU-97-5, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on April 3, 1997. Planninq Services; a. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of sUbmittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). b. The roof structure, material and color of the boat house shall match the roof structure, material and color of the main dwelling. State of Florida County of Collier PETITIONER OR AGENT The foregoing Agreement Sheet was acknowledged before me this day of , 1997 by who is personally known to me or who has produced as identification and who did (did not) , take an oath. (Signature of Notary Public) NOTARY PUBLIC NOTARY PUBLIC Commission # My Commission Expires: EXHIBIT "CO -1- . :I JA ~ REPRESENTATIVE FOR CCPC State of Florida County of Collier The foregoing Aqreement Sheet was acknowledged before me this day of , 1997 by who is personally known to me or who has produced as identification and who did (did not) , take an oath. (Siqnature of Notary PUblic) NOTARY PUBLIC Commission I My Commission Expires: -2- PAX 1 / '1'0 : I~ .-(<. ::;.t.. <-I LOCAnOB: v/-;:I, .l___j). ~ /; . PAX NO: COIOJB:RTS : PROH: ! /Jt..<:'" ,. - )('Lf -1)- s-- PJUI: NO: LOCATION: COLL:I:RR COUNTY COu.K'mOUSB .. (941) 774-8408 --..._- .." PHONE NO: (941) 774-8406 DATE SENT: TDm SENT: t<I. 890 891 892 893 894 89S 896 897 898 89<3 3/:.///7'7 / / 3.' /.s- DATE ST. T WE TOT~ TII'E ABBR 03-e7 17: 29 0l::r 00'24 03-10 15:31 0l::r02'03 03-12 13:47 00-02'59 03-12 15:31 00"01'19 03-13 10: 2? 00" 01' 57 03-13 13: 14 00"02'01 03-13 13:31 00-01'44 03-13 13:44 00.02'01 03-13 16:02 00002'01 03-13 16:14 00002'01 92634864 92634816 9163e50S'7?66 92611599 92634864 917164349196 92634864 92634864 92634864 ()( ()( ()( ()( ()( 0< ()( 0< ()( TOT~ hPGS 10 STATUS 904 231 6267 ()( JI4 1 . OF PAGES ~ J (IlI1CLODXNQ TBJ:S COvISK) '*PGS DEPT CODE CCI'I1. CODE 12 0688000000006C 12 3 068C~16 5 ~11 2 O68COO80OOOO6A11 3 ~11 3 ~ 3 ~13 3 O69:008OO0OO8A 16 3 068C000000008A25 3 060C00800000SA3a 40 lJA 1 March 14, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition CU-97-S Dear Judy: Please advertise the above referenced notice one time on Sunday, April 6, 1997 and send the Affidavit of Publication. in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 , } . i IJA 1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 22, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-97-S, Miles L. Scofield, of Scofield Marine Consulting, representing Craig and Karla A. Siebert, requesting Conditional Use "1" of "RSF-3" zoning district for a boathouse, for property located at 291 Seabreeze Avenue, further described as Lot 28, Block D, Conner's Vanderbilt Beach Estates, Unit 1, in Section 29, Township 48 South, Range 25 East, as recorded in Plat Book 3, Pages 8 & 9, of the Public ReCords of Collier County, Florida, consisting of 0.3 acres, more or less. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, eLERK By: Is/Sue Barbiretti, Deputy Clerk (SEAL) ~l March 14, 1997 Miles L. Scofield Scofield Marine Consulting 3584-B Exchange Avenue Naples, Florida 34104 Dear Petitioner: RE: Notice of Public Hearing to consider Petition CU-97-5 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 6, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Craig & Karla A. Seibert JJA 1- March 14, 1997 Craig & Karla A. Seibert 291 Seabreeze Avenue Naples, Florida 34108 RE: Notice of Public Hearing to consider petition CU-97-S Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesd~y, April 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 6, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Miles L. Scofield . . I I i I ""p l.. D411l Y Neva Napl.., Fl 33940 Affidavit of ~lication ------- BO~~D OF COUNTY C~ISSIONER$ FINANCE DEPT. - Toal GRAKLI~~ P'O BOX ~13016 NAPLES FL 34101-3016 REFERENCE: 001230 -700012 57466400 NOTICE OF PUBLIC MEA State of Florida County of Collier Before the undersigned authority, perl~lly appeared B. lelllb, who on Oil th laYI tlMlt he IIrV.. II the Assiltant Corporate Secretlry of t~ Maplel Dilly Hews, I dIIi ly n....lpeper publ h'*l It N1pl.., in Collier County, Florida: t~t t~ Ittlched copy of ~erthing WIS published in ..id new'Pftper on dtitll lilted. Affi~t further "YI t~t the laid Neplel D41ily New. il I ne\llpeplr publ hhed It Hapl.l, in laid Collier County, Florida, and that the laid ntW'peptr hal heretofore been continuoully publiShed in laid Collier County, Flor1do, each day Ind hal been entered II second cl... Mil .atter It the post office in Naplel, in Ilid Collier County, Florida, for a period of 1 yeer next preceding the first publication of the attached copy of ~erti.e~t; and affiant further laYs that he hal neither paid nor pl'Ollhed Iny person, fir. or coporation any dilcount, rebate, cOlaf.sion or refund for the purpo.e of Itcuring thh ~.rth"ent for plblicat10n 1n the said newlpaper. I'U8LISHED ON: 04/06 AD SPACE: FILED ON: 4.500 INCH 04/01/97 -------------- --- ,', Signature of Affilnt I,) /'\, NOTICE Of PUBliC IEARIHG , NofIct Is Iler1tlv oIYtn that .... Board " COIIlty CIlmmlsslOnin fA Coller ~ ~ hold 0 Nlk IIeclmg 011 TlQ)A J; APttIl. 22, !9f7. In lilt Ioallt ~ n FIoIlr, Admll\liIrciiioi BlIJIdJ!lt. ollltr = GMrr.Il.d ~ ~1 East To- wII~~Tht'::~ sIdIr Pttmoft cu.f7.S. MIIft L. ScofteId. " ScotItId MarInt CoilsulllllQ, ~ Crdt CIld Karia A. SIetltr1 rtClUISllnt (an. cIllotllll Use 0'" fA "RSFJ" ~ dn1d far 0 bcolhouse, _ IlrOI*fy Iocatoid at 291 SlGbrttze A'I'IIlUt, fII:ther dtscrI>ecI as Lot 21, 8IocIl D eonr.n VancIIrtlII Beoch EsIatri. l.Wt l~In $don 29, T"",,* . SouIIl, 'R~ l.) ~ as I'ICllrdId In Plat 800Il l '*' . & '. of Itlt NlIc lIItards of CoIlItr CNlty FIal1da. CDIIIisftna fA OJ !!O'ft. ITIIn .. I.Ss: ~ InlInsfId par. ties en IrMIId to ~ to ,... to Sl*lk CIld II .... ... ~ , OIly, In ~ It ....... .... to .. ~ ~,..'" ,- .Alrf '*- .... dtddn to GIlP<<II ct dIdslali ef .. ...... .. need 0 nard cI ~~~CIld moy need .. tnIlrt that 0 wr. Idn rICClrd t.c::. ~ Is modt. .midi 1'llCllnt, l..tIlt, ~ and Mienct,.. IltIIc:tl lit CIIlI*II Is .. . Illaed. ~~S' =mlt.. ~ Bv:1sIS:~ lion., ,., m. Sworn to and Sublcribed before lie this L day 01"':' U ~ -,l 19'L / ''""' ,;. I'erlona lly known by M ' ~(' -I ( r i' ({' )- I.",.,. 1 7 .'.1 " k'U" , ,-'-'."'.' J APR - 9 J~~ I L I FI "F';"- -f'---' J'.AHLI_ ._..._._-.~ . . /Ii~ Judth A. f........... ... ~ -'f.' MY ...."\11II1 ~:'" ~,if COt~F_._~ ~7a7 EXPlRE~ ...".~:-.;c," ~-T " 2CIQ) vr.'"~' . lICIqo ltIl/ 1llOY,. __._ ---',lIlI: li4 l' , ~ i ! ' l" 13A 1 RESOLUTION 97-~1 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A BOATHOUSE CONDITIONAL USE ''IN IN THE "RSF-3" ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter ~ 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.4.3 in an "RSF-3" zone for a boathouse on the property hereinafter desccibed, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been y1Ven opportunity to be heard by this Board in a public meeting assembl~d and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: 13A 1 The petition filed by Miles L. Scofield of Scofield Marine Consulting representing Craig and Karla A. Siebert with respect tv the property hereinafter described as: Lot 28, Block "0", Conner's Vanderbilt Beach Estates, Unit No.1, according to the plat thereof, as recorded in Plat Book 3, Pages 8 & 9, Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "1" of Section 2.2.4.3 of the "RSF-3" zoning district for a boathouse in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ , 1997. '/Iikl '/ day of ATTEST: DWIGHT E. BROCK, CLERK ~d. (1. AND ~. In. /'J..Q.~J I.Mf. MAR RIE M. STUDENT ASSISTANT COUNTY ATTORNEY f/cu-97-S RESOLUTION FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 13A 1 ~~: '~' CU-97-5 The following facts are found: 1. Section 2.2.4.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the~and Development Code and Growth Manaqem Yes (.../ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive an Adequate ingr~ & egress Yes No C. Affects neighboring properties in relation to noise, glare, e ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within~istrict Yes (,.../'" No Based on the above findings, this conditional use should, with stipulations, (copy attached) (Sh.U~.~ recommended for approval . DATE: '1/3 /17 CHAIRMAN: W I f/FINDING OF FACT CHAIRMANI ~~~ - 1_. . l J ! . I. r I ! :1 ;f":, fIr isl :'.~ III 't t . Iir' fit .~ : J_ QQrr>::uO .O"'~ %'~O'" (.01 . (.oICII Sg~~~ N- 8' ~. . . :E gQrt>::UO .Oll..!. %'~N~ ~~o~p d. 't..:8 GO N' ..... . N . ... . :E 13A 1 '3 .oo,Q'i.l.t;, H 6 -4 N 10 ~~2 ~"i !A~ i'" ,:g A!a ~.. t .... Ul l~~ .. r?t CD ,.z;o ~c~ )> {T1 N ~ f'T' o~ ~~~~~ ,;,115..~ ~~"'8", .oo"Ot \ ~, ~ ,::. "\ t' . I' i, 8, ,,<:'It p '" "\ .. \~ -- ,0('" ,OL1IZ i, ". .. !'t .. "\ .~ll'(' :a n'l: ~"'~l!~~ ~a... ... ...~ .. 11';:;9 ~ ..eN 8. 'it .~.l .. ... ~ .. .OL1IZ ~ II "... .~,.C .0,"1 ."C'.' 1 i r o -{ N en ii!~ ~a I ;; ... o. ...gS ....... g~~ 00 g~~ ~!f.1 .. :g 8~ o O"~ il'" ,,~ ~ WA 1tR WAy J::S!'~ 'C..~ 70 b -i 0 OotE' 'f ~ \7...'" ~"'v ~ -- ~ . . ,~. . ~; . .- ;~: ".~" .' .',' >.. - _Exhibit "8" .. i n I - ~K~ ~ _iz Ul -0 )> Ul Ul ~ M :::0 =: )> ~i~ -< .a . ~~I J vf ....#>.. , " . 13A 1 AGREEMENT I, Miles L. Scofield, as authorized agent for Petition CU-97-5, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on April 3, 1997. Plannino Services: a. The CUrrent Planning Manager, may approve minor chango. in the location, siting, or height of building., structures, and improvements authorized by the conditional use. Expansion ot the uses identitied and approved within this conditional use application, or major changes to the site plan submitted as part ot this application, shall require the submittal ot a new conditional use application, and shall comply with all applicable County ordinances in ettect at the time ot submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). b. The roof structure, material and color of the boat house shall match the roof structure, material and color of the main dwelling. State of Florida County of Collier PETITIONER OR AGENT The foregoing Agreement this day of who is personally known as Sheet was acknowledged before me , 1997 by to me or who has produced identification and who did (did not) take an oath. (Signature ot Notary Public) NOTARY PUBLIC NOTARY PUBLIC Commission # My Commission Expires: EXHIBIT "C" -1- Q 13A ~~ R PRESENTATIVE FOR CCPC 1 state of Florida County of Collier The foregoing Agr heet was acknowledged before .. this '3(\ a.l day of , 1997 by who is personally kno n to me or who has produced as identification and who did (did not) ~~ e 'f)'1 cVCtL,v (s~nature of Notary Public) l.! e c...; J ia- k _M o...r-p' ~1 NOTARY PUBLIC : ., , .'. ~ - .:=-;---, i' . .,; Commission Ie' ...... .: · l ~ . My CommissioIL~u...~ "" '~.. ~ ~-,_ ..... taka an oath. - -2- IOU.DARY AID A.flEXAnOfl SURID COUNTIES OR PARISHeS 0.", ., ef - ".nu."v 1. 1"1"17 I'lo_ __ 1IlI. ....., ..... 10.0.""", .... _....... T1H '.11I It "'1"," eft tJItI<< ......t" fflq\ltrer. .. CoIrtof\. ft_........... .1\ _UOft\.. 1'Yf'f ...... . .... t1111 pPt... "" t,"u MN'. , ..."... 0607-01'l,E. 11'" .-JO-"IS ..f VOo. FL ClIOIIS UK ...., c:..., - 0;21 lilT-. YO tlftllA" ..~ - ... ..... _ .... ,.... _ .._ IS ...,. _ -.. 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"'" ~,; -) 'J RESOLUTION 97 - ~ 16A 2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING THE LEASE AGREEMENT WITH NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT FOR USE OF AN OFFICE WITHIN THE DEVELOPMENT SERVICES BUILDING FOR THE OPERATION OF A FIRE CODE ENFORCEMENT OFFICE, WHEREAS, North Naples Fire Control and Rescue District, created under Chapter 61-2032, Laws of Florida, hereinafter referred to u "District", desires to lease a nine (9) foot by thirteen (13) fooc office within Development Services located at 2088 North Horseshoe Drive, Naples, Florida 34104, owned by Collier County, a political subdivision of the State of Florida, hereinafter referred to U "County", for use u . fire code enforcement office. '" WHEREAS, the Lease Agreement ("Lease'') tenn shall be for three (3) years, with three (3) automatic renewals of three (3) years cacho The Lease provides for the County and the District to tcnninate the Lease, ",ith or without cause, by providing the othcr party ",ith a thirty (30) day written notice to the addn:ssc:s provided in the Lease, I WHEREAS, the Board of County Commissioners is satisfied that this property is required for the District's use and is not needed for County purposes; NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: ,f;, t I, The Board of County Commissioners does approve the attached Lease Agrccmcnt between Collier County, a political subdivision of the State of Florida, :md North Naples Fire Control and Rescue District, created under Chapter 61-2032. Laws of Florida. 2. The Chainnan of the Board of County Commissioners of Collier County. Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this second and majority vote. /. , '/ day of ' ~~~ ,. , 1997 after mocion, ArrEST: DATED: 5'1/} 7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,'DWImrr E. BROCK,' C~ ~/~~k" BY t-;' Approved u to fonn and IepI sufficiency: t.Lrh 1- )~ Heidi F. Ashton Assistant County Attorney -= 16A 2 Lease II LEASE AGREEMENT I . THIS LEASE AGREEMENT entered into this ~ day Of~' 1997, between North Naples Fire and Control Rescue District. created under Chapter 61. 32. Laws of Florida, and its successors, whose mailing address is 1441 Pine Ridge Road, aples, Florida 34109, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 330 I East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as a nine (9) foot by thirteen (13) foot office located at 2800 North Horseshoe Drive, Naples, Florida 34104, and as shown on Exhibit "A" which is attached hereto and made a part of this Lease, hereinat1er called the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of operating a fire code enforcement office, ARTICLE :, TemlofLCll& LESSEE shall have and hold the Demised Premises for a tenn of three (3) years. commencing en Much 3, 1997, and ending March 2, 2000. hereinafter referred to as the "Initial Tenn" , LESSEE is granted the option. provided it is not in default of any of the tenns of this Lease, to automatically renew same for three (3). three (3) year tenns, hereinafter referred to as "Renewal Tenn", under the same tenns and conditions, except as to the rental amount, as provided herein. LESSEE shall not provide LESSOR with any notice in order to remain at the Demised Premises. LESSOR and LESSEE reserve the right to tenninate this Lease, with or without cause, by providing written notice to the other party thirty (30) days prior to the intended tennination date at the addresses set forth in Article 12 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Bm1 LESSEE hereby covenants and agrees to pay as annual rent for the Demised Premises the sum of one thousand four hundred and four dollars and no cents ($1,404,00) to be paid in monthly installments of one hundred seventeen dollars and no cents ($117.00) for the Initial Term of this Lea.~ all in advance on the first day of every calendar month during the tenn hereof. If the tenns of this Lease commence or end on a day other than the first day of the month, LESSEE shall pay bll5e rent equal to one thirtieth (UJOth) of the monthly base rent multiplied by the number of rental days of such fractional month In the event LESSEE elects to remain at the Demised Premises following the Initial Term of this Lease, LESSOR shall advise LESSEE, in writing. thirty (30) days prior to the ClCpiration of the Initial Tenn and any Renewal Terms thereof, of the new rent for the ensuing Renewal Term. At no time shall any increase eltcced five (5) percent of any previous Renewal Tenn. 16A I , ARTICLE 4, ModilicmQD.U~I2~misc=~ P.r!:.lIlim Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, spcc:ifying in writing the nature and extent of the desired alteration, improvement, change , or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee wilt then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions, LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. lfafier sixty (60) days Ihere has been no response from LESSOR or its designee to said proposals or plans, then s\Jch silence shall be deemed as a denial to such request to LESSEE, LESSEE covenants and agrees in connections with any maintenance, repair work, erection. construction, improvemel'.t, addition or alteration of any authorized modiflcations, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, resulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attnched to the freehold and to have become property of LESSOR, Prior to the tennination of this Lease or any renewal tenn thereof. or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or pennit said Demised Premises or any part thereof to be us~d or occupied for any purpose contrary to law or the rules or regulations of any public authority, ARTICLE S. Access to J)emised.h~ LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hOllrs for the purpose of examining the same and making repairs or providing janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ~. ARTICLE 6. Assitr.nment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to pennit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR., shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease, The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises, ARTICLE 7. ~ ~ LESSEE. in consideration ofTen Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR., its agents and employees from and against any and all liability (statutory or otherwise), damages, claims. suits. demands, judgments, costs., interest and expenses (including. but no limited to, attomey1' fees and disbursements both at trial and appellate levels) arising. directly or indirectly, from any injury to, or death of, any person or persons or damage to propeny (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises. (B) any work or thing whatsoever done. or any condition created (other than by LESSOR.. its employees., agents or contractors) by or on behalf 2 16A 2 of LESSEE in or about the Demised Premises. (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease. or (0) any act, omission or negligence of LESSEE or its agents. contractors. employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of anyone or more thereof, LESSEE shall pay all costs, attorneys' fees. expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request. at LESSEE'S expense. by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises. or from the street or sub-surface. or from any other place. or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works, The LESSOR shall not be liable for any damages to or loss of. including loss due to petty theft. any property. occurring on the Demised Premises or any part thereof. and the LESSEE agrees to hold the LESSOR harmless from any claims for damages. except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 8, Immng: LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department, for not less than three hundred thousand dollars and no cents ($300.000,00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws, The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/I 00 Cents ($100,000.00) each accident. Such insurance polky(ies) shall list Collier County as an additional insured thereon, Evidence of such insurance shall be pro\ided to the Collier County Risk Management Department, 3301 East Tamiami Trail. Administration Building, Naples. F1ori(~ 34112. for approval prior to the commencement of this Lease Agreement; and shall incll'iJe a provision requiring ten (10) days prior wrilten notice to Collier County clo County Ris.: Management Department in the event of cancellation or changes in policy(ies) coverage, LESS('R reserves the right to reasonably amend the insurance requirements by issuance of notice in writinb to LESSEE. whereupon receipt of such notice LESSEE shall have thirty (30) days in which to i~Ui;;':'l such additional insurance, ARTICLE 9. Maintenance LESSEE shall. at its sole cost and expense, keep the Demised Premises clean at all times, If said Demised premises are not kept clean in the opinion of LESSOR. LESSEE'S manager will be so advised in writing. If corrective action is not taken within tWl:nty (20) days of the receipt of such notice. LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and PAY all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. The LESSEE. at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents. independent contractors, guests, invitees. licensees, or patrons, The LESSEE, at its sole cost. shall remove from the Demised premises in accordance with all applicable rules, laws and regulations. all solid. liquid. semisolid, and gaseous trash and waste and refuse of any nature whatsoever which might accumulate and arise from the operations ofthc LESSEE'S business. Such trash. waste and refuse shall be stored in closed containen approved by the LESSOR. ARTICLE 10. Default by LESSEE Failure of LESSEE to comply for ninety (90) days with any material provision or covenant of this Lease shall constitute a default, LESSOR may, at its option. terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or J . '. Jl' , t ~ ,,. 16A 2 such additional time as is reasonably required to correct such default), However, the occurrence of any of the follo~ing events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR: (a) Abandonment of Demi5Cd Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy, (d) Adjudication as bankrupt. (e) Making ofa general assignment of the benefit of creditors, (f) I f LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 10. LESSOR, in addition to any other rights and remedies it may have. shall have the immediate right to re-enter and remove all persons and property from the Demised Premises, Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The LESSOR may, at its option, terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and not removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law. ARTICLE I I. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations, ARTICLE 12.:/:iQtiw Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 North Naples Fire Control and Rescue District 1441 Pine Ridge Road Naples, Florida 34109 Attention: Commission Chairman cc: Office of the County Attorney Community Development Administrator ARTICLE 13. Surrender of Premises LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shaD deliver up and surnnder to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease. or its earlier termination as herein provided, broom c:lean and in as good condition and repair as the same shall be at the commencement of the tem of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof. ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. 4 Jri:. t .. 16A 2 ARTICLE 14, General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced Demised Premises is limited to that providect to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the ~ESSEE by this Lease are hereby reserved to the LESSOR, (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law, (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 15, Ellvironmental Concerns LESSEE represents. warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR. from and against all costs (including attorneys' fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. ARTICLE 16. Radon Gas In compliance with Section 404,056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levds of radon that exceed federal and state guidelines have been found in buildings in Florida. ,Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 17. General Provisions LESSOR fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSOR and shall involve no cost or expense to LESSEE. ARTICLE 18. Extent of Liens AD persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE arc specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either, This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. 5 ARTICLE 19. Effective Date loA 2 ARTICLE 20. Governin" Law This Lease sh&Il become effective upon execution by both LESSOR and LESSEE. This Lease shall be governed and construed in accordance with the laws of the State of Florida, IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: -:: ~~TED: -f/~( . ' ATrEST: /~I DWIGHT E. BROCK, Clerk :,," ~:~-~~~;cierk " AS TO LESSEE: Approved as to fonn and legal sufficiency: ~ ~~ Uk-@' Heidi F. Ashton Assistant County Attorney } I), ,8 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT ByM~ ED MAGUI , mmission Chainnan 6 , 16A 2 ~I pI - tl I , '" \ ~ J 4 ' . -. I L " ) VJ 11) ~ \' ~ \- ~~ f] 1. <:J 'oJ. -- ~ () oJ ..... ! ~ J L. I \- .~ ". ..;j . . ~ \)) -=+ .J ~ )( ~~ ~ 4.; ~(j J' IDO 1'0 J I ~ ID: :":'1 _I ':)1 <JI I , I t I I 1 1 t -II ~ i . "I 168 8 RESOLUTIONS NO. 97. 226 RESOLUTION APPOINTING AND AUTHORIZING EDGAR D. ILSCHNER, JR.. PUBLIC WORKS ADMINISTRATOR OF THE PU8L1C WORKS DIVISION, TO EXECUTE PERMITS. GRANT APPLICATIONS AND OTHER MISCELLEANEOUS DOCUMENTS FOR THE COLLIER COUNTY WATER.SEWER DISTRICT. MARCO WATER AND SEWER DISTRICT AND GOODLAND WATER DISTRICT AS "OWNER"; REPEAt.lNG AND SUPERSEDING RESOLUTION NO. 96-585. WHEREAS. the Board of County Commissioners of Collier County. as "owner" of various water and sewer utility systems. has a need for the Public Works Division h) conduct activities which require pennining by local. state and federal agencies: and WHEREAS. it is the intention of said Board to make applications and submit documents to local. state and federal agencies: and WHEREAS. in order to expeditc processing. it is necessary to officially appoint and have of record a County official authorized to execute penn its. grant applications and other miscellanCtlus documents previously approvcd by Board of County Commission nction. to various agencies including the following: U,S, Environmental Protcction Agency Florida Department of Environmental Protection South Florida Water Management District Florida Department of Natural Resources Other regulatory agencies having jurisdiction over the water nnd sewer systems of Collier County, WHEREAS. in order 10 expedite processing. it is necessary to officially appoint of record a County official to execute documents wherein the Board has previously approved such documents. NOW. TIlEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: I. The Public Works Administrator. Edgar D, IIschner. Jr. is hereby appointed and authorized to cxecute Ihe documents aforesaid for and on behalf of the Board of County Commis.~ioners nf Collier County. Florida, as the Governing Board oflhe Collier County Water.Sewer District. the Marco Waler and ~ewer District and the Goodland Water District. 2. Said officer shall execute the documents in substantially the following manner: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By Edgar 0, IIschner. Jr, Public Works Admi"i~trdtor Per Resolution No. 97 . 3. This Resolution supersedesl\nd repeals Resolution No, <)6.~85. This resolution adopted aOer motion. second and m~iorily vole. D'A' TE' 0 ,,' /, , " : ..//:;.,.." / , "ATIEST:. /, . ' DWIGIIT E, BROCK. CLERK BOARD OF COUNn' COMMISSIONERS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY W A TER.SEWER DISTRICT. MARCO WATER AND SEWER DISTRICT. GOODLAND WATER DISTRICT. COLLIER COUNTY. FLORIDA A . I ./ , .- . )... '0 ,'. -"-!"'///;;" ...",' -....'l~< , .\ A>epulYClerk ";',. , ,.,' .' '--:;/ .- By: .....,... " Approved as 10 ronn and legal sufficiency: lJ, I;; ,/) '-J /' i -... ,....~ / -' I ;'...-{- Assistant County "nomey 1 bB I 4 SUPPLEMENTAL AGREEMENT NO.5 TO CONSULTING LANDSCAPE ARCHITECT SERVlCES AGREEMENT THlS AGREEMENT made and entered into this ~day of ~'-;'d, in the / year Nineteen Hundred and Ninety Seven by and between THE BOARD Of: COUNTY COMMISSIONERS OF COLLIER COUNTY (hereinafter called OWNER) and Michael A. McGee, Landscape Architect, P,A., d/b/a McGee and Associates,jik'a MCGEE AND ASSOCIATES, INC. (hereinafter called CONSULT ANT). OWNER intends to provide certain landscaping improvements within the lmmokalee Beautification M.S.T.U. (hereinafter called the PROJECT), WHEREAS, the OWNER and CONSULT ANT in consideration of their mutual convenants herein agree in respect of the performance of professional landscape architect services by CONSULT Al'IT and the payment for those services by OWNER., as set forth below, WHEREAS. the CONSULT A.vr shall serve as OWNER'S professional lands-cape architect representative in those phases of the PROJECT to which this Agreement applies, and \11;11 give consullation and advice to O\V}.l"ER during the performance ofrus services. WHEREAS, the OWNER and the CONSULTANT heretofore on October 16, t 990 entered into an Agreement whereby the OWNER retained the CONSULT ANT to furnish certain consulting services in connection with the proposed PROJECT; and WHEREAS, on July 18, 1995, the OWNER approved Supplemental Agreement No.4 to the Consulting Landscape Architect Services Agreement to prepare and fumish ---""..,_._..._,--_.,-",---'''".."..,''.,'''''.,-'''',..._....,...--='~"----~"""",-",,~,,,,,--,,"'~""---'-"'" , , ! j I I I ! I j ~ 1 i I j I I I I ( 1 bB 1 4 to the OWNER final dra\..ings to show the character nnd scope of work to be performed in Phase Two of the PROJECT (Phase Two covers State Road 29 from 911I Street to 111 Street (C.R. 846))~ and WHEREAS, such final design services have been completed and the Immokalee Beautification Advisory Committee has recommended commencement of construction of 'Phase Two of the PROJECT (Phase Two covers State Road 29 from 911I Street to 111 Street (C.R. 846)); and WHEREAS, the CONSULTANT has submitted a fee schedule (Exhibit "G") for services during construction in the aforementioned area. NOW, THEREFORE, the Consulting Landscape Architect Services Agreement is hereby modified to read as follows: \, EXHIBIT "A". Section 4 - Services During Construction: The CONSULT ANT shall provide those services as set forth in the Agreement which are req~ired during construction of Phase Two of the PROJECT (phase Two covers State Road 29 from 911I Street to 111 Street (C.R. 346)); 2,EX1:fIBIT "A". Section 7 - Time ofPerfQrmance: The services called for in d.Js Agreement Mil be completed in accordance with the construction schedule established by the CONSULTANT and as approved by the OWNER for the aforementioned area. 3. I;;XHIBJT "A". Section 8 - Payment to CONSUl. T ANT: The County shall pay the CONSULTANT a Lump Sum Fee not to exceed Twenty Thousand Dollars ($20,000) for those services contained in this Agreement. Payment for Additional Services as provided for in Section 5 of Exhibit "A" to the Consulting Landscape __....",.__."'_______,___....... ..._~"'__,.__""""".,;!.-,,<-,-__.....-,--..""'....--..-"';o>.-,.'''''';.'"''-...._,___..,_.""""".,.......,..,"_.~-,,......~_.~"';"'._'~....-~ . . 16814 Architect Sel"'rices Agreement shall be in accordance with the fee schedule set fonh in Exhibit "G" to this Agreement. EXCEPT as hereby modified, amended or changed, all the terms and conditions of the original Agreement for Consulting Landscape Architect Services shall remain in full force and effect. fN WITNESS WHEREOF, the panies hereto have caused this Supplemental . Agreement to be executed by their appropriate officials, as of the date first above written. """ ..,"'A.TrnST:, ' . . .' , /," .. DWIGHT E. BRpCK. Clerk , ,.1, . ~ :}~~/"'_~~ ,)/1 /- .... - . '( ) DeputfCle ~ , . . t ",1 " ",., .1..... ATTEST: ~d..A.~ ;;,. fVtl..~ Se~ry MICHAEL A. MCGEE, LANDSCAPE ARCHITECT, P.A.. db a MCGEE & ASSOCIA TESJA: a MCGEE & ASSOCIATES, fNC. Approved as to form and legal sufficiency: ~~ lJ~ Heidi Ashton- Assistant Collier County At10mey j 1 I a . 1 Attachments: (Exhibit "G") JDttc'lUpllJid.O 11 ""....___...""'""'<I_.,..~"""""~,.,'_,."'~-..,,,.,""""","M...__... _....,.1___.. .""-;;_...."-,_....__.._.;"""'"-'''..."....'"'....__._~..~'--~-_.......-"..,~~ 1681 5 WORK ORDER" ABB-07 A~rftmcnt ror fhed Term Land San-eylnK and Pbot~rammctrk: Scn'kn Dated N<n'tftlMr ~ 1996 (RFP 96-2!iSO) Thl, Work Order I' ror prorcsslonalland suf\'C)ing $Cnic:cs ror work ltncm't\ IS Project: Collier Coun!)' Go\-cmmcnt Center This WOB is specified in the proposal daled March 28. 1997. which Is attached hereto and made a plrt or this Work Order. In accord3nc:e with Terms and Conditions or the Agreement rercrenc:cd abcn-e. Work Order NABB.Q7 is assigned to Agnoli. Barber and Brundaac, Inc. Sc:ooc or WOB: . Task I - As detli1cd in the attached proposal rrom Agnail. Barber and Brundaae. Inc. . Task It . As dcUiled in the attached proposal rrom Atrial Cartograpllic:s or America. Inc. Schedule or Work: Complete WOB "ilhin 60 d:l)-s rrom receipt or the Notice to Proceed which is accom~ina this Work Order, ComDCn.~lion: In accord3nce "ith Article Three or the Agreement. the County "ill compensate the Firm in accord3nc:e with the negotiated lump sum amount ors21.395. IS prO'oidcd In the attached proposal. Task I $13.640 Task t1 ~ TOTAL FEE $21.395 Any chanae made subsequent to final department appro'\'Il \\ill be considered an additional scnice and clulrgcd according to Sch~le " A" or the ": mem. ,/ ~ (' I J F, Delate. ASt.A / ,?rojc<;t Ma1r. OCPM REVIEWED BY: I ~{.i!, : (~', ; '~ Molro A. GoI11.aIez. P,E. Director. OCPM / /\ ,'. I. ',J ~ Date PREPARED BY: ~ .{/~ 't,l, 7 , Dote A TrEST: , Dwight E. Brock. Clcrt. I ( ~:; , ,_/ ,/, ,A ByL ,/.'JVd/..'''#~/, './J.. ' / Deputy Clerk. . //d,. ~ D:It~ ?~. 7 C:?;~~~}l A TrEST: (Corporate SccrcI.aT)) By: Typed Name and Tille (or) Witnc:s.<iCS (2) / /" u.' . (4 (2)~1'" t'~'" /1t'(., SIpaturC ,,' r;(i'1, {~n' :!lc;!i'1 ( I (I) ~\U -p~u_ Signature W'~\..I"'.-r I;.:,.....c.o: (Print N:amc) JDlscIwojd. 028 7 ..lI!ttlJ1A' .S=?!'I!~ GNOU ..ar.:~ 1\I..,...~n ::~~;~DARBER & ........B ...a.... ......... RUNDt\GE.I;-':C. 16B1 5 RECEIVED MAR 2 8 1997 l'n,f,,""'H\,d \'''~Uh"l'r''. ~'1.11'n\.'r... ~ :.p1d "'Ul',','."!' (':A?I iAl PROJ€Cl ~ MANAGEMENT March 28, 1997 Mr. Joe Delate, AS LA, RLA Office of Capital Projects Management 3301 Tamiami Trail East Building "0" Naples, Florida 33962 RE: Collier County Government Complex ABB PN 7320-4/X00l Dear Mr. Delate: We are pleased to submit this proposal for inclusion in a work order for Professional Surveying and Mapping Services on the above referenced project. The scope of services will be as follows: 1.) Boundary Survey - We propose to perform a field boundary survey of the above referenced parcel. The tieldwork would consist of running a random traverse around the above referenced parcel, locating existing monumentation, locating existing improvements adjacent to the property line and setling the necessary property corners. Interior improvements would not be located under the scope of this survey. The office work would consist of research, field crew supervision, computations and drafting of the survey map. This boundary survey will meet the Minimum Technical Standards pursuant to Section 472.027 of the Florida Statutes. We will provide you with six (6) copies of the Map of Boundary Survey and a digital file in AutoCad Release 12.drawing format. We will also provide an ASCII file of all ground survey data. 2.) Buildiog Locatioos - We will field locate and mC'c1Sure the existing buildings on the above referenced site and add them to the Map of Boundary Survey prepared in Item 1 above. We will also establish three (3) benchmarks on the project site and obtain elevations of the aerial targets. We will then provide XYZ Coordinates of the targets to the photograrnmetrist. Main Olli.:t; :"400 1.1:1\1,1:111 Ir,lIl :... ,~\Ilr... ':tiO, :"'.II,lt". I'ltm,IJ 3.N/').~ . /q-fl) 5~7 ,~111 . 1,,\.\ ,941; !''>(, .!10,~ J.<< UJunly: It>.:~ Ilc:"ln \1 . "wtC' 101. Forl ,\1\C'I'\, HonJ.l .~.WOI . (941) .U-I.117.~' !.\X, ("41) ,~.t4 j I ~; ...._.....____....-..___'..",;.~-~"""-,;"---,--""---.....--""-,"'...<O-;.-...-_,-__.._"__...__...,.__""",..___...__.".,.,. 1681 5 Mr, J~ Dtla~. ASLA. RLA March lB. 1997 Po~Z 3.) Interior Improvements a.) Photogrammetric Control- We wilt set aerial targets for controlling the aerial photography. field locate them from the traverse established in Item 1 above and provide coordinates to the phologrammctrist. b.) Aerial Photography and Photogrammetrfc Mapping - We will engage Aerial Cartographies of America. Inc. to provide aerial photography and photogrammctric mapping services. See attached proposal. c.) Field Editing - Upon receipt of the Planimetric Map prepared by the photogrammetrist we wilt perfonn a field verification of the map and locate any changes or additional infonnation in the heavily vegetated areas. We will then process the infonnation and edit the digital file provided by the photogrammetrist. 4.) Stonn Structures and Lake Cross Sections - We will field locate the stonn drainage structures on the project site and obtain pipe sizes. and invert elevations, and grade elevations as appropriate. We will also obtain three (3) cross sections of the existing lake. lying east of the jail. and obtain cross sections of any minor swales on the project site not identified on the aerial mapping. We will add this infonnation to the Map of Boundary Survey prepared in Item 1 above. Our fees for providing the above services shall be lump sums in the following amounts: Item 1 $ 3900.00 Item 2 $ 2240.00 Item 3a $ 1900.00 Item 3b (see attached proposal) Item 3c $ 2240.00 Item 4 $ 3360.00 ___""""_,""_~__",,,;,,_,",.,;,,,,,,,.,,____,,_,,,,,,,,,,,,___,,,,,,,,,,,,,"'"_..._."<___"......-.-m_'''''.__...,''''',,,....,',,.....,,.,,'''''',.....,,'.~."'~.,...."'~..",."."..,..;,~ I~G/S' AIr, J.~ /"'/at~. .~S/.A. RI.A Altlrd 18, /997 "tlK~ J i j I . I ! I . . I I j 1 I 1 l All services will be performed under the terms and conditions specified in the "Registered land Surveying Services Agreement" between the Board of County Commissioners, Conier County. Florida and Agnoli, Barber & Brundage, Inc., Contract #96-2550, dated November 5, t 996. We would expect to start our services promptly after receipt of your acceptance of this proposal and to complete our services within a reasonable time period. You would be expected to provide an criteria and fun information including but not limited to, special or extraordinary considerations for the project or special services needed. deeds, easements, abstracts, etc. Sincerely, AGN~Ll. BA~AGE.INC. nbar. P.S.M. nt of Surveying CJ/HI 1f'1'.//,"70K6,I'RO """;_'''''_#'_~'_';'"'''_"''~''___;_;___'_'''''_~_'''''''-'.'';'_''"''",-",,,--~",-",,..,,,,,,,,....,..,,,,,,"..,,,.,,,,,",,-'- AERIAL CARTOGRAPHICS OF AMERICA, INC. -'1~- + 16B 1 5 . U ,S. MAIL DELIVERIES P,O, Box 593846 1722 W. Oak r?ldga Rd, Orlando. FL 32859.38A6 Orlando. FL 32809 (A07) 851.7880 · Fox (407) 855-8250 Mr. Chuck Dunbar Agnoli, Barber & Brundage 7400 Tamiami Trail North Naples, FL 33963-2519 RECEIVED MAR 2 B 1997 0: . PROJECTS MANAGEMENT March 20,1997 Subject: Colller County Cove Complex ACA Proposal # 8310 Dear Mr. Dunbar. Thank you for your request for ACA to supply a quotation for securing aerial photography and supplying photogrammetric mapping of your area of interest in Naples, Florida. We understand the area is approximately 60 acres. Aerial Photography will be obtained on a weekend basis only between 11:00 a.m. and 1:00 p.m. We propose the following: A(aht: Mer the targets have been placed in the field, ACA will accomplish the aerial flight utilizing a precision mapping camera to obtain black and white aerial negatives suitable for preparation of planimetric mapping at a scale of 1" = 40'. Photo Lab: Process the aerial negatives and produce one (1) complete set of black and white 9" x 9" stereoscopic contact prints. Ground Survev: Pertaining to the survey requirements, ACA will require five (5) horizontaVvertical targets as indicated. The approximate size of these targets should be 12" in width having 2' legs, 4' overall length or the 4' x 4' hourglass shape. We understand Agnoll, Barber & Brundage will be performing this function as per the attached specification. Should Aerial Cartographies encounter substantial problems in the mapping process due to faulty ground control, the additional time extended will be billed at cost ACA will coordinate aerial targeting with the surveyor in order to minimize survey effort. MaDDlna: Upon receipt of the ground control information from the surveyor, ACA will stereoscopically compile at the scale of 1" = 40' the photo identifiable planimetric features with an option to collect parking lines. A one hundred foot grid of spot elevations and breakline data will be collected on developed property. Fifty foot grid of spot elevations and breakline data will be collected on undeveloped property. Data will be suitable for generation of DTM model. Mapping will be collected digitally on a Kern DSR 14 fully __ .11'1" 'II_..,__<<I,"'''''-''';"___''''''''''''_'''''''''_...___"'''''"''".,.,___''''''<_..''''__'''''.....~_~.......-,,-~,~,~"-"'''-''''''- 1681 5 Page 2 Mr. Chuck Dunbar Agnoli, Barber & Bnrndage ACA Proposal # 8310 March 20,1997 . I I 1 j I ! I l I I i I I 1 1 J , analytical plotter end comply with the National Map ACOJracy Standards. Mapping data will be edited for 1" = 40' target scaie and translated to AutoCAO digital format. Accuracv: All digital mapping will comply with the Florida Minimum Technical Standards. Ninety percent (90%) of the well defined planimetric features as visible on the aerial photography will be collected within .5 ft. of its true location. The remaining ten percent (10%) of the well defll'led planimetric features as visible on the aerial photography will be in error not more than 1.0 ft. Ninety percent (90%) of all spot elevations will be accurate to within .25'. The remaining ten percent (10%) will be accurate to within .5'. FIeld Editlna: The following conditions inhibit the collection planimetric features: traffic, vegetation, tall structures and construction. We recommend field verification of planimetric detail. ACA understands that the verification of all map data will be performed by Agnoli, Barber & Brundage and that the addition of this information to the original data base will b,3 performed by Agnoli, Barber & Brundage. Items to be Delivered: A. One (1) set of 9" x 9" stereoscopic black and white photographs and one (1) line index for 9" x 9" photograph orientation. 1 i l ~ I ; Digital planimetric mapping and one (1) set of paper 1" = 40' scale planimetric check plots and digital mapping files as specified above. B. Collect painted parking lines in conjunction with Item A. C. Provid~ one (1) 1" = 40' ~C3lo bIsel, and vihite raster image file geo-referenced to mapping provided with Item A. File will be CAD overlay TIFF format provided on CD ROM disk. (This item is priced to be done in conjunction with Item A.) Fee Schedule: Item "- Item B: Item C: Six thousand, two hundred thirty dollars . . . . . . . . . . . . . .. $6,230.00 One thousand, two hundred seventy-five dollars ........ $1,275.00 Two hundred fifty dollars. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250.00 I Fees will be valid for a period of ninety (90) days from date of proposal. \ \ 4 .l6B 1 5 Page 3 Mr. Chuck Dunbar Agnoli, Barber & Brundage ACA Proposal # 8310 March 20, 1997 Payment Terms: ACA will invoice monthly in accordance with percent complete. Payment terms are 30 days. It is understood that this agreement is between ACA and the addressee and payment is not contingent on payment from a third party unless other written agreements or guarantees are agreed to by both parties and attached hereto. We appreciate the opportunity of submitting this proposal and look forward to working with you on this project. If acceptable, 8 spaco is provided for an authorized signature. W. will consider the return of the signed original letter as our legal contract and Notice to Proceed. APPROVED AND ACCEPTED: t I , . I \ 1 ~ By: Typed or Printed Name: I have read and agree to payment terms: Authorized Fea: Purchase Order No.: Data: (Authorized Signature) (please initial) Very truly yours, Aerial Cartographies of America, Inc. ~ 1~ s.~. James H. HumphrAY, P.S.M. President JHH/pb Enclosures: photogrammetric survey requirements diagram "......,..,__,0.... '.. . . ,. 1681 5 PHOT09RAMMETRIC SURVEY REaU'~eMENTS In order to allow photogrammetry to meet the accuracies specified for this project. the field survey must meet or exceed the following specifications or standards for targeting, horizontal or vertical accuracy. Iaraetina · All targeted points shall be made of material or painted that clearly contrasts with the background. Target size should comply with client or photogrammetrist specification. · The targets should be placed flush with the ground in an area that is typical of the surrounding terrain. · Placement of targets need to agree with photogrammetric requirements. · FOOT projects will comply with that district's specifications. Photo Identities · Location and description of these pOints will be supplied by the photogrammetrist. Horizontal Control · All horizontal control surveys shall be of third order accuracy or better. · Surveys may be performed by conventional traversing or by GPS. . Furnish control location map and tabulated list upon completion. Vertical Control · All vertical control shall be of at least third order accuracy. · Control point numbers are to be identified on each photograph. · Furnish a vertical control listing and tabulated list upon completion. The horizontal and vertical points used for photogrammetric centrol will be turning points on the traverse and bench run. No side shots wilt be acceptable unless verified from two positions. All control is to be delivered on a computer disk in a ASCII format with control map and copies of original field notes. I ; i i I ! 1 , , I ! . 16 B1 7 . \ i r i I 1 \ I ! 1 J \ I ORANGE BJ..oSSOM DRIVE IMPROVEMENTS CONSTRUCTION ESCROW Tins AGREEMENT. dated the 64. day of . 1997. is by and among The Board of County Commissioners of Collier Coun ,Florida, as the governing body of Collier County, and as Ex-Officio. the governing Boa of the Collier County Water- Sewer District. ("County"), Touchstone Development of Naples, Inc., a Florida corporation. ("Touchstone"), Centex Homes, a Nevada General Partnership "(Centex"), Wilson, Miller, Barton & Peek, ("Engineer"), and Kelly, Price, Passidomo & Siket, ("Escrow Agent"). All of the parties to this Agreement, except the Engineer and Escrow Agent. are collectively referred to in this Agreement as Owners. R E C I TAL S: A. Touchstone is the developer of a certain residential real estate development in Collier County, Florida, known as Calusa Bay. Calusa Bay is located on the northeast comer of the intersection of Goodlette- Frank Road and Orange Blossom Drive. In connection with said development, Touchstone will be constructing certain improvements on Orange Blossom Drive consisting of turn lanes and an entrance into the Calusa Bay development pursuant to plans and specifications prepared by Engineer. B. Centex is the developer of a certain residential real estate development in Collier County, Florida, known as Autumn Woods. Autumn Woods is located on the southeast comer of the intersection of Goodlette-Frank Road and Orange Blossom Drive. In connection with said development, Cent ex will be constructing certain improvements on Orange Blossom Drive consisting of turn lanes and an entrance into the Autumn Woods development pursuant to plans and specifications prepared by Engineer. C. In addition to the improvements to be constructed by Touchstone and Centex as described above, County wishes to construct paved road shoulders, a westbound right turn lane, sidewalk improvements, pedestrian upgrades to the existing traffic signal at Orange Blossom Drive and Goodlette-Frank Road and the completion of a water main between the ends of two existing water mains along Orange Blossom Drive (herein referred to as "additional improvements") . D. County, Touchstone and Centex desire to provide for the concurrent construction of all of the said improvements including the additional improvements and the design and pennitting of said improvements, and inspection of said construction by Engineer, along with the escrowing with Escrow Agent of the funds necessary for such construction. all under the tenns and conditions as set forth herein. , 1 I , I ! l t " ; I I , I \ \ l \ I I t 1 ~ ! l J i ; I . 10817 B. County, Touchstone and Centex have each agreed to fund their respective portions of said improvements in the amounts set forth below and under the tenns and conditions as set forth herein. AGBf.FMF.NT IN CONSIDERA nON of the premises and the mutual benefits obtained. the parties agree as fonows: 1. Owners will deposit with the Escrow Agent the following sums in connection with constmction of each of their respective portions of the improvements. as detennined by Engineer. as follows: Centex (roadway and entmtce) $109.780.00 $ 40,000.00 $ 55,000.00 County (roadway and water) Touchstone (roadway and entrance) The Escrow Agent shall deposit the escrowed funds in an interest bearing escrow account in a federally insured institution. Inte1'e'.st shall accrue to the benefit of each Owner in proportion to that Owner's contribution to the escrow. Any funds remaining in the escrow account after completion of the aforesaid improvements, shall be disbursed to the Owners in the same proportions as the deposits made by each Owner. 2. The said sums as provided in paragraph 1. above include. without limitation the construction costs of all of the improvements. 3. Touchstone agrees to negotiate a Construction Contract in a fonnat and with American Underground Company under tenns as approved by Centex and County for the construction of the improvements contemplated herein. A copy of said Construction Contract shall be attached hereto. This Escrow Agreement should be interpreted in conjunction with the Construction Contract. Touchstone shall act as the Project Coordinator with the contractor named in said Construction Contract in connection with the construction of said improvements, provided. however, Touchstone shall not be held liable for any defects in construction or negligence by the contractor in connection with the said construction, it being the parties' intent that Touchstone is not acting as a general contractor and is only acting as Project Coordinator for no compensation and as an accommodation to the parties in order to coordinate the concurrent construction of all of the improvements. Pag, 2 0/8 ..-"""'----_._-_.._--"'_...,..-".."'_.,'<.,..'"""'""'....---.~..... ... i \ 1 I \ i \ I 4. The Escrow Agent is authorized and directed to disburse the funds dcpositl-d ~ hereunder in such amounts as contained in the written direction from the Engineer, pursuant to I','.. the Construction Contract to: .. a. Pay costs of construction of the improvements; and r b, Oblain release and satisfaction of liens and other encumbrances. if any,l',' pursuant to statements of amounts due which must be approved by the owners.j , 5. Prior to each disbursement authorization to Escrow Agent, the Engineer shall ' certify to Owners and the Escrow Agent the work has progressed to the point indicated and materials are in place as indicated by a request for payment of the contractor named in the Construction Contract. Engineer will make semi-monthly visits to the site to observe the progress of the executed work and to detennine, in general, if the work is proceeding in accordance with the Construction Contract and this Agreement. Engineer's efforts wilt be Jirected toward providing for Owners a greater degree of confidence that the completed work will confonn to the Construction Contract and this Agreement. On the basis of such visits and on-site observations as an experienced and qualified design professional, Engineer will keep, Owners infonned of the progress of the work and will endeavor to guard Owners against defects and deficiencies in the work. 6. Disbursements shall be monthly in accordance with the tenns and conditions of this Escrow Agreement and the Construction Contract. 7. fumished: Prior to the first disbursement of funds hereunder, the Escrow Agent shall be a. A sworn Owners' statement disclosing all contracts entered into by the Owners and setting forth the names of the contractors, their addresses, work or material to be furnished, amounts of contracts, amounts paid to date, and balance dUCt if any. 8. furnished: Prior to each disbursement of funds hereunder, the Escrow Agent shall be a. A sworn statement from the contractor setting forth all contractors and material men with whom they have contracted, amounts of contracts. amounts paid to date, amounts being requested, and balances due, together with the names of all persons, finns or other entities who have given a Notice to Owner. b. A sworn statement from the Engineer setting forth contracts to be paid amounts to be paid, together with the names of all persons, finns or other entities whO have given a Notice to Owner. as provided in Section 716.06(2)(c) of the Florida: Statutes. Page 3 of8 --"""-""._,,,,,,,,,.,,,~,,,~,,,,,,,,,,,,,,,-,,,,,,",,_.....-,.....,,,_., - - - ---rl--~ ff1J rr- - 1681 7 1 I ! , l. 1 I c. An approval by the Owners of the requested disbursement. d. Sufficient funds in the escrow account to cover the requested disbursement. and to pay for approved extras or change orders for which waivers have not been deposited and for which funds have not previously been deposited. e. Statement, waivers, affidavits, supporting waivers and releases of li~n (if necessary) s,1tisfactory to Escrow Agent. The Engineer shall obtain lien waivers or paniallien waivers, as appropriate, from the contractor and from each sub-contractor or materialman who is made known to the Engineer. 9. All disbursements for construction purvoscs will be made payable to the contractor named in thf" Construction Contract. J O. Any approvals required to be obtained from County, as contemplated by the substance of this Agreement, may be executed on behalf of the County by Edward J. Kant, P.E. ; j ~ 1 i I . j . , , 11. In conjunction with the final disbursement of funds hereunder, the Engineer shall obtain and supply to Escrow Agent a sworn Owners' statement disclosing the various contracts entered into by the Owners and setting forth the names of the contractors, their addresses, work or material to be furnished, amounts of contracts, amounts paid to date and balances due, together with evidence of payment, and a Contractor's Final Affidavit and Release of Lien. alor g with final releases from all subscontractors, suppliers, materialmen who gave Notices to Owner. 12. If the Engineer or Escrow Agent discovers a misstatement in an affidavit furnished by the contractor or Owners, it may stop disbursement until the misstatement has been corrected. 13. The functions and duties assumed by Escrow Agent and Engineer as to this Agreement include only those described in this Agreement, and the Escrow Agent and Engineer are not obligated to act except in accordance wit the terms and conditions of this Escrow Agreement. 14. Neither Escrow Agent nor Engineer shall be responsible for any loss of documents or funds while such documents or funds are not in its custody. Documents or funds deposited in the United States Mail shall not be construed as being in the custody of the Escrow Agent or Engineer. 15. In the event conflicting demands are made against any funds held in escrow. Escrow Agent may pay said amount to Owners jointly, and thereby tenninate any liability therefore under this Agreement. Owners agree to indemnify Escrow Agent against all damages. expenses and costs, including anorney's fees, incurred by Escrow Agent as a result of claims Pagt -10/8 w .",t "._~..-...._._.....--_............,,~ "...,--~~..."'_..... '. " ' ,'. .' 'I"" , . ,- , .' "" . " .... ~" . \. ' . I . , . . ; . , '" . . ~ 4 I. ' , " '\ ~ ~. < \... . .' , 1681 7 made by third parties to said escrow funds or as a result of claims made by third parties against Escrow Agent for wrongful disbursement of.:scrow funds, unless Escrow Agent has acted with willful misconduct or gross negligence. 16. This Agreement shall be construed under and in accordance with the laws of the State of Florida and all actions brought hereunder. whether at law or in equity, shall be brought in the Circuit Court in and for Collier County. Florida. 17. References to this Agreement shall include any amendment or renewal thereof. 18. In the case anyone or more of the provisions contained in this Agreement shall. for any reason, be held to be invalid, illegal, or unenforceable in any respect. such invalidity. 'ittegality. or unenforceability shall not affect any other provision, and this Agreement shall be construed as if such invalid. illegal or unenforceable provisions had never been contained herein. 19. This Agreement supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. I 1 I ~ 1 I 1 i 20. This Agreement contains the entire agreement of the parties with respect to the subject matter, and no amendment, modification, or waiver of any provision hereof shall be valid unless in writing and signed by the parties hereto. 21. Whenever any notice is required or pennitted to be given under any provision of Lhis Agreement, su(;h notice shall be in writing, signed by or on behalf of the party giving the notice and shall be deemed to have been given when delivered by personal delivery or mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to the party or parties to whom such notice is to be given, as follows (or at such other address as shall have been stated in a previous notice similarly given): a. Collier County Board of Commissioners Collier County Government Center 3001 Tamiami Tra;l East Naples. Florida 34112 Attention: Edward J. Kant. P.E. b. Touchstone Development of Naples, Inc. c/o Calusa Bay 6900 Goodlette Frank Road North Naples. Florida 34109 Attention: James P. Wallace Pagt 50/8 I 10 --.'-1" .lftIr - -., 1681 7 c. Centex Homes 6702 Lone Oak Boulevard Naples, Florida 34109 Attention: Thomas J. Wegwert d. Wilson, Miller, Barton & Peek 3200 Bailey Lane Naples, Florida 34105 Attention: Nonnan J. Trebilcock, P.E. e. Kelly, Price, Passidomo & Siket 2640 Golden Gate Parkway, Suite #315 Naples, Florida 34105 Attention: Kathleen C. Passidomo, Esq. 22. If any action at law or in equity is brought to enforce or interpret the tenns of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and no~essary disbursements in addition to any other relief to which such party may be entitled. 23. In the event of any dispute as to the precise meaning of any tenn contained herein. the principles of construction and interpretation that written documents be construed against the party preparing the same shaH not be applicable. 24. This ..A greement is intended for the benefit of the Owner, Escrow Agent and Engineer only and no other parties shall have any claims as intended beneficiaries hereunder. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first abo\'e written. " ~ ATTEST: ....;;~Qt Part 6 oJ8 ~ 1681 7 BOARD OF COUNTY COl\tlMlSSIONERS OF COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COlJrl."'TY AND AS EX-OmCIO. THE GOVERNING BOARD OF THE COUJER COUNTY W ATER-SEWER DISTRICT By: ~~/~d , Timo L. Hancock Its: Chainnan Approved as to fonn and ~Isum:c~d; ,L 11 ~ County Attom~ II ~ '! ,i; Witnesses: t 'i t ~ I ~ !1 ~ i '~ :'ri 0: :J '~ ,It: ' r~ ~. j1'~ ili ~~ ~ H, ~ .1/ Pag," 0/8 . . " ". . ~ . ' "., ' ,.' " -", , , ':- " ..' ", ' , .' . 1681 7 . . . Witnesses: CENTEX HOMES, a Nevada General Partnership. By: It's General Partner: CENTEX REAL ESTATE CORPORATION. a ~Corporation: fJelNio.... '"I fi~LM j)? /h:..Q ~ . (Witness #1) I-o....LLfn... 111, 4,1C.~ (Printed Name) . -, .~ ::::.. ... -:.__./ ,/. '- l __ (Witness #2) '"7"") -- ~~ ;."",lot' 'L /, /.- .~- (Printed Name) BY-:Z ~. Timot ~ RuemleR Its: Division President wn.sON, MD,I.F..R, BARTON & PEEK: By: ./~ //J /0l c~ / ./':,.;' cP'#~ 4-;/~ Fennin Diu /' C/ Senior Vice ~dent & C.O.O. Cr-o 'nted Name) ~ Ko~LA \(~ ~ (Witness #2) At f} I A... ~ S C-a-\- t (Printed Name) Its: KELLY, PRICE, PASSIDOMO & SIKET: -- By: Its: Pag, 8 0/8 ,I I .~ ':t i ,;J '.1.1......,'",.,'." y ,- ~j I :~ 1:1 f'~ II :, '~~;~~h': . " ," ..",.. : 1 .': '. ~, :, : I . ':' .:' ' ... 1681 7. .. , . .. \ AlA Document AlOl ." ... .. ""'..... "".. "" ~ ...: ,!? " .:~ ,15 ~l;. t ..~ , Standard Form of Agreement Between Owner and Contractor where the basis a/payment is a ST/PULA TED SUM 1987 EDITION TIllS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN A ITORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition 01 AL~ Document A201. General Collditions of the Contract for Construction. I.r adopted In this document by reference. Do not use with other general conditions unless this document I.r modified This document has been approved and endorsed by the Associated General Contractors of America. AGREEMENT made as of the 15tb day of April Nineteen Hundred and Ninety-seven in the year of BETWEEN the Owner: ~Q"" Qw.4ddn#J Touchstone Development of Naples, Inc. 6900 Goodlctte Road N. Naples, FL 34109 and the Contractor: AMERICAt'i UNDERGROUND UTILITIES, INC. 4584 ENTERPRISE AVENUE, UNIT *1 NAPLES, FLORIDA 33942 (NII_ ud .~dd,ns) The Project is: (Nam~ and .~Jd,us) Goodlette Road - Orange nto!lsom Improvements 6900 Goodlette Road N. Naples, FL 34109 The Engineer is: (NtlIrf~ lIIId AddrUJ) Wilson, Miller, Barton and Peek Suite 200, 3200 Bailey Lane at Airport Road Naples, FL 32801 The Owner and Contractor agree as set forth below. AlA DOCUMENT A101 . OWNER CONTRACTOR AGREEMENT . TWElFTH eDITION . AlA . 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON DC:zoooe A101-1987 1 ",~_"'."'''''~I''''',''__''''''''______ llIl . r 16817 ARTICl. E ~ THE CONTRACT DOCUMENTS The Contract Documents consist oCthis Acm:mmt, Conditions oCthe Contract (General. Supplemerlllry and other Conditions). Dnwmp. SpecifiC1t:,m, .\JcJenda Issue4 prior to execution oCthis Alf'CCr1Ient, other documents Iiste4 in this Apmnent and Modifications ~ after execution of lhi, Agreement; these Conn the ContraCt. and are as tully a part of the ContrKt as IfattKhed to lhis Apeemcnt Of rqlQICd herein. The: Ccntract rcprnents the entire and intepte4 agreement between the parties hereto and supersedes priOl' nqodllllons. represcntatior,s Of aGrttments. either written or oral, An enumeration oCthe ContrllCt Documents. olber thin Modifications. -wan In Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The ContrJc:o; shall e.tccute the entire Work de:lCribed in the ContrKt Documents. except to the extent speciftc:ally IDdkated in dle COClQ'Ia Documents to ~ lhe responsibility oC others. or as Collows: COODLETfE ROAD - ORANGE BLOSSOM IMPROVEMENTS ARTICLE 3 THE WORK OF THIS CONTRACT 3.1 The date oC commencement is the date from which the ContrKt Time ofPar.\&flph 3.2 is measured. and shall be the date of this Agreement. a, first written above. unless a different date is stated below or provision is made Cor the date to be fixed in a notice to proceed issued by lh, O'l\a, (1_ IN dDu of .."'"~m"<ln'nt. if" r/Jifrn/__ 1M ar "/ritu Arrr....- or, """"lctIb/r, 1lOI. t/tal 1M dat. ..,11 br find ill 1It_," to pI'OCffft) Date of Notice to proceed by owner. Unless the date \)( commencement is established by II norice to pl'tlCeed issued by the Owner. the Contractor shall notify the Owner in wrilinl not less than (".c days before commencing the Work to pennit the timely filing of mortgages. mechanic's liens and other security interests. 3.2 Thc Conuac:tor shall achieve Substantial Completion oCthe entire Work not later than (hum *~"'rrr~ttft:lll__"'J t1fIrrtM tU, ttf"-'- AUo fVm,.., mpn_for..t_SW-WC~ ttf~,.,-rf* root. f"", ~~.. * c...., aoc-_J.) June 3.1997 . subject to adjustments oC this Contract Time as provided in the Contract Documents. (1Mm """""OIU, ,[ .my, [0' IIrpIdatrr/ ~J n/_"'f to /mill" to COIIlp/rf' "" _,) None. AlA DOCUMENT A101 . OWNER CONTRACTOR AGREEMENT . TWELFTH EomoN . AlA . 11187 THE AMERICAN INSTITVTE OF ARCHITECTS. 1735 NEW YORI< AVENUE. N'w,. WASHINGTON DC 20006 A101.1987 2 .. ".....,'----,~"...."_...'_. ...' '.1 _ I 1681 7 ARTICLE 4 CONTRACT SUM 4.1 Tho: Owner shall pny the Conlroctor in current funds for the Contr:lctor'S perfonnance oCthe Contr.l.Ct the Contr:lCt Sum of Two Hundred. Four Tt1ousand, Seven Hundred and Eighty Dollar$ ($ 204.780.00 ). subject to additions:lnd deductions as provided in the Contract Documents. 4.2 The Contract Sum is base upon the following alternates.. if any. which are described in the Contr:lct Documents and 3tC hm:b)' accepted by the Owner: (Slatr rlt. "...It,,, ". v/It.. tJ'"f1{1CI1f''''' of 1K':'p'rJ "t"mat.!, I{ JtcrSIOft$ Oft "'M' ctI""""" an ", k ...... b" 1M 0wMr nt6"'fW1W ,., IN ...-- of rim A('ft-, _II. IC"'tJu1~ of nu:J, ltl"~' l1!rtmaru J"U1W'''~ rh~ """0"'" jo" tacit """ tlt~ J&n. tit"" wltrcll 1M omOWtf., YOlHl.) This contract sum is based on three following amounts deposited in an escrow account: , Touchstone Development of Naples. Inc. Centex Corp. Collier County $ .040,000.00 55.000.00 109.780.00 If ary party refused to enter in their portion of the esrow account. then. those improvements will be deleted from this contrad as de~cribed in Exhibit A and Section 4.2. of this contract. r ~ 4.3 Unit prices. irany. are as foIlO'-'"5: , - Exhibit A (Unit Prices) 4.4 rdcr : items added and/or ch;l!1geu to Exhibit A will be approved by Wilson. Miller. Barton ;l!1d Peek in writing by Owtsc Order priOf ent of work, Wilson. Miller. Banon and Peek will approve all change orders with Touchstone Dcvlcopment ofN~Ies.Ine.. d Collier County. , .~ \ft AlA DOCUMENT A101 . OWNER CONTRACTOR AGREEMENT . TWELFTH EDITION . AlA . 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW VORK AVENUE. NW.. WASHINGTON DC 2000S A101.1987 3 ARTICLE 5 PROGRESS~MENT5 5.1 BlI.$ed upon Applications for Payment submitted to the Owner by the Contnlctor and CenifiCltcs for Payment issued by the Owner. the Owner shall make progress payments on aC\:ount oCthe Contract Sum to the Contractor IS provided below and elsewhere in the ContrICt Documents. 5.2 The period covered by each Application for Payment shall be one c:llendar month ending on the last day of the month. or ~ follows: Rofer \0 5,3 5.3 Provided an Application for Payment is received by the Owner not later than the 25th d.., ora month. the Owner shall make payment from the escrow account '0 the Contractor not later than the 10th the fonowing month. If.. Applic:ltion for Payment is received by the Owner after the applic3tion date fi~ed aoo\'Co payment shall be made by the Owner from the escrow account not later than ten (10) days :U\er the Owner receivcs the Applic3tion for Payment. Note: all applications for pa)tnent must be approved by Wilson. Miller. Barton and Peek. 5.4 Each Application for Payment shall be based upon the Schedule oCValucs submitted by Contractor in accordance with the Contnc:t Documents, The Schedule of Values shall 3110cate the entire Contract Sum among the vmous ponions of the Work and be prepared in such form and suppor1ed by such data to substantiate its accuracy as the O....'T\er may require. This Schedule. unless objected to b)' the Owner. shall be used as a basis for reviewing the Contractor's Application for Payment. 5.5 Applic.:ltions fur POlyment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Pa)1nent. 5.6 Subject to the provisions of the Contract Documents. the amount oC each progTCS$ payment shall be computed as follows: 5.6.1 Thllll that pOr1ion of the Contract Sum propcrly :1I1ocable to completed Work as determined by multiplying the percentage completion of each pOr1ion of the Work by the share: of the total Contract Sum allocated to that ponion of the Work in the Schedule of V:lIues. less retain age of TEN percent ( 10 %). Pending fin:1l determination of cost to the Owner ofchangcs in the Wort. amounts not in dispute may be included:lS provided in Subparagnph 7.3.7. of the General Conditions e\'en though the Contract Sum has nol yet been adjusted by Change Order; 5.6.2 Add that pOr1ion of the Contr.1ct Sum properly allOQble 10 materials and equipment delivered and suitably stored at the site (Of sub5equent incorporation in the completed construction (or. jf l1pproved in advance by the Owner. suitably stored off the site lit a IClCIrion agreed upon in wr!ting).less retain age of TEN percent ( 10 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtr.l.ct amounts. if any. for which the Owner has withheld or nullilied a Cenificate for Payment as provided in Paravaph 9.S of the Gener.U Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be l'unher modified under the Collowinl eircumst:tnces: 5.7.1 Add. upon Substantial Completion of the Work. a sum sufficient to incre:1Se the total payments to ONE HUNDRED pert'CIlt (100 ~.) oCthe Contract Sum, less such amounts as the owner shall determine Cor incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault oCthc Contractor. any addition.al amounts pa)'llble in accordance with Subparagraph 9,10.3 of the General Conditions. 5.8 Reduction or limitation of retain age. if an)'. shall be as follows: . (If If II ~ _ .. s...- c~ II{I/w _ ........ .. ,,",,-., _...".......,....,it- ... ~ - .~ ...'..... J...,.... J.":' -- ........ -........ __ ....c.- _ _,....,..--",.-11 .............-, Retamage will be paid 30 daytl after Final Completion verified by Wilson. Miner. Barton and Peek. AlA DOCUMENT ...101 . OWNER CONTRACTOR AGREEMENT . TWELfiH EDmON . AlA . 1St7 THEAMER1CAN INSTITUTE OF ARCHITECTS. 1735 NEWYORKAVENtJE. N.W.. WASHINGTON DC 2ClOOe A,OMH'7" 1681 7 ARTICLE 6 FINAL PAYMENT . Final payment. constituting the entire unpaid balance of the Contract Sum. shalt be made by the Owner to the ConU'llCtOf when ( ') the Co:\traCt has been fully performe4 by the Contn1ctor except for the ContnlctOr'S responsibility to correct non conforming Worlt as pl"Oyidcd In Sub'ar:lgraph 12.2.2 of the General Conditions and to satisfy other requirements. ihny. which necessarily survh'e fln:!1 pa)1tICl\t; and el) a final Certific:lte for P:lyment has been issued by the Archilect~ such final payment shall be mllde by the Owner not more th:ln 30 ~, after thc iss'J:lI1ce of the Architect's fin:ll Certificate for Pa.yment. or as follows: .: " ., ARTICLE 7 MISCELLANEOUS PROVISIONS 1 :' ~,I',,( ,1'.J. . f. ':~ : ."~. " l li~ ; :: i j i' .~ (,:' ~ .1,;, , tl j ~t; ~l 'L ~ , ~ " ; :.~:t 1 .~ See Article 5.8 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contrllct Document, the rcfen:nce refers to that provision as amended or supplemented by other provisions oCthe Contract Documents. 7.2 Payments due :lI1d unpaid under the Contr:1ct shall bear interest from the date paymcnts is due at the r:ate stated below. or In dlc absence thereof. at the legal r:ate prevailing from time to time at the place where the Projcct is located. (I".." ro" of ",""Sf ~trl.pM. '" 11I)1.) 1% (t'..ry low. _/ rrqu,,,mt71ts wokr IIw FrJerol Truth '" Lmchttt ,~a. """ltII' JtI1Ie -' 1<<tIi roruumrr cnJtt ~ """ rrP- tit"" o-rn ""/C-""" ~,-a of bu."IIe.u, th. Joca"nn of tit. P1OJ<)1 a1!.ct tit. wz/I<hty "I thu pro>'Ulon Lt~,,1 odm. sItotJJ b. obtcttMJ wttIt nsprcr 10 JrI_ ... ~ ",,/... tt/{ll"''''K rrqur"mell's sucIt lIS wnlt.n J/Sc/cuv"s or _,...rs.) 'l t ARTICLE 8 TERMINATION OR SUSPENSION t f ~, " ~~, ~i':~: Ri 1t~ :~ :i, 'I, 7.3 Other provisions: NONE 8.1 The Contract mllY be terminated by the Owncr or the Contnlc:tor as provided in Article 14 of the General Conditions. 8.1 The Work may be suspended by the Owner as provided in Article 14 oCthe General Conditions. AlA DOCUMENT A101 . OWNER CONTRACTOR AGREEMENT . TWELFTH EDmON . AlA . 1987 lliE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON DC 20008 A101.1987 5 _"__"__~,_,,,,,,,,~,_,,____,_,",,,,,,,,-",;,,-,,,,,,'''..4''''''''''''''''''~"''''''''';(;..""""",..<tIJ">lI'_''''''_'~_''"'''''' _, ,,,""."H"_""";'''~'' .."*,.,,,,,",...>.,,,,.,,-,,,,._,,,.",>-~,,,...--....-~.."--"'''''~' ",,,,,,,_..,.,~,_.,,..,,,-,,_..~,,_..._-_"" 1681 7 ,."', . , ", ':; :~, " ii. I'~' " "j , I .~ ,~ 't, 'l't',~~\, , ~;l ~'~rc ~ ARTlCLE 9 ENUMERATION OF CONTRACT DOCUMENTS The ConlnCt Documents. except for Modifications issued after execution oC this Aareernent. are enumenated IS follows: The Agreement is this executed StandlU'd Form of Agreements Between Owner and Contractor, AlA Document AIOI, 1911 9.1 9.1.1 Edition. 9.1.2 The General Conditions are the General Conditions oC the Contract for Constnlctlon. AlA Document A20 I. 1917 Edition. 9.1.3 The Supplementary and other Conditions of the Contract contained in the Project Manual dated and are as follows: Document Title Plla VoJilson, Miller. Barton and Peek Engineering Drawing Goodlette Road. Orange Blossom Improvements Reference . p . <469 9.1.4 The Specifications are those contained in the Project Manual dll.led as In Subparagraph 9.1.3. and are as Collows: (ElM Un rJtr Sp<<ljleot,1JIII Iw" M rrfrr to ... a)l/b" <<I:teItr:J to rIltr "rrr.-.J As per plans by Wilson, Miller, Barton and Peek AlA DOCUMENT A101 . OWNER CONTRACTOR AGREEMENT . 'TWELFTH EDtTlOH . AlA. . 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK A~H\JE. N.W.. WASHtNGTOH DC 20006 A101-11187. 4;o11~_ "~_'ifl.H,*n."" r:.. " 16817 9.1.5 The Drawinp are as ColloWSo and are date4 ElJw, lilt IN ..,."",, Il"~ or ~, /D ... ahrk tIftOdt..J to dIU A~,) unless a different date Is shown below: f'1 Refer to 9.1.3 'J', ' " :: of ,~. ,\' '- t, , ~'} ~r ,~ :~, . i: f' \l 9.1.6 The Addenda. if any. are as fellows: Number Dill Pales Exhibit A ~15197 2 ,I: t ::t ;~ Ponier.s of Addend3 rcl4ting to bidding rcquiremcn~ arc not part oC the ContraCt DocumentS unless thc biddin& requirementS are also enumeraled in this Article 9. NA DOCUMENT A101 . OWNER CONTRACTOR AGREEMENT . TVIEl.F1'H EDITlON . AlA . 1987 THE AMERICAN INSTITUTE OF ~RCHITECTS.173S NE'NYORKAVENl/E. N.W.. WASHINGTON DC 20008 A10,.,9lI7 7 (, " 1" r. ,~ \ i. i I ~ < ~ , ~ 1 ~ u ~ ~ .1 t j \ j' L Q ~ 1 t' J: '. , i I , , , '. > i f ~ ~:. , , , , \ \ , .~ ", t, ,. t ~:' , .; 1 ), f 16 B 17 i'~ '{if ~.~'i.t Exhibit A 9.1.7 Other documents. if any, forming part of the Contract Documents are as follows: (tuI """ Ml'~ ~ .."tdt _ -..JrJ"/o"" ptIIf 11(" C....".. ~ 11N a-NI c........"..,.......... ....-.- adt.. Jo,...1. ".. _ 10 bNl. !rutT1lCfatl to/JlGdrn. ....pt'fomu tIfffI tM C~ W _110I """ II(rItc C--' o.c-- -- -""*'.....~ 7)q"'" k ~ ~ tH1 "",,,,..4 to br port tf tM CClOllrlICf DonMrftt$.) 'jl"- r~' ~ -~~ \c ~ O\IlNER CONTRACroR ~ l -; ; >. V ~ ~ i., ~ T i' if, I~ ~ ~, f ~' This Agreement is entered into as of the day and yw first wrinen above and is executed in at least three original copies in which one is to be delivered to the ContraCtor. Ohe to the Architect for use in the AdministrlLlion oC the Contr.1Cl. and the remainder to the Qwncr. :: rf (SIJ'II4f1"YJ ij 'j :k I: (S1p:ltwT) (Prtllud _ and mid fPJTWfI- and ,Itk) AJ.A DOCUMENT A101 . OWNER CONTRACTOR AGREEMENT . lWELFTH EOmoN . ^IA . 1917 THE AAtERlCo6.N INSTITUTE OF ARCHITECTS. 1735 NEW YORK ^VENUE. N.W., WASHINGTON DC 2OClO6 A101-1117. r I, :\ '\\ \\ ~ ArT: ,OHN ,SVOBODA II tAO~"""'TTr.l 'C I rOUCHSTO~E cO~MU~r!ES llTNU - \ H 00 GOOOLETTE RO II erN.""""'" ZIP COOt ' ---- il HAHES. F:.:..._2.~9~_ I AI'lQ1IT1!CT I, \1 w. "-lIOy 1UClIIlI1,l)tCrfk;aoonl .,.., ~.* ',')r 1\ II It .- ! !\.- I II 1 II' e II I 11-- 1\ .. j I . I . I ' Il- l \ ~ ,~'- I \- , I \ - ,. I \- \ . . , 2 II 1 1'- ry ;\ ~ I ~.: ~. ~ ~ I f ~. ~ t ~' [, ~ '" {. } " . i '.. .. ~"8 ... '- .... - .... ... .... 1681 7 , 1 PI9'l NO .: roposa =------==:-- AMERICAN UNDERGROUND UTILITIES, INC. 4584 Enterpris. Avo. Ul'1it 1 NAPLES. flORIDA 34104 (941) 643.1922 I FAX (941) 643-2410 -CU.C041S33 l~ . 566-9911 of ~:-:II. . ".. .. ,. .. I, i .. .' =:..::.~........ .. . .1. I c.,,,. OF ~ I ; JOI.......e -\ CALUSA I JOILOCA T10H \ I ----~--_... 1 "-15-91 v _----A ..---..- ,~ .t' - .),~ .01 BAY TURN LANE i. .. ~JOl''''''''' ".. ';it . . 'M il~' -'- --~-, AS ?ER ATTACHED BREAKDOW~ ;l ~ ,~ !i )1 t-.... "f~ rURU LANe , ,_. -- . --, sf 0 4 , 7 I a . 00 ... ~..... .........."... ... .. ..-' --...... HaTE: :i . ,: f ,I " " k J ,') : I {~:~~ n ~:~ :J I 'I ,~' : A1 STAKE OUT, PE~MI rs Aut>" FE~:S 'SY "OTHERS'- . 81 CLEARr~G ~ GRUBBING I~CLUOEOS SAW cur ASPHA~T, ASPIiAL T THEJ,(~t1Ar AfroorHE~ -t Nt fD"lNf ALS':- - ..- c) PVC PIPE IUCLUOEOS SLOW OFFS, TIE IU'S A~V ~OAOWAY D 1 SOO FOR Mo~rEREY"'tS NOT HiC1UVEO:- .,- ..., .., E) RCP PI?E !~CLUDEDS TIE IU'S TO EXIST ORAI~AGE. REPA: ...-.....- ---... .....---.-..--.... !...~'S,;.- ---.- --- Hit tJrapost ~tl~ ~~.~~ mateflal and laDor - complete In aCl:crdanCI ,~lIth abo'lo! $~.C:rIGatIO:'lS. for '!"It' 'IJ'" ;' LU~P SUM $%04,1lQ.OD __ do~ ($ _'-- f1~~I1~C~Tl-1. 'PAYMe~T DUE ')N 10TH __-.__----.4 -----.- ~. M .".,._ ;s Q\I.,.IIt~NC 10 :>0 M .-:o^-4 ~ ._ In lie __ ll\ · -......... tI\MV*' _09 '0 sl8t'O<Wd oroce.s Ant uu,nl_ or .,........", ~ 100>. ~ Ift-"'J __ _ .... De ..~ ...... ,..,.,., ....- ""..,., - ... - ... -- .. ~____.-. ,.......~...'lI1~--"'""--- 'lor ~ ~ - -..-.I O-!O '..sr... '7... -._=- - - ---......- Ovr -.-. -1\011 ~ ~ -. :"._.,.--- h-cctPtanr;~t ~r;p;;jai . rhe~onc'''~'1lOll1l 'i II'ld :oNlltlons arc )11n'~tO<Y trld ~ II,""", ICctOtfG. 'ltlu .,. IUtll(lt1Zt(I t to 40 ""' wortI n SO('CItect p~tlHIt .... ~ INd. ,. I)Ultintd --. ~nd SlQnfo/l.It . -' -~~ --- 5ipIUtt S:D " 26-04F ~!CAH ~ UTILITIES INC. 4514 ~ts& AU'!. NAPLES, F1.. Pt<<:W€ "43-19 U F~ "43-24'0 ProJECT CALUSA SAY OR~GCBLQSSOM TURN WE FIN.IJ. PlA'JS oeS~tlJTLCN .. ru~ LAJ.JE at ~!NT OF ~IC CL!A~!~ ~ G1(U28!NG ~NT I.MPORTE} FiL.I.. CEmex FILL FURUISHEO BY rsc OU SITE 1 2" Sf AS SW3GTtt.D€ '" UItlEROCJ( aASE 1" S-UI ASPHALT too S-1 ASPHALT i"/9E F CURB TYPE D CtJR13 DITCH arM INLET TYPE C IoWJHOLE AD.1USTMEJ.JT 1'5" RCP PI?E 1 5" ~~ J' t 'Pc .....,UT'E'REY 15" /rES 15" FES 'WJCTION BOX 4" CONe SI~ 6" CON<: S!I< seo + ~CH SOOOING &AlitA SIGHING ANO IM.~ING VALVE .o1USTMENT 12 · UJo\ c;..i T'E VAL VI: 10" CA.M (;,Arc VALliE 10. PUC WM CL200 PIPE 12" PVC l.IIA CL 1!0 PIPE 12" PVC ~ C.l..200 FIFE 1%" AIR RE~ ASSSM. a" tlJA1CJlMA!JJ DE7=l.!CT!ONS TOTAL TURN LANES wi REVIsrONS ~, ~.lGC 2 OF 2 04/15/91 T1:0a Nt4 10817 QTY SIt> lUHT all) ~ 1 LS I 5S00.~0 5500.00 $ I , LS I 9300.00 9300.00 :i I t, , t.S : 11713.;10 111l3.!O f 1076 Ci 6.10 6611. 20 ~., , 2191 r::t Lao -'394.00 I 32.54 Sy 2.00 650&.00 1743 ~ 5.75 15712.25 5125 Sy 3.00 15315.00 ,',j; ," 2743 Sy 4.75 13029.ZS t. 335 LF 4.i5 1591. ts I 525 LF .. lJ t) ~200.00 1 EA 1200.00 1200.00 5 EA 515. oa 2115.00 1(' 467 l..F '1.S0 1172.50 ;ii, 110 LF 20.00 UOO .00 f 5 EA 700.CO 3500.0" ih, 2 EA 950.00 1900.00 f IS... 1250.00 1250.00 1105 Sy 16.00 unO.DO 6 SI I 25.00 '50.00 I 2471 SY , 0.25 617.15 I 2116 Sf I 1.25 3-410.00 I 1 LS I 8200.00 1200.00 I 10 EA , 450.00 ~500.00 , 2 EA , '.415.00 %950.00. : I 1 E.A I 1250.00 1150.00 I 20 L.F I 41.00 940.00 I 1460 l.F I %3.00 335'0.QO I 740 U' , %1.50 3990.00 I 1 EA , 1100.00 1100.00 , 0 EJt. I 2500.00 0.00 I 20'110.00 t " 1 ~ i, f ~. ~ t " \ ~' ~ .. l ~ (~, r 1 f ! }.EASE AGREEMENT lbD 1 , l...) . / THIS LEASE AGREEMENT entered into this ~ day of , / ,h., , 1997. between East Naples Fire Control and Rescue District, an Independent Special District of thefounty of Collier, State of Florida. created under Chapter 65-1413 and 79-444. Laws of Florida. and its successors. whose mailing address is 4798 Davis Boulevard. Naples, Florida 34112. hereinafler referred to as "LESSOR". and COLLIER COUNTY, a political subdivision of the State of Florida. whose mailing address is 3301 East Tamiami Trail, Naples. Florida 34112. hereinal1er referred as "LESSEE". WITNESSETH , \ \ 1 J I I I I \ 1 \ 1 . I J , I I ~ t In consideration of the mutual covenants contained herein. and other valuable consideration. the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR one (I) apparatus bay (middle bay), hereinafler referred to as "EMS Department Area", and the access and use of the entire facility shall be shared by LESSEE and LESSOR. hereinafter referred to as "Shared Area", at Station #23 which is located at 7227 Isle of Capri Road, Naples. Florida. hereinafter referred to as the "Demised Premises", ARTICLE 2. TemlofLease LESSEE shall have and hold the Demised Premises for a tenn of five (5) years. hereinafter referred to as the "Initial Tenn", commencing on the date in which LESSEE'S improvements to the Demised Premises arc completed. hereinafler referred to as "Commencement Date", LESSEE shan advise LESSOR. in writing. of the Commencement Date. Provided LESSEE is not in default of any of the tenns contained in this Agreement. this Agreement shall be automatically renewed for an additional five (5) year tenn (as many as five (5) such additional live (5) year tenns). upon the tenns and conditions set forth in this Agreement, so long as neither LESSOR nor LESSEE shall give notice to the other of such party's election not to renew this Lease prior to the expiration of the then- existing Lease tenn. During any Renewal Term. the LESSEE or LESSOR may tenninate this Agreement. with or without cause. upon sixty (60) days prior written notice of sllch tennination to the other party at the address set forth in ARTICLE 14 of this Agreement. Said notice period shall be effective upon placement of the written notice in an officinl depository of the United States Post Office. Registered or Certified Mail, Postage Prepaid. This Lease shall terminate upon transfer of ownership of the Demised Premises from LESSOR to anolher persoll or entity. ~ ~ \ I i l ~ 1 1 ARTICLE 3. .B.mt In lieu of rental payments for the Demised Premises, LESSEE shall provide emergency medical services when such need arises for the sole purpose of protecting the lives of citizens and visitors of Collier County. ARTICLE 4. Renewal Tenn Rent In the event LESSEE elects to renew this Lease. as provided for in ARTICLE 2. the rent set forth in ARTICLE 3 shall remain the same for the Renewal Tenn. ARTICLE 5. Utitities and Incidental Expenses LESSEE shall utilize the existing utilities presently utiliz;:d by LESSOR such as, but not limited to, septic or sewer, water, including potable water, electricity, telephone. janitorial service. gardening and outdoor maintenance, hereinafter referred to as "Expenses", However. LESSEE agrees to pay. in lieu of a pro rata share of the utility charges. three hundred dollars ($300.00) per month to off-set said Expenses, LESSOR and LESSEE shall renegotiate LESSEE'S contribution to said Expenses at eaeh five (5) year renewal to renect reasonable increases in those Expenses. At no time shall an annual increase be greater than five (5) percenL LESSOR shall provide LESSEE with the amount of the increase no later than thirty (30) days following the renewal tenn, .;', 160 1 1 ( 1 I \ \ t l I I , I \ , 1 1 ARTICLE 6, LESSEE'S Compensation for Improvement~ LESSEE acknowledges that the LESSOR may sell the Property during the Initial Tenn or during the Renewal Tenns of this Agreement. In the event the LESSOR accepts any contract for the sale of the Property. the LESSOR shall notify LESSEE of the sale by providing the LESSEE with written notice at least ninety (90) d",;'~ prior to the actual closing date of the Property, or earlier, if possible The notification shall include the cios'l:lg date of the Property along with a ninety (90) day notice to vacate. Said notice shall be effective upon piJccment of the notice in an official depository of the United States Post Office, Registered or Certified Mail. Po,tage Prepaid, At the time of the execution of this Agreement, LESSOR and LESSEE acknowledge that the LESSEE shall make improvements, additions and/or alterations. hereinaner referred to as "Improvements" to the Demised Premises with an estimated cost in the vicinity of forty thousand dollars ($40,000,00), hereinaner referred to as "Estimated Costs". If the LESSEE is required to vacate the Demised Premises as a result of the sale of the Property, the LESSEE and LESSOR agree that LESSOR shall reimburse LESSEE one hundred (100) percent of the actual costs incurred by LESSEE to complete the Improvements if LESSOR sells the Property during LESSEE'S first YCJr of occupancy of the Demised Premises, Following the first year of occupancy, the value of the Improvements will depreciate by twenty (20) percent of the actual costs of the Improvements for each year during the Initial Tenn in which the LESSEE occupies the Demised Premises, The balance of the actual costs shall be reimbursed to the LESSEE as described below by LESSOR within thirty (30) days from the date in which the LESSEE is required to vacate the Demised Premises, At such time. said Improvements shall become the property of the LESSOR, (based on the above-referenced Estimated Cost of the Improvements being $40.000,00) first Year: From the Commencement Date 1997 to the anniversary date 1998. amount reimbursed to LESSEE shall be 100% of the actual cost (Estimated Cost is S40,000,00) Second Year: From anniversary date 1998 to anniversary date 1999, amount reimbursed to LESSEE shall be 80% of the actual cost (Estimated Cost is $32,000,00) Third Year: From anniversary date 1999 to anniversary date 2000. amount reimbursed to LESSEE shall be 60% of the actual cost (Estimated Cost is $24,000,00) Fourth Year: From anniversary dale 2000 to anniversary date 2001, amount reimbursed to LESSEE shall be 40% of the actual cost (Estimated Cost is SI6,000.00) Fifth Year: From anniversary date 2001 to anniversary date 2002, amount reimbursed to LESSEE shall be 20010 of the actual cost (Estimated Cost is $8,000.00) No compensation shall be required for the improvements by LESSOR, or due to LESSEE. for the Renewal Term follo....~ng the Initial Term of this Agreement. ARTICLE 7, Default by LESSE..E Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default. LESSOR may. at its option, terminate this Lease aner sixty (60) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 8. MQdifications to Demised Premises Prior to making any changes, alterations. additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations., improvements., changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement. change, or addition. along with the contemplated starting and completion time for such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny in writing said request for changes. improvements. alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations., improvements. changes or additions proposed by LESSEE. If 2 I ~ K \ 160 1 a: :!~;rty (30) days there has been no response from LESSOR or its designee to said proposals or plans. then ~', ',siknce shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agre.es in connection with any maintenance, repair work, erection, construction., I:';ernent. addition or alteration of any authorized modifications. additions or improvements to the Demised ::iC5, to observe and comply wilh all then and future applicable laws. ordinances, rules, regulation. and ments of the United States of America, State of Florida, County of Collier, and any and all governmental :1",:1(;5. 1 j 1 \ I . , j ] I 1 I \ 1 I I I l l I LESSEE covenants and agrees not to use, occupy, s\lffer or permit said Demised Premises or any part thereof' 10 be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ; :[LE 9. Access to Demis~ Premises LESSOR. its duly authorized agents, representatives and employees, shall have the right aftcr reasonable f'.: \0 LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for I I rpose of examining same and making repairs or janitorial service therein, and for the purposes of irupection liii (u:.lpliance with the provisions of this Lease Agreement. A.. ;lCLE 10. Assignment and Subletting LESSEE covenants and agrees not to assign this Agreement or to sublet the whole or any part of the J :::;d Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any s:. ,\ assignment or subletting, even with the consent of LESSOR. shall not relieve LESSEE from liability for r:::r;-ent of rent or other sums herein provided or from the obligation to keep and be bound by the terms, ('. :it ions and covenants of this Agreement. The acceptance of rent from any other person shall not be deemed t . a waiver ofany of the provisions of this Agreement or to be a consent to the assignment of this Agreement Oi cdJlctting of the Demised Premises, /.:..lCLE II. Indemnity LESSOR shall indemnify and save harmless the LESSEE from and against any and all claims, actions and ~", and from and against any and all losses, damages, costs, charges, reasonable attorneys' fees, payments. C:;;"':1ses and liabilities which LESSEE may sustain or incur due to the negligent act or omission of LESSOR. LESSEE shall indemnify and savc harmless the LESSOR from and against any and all claims, actioru and Si: ~: ,;, and from and against any and all losses, damages, costs, charges, reasonable attorneys' fees. payments. ex ,lenses and liabilities which LESSOR may sustain or incur due to the negligent act or omission of LESSEE. ,\>. iiCLE 12. lIm!.mJK~ LESSEE shall take out and maintain during the course of this Agreement, or any renewal thereof. comprehensive general liability coverage including bodily injury and property damage. premises and operations coY~rage, products and completed operations coverage, broad form property damage coverage. automobile liability coverage including owned automobiles, non-owned automobiles and hired automobiles and contractual liahlity coverage in an amount of not less than one million and 00/1 00 dollars ($1,000.000,00) combined single Ijn~:iS, These insurance policy(ies) shall reflect LESSOR as an additional insured, If LESSEE falls under the State of Florida Worker's Compensation Law, coverage shall be provided for all employees. The coverage shall be for statutory limits in compliance with the applicable State and Federal laws. The policy must include Employer's Liability with a limit of one hundred thousand and 00/100 dollars ($\ 00,000.00) each accident. ARTICLE 13. IWJ.ult by Lessor LESSOR shalJ in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligat:ons within thirty (30) days (or such additional time as is reasonably required to correct such default) afier notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. lbU 1 ARTICLE 14, ~!i Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c.'l) Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building N a pIes. Florida 341 \ 2 LESSOR: East Naples Fire Commissioner East Naples Fire Control and Rescue District 4798 Davis Boulevard Naples. Florida 34112 cc: Fire Chief cc: Office of the County Attorney Emergency Services Dept. Chief ARTICLE IS. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demise: Premises and any improvements made to the Demised Premises upon expiration of this Agreement, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shan be at th~ commencement of the term of this Agreement or may have been put by LESSOR or LESSEE during th: continuance thereof. ordinary wear and tear excepted, ARTICLE 16. Qm~ral ProvisiQDj LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or asency situated in Collier County. and LESSEE acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself. its successor and assigns. to refrain from any use of the Demise: \ Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standad operation!! where other operations share common facilities, LESSOR grant!! LESSEE approval for placement of signage. to be approved by LESSOR. at entry points of the East Naples Fire Station No, 23, LESSEE shall seek to limit its' assigned personnel at the Demised Premises to two (2) persons. Should LESSOR elect to terminate this Agreement, with cause. LESSOR shall compensate LESSEE fvr those actual costs associated with the Improvements made to the Demised Premises based on the calculati0'1 formulated in Article 6 of this Agreement. Should LESSEE elect to terminate this Agreement. with cause, LESSOR shall compensate LESSE,:. based on the calculation formulated in Article 6 of this Agreement for those actual costs associated with the Improvements made to the Demised Premises. ARTICLE 17. Radon Gas In compliance with Section 404.056. Florida Statutes, all parties are hereby made aware of the following: Radon is a naturatty occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time, Levels of radon that exced federal and state guidelines have been found in buildings in Florida. Additional information regarding radon anJ radon testing may be obtained from your county public health unit. t ARTICLE 18. ~ffective Date This Agreement shatt become effective upon execution by both LESSOR and LESSEE. . i , \ 4 .' ,._.;....-...... ~j"'.,,djf -- -, -- . . , ,. 160 1 ,'.;~dCLE 19. Qpvernin3 Law This Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. J\S TO THE LESSOR: DATED: LI/;S/17 EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT B - , Secretary ~'&1: z: 5,au..- \VI S gnaturei" ~~~1-~ 6', .:5;t'~~ S pn..ntname~ __f.G ~ ',,:T~ESS ~nl\ture) /<.of? T7~JGeR i'~\nt name AS TO THE LESSEE: DATED: , .tf;A:J7 t\ TTEST: D\V1GHT E. BROCK, Clerk. "Lf/' ~/: U'0/~~Y//'-; ',-~~~;o;k \ . , BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and ~~ftici~ ~ ~.~~ ~ .../~ ("rleidi F. At ton Assistant County Attorney ,_ , ,.' , . ' . '. .'" " ;' I . "':~:, ' . ': '. . '" ' ' . ~ ..r" 16D 3 Contract Number: 97CP-07-09-21-01-104 GRANT AGREEMENT TIllS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs. with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County. (hereinafter referred to as the "Recipient"). TIllS AGREEMENT IS ENTERED INTO BASED ON TIIE FOLLOWING FACTS: WHEREAS" the Department is authoriud, pursuant to Section 252.373. Florida Statutes. and Rule Chapter 9G-19. Florida Administrative Code. to disburse funds for emergency management grants to eligible recipients; and WHEREAS. the Recipient has been awarded funds under the above-referenced authorities after completion of the competitive awards process~ and WHEREAS, Recipient agrees to comply with all the requirements applicable to said award, as supplemented by the terms and conditions in this Agreement NOW. THEREFORE, the Department and the Recipient do mutually agree as follows: l ~COPE OF WORK AND FUNDING The Recipient shall undertake and fully perform the scope of work identified in its application for the competitive grant award, in accordance with the Scope of Work. included as Attachment A of this Agreement Funding up to $71,766.00 shall be providd on a reimburSement basis. in accordance with the budget to be submitted by Recipient pursuant to the requirement in Attachment A. For 8J:J.y advance payment, refer to Attachment F (or additional tenns and conditiOn!. All terms and conditions set forth in Attachment F arc incorporated as ifset out fully herein. U. {NCORPORA nON OF LAWS. RULES. REGULA nONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Attachment B of this Agreement 1 , - ,. . . ",,' . " " " :~ ~~: ~:: ' " . , ' . .' - 11 > "" " ','". " .' , . .' ~', - ' : . :', '.,:, ,>. ~~~ __.__ n ,--"~"'--....;.,---<--_.... .... -... -. , . ' ~ , . . ,.' I . . . \ ...,' I . .. "'" ' " \ . '. ' , " ~,.." ~ <- ..l~ 16U 3 m. PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end March 31 . 1998, unless tenninated earlier in accordance with the provisions of Paragraphs VlT "'r IX. or XIV. of this Agreement. Final requests for reimbursement shall be submi"e~ ,,,) later than thirty (30) days after the tennination date of the contract. Any requests received after May 1 S, 1998. may. in the discretion of the Departmen~ not be reimbt;; "cd from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. IV. MOPIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which arer mutually agreed upon shall be valid only when reduced to writing, duly siLled by each of the parties hereto, and attached to the original of this Agreement V. MONITORING The Recipient shall constantly monitor its perfonnance under this Agreement to ens' ,..~ that time schedules are being me~ the Budget and Scope of Work arc being accompL":lcd within specified time periods, and other performance goals are being achieved. Such review shall be made for each function, or activity set forth in Attachment A to this Agreement, and shall be reported in accordance with the reporting requirements of Attachment D. Vl. LIABILITY The Recipient shall be solely responsible to parties with whom it shall deal in carrying out the tenns of this Agreement. For purposes of this Agreement., Recipient agrees that it is not an employee or agent of the Department YD. NONCOMPLIANCE. REMEDIES. AND TERMTNA nON A. If the Recipient fails to comply with any term applicable to an award under r Chapter 9G-19 F.A.C., or this Agreemen~ the Division may take one or mOft.. 'J;'- the following actions, as indicated by the attendant circumstances: 1. temporarily withhold cash payments, pending correction of the deficiency, or more severe enforcement action; 2. disallow all or part of the cost of the activity or action not in compliance; 2 Y.. . ' .", ' , " ,".,:,. ; .',,: ' ,'" '~~ .' Ul"~_~--"-'.'.""';""""'~-"" --~.--..--,..~,.~,.~".,_.".._. . :t; ;. . : . ,', " ~. . ' , . . :'J" , :I 160 3 3. suspend or terminate the award; 4. disallow future participation in the program or funding provided under this rule chapter; S. recover an funds provided under the current award. B. Costs of the Recipient resulting from obligations incurred by the Recipient during suspension or after tennination of an award are not allowable unless the Department expressly authorizes them in the notice of suspension or terminatio~ or subsequently authorizes them in writing. Other Recipient costs during suspension or after tennination which are necessary and not reasonably avoidable may be allowable if: I.' the costs result from obligations which were properly incurred by the Recipient before the effective c:bte of the suspension or tenninatioD, arc not in anticipation of the suspension or tennination. and. in the case of tennination, are not cancelable, and 2. the costs would be aJ10wable if the award were not suspended or expired normally at the end of the period in which the termination occurs. c. Recipient of tenninaled grants shall remain obligated to provide all required closeout information. D. In the event that any audit determines that costs reimbursed or otherwise funded under this rule chapter should be disallowed. then the Recipient shall return those disallowed funds to the Department. In the alternative, the Department may offset the disallowed amount against any current or future awards to the Recipient. E. Actions taken for noncompliance constitute final Department action under Chapter 120. Banda Statutes. as amended. Notification of such actions sball include notice of administrative hearing rights and time frames. F. The Recipient shan return funds to the Department if found in non-compliancc with laws. rules. and regulations governing the use of the funds or this Agreement. G. This Agreement may be terminated by the written mutual consent oCthe parties. 3 -~_.~...-._._._-~._----_..._. 16D .... :> . , " . .jTICLl..ND CONTACT All notius provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative i~tr.tified below at the address set forth below and said notification attached to the original ohhis Agreement. The Department designates Joseph F. Myers, Director, Division of Emergency Management, or his designee, as the Departmen~s Contract Manager. All cOr.1munications, written or oral, relating to this Agreement shall be directed to him at the ro11owing address: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 For the Recipient, all communications. written or oral. relating to this Agreement shall be directed to the following: Recipient's Contract Manager's Name and Address: Kenneth F. Pineau, Director Collier County Emergency Management 55Ul East lamlaml Irall Naples, FL 34112 c. In the event that different representatives are designated by either party after execution oflhis Agreement, notice of the name, title and address of the new representative win be rendered as provided in Paragraph vm. A and B above. r"''' . ,\... 01lfER PROVISIONS A. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient, in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The tack of accuracy thereof or any material changes shalt, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the retease of the Department from all its obligations to the Recipient 4 '.~ ~t '. ~. ,,',. '..: " . . ,...., : ' ' ': ,'. ~ " : . ':.." .. ""'" " ~', : ... -.' .: ,i :\ "."Al ~.. ..."....".~..,._....""'."ru__,_,~....___....'_~_m..'''- __.....,."_~.~.,.,,........,o_O<Il___.~_.,.--';-"...,,.,~ lbU :; B. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shalt lie in Leon County. If any provision hereof is in conflict with any applicable statute or rute, or is otherwise unenforceable, then such provision sh~l be deemed null and void to the ex1enl of such conflict or unenforceabitity, and shall be deemed severable, but shall not invalidate any other provision of this Agreement C. No waiver by the Department of any right or remedy granted hereunder or failure to insist 00 strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the tenns of this Agreement shall survive the teons and life of this Agreement as a whole. D. More than one copy of this Agreement may be executed. Any copy with original signatures may be considered an original. X. AUDIT REQUIREMENTS A. The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. B. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. C. Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. D. The Recipient shall provide the Department with an annual fmanciaJ audit report which meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550 and 10.600, Rules ofthc Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, OMB Circulars A-128 or A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement The funding for this Agreement was received by lhe Department as a grant-in-aid appropriation. 5 16D 3 I. The annual financial audit report shall include all management letters and the Recipient's response to all fUldings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of fUlancial assistance spetifically identifying all Agreement and grant revenue by sponsoring Department and Agreement number. 3. The complete financial audit report, including aU itenu specified in Paragraph X. D. 1. and 2. above. shall be sent directly to: Department of Community Affairs Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 E, In the c'/ent the audit shows that the entire funds, or any portion thereof, were Dot spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds oct spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non- compliance. F, The Recipient shall retain all financial records, supporting documents, statistical records, and any oilier documents pertinent to this Agreement for a period of three years after the date of submission of the final expenditures report. However. if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. G, The Recipient shall have all audits completed by an Independent Certified Public Accountant (JCP A) who shall either be a certified public accountant or a public accountant licensed under Chapter 473. Florida Statutes. The ICP A shall sta~ that the audit complied with the applicable provisions noted above. H. The audit is due seven months after the expiration of the contract. ~. SUBCONTRACTSANDPROCUREMffiNT A. If the Recipient subcootracts any or all of the work required under this Agreement. the Recipient agrees to include :0 the subcontract that the 6 "~.d.:.'r:.:::"" ~ :;'..;" :......'.r~ : .:"':"-.,' ~.~' :"of;'1,/,:f;'~" .~;,~l> ., ".:'. l~ ,."t> .~,. ~,"~.~: '.. . " ~'. ".~ ~ 1 f ~,H. " " . 3 subcontractor is bound by the terms and conditions of this Agreement with the Department. B. The Recipient agrees to include in the subcontract that the subcontractor shall ho ld the Department and Reci pient harmless against all claims of whatever nature arising out of the subcontractors performance of work under this Agreement, to the extent allowed and required by law. See Attachment E for any additional terms and conditions pertaining to subcontracts. XII. TERMS AND CONDITIOtiS The Agreement contains all the tenns and conditions agreed upon by the parties. xm. AITACHMENTS A. All attachments to this Agreement are incorporated as if set out fully herein. B. In the ("vent of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. XIV. SJ:AtlDA RD Cilli.I2JJ1ill:. The Recipienl agrees to be bound by L1e following standard conditions: A. 1be State of Florida's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in auordance with Chapter 216, Florida Statute:!. B. If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing fer a p:riod not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to event:. beyond the control of the Recipient. C, All bills for fee$ or other compensation for services or expenses shall be submjtted in detail sufficient for a proper preaudit and postaudit thereof. D. If otherwise allowe.d under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, El.Q.rll1a Statut~. 7 Wl"IIP'" . t J1..--'--~ -:......."'- -"""" -....~r'J!A.IiIfII4l........--J...-_"'~- .---............,... ._.....-.._~ ..~..... --~ _J___.....~__ .. --.__.....~~....-.s. ~- ......n l1Q 160 3 E. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Recipient 10 allow public access to all documents, papers, letters or other materiaJ subject to the provisions of Chapter 119, Florida S!atute"t and made or received by the Recipient in conjunction with the Agreement. F. The State of Florida will not intentionally award publicly-funded contracts 10 any contractor who knov.ingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 V.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and Nalionality Act ("INN')]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the fNA. Such violation by the Redpient oflhe employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. G. A Person or dfllliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or a public work, may not submit bids on leases of real property to a public entity, may not be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with an)' public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. XV, SlAIE LO B B Yll:lliJ~RQHlB 111 ON No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state Department. XV1, LEDAL A UrN Q B.l.ZATIQH The Recipient cer1ifies with respect to this Agreement L~at it possesses the legal authority to receive the funds 10 be provided under this Agreement and that, if appucable, its goveming body has authorized, by resolution or oL'lelWisc, the execution and acceptance of this Agreement wi lh all covenants and assurances cunrained herein. The Recipient <lJso certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. 8 w.........A.AA&l.i6..IIIi........J>>o'iIlIt--'-.....*_...-... __.... M-,.. ~- _i!.~.~w...:-" ......~htlr1Rrlflr"\f..... ~......-.-..ull"aNll.M~.. '-.......... -......-..-......-.........j1ofo._~.~Mf...~&.r..--. ~,... ...;.' ';.,;. ...... "'~ ' .t: .. ~l ; J."~ "(w:: "-i/ .l~ ! 1>.: i:: ~...~, . ... .~(~. '.it") ~:~: ~~: ~. #',..' ;4, ~~.~~ t~:f; ,... f".: " ,-, i.-C' (.j} ~4,<;', '-;1" ~,;~ h' .tiv: ''1- ),1) :, ~. ....~. 'CJ/. 'fi~ i." ~_n .., I i1:~' :.1" .~~~' ':tt, ~"'! .~ *';.: 'b 'l~~ 'i" '. ,;f :'If~ '\;". .~~ '-,:""; 'ok ;~..; ....,;!': '", ',:,,: ',.~. 'X ;YJ ,'.. ':.fi. .-!y ,1.1, ';,.~' (,~ ,1_4 f '. :J~ ~~~ .':f n~' . fll .~.'.s jif 'f.~ ..; ~t:;-. r'? ,,~. ~i~; ~~ !,"..:.: ,. : j". (\ ... ..,~ ..... . ., .~! ~ ", . ~1-' XVI!. EQUIPMENT AND PROPERTY MANAGEMENT 16D 3 If the Scope of Work contemplates the acquisition of equipment, then Recipient agru:s to USe said equipment for emergency management purposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenan~ proculures to keep the equipment in proper working condition, Recipient shall establish a control ~ysl,em to insure adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall promptly advise the Department of any loss, damage or theft affecting said equipment. Recipient shall make this equipment available to the Local Emergency Management Agency established pursuant to Section 252.38, Florida Sr.al1JI~, and to the Slate of Florida, upon request, in the event said equipment is needed for emergency management purposes. Recipient shall not sell, lease, rent, lend, encwnber or dispose of said equipment without the written permission of the Department. XYrIl, COJ...YRIGHTAlfI21>AIEN-I Tne State of Florida, Department of Community Affairs, hereby reserves, and shall receive as a condition of an award of funding under this rule chapter, a royalty free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to aUlhori7-c others to use, for emergency management or other purposes: A, the copyright and patent in any work developed under a grant, subgrant or contract under a grant or subgriU1t; 8, any rights of copyright or patent 10 which a Recipient or contractor purchases ownership with grant support. !f the Recipient brings to the performance of this grant or a pre-existing patent or copyright, the Recipient shall ret.ain all rights and entitlements to that pre-exJsting patent or copyright. If any discovery or invention arises or is developed in the course of or as a result of '.york or services performed under the grant, or in any way connected here\vith, the Recipient shall refer the discovery or invention 10 th,,= Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in CDnnection with the receipt of funds from this program are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department Any Il1ld all copyri ghts accruing under or in connection with the receipt of funds under this Agreement are hereby reserved to the State of Florida. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties rclcvantto the performance of the project which he OJ she knows or should know could give rise to a patent or c:opyrignt. The Recipient shall retain all rights and enti(]emcnts to any pre-existing intellectual property which is so disclosed. Failure to disclose will 9 , ' Ji. . l- .1. '...( i:..' '.1~ " ,... t' .. ...'.'..I!'Io.., -IJ.<.'-'~" . .J.~ ..,~...,.',' J:'.I:.'I'_.r",.r>>-::_...~: t" .'~'" .':,' -, .. ~.. '-,., -,. .,......ll~. --' ~;.., ~.' .. :.;::~..#':.,- l . ...~:..'... : ,"._'; . ; . ~ ~. 'J. If..... rl'" "4' ,I..'P' ...,. If ~/...;...; " .~,'r ~t.~, ~ 'I ',.:...... '. '. J '";..!.~.. ,.~ 1 -,,;,~~"(:.. ;~,t. .~' .Jt....'~ tri ~1 _ ,_ _ . ; . " . \' :.,.1..... :;\.',r ~ ::r:.~",:i.,- ~~~//:.~~ ~'.. ~';~~:..::.:~~~ ~'..~,~J. " . t...i.~ ..>.... .~' '. ... .. t:. {~ ...~. """ 7., ~l: 'I ; ;j.' ... I; i' .- ~..K ,~:: 11j.,: ~~.r .., :'. :~' ~;.;~ ,"" ' ~;~~~ fO', tit. ~~: ::t~: "';5- ,.;';" ~t "\.~.~ 1:; '~/ t.~. .:~ :! ~...; ~~t ~$~ ':.r;, f~: :l!, .r! ~;i~ ,..J". ~~\ ~'~1~: ....,;... ...Y., ~~l . ~;.".~ 't~; ;'~~.. . . .".';,~ .;t:r '':t.z: ,i,_ ~:~ l\!: ?i;~ 'f~.' i..J, ~f~' tg 'hi' :'::.~ .,:! : f~.~" -t/r.. i'.)t ,:~~! . i.t.. ',1"~" .,,'," ~ tit; '1.;"'; '. ' .~:'t" .....1" . J.X: f.~~. '~'" ..}1: ~.~~~ ; ~~~-' f~ ~'!:t;' 'J'~: 'i~j; ..~ ;.~~,~~ i,,\'" ~ ..;;~ t#~:..':! ~,~~ ".' " ~ f.i. t{; ~;1... , l\'I :~.q. ;.:-j:; Ji "-1-,0. '" :''''..~'; ',', I ," ,,'''~~. . '''.;'~ i~,i:" "III. l.!_.;.......J" , .,", .......... ... " ... . -r ',,-," .' .,.....:.'. j<~-;:"#'~/.J~::, .~/ :;::;. ~ ~ ~ .~. :", ..' :(".~: ,-ut: ,',,:, i " ". ~. ...J" ._;~t'..~J:"."';:' ~~:~f~;~;~ (~"i;~:/:~ i.' 160 ) ir,dic.3.te that no such property exists and that Recipient has waived any right or entitlement to any pre-existing intellectual property associated with the performance of Ihis Agreement. The Department shall then have the right to all patents and copyrights which occur during performance of the project, if any, XIX f.'....LJnJ.JCt\JJQ.1iS_6HP PUJU",LCITY Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the Slale of Florida, Division of Emergency Management." If the project is referenced in written material, the words "State of Florida, Division of Emergency \1anagernent" shall appear in the same size letters or type as the name arthe Recipient. IN WITNESS \VHEREOF. the parties hereto have caused this Agreement to be executed by their undcrsigncci officials as duly authorized RECIPIENT COLLIER COUNTY STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS / /, ' 8Y. ///// ~------_.....~~ Allihorized C01Jnly Official .;' .-: ' TIJ\10TIIY L HANCOCK, CHAIRMAN Qil. a cd _9 .f_C.QU~i tyJ:QD} Q1i0.si()D..~f~ Name/title , I BY: \, ,. ,:" ; 'l~''-l ,', Authorized Department Official 1 I. . ~ ,-: ,""', ,j,', r ' " Namcltitle / - /..." J., ',' )! .. I .'), (~ iq Date Date Federal Emp!oyer f.D. 59-.9_00~58 DW1GflT E BROCK. CLERK '/ .. B'(/L //,,"~r'.' ""r~d" (Attesting Si'gnatu.re) , !\pproved as to Form and Legal Suffil:iency '-~ ~ ( Q,v{- .._..J____....{:..-.b__=- ____W___ _____ ThcHl1as C Palmer, ^s~;istant County Attorney 10 . ~.wo:~~-~." .~....- ",""';""~""'''''''~~'''''''''''''''''''''~~~~~-r'T",,,,,,,,,-,~'''('II'~~''''~~'''',,",,l~Jtt1lA~~'~ ......MII....... AAiM'l.......~~ . .~"- --- .~ It, n \.' u ~ / Attachment A S.D2rE OF WORK The information and rcprc:;cntations contained in the grant appliCAtion submined to the Department and eval\J;Jled pursuant to Rule Chapter 90-19, f~~~~ is hereby incorporated by reference inlo this Agreement Within thirty days of the date of execution of this Agreemenl, Recipient shaH supply a documalt which includes an activities timeline, a list of deliverables, and a revised budget, for the approval of the Department. This document shall address, with particuJarity and appropriate discussion. each tzsk necessary to complete the project identified in Recipico(s apptication for grant funding. TIle revised huclget portion of this document shall be consistent in format with the budgct prop0sed in the original project application, It shall not consist of new line item cxpenditures, but shall indicate whether the cost ofthc line items detailed in the original budget have increased or decrea.sed from the original information. Any proposed deviations from the original budget r:1ay no! exceed 5% (increase or decrease) of the originaily approved amounts in the expenditure cat~gorics ;jflccted. The total amount of grant money budgeted may not exceed the amount authorized in the Agreement. Failu~e to suppiy the above-referenced document, or disapproval oft}js document by the Department, shall result in the denial of funding, 'The Recipient shall install a red\mdant National Oceanic and Atmospheric Administr-1tion (NOAA) weather radio transmitter in cooperation '.vith the National Weather Service. This trammit1er shall be a redumlant dual transmitter system, which provides an automatic backup if the primary system fails. TIle Recipient shall purchase and install a 20 KW emergency generator and transfer ~".v1tch to provide backup power to the transmitter. The Recipient shall provide an in-kind services match valued at $145,400.00. The in-kind services shall be in the fonn of administrative expenses, provided by the Recipient; labor for proeramrning and operating station, electricity, telephone, and maintenance, provided by the National We<1ther Service. 11 ~~"l ,.,.Jf..n'.....J~.~,''''r.JL~-..~.Ii"DIfI;J.''.'I''t.O::''IU'I~~~'''''''"'....,..........,..~~~~~ 16D 3 Anachment B eR OG RAM ST A TIlTES AND REGtJLA TI.illiS 1. Chapter252,E~~ 2. Rule Chapter 9G-19, Florida Administrative eod~ 3, O~ffi Circular A-87 4, Chapter 287, ~a Statut~ 5, Chapter 119, Florida S(aru~ 6. Chapter 60A-l, Florida Administrative Cod~ 7. The Robert T. Stafford Disaster Reliefand Assistance Act (42 use 5121 et seq) 8, 44 C~lill~ral Regulallims parts 13 and 206 12 ~_:~\"j ,~....i~'~'1~4;n.~, tj. ~j,/ ;"if'::~;."?- ;i~a,~t~:,,~t~'l;'~ ~''''.:.;''(' ~ ~ }.'~ l ,-,I'~::'~ "a.; J >::~.;.~~~ ~'.'i l.,'~~1 .' ~;. ~.'i.~~ "I."'~"; ',' t<, .. ~ ~:~~." .' ",:'~. -; ~:. ': .,.'<.: '!.:; ~L~ :J, 1 ~ 1 "',,""'~-_J-,"~~~i.t...'.; I. ~.~ .. '; ,_; <l' j' "t:!~I; j;;"., ~'~ -;'. :.1' '~:~~ ",,, 'J ~-~."t' t i, ~:~ ~ ~'~. ~" {~I ' . - i,...., '-". ,,' :'~"" ~. .......... ,,-: ..\ l" ,:' ,:.",: '.\ ~-:~;-t..3:~'t;~,~:f.~.\I;~J' -( it .~'i.:t..:i/~~;~7:t.~rct:i""1:.;.': f~"".;;~~1,. i~t,~;-. ~1",. ~~F~i~ ! ':"~j~~'~.' -}.~.. ~t~',',' r.~. .~'j;'.."':!" '~~.... !;'}{~_I,":~i.:::.~:'~;!'r~...j ~:.~::,:~)..;.~~:...tl . .'_ ..... ',', "')"#.. ,"_ . _1'.', ," "..1. .. ..... ti< _ -.. . "."~ ~~ _ .(10 ...'.,-. .- '_'" ...... ", .,.,J _ . ~{'.... ..' '1-,."-1-',."._" .......'. .~j,..--4,.. '.\)-'Y,,~'r.-'I""; ..,..V,.. '-~"~"."l- ,'~-',* -"., (1.'~#")';'.~""J/","'$..1.'''f; '.. .,:.t........ ,...t:iJtJ ,,~, ." '., .:;''' I '-:.1 "..J...1 '.'~'-:.... ....""':,.., - -j t .:",~ _' .....1" .'_' ._', ,'_'" ",.,;./.... ...~,.:,' . . " " "I' ,.#.......,.. if,... """. ,~;' .,-...." ~ ','-,,'-. ;',..',., ,,~ ..-.' ,." '~'J~~I );, ~! ..;.~ ...: "S'-. ~~ ....... 4- -,. I.;;..... ....) ;f;U ~:i: ,,;;- ,,~i' ~~ f~ " ~-> t~~; ","/:~ .. .rJ.~. '-:; l,,~, tl~ ~;l'~t: y,?~ 'n". ,.. ...;. .... ~. : ~',,:, ~i~ I't\ "J ra :,/'t.;. -~~~ ~~':t' .."U' rf"t' .~i! :.t~:~., , ..,~" J,:.I'/ ~~f ~'.S~ .'..~~' ':~: ~.~~ ~:T:I'~ i~'r~ ;.:;:r~ .;.~ I\. f~;'~ ~',,"'t. !.'J.t "'1, '.';t. '~]:If. :.,,!~~t: 'r.~:' . "Il\f .}.~~.: ~~.f'S" :~~_-:r ./-..~ "~ "~'J ~. ~."~ ~:''',i:' {{~1~ ;,~J;I ...~~,. . ~i:~' t.t'..i~ '~"'~.,f; "'~. f:t.~;1 f'. ~ri'~ ."",.. i~~ '.'~t< i<1- ~~t:./ '~..>(' . ':. r.':,~' ;. t;.~1 .~t ~~' .it) !L~ t:..y-tl: "..,.' .. .........;, '~,:~.~~:~-> : ~:~...t.. ~.'.'J i '::i:: !.....,..: ).J!,~ r,.,;/ .'l:~': ":::..!o~ "! ii, 4"-:, di;~; :b:t~):;~:}j Attachment C 160 3 FECORD KEEPINQ A. If applicabie, Recipient's ptrformance under this Agreemenl shall be subjecllo OMB Circular No, A-I 02, "Uniform Administrative Requirements for State and Local Governments" or OMB Circular No, A-II 0, "Grants and Agreements with Institutions of High Education, HospiL1ls, and Other Nonprofit Organizations," and either OMB Circular No, A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-2I, "Cost Principles for Educational Institutions," or OMB Circular No, A-122, "Co~t Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31,2 and 931.2. 8, All origin2.1 records pertinent to this Agreement shall be retained by the Recipient for three years following the dale of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: I, If any litigation, claim or audit is started before the expiration of the three Ye<lI period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2, Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title, C. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work, Attachment A, and all other applicable laws and regulations. 0, The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to Ihe Department, its employees, and agents. "Reasonable" shall be constnlcd according to the circumstances but ordinarily shall mean during nonnalobusiness hours of 8:00 a.m. to 5:00 p,m" local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department 13 16[) 3 Atlachment D REPORTS A. At a minimum, the Recipient shall provide the Department with quarterly Financial RcportlReimomsement Requests, qu.merly Summary Project Progress Reports and tinal Close-out Reports, The Recipient shall utilize the report formalS provided by the Department. B. Quarterly reports are due to be received by the Department no later than fifteen (l 5) days after the end of each quar1er and shall continue to be submitled each quarter until submission of the administrative c1oSt-out report. The ending dates rei each quarter and the report due dates are as follows: ~100 I 2 3 4 EnQjrtU2at~ June 30, 1997 September 30, 1997 December 3 I, 1997 March 31, 1998 &~~ July IS, 1997 October) 5, 1997 January IS, 1998 April) 5, 1998 C. The tinal close-out report is due forty-five (45) days after termination of this Agreement or upon completion of the activities conL1jned in this Agreement. D. If all required reports and copies prescribed above are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may \lr1thhold further payments until they are completed or may take such other action as set forth in Paragraphs Vll. and lX_ The Department may take action for non-compliance consistent with Rule 90-19.014, LAJ.:.. if reports arc not limely received. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and applicable Jaw, and is consistent with the Scope of Work, as determined by the Department in its sole discretion. E, Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be requested by the Department. F. The Divisicn shall be permined to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be nonna) business hours on Monday through Friday. 14 y..,~~ "....e. ;:r;,'~.~,:\!:;?;,:,; ',1 ,..>:',:~~I~:".L""/:: .';;':>.>>\': -'.'" . . '" ': ',. , '" ~'&i ,'\. , . .!~!. , ~~'" i/'_' '.... . :;~._~. .~' J.; ,..-..... ,": ,-, ~l:: -',' : '.. :~.:. ~ ,~, ~, '... c. ,- "f .......~ t ... .,. {; f.. ,~ ~r:~ :...~~:\: J~;,'; ~/...~ ..,.....,. ~~~~.' .-.. ...~,~:~ ~:"'t; ,~t(: ; '~S'r.( .:tt.. i, "~;" .~.,~: ... " ~; .i~~ ~~..~: ~' T~~;; "~~~~ , ~ f:'. :.;!~ .....,... ::Vl ~~f,f ,{rl .~~~; ;!. 'l.'?~ .3~~~ NY' \~J~~~' ~h~'~ ..............~t ....'. ~':tt -f", "" or...'!. ~:i -'{1, ~-;.(~. , ....~ i ~J. ;.1' 'J.: :;'\!~ ;/!~ ,'.It. '_f~,;r.. ..svJ ?~fi! -, ..1 .:t~;-:f ,..~1f. :t- ,,"J I!:"':~ -?~~',~ ;'-- ....r;: ::f~l ... r",. ~ /\ :,...~' :~iJ ~ ,". ~ t ~ ;,:-;.: t :';-'4' 't ,.,.. .. . ~... '..,.. .. ',(~. ".' >:>.' '. .....-: ; ;:~~ 'f. "~ "' ~" "," .>' , .: r,', ,',:',',-.', i "", -, ~~ '. ' . J; ;-~~;J 4./" >, ~.:, .. , ";.. " . ". \ ~. ~; ~:' ~ ~ ..~':: :,:= ;.'~.~.~~ ~~ft:.':~ : ,," ',' , " ~ " 7',~,+ . ...-..~ :'~"'J . .',' ," ., ; ,I i , . , I ,', <.t~:..;'. ",\''''.::,';, ''':.,;t, :",:':-[":'",' ';'1- ...., -I" "~ "". ..~~ ," ;,.~: ~_~':~_;_~_~_L._~.___~_'"_,_:J.~~ , . , ':';... J , ~ ' _; l<::._;j . .:~;/ "'~.. " . .,........ ':'! . Attachment E 160 3 PROCUREMENT. SUBCONTRACTS ANn SUBGRANJ..s. A. Subcontracls entered into by a Recipient in connection with any portion of the proposed project shall contain all terms of the Recipient's Agreement with the Agency, B. Tne Recipient shall send a copy of any subcontracts entered into in connection with implementing the proposed project to the Agency within 30 days after their effective date, C. Recipient shall no! award subgrants using funds awarded pursuant to this rule chapter. D, Recipient shaH comply with all applicable procurement rules and regulalions in securing goods and services to implement a proposed project. Wherever required by law or otherwise pennitted, Recipient shall utilize competitive procurement practices, E. Allowable costs shall be determined in accordance with Office of Management and Budget Circular A.87. 15 '. '.:-~', -. .~ :..~. ..} . ~ ~ . ...;:, ~!. ,..~~. 't'.. ....."'.1 ot. to~. IV, .~;< :~;~ ~~':!t ;,.:".... ~.'/ ......... ~ :~A\.~ ,hr; . !i:.; ~'t ~. ; ~ ~;-~ '~I..J. . :~l'.,~ Y:,it.' '~',X .',..-'Yi .~ :~~'A~' /.....:;" 0'.<.' .,./.1." ~. j" ~~tp. "~I. ,it .J '#'4" :'.,'~' ..,,,-* :~~I ~:"J: ,~'v~ :;1,;,;; ;::.4,~;f '-J: _",. ;~.!.:;~~. t/ '.. '. ,,'.&1' ..../,. -."~~ -:.'." :~;~,; .... .... ..~/.-; ,.~~~l :.t:~~~ ~,'''v..:;' .';.....h J.~~~J:j ~f.'~" .');f. ',. f.... '.. ..,"~'~~. 'i/; UJ. ',i._V..' .:..,." :~:~;! ""'-f.~. .~ r" ");.;.:~. '.}>'. .t....\;~. :;_ ~f~ ;~ ~~{t. 'J~ I.!'",....... :..~~..~t .'"' :.,~~ ll';, ;J;~f: ~~'it.l' . .""" ~~:~r~ <,i' ,t;.~. ;~::I ~~t:. .......i .i'!'~ . .,!:J, . ~;~{ -:':'-:"'. t .;~!~\ :~t~~~1:1 i"':' .' ".r~.t~. ',....,.....'\i ,~ I~.J i0 ~:.,~~. . " .~. :t:,>:i~ 'dr~.~t' ~. ; .'~ 't'o ; ( '.", 'P''::'';.:'' :.'~:*~. ',~';..,1" ~,;, ~.l~". ,.., , ; , ..;/ , ~ !' , ~. I, . r,:' _ "'l....: . "'~.! \0. j"'. ,. =,: ", ;),:,.~;;( '. .";: ?~ ~ '., ~~~.': 't.~~ ': ,- ....,:. J \~. ...' t...t r~>': :.~~ ': ":, '., '",'rI" : ~. ;, Anachment F 160 3 E!11'iI2il:::LG / CON SIDE RA TI 01'1 A. This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not :0 exceed S71,766,OO subject to the availability of funds, The amount of funds available pursuant to this rule chaptu may be adjusted proportionally when neccss:uy to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Funds received from the Emergency Management, Preparedness and Assistance Trust Fund may not hI' used to supplant existing funds. B. The Recipient shall establish a separate account code in an interest bearing account for tracking all deposits. expenditures and interest pertaining to an award. A separate account code shall be established for each award received. The interest earned on said account(s) shall be remitted promptly to the P.gency, but no laler than ninety (90) days after the completion of the contract. C. Any advance payment under this Agreement is subject to s. 216.181(14), f]Qri.da. ~, Twenty-five (25) percent of an award may be advanced. Payment of reimbursable expenditures may be requested thereafter, at Ihe end of each quarter. If an advance payment is requested, the budget data on which the request is based and ajustification let1er shall be submitted, The letter will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds, The Recipient shall mark the appropriate place below indici\ting whetJ,er or not an advance payment is requested, if an advance payment j$ requested enter the amount of the request. I, No advance payment is requested; payment will be made solely on a reimbursemenl basis. 2. ____ An advance payment of S is requested; balance of payments will be made on a reimbursement basis. (Justification tetter must be provided.) D, After the initial advance, if any. quarterly payments may be made for all reimbursable expenses inclUred as of the end of each quarter. The Recipient agrees to expend funds in accordance with the Scope of Work. Attachment A of this Agreement. 16 . - ",,=~,""t.Q__...... ..."II"'I'"~"""l!:"'W"l?"'.4,,,". ~I'_ y-v'r-.."'...II.........v--~-_....._~'lL""'"'-'.-. , 160 7- ./ E, Recipienl agrees to perform the project identified in said application utilizing the funds provided under this Agreement, supplemented by any funds represenled in said application as matching funds. Recipient shall not expend more than five percent (5%) of the total funds awarded for administrative expenses. .. Administrative expenses" means the direct costs of staff managing the project and other direct costs for managing the project, as well as the applicant's indirect rate. if any. applied to those direct costs of management. The sum total of direct or indirect cosls identified shall not exceed five percent (5%) of total project costs. F, Funds disburstd to the Recipient by the Department that are not expended in implementing the project shall be returned to the Department, along with interest earned on the funds, wilhin ninety (90) days of the expiration of the award agreement. G, Recipient shall comply v...ith all applicable procurement rules and regulations in securing goods and services to implement a proposed project. H, Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. 17 ~r..1 1 bD 4 :'"., /.' ,~~> ": " .' .'" ~ '( I.- "." . . ME.~ORA.:'IDUM OF UNDERSTANDING BE1WEEN l1iE JTPA PROGRAM ADMINISll{ATOR AND THE PUBLIC 01\ NON-PROFIT EMPLOY1~R ~. ~. . ,"I' .~ ~ .:l ~ . , '.....,.. This ;..lemor2ndum of l"nderst;lnclin:d, i~ ~ntef(;cl ir)IO this, day of / !.(./ ber',l,'ecn C G -~ 1- i.~:' C G 1;:1 ~:i Bo2. cd 0 fCX:~ lR2'r2~(7c!li~ferred to a~ the 'Agen/,:y and/or '\);'orK<;ite, and the v/;)rkf(;rc~ (oun(li r/ Southwest Florida, lne. hercalter referreel to as UW Progr;Jm t\dministrator :md Employer It is understood by all partie~ thJt this ;..kmorandum of l'ndt:rsrJnding reLHes to Employment. Training, and Services to be pro....ided relating to the Summer Youth Employment Jnd Training Program which is authorized under th,~ Job Tr3ining Pannership Act of 1903 ;~~ ., '1. ,', ..'.,,' 00"""-. :; {~~ -,; -' ;..;-; "...;.... ~..:~ I . .. ,,,,.,,, It is understood rha: the Employer is eilher a go....ernmental ag~n(y or a private non-profit org;lnization, free of di~crimin;lii()n bec:wse of race, sex, age, creed. color, religion, or political ;lffdiat\un, and dur P;lIw:ip,lnrs in the progrJm will not be employed on U1t' (Of15tnKTion, opcr;uion, or rn;l:nicnancC' of aIY:' facility as is used or to be used for sectarian instf"l.lC11()r1, as a pLice for rl'\I:.!inus "orshir, or for partisan political purposes, ~.' . J ' .. ~ ~ '~~ ! ., . J~~., :;.;.''', ':~? : ;.......~... ,,;J;,!- !,~.:;: ~ :~~ -..: .'1', . L.t.'"; "::/;'; '.. ~ >.;: ~..~~,< ....'.. "~~.~!;~ ,~i.i ~'l"","; ,......,. ;...,~~ ~ \.:':-: 1.'1.: .-;!;~:; ".".. {~:-;~1;. Y:i . 1;- :', ~J~ .:r~"/.' ", . -....,.,. ~.~i;~. ~....f.., . ..,,:/ ~ ;.~." .1 .{,: "t.,:';} .t j.-", . ~ ',~:.:.. i>.:.1 ,Yt~ i~l1. ;~~~~~:( ~?~.If: ~ A." ~~'~~i Particip;;.nlS will no, b' used fer tll'~ adv;Jntage of any private indi\'idu;ll or pri\'ate-f0r-profit agency, bUI will bt' provided IJsdui work experience which wiil be consistent ~'ith each p;lrtlcip;lnr'<, Clp;ihi\ilic~; Jnd intl'reSIS ;lno \\'hicl1 \"tll assist these youlh to obtain future unsubsidized empinyml-rH It is agreed th;H such work experience will b~ conducted in a safe and sa:1it;Jrf working em'ir<)nn1':nt In addition, it is unckr<:io()d ttUi 'jnl~:\cu'cd absences for JTPA participants ,;,:ill be bandled pur~U;lnt to P()lllY:~ ;!no rr()':ccLH!:S of the Program Administrator The \VorKsitc agr"es: 1. To pro':ide the Pro~_!r;l!11 Administrator on~ complete "Sratcm~nt of \\'ork" for each \Vork5ite of the Agene:' utilizing Summer Yourh particiraf1l5. All Sup,:rvisors must \).: lIsted The Statemcnt(sl of ~'ork (lfe subject to monitoring reVle\\" 7 Tn provide mC:1ninlZful ;lnd producti\"l~ work for a maximum of ~)U p;lrticipanrs on a scheduled work plan with the understanding that the Super,:isor/Participat1r ratio will be at least one (1) sup~r..isor to ever}' ten (0) p:miCipants who ;HC o:nro!\ed in the Summer Youth Employment and Training prograr., (SYETP). ,.. ;::': ;.., 'S . ., ,-. ,. , ,!I:'..; ~r:iH ;,;~-':..~ ;.~ .;. ~ '"'- ';":;i~ ii'YN}r~t2;~;'f; ':: r.;!1(t ~~~~; ~t:~. '1f;~ir(;;~,~i~~t ~iti ?:t:21t;~)}r:), @t~}@;~;;X~';j!:}g;\';'.;S; ;i:;;N;i17;',":,ii:; \!W:(-";. :,1 , J. "',,v",!: I~J) ~ .......,...................-.---............---.,----...-----.-.....---..-- .._........~~~.. Mcmor;1ndum of \'nderSI;1!HJinh 3. :1. ",-"'L, ... To furnl.c,h the .:quipmcl1l. tools. materials, and supplies that arc neccssary for the ,....ork being. p\?rformcd by the Summer Youth particip;1nt(s\ To lOoperate fully Wiih the :-'lonitoring Cnit of the Program Administrator's offlcc, by maintaining current and accurate time and attendance records as ',\'c\l ;IS ;.! list of current '.j.;'l)rksitc activities, and by allo\ving access to same at tile rl'qul'sl of the Prngr~m ,\drninistrator's n:pn:sentative for the purposes of [11nni{()i1ng of the ,corksllc, counseling of the participants, and coordinating nlh,:r work tlCiivilics }. Tr) rntl1f1t:~ln (lCClJr;>,t/.: time tlnd t'lltendance records on each partiCipant rencC1ing the time ;1ctually \',:orked by each pJrticipant. Insure that the participanls ;He not alio\\'cd to handle the time and attendance records, These recnrds must he filkd out in ink and signed in ink at the end of each pay period by the pJrticiptlnl ;Jnc! the supervisor as certification to their accuracy, 'n",' D;lrtiC1P;lni c"nnrll sign for the supervisor nor the supervisor for the raI.1cir;H',; Tillie ;lnd ;llltJldancc records \vill he picked up ever,' other Friday b\' a sr;lff memh'~'r cJ the Program Administr<Jtor. () To pruvid,,: tt.:;l,()\uhk regulations for the attendance and continued good work habits C>f (he participants. De....elop adequate policics, procedures, ;Jocl controls to ensure lhat no participant recei....es any type of remuneration for unexcused absences, uO\yorkcd hours, or participation in recreational or ec\uo;ional (l(\I\"ities Participants can only be paid for hours worked, -; To (l::;sure th;.;t sufficient ,-york is available to occupy cach participant. >3 To dcvelop <ideqll;Ht~ cumdinalion "yilh the Progr;ln1 Administrator to allo\\' sufficient oppollunllies to implement appropriate contingency activities in the event of inclement \\'ctlthcr. 9 To pro\'idc a job description of each position that will be filled by Summer Youth p;micipants 1() To pr()','idc tll1 ~'xpcril'ncl'd Supervisor(s) to the participants without compens;ltion frfJrl1 [hc progr<ll11. 11 TO l'ontaC! lh,: I'rogr.ul1 Administrator prior to the release of a participant from tlIC worksite or :mmcdi,llcly after notice of tennination by a participant so tbat Ihis agro.:emcnt m;IV be modified. 2 ------ " ~'^....>;. " OJ . " ~ I . I .~ '!"'- ':' ;,. ., :- ~ ' ~ .;.: ."" ~. ; i- "" ." :' '.,:." "A f . ..'; . ,:" ."~"'''~~~;~~i::>:~:;t~;.:;'~ ;. .... ...~... P'<..,:"f.. ;-~t'.\,;~/,...;:.;:.,;';, ~~ ~ ~, ,". ~ i .)< '~f .....\ , . . .:,., ,.; ~' . } ,~ ;;.~ . ',' . ... .'.' \ .;' :.,;J:.:' ,;~:,:}~;;~~>/::,:;",,~:.,:\;,;:, .5~~ }~ i{~' .,!' '''" "':'f' '-j' ..y':, '"J ~ (.;"; .t~ 'I": "~:;-I.!'~. ~ , ~ "~~':'~-.~~::~~~ ~~~ ~'..: >~ 1 bD 4 Memorandum of t'ndcrstanding :l-;~ .~ '. . '4 i ~:~ ',1-1 ,"(; -"1 12. Insure thai sup'..:1\:isor~ undersland that on the iob iniuries to participants must be reported to the program administrator's office immediately, and that SAFETY is the primary concern, In the evcnttlH:re is a work related injury, these are the procedures to follo\"':: 1) 111c first priority is to cnsun: that the participant receives immediate medical ;wcntion. Injuries of an emergency or life threatening nature should be lreated at the nearest hospital emergency room. 2) Report the injury immediately to the SYP counselor whose responsibility will r)l~ to notify the particip,lr1t's parent or guardian, 13. To assure lhat no participant will be allowed to work more than 40 hours per week -me Agency/\);iorksite will be liable for payment of the excess hours P3riicip;Jnts aged H ;Jnel 15 mu:,t not work more than eight (8) hours a day, IIJ To ;j';surc rh:~t participants aged H-17 !'vllsr have a thirt)' (30) minute break after workIng. four Ui 1 consecutive hours. Failure to comply with the Child Uh,>r 1.;1\';5 could result in fines h:ing levied 15 To <lssurc, pursu;ln! to the F<lir Labor St<lndards Act, that no partiCIpant under IB years of age will be employed in any occupation found by the Secretary of the Lnited Stated Department of Labor to be particularly hazardous for indl':iduals between 1() and 18 years of ;lge (Subpart E of Part 570 ofTitk 29). 16 'I () prrwide each Supervisor whose name appears on the "Statement of Work" ;1 copy of the complete ~kmorand\Jrn of enderstanding, Supervisors ,,'ill tx: expected to understand the contents of this agreement and are subject to heing monitored. 17. To adhere to the rules and regulations governmg the Summer Youth Employment and Training Program. The Program Administrator agrees to provide remuneration to the participants by check every ether Friday 111e checks will be distributed by the Program Administr;,[')r's sufI Participants :\ILSr sign for their check on receipt. This ;-"lcmolandurn of l'ndcrstanding shall be effec1ivc from the date it is signed until the: terminarion of the SUCimer ProgLlnJ or unkss temlinated by either party provided the cancelling pariy givl:s at least five (5) days advance notice, '" ") L q~ 3 160 4 P.emorandum of Understanding SIGNATURE PAGE , J ,-?7 BOARD OF COUNTY COMMISSIONERS COL~~ER COUNTY/. ,F~9RIDA//' "& '/ ,/ ~' // .L,~, ./ I ,. , ," --1 ,0/1~ // - " ;1% /- ~-----_. 'j C //. -"':,' ,- ., - .2" -./~ / " . f..TTEST: Dwight E. Brock, Clerk / -/ r/ // ,. to :-,-/1. ~/. ~ ~ / 4- / '1 Ci2" WORKFORCE COUNCIL of SOUTHWEST FLORIDA, INC. WITNESS: ~f3~ Raymond7.Donnelly 46 Tenth Street, Naples, Florida (941) 261-0553 Counselor S h 34102 f\~PK'JI/ED A::; 'flJ tOPJ1 AND LEGAL SUFFICIENCY ~,lUJt ! ,{) c- 1 / \ Assistant County Attorney WORKFORCE COUNCIL of SOUTHWEST FLORIDA, INC. JTPA PROGRN1 ADMINISTRATOR I (,~,.!.- '-'ld, -~// ;"Y-9.A-A ~', REPRESENTATivE (SIGNATURE) JOSEPH PATERNO, EXECUTIVE DIRECTOR REPRESENTATIVE/TITLE 3830 EVANS AVE.t SUITE 3-A FORT MYERS, FL 33901 ADDRESS (9':'1) 939-4949 - TELEPHONE NWBER ." ,... ASSURANCES AND CERTIFICATIONS 160 ~mRAL .ASSURJ.,NCES " Th~ e mploytf usut" and ceM~ !Nt t wiI e:YT\r*f wiCllh~ reqviremena of Il'>e Job Tr.ining partnctship Ac'.. h~rei.~r.Cf rerelT~ to as ~ N;:, and with ~ re-;ubtiol'ls and policies pr~~~ t..'\~evr>6t1', 2. Tt~ em?ioYtt fur,her n$ur~ and cer:;f~s I"'al if ~ re-;vlatior,$ promul-;al~ pun.:.:anl to !J".e Ad art amtl'\d~ or revis~. t s/un comply ~':l t!'",e:'TI. 3. In acaiot1 to the r~uiremems of 1 3nd 2 a~.,e, arid ccr1sistent with tr,e r~'Jlations ~ue<:l pursuanllo the .lc:I. the employer makes tl'><: rol'.cM....; fu('l)'.ef anurac.(;es ar,d U:r'.ifutions: a. It ....,11 u:>mP~1 _11 T~ V1 of :t'.e Civil K~hts ad of ,~ (P.L e.8-3S<C) arid in acc:ordance with nJe V1 o( L"'~ -"ct. No potrs.on in tl'>e UMt'1 SIal" Vu1 on :tAt ground d race. coler. U1. or national 0"'.1;1'1. be vduded from p3l1ic:ipalion n, t.e d..~ tr,e bcr>er.1s of. 0( be O'"'1ef.,.,.;u subjC'd to diKrimir.;ation assistance al'\d win immt':liatety Uk, arry mnsU'n ~"/lo etfec:u:ate lhi$ klrHtMnt b. It will cqnr*f witl1 Tolle VI 01 the Civil Ri;hts Ad o( 1~ (42 use 2CQ:)d) p'ohibitint,1 employment discrimination ~re (') the pritNry purpou 01 a gram is 10 P'avide employment 0( (2) cliseriminatory employment pt'1lctices which re-su:t n un~ual Veatmenl 01 pot~ns...no are 0( should be bcnefr.tint,1 Irom the ~rar.t-ai<Je.:l ac:-.ivity. c:. II win gi"'" L"o41 De~.r'..,.",; 01 Labor .....c tt'e C:>m;:tro~er Ge;'\tral. ItJou..h ar.y 3\.:thor.zt':l re;lrnentative, the ac:cess to and t~e "-;1"1 10 eur.1il'\e an rt'::;'~t, x.;,Ks, p;>ers or Gocuments rel~t~ I'J L'1is a;;reement and win mair::ain ~id rt":Ol~S. t,.ool<s, ~;:.er' Of ~o:urr.~n~s !:)( 3 perlod or t."\:<< YEars trcr."l t.'"le C3te or :errr.ir.ation or a~re~ment. ~. Pa'1,,;:-a~.!S '" t'\e ~~'am WIn ...01 t.e employt'1 on L"e conslNction. C;>t1licn 0' mair:le",anc:e of the part of any f4lci!ity ~;c:-. rs In.~ fe( r~fi,,;~ot..:'S ir.s.:"-oJc-..ion 0( wo~i~. e. A:-prop.ule S:.an<::HCS tor h.a~J1 arid s.3re:y in war\( and tr.aining sitvatiQns win be r,-,aintair:t':l. r. evnCition~ 01 er.-,plcpef'lt 0<' trainit"~ win be apprepria:e and reasonable with re-;ard 10 tr.e tlPe of wor\(. \;eCooJraphie-:at r~icn and t". prof.ciet"cf of the appfiunt. :l. Appro;>riale wcr.rers' cOr:'\;>en~t:On, he.1~h ins\:ror'lc:e. unempl~ent ir.sut'1l"'Ct or othet benerrts will be ~:ovided 10 tr.e same e~e,~1 a 10 cthe' e!71ploy~ at L"e place of em;>loymer:t. l'\, The p'cr.ra'" w::l !"oCt ,.~<.:~ in t"e C:~;>!.ce"'et",t or .r.-.pl,,)~ W';:r'<e~ or ;,.,.,~i, ujslin.. c:ontracts lor se,.,;cel or 'esun in '.he s~s::~~~;OI'\ or ;: e-::e,,1 ;:"r~s f:or elher lwncs i.'1 ccr,nec',ion '''':.It'. worK :!",al would etherHise be .-er.OrT7".ed, TroiniN./ a~.d re'3:~ HrvicM WIn, to It.~ I'r'.v;,.,.,um t~en: proc:ticable. be c:r,s:slent wilh every inc1vid\:ars fullest ~p.1~ilitiu and Itaoj !o e",,;>i~,tn: o;:portl,;nllit1: whid\ win eNble ~ar:i::~~n:s 10 be'Ccme e'Co..,omicalty uil- suffICient. J. It win submit re;:.crts as rc<:;uitt<l by t"e JT?A o;>tt'1llor at",j the cl'\lision 01 Labor. Employmenl and Tt'1Iining in deler,ninin.. L"e ellenl 10 which the pro<;~m mC'1O~S the spe-:ial neCCs 01 ~is.1mnU\;t':l. chtonically unemployed. and low in~ome ;>en.or.s lor munir.<;ful employmer.t opportl.'...itit1:, \( The e"'~;C)'~' 3SSU'es Ir.at (1) IndivOC',;31s rt':~r/in<; tni...irv. on ~,,~ jcb volr. ~ compet".satt':l at SI,;;:.'1 ~tes, inc:luclinll potriocic inc~eases. as ,.,.,a'f t.e ce~mt'1 re2$o(",a;le under r~ulations presr.nCe<j by L'>e Unaed Stales De;::t. of Labor, but in no t'e..J at a r3(e less ~'\an ~"..Jt s;:>eci('~ in uc:;on 6(a)(1) ot It,e ;:air L.bor Stand.res ao::\ or. if hi~her. unc~' ~"e l;>pli<;a~le Stale 0( Lcr-1l minimum 'NOlie ~w, It ''''';11 com;lty ""'~.., L"e labor standares 'e-:;uirements set 01..1 in Se'Ction 605 of t~,e .l-ct. m. Service-s and aClNrti" proviced uneer tnis Act win be admi:1~ered by or under the supervision o( C-,e JTPA operltor, n Ccmpt'l 'I,,"h .n 3pprlUt:le ~c~i,,~ r.cersin<;j an~ :axation. () \0 re"ay .n c~: d ~ ct',.,r.-.;"es 1t,11tre emplo-,1:'r vio:~les 3ny or tMes~ r\.:1c-s, Tne JTPA 0~1tor h.s t"e ri~h: 10 ~T'posc s.4"o::~ns. ;::, l'Il'et\ 10 handl. .n cl.;></.es in accc<cance ..1I1'1:he IT?A 10011 eperotcrs, :;. tlo rur.do rKi~ee",St1: Ol I") COr'ltribl..1e 10 a re:iremer:t Pfo;ra,.,.,. 4 (. T1'1is .lgrHme."ll I'r'j.y te termzn.llt':l ~y tr.e Ji?A o;>tt'1ltor for (aijure to c?mpty Wlh any 01 the abo-ole 0( (0( poor potr.onnance or at t",e CVl'O~r.;.,nct or lioverr.meM. INST~UCTIONS: The Effiployer is required to cOffiplete 9ne form for ~~h s~carate worksit~ ~tilizing S~Timer youth participants. The originals must be cel:vered to the Progra~ Ac~inistrator with the STAT21ENT OF WORK 160 4 ~effiorancum of Uncerstanding. The Effiployer is required to provide the ?rosra~ A~~inistrator with a revised State~ent of work in the even~ any significant changes occur during the period of €:::-,pl cj7.".e:'.t . ................................................yy...*..*..T....... EY:?LOYER: 1,-;O?3S ::LTE: ".--0 J..c..." _ of worksite S~pe~isor(s) utilizing S~T.ffier Youth participants. L l s tall S'.,j.pc: r~Ji 5 c:.-s i:-:"/ol vcd . ()nly S~p€:rvisors listed r..;:.y s:.g:,: -""'0 r........... participant times~eets. II PRH,rri::D NA..'vS \i IL- \1 I\. Ie I SIGNATU?E \ 1 \ ~ ~ II \, 1\ _3\ = -'- ?x~ected numb~r of SYETP participants at this Worksite: Scheculed working hours for SYET? part:.cipants: frcm AH/ PM to lU1!PH Scheduled days for SYETP participants: Honday - Friday Other (specify) ":"'~ ~". ? ,~.3:.:':~.,,'~:~':-r..'" (.il:......~; 160 4 Su~R YOurH JOB DESCRIPTION FOR'1. INSTRUCTIONS: Prepa~e a se?a~ate form for each worksite anc occuoation. please Print or Type. AGENCY: WO?.:<:5 ITS: SU?ERVISOR(Sl Nfu'1E(S)/J03 TITLE: ~rr+++rr+r*****F***+*********T****T****t********~T*****T*********** ~ OF POSITIONS REQUESTED: --- J03 TITLE: .;03 DSSC? I PTION -- -- ------ 160 4 .;_'J!-2-GR YOUTH PROGRAM ALTSRNATIVC JOB PL~~ I I J..G EnCy : In case of incle~e~t weather this agency will provide for JT?A SYET? participan~s tr.e follo~ing alternative plan of work act.ivities. 1. 2. 3. 4. 5. ABE SKINNER, CFA CERTIFICATE OF CORRECTION OF 19 --25- COLLIER COUNTY TAX ROll SeC1ions 197,131 and 197,122, F.S. and Chapters 120-8.021 and 120-13,006, FAC, ~-- .--------------- f_-,.] REAL PROPERTY DTANGIBLE PERSONAL PROPERTY .. . loG 1 Descnpl ior.' . :-: r C '"l ,~ r: C h : ':-1 5 t ~ ;' 1 '..', l' 12 1 0 t ::~. Nurrt>er ((~ Oa10 j!7 I '" 7 Assessed To' Er! ',i i r'1 ,"; 1 ,; ~ t I (' r .: r- ~ !- 0 x 1:2:) :. ..~ rca J...1 "'1~; , r , , .. ~ ~ (. ,:.. :: Sho'Jld Be AssesseD To. ;'(:\.; j ~~ r.}:'1 "11..,.", r ~ 1 r) ~'. 7 ~'t tee ~ 71 f' e r ..' ,., ~. (: f) j ,'I 1 :l n ,: , F l ('n::rt -)41~5 Correct Descript ion, ., ,. --, p. THE INITIAL ASSESSED VALUATION WAS THE CORRECT ASSESSED VALUATION IS: Assessed Value _______L~ !...l..~_LL__________ Assessed Value lZ7.14!,. Classrtied Use Value Exempt Value Taxable Value Classified Use Value Exempt Value Taxable Va:ue _ _____:--11..::'_______ : ; 7 , 1 .'t> . 2) 5 ~l(l. 1 (1 I , C I, r. . lHE INI1IAL TAX EXTHmED WAS: 1:' 1":: . 7(; THE CORRECT TAX TO BE EXTENDED IS: 1/.0 'I, 'i:-> (Check Bo{ If ApphcatJie) [J ft., m;:;fer:al misfake o~ fad rclalir19 10 Jr. l!sse;;lial condillon of the pr'Jperty is being correded within six1y (60) days of cer1~j. cal;cn cf the Tax R011 wr,ich occurrt'G on ______________ 19 ___' pursuanllo S,197,12:? (3) (a) FA ReaS0n For CorrectIon i'~ ;0j( C'1(~~~-:/~. ~l~~.il ;)(\'".:-.'r (o:..;:"tr.-l.~\' \~? :-():\( ""'f'Cic:'. ;:~in~;t(.,tc 1,;0:, ~11)"lnr ~.r"~h: ~nli ,.~t''1p~)ll ity eX~j.~,tir:;~. FOlio Nurnber _ ___ 5..,;:i.}Y)~:Cc:.:.~: ABE Sf<INNER, PROPERTY APPRAISER By Deputy 5~ 11 11 y r~ ;'J r r G t t Page _ .--L2.LiL______n______ Line__.l.J.2 ~_ _______ Area ___.5l:_________._ __ Land Use ___LL__ Received By Tax Collector Dale BOARD ~.oUNTY COMMISSIONERS BY~~~/9/ Chairman Date "'..-- ,- Rev. 2/93 '~:fr,X/:L nl\:~ ::::h :c;!'Fi';~~:!@}i;~~t\~i;J ~~J;';;:;L' ~:\:';,: ~:<': :. ': ';:'.::c,;;Y(':'.,:; :,:/\ : ' ABE SKINNER, CFA CERT1FICATE OF CORRECTION OF 19.1l- COLLIER COUNTY TAX ROLL Sec1ions 197131 and 197.122, F,S. and Chapters 120.8,021 and 120-13,006, FAC, . ---------------.-- ------------ ~ REAL PROPERTY DTANGIBLE PERSONAL PROPERTY . ' .1.1-::- . ~.,. .~ ." #~':~ , ~ '~:1~: I./.:",......"...,,'....',.~ .....",'.,it.,..~::,:_..,'...\,...,:.....".:.:'.: .""., . :'.~;.~i<~~'.....:~.,' . - J" ., ", ~~ A~ . }i~ :~::. ~:~I ;'i:. . .-:,,' .~ ,. : ;;,:)~. 1 '. .t.:..;. ~:~~ .~.! " . t:~: I:', r~:'.. Description 2&-47-27 rarc~l 63 Assessed To: !ff1e 1" PAra!. 17510 DaTid C 3rown ~ ..ples, 11. 33964 Should Be Assessed To Curti. , Brenda Blocker r 0 !o:x 970 I:8IlI:IOu lu, n. 33'34 . ....... ..~. "::/'1. ., .I '-: ~..~"" ,.,"\. . .t,-. I'" a: ~ ,.;,'~~ ..~ ..'~ :~~. .',l \,; .,'..;; ~. ~J' :.'.i 'i~;:~ ..,. ,: :. ~_ \ I' Correct Description Sa-.e t.: ; :'.:( ~,~~ .., ~!~~\ "..,..," .,....:. ~'I '!'io .'$"':t" , '-~ :~~;'" ......... ~; . t .. :"'l\- .Y", ~~r; !~-'. \'t~ ~".~'" . '!~.. :4'~~' ~ "<i/ ! '...;) ;~j;:'. ~~t- ..SO... :.~~ >,,";, -, ,. ,. ~:;~ ",-~l. '''l\;1: ,;~t. "'.:: :~ ry ..1 :;{. ;-::t~ -~h ';:-l ;',~.ii , ,'r . ;"",j , '., t ".,t ,'., " ~., L; 1 . ',t \:~;:~ ,'.,' ~~t; ; frio ~Itf' '~AL/ '" :,\1 THE H'~ITIAL ASSESSED VALUATION WAS Assessed Vaiue _.LL3.~_~2.~_______- _____ ClllS$llir!,j Use Value --. -. _..._-~. -...----.- -- --~_._..__.- -.----.-.---- Exempl Value Taxable Va:u~ ___L!)L620.--------..------ -- THE INITIAL T.AX EXTENDEONAS: l 208.79 - ----~_.- ---_.- --- --.--. --- ~;.:-.... ~. It . ; I ~ ; 1 ,- '.,~ ': ',' \ .. . '~., ; ; ~. . 'f. ~ ..} ", \, ~ .' ~ 10.,,. ; '.' ,. ""..'., '!.. '. "' ...' . Number 272 , to; 1 bG 1 Date .\prll 16, 1997 THE CORRECT ASSESSED VALUATION IS: Assessed Value _Ll.:!.62L-. Classified Use ValUE: Exem,:>l Value Taxable Value ; 13.620 THE CORRECT TAX TO BE EXTENDED IS: $ 208.79 (Check Box If Applic2bie; C=J A ma:Eri~1 mista~p. oi iact re!atirg t) 3n essential condi:ic,n of the properly is being correc1ed within siJcty (60) days of cer1ifi- r.C11ion ollhe TaX ReI! whIch or:curred on ____._._______________ 19 ____, pursuant to S,197.122 (3) (a) FA Reason For C,yrcCllQn 1'ran..,hr of o'itlu:lIbip VlIS a18sed 1995 T.R. FOlio Number 00 112 8t'!()()g Page ______.__?.,Q.___..u Line _._~__n___ __._____ Area ______J?____. _ Land Use .u2~________u__ I I '..'__ ___/_LJ.....; _1___ -~---_. --_.- .---~ ..-- Received By T ax Collector Da:e .;-. 4"r; /:; # .,.j','!- ,;. . Rev 2:93 ABE SKINNER. PROPERTY APPRAISER By _ Deputy Luci.J SiciliAno BOARD OF COUNTY COMMISSIONERS ~~~ By---7-~ - Chairman ~ --j., /.,., .__~~"L_ ' Date "'..__.-.~_.- ,--".--..-..-.-"'-" ,---..-.-.---------- _._~- . ABE SKINNER, CFA . 16 G 1 I CERTIFICATE OF CORRECTION OF 19 ~ COLLIER COUNTY TAX ROll Sec1ions 1'37,131 and 197,122, F,S, and Chaplers 120-8.021 and 120-13,006, FAC, -- [J RE~,L PROf:)E HTY OT ANG1BLE PERSONAL PROPERTY Description: EQUIPM1::NT & SUPPLIeS Asse:;sed To: GUL? COAST I'1R I Should Be Assessed To, S~ME Corre,:t Descr'ption 3At'lf. THE INITIAL ASSESSED VALUf,TION WAS 3,541.528 As~essed Value Classni~ Use Value PENA!..TY ~KVaICJe Taxable V3:ue 885.382 --- - -------.-----.-----.-- 4,426,910 --..----.--------.-- ------ THE 1~~ITIAL TAX EXTENfJEO "i-AS. ~ )1.886.4:> ______f.JhY~@------- Number -1.9.95-81 D~e APRIL 10. lqq7 THE CORRECT ASSESSED VALUATION IS: Assessed Value 1,548,133 Classified Use Value 'pENALTY ~ftx~lue Taxaole Va:ue 3e7,033 1. 935,166 THE CORRECT TAX TO BE EXTENDED IS: 27,052.86 (Check Box If A,ppiicab!ej l-_.~~ ^ m.3lerJol mistake o! lacl rcialing 10 an CS5ential condition of the prorerty is being correcled w~hin sixty (60) days 01 certifi- cC1tion 01 lhc TM Roll whiel) o<:c:urred on ____. ._. _ __ _ ..______________.__ 19 ____, pursuant 10 5,197,122 (3) (a) FA Reason For Correct IOrl ~:)UJ ?r~,r~n1' \"\'\$ ,U:MOVE:D PRI~R TO "..$~ESSMEN1' DATE rOlio Number _ 6.~9.QO)--2.5-~-S-6-- _____________ rage __________ _ _ __ _.H__ Area 259 Line l.and Use - _.~ -~. --- -- .--. - _._-~---- --. Rec('lved By T;'IX Collector Dale Rev 2:93 ABE SKINNER. PROPERTY APPRAISHl By Deputy OOHAL.O G. H,l.YNES SOARf) OF COUNTY COMMISSIONERS B ~ / ~ ~/(.h;? y - =7~-------___=;-L~-- Chairman Dale ~ . .., ~.~ .' ~' ! 1 '::, !:'.:<:;:':;,.-J. t I,. f ,: ~::t:' " :.~ 1.< { ! ,. .~. ~'4","-" j"'. , ~ '. ,,' " ,,;,; 11 t: ~ ,~:> ~~::.~.; ":1..:.', . ~ L' . .... I ~ .... I ...: .:::t~:'.:. ., "x,: . .. 1t .;-: :.;':'~ ~:. :~ ...., k' '.~ "~';'I' 'f .f"- ;t rz: ;; .'1 ~ :{ './.. ~ i ~:. .. '. .. , . ;./\.':,J'.' ) . '. l.. . I -r-,....r .:~~ -:. ,-.., ,. t, "1,- 't~~'~ ,'.' . ABE SKINNER, CFA . CERT1FICATE OF CORRECTION OF 19.2.L COLLIER COUNTY TAX ROLL Sections 197.131 and 197.122, F,S, and Chapters 12[)-8,021 and 12D,13 006, FAC, - - _.. ----- - - -- .._.~ _._-_. ----.---.--.---- ~_~ REAL PROPERTY DTANGIBLE PERSONAL PROPERTY 16G 1 .:':.""- ~ -' ,.' , '.)'~; ~, /"... ~.t~ ,.... . '. t:~.. .,x",; .~ 1 ~ ~':'~: ~:'..Ji. I . J~ :d: :'~J !~.r -;,.. , ._10 ., .. - t ~ -.:.. '<, ..... . 'r ~ ,.!~)I j., ....~ ~~~, ~ .'fIo'':~'' .'. ~ J ~~ :, )~! ," ~".: Fr. "'-i." t;'; ~,.}. . , :;..~'~-i:: ,i\' a' -:-i tt "., ; :. ;:,t: ::;~. ';.l. ! ;;:, "",\1 ,., ~;~.~ ';1; '~; ~~ '~(f 4.' ~!t.. ~.'.:: ~;(, /:J, ~t ;:~ "10 .~. :~t; .':' ;t t>. ~~ J'~ ;,.:~ 1,' . ti. Descnp:'on Cvl.1'm C...t" r...t linit 68. ,.~ 1;:1 OR :::;:03 PI 1l3~ N u IT'Ib€ r 98 Date J4tlGuy 29. 1997 Assessed To City .)( Jlapt.,. Should Be M,sess8d To: &.tM1 Correct Descrlptt0n s..... Assessee Vrt!u~ _______ _~J~_____ THE CORRECT ASSESSED VALUATION IS: Assessed Value Classified Use Value THE INITIAL r,SSESSED VAI_U4,TION VvA,S Classi1ie::: Use Value Ta;<able Val-.:e __ ____J.f!J.L~_________ Exempt Value Taxable VC'l!ue ----~.!jl~_. -0.- Exempt \/all:1; THE IN:Ti.t..1 TA.X F:XTENCED "VAS. t $H7.20 THE COr-mEC T TAX TO BE EXTENDED IS -0- (Cr-,eck Box il ~pl,,-3ble) [:=' ,\ materIal rTII:,lake Of la(,1 OJI;,Jlin9 to ar. essepiial condition of tM property is b~ing corrected within sixty (60) days of cer1rti- caliJn or (he T;~1 qoii whiC1 OCCl..'rl'?d on _._________________________ 19 __, pursuant to S.197,122 (3) (a) FA Reason For CorreUIO') frO{>'ll't.j" O'fCH'.j by tho Ci\:y of Ii".~l-:A. tt:houl<i b..1I."'1I! bfHlU vbolly .:uur-pt. 40 1 tlS3t~OOO~ Folio Number ______...________.._____________ Page __~~:~___._____ Line _______~_____ n~ no to a, Area LanrJUse AB~ER' PROP7 APPRAISER . By 'UIA.(tu..... '711 ~ ~ Deputy Sauior App1"aiBer / . BOARD OF COUNTY COMMISSIONERS By ~~~/(/.? Chairman Dale t. '; t Received By Tax Collector Date .', .:~, '. Rev 2193 , I~. .' .,.".. . 'J~ ~', " +j:' ~i.~~ "! ..~4 .:: t'" .. .. ~'J .~.:~:- , . ~'i .I ,.. ~ ""at.. -'-fj:. i.: .~-:~ '. . :' ,- '.: . }~ .~. ~I;;~ -Y", ,. t. ,.. .1 ~ :i.,r~ .t;" ..-/.," :";;t: .... ," ......t .i.. .. ;'f~:(~:- ,,;~'r. '~~;/ '~I:~' .i:f{ ,\.~~: ~ i.j~:; '~~~: !;~~~]~ ..ll!(, :-t~~; ;~, (~:?~ ~'~",'~ t,.., ~Ir~:'i, ":!,1" ',l < ~ ,~.,'.~ -:.. '\ j. '6;'.. '. :rj!~ i/-':"", , )-L" )~~, '~'r_J,'! .. ' ....~! i~3~r; ~ ;1: ~~ ~~~':t' -~~;_r.::::'~ ~:.~~-':., Air ,',.. .~; ,= .~;' ,,'~i:).', ?l" ~~"fj~ xx~ .:. J, }~J ~.,}'r:~~<: ;;,'>.:r:;~: 1:"~7.r"t;' '.!::::~:ti ?~:~~; ~'i:V;~'.f" .?~?\'l~:'.~:':,l\:,';,;:'!l~}" , , /. -.. 's. ,,~ .' :;~:: !..:~ . , . ", f,iJ ",- "I ~~;~ ,: " ... ',) :".-' r,:'., _..__~__ -~--- ~ 1f'...... ~.T -- --_..-,..~.- ~ . ABE SKINNER, CFA. 1 6 G 1 CERTIFICATE OF CORRECTION OF 1922- COLLIER COUNTY TAX ROLL Sections 197,131 and 197,122. F,S, ar.d Chapters 120-8.021 and 120.13,006. FAC, [QJ REAL PROPERTY OTANGIBLE PERSONAL PROPERTY Ol.Jscrlption ..>~~,t ',:j",,:; ;~r"t(\!1 Cc~"n 1'f1it 7,27, Number 111 Date 2/~f,/n7 Assessed To rl.:lJlnlt L. ~~o[on T~ c: i () Il f... L i n \I 0 () r. E () ;l d ft. ',:1\lton f'('I'lr:h, FT. 1,:'j/~7 Should Be Assessed To r) !J '"1 P. Correct Description ~ ;1~'" THE INITI.b.L ASSESSED VALUATION II/AS: THE CORRECT ASSESSED VALUATION IS: 4 C) , I', ., ') ~~-- - -~-.- _.._-------~----_.- Asser.sed Value Classi1ied Use Value Exempt Value Taxable Value ---- Asses~E'd 'IalIJe 1., (~ 9 Cl 7 ~ Classified l)~,e Val'Je --------.---------- :!:; , ~)("~.;1 [xerT'9t v;Jl\;e -- ------- -----.----- 15,:'\75 Taxable Value ,. (. '..;"""" ____...!-:'_L..-!.-J------ THE CORRECT TAX TO BE EXTENDED IS: 23~.55 THE INITI.AL lAX EXTE~JOED W,l.S '- '" r. r ( _._____._~ J._~__..L...=...:...::___ (Cheel< B:;Jx Il :,p;:J!'c'Jbie) , ;;\ n1,3ief1cl r:113lJke of fClct ~eia(ln<;; to 3n e~;sen1i31 condition of Ihl? propP.r1y i~ being corrected withIn sixty (60) days of certifi- catIon (,1 t~:t~ Tax Poll "mien occurred or: __________________________ __ 19 ____ . pursuant to S.197.122 (3) (a) F.A. F.eascn Fo~ Corre',;tK,n : : , , ";' r; <; !.. I~ ;: fl F. ;i 1 t ~ I) " .c;, (' x ~ "" P t i :::>~, :;, r e f~ () V F. d i r. err 0 ( '... hen :1 , ' (1 r [' :0 ~ "':!1 q (~ ' \1\ n :', ~ ~', . [l f! \l '-: \I( ,,( (i n l' t, \,;" j t () ., i: e " C ~ 1) 111\!; po \J I! r. 0 f " t t ~H ;l e v. ,', '-~ ~ '.' f' ~ C (' ), " ri (, ,. i s r-,'. q ~ in 1\ t!1 t f ~ 1 c. '16 ~ (: 1:1 e ~ t (' 'l ,-I, ~ iJ i .~ Yt;15 ex (> ,., P t 1 n n!' . FOlio Number (~l (i 2f ;~[>~;~ in 1 ABE SKINNER. PROPERTY APPRAISER B' -/ Y ----I- Deputy ~al1y Cflrrctt BOARD OF COUNTY COMMISSIONERS By ~~/~cl17 ChaIrman Date . __ ____ _,_' _.~_____ ___..__.'__m____ F'ag.;__lJL~~----------- Line --~~'. .Area 25 ----.--- .- --~-- -~._----------- land Use I; I. -------~---- ----------------- -..------ ---_._~--- --- --.. --- ---.-- --------- --.-- ReceIV8d gy Tax Co!ieClor Date Re', 2:93 " ;':,.,-' !.''-';:;';~:!':.~;'J":: ;,,-<,::'?,:,,'~ ,::,'~ ":":,,,:-'::.:j~:,, ::>"'~ _,:..):>~: . ABE SKINNER, CFA. 1 b G 1 CERTIFICATE OF CORRECTION OF 19 ~COLlIER COUNTY TAX ROLL Sections 197.131 and 197,122, F,S, and Chapters 120-8,021 and 120-13,006, FAC, [IJ REAL PROPERTY DTANGIBLE PERSONAL PROPERTY Description '-,nlrlcn r,flt~ F<;tr~t~~ "njt (,1 1,,7,) ft ,.)f Tr :.rj Number 1 I :~ 2 / 7. f, I (, 7 Date Assessed To' 0rlAn~o V1Ro, Jr. D.'l r i<: C 14 RD. F: 1 1 i ~ 2~GS ~5th 1v~. ~y ~J"nles. YL 33()64 Should Be Ass~ssed To ~::ne Correct Desc(lption: ~Hl -, " THE INITIAL ASSESSED VALUATlmJ WAS: /, (, . !I <; f-, THE CORRECT ASSESSED VALUATION IS: Assessed Value ~----_.__..__._-------------- Assessed Value Classified Use Value .~ 6" L.') to, Cldssifled Use V;:;!I)e -- ----- -----.--. ---- -------------- 2J,C'QC' -1,- Exempt Value Ta)'able Value 7\ f49~J Ex~mp\ 1J<:>lue ---- -~--,--_._-----~--- --- lJ~able \/a:ue 't (. IJ (', h, ----~------ THE INITIAL T/~X EXTENDED WAS: 7 3 /1 . ~.Il THE CORRECT TAX TO BE EXTENDED IS: 33().~.5 (Check 80x If Appli<:.able) l_H_: A r:121e>!al ml~.take 0: fa:::t rela~jng \0 an essential conditio '1 ellhe property is being corrected within sixty (60) days of certili- C3\:an of ire Tax ROlly.t";ich ocr:;u,rl:d Oil___________________. 19 ____. pursuanllO S,197,122 (3) (a) FA Reason Fer Correction 11d~1 \:<]~ for...nrd('(1 to hOIJ~~ of (Jcl?1~r!o V1~~o :.p, ;'\fl~ nt;>....er a:1!:'...,('r~~. F n M" ,c; t "iH; r t:'!"> 0 V e din e::' c') t". R (' j n I:l t n tel n q ':0 h;-;:;- f> !l t '! .v\ (' X e r:l p t i. 0 n . FOliO t'luml)er Page _u~~_~_:~__ .Area 1 7 :? '! ,~~ '~ (I ? :.~ I:~, ( .; ~) 7 ABE SKINNER. PROPERTY .APPRAISER By -:r Deputy ~Llllv r:"rrF>tt .-.- - ------ ---...--.---.--------.---------- Line (!1 Land Use ~) 1 ----------- ---.------ ~---'---- --..-------------. BOARD ~UNTY COMMISSIONERS ~~./// B ~-5/t/J- y._-- ---------_._---~-~_.-- / Chairman Date Received Ry Tax Coliector Date . ABE SKINNER, CFA . 1 6 G 1 CERTIFICATE OF CORRECTION OF 19 ~ COLLIER COUNTY TAX ROLL Seclions 197,131 and 197,122, F,S. and Chapters 12()-8,021 and 120-13,006, FAC, WREAL PROPERTY OTANG1BLE PERSONAL PROPERTY Descflplion Goldf!!1 [nt,:a r!3t;,t(,fI tlldt lqh ~; 7; ft of ~ lS~ ft ~f 7r 44 Number 113 Date _..2.L2bJ. () 7 Assessed To: : 0 1 i .., ~'8 ., \1 r. 1 .... P.(\. !'ox 1()f,5':' ~8rle~. Pl. 330hl Should Be Assessed To. ~~ H n P Correct D'lscriptlon: ~ ,1:-" THE INITIAL ASSESSED VALUATION WAS: THE CORRECT ASSESSED VALUATlor~ IS: Assessed Value Ciassi~ied Use VCllue :7.43~ Assessed Value Classified Use Va!ue Exer1lJt Value Taxable Value 37.1~36 ---------.--------- 2 5 , t) (lf~.~ Exerr~l Value --. ----~_.-------_._--- 1 7. . 4 V, T;;Jxaole Va:'Je --_:,--;-~ THE INIT:AL T /~X EXTHml.":D WAS: - -- ---- -- ---- -------------- ~I)'" . s 7. "THE CORRECT TAX TO BE EXTENDED IS: 13' 5 . :: ~ (Check Box If Applicable) C~ ^ l.1alcr.al mistake 0' faClrelal:ng Ie al' essential condition of the property is being corrected within sixty (60) days of certifi- cJlion 01 H-,t; 'ax Poli whic!' occurred on _._______------------- 19 __' pursuant fo S,197,122 (3) (a) FA f-le;:J~,of1 For Correcllon ;"o~;t .\~fj-::(' crv,r'f:P!~ '",:,: ;l\~"::,('r ,1n< '~i')n't fnr',Ii"lrr' --,;,jl. C{ln; !'liFt l~t_t('r r"t'.'lrr.~". ; ,,-r.r';", ,;j,'!\'t '..:71fJ','. :"d,;"t"lt" l)t)(, ~;r,.,('"tr-nrl "'x"r;;ttOil. Folio f'Jumber 1,5',1'37::1-:()(;Z - _.- ..- --- ---,~.._--- ---------~-------- ABE SKINNER, PROPERTY APPRAISER -' By ~ Deputy :~f\lly ~nrrett Page _________ __~~ ~_~_?'..__.__ Line ________~~~____ Area ____l~.~~ __________ __' _ Land Use .__~____n_ RecelV'ld By Tax Collf)ctor Date BOARD ~UNTY COMMISSIONERS $~~J/ _/ BY____~ ~_dJ7 Chairman Dale ., -_._-~_._~-_._-- ------- ----- --.. ----- ------- -----. ABE SKINNER, CFA. 1 6 G 1 CERTIFICATE OF CORRECTION OF 19 2!:- COLLIER COUNTY TAX ROLL Sections 197131 and 197,122. F.S, and Chapters 12[) 8.021 and 120-13,006, FAC, ---.--. 2:JREAL PROPERTY OTANGIBLE PERSONAL PROPERTY Descrip\ ion ~ 4 ~ ~ c () t ~ n c ~ 1 i.; nit. '~ -: 1 k 1 \', 2 ~ JO t 7 1 Assessed To ;",\""l~ C:l.'1f-"'~r;, \'n Pox 17. h '/ ~\.1rcn Islr.!",r I .1, 33t)(~q Sh~u\d Be Assessed To. r r: 'J 1 i) G .....~ s h~ r p, j,)77 'f11~cc~n~(>r Cl ~',arC0 }<;1'10(1., F1. 14145 Correct Description' ~ .1 ;-,(~ THE INITIAL ASSESSED VALUATION WA,S ,\ssessed Value __~,~~ll. ClassifiE:d Use Value Exempt Value -1.)- -_._-"---~----~------ Taxable Va:uc _~~L~ 11. THE jf'lITII'.L TAX EXTENDED W^S 1 ) ~: :1 . 7 () --~----------_.------ Nu mbe r 1 P' Date 3 /7 1<) 7 THE CORRECT ASSESSED V^LUATION IS: Assessed Value Classified Use Value Exempt Value Taxable Value liS,f)l\. 25S0iJ. .--------- lC,J,11i.. THE CORRECT TAX TO BE EXTENDED IS: 1')47.17 (Check Gox H Applicable) C:-~ A rmterlal mistake of fact relating to tl;1 c$sen1ial condit~)n 01 tile property is being ccrrected within sixly (60) days of cenifi- cation of tr,e Ta~ Roll which occurred on _____________- t9 __' pursuant to 5,197,122 (3) (a) FA Reason For Cc'rrectlon. h' I'r:)y cl'J~\('(:. "">,1 .,.,,,01- f.lC.,':.r:o;l('l: ':,,,. ;-""t. n~!ict'>. :',r': :)r; t '! t,0 1 '\(");, :In:,'0,: t ,';" ,'1;1'. ',i ::qJ~.j 1 i r \' l',:{';-,pt inn:;. ~ (,;: 7 j' i.\~' (~,,~;,,~ 7 FOlio ~Jumber --_._-'---~----'- --_._-_._--~- Page _ __ ~ ~L._.4 r;)____________ Line _____~0__-- Area ___l'~_ _______________ Land Use '~ 1 ----------------------- ------ --.------- f1eceived By Tax Collector Date Rev 2/93 ABE SKINNER. PROPERTY APPRAISER By' Deputy r, >l 1 1. 'l &6 r r c t t BOARD OF COUNTY COMMISSIONERS Bv ~~~ Chairman :It/e; ;7 -,- Date ~ 4t loG 1 ABE SKINNER, CFA CERTlFICA TE OF CORRECTION OF 19 -2L- COLLIER COUNTY TAX ROll Sections 197,131 and 197,122. F.S. and Chapters 120-8,021 and 120-13.006. FAC, _____ G]REAL PROPERTY DTANG1BLE PERSONAL PROPERTY Descnpt ion: ~"f~tr('":'1t ;1t :;~~l(~f', 'r:> ~\;':: r:()n'~'':> Nurrber 1 1 '-, f' 1 c. r :' r, 3 '::4 Date ~ I 7 ( '-I 7 Assessed To (: 1 ,1 r- (' II C ~ r., \ 1 FI :v~ t j.')?,} L'I".llcl iUdr,e r:t nonit~ Sf'lr.ing:1. fL 3(~134 Should Be Assessed To Clar"~~c0. [, Ju";jth ,\'1f1 f1""nr!t /':' I' f) r 1 1 1, ~, rYJili t i\ ;"Jf I ,,<>.~, ;.'j, -\.~ 1', ') ComKI Description: THE INITIAL ASSESSED VALUATIOt'-l WAS: f' S I 2. 11, . THE CORRECT ASSESSED VALUATION IS: r', 5 , ::' 111 . Assessed Value -------------.-- Assessed Value Classilied Use Value Exempt Value Taxable Value _--1::.5 . ') 1 l. . C\assrtied Use Value -------- Exempt Value ___2j c (ll)() -f1- 1 axallle Va:ul? f-. C'....2.UL._______ THE CORRFCT TAX TO BE EXTENDED IS: THE IN!T;AL T/\X EXTENDED WAS: ___~\22 __.G~__.________.__ 1 ., (, 1--1-k----- (Check Bo~ 11 A;)pl~:able) ~---, L_..: A Inulcrial mistaKe of !ac1 1f:13!ing to an essential corxJilie.n ot trlE) prcpJrty is being corrected within six1y (60) days 01 certifi. C31ion of l~IC Tax Roll which occurred all _________________ 19 ___' pursuant to $_197,122 (3) (a) FA Rea30n For Correction ::r. 1::Plndt recr!jvirj~; '10:'I~':t";-:(; ~xf'''1!:t1(l:1 in tee C0!;ntv n~ vell P.5 C 0} 1 j '"' r -:: 0 \ 1 n t y . :: (> t" () '.. n 1 (: 9 f. ,., 0 ,-, (~ :1 t ~ C!. d ~ x e ~ n t ion. Folio r.,jlJm!:"~r f.,0!..,) 1 (,('d](';l':' ABE SKINNE8. PROPERTY APPRAISER By Deputy :~f\ll~r r.:\rc~tt - ----------- ------.-. -- ----- Page _ __U5f::. .::.____________ Lme___il!L--.----- n~ Gh Area Land Use .------.------------ ---- BOARD OF COUNTY COMMISSIONERS B $A~~~ S//..ll? y ------- ----- ----- .' --- - -_.- Chairman Dale ReceIved By Tax Collector Dale Rev 2193 1J~...,. ,,_. _,,..~ _~~_ ,~.... __" ,~..~~:ii.t"""-~.."'"""'pI':'~....."'""'~~~ ~.-.....~ " .. .. to :, ~ " . : ;.:. .4. '1" '::> ',:."~ fl'.. " ....... ~ ..... ~ ':' , ';":"'" . " j,-:" '/ -,- f.:'''' ; :;"; .~~:~:' :1'. . :.JJ. .', .,".- . ,"" '. . -.,'- ~ .~.-: "Y"~ ., ~~ ",:;j .1~;;,~j:. " ....... '\.',." ::':,!'! , ;~ ~*,: .,. :;:i. ',~.1 :~'~~":, , 4. ;.;:t'; . ..i':.~; .~~U; ." .-. :-;;'::. ~:4 ~:'~ ; tf , ;r/:t. 'li;.~' ~~I,,:. ~t ~;"~~. ::#.....: .. ~~. ~",,,, ::E~f: J-....~l/ ':1"'~'" ~.:.,f..I'/. * ..t:~' "ry..r: ~:'~~i; ~.'."iii ; ~. i-';,.~ , '''';IU'' I.f-/'* .~-.. .',i".4,f.. : J-'4:'''~ . t~'.'r'. :lA"";:~'~ lit' '1.~'", ~~~..\. ~~.":.~.:.~ ..', IIi'.. .;..' 'I" . ":i:Jr ~.~~~':'~ '"... J~ " .... 'I:";; . ...".( ~:;...; , .:.;,('Fi: r ..:,,1. ", ...._~..! ;1,;,;1: ~,......,::,.. I.:"'~ .I,t: ." ..,. ,," "~ ~:.~ j{~tif .~ ~~!~ ~!i r::~~,~.:' ','~~;'.:-. ", +~, . ~;- ~.~~ ,-::' ..'.!;~~;:.:'; '.~~~k ~ ~..:!l. ., ABE SKINNER, CFA CERTIFICATE OF CORRECTION OF 19 Ju... COLLIER COUNTY TAX ROLL Sections 1~7,131 and 197,122. F,S, and Chapters 120-8021 and 120.13,006. FAC, .--------------- --- EiJREAL PROPERTY []TANGIBLE PERSONAL PROPERTY ,I' .1 ,! .. I; I. .. '-"~ ~ / " '-" ,/ \. '..,.~" """',.' ' . '_"':t"'..~' '. - ".~. ~ '. .~ ".' ""..~ ....;:. -:",.~. .' DeSCflphon c () 1 1 j r:. r " i t v 1 '; 1 t, i.... t ~ f Assessed To ;)el;,'" 1: Lu..,li.,' [:O',!{(!f" f' ~', F 0 :-: (j ""} ~ : n r c () I!) 1 ,H1 ri, F L l -:sr1'i 0 Should Be Assessed To: F., 1 r.11 f. 1.0 c] 1 ~ l~ 0 Y.., ~ (" 11:,3 rAI,' -;::",,',l~ "'rivl' J',H'Cn i7'11n(.t r:, 23'1'l7 Correct De5Cf,?\lOn ~:1 ~'..~ THE INITIAL ASSESSED VAl.UATION VIAS Ass€ssed Valu€ _____:,_~L~~-------------. Classified Use Value Exerl'4J1 Value -~..:.::_~ ---- T<l1ab1e Va:~e ___.J:.jL.iLtc.~~------- THE IN!1IAL TAX EXTENDED VIAS: __~lLL~2------- ~!1 ....;.....,:,-t",.;'"', ~~ .~l /. . , ~ ; ... ' ". ;... .' .'.... A ,I.> ~ .' ';.: ,/ J Jo'. .. 16G 1 Number 1 "),". Date ~/7 / '. '1 THE CORRECT ^SSESSEO VALUATION IS: Assessed Value Classi1ied Use Value Exempt Value TaxClble Value C; L ., '7 r, 1 -or ") t', 1"\0(' , ___-----2.~ 7 I'" 1 n~E CORRECT TAX TO BE EXTENDED IS' !..~.5.f,f) {Cho;C.... Ecx \I Applicablej i---' . l_~ 1\ r11<llerlal rrllsta~'~ c~ lad relating ~o an ess~rn'al condit,on of the property is being corrected within si},1y (60) days of certi1i. calien 0: t:-il? T3:< Roll which occurred on __________________________-- 19 ____. pursuant to S.197,122 (3) (a) FA Rea~0n I:or Corr('c!'cr.. ^ (; cl r (> ~ ,'" c h n n), ". ,l f (1 r '." ~ r- r1 (' (~ r'\ n t ). . : r 0 ,.: ~- I"; I: (\ X t (", !"', r n p.... r t'.- ~ '.', ,-1 t' e r; !'. l' 0 ;. t () f fie I-~ :1 (' V ~ r :.: e i (1 ;.. t M t ,. 1 q (~/.. >, C" 11 P !) t f''' d ,,'J( ("1 i' t j (1;' . Ar. :H~ ~ i1(>(~ v:l1 '1 f' r ("III c: (' r. d 1.1'" t n r r"Pi'c1l"1~n t ! ~\. Folk) Num:y:.:r _ ___ 21_:~U_~lj::.l-;----~ --------- Page _~l':-l Area _.: ~)_ __. _. Line___.____..::.:l-------- . L:lnd Use __ ___ _:..1 L_______. ----~--_._------------ ~ --- - -- ~---_._------- ReCeived By T ax Collector Date Rev 2 93 ^BE SKINNER. PROPERTY APPRAISER By ___ Deputy .----.-----.----- ;: .'1 1 1 y ~.: n r r f' t t BOA~, COUNTY COMMISSIONERS By ~~ Chairman ~-) -;(!:/22 Date _ ~__ ..~~"..,..-_~_..........A",........:.; .,......,...'Y'r...,,~_......,..,.~ ~ ._,. __.__._____w__ ABE SKINNER, CFA CERTIFICATE OF CORRECTION OF 19 --2.S- COLLIER COUNTY TAX ROLL Sections 197.131 and 197.122, F.S. and Chapters 120-8,021 and 120-13.006. F,A.C, [i~REAL PROPERTY DTANGIBLE PERSONAL PROPERTY . '.' 16G 1 Descriplion: r (! r Ie. !: ~ i r" L n l{ ~ ~ ;; n 1 t ~" Lot (,1 Number 1:!1 Date 317/97 Assessed To: 11!'1 J:l [. f'~l!n~ t:: "peley (I 6 2 2 ell t t Y S ~ r k Lit n ~ ~~Dl~gt FL 341n~ Should Be Assessed To: (In:-1~ Correct Descriplion: ~,):"1~ THE INITIAL ASSESSED VALUATION WAS: Assessed Value __1')2 t 2(lr. Classified Use Value TI-iE CORRECT ASSESSED VALUATION IS: Assessed Value 102,2 f.;\ . Classified Use Value Exempt Value Taxable Va:ue ___.; 5 ,00C1. ____.27 I 2 6 ~< . Exe~ Value Ta/3ble Value -0- l02.2F,f,. 1 i 21.:' 1. ---------------- THE CORRECT TAX TO BE EXTENDED IS: 1619.!~() THE INITIAL TAX [XTE~...jDED WAS: (Ct,eck Box :1 App!icab"~i l~ A materj,ll r.1lstake of faC1 relating to an ~ssential C0ndition of the proporty is being corrected within six1y (60) dClYS of certifi- cation of the Tax Roll which occurred on 19 _, pursuant to S.197,122 (3) (a) FA Reason For Correction: P r f') l> e r t y \l ~ ~ c1 11 :\ r !' n t E! 1 1,1'1 'l 1, 1 C.(J 6 ~ ~ ::1 f) "J C 1 9 (, r) h (~ '"' e !l t e " d e x c :"1 iI t i 0" . to r.eCp.I~t>~r 10, 1996. FOlio Number 23'i4')())SllO('. ABE SKINNER, PROPERTY APPRAISER , 1, .-:/ By \ (-;,\. '0. , ,I, Deputy Sa 11 y GC'l rt.c t t BOARD OF COUNTY COMMISSIONERS Page 810f' Line 05 Area ---.2 2 ________u_ Land Use___01___ Date BYCha~/~ 5/t., /91 I I Received By Tax Collector Date Rev. 2/93 ____.. I. --..Ill... .---~--- "....,.., J ' '-':p .. 16G 1 ABE SKINNER, CFA CERTIFICATE OF CORRECTION OF 19?6 COLLIER COUNTY TAX ROLL / Sections 197,131 and 197,122, F.S, I and Chapters 120-8,021 and 120-13,006. FAC, fiJ REAL PROPERTY DTANGIBLE PERSONAL PROPERTY 12.\ Description: 28 ~ )4 HI of 5. of K~l of S'" or Sitt 2.5 ac OIl 1327 'I 23)6 Number Date April 4. 1997 . Assessed To: ICA t1 ou.l PArk rosnda t 10n Should Be Assessed To: SmM Corre<:t Description: I... THE INITIAL ASSESSED VALUATION WAS: $1.2S0 THE CORRECT ASSESSED VALUATION IS: $1 ,2S0 Assessed Value Assessed Value Classified Use Value Exempt Value Taxable Value $I .250 Clas:;ified Use Value Exempt Value Taxable Value H,2~O -{)- THE INITIAL TAX EXTENDED \VAS: $lO.52 THE CORRECT TAX TO BE EXTENDED IS: -()- (Check Box II Applicable) r_J f>. material mistake of fad relating to an essential condition 01 tl1e property i5 being corrected within sixty (60) days of certifi- cation of tt",e Tax Roll wt',ich occurred en 19 _' pursuant to S,197.122 (3) (a) FA Reason For Correction: Should hav~ h4an ~Qol]y .1~t ~r PUblic Law 90-209 -::":~,:;:':-_ . I ! ("! I .. , (l ' Area Land Use ~, t.o U2 ABE SKINNER. PROPERTY APPRAISER By Deputy ~1Il.or App1.".a.iu.r Folio Number Page 2)12 ------- 3~ 00 ~ 311}(l()E.)(l7 ------------ Line ~ Received By Tax Colleclcr Date BOARD OF COUNTt COMMISSIONERS By ~~~:-"h Chairman Date Rev. 2/93 Description: 2 (- ') n ;, 7 ~; r j I II I) [ ;: r 1 I:" I) f ~." 1/1, 1 G . ,-, ,"j :'\ C Number 12<:; ~ ~ ~-~ .,- ...- ....- - - .... --.- -- ~ .'.'- , .. ABE SKINNER, CFA6 1 6 G 1 CERTIFiCATE OF CORRECTION OF 19 ~ COLLIER COUNTY TAX ROLt Sections 197.131 and 197.122, F.S. and Chapters 120-8.021 and 120-13,006. FAC, [~REAL PROPERTY DTANGIBLE PERSONAL PROPERTY Date !. /'? / q 7 Assessed To: r"tricl~ V. Provn roY. 921f) !i~;,l(";, FL 33141 Should Be Assessed To: ,)~\.-:"rici~ Vi'tJ~ll:1 c)l:i 'jf'nn~r.~'!(' 1.1'11'-:' ;ir> cn v.o t..., fL :3!. 2 ~!. Correct Description: s ;:\-.e Assessed Valve Classified Use Value ExerJl)\ Value Taxable Value l~l('i. THE CORRECT ASSESSED VALUATION IS: ASSE ssed Value 1 M 1 n 7 . Classified Use Va~Je THE INITIAL ASSESSeD VALUATION WAS: ---.-----. _r,l_ Exempt Value Taxable Value -cj- 1~1r,7. 1~1(J7. THE INITIAL TAX EXTEr~DED WAS: THE CORRECT TAX TO BE EXTENDED IS: _r._ :. 71 J\3 .--------------- (Check Box If Applicab!e; o A material mi:;take 01 fact rel3tiil<] to an essential condition of the property is being corr~cted within sixty (GO) days of certifi- ca:ion of the Tax Roll wh~::1.')ccurred on 19 _' pursuant 10 5.197.122 (3) (a) FA Reason For Correc1ion rat r i c i i1 l' r r, wild t .: 0 r c c (!, reg 1'\ i 11 C r. U:'1 (> 0 f :'l P. i d ~ n n a ':1 e Fr "1',)\. ~ rl t 0 Sflrn~otll. :ch" ~f\C: cl'lir,H!c! 1l1)T1(>~t~F\(~ ~y."!mjltil)!1 th~=c ~inc~~ 1~11){.. l(!!"IO\'c [,-,';r. 110-,r':, t('.),j ~:'I.'(';-';1tJ0:l. Folio ~Jumber ___~~~0,-{~1'~/~;V:.:..:~~___ 1 -.- ,,- ... Page _~'--~__ __n___Line ____~' 16J. Area Land Use I ~ : ABE SKINNER. PROPERTY APPRAISER By _-- Deputy <':;1 11 y r:nr:rc t t I / .' .' BOAR~ ,COUNTY COMMISSIONERS By ~/~__S/tj91 Chairman Date Received By Tax Collector Date Rev _ 2/93 "--'~..'""-,.~ ~~"'.'J';l "-"---"~#'--"''''''' ---.......- -'., . -_. --.-.. .'. . - . .. -. '" ."""," .., ,- --, -. " ABE SKINNER, CFA .. 1 6 G CERTlFtCA TE OF CORRECTION OF 19 ~ COLLIER COUNTY TAX ROLL Sections 197,131 and 197.122, F.S. and Chapters 120.8,021 and 120-13.006. FAC. LrlREAL PROPE.RTY OTANGIBLE PERSONAL PROPERTY Number 12; Description: j'el]('rivP ;',~ t:l(! \,jr)('v'1r(>~ l' 1,: r. !. -!. rj ') Date 4 F\ I ,.., 7 Assessed To: ,Ai1thonj r II Glr,:"lL:'I!'l~O~ 62A0 ~elleriv~ ~V~ '~05 :":~~'l~nt PL 23<)')9 Should Be Assessed To: ~;)r:l(' Correct Description: :;~"1(, THE INITIAL ASSESSED VALUATION WAS: Assessed Value 1 2 ~ '))" . THl: CORRECT ASSESSED VALUATION IS: 12!~'15G. Assessed Value Classified Use Value Exelllt>t Value Taxable Value Classified Use Value Exempt Value Taxable Value -(1- 25900. 12!.~'5~,. S'195n. THE CORRECT TAX TO BE EXTENDED IS: Inr4.1/. THE INITIAL TAX EXTENDED WAS: i. )':'7. H -.--.---------- 1 (Ctleck Box 11 :-.pplicab!e) L.J A maieri31 mistake of lact rela:lng 10 an essential condition of Ihe property is being correded wrthin sixty (60) days 01 cerlifi. cation of the Tax f1011 which occurrecl en 19 _-' pursuant to S.197,122 (3) (a) FA Reason For Correc1ion: '~r '. ~'rf' !.i1"1~,,)~1 ~10"'~(~ to lln0thr:>r lac.'ltion on >;r.'VC:"1lHH.' 1095. ?C:~"'IC'VP 1 <!C.' ,.) ~".J~,c":'t'.:"rld ~^p;l!)tion.. Folio Number H__ _ ____;,:l (!..~~?_rii::!l) .- Page _~,\}~)___ _____Line ___~~1------ Area_-.-l.l~l_-.------ Land Use ~~---- ABE SKINNER. PROPERTY APPRAISER 8y- De~y Snlly Garrett BOARD OF COUNTY COMMISSIONERS #~ ::/,/ / / .:5/~ +" ~ ~ ~I / Chairman Date I , , ; I ... ' ' I I " , . ( /, / ._~__ ____ _______ ____ ___________-L- Received By Tax Collector Date Rev. 2/93 -----'----""----- .'. .. . . " t .. ~. c..' _ ,'-- 'f I' " : .:~> ":; ~ .:., ,. ; ."~:.-. ,..'\ '. 'c, ., 'j;: /,,' ~ , ~'.,:' , :...... ..~..: ~ I", : ,~';' ~ ~. ;1; , ~' . ...,.,. . "I'- j~' :~t: ......,. 'Ci: '; :. i "-: ., .....'f.. ,'" :#.!j ~. ~...:; ~ I'; '. .~; :t ~.:t.' : 'II,,": :~, ','-M .;:t; .~'~~ ~ j.~t: i?-..:' "" ,... . ...,-:-"; .~~ ~- t -..... ~ ,,'<4", ..; ~, ,- .. }......' .:~':./ i< ," '..~~.;1 '-:: I' '-,1: A , ~.. ''',t. #.',. ','" ;-1..1 :~-!. .' ~ t :~';: , ,. .1-.~ ,. " ~,< ,. '- '.'; ~- :\::~;,:,~ '..::< -"'Tf~4I --.",...____~.1. __~_ka-.-"_ .' -., , . (I 16G 1 ABE SKINNER, CFA CERTIFICATE OF CORRECTION OF 19 2L COLLIER COUNTY TAX ROLL Sections 197,131 and 197.122, F.S. and Chapters 120-8,021 and 120-13.006, F.A,C. ~REAL PROPERTY OTANGIBLE PERSONAL PROPERTY Description: (~l "Irlp'!; Cr, I\~'t~ lill Ill...' r.O'lrjo J'rt 7.4()3 127 Number Date 4/P./~7 Assessed To: .~ l('x;,nr'cr Feldhl\l'" Tr 2:: ') t1~rl\cry Lanp. :;I\pl~s, FL 33962 Should Be Assessed To, Alf?'.,1nder f~lr':d \l~ Tr c!r-. Stl'phf:P r; t. 'qcl,nl'l L Feldblllll1 ITF 4331 Av~10~ ~~t~~ Trur.hul1, r:T ((,(111 Correct Description: ~fl"~I~ THE INITIAL ASSESSED VALUATION WAS: 65575. THE CORRECT ASSESSED VALUATION IS: Assessed Value (; 5575 . Classified Use Value Assessed Value ------. Classified Use Value Exempl Value Taxable Value -0- ZSODO. /~C5 75. Exe""tValue Taxable Value 1)5575. THE INITIAL TAX EXTENDED WAS: THE CORRECT TAX TO BE EXTENDED IS: 103R.37 64'2.L.'} (Check Box !f Applicable) '-_J A maler:al mistake of fact relaling to an essential condition of the property is being corrected within sixty (60) days of certifi- calion of tile Tax Roll whOCtl occurred on 19 _' pursuant to S,197.122 (3) (al FA Rp.asQn For Ccrrection: Alex" .der r~]dhlll"'l r.cccoFlsed JnnllRry lrjr,S per u'lp.phonc enll fron son. p. h r.' ("> v (> I, 0 !-, t~ S t ~ .J (J (':r..~ ~I;'"l t j () 11 f (I r 1 G '16 . FOlio Nurnb€r _ _.! ~!~~~_~~~~1~~~~__ _______ Page ___~~2.? ~__________. Line _~!:-_ ----- !,BE SKINNER. PROPERTY APPRAISER By Deputy Sn 11 y r: (l c re tt Area - , I :, (j f. Land Use , :' / / ; ,I I ./ _ "/ t' __-----------1-!--'----- Received By Tax Co~ctor Date 80AA0;Z9~ ~""SS ONEAS By / Chairman Rev, 2/93 '~'.'1 -~,:. ..~.::~~.;,......~.... "'I' ..1"." . . '. ,;'~'#.':: :':' -.t,) . _",I' .',> ~.:~. . ... " ~ <"'. ";~::~<: I' 0, ..' ~.::."~~~' ",/' '. , ," ..y..\ ~ ';~.:2r 'i~, f~::';_;.~ ~ . ':, '.; ~.. .,'::YI,>'::: ~. ~ 1 \ '".",..: , ., } .:',.",'Jo.', " f ..f , '" '.. .', . .' , .'. -..... ," ''Jr' 4l1ili '!if' . T . ----..~ --....----- ":.,,,.-...1 .... .....'...... - ,. . ~E~~I~A TE' ~F !ER~~~~ ~~~~~~:/, C~LlIE!OUNTY T AX ROL~ 6 G Sections 197.131 and 197.122, F.S, and Chapters 120-8,021 and 120-13,006, FAC. W REAL PROPERTY Or ANGIBLE PERSONAL PROPERTY Number 121 Oescription:For~c.t L~I<~!: I Condo Apt 6:", O~e ~/lO/a7 Assessed To Cay~n0.~ Te, Virp,iniA 101.5 FOrf_!1t Lakes [Ie ::.'\plp.H, for. 33042 Should Be Assessed To: ('.ny,,\j1f?~1 Tc, ViC"inifl ;33] ~~ick~11 Ave .1611 1Ii~",it fL 33121 Correct Description: ~"I~ C THE INITIAL ASSESSED VALUATION WAS: 65675. THE CORRECT ASSESSED VALUATION IS: 6 5 () 7 5 . Assessed Value Assessed Val\Je Classified Use Value Exefll>t Value Taxable Value 65675. Classified Use Value Exempt Value Taxable Va:ue -C"- 2 5 O()O . 40675. THE CORRECT TAX TO BE EXTENDED IS: <j73.~5 THE INITIAL TAX EXTENDED WAS: 603.02 1 (Check Sol( If Applicable) o A maleri;;.1 mislClI-',e of fact (elating to an essential condition of the property is being corrected within sixty (60) days of certifi- cation of the Tax Roil which occurred on 19 __' pursuanlto S.197,122 (3) (a) FA R(;3S0nForCorrec:icn ,'ob'?rt (;nr~n~'l, ':o-Tnlst~~ of Far1ily Trunt -,lith Viqdnia Goy"nc~, ~~;,\5 ::O!~c:.-,tC()~ f'''u~~1rr.i0n f'\7~ I1nother :H~()pe!'tv ir: r,ollt!'e CO\.1nty. BOARD ~OUNTY COMMISSIONERS By__ ,~/ ~ ..,j?L'f2 Chairman Dale / t:I:-:,,~(':V~ 1 ~~l~h ~)()r~f"'~ t~[1;.l. t~x~r'l~r ion. 32."7 3i~,0{).\f}C)l, Folio Number ___________ --------------- rage _____1 (, ~?:_____ Line ___'~---- A :2 Id' :1 4 rea Land Use ABE SKINNER, PROPERTY APPRAISER By Deputy ~ n 11 y (". C\ r {",.. t t ------- ~---------------'---- .I . ...... I ------ --------- ~---_._--- ---- Received By Tax Cp:lector Date Rev _ 2/93 ,_",,._""1""'._-."""-_"'''''''''''''_._'''_''''''' - " 16G ABE SKINNER, CFA CERTIFICATE OF CORRECTION OF 19 ~ COLLIER COUNTY TAX ROLL S~tions 197,131 and 197,122. F,S, and Chapters 120-8,021 and 120.13,006. FAC, .-----..----.-- [!]REAL PROPERTY OTANGI8LE PERSONAL PROPERTY Description: )6-~O-l4 Sill/4 01 Sll/ll OV "t1/4 + S&\/~ OF 5~\1" or ~E\I. 20 AC OR 991 ~ '3" Nurrber 129 Date 4-11-97 Assessed To: I Cl.U &-r AL, URI D 1061 liUT 33 PL PiIAf.KAH, n 3)012 Should Be Assessed To: u~tT~D S!^r~i OJ kH~RICA Correct Description: SAXl ...5 AWYF.. THE CORRECT ASSESSED VALUATION IS: Assessed Value $10,000.00 THE INITIAL ASSESSED VP-,LUATION WAS: Assessed Value ~ 10,000.00 C!assilied Use Value 0 Classi1ied Use Value Exe~t Value Taxable Value o $10,000.00 o o $10,000.00 Exempt Val'Je Taxable Value THE CORRECT TAX TO BE EXTENDED IS: o THE INITIAL TAX EXTENDED WAS: ,1(1).97 1 (Check Box II Applicable) o A material mistake of lact relating to an essential condition of the property is being corrected within sixty (60) days of certili. cation 01 the Tax Roll which occurred on 19 _' pursuant 10 S.197.122 (3) (a) FA I . //1 " ABE SKI~ttER, PROPERTY APPRAISER I if I. .J By I / . '.(/1. " ' ~ . '~ DePuty ~lOiA!.L-r; .oUSO!l BOARD OF COUNTY COMMISSIONERS BY_~~v?~- :;/'/71 Chairman Dale Reason For Correction: DEW ~.lS5E.n. OR 2138 PG 1'49-113.3 rolio Number __ _OD 7 ~~~~OO~~_ 2F.B 6 Line Page _ ~AS 1IO\i 9'1 n 15 Land Use Area I ,;' i' , Received By Tax Collector Date Rev, 2/93 - ._--"'--- -_......_-~.~- :_'~~:J ,'~.:. :',~.":', ,:.- ' ." :','.< -i"','~' .....-'.::....:f~t.,;<..,~:..:r;.;-:..;:...:::::>.. .,:"'; ..:'l:....:~,.,~...f,:....::. . \ . ,,,,- ~::l... "/,~. '. ". .',' (", , ." ... ,.J."" ,. ".d....... ,.,,', d.,'" " '., ..,1,' . . '. ..' .,..... . ',. ..,. \ ',' ., " " . . ' 16G 1 ABE SKINNER, CFA CERTIFICATE OF CORRECTION OF 1916- COLLIER COUNTY TAX ROLL Sections 197.131 and 197.122, F.S. and Chapters 12D-8,021 and 120.13,006, FAC. fiJREAL PROPERTY OTANGIBLE PERSONAL PROPERTY Description: 26-41-27 '.tc.l 63 Assessed To: l..f f 1.a r laral 17510 DJrrls C kolrl:l by 1Ia.pla., 1'1. 33964 Should Be Assessed To: c.~t1a , .rendA Bloc~r It 0 lox 970 '. l~kalee, Yl. 33934 Correct Description: r.... THE INITIAL />,SSESSED VALUATION WAS: . 1'.'70 .Assessed Value Classified Use Value Exempl Value Taxable Value . 13. '20 THE INITIAL TAX EXTENDED WAS: . 215.01 Number no Date ~r11 15. 1997 THE CORRECT ASSESSED VALUATION IS: Assessed Value Classified Use Value Exe~t Value Taxable Vaiua . ".'"'0 , 13,620 THE CORRECT TAX TO BE EXTENDED IS: , 21.5.01 (Check E30x If Appiicable) o A malerial mistake of fact relating to an essen1ial condition of the property is being cor.ected within six1y (60) days of eertili- calivn oJ the Tax Roll which occurred Oil 19 __' pursuant to S,197.122 (3) (a) FA Reason For Corr%tion: '?ranafer of O'Vner1lblp .-as 1d...d 1"6 T.R.. Folio t~umber OOl102!OO08 Page ______ 2&0 __' Line._ O~___ Area _______ 17 Land Use ..,9 , i ~__'-.:..-:____-:..._----_~,----,~-L 1./ ' " Received By Tux Collp.ctor Date Rev. 2/93 ASE SKINNER. PROPERTY APPRAISER By .', Deputy Lucl J Siciliano BOARD OF COUNTY COMMISSIONERS By -;#~ / ~.:;i?/;7 Chairman .I Date ! ABE SKINNER, CFA CERT1FICATE OF CORRECTION OF 19 ~ COLLIER COUNTY TAX ROLL Sections 197,131 and 197,122. F.S. and Chapters 120-8,021 and 120-13,006. FAC, ~REAL PMOPERTY DTANGIBLE PERSONAL PROPERTY 8 e 16G 1 Descriptv)n: ~"'RCO JCS UNIT 2~ Oil n6~ PC 1940 lElLA! BL~ 786 LOT 18 Nurrt>er 131 Date 4-24-97 Assessed To: :UT'L CUDIT UIIIOI ADM. laD. 4&01 111CtVOOO na! lD 'SI00 AUS11R, Yl 7375.-8490 Should 8e Assessed To: O'CO~L. JAHiS .. IUOlll.T 40 I QUAIL O!.tVl ~~~O ISLAXD. 1L 33937 Correct Description: SAM! #.S AJ()VI:. o T'nE CORRECT ASSESSED VALUATION IS: Assessed Value $116,131.00 o $116,\31.00 o Classified Use Value THE INITIAL ASSESSED VALUATION WAS: Asses~ed Va~Je $ 116 . I:} 1 .00 Cla~sified Use Value Exempt Value Taxable Value o ------- $116,\3\'00 Exe~t Value Taxable Value ------- THE INITIAL TAX EXTENDED WAS: SI.742.~2 THE CORRECT TAX TO BE EXTENDED IS: o (CllCc.k [3ox If fi.pplicable) [J A material mistake cllac1 relating to an essential ccnditbn of the property is being.correded within sixty (60) days of certifi- calio~ of lhe Tax Roll which occ:urwd on 19 __, pursuant 10 5.197.122 (3) (a) FA Rea~nForCorreclion: SHOULD HAVK r.lE14 U&Xr!. .\S nOPKin \lAS IT.tMP1 AS JA..~All1 I.t, 1996. /' ---..-- ------ j - ( A8E ,SfC)fjNf.R, PROPERTY AP~HA1SER :' // ,..' J. By 1-1-:-.-:........::........:::: '-.. . ' .' ';.' Oe~y KICRAiL C. OtASON :~.ARD#~ C~~/IONE~ 0] Z~ ~- :/17 Chairman Date Folio Number __ ~S_02~~OOC06 f'a e 23552 line 6 9 _________ - "l~ 82 ,\rea __------- Land Ilse Received By Tax ColleC!Or Date Rev, 2/93 .".... .__....."-......-- . . lbG 1 ABE SKINNER, CFA CERTIFICATE OF CORRECTION OF 19 96 COLLIER COUNTY TAX ROLL - Sections 197,131 and 197.122, F,S. and Chapters 120-8,021 and 120-13.006, FAC. ------------ ~REAL PROPERTY DTANGIBLE PERSONAL PROPERTY Description: I ~ 50 2i~ !ill \ /4 Of flll 2. Of SW 1/4 01 Kll/'- ~ I.C OR. \a77 PO ~ ~ ~ Number 132 Date 4 - 30-97 Assessed To: ~UTTo:t, '.DUlL!. i crrrU . WAl.Uit 13680 Wi 19th J.VI JAY I-A, Should 8e A~ses5ed Te: orA LOCXA, TL 33054-4218 SlUr. Of' rLOlIUA Correct Description: tW<t 1.3 U07~. THE INITIAL ASSESSED VALUATION Wf.,S: Assessed Value $ 5,000.00 THE CORRECT ASSESSED VALUATION IS: Assessed Value $S,OOO.oo Classified Use VakJe 0 ~", Classified Use Value Exe~tValue Taxable Value o o Exe~t Value Taxable Value '~.OOO.oo o $S,OOO.oo TI-IE CORRECT TAX TO BE EXTENDED IS: o THE INITIAL TAX EXTENDED WAS: $71L 96 (Check Box 11 Applicable) o A material mIstake of fact relating to an essential condil:on of Ihe property is being corrected within sixty (60) days of certifi- callon of It>e Tay. Roll whch occ.:ufied on _____- _ 19 _, pursuant to 5,197,122 (3) (a) FA ReawnForCorrection: Df-En KIS3g0. OR 21~\ PC )16-317 FOlio Numc.er (;04 ~~~~OO~~____ PCl e 1828 Line 2 g - ----------- ---------- Area ~ Land Use tlO'.J 67 _---- ---- -nS 9~ ABE SKINNER, PROPERTY APPRAISER By .:...:.!-_ / ' . Deputy HICg,ul. G. DEASON ".-" . BOARD OF COUNTY COMMISSIONERS By ~~ -~f/?J Chairman Date ---. -,,",,-~ Date Received By Tax Collector Rev, 2/93 .,~..' _,__.at . . 16G l' ABE SKINNER, CFA CERTIFICATE OF CORRECTION OF 19 96 COLLIER COUNTY TAX ROLL Sections 197,131 and 197,122. F.S. and Chapters 12D.8,021 and 120-13,006. FAC, \!J REAL PROPERTY OT ANGIBLE PERSONAL PROPERTY Description: 16 50 28 S'J,\/4 0' tl/2 0' SW1/4 01 lIg1/4 OR 1877 }>(; 518 ASSl3sscd To: IUTTO!'. I.UUUL & 0Tl'J. )I VAl.YJtl 13680 J(W 19th An BAY I. Should Be M,sessed To: 5 AC Nurrt>er \33 Date "-)()-97 OrA LOCO r n. 330-S4-42 I a s'U.n OF f1..OItD'\ Correct Description: ilJl.l AS "IOVK. THE INITIAL ASSESSED VALUATION WAS: Assessed Value --.!~9CO'O~__- Classified Use Value 0 Exempt Value Tay-able Value o ~3 .000. C/O THE INITIAL TAX EXTENDED WAS: &78.~6 THE CORRECT ASSESSEO VALUATION IS: Assessed Value $5,000.00 o $5,000.00 o Classified Use Value f::xerfl)t Value Taxable Value THE CORREC; TAX TO BE EXTENDED IS: o (Check Box If Applicable) o A material mistake 01 L?ct relating 10 an essential co<ldilion of Ihe property is being corrected within sixty (GO} days of certifi. cation 01 the Tax Roll which occu~red on 19 _' pursuant to S,1'37,122 (3) (a) FA Reason ForCorrl3ction: DUO ~{1SSK.o. 01 21~" PC )16-317 Folio Number __~~~~!2~OO09 ____ Page__ 1328 ____Lin<3---3------ Area 9 Land Use !IO'W 81 ---------- '-Vo--n--- , ,... .' ....-~---- . --- ------------ -~- --'---- Date Received By Tax Colleclor Rev, 2193 ;,. ___._r'" "'rv."~-----'-~'- r ABE SKINNER. PROPERTY APPRAISER By./ -----. Deputy MICHAEl. C. OlASOM BOARO..Q.S.,fOU. NTY COMMISSIONERS //d'''~~ ~,/ L' - - _/ By ~/d~~T/~/11 Chairman Date ' .........___.....~,.. ~,..,.___ "" ....4.___.'''''' _~r".. _l _,_....'~"'ll".If.........'~~....~"""".."IQ, , . -- -- 16G 1 Description~ , ABE SKINNER, CFA CERTIFICATE OF CORRECTION OF 19 ~ COLLIER COUNTY TAX ROLL Sections 197,131 and 197,122, F,S, and Chapters 12D-8,021 and 120-13,006, F.A,C. ---.--------------- [!]REAL PROPERTY DTANGIBLE PERSONAL PROPERTY 16 ~() 2& N\l1/4 01. !1/4 OF SVl/Gor R!1/4 ~ AC Numb~H Oi. IM7 pQ 518 134 Date 4-30-97 Assessed To: !UnON. IWSstl.L i CYniA ~ \i..u.UI. \)660 ~" 19th An UT 1. OPA t..A)Ct.A., FL nO~4-421a Should Be Assessed To: nJ.11. Of 11..Oi.lDA Correct Description: SAM! AS AJon. THE INITIAL ASSESSED VAlU,A,TION WAS: Assessed Va~Je $5,000.00 THE CORRECT ASSESSED VALUATION IS: Assessed Value $5,000.00 o Classified Use Value Classified Use Value Exempt Value Taxable Value o o ExemptVahJe Taxable Value $5.000.00 o ------ $5,000,00 THE CORRECT TAX TO BE EXTENDED IS: o THE INITIAL TAX EXTENDED WAS: $78.96 (Check Box I: Applicable) o A material mistalor,e 01 :act relating to an essential condition of the property i!l being corrected within sixty (60) days of certifi- cation of tM Tax Ro!1 wh:ch occurred or: 19 _' pursuant to S,197.122 (3) (a) FA Reason For Correction: OEtL> lollSS,;f). OR LI}4 ?G 31!l-)17 Received By Tax Coilector 8ate ABE SI;< ..NERo PROPERTY APPRAISER I . , By ;' I ' Deputy )(ICH.Al1. C. DIASON BOARD OF COUNTY COMMISSIONERS --f BYCh:'~/ ~- Folio Number ____~~-~_~~~Od _" 1620 Area 9 t, Line ____ Land Use N<T1l 87 -~ ,~ Page ----- .-......- s,/t/jj, , , / Date . . '.4_ I ~--_..._-_._--- -..-------- Rev, 2193 ,- ABE SKINNER, CFA CERTlFICA TE OF CORRECTION OF 19 ..2.L COLLIER COUNTY TAX ROLL Sections 197.131 and 197.122, F.S. and Chapters 120-6,021 and 120-13.006. FAC. OREAL PROPERTY ~TANGIBLE PERSONAL PROPERTY . . loG 1 I Number 1996 - 10 Description: D~e APRIL Ilt 1997 LElseu RESTAORlNT EQUIP Assessed To: MARINARO. JOe (RESTAURANT) Should &! Assessed To: SAME Correct Descri;:Jtion: SU~E Class~l.~Lj.1:TYjlue Exempt Value Taxable Value 30.265 151. 324 THE CORRECT ASSESSED VALUATION IS: AssesseQ Value 21,059 Classilied Use Value PEI-JALTY ExemptVa~e 51265 Taxable Value 26,324 THE CORRECT TAX TO BE EXTENDED IS: 391. 78 THE IN:TIAL ASSESSED VALUATION VIAS: Assessed Value _____li~~ THE INITIAL TAX EXTENDED WAS: 2,252.19 (CheCk Box If Applicable) [J A material mistake or fCiCi relating to an essential condition of the property is being correC1ed within sixty (60) days ot certifi- cation 01 the Tax Roil which occurr'Jd on 19 _ ' pursuant 10 S.197,i 22 (3) (a) FA R9ason For Conec1ion: ARB V.H.Uf. jU.u BEEU PL.ACED ON EQUIP~El~T THAT BAD BeEN REMOVED PRIOR TO THE ASSESSMEN~ DATE. Received By Tax Collector Date A8E SKiNNER, PROPERTY APPRAISER By - Deputy G,Ut. J MEINCKE. CrE: BOARD OF COUNTY COMMISSIONERS BY_~~~~ :;'/0/71 Chairman Dale " 85C00129618 Folio Number ______n__---u------------------- Page ___-~-~~------- Line --Y--------- Area __3_!-.._-_ land U$e__-- I. .--.---- ------------- ,.' - .. . ' ~~. , . " ., '.. .' '. .. ~.'~; , . ~ ....; : ,'. .' "to. . ~. " 'I: .4': . ~!. --. ~ ; ~ l.P ... ~'.'. .'~- .>'" ...... j", .~.;f. ; ',~~. ....-.P" I,. ~. - .-" >-~\:: " . . ~, .'. ..r ';.. : " .:.~~. . ~ "'... -. .;. I .,,'~ I ,I, t,,' '., .... ..ft .';.....~~ ... '" ' J:~:~~. . ''"' (; ,( n~i :;~) '-:/~ .J'" :..."':.t. ~!.t . ~ '.. ~ I 4/~}. ~:~ ~ .::;~~ ~;::} ~:"~'~ , ~..oo; ,.:~j:~ ;:.~~i )':-'j . ,.." ''':t..,:,' ,,:""p '"1 .. ,.,..... :....;'..-. '~~:.. 'x;;; - ., ..;.' ',', - {:'~~l /;r~~, ...".~ ,,?~'~"7 " ~~;:'~: ;';',''1: ....:-.''' ;i.~ .... ~ j:',!. ',:~,. '~{ . '".A.,i ",' ":"," , ',~' .' ~.' ., , '.{;> :-.',.. ,.,. - ~7-- r --~fP-61H"71 ~ -.... j--"T" --. ....~ " ~ ._ ~J.~ ~ ".. ,.. 1 . ABE SKINNER, CFA .. 1 b G 1 CERTIFICATE OF CORRECTION OF 1~ COLLIER COUNTY TAX ROLL Sections 197,131 and 197.122, F,S. and Chapters 120.8,021 and 120-13.006. FAC, OREAL PROPERTY []TANGIBLE PERSONAL PROPERTY Description: rr.F, EQUIP., TOOLS, SUPPLIES' Nurrt>er 1996-72 D~e ~PRIL 30. 1997 Assessed To: 70RT CONSTRUCTION, DONALD Should Be Assessed To: SAME Correct Description: S"ME THE INITIAL ASSESSED VALUATION WAS: THE CORRECT ASSESSED VALUATION IS: Assessed Value -0- Classified Use Value ~~~~e -0- Taxable Value -0- THE CORRECT TAX TO BE EXTENDED IS: -0- Assessed Value 1931 Clilssified Use Value PEN1.LTY x~X'J(lLJe 483 --------- 2414 Taxable Value THE tr-JITIAL TAX EXTENDED WAS: 35.95 (Check Box 11 Applicable) o A material mist:ti-.e 01 fact relating to an essential conrli1ion of the property iz being correded wi1hin sixty (60) days of certifi. cation of thE Tax Roll which occurred on _ 19 _' pursuant 10 5.197,122 (3) (a) FA Reason For Correction: BUSINESS CLOSED IN DECEMBER 15, 1995 FOlio Num~r __~_000263419 rage ____________. Line _______ Area ~.J.__ _______ l.and Use ABE SKINNER. PROPERTY APPRAISEFI By .' Deputy DONALD G. ~A~NES BOARD OF COUNTY COMMISSIONERS ReceIved By Tax Collector Date ~ By ..-?'./ Chairman t?(' ~ :;-/t I;~ ~~ Rev, 2/93 ," <'f.~'::.,:'.-: <...~~,,:.;, ,'< :.'~ "~:- ';::.,~,>::':..:':~ yt, ':', I,~ '.'~':,\.". ", -: .. - '1 '. >1::;:;,; ~:::~:}' '~. .. . ';-..:' .\: ,~.. . to ~ '. . ., / ~;:~~;~~;Y;" ;~~ ~:,- '~;.f.~i:<~.-':;;r~;;:," \.~. : ,. '..~'';'r . r .,~, .~ ttt 2119825 OR: 2311 PG: 1531 t*t UCOlDlD 11 omeIlJ. IICOlDS of COI.LIIl comt t n 05mtn at 11:i5P1 KlIiI! I. 11OCI, cuu lIC fll ,," COPl1S 1," SATISY1~ION OF LIEN FOR SBRVICES OF TUE PUBLIC DBFENDBR leh' c.u1~U I I I I I I I , FOR CLERK'S USE ONLY 1 6G 2 Ol~321110 CAsHltRJHIJ If KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: LEONA ROBERTS (6-12-64) 94-1975~CFA for services of the Public Defender, bearing the date of the 28th day of July, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND OO/lOO***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2092, page 1805. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier COUI\ty, Florida, hereby directs that this Satisfaction of Lien be executed in its narr.e by its. Chairman. Executed this d day of ;?~ ' 1997. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~~~~- Chairman ATTEST: f/ Approved as to form legal sufficiency A~~tCCou[}~orne: PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~r. ~1," . ""f.,.' \~, ~ ' .' . .. . ~...: r.. . . . .~' #~ ,. '. - :J .'~ .~ t~'~ ~~.~,; ~ ',. ';) ~ ;'J"; , . :,~, ~--...... ,.' i :' f~. 010-321110 CASHIE.'UNQ l' :, ,;.n ~.-~ ~" l' t '. ..~~~; t' .. ..:: :: ~:+~~;~ :'~::l ..' .. ~ . .~ '. ~., . " ~ ,... .:.; :~: , ;':' ,,~. . ..- .'~):~' , :.. ;V' '; t. I',. . "" ,. ; ~;' ":1 ~ ,": '" ~ ; ,.1 . J, I ~~ 'fL, <..~ ,.~r.: ~;.(~". ....... , ; 1; . "f ::'.: .~ ",'"tl ..... I ~,;.:' ~~:..\: .,.... 'I,~ : ~.;~j ~ .1 ,')-~ r~; " 1,\ . .).',. ;.;'r" ".,{, . ;.'. .... . ~ ;""J: ~ ',";:, -:;.~ -:""X ....',.J ..:... . '.:/." , .. ..;-~ ,"1' ,..... ," '-:rl, ,,;~ ..... "."'. . :'~ ;~ .' ........---- ttt 2179826 OR: 2311 PG: 1532 *tt UCOBID 111 Onmu, UCOUI of COLun aun, n 05'IT/'T It 12:15P1 DfI;IT I. 11OCI, C1II1 uc nl COPJI' SATISFACTION OF LIEN FOR SBRVICES OF THB PUBLIC DEFENDBR lttst W1tll I I I I I I I-LOR "It 1." 1 6G 2 CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: LEONA ROBERTS AKA JELLY BEAN ROBERTS (6-12-64) CASE NUMBER: 95-4614-:-MMA for services of the Public Defender, bearing the date of the 11th day of August, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND OO/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2091, page 781. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Floridat hereby directs that this Satisfaction of Lien be executed in i t5 name by its. Chairman. Executed this G day of , 1997. 77 COMMISSIONERS COUNTY, FLORIDA ATTEST: . / ~/,/. ~- :--/ C/ , _"'c"_,,~.," /~" . ~; of Circult our BY: Hancock Approved as to form leg~l'sufficiency Ask~ ~~r~ PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ',-.;t }.~~ ;:~:;f;',j.~;'!. >~; :~(: -:' ;/:: '~.::\;~ t,;,,~;., l :,,\\';,",l',"~n~;/.. ;')', :);/:'/ :- .- ;.~. - I:~: \ '}."' ~r ~.: '~. ~~."~ ':,:,:- ~..~ ~ ".{: ., ~.-:;:~'. !:"~' .... ;., (, ;,. . ," ~. f '. 1". .,....." .'/" -.". ~.. ' , ;.',:.'" ) \, '; ~'" -' ';~: ~ '"" , -. ...--. ttt 2179827 OR: 2311 PG: 1533 ttt DCOIDU 11 omClAJ. DCODI of coJ.un cowm, n. .S!tT!'T It 12:15rt DI1;rf I. 'IOCIt C\III uc m "" caPIl1 1." SATISFACTION OF LIEN FOR SRR~CES OF THE PUBLIC DEFENDER letll:1 Wg;1 I I I I I I I FOR CLERK'S USE ONLY 1 6G 2 , . .~ f~ '.; ~ :~.: i':~ 010.321110 tMHllRW4Q ~ KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: '. ~-~. ~~ /..J,. ; ,," ,. ~ .' ,..... '~, ., .,: :~. ,.. ~ ,; :.{!' ;:~~ ;~:.;~ ;.'~~" '.~ I, . -(, :1:, '.\,.: '...... .-. 'lI,,~ . .::~; ';ri ;: .~.' '.'. l.~ ... . .~-. '.' ~~.; ';~?; -;" ;.. , '.' ..",.1 ,';'1' "--:: ..,~ " " .:r~:~; ,-v '-~ , .;" . ..' " .'" .. Of;: '. ~:::'. ,..' ,); '?\' ;'-...r.:: :;~;, .. .... ~ :.~. .',' 't"" .~\(. ,; f._ ;.... . I.-\,; ~.' , . , , :4' ~ I , , , ' ...... ~ - Lj ...... .'r, ~\ ~ :::; . " I....,: "'J .' -~!. . ,. .. "., '0" ~ ~., ~ ''! ~. . '; .. .-;,~, ~ I' ~ ,I," CASE NUHBER: DONALD EDWARD PALMER (7-17-61) 95-21B6...CFA for services of the Public Defender, bearing the date of the 12th day of March, 1996, recorded in office of the Clerk of the Circuit Court of Collier CountYt Florida, securing the principal sum of ****r~ENTY FIVE AND OO/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2167, page 342. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florid~ hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this 6 day of '-/7;0.-;::: ~- , 1997. ~ BOARD OF COUNTY COI~ISSIONERS COLLIER COUNTY, FLORIDA B?::t~~ Chairman ATTEST: . L/' ~f#t~ / 4 /7! /J , / . _ . ~-L~<j;4 tyr~u ~. ~er of Clrcu. Coi:frt . . Approved as to form legal sufficiency ~~(. ~~ ASs1stant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P,O. BOX 413044 NAPLES, FLORIDA 34101-3044 '.. : ~;: ! 4~~' "'~' ~':~ ~.,;.t '. ~;', . ~.~ ,;\,:, ,..<.: ;. , ~ .. ,'.'/ -J. .; .~ j' t .... ,,, ,~'" . ; " ~,1;: ,. ";' . " ...----~---'- ~ ""..--'-- t*t 2179828 OR: 2311 PG: 1534 ttt UCOl>>n 11 OUICW. ncm. of COLLIIl coum t rL 15/07/'7 It 12:15" DfIGIT I. IlOCIt C~II UCPJI COP II S SATISFACTION OF LIEU FOR SERVICES OF THE PUBLIC DEFENDER leul Wit.. I I I I I I I ',II 1.01 1 6G - 2 010-321110 c,wtanQ FOR CLERK'S USE ONLY i KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: MICHAEL KING SMITH (3-13-66) 96-2334-rCFA for services of the Public Defender, bearing the date of the 18th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100.*******~**DOLLARS, under Final Judgement and Order recorded in Official Record book 2301, page 3078. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. ' IH WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in'its name by its. Chairman. Executed this ct I ,~~/~,/ ,1997. ~BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~ '~~- day of ATTEST: \ , L----) ~",~;:7 ,-, '~, ('/) ~ . ~4;~ ~ Of .- Ie . of c11cu.f~?~~rt I . ,,' Hancock BY: Approved an to form legal sufficiency ~~(, p~ Ass stant County .~ttorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 0\0-32\1.1.0 ~OW ALL MEN ']\ ~~~ BOARD OF against: *tt 2179829 OR: 2311 PG: 1535 ttt ucoon 11 OFfICIU UCOlDl of COLLIIl covm t fL '5/"/" It 12:15" DII~ I. IIOCI, Ctltl UC m 6." OOPIII 1." SATISFACTION OF LIEN FOR SBRVICES Of' THE PUBLIC DEFENDER let! ~ Mfl I I I I I I I FOR CLERK'S USE ONLY 1 6G - 2 BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through COMMISSIONERS, 18 the owner and holder of a certain lien CASE NUMBER: MARVIN LEE TILLMAN (12-9-47) 96-2330-:-CFA for services of the Public Defender, bearing the date of the 18th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY rIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2301, page 3079. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. ' IN WITNESS WHEREOf, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed ,in its name by its. Chairman. Executed this ~~ day of ATTEST: :0'7- ,1997. /. BOARD OF COUNTY COMMISSIONERS C~:?$;;; BY: Timothy L. Hancock Chairman ) L;/ L . '"..-/ ~~pc4'f.~a~21!. .'5~(^ of Crr u urt Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P,o. BOX 413044 NAPLES, FLORIDA 34101-3044 .. ttt 2179830 OR: 2311 PG: 1536 ttt UCOlDlD 11 omCIJJ. UCOID. of COLLIn covm, lL 05/0,/', It 12:1Sr. DlIGIT I. ItoCIt CLI'I DC "I '.Ot COlIl1 1,00 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DBFENDBR letl~ wlrt I I I I I I I FOR CLERK'S USE ONLY 1 6G 2 CI0-321110 CASH~ 1 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF CO~~ISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: STEVEN VENTO AKA RICHARD W BURK (12-26-51) 88-1569.,.CFA for services of the Public Defender, bearing the date of the 22nd day of March, 1989, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****SEVENTY FIVE AND OO!100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 1427, page 167. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in, its name by its. Chairman. Executed this 6 day of ~7- , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~~~~- Chairman A:I'TEST: Approved,~~ to form legal sufficiency ---;L", (, p~ Ass~stant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 .... ......-....- ---.---- ~_..... ~- _._~ M___._.------' --..-----.-.-.---......- --.------.-..-,,----. 010-321110 ~ ~ ttt 2179831 OR: 2311 PG: 1537 ttt UCOlDn 11 onm11. nCORS of COLLIII coum, n 15/01/" It 12:15" DlIGIT I. I lOCI , CLJlI ucm con II "" 1..' SA~ISFACTION OF LIEN l'Oa SERVICES OF TaB PUBLIC DEFENDER leta \ em II I I I I I I I FOR CLERK'S USE O~ 1 6G 2 KNOW ~LL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORID~, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: SONYA ELIZABETH J~CINTO (7-30-72) 96-8B23...MHA for services of the puolic Defender, bearing the date of the 20th day of December, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY ~~D OO/lOO***********DOLLARS, under final Judgement and Order recorded in Official Record book 2260, page B8l. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. ' IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its, Chairman. Executed this ~ 7~ ' 1991. / BOARD OF COUNTY COMMISSIONERS CO~~/~ BY: T1mothy L. Hancock Chairman day of ATTEST: 4~.&f/i~4<2J f. ,/ ~e of C1 c'uy CTfu-~ Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 --------- **t 2179832 OR: 2311 PG: 1538 ttt UCOftDD h OllICIll. UCOlDS of COLUIl conn, fL .5/a7/17 at 12:15P1 DfICI! I. BtoCl, CLIII lIC "I COPlII ',It Lit SATISFACTION 07 LIEN l'OR SRRVICBS 07 THB PUBLIC DBFJrnDBR 1t tI J Wlfl I I I I I I I 1 6G 2 o 1().321110 ~ l' FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: STEVE A BAKER SR CASE NUMBER: 94-935-CJA for services of the Public Defender, bearing the date of the 8th day of May, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****NINE HUNDRED THIRTY SEVEN AND 39/100***********DCLLARS, under Final Judgement and Order recorded in Official Record book 2185, page 762. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. ' IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be execute~ in its name by its, Chairman. Executed this J6 day of '7'7~/ , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By~:r~ Chairman ATTEST: Approved as to form legal sufficiency ~, -- PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Attorney Ol().32\ \10 ~ ~ ttt 2119833 OR: 2311 PG: 1539 ttt UCOiDlD 11 arnm.), UCOlDS of COLLIIl com1, f), 05/01/!1 It 12:15f. DIIGl! I. IlOCI, CLlll nc nl 5.1t CO. 111 1." SATISFACTION OF LIEN FOR SERVICES OF THR PUBLIC DEFENDER l't.I~ ClSlTI I I I I I I I FOR CLERK'S USE ONLY 1 6G 2 ~l;OW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien ogainst: REBECCA JEAN VAZQUEZ AKA REBECCA MATCHETTE (1-4-67) CASE HUMBER: 96-525-C:FA for services of the Public Defender, bearing the date of the 8th day of October, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of *___TWENTY FIVE AND OO/lOO*****..*.**OOLLARS, under Final Judgement and Order recorded in Official Record book 2239, page 709. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisf~ction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOf, The Board of County Commissioners of Collier County, Florida, hereby directs that this satisfaction of Lien be executed in its name by its. Chairman. I Executed this ~ day of ~ ' 1997. : ~ :OARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~ Chairman ATTEST: Approved as to form legal sufficiency ~~r. 81-- Ass stant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ...._....-~- ~ ___...___.. r. .... ~... _ ,......-..............-.......;;..... ~__~,_ ~ ....._._~_..-.-C'",W'IJ"~W~1IFL-,.. -.- ----...~~... , . - . . ~', '/~: -~~ ~' ,';, ,~. '-':' : :: ':.' '.: _:-~:; ;./.. - .', !;:-: ::():'~, <',; ;::.:,::~; '<,'>":,. ~~, . ': '; -.~ , ': ! ,:, . -\ . : " . ,.,' ::'. *** 2179834 OR: 2311 PG: 1540 t*t UCOlDJD 11 OrnCw. UCOIllS of COI.LIIl comt, fL '5/01/'7 It 12:15" DI1;r! I. IIOCI, tLllI DC nl COPIIS ,... l.it SATISFACTION or LIEN FOR SERVICES OF THB PUBLIC DEFENDER lata J Cln~l I I I I I I I FOR CLERK'S USE ONLY 1 6G 2 010-321110 CASHIERIt'tQ 1 KNOW ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: ROBERT NATHANIEL HENDERSON (12-15-55) 97-1816.,.HMA for services of the Public Defender, bearing the date of the 25th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ***.TWENTY FIVE AND OO!lOO**.********DOLLARS, under Final Judgement and Order recorded in Official Record book 2302, page 266. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. ' IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its. Chairman. Executed this .? ~. ,1991. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~- BY: Tim hy L. Hancock Chairman day of ~TTEST: Approved as to form legal sufficiency ~W}(/ fJ-- ASslstant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 -------- .~_.- ---- ttt 2179840 OR: 2311 PG: 1564 ttt ucoen 11 OnICIU DCOlDa of COLLtll COmT, n 13/17/'7 at 12:20rl DIIGHT I. IIOCI, CLlll UC nl COUll SATISFACTION OF LIBN FOR SBRVICBS OF THB PUBLIC DEFBNDBR II tI\ CASI II I I I I I I I "It 1... 1 6G :) 010-:\21110 CMHIf:RlHa l' FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: JOSEPH MICHAEL HEFFLEY (7-6-78) 96-10499-MMA for services of the Public Defender, bearing the date of the 7th day of January, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FrFTY AND OO/lOO***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2273, page 2355. The Board of County commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its. Chairman. E"ecuted this ,:.:. F1~/ , 1997. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~~~ Chairman day of : ATTEST: ~' '- 1{', C1rcult 06ur Approved as to form legal sufficiency ~~ (, rl As istant Cou ty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT, P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 -.... - ---- -r---.- _ ~_-""-a.....il -- -- - .-- .... ,. ..... .-... tt* 2179841 OR: 2311 PG: 1565 tit lICOlDn 11 OllICW. noos of COUIU comT, n .5/.ll'7 It 12:20fl DIIGI! I. IlOCl, tLllI ne 81 COUll ,... 1.11 SATISFACTION Of LIEN 'lOR SERVICES Of THE PUBLIC DBFEHDER leul CUI It I I I I I I I FOR CLERK'S USE ONLY 1 6G 2 OlO-J2111 0 CMH;c:R)I1G l' KNOW ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FL~RIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: JUAN VARGAS GASPAR (4-4-71) 96-710Q-diliA for services of the Public Defender, bearing the date of the 4th day of December, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND OO/100**..********DOLLARS, under Final Judgement and Order recorded in Official Record book 2263, page 1233. The Bonrd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same 85 canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien uf record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its. Chairman. Executed this b day of /~~ 7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~~~ Chairman , 1997. ATTEST: ~\t Approved as to form legal ~ufficiency ~~ r, ~~ , Ass1stant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 , ' .' : j' , ,,OJ . .:. :. -' ',.' . '. " '.' , ',' .,' tit 2179842 OR: 2311 PG: 1566 ttt lICOtlllD 1n OllIClU UCOID. of COLJ.IIl coum, n. '5/'1/'1 at 12:20" tll~ I. 11OCI, C\III ue nl corus SATISFACTION OF LIEN FOR SERVICES or THE PUBLIC DEFENDER leul C1Iltll I I I I I I I "It 1." 16G 2 FOR CLERK'S USE ONLY Ol~3211l0 o,sHl(RlftQ t KNOW ALL MEN its BOARD OF against: BY THESE PRESENTS that COLLIER COmiTY, FLORIDA, through COMMISSIONERS, is the owner and holder of a certain lien GRADY HELVESTON III (3-26-77) 96-8944~MMA CASE NUMBER: for services of the Public Defender, bearing the date of the 27th day of December, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND OO/lOO***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2268, page 904. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its. Chairman. Executed thi~ ~ day of '/~~/ ' 1997. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: 4'~~~# p~@~ 'C~erkp Clrc~[~t./ ... ., I BY~rt~ Cha rman Approved as to form le~~S:fCi:ie~ Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 f~ . ----..-.... ,', ., " '-;-'" ; '~- "( " ., l 1 J ~, . '. t. ~ :'''- , 1 . ',' z'F ;, ~::.,: " ~, ;.: -r , ,- :. ~ _,..W._ O' _~.. . ; . ',";: #..", /~t. i'!#' ~ ~ i{ ':''';1 t.~t ,'. ;1 ,~.:, '- .. " . 6=0 -...._ ~:..%; . # .. ~ . -.: '. .. ,-. ',oJ <II... ~ ~~,. ..~ ;... r --:". ~ " 'i' : .~ " ',,:,} '.,)' 1:' :~.. i.'~ "" ''':o'.~- t~l. .~.;.t .Jl','-; f:.~; .-!.~~ " y :; ,; ,."". ',,:~' : ..i.., -f.~'i' ., :.~ ;~: :' . . . . .,' .~ ;#:' :~ .!~/.. ': ..... . It' .' ' '.. '. . ~ . ',~ .:.:...... . , 1'. .?I........-~;. ...- ... tit 2179843 OR: 2311 PG: 1567 ttt ueouID 11 OlllCIll DecDI of COLLIJl conn, fL .5/.,/" It 12:2'PI DIlGlf I. 11OCI, C\l1I oem COUll '.It 1." SATISFACTION OF LIEN l'OR SERVICES OF THE PUBLIC DEFENDER IIU\ WIll I I I I I I I FOR CLERK'S USE ONLY 1 6G 2 CUQ..321 11 0 ~1iG 1\ KNOW ALL MEN its BOARD OF against: BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through COMMISSIONERS, is the owner and holder of a certain lien ALEJANDRO CASTANEDA AKA DANNY CASTANEDA (8-23-72) 97-1098-rMMA CASE NUMBER: for services of the Public Defender, bearing the date of the 18th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of *-.-FIFTY AND OO/lOO***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2300, page 1870. The Board of County Con~issioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same n~ canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name bv its. Chairman. " " . . Executed this / .t'" /'7/ , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY~:{~ Chairman day of ATTEST: ~_--;~~.f)~ ~~~of Circult ourr-- - Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 "'0",. ...~ -;) ..:.-". :'::'" ',' .<:::~..". . ~.... . .. . . ~.;'" : ......... --,---'-, ..,.."...~ ttt 2179844 OR: 2311 PG: 1568 ttt DCORD 11 OfFICIAl. DeoDI of CC~LlII conn, n 05/11/'1 It 12:20rl ~'ICIT I. 11OCI, C\JII IIC 1II ,... COfll1 1. It SATISFACTION OF LIEN FOR SERVICBS OF THE PUBLIC DEFENDER leu! ann I I I I I I I 16G 2 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: DOUGLAS RAYMOND BALIK (4-3-67) CASE NUMBER: 96-8610-rMMA for services of the Public Defender, bearing the date of the 22nd day of November, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND OO/100*********~*DOLLARS, under Final Judgement and Order recorded in Official Record book 2272, page 348. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. ' IN WITNESS WHERlOF, Tt.~ Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its. Chairman. Executed this c: day of ~ , 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~ Chairman ~ri?~-y"~~-/' e C1rc f_ r I Approved as to form legal sufficiency ~~ C', ?~ Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 _t'li,...,.__..,~",_,r'_-'~-''''''--;. 10-3Z1HO ~..IERI'MCl KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien again!Jt: ttt 2179845 OR: 2311 PG: 1569 ttt OCODU 11 onlOO ncolll. of COL'I11 conn, n IStn/1t It 12:20" tIllift I. IlOCI, CUll Dern COrIU SATISFACTION OF LIEN FOR SERVICES OF 'tHE PUDLIC DBFBHDBR llbl ClI1~Jl , , I I I I I ,... 1... 1 6G 2 FOR CLERK'S USE ONLY CASE NUMBER: JOSE MATEO MARQUEZ (8-27-47) 96-7787..MMA for services of the Public Defender, bearing the date of the 8th day of October, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of *.**TWENTY FIVE ~D OO/lOO***~**.****DOLLARS, under Final Judgement and Order recorded in Official Record book 2238, page 603. The Beard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by itn.Chairman. Executed this .tf. ~~' , 1997. /' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~~~ Chairman day of ATTEST: ~ :', .. '~-<('/--,r- .... " v- ,. ~r"~c].rcu].t-. o~ ',/ ' Approved as to form legal sufficiency ~~t, ~~ Ass stant County Attorney ~ PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ttt 2179846 OR: 2311 PG: 1570 **t DCOlDn 11 anICIl], DCODI of COUlIt comt, n. '5/'7/'7 It 12:21" DII;r! I. 11OCl, CLJIl lie fI1 ,... mn. t." SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Itu:1 Cloth I I I I I I I I FOR CLERK'S USE ONLY 1 6G 2 GJo.3211 10 fNHQil'ro f KNOW ALL MEN its BOARD OF against: BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through COMMISSIONERS, is the owner and holder of a certain lien JOHN EDWARD KRIMMEL (10-27-76) 96-1639-;CFA CASE NUMBER: for services of the Public Defender, bearing the date of the 26th day of November, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ..**ONE HUNDRED AND OO/lOO***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2258, page 521. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its ,Chairman. Executed this b day of ~. / , 1997. , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~~~ Chairman AT'X'EST: ti~1--'~~(. e of C rC~1 u Approved as to form legal sufficiency ~ PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 County Attorney A4 .W.- .._...__-..,; _.._---_....._~--'''''--- ttt 2179847 OR: 2311 PG: 1571 ttt UCODII 11 orncw. DeoDS of COLLUI covm, rL 65/67/'7 at 12:20Pl DIl~ I, I lOCI , CI.JII DC "I COrIlI SATISFACTION OP LIEN lOR SERVICES OP THE PUBLIC DEYlrnDRR leta J W1~1 I I I I I I I ".. 1. It 1 6G 2 ,! 010.321110 CAIHIffilI'IG FOR CLERK'S USE ONLY ~ KNOW ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through , its BOARD OF CO~~ISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: TERRY L DEBOARD (10-18-68) 96..44 a 3-:HHA for services of the Public Defender, bearing the date of the 15th day of August, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TI'I'ENTY FIVE MID OO/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2221, page 1728. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its,Chairman. Executed this ~ day of ATTEST: COMMISSIONERS . ~/ ~~~~ ,.ve ,/c~( of Cl.rcul.VCou~t Approved as to form legal sufficiency -d C~ ~ Asi~ County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 . NAPLES, FLORIDA 34101-3044 - . ._~. .~.. - -~..,~"._'- .. t*t 21798'8 OR: 2311 PG: 1572 tt* UCOlllD ill orucm UCODl of CO~UIl conn, n '5/01/'1 at 12:20Pl DI1;rf I. ltoCI, ClIII uc nl "" COlIJ. 1." SATISFACTION 0' LIEN FOR SERVICBS OF TBR PUBLIC DEFBNDBR llt.a~ C1J1,U I I I I I I I FOR CLERK'S USE ONLY 16G 2 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: LARRY BILLMAN AKA LARRY LEONARD BILLMAN (8-1-66) CASE NUMBER: 96-8478'7MMA for services of the Public Defender, bearing the date of the 20th day of December, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND OO/lOO***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2268, page 8a8. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed,in its name by its. Chairman. Executed ,this ~ ~/ , 1997. . ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY~~~ - Chairman day of ATTEST: 4~{i;~~~,gr'J Approved as to form leg~l'sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 <:.~ ':~:: ::} . .~~' ,.', ,': ,':' \',_.', ',':-, ,; I:: '.;~ :" ,:;'"" ; :.: I, ';..> " ,. '. ".~':',,',' ,,::-"L. ',' ,! :., ?' , '. ttt 2179849 OR: 2311 PG: 1573 ttt DecUU 11 omcw. mDl of COUtU comt, n 15/ll/tl It 12:21" JIlGl! J. 11OCI, tLlll nc nl COrIlI , ... 1." SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFBNDBR 'tttJ Wifl I 1 I I I I I 1 6G 2 FOR CLERK'S USE ONLY KNOW ~LL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF CO~~ISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: FELIPE DEJESUS BANDA AKA FELIPE RANDA (9-2-69) 97-718-HMA for services of the Public Defender, bearing the date of the 12th day of February, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ....FIFTy AND OO/100..~........DOLLARS, under Final Judgement and Order recorded in Official Record book 2286, page 519. The Board of County Commissioners of Collier County hereby acknowledges full payment nnd satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court c~nce1 this lien of record. ' IN WITNESS WHEREOt', The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its. Chairman. Executed this .0' day of /2~~~'4?// , 1997. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY~:{~ Chairman ATTEST: Approved as to form Ip.gal sufficiency ~ (, ~rA-- ASs1stant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 '.':: >.:<~: .:', ::'~:-:"';'._: ""1','" '1..:'. ,1: ~.':-~r::' , . . . .... .' 4 ., . ~ '. . r I } . \ ... . I . 1 ~. .' t i.:'.-;..:-',.. .:',/:' ..././' . _)': ~: '..' l,' 1....,... "(f ~ ttt 2119853 OR: 2311 PG: 1580 ttt ucoun 11 OfllCUJ. DCOot of COI.I.I11 coon, f1, 15/01/" at 12:2TPI IIIGIf I. JIOCI, CLII1 DC n1 ,... CClUJ 1. II SATISFACTIOR OF LIEN FOR SlUlVlCES OF TBB PUBLIC DEFBJIDBR Ita :\ cUlnr \ I \ I \ \ I FOR CLERK'S USE ONL1- 1 6G 2 OlG-3211J!t CIlSHUIaI 'f\ KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COKMISSIONERS, is the owner and holder of a certain lien against: RAMIRO FLORES (12-23-70) CASE NUl'iBER: 96-1593.,.CFA for services of the Public Defender, bearing the date of the 22nd day of November, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florid&, securing the principal sum of ****FIFTY N~D OO/lOO***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2258, page 512. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court c6ncel this lien of record. . IN WITNESS WHEREOF, The Board of County Commission~rs of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its. Chairman. Executed this c::: ~~ ,1997. BOARD OF COUNTY COMMISSIONERS COL~/~ BY: T1mothy L. Hancock Chairman day of ATTEST: . d:: ~~rF . ~1f ^02? ('. e er of C1 cu{pco rt Approved as to form l~:i;~enC~/l-__ Ass1stant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ..~ -.... -.... ...----_..~. ... --.. ".. ....-.-....................-- ... ....." ........... *** 2179854 OR: 2311 PG: 1581 t*t UCOIllID 11 O'rIeill ueolJl. of COLLIn comt, It. '5/07/'7 It 11:21r. 111GB! I. IIOCI, ctJlI uem corIl' "It 1... SATISFACTION or LIBN FOR SERVICBS or THE PUBLIC DBFENDER lata J Wlfl I I I , I I I FOR CLERK'S USE ONLY 1 6G 2 010-321110 ~ If\ KNOW ALL KEN its BOARD OF egainst: BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through COMMISSIONERS, is the owner and holder of a certain lien ~~TTHEW ERNEST JOSLIN (7-31-75) 93-685-CFA CASE nUMBER: for services of the Public Defender, bearing the date of the 15th day of August, 1993, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWO HUNDRED AND OO/lOO.**********DOLLARS, under Final Judgement and Order recorded in Official Record book 1856, page 724. The Board of County Co~~issioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The County, Florida, hereby executed in its name by Board of County Commissioners of Collier directs that this Satisfaction of Lien be its. Chairman. day of ~ , 1997. ;~ BOARD OF COUNTY COMMISSIONERS CO$~c7'~ Executed this ~ ATTEST: , , ~ . , ' /J . /~~ -" /... (- ,. . ~~Clr~t . .~ , (' Approved as to'form legal sufficiency BY: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 --4 .._ ._ ..__.. _._.. __..It ...;.~. '.. - ........_.._- ttt 2179855 OR: 2311 PG: 1582 ttt DCOD" 11 OUICI1Io DeoDI of COUIII coon, n. '5/'7/'7 It 12:21" DI1;r! I. 11OCI, C1I1I oem COUll ,... 1." SATISFACTION OF LIEN FOR SERVICES OF THB PUBLIC DBFENDBR IIU:\ WI~t \ I I I I I \ FOR CLERK'S USE ONLY 16G 2 010-321 \10 ~ A KNOW ALL MEN r JI its BOARD OF against: BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through COMMISSIONERS, is the owner and holder of a certain lien CASE NUMBER: DARIN DOUGLAS BRINKMEYER (3-9-67) 93-3437TMMA for services of the Public Defender, bearing the date of the 28th day of June, 1993, recorded in office of the Clerk of the Circuit Court of Collier Connty, Florida, securing the principal sum of .***SEVENTY FIVE AND OO/100***-*******DOLLARS, under Final Judgement and Order recorded in Official Record book 1844, page 2008. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be exeG:ut,ed.ir: its.name by its. Chairman. Executed this . c::: -7 ~ __ , 1997. BOARD OF COUNTY COMMISSIONERS CO~:?~ BY: T~mothy L. Hancock Chairman day of 'ATTEST: I . ' Approved as to form legal sufficiency . p~ PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 County Attorney ttt 2179856 OR: 2311 PG: 1583 tt* UCOIm 11 onICUL ueoDS of COLLIIl comt, n .5/171'7 at 12:27" HIl:I'r .. 100, niB oem COlliS let1t Wlflt I I I t I I I 5." 1.11 1 6G 2 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DBFENDBR FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the own'er and holder of a certain lien against: CASE NUMBER: ROLAND BORGES (6-4-78) 97-812-MMA for services of the Public Defender, bearing the date of the 26th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of .*.-TWENTY rIVE AND OO/100***.*******DOLLARS, under Final Judgement and Order recorded in Official Record book 2305, page 1037. The Board of County Commissioners of Collier County hereby acknowledges full payment and ~atisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed ~n its name by its Chairman. Executed this ~ day of ~~/ , 1997. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~1:~ Chairman ATTEST: ;.l " 1/ co~ Approved as to form legal sufficiency ~~(, r#-- Ass1stant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAFLES, FLORIDA 34101-3044 t** 2179857 OR: 2311 PG: 1584 *** UCOt1In 11 O"ICIU DalUI of COLLIn ~, n. 1S/11/" It 12:21" DllQJ't I. 11OCI, a.m mm conu lata I C1.C1~1l I I I I I I I ,... 1." . .....,.. ...~........ , . -" >.. .. .. ..-~. .., ~ .- ,.'.... SATISFACTION or LIEN lOR SERVICBS OF THE PUBLIC DBFBNDBR 16G 2 TOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF CCHMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBERs GREGORIO TOMAS (1-1-64) 97-499-M,KA for services of the Public Def.ender, bearing the date of the 26th day of Horch, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of .......TWENTY FIVE AND OO/100....;.......DOLLARS, under Final Judgement and Order recorded in Official Record book 2305, page 1036. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of 9aid lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County,. Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. ~ Executed this I~ c:;:; day of :??/"'x- ,1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~:;(~ - Chairman ATTEST: .... .~ '. '. (7 . ,~uP-< ~O,.. ~r~~ Circult~ou t .'. / Approved as ~o,form legal suffi~iency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 lG-311110 t*t 2179858 OR: 2311 PG: 1585 t*t l1COUD 11 onICIU ucou. of COLun comt I n '5/'7/'7 It 12:27" JII;If I. 11OCI, C\JII JJC m coni' I." 1." SATISFACTIOR OF LIEN YOR SERVICES OF THE PUBLIC DBFENDBR 11Ui CUlTI I I I I I I I FOR CLERK'S USE ONLY .. 16G 2 If KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owrter and holder of a certain lien against: CASE NUMBER: JOSE HOMOBONO AVILA (12-16-73) 97-928-t-tMA for services of the Public Defender, bearing the date of the 26th day of March, 1997, recorded in office of the Clerk of the Circuit court of Collier County, Florida, securing the principal sum of **.~TWENTY FIVE AND OO/100***********OOLLARS, under Final Judgement and Order recorded in Official Record book 2305, page 1034. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same os canceled, and ~ereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by it~ Chairman. Executed this ~ ~~' , 1997- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~/~ BY: T1m thy L. Hancock Chairman day of ATTEST: , ," ,/ .~~. _J . ~' (/)~ ~~-o-c rc . "Cb,urt Approved as to form legal sufficiency ~w.!c, RA- Ass15tant ounty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ..,.....-------..- ... ttt 2119859 OR: 2311 PG: 1586 ttt neoDD 11 amew. UCOUI of COUlD CUIIft, n. '5/'1/'1 It 12:21P1 DI1;1! I. 11OCI, C\IIl oem carIn SATIS7ACTIOR 07 LIBR FOR SERVICES 01' "J1IB PUBLIC DEFBlIDBR lata' CiR\n I I I I I I I FOR CLERK'S USE ONLY 16G 2 010-32111Q CASHIERJItQ I} KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: ROBERTO RODRIGUEZ VASQUEZ (7-24-75) 97-915-MMA for services of the Public Defender, bearing the date of the 26th day of March, 1997, recorded in office of "the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND OO/100***********DOLLARS, under Final Judgement and Order recorded in Official Record bOOK 2305, page 1035. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this satisfaction of Lien be execu,ted in, its name by its Chairman. -Executed this ~ day of ~/~ ,1997. BOARD OF COUNTY COMMISSIONERS CO~:?~ ATTEST: "" I ,t, BY: Timothy L. Hancock Chairman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~ County Attorney ,." 1." - ----------------...---.-- ~ _'lI'_~ ..___...... ..__ __ ,...........9_ .~ ttt 2119860 OR: 2311 PG: 1587 tit UCOllllll1 OUlCUJ. Dem. of cot.LIIl comt, fI, '5/111'1 at 12:21P1 JIl;rr I. .IOCI, ClIJI DC nl ,... COPII. 1." lata:\ CUI~l \ 16G 2 \ \ \ \ \ I FOR CLERK'S USE ONLY ~NOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: - SATISFACTION OF LIEN }"OR SERVICES OF TBB PUBLIC DEFENDER CASE NUMBER: HENRY MILLER BARRS JR (8-20-48) 9fi-948-CFA for services of the Public Defender, bearing the date of the 20th day of September, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ....SEVEHTY rIVE AND OO/lOO...*.......OOLLARS, under Final Judgement and Order recorded in Official Record book 2238, page 648. The Board of County COlnmissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. . IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. , " ~ ,1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY~~~ Chairman Executed this. , 6 day of ,ATTEST: - :.',. '~ A/~ ~,:' f2]~ -~~ of c~~ul~t . , , ,\ '..;'i !Approved. as to form legal sufficiency ~~C. ~ Ass stant Ceun 1 Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~ -- --- ..---""'------. ~ .. BOARD OF COUNCTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MAY 6.1997 FOR BOARD AC nON: 1. Certi ficate of Correction: NEED MOTION authorizing the chairman to sign Certificate of Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. 2. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defenuer for C<Jse Nos.: 96-l0499-MMA; 96-7100- MMA; 96-8944-MMA; 97-1098-MMA; 96-8610-MMA; 96-77&7-MMA; 96-1639-CFA; 96-4483-MMA; 96-8478-~.1MA; 97-7l8-MMA; 94-l975-CFA; 95-46l4-MMA; 95- 2186-CF A; 96-2334-CF A; 96-2330-CF A; 88-1569-CFA; 96-8823-MMA; 94-935-CJA; 96-525-CF A; 97-18l6-MMA; 96-1593-CFA; 93-685-CFA; 93-3437-MMA; 97-812- MMA; 97-499-MMA; 97-928-WtMA; 97-915-MMA and 96-948-CFA. 3. MlSCELLANEOUS ITEMS TO FILE FOR RECORD 'W1TH ACTION AS DIRECTED: 4, Florida Public Service Commission - Docket #950495-WS; Order #PSC-97-0374-FOF- WS; issued April 7. 1997 - Application for rate increase and increase in service charges by Southern States Utilities. Inc: for Orange-Osceola Utilities, Inc. in Osceola County. and in Bradford. Brevard, Charlotte, Citrus. Clay, Collier, Duval. Highlands. Lake, Lee, Marion. Martin, Nas~au. Orange. Osceola, Pasco, Putnam, Seminole, St. Johns, St. Lucie, Volusia. and Washington counties. 5. Homeowners Associations A, Gates Mills Homeo\',:ners Association - Notice of Annual Meeting of Members. Election of New Board of Directors and Turnover Meeting. B, Riviera Golf Estates Homeowners Association, Inc. - February 25,1997. 6. Districts: A. Lely CO,mmunity Development District - November 20, 1997. B. Port of the Islands Community Improvement District - January 16. 1997. C, Dove Point Community Development - November 9, 1994, September 25. 1996~ agenda and~OrdinanCe #96-67 changing name of Dove Poi..'1te Community Developmen District to. Hetitage Greens Comm . . . AGEN7A j.!EM No. !Jg.~. & cover letter regarding... MAY - 6 1997 Pg. I 1 I"-'-"-~"'-- - 1...........-' ~ ',w.- ___,_ -<..~~.__"",_.....~..____,~-i\lIIIII~_........Jlt..~_.-A __...___4. .. /,~3 D. Naples Heritage Community Development District - October 21, 1996 and January 13, 1997. E. Heritage Greens Community Development District - Proposed Operating Budget - Fiscal Year 1997. F. Heritage Greens Community Development District - October 24 ~November 12, December 9, December 16. December 23 and December 27, 1996. G. Lely Comrnunity Development District - General Purpose Financial Statements- September 3D, 1996; management letter & management letter comments and Local Government Annual Financial Report. H. South Florida Water Management District- February 12, March 12,April10, 1997; TIle Comprehensive Annual Financial Report & Related Management Letter for fiscal year ended September 30, 1996; list of District's scheduled Governing Board meetings; map of District showing all county boundaries within the District and Public Facilities Report Update. I. Cow Slough Water Control District - December 19, 1996, January 23, and February 27,1997. J. East Naples Fire Control & Rescue District - Public Facilities Report 1997. K, Key Marco Community Development District - General purpose Financial Statements for the ye'iJI ended September 30, 1996; Annual Local Government Firancial Report & Audit Report for the year entied September 30, 1996 and Management Letter & Management Lett~ Comments for the ended September 30, 1996. L. Golden Gate Fire Control & Rescue District - Special District Public Facilities Report with Map - March. 1997: Annval Local Government Financial Report & Audit Report for the yem: ended September 30, 1996 and Designation of Registered Agent - March, 1997. M. Immokalee Water and Sewer Di~'trict - 1995-96 Comprehensive Annual Financial Report and Audit Report; Public Facility Report as of March 1, 1997; Information regarding outstanding bonds; and Management Lener. N. Collier Mosquito Control District - Certificate of Budget Adoption; Resolution adopting the Annual Certified Budget 1996-97; Annual Audit Report for year ended September 30, 1996 (including Auditor's Management Lener with District's Response); annual Financial Report for year ended September 30, 1996; Public Facilities Report. Certificate of Tax Levy and R Levy of .1883 mills. No. HAY - 6 1997 P~. ~ .....~. ~ .~.."'- ~ ~ ._.~~flllO'JI'Y_,""'';:II'~~,.......,.4 ---~._""'..,-"'"_.-~---<,...._"~'_. /, (;,J O. Marco Island Fire Contr91 District. 1995-96 Comprehensive Annual Financial Report and Audit Report and Public Facility Report as of March 1, 1997. P. Collier Soil & Water Conservation District - General Purpose Financial Statements for year ended September 30, 1996 and Management Letter and Auditor's Report. Q. Pelican Marsh Community Development District - General Purpose Financial Statements for year ended September 30, 1996~ Management Letter and Management Letter Comments and Local Government Annual Financial Report. 7. Minutes: A. Emergency Medical Services Advisory Council - March 12. 1997 and agenda for April 2. 1997. Referred to BCC. B. Collier COWlty Planning Commission - February 20, 1997 and agenda for April 3, 1997. Referred to BCe. AGENDA l..1EM No. {(~.~. MAY - 6 1997 ~ Pg. .. ~ lbG , RE(~E\VED BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION APR 1 5 ;997 In Re: Application for rate increase and increase in service availability charges by Southern States Utilities, Inc. for orange-Osceola Utilities, Inc. in Osceola County. and in Bradford. Brevard, Charlotte, citrus. Clay. Collier. Duval, Highlands. Lake, Lee, Marion. Martin. Nassau, Orange. Osceola. Pasco. putnam. Seminole. St. Johns. St. Lucie, Volusia, and Washington Counties. 8o.r:, ' ) DOCKET NO. 950495-WS ) ORDER NO. PSC-97-0374-FOF-WS ) ISSUED: April 7, 1997 ) ) ) ) ) ) ) ) ) ) ) '\.... ~ r 5, ,I ";.o. . . '.r, ' Misc. Cones: oa~e: ?( ~ /q 7 Item# j~. c; .4. Copies To: The following Commissioners participated in the disposition of this matter: ~JLIA L. JOHNSON, Chairman SUSAN F. CLARK J. TERRY DEASON JOE GARCIA DIANE K. KIESLING ORDER ON MOTIONS FOR RECONSIDERATION BY THE COMMISSION: I}ACKGROUNQ Southern States Utilities, Inc. (SSU or utility) is a Class A utility, which provides water and wastewater service to 152 service areas in 25 counties. On June 28, 1995. SSU filed an application for approval of uniform interim and final water and wastewater rate increases for 141 service areas in 22 counties, pursuant to Sections 367.081 and 367.082. Florida Statutes, respectively. The utility also requested a uniform increase in service availability charges, approval of an allowance for funds used during construction (AFUDC) and an allowance for funds prudently invested (AFPI). While SSU has recently changed its name to Florida Water Services corporation. for the purpose of consistency, we will refer to the utility as SSU in this Order. w,~ held 24 customer service hearings throughout the state during the pendency of this rate proceeding, and a ten-day technical hearing from April 29 through May 10, 1996. We also held an additional day of hearing on May 31, 1996, to consider rate case --.-- , ;".".;....""r ..i, . 01~~'.C\' 't.. '-1'1 - .... - ~_~..._ _~_..."...._~.~IlIl"~' ~.....,~~W"r"~.Io'IJ'(1 ------------- ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 2 16G 3 expense. By Order No. PSC-96-1320-FOF-WS, issued October 30, 1996 (Final Order), we set forth our final determination as to SSU's rates and charges, and all other matters raised during the proceedings. On November 1, 1996, SSU filed a notice of appeal of the Final Order to the First District Court of Appeal (the Court) . On November 14, 1996, the group of homeowners associations known as Marco, ~ ll. or "the movants" filed a motion for reconsideration of the Final Order. Because SSU had already filed a notice of appeal, Marco, et al. filed a motion with the Court to relinquish jurisdiction back to this Commission in order to consider motions for reconsideration. On November 26, 1996; SSU filed a cross-mocion for reconsideration, and on the same date, filed a response to Marco, ~ ai.'s motion. On December 2, 1996, the Court issued an order abating the appeal pending the disposition of "the movants' pending motions for reconsideration by the lower tribunal." On December 3, 1996, SSU filed a motion with the Court requesting that it clarify its order to state that the appeal was abated not only to consider Marco, et al.'s motion for reconsideration, but also SSU's cross-motion for reconsideration, and SSU's motion regarding the imposition of a stay pending appeal. On December 4, 1996, the Office of publ ic Counsel (Ope) filed a motion with the Court requesting that the Court reconsider a~d clarify its December 2, 1996, order to allow all parties in the case to file motions for reconsideration. On Dece~ber 13, 1996, SSU filed a response to OPC's motion, alleging that OPC improperly sought an extension of time to file for reconsideration. On Decerrber 31, 1996, the Court issued an order amending its prior order to indicate that the appeal was abated pending this Com~ission's disposition of all motions or cross-motions for reconsideration. However, the Court stated that the determination of the timeliness or propriety of any motion should be made by this Commission. On January 9, 1997, OPC filed a motion requesting that the prehearing officer establish a schedule for filing motions for reconsideration, and on January 15, 1997, OPC filed a motion for reconsideration. The collection of associations referred to as Amelia Island in this proceeding filed a motion on January 20, 1997, adopting OPC's motion for reconsideration. On January 16, 1997, SSU filed a response in opposition to OPC's motion to establish a schedule, and on January 27, 1997, filed a response to OPC's motion for reconsideration. On February 19, 1997, the prehearing officer issued Order No. PSC-97-0190-FOF-WS, der.ying OPC's request to establish a schedule. .--.-"'.".,..""........--.------ .' :i ,. " -.. ~ '. -',~.. "," .~:. "4 ! ~~. ; t"'/"y. ;: ,.'t' !; ,?, ;:::i '.". f '{'" ~~~:,:~:, :.~;!\'- ,I." : ~... " ','. ~ .... ,.' " ~r:~ ..,:;.),. 'fl~ . .'J'," ~I.. . ~,:t/r:; ''':'''t ~. ~~:: 4'. . ,J ," ....', ;,..'. ... ,;:. ~,,~ "- ~';~.:~ ~ ,-. "t" 0' . ;:".<\ ::...~::~:' ~~;t ". ~.' <t 'f f" :~<!;..,~ ","'_ f. ~.~'// ;..Ftf ;>;~: ..: . .,.... .. .:.;:; 'I- ,~. ." lI'f . ,. ~! .. '''f '.~~,:~'~~ .:. ~".. '<I ."''.: '~', / " ~ ., . . ,',', " :~ ., ,(~:.~' ~. : . .f 1 6 G 3 '1 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 3 STANDARD FOR RECONSIDERATION When addressing motions for reconsideration, this Commission is bound by a clear and specific legal standard,. In j;)iamond Cab ~ompanv of Miami v. Kinq, 146 So. 2d 889 (Fla. 1962), the Florida supreme Court held that the purpose of a petition for reconsideration is to bring to an agency's attention a point of fact or law which was overlooked or which the agency failed to consider when it rendered its order. In Stewart Bonded Warehouse v. Bevis, 294 So. 2d 315 (Fla. 1974), the Florida Supreme Court held that a petition for reconsideration should be based upon specific factual matters set forth in the record and susceptible to review. ~ee also, pinqree v. Ouaintance, 394 So. 2d 161 (Fla. 1st DCA 1981). We have applied these standards to all the motions for reconsideratio~ before us. MARCO ET ~.'S MOTION FOR RECONSIDERATION I~ its November 14, 1996, motion for reconsideration. Marco, ~t El. raised several points, which we have addressed individually below. We also note that l'1arco, et al. filed it motion within 15 d~ys of the issuance of the Final Order, and therefore timely filed its motion for reconsideration. As previously stated, the utility filed a timely response. ~enue Amounts Relating to the Two-Year Reduction on Equit~ Marco, ~..t. 2.1.. first contended that we should .correct or clarify the amounts of revenue that SSU is entitled to recover through its rates during each of the first two years of' their implementation. This period incorporates the annual 50 basis point reduction on equity imposed upon the utility due to management concerns. The movants indicated that the approved annual water revenue, including the equity adjustment, on page 142 of the Final Order is $33,389,617, which is $553,875 greater than the $32,835,742 specified for the same time period on page 206 of the Final Order. The movants continue by stating that similar discrepancies exist for the wastewater revenues, as well as the period after the annual reduction on equity is discontinued. In its response, SSU contended that the revenue figures were correct because the revenue requirements found on page 142 included miscellaneous revenues, which should not be included for purposes of calculating the water rates. As to the movants' request that the Final Order be amended to include extraneous information SSU argued that the movants cited no authority nor demonstrated any mistakes of fact or law in support of their request. SSU also acknowledged that, although the Final Order does not directly ~--,-"'''' .,,~_II_~._-~-_...- ~,,~ . '. .'\ ,":",'1...' . ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 4 16G 3 reflect factored gallonage for wastewater customers, the Final Order appears to accomplish the effect of factoring gallonage by using a ratio of residential to commercial usage in establishing wastewater rates. While the amounts cited by the movants are different, this confusion on part of the movants is easily explainable. As indicated on page 242 of the Final Order, the service revenue requirement upon which water and wastewater service rates are set exclude miscellaneous service revenues. The miscellaneous service revenues, which were excluded prior to calculating rates, amounted to $495,625 as set forth in SSU's minimum filing requirements (MFRs). At page 238 of the Final Order, we held that no changes were appropriate to SSU's miscellaneous service charges. Secondly, to determine the appropriate water service revenue requirement, the bulk water service revenues of sse, 250 were also removed. This amount was calculated using the finding as to bulk raw water rates at pages 231-232, and o~ the amount of bulk raw water sold, as indicated in the MFRs. When these amounts were subtracted from the total water revenue requirement of $33,389,617, the result was that amount of reve::1ue requirement upon which the remaining water service rates .....ere set. This amount was S32,835,742, as properly stated or. page 206 of the Final Order. Acc~rdingly, no mistake of fact or law or omission has been made. As to the alleged discrepancy in wastewater reve~ue x"equirement, similar reductions were made. When calculating the wastew~ter service rates, reuse revenues were first removed. The reductio::1s were based upon the decision as to reuse rates at page 236 of the ?inal Order. The total amount of reuse revenues removed was S 148,152 . Y1hen this amount is subtracted from the total wastewater revenue requirement of $24,701,470, the result is $24,553.318. This is the amount of revenue requirement upon which the remainiig wastewater service rates were set. Therefore, as with the water revenue requirement, no mistake of fact or law or omission has been made with regard to the wastewater calculation. As to the movants' allegation concerning an error in the calculation of wastewater rates, we again conclude that no error was made. On page 242 of the Final Order, we held that a 20 percent differential between the residential and general service customers is appropriate. In its MFRs, SSU used one mathematical methodology to calculate this differential. Before the calculation of the gallonage charge, SSU increased the general service gallons by 1.2 and added this amount to the residential gallons. The gallonage revenUf. requirement was then divided by these factored gallons. This resulted in the proposed residential gallonage '.' . , " . , . l ; tot , ., ~ ~.. , f "c, ,t , ",. '.' ~ '" :f ;.~"': .:/..: ..,:, . ' ;'f;'.' ":<: ~' ,-.~ . t,:,;' ),,', ,.},) , 'r" : ..~t, . ~/ ,.,., ", :: <'~."~ . .,:: ....~. , . '.. ~'j 'r'~ " t ~ ... ~ '". 'I' ',"0, I , ~;~,.~. ~ -iF'; : ;t, ~;'I." ;~~{.~. ::.'-?'--~":~' .t""'-'" ~):.;':~,~ ."; OJ';! _. .'., ~ ,~ ..If " .; : .-.:j,.:~- ..~...-' ...~~< . I.... i' .'". . , . .,~ .,..... ,of .".' " 1 bG 3 OP~ER NO. PSC-97-0374-FOF-WS DOCKET no. 950495-WS PAGE 5 charge. The residential gallonage charge was then increased by 1.2 to determine the proposed general service gallonage rate. We approved a different mathematical methodology than the one proposed by the utility; however, the results were exactly the same. A basic gallonage charge was first determined by dividing the gallonage revenue requirement by the actual total wastewater gallons. A differential factor was then calculated by taking the perc~ntage of total gallons to factored gallons. The factored gallons were determined by increasing the general service gallons by 1.2 then adding this to the residential gallons. This differential factor was then applied to the basic gallonage charge to determine the approved residential. wastewater gallonage charge. This gallonage charge was increased by 1.2 to determine the general service gallonage rate. Although the methodologies differ, t.he result.s do :lot. The calculated wastewater basic gallonage charge, which was included ~n Schedule IE of our staff's August 8, 1996, recommendation, is not charged to any customer class. That schedule reflected the average wastewater basic gallonage charge per service area for illustrative purposes. The factored ERCs included residential, multi-family, and general service classes of customers. The actual charges based upon these basic gallonage charges were indicated O:l Schedule SB of the Final Order for each service area. While these detailed explanations were not included in the Final Order, all of these calculations and methodologies are supported by or can be drawn from the record. The movants also contended that the Final Order should indicate the total revenue subsidies either paid or received by each service area of the rate structure options presented to, and considered by, this Commission. There is no requirement to do so, and the information can be drawn from the record and the Final Order. Accordingly, no mistake of fact or law has been made. Pro;ected Sales for Palm Valley The movantn next requested that this Commission correct an error in the projected annual water sales for Palm valley, and that the gallonage charge and total subsidy required for Palm Valley from other SSU tacilities should be corrected. The movants alleged that the corre~ted gallonage charge should be reduced from $9.38 per thousand to $6.05 per thousand gallons on a stand-alone basis. They asserted that this reduces the monthly subsidy paid to each Palm Valley customer from $80.09 to $46.79, which, if multiplied by the number of 1996 Palm Valley bills, results in a $84,848 .\ ", '. /' ,'I. ,. ," ./ ~ '.: , ' .':r., >," .~ j ,~... ~, " "':i: ~, ~. :'~:":' <.,t~~' , ~;\ ~~~.. .'.~ ,4 . .::~ \ : ~~;,'. ~:~:~~ .::'.... .,1;, 'fj' . . J~ .''-; ...., :J , ~ :. ~:~= ...: '.'. ~ ."< .;~i.' ":-.( ~,.-:.:'. ~~:;~ ..:'. ~ ;'.' ~ 'f~. .~ , '~; i~ ~.;. ',tl; .~.;-~: 1','" ~... i .' '- ',' I .....';. .3: 1;;;;- y~ ,-. ' ,,:..... " . :.: ,/ ::. - ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 6 16G 3 reduction in the total annual subsidy. Therefore, the movants requested that we correct the total expected gallonage sales for 1996 at Palm valley and adjust the gallonage charge and level of rate subsidy accordingly. In its response, the utility agreed with the movants that a total of 23,624,000 water gallons and not 17,461,765 gallons for Palm Valley should have been used for the 1994 base year in the calculation of water rates. However, SSU disagreed with the remainder of the movants' calculations. Based on a stand-alone rate struct.ure, SSU calculated a "revenue requirement reduction" of $65,993. Further, SSU believed the $65,993 reduction was clearly "de minimus" when compared with SSU's total revenue requirement of approximately $58 million. In addition, the utility asserted that any change in the Palm Valley rate must be reflected in a change to the rate 0: the remaining cust.omers so that the total revenue requirement remains unimpaired. Therefore, SSU deduced tha~ any adjustment of the Palm V3l1ey gallonage charge may result in a refund to Palm Valley customers. Furthermore, the utility asserted that in order to avoid impairment of its total revenue requirements approved by the Commission, and pursuant to GTE Florida. Inc. v. Clark, 668 So.2d 971 (Fla. 1996), that if an adjustment is made to correct this mistake, this Commission must allow SSU to collect offsetting surcharges from the remaining customers. The first 3,000 gallons of -free water" per customer were not recognized in the Final Order when determining the appropriate 1994 total water gallons for Palm Valley. It is correct however, that we failed ~o recognize 6,848,703 of additional gallons for the Palm Valley facility in calculating water rates. Therefore, we conclude tha~ a mistake of fact was made, and find it appropriate to correct the calculation. However, we disagree with the movants' calcu13tion of 27,047,000 for the total projected 1996 water consumption and ~ reduction of $84,848 in the total annual subsidy to those custome.rs. Using the same methodology approved at pages 1142 through 1145 of the Final Order, which is consistent for every SSU facility, Wt~ find this correction to be 24,310,468 for the total number of 1996 water gallons instead of 17,461,765 which was approved in the Final Order. We disagree with the movants' contention as to whether this miscalculation affects the final rates and the revenue subsidy effect. We approved a capband rate structure for SSU, which uses the same first step as the modified stand-alone rate structure, with respect to setting caps and spreading the overage to the remaining service areas that are not capped. Therefore, to decermine the true effect of this correction, the modified stand- alone and capband rate structure were calculated again with the ..":, ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 8 16G "3 remaining four capbands due to the additional cost associated with SSU noticing the customers and filing revised tariff sheets. Therefore, the rates shall not be adjusted to any facility except Palm Valley. The utility shall file revised tariff sheets for Palm Valley which are consistent with our decision herein within thirty days of the issuance date of this Order. In addition, our staff is hereby given administrative authority to approve the revised tariff sheets upon verification that the tariffs are consistent with this Order. The charges shall become effective for connections made on or after the stamped approval date of the revised tariff sheets pursuant to Rule 25-30.475(1), Florida Administrative Code. SSU shall provide notice of the rate change only to the Palm Valley customers. Inclusion of Attorney's Fees in Rate Case Expense We found it reasonable and appropriate to allow the utility $175,000 in rate case expense for the law firm of Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A. (Rutledge, Ecenia). Final Order at 175-75. By Exhibit No. 255 in evidence, the utility updated its actual rate case expen.se figures as of March 31, 1996, with a revised estimate to complete. In that exhibit, the utility reflected the actual a~ount cf legal fees for Rutledge, Ecenia to be $117,997 as of March 31, 1996. In its motion for reconsideration, Marco, et gl. ar~led that the Commission erred in awarding thp. additional $57,003 for this firm. At the cO':1tinuaticn of the hearing on May 31, 1996, the utility offered. among other things, a document which contained a revis ion for Ie :fal fees for Rutledge, Ecenia. The document was m3rked as Exhibit No. 258, but was not entered in evidence because it was filed b(:yond the due date for late-filed exhibits. See Final Order at 171-72. The movants argue that there is no evidence in the record ~o support the award of the additional $57,003 in rate case expe:.se for this firm and conclude that it was error to have awarded it solely on the non-specific observations that "a substantial amount of work was performed by this firm as evidenced by attendance at the formal proceedings, exhibits filed, and brief preparation." rd. at 175. According to the movants, these types of observations are not evidentiary substitutes for the billing records and time sheets expected in all other cases and typically relied upon to determine whether the work was accomplished and necessary to the case, and that the amount being requested was reasonable. Moreover, Marco, ~ al. argued that the customer parties were completely precluded from testing the accuracy and reasonableness of the additional fees awarded. r. ___-.ol>i"'~Tr -~--~----,---~.,"- 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 9 In its response, the utility cent ended that Marco, ~ 21.'s amended post-hearing brief on this issue merely adopted OPC's position and said nothing more. The utility argued that because the expenses for the Rutledge, Ecenia firm were not even discussed by OPC in its post-hearing brief, Marco, ~ 21. inappropriately raised them as an issue for the first time in its motion for reconsideration. The utility cited Order No. PSC-92-0132-FOF-TL, issued March 31, 1992, in Docket No. 900633-TL (~n re: Develoomer.t o c n P 1 ud h 01 , 92 F.P.S.C. 3:666, 667), in asserting that the Commission will not allow a party to use a motion for reconsideration as a vehicle to raise new arguments and issues not previously raised by that party. Moreover, the utility argued that based on the record evidence and its past experienc~ in determining allowable rate case expense, this Commission appropriately and reasonably allowed $175,000 in rat.e case expense for the Rutledge, Ecenia firm for what was acknowledged to be the largest water and wastewater rate case in Commission history. Further, the utility pointed out that contrary to Marco, ~ al.'s assertions, the dissenting commissioners did not dissent as to the inclusion of the $175,000 in rate case expense for this f.irm. Rather, they dissented only to the inclusion of the $4~, 000 in tra'JE!l expenses approved by the majority, and would have removed those expenses from rate case expense. See Final Order at 269. The utility correctly stated that because Marco, et al. adop~ed OPC's position on the issue in its amended post-hearing brief, and because CPC did not include an issue or position on the propriety of allowing rate case expense for this firm in its post- hearing filing, the movants inappropriately raised this as an issue for the first time in its motion for reconsideration. In accordance with Rule 25-22.056(3) (a), Florida Administrative Code, "[a]ny issue or position not included in a post-hearing statement shall be considered waived." Moreover, as Marco, et aI. correctly pointed out, we found that "a substantial amount of work was performed by this firm as evidenced by attendance at the formal proceedings, exhibits filed, and brief preparation. II Final Order at 175. In allowing this additional amount for work performed by this firm, we recognized that although it would constitute an abuse of discretion to aut.omatically award rate case expense without reference to the p~ldence of the costs incurred in the proceeding, we have a broad discretion with respect to allowance of rate case expense. Id. at 175 (citing Meadowbrook Util. SYs.. Inc. v. FPSC, 518 So. 2d 326, 327 (Fla. 1st DCA 1987), rehearina denied, 529 So. 2d. 694 (Fla. 1988); Florida Crown Util. Servs.. Inc. v. Utility Reaulatory Bd. ____---- _....._____...___. .__._._________ on _ -----..--.......---.- ORDER NO. P5C-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 10 16G 3 of Jacksonville, 274 So. 2d 597, 598 (Fla. 1st DCA 1973)). This Commission did not misapprehend or overlook any facts. Rather, we allo~ed a reasonable amount of rate case expense for work performed by the law firm. For the foregoing reasons, we find it appropriate to deny the movants' motion for reconsideration in this regard. Salary Increases Marco, et al. contended that this Commission erred in approving ~age increases of 5.75 percent for market equity, merit, licensure, and promotional adjustments, and an additional salary market adjustment of 2.7 percent. As an alternative, the movants proposed reducing the wag~ increase to a level of 2 to 4 percent. In support of its petition, the movants pointed to various citations from the Fin31 Order which identify some deficiencies in SSU's salary study. Marco, et al. further argued that the size of the increase granted was ex:essive considering our decision that the utility's management was inefficient and that the overall quality of service pro".rided by th\~ utility was only marginally satisfactory. The ffiovants assertej that salary increases for this utility will send the wrong messa3e to utilities about the standards of performance and associated rewards, given the problems identified with this utility with r~g~rd to management and quality of service. ssu responded that, considering this Commission's extensive analysis of the salary and wage issues, the movants failed to point out any evidence of record that was overlooked or any mistake of fact or law regarding the salary increases. In addition, SSU argued that the movants failed to offer any record citation for i~s proposed salary adjustment of 2 to 4 percent. With respect to the salary increases granted totaling 5.75 percent, SSU asserted that the movants' disagreement with the decision fails to provide any factual or legal basis for reconsideration. Additionally, with respect to the market salary adjustment based on the Hewitt Study, ssu contended that the Commission weighed the evidence and arguments presented by both SSU and OPC, including the deficiencies cited by the movants in its petition, and concluded that some level of market based increase was appropriate. SSU further argued that the movants failed to recognize that, in making our decision, we essentially adopted the basis and conclusion offered by OPC in its brief, and determined that an increase of 2.7 percent, as opposed to the requested amount of 4.765 percent, was appropriate. Finally, SSU argu~d that we should reject the movants' request to reweigh the evidence and to impose a total salary and wage increase of 2 to 4 percent. 16G ..... I, ".' ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 11 The utility is correct on the substantive point that we based our decision on the evidence in the record with regard to the appropriate salary and wage increase. After weighing the arguments both for and against the Hewitt Study ~ we determined that some level of increase was appropriate, although not the percentage requested by the utility. As indicated on page 150 of the Final Order, we held that: Although the evidence presented by the utility in support of its salary increases is less than overwhelming, ~ ack wl d he utilit has ade a 1 d mons the need for some level of increase. In consideration of the discrepancies regarding the exclusion of relevant market data, as well as the calculation of the percentage needed to bring salaries to the market level, the utility has not adequately justified the need for a 4.77 percent incre3se cf total payroll. . . . Therefore, we approve a r.,arket adj,.jstment of 2.7 percent. (Emphasis supplied) Therefore, we find that no mistake or omission has been made. The movants' argum;nts on this issue simply restate those previously addressed and rejected by this Commission, and are inappropriate to address as reconsideration. Moreover, reweighing of the evidence cannot form the basis for appropriate reconsideration. Stewart Bonded Warehouse, Inc. v. Bevis, 294 So.2d 315, 317 (Fla. 1974). Marco, ~ al. failed to identify in its petition any error in fact or law that the Commission overlooked or failed to consider. As such, Marco, ~ al.'s petition fails to meet the legal standard for reconsideration, and is hereby denied. A~qui5ition Adjustment for the Lehiah and Deltona Facilities Marco, et al. next raised the contention that our decision to deny the Lehigh negative acquisition adjustment was based on factually inaccurate data or facts that had changed dramatically. The movants explained that the record showed that the actual value of the non-utility assets exceeded their discounted proportionate share of the total purchase price and not less as was previously shown. Therefore, the movants argued that an acquisition adjustment of $3,873,763 to Lehigh's rate base was needed to reflect the approximate 60 percent discount in the purchase price of the Lehigh Acquisition corporation assets, which included Lehigh Utilities. Marco, et al. asserted that the burden should be placed on the company to justify not using the actual investment of the utility in setting rates, especially where the cost basis of the investment affects customers who are not directly served by those assets. ---=--_..~.......- ',' . ~ ...,. -""f . :.',.. . ~;. 'oj. . /", \..... . .' ~. '.~': I . . , ;'1 , , ., . ~.:. " " ~ I ~ .'. . ..:t.:: .. /'.. :. ','~'r j '...i' ", ..' "~.i ' ." t' ::L~' I;, ~ ~', }'~~. '....;(, ,f, '. . ......J. t. ~.; :::' .!. . . .~. '" " (.~ ~-,.,. ':,; " .; ~~'.:~;. ~ .: ..J: ': -:. :..'~-:r ~. ::'-~: I:''' ~ - ~ ' ., #/, t ~ ~j " ,'~' ..; ~-~~~ '-"f .:. .~~.~. ~ ;::;t ....: i ~. ',~~,~.: .~?( .,..... . ,/. "t ' ~ ,~/';... . ~~ ,., .; .~ .. , : .~ . f' .."' ,~~ .p.~' i r ~1._.~ ft2l~: ,t...}. ',F-:' ] ',..i ".'. ; ~.~ " !; .. ~ ,. ~ l (. . ~ :. ;! .; ., . . ~.. '; ." ~y t.' \;. " .. ~~, . . }I: ~ ~ . . ", . -. . '.~ . ,< .., I ~..,~ ..~:. ~~;_~. ~ .:., f ,.' .:.~ :. ." ~,! \. '.r."'.':'/ ~ ~, '. ,.v", " .:t . tI~ '1.~ ........ , i;_ ~ ''-:....::< . ~ . . . 'f " . I '.t. , t. .' i' j", i , I . ". '. .' . 0' t -: ~"..' '. . . . ORDER NO. PSC-97-0374-FOF-WS DOC~ET NO. 950495-WS PAGE 12 16G 3, In response, SSU stated that this is the fourth time this Commission considered and rejected an acquisition adjustment related to the Lehigh facilities, and that Marco, ~ al.'s motion merely recited the arguments made in OPC's brief. SSU pointed to our conclusio:l in the Final Order that OPC's argument was not convincing, ar,'d our holding that even if the fair market value of the non-utility assets had increased, the increase was irrelevant to the issue cf an acquisition adjustment for Lehigh's land and facilities. s~;u stated that Marco, rt.s.l. failed to establish any existence of extraordinary circum~tances that would justify an acquisition adjustment. Lastly, SSU contended that the movants did not address tr.e acquisition adjustment for Deltona facilities, and demonstrated no grounds to support their argument, besides their disagreement with the acquisition policy. We address~d this issue in great detail on pages 95-102 of the Final Order. r<1arco, li il. ' s motion for reconsideration is clearly a reargument of the facts in this case. In fact, Marco, ~ al.'s motion itself asks that we "revisit the issue", instead of demonstrating that a mistake was made (motion at p. 11). Marco, ~ ~. has not shown an error in fact or law in the decision not to allow an acquisition adjustment in the purchases of the Lehigh and Deltona facilities or in the acquisition adjustment policy, and ics motion for reconsideration on this point is hereby denied. ~lassiticat~~ of the Collier Property in Rate Base In the Final Order, we determined that a parcel of 212 acres, consisting of lakes, wetlands and uplands, and referred to as the Collier property, should be fully included in the utility's rate base. Both a staff auditor and OPC contended that at least a portion of the property would not be used in the provision of water service. The utility asserted that all of the property should be included in rate base. While finding that not all of SSU's ~rguments were supported, we found several factors which support the inclusion of the property: While the staff auditor states valid concerns in his recommendation to reclassify portions of the land to non-utility property, we do not find it appropriate to remove any of the land from rate base at this time. The purchase of this amount of land incorporates less acreage than what the utility was previously leasing from the Colliers for the same purpose. Further, the utility's anticipated construction of an ASR well on this site could leave the utility vulnerable to unauthorized ..... -, " ;" ~ ~-,. " t . ~ *, '.. ':>:.C:::} ;;:: ~ .~." . . , ." .' -" -... .. .,"P -.,' . ; ::'. .;.... '" . , ".) t.. . '. ".',.,.t.'~ ~ I!-' .: ~ . ". , .. ~ J' 1_ :\.1";.". ..{. J ~" ~"",,-~~~-,". 1..... ': :' .... ..'.....' ;"'''..1/ ..~ ~ :'~<~:':. .'. I- . .. . ~ ~ . ..:':.:~.'~..~ ,.~<' . ~ ~,,:.;:.:.:>\t>: "" ' .~:., ~~:-_.r ~ " .' . ., :.,.: . . ',', ,::;:";:1;:( , ..:." . ." ':: # .. ~ . . \.. - .'. .~. :,. ~. t . ~. " I "r.. . .. ~ _' .; .\of.. .. : -"" ,; ;:'. ,.ii~~l:IJ ~. .I~"..!:.' ~1 . . ~:'n;'i:!J: -.. .' '. t'. ,;:~!;;~Ji~11 :" .' ~,,:!f~ ~t~) ~ ,,': {, ,..:~. ';. . ':-')~~~! -,:' :'~'7~.' ;~::.'~. :!; ..: \.,.,~".t'l "':. " ' ~ J i ,.J .'. ( ~f..:'~"/t~..J: . '; .;/ -,~i:. < ~:;:~K ' .: "";';'1 ':::};;::!i11~ ;', :" ~ ~::,~I .f". .,.......,. , :. ..: :>~~~;.~..;' . '.",.. ~ .. .. ":","'.-\' L ~~ :,~~1.:' - .. '" .,.. '., . ~ ',ir}(f~ If----nr- " 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 13 users of its stored water if it did not have control over that surface land covering the higher concentrations of the stored water. Finally, this site is indeed strategic in that ssu plans to develop a wellfield on s~ction 35. In addition to the lakes, the Collier property contains ground storage to hold water when that wellfield begins producing. (Final Order at 40) We further ordered SSU to notify the Commission if the property should ever be developed for non-utility service. In its motion, Marco, ~t~. requested that we reconsider the decision to classify all of the Collier property as utility land. The movants contend that a portion of the Collier property should instead be con~idered non-utility or property held for future use. The only reason provided by Marco, ~t al. was that the decision was "contrary to the evidence presented by the staff auditor." In response, ssu asserted that the movants did not provide any basis for reconsideration. SSU pointed out that the Commission acknowledged the auditor's testimony and the concerns raised, and based the findings on several other factors presented in evidence. The movants have not demonstrated a mistake of fact or law. Instead, they have only argued that evidence in the record contradicts the final decision. As indicated by the portion of t.he Final Order cit~d above, we clearly considered and rejected the staf f witness's concerns. The mere fact that a decision runs contrary to a particular witness's testimony does not support reconsideration of the decision. When confronting competing testimony from a utility and a staff witness, this Commission is not obligated to adhere to its staff's testimony. Gulf ~ower Company v. Florida Puplic Service Commission, 453 So.2d 799, 805 (Fla. 1984). Our decision is based upon evidence from the record. Therefore, Marco, ~ ~.'s motion for reconsideration is denied as to this matter. SSU'S CROSS-MOTION FOR RECONSIDERATION In its December 31, 1996, order abating the appeal, the Court indicated that the determination of the timeliness and propriety of the motions and cross-motions for reconsideration was to be made by this Commission. SSU's cross-motion for reconsideration was filed on November 26, 1996, in response to Marco, ~ ~.'s initial motion for reconsideration within the time period allowed under Rules 25- 22.060(3) (c) and 25-22.028(4), Florida Administrative Code, and so it was timely filed. ~. ~ " ~ ~ ' /I " j" } ," . ,.I' ~ ' ..J . ..~ ' , . :., .. ....2-:, (,~::,:;/i:{, . F:""~.,~\, .. ~. (' ..'", '.' :;;..., >}. "1 o. ': ~. ,,' . . ~ ~., ." ..: ~ -~' ~ ': (,,~.. f '-... ... ~.. ~;" <;.,,~ ~".:""" '~ , . , . , : ~ .. , 0 ~". " " "", ',/;.~ '~. !, :~; ~: j .: ; -.' , .".", . . " :\': ~~:--:; I ~..: ~'. ~;.~,~..:"~ ",- '":~ '::\:'~F:_;i , .. , '::~~d{ji ~ ." , ~., . 0 :,;;:Ff{!it.; .. 4 ,,'..;J. ".. ~ , ':~)!ti~:;~) .'~ .. ::.-'?:;FitJ ," :),qlJ!~ . . '..,. 1 \ t ,. ~ , '.:' J -:~~: f ~:" :;: ':;~: ,~"("(:;~: . ... '..# . ~ ~ '. ,- /;< ,~;:?t . ~. ~ "'....... ..0" . ;' ~~'i)'i~ f '("':.':. <.."" :;;',1; 1! :~.> ~;::~':' . ','; '~"- ~.~ : ~ e,:(~ i'~':";" :;j'r.:j\';;. '" , ~ . " . . ,...., ~ , I ~ ; ...... . , ..'...... ~ . , 0 ',' :., ;.,~;;, /I , '., ';' o! , . ; . I. ~,;r . '. . ~ ; ... 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCY~T NO. 950495-WS PAGE 14 OPC filed a Response and Opposition to Southern States' Cross- Motion for Reconsideration filed on December 9, 1996. Pursuant to Rule 25-22.060(3) (c), Florid" Administrative Code, any response to a cross-motion for reconsidE::ration must be served within seven days. Allowing five days for mailing, and recognizing that the twelfth day fell on Sunday (~, Rules 25-22.028(4) and (5), Florida Administrative Code), OPC's response was timely filed on December 9, 1996. Decisional law indicates that once a party files a notice of appeal, the lower court lacks jurisdiction to address any subsequent motions made by that party. ~, 91atstein v. City of Miami, 391 So. 2d 297 (Fla. 3d DCA 1980), and Walker v. vlalker, 401 So. 2d 872 (Fla. 2d DCA 1981). Nonetheless, those decisions noted that jurisdiction cou11 be relinquished in order for the lower court to address the motions. In its November 20, 1996, response to the Court, SSU indicated its concurrence with Marco, ~ al., in requesting a relinquishment of jurisdiction. Rule 9.020(g) (3), Florida Rules of Appellate Procedure, mandates that if a party files a post-hearing motion with the trial court, and then files an appeal before the motion has been ruled upon, the motion is deemed to have been abandoned. Rule 9.020(g) (3) is not applicable in this instance because SSU's cross- motion was filed after its notice of appeal, not before. Further, by its December 2, 1996 and December 31, 1996 Orders, the Court relinq~ished jurisdiction to allow us to consider all motions or cross-motions for reconsideration. Therefore, we find that SSU's cross-motion for reconsideration is properly before us for consideration, In its cross-motion, SSU questions one adjustment we made in our October 30, 1996, Final Order, wherein, among many other things, we determined that SSU's co~~on equity (for the 1996 test year) should be reduced by $4.8 million based on the testimony of OPC witness Dismukes. OPC witness Dismukes had proposed that this adjustment be made based on the $8.2 million refund ordered by us in the October 19, 1995 Refund Order issued in Docket No. 920199- WS. Based en this adjustment, SSU's overall rate of return was reduced from 9.97 percent to 9.94 percent, with a resulting reduction in the revenue requirement of $66,155. In its cross-motion, ssu stated that the "Commission's decision [the equity adjustment) has no basis in the record and constitutes a mistake of both fact and law." We note that the argument that there was no evidence in the record to support an adjustment to equity was also made in SSU's brief. However, in the cross-motion, SSU added that the only evidence in the record 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 15 purporting to support the $4.8 million adjustment was provided by OPC witness Dismukes. SSU argued that the proposed adjustment was based on an order from Docket No. 920199-WS, that had been withdrawn: Order No. PSC-95-1292-FOF-WS issued October 19, 1995 (Refund Order). Based on this argument, SSU claimed that there was no basis in the record for such an adjustment, and that this constitutes a mistake of both fact and law. By the time the rate-case hearing began on April 29, 1996, we had issued two orders regar~ing the remand proceedings in Docket No. 920199-WS. The first, Order No. PSC-95-1292-FOF-WS, ordered SSU to make refunds for the difference between the modified stand- alone rates and the customers who paid more under the uniform rate structure. The second was Order No. PSC-96-0406-FOF-WS, issued March 21, 1996 (Reconsideration Order). In that order, though SSU had requested that the October 19, 1995 Refund Order be vacated. we specific311y ordered as follows: ORDERED by the Florida Public Service Corr,r:lission that the Commission, on its own motion, shall reconsider the decision made in Order No. PSC-95-1292-FOF-WS as set forth herein. A review of the March 21, 1996 Reconsideration Order, shows that we did not vacate or "/ithdraw the October 19, 1995 Refund Order. Pursuant to Rule 25-22.060(1) (c), Florida Administrative Code, a motion for reconsideration does not serve to automatically stay the effectiveness of any such final order. SSU argued that since we had voted to reconsider the October 19, 1995 Refund Order, that it was a mistake of fact or law for Ms. Dismukes to conclude that an $8.2 million refund would be required. We reject this argument. We had on two occasions voted to require the refunds, and, had not repudiated those votes. Therefore, while the decision had not become final, OPC witness Dismukes, could reasonably conclude, as we had on two separate occasions, that a refund would ultimately be required. Based on a refund of approximately $8.2 million, OPC witness Dismukes specifically testified that SSU would incur a reduction to its 1996 net operating income or approximately $4.8 million, and that the equity co~ponent of the capital structure would have to be adj usted accordingly. SSU put on no evidence to rebut this testimony. Therefore, we find that there is sufficient evidence with probative value in the record to support our decision to adjust equity. "'...,--.."'......-- _._----------- ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 16 16G 3 Secondly, SSU addressed the second refund order issued in Docket No. 920199-WS, (Order No. PSC-96-1046-?OF-WS, issued August 14, 1996), which was issued after the hearing in Docket No. 950495- WS concluded on May 31, 1996. SSU argued that the August 14, 1996 Refund Order was not made a part of the record and should not have been relied on in the Final Order. ssu claimed that the Final Order in this docket (at page 115) refers to the August 14, 1996 Refund Order in support of the $4.8 million adjustment to equity in the capital structure. The Final Order states, "We have affirmed that order (referring to the October 19, 1995 Refund Order as affirmed by the August 14, 1996 Refund Order] and continue to require the utility to make this refund." However, the utility asserted that if "the Commission determines, ~ya sponte, that it is appropriate to take official recognition of the August 14,1996 order," then it should also take official recognition of Order No. PSC-96-1311-FOF-WS, issued October 28, 1996, which granted SSU's Motion for Stay of the August 14, 1996 Refund Order. Based on this stay, SSU a=gued that it is inappr~priate to make any adjustment to SSU's 1996 test year in Docket No. 950495-WS for refunds ordered, but stayed in Docket No. 920199-WS. SSU concluded that such adjustment "defies reality in light of the stay and acts as an unlawful predetermination of the merits of SSU's appeal of the refund order." We agree that the August 14, 1996 Refund Order issued in Docket No. 920199-WS was not a part of the record and could not be relied on, unless officially recognized, in making any final decision in this docket. However, we did not rely on the August 14, 1996 Refund Order when we made our decision in this docket to reduce t.he equity component by $4.8 million, but rather on OPC witness Dismukes' testimony. Therefore, SSU has not shown that there has been a mistake of fact or law, in regards to this adjustment. In its response, OPC made three arguments. First, OPC argued that SSU did not address this issue of the $4.8 million adjustment to equity in its brief or post-hearing statement, and, pursuant to Rule 25-22.056(3) (a), Florida Administrative Code, has waived any right to question this issue. Rule 25-22.056 (3) (a), Florida Administrative Code, provides that, "Any issue or position not included in a post-hearing statement shall be considered waived." However, SSU took the posi tion in response to the issue regarding an adjustment to the equity component of the capital structure (Issue No. 65), that no adjustment was warranted. Further, while SSU did not directly mention the $4.8 million equity adjustment for the refunds, it did argue that there was "no ., ~. -" ". '" ..1', . Jo:~:..... ',' " ~ , .; ;,t:;.:,:::;'~" -,.'~" . ~~. ::.~-~: ~~ '.';:~~ ;,~~~ t ': .: .: " ~ .'. " .,~ oil .~ ~ ,. ' .. , ~ .. , ,,' I \. '...".~. t , .' ... .....~:.:.... . ~ . ,. ... - . ",. "".' "('1 i". .' ~. .'; . .... ,.". "..: .... ". ';..t ; "/ , ~-7.~ ~: .., :. . j. '." . ,( ~ ^'., II . ......... ~.. I' .":' "',," .... .' " . . " (. ~., . . . :'4 ':: :.~ '... ..~ -.;..- .... \.: ; ~ ..;, . '.:\;~ ~/ .:; ,~- .. ~ ~ - ~ ...' ... .<,. '. '~~,:. .:.;,...' $: . ~ :::. :<'.{;5:~: . .,. '.. .: L ~, . -"';" .,.... 't"" :,"'\f::;.'I"r' :':.: , .. '.' ,'. I)" .,'::;.:r: :.~.:':' ~3:~ " ,. 11" ',." ,-, ,I '.",J .. .", .. ~ ...:~~' '~;:'t,' . .. '.. ". . ; .~(:(~;.: ''-''''.: 1 .l' :-;'11 -: r ~'~f'" ',';'i ~". ..' ,. . : /" " . "~ : ..,.:~ .: . , l~ -. ~ "',' . -,<':" ~ .. ',' J.. ." .",.-,' - . ~,.' ,.. " "".. . ~. '. '. ..... . . '. -:-') -' ~ . ,.....'. .... ~":-' .,~t -: '~i 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 17 evidence supporting any adjustment to SSU's equity component." Therefore, we find that SSU complied with the rule, and did not waive its right to seek reconsideration on this issue. Second, OPC initially argued that the Court's December 2, 1996, order only relinquished jurisdiction for consideration of t.he motion for reconsideration filed by Citrus County. However, with its December 31, 1996 amendatory Order, the Court modified the December 2, 1996 Order and stated "that the appeal is abated pending the lower tribunal's disposition of all motions or cross- motions for reconsideration." Therefore, this argument does not continue to be applicable. Third, OPC argued that though we had reconsidered that October 19, 1995 Refund Order, both on SSU's motion and on the our own motion, that we had consistently adhered to our decision to require a refund. OPC further argued that though the August 14, 1996 Order has been appealed, and a stay granted, that this is not a reversal of the order, but that only the execution of the refund is postponed pending the outcome of the appeal. OPC concluded that we should not repudiate the refund order for the purpose of determining the capital structure in this case just because SSU has appealed that order and obtained a stay. We note that both SSU in its cross-motion, and OPC in its response, refer to the August 14, 1996 Refund Order. The issuance of that Order, the subsequent stays of that Order (Orders Nos. PSC- 96-1311-FOF-WS and PSC-97-0175-FOF-WS, issued on October 28, 1996, and February 14, 1997, respectively), and appeal of that Order are not in the record of this proceeding. Unt il the appeal of the August 14, 1996 Refund Order is complete, and the stay is lifted, we will not know for sure whether SSU will be required to make the refund. Hcwever, an appeal and stay of an order do not affect the validity of an order, and, in fact, our orders are presumed valid. ~, Citizens of Florida v. publ:c Service Commission, 425 So. 2d 534, 538 (Fla. 1982). Also, we are aware of the decision in Pennsylvania Threshermen & Farmers' Mutual Casualty Ins. Co. v. Barrett, 174 So. 2d 417, 418 (Fla. 3d DCA 1965). In that case, the Third District Court of Appeal discussed the effects of a supersedeas (stay) and stated as follows: A supersedeas has the effect to suspend all fnrther proceedings in relation to a judgment superseded, but it does not, like a reversal, annul it. The supersedeas, being preventive ~. ., '."'; .. . '. ". ...,.'. ~.:...~~..b ;..~"L', :.., .'j.;.. .( ,/. .--#: ~.t""~:.oI.1::'r. .:~.~.(.:;, .(.. ; ~, t i ..... '.' ~;~ -": ;- ._!.~, ;'....:. i ; {.~'_:.}~..j " 'o' , .... ,'. .. ~. .~. ~'.'I 1. . -:, . ""~'. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 18 16G 3 in nature, does not set aside what the trial court has adjudicated, but stays further proceeding in relation to the judgment until the appellate court acts ther~on. In the PennsvlvaniaThreshermen case cited above, a trial court had based its decision to grant summary judgment in a garnishment proceeding on the basis that the law of the case before it had been fully established by a decision of another trial court involving the same parties. In reversing this decision, the Third Distri~t Court of Appeal stated: The act of the trial judge in the court below involved a proceeding in relation to the judgment superseded and should have been stayed until the disposition of the appeal had become final. The wisdom of the rule cited is borne out by the fact that the judgment relied upon has since been reversed by the Court of Appeal, Second District. A first reading of this case indicates that we could stay this entire rate case proceeding pending the final outcome of the appeal in Docket No. 920199-WS. However, SSU has demonstrated that 1t is entitled to som~ rate relief, and to delay a rate increase could put SSU in serious financial jeopardy. Further, ~e believe that rate proceedings are distinguishable from the situation in the Pennsylvania Threshermen case. Unlike a court which decides a case and is usually done with it, we have a continuir.g duty to regulate SSU, and, pursuant to Section 357.081 (2) (a), Florida Statutes, must set rates which are just, reasonable', compensatory, and not unfairly discriminatory. Also, we are not attempting in the Final Order in this docket to force SSU to make the refunds required by the August 14, 1996 Refund Order, but we are merely recognizing that our current position is that a refund is required. The appellate courts have recognized that where the actions of the lower tribunal do not affect or interfere with the subject matter of plenary appeal or impinge on the appellate court's power and authority to decide the issues raised, then the lower tribunal has authority to act. See,~, Dade County v. Davidson, 418 So. 2d 1231 (Fla. 3d DCA 1982). We do not believe that our adjustment to the equity component in this case impinges on the appellate court's power and authority to decide the refund issue raised on appeal, or negates the stay. Further, this adjustment to equity reduces the revenue requirement by only $66,155. Being aware of the appeal and stay of ~ '. ' " , . ~ ,.. ',;' -. . " :. ,; - . : : . f ;,~ . .. '" -.~ r. ,~' ".; ....-~ ;';:".' , ~,,~~'.:;~> .."J. ;,.. . ,\'/'~::~. . , :. r , . :-:/; .4 .~~ ~.... ' " . ,. . }, '. ,.., . " ";{'., . ~ .-, ..~;, '!=: " ..: ~. :':'~: ~s~; '" ~:::"r:,:~J:: ~~' . "'. ,. ;.. r ''I': :.~ I : :.' '" '.:':} ~ ~ .. ~ .,' '.. t.. i" ~,.'.:; ': ~', ~ f "...~ . ,~".-~,._.~#.~ .f'.::~~~.:, . . -)..... ~ "... ., -.: <' "~... , .., ~.... J...-.,,: "-'~>i . ::i ij";nfi\ , ' }.;::?~~ . ~. "'A'- r' '.. .. -r .!.~ ", ..:. ~ ::',1':. ~',:....~;..;; " -: :'.;'. .,);; f_ ..: ~ , ; \'.~~ -. ~4~'~~' ~'~ ,.. ;.;.: ':''':1.~ . '!I.." , .r"i' . ;. .1, ., ,~ ; ,\. . ~ . -', .,' :', ~", .> ~ ;':.: ~:,~~J.l~ .'~..;:Z~: :;:r~' ,.~ . ,..,.1 'I> .s, :' ';\, ~I I ~ '.~" .., ~. ~ ".~.{:i;~ '. : ~ , '.,'~ ..-: ~ . ,. ..:~ . ; ..:. ~. "t. .:!~ rl, ....... ',:. ~ ~ ':.: '. , . ..~ " ',' f.. "- . . ...;.. :'"' .' ,.:: )': '. " . '. .:,. /,. t', " 1 bG 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 19 the refund re~~irement, we could have allowed SSU to collect the $66,155 difference in revenues subject to refund pending the outcome of the appeal. However, with a total revenue requirement of over $58 million approved in this rate case, this adjustment is approximately one-tenth of one percent, and woulq have almost no effect on SSU's rates. As SSU argues in its response to Marco, ~ al.'s Motion for Reconsideration of Order No. PSC-96-1320-FOF-WS, an estimated $65,993 revenue impact for an overstatement error is .clearly de minimus when compared to SSU's total revenue requirement." We agree with SSU's argument regarding the materiality of the above-mentioned overstatement error, and believe that this analysis should be similarly applied to this adjustment to equity. Even if the adjustment to equity is removed, it would have a very minimal impact, if any, on the total revenue requirement and resulting rates approved. Further, if we were to allow the recovery of the $66,155 difference subject to refund, the cost to notice any -interim" rate increase pending appeal, with security and reporting requirements could easily elimina~e any benefit to SSU for this increase. Also, if we do not make the adjustment and our decision to require a refund is affirmed, then the $66,155 in revenues will have been wrongfully collected. In consideration of the foregoing, we find that there is sufficient evidence in the record to support our decision to reduce the equity component by $4.8 million. Therefore, SSU has not shown that there has been a mistake of fact or law, and SSU's Cross- Motion for Reconsideration is denied. ~CONsrDERATION ON OUR OWN MOTION We find it appropriate and necessary to reconsider, on our own motion, several points and omissions in the Final Order. Those matters are set forth below. ~llowance for Funds prudentlY Invested (AFPI) Charaes In the Final Order, we adjusted the utility'S requested AFPI charges to reflect the Commission-approved used and useful amounts on a per facility basis and capped the charges to the approved plant capacity charges. However, the AFPI charges attached to Order No. PSC-96-1320-FOF-WS contain two mathematical errors which must be corrected: 1. Every AFPI schedule attached to the Final Order reflected the erroneous use of .975 as the regulatory assessment fee expansion factor in the supporting ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 20 16G 3 calculations rather than a .955 expansion factor. This factor is based on the previous regulatory assessment fee rate of 2.5 percent. The expansion factor has been recalculated based on the current rate of 4.5 percent. 2. AFPI charges calculated for every wastewater collection and wastewater treatment and disposal facility erroneously failed to include the prior year's carrying costs for charges applicable beginning January, 1998. The Deep Creek wastewater collection AFPI schedule mistakenly reset the AFPI charge at the beginning of each year, and the University Shores water transmission and distribution AFPI schedule did the same beginning in February of each year. In the Final Order we held that AFPI was to be set for all separate facilities with non-used and useful property. The order contained AFPI schedules for 142 separate facilities in 65 service areas. However, AFPI charges for 23 separate facilities located in 18 additional service areas were erroneously omitted from the Final Order, even though we found them to be less than 100 percent used and useful. Therefore, we find it appropriate to reconsider that portion of the Final Order and correct the miscalculations and omissions by approving the AFPI charges contained for those facilit.ies as included in k~ended Schedule No. 10, which is attached to this Order and incorporated herein by reference. Rule 25-30.434(4), Florida Administrative Code, requires the beginning date of the charges to be the month following the end of the period used to deterrr,ine the charge. Because the test year for this docket was the year ended December 31, 1996, the charges shall begin January 1, 1997. This is consistent with the utility's requested beginning date. If the utility files revised tariff sheets within thirty days of the issuance date of this Order which are consistent with our findings, our staff shall have administrative authority to approve the revised tariff sheets upon verification that the tariffs are consistent with this decision. If the revised tariff sheets are filed and approved, the charges shall become effective for connections made on or after the stamped approval date of the revised tariff sheets pursuant to Rule 25-30.475(2), Florida Administrative Code, provided the customers have received notice. The utility shall provide proof of the date notice was given within 10 days after the date of notice. Rule 25-30.434(4), Florida Administrative Code, directs that if any connections have been made between the beginning date and the effective date of the charge, no IF "V- 1 bG "2 I ./ ORDER NO. PSC-97-0374-FOF-WS DOCf~T NO. 950495-WS PAGE 21 AFPI will be collected from those connections. All of SSU's prior tariff charges for AFPI have been cancelled as of January 1, 1997, pursuant to the Final Order. Private Fire Protection Charaes In its initial filing, SSU requested a uniform conventional water treatment rate and a uniform reverse osmosis water rate. In addition, it was SSU's intention to have uniform private fire protection rates, within service classification, for all water facilities. However, the water schedules SA and 6A of the Final Order did not contain private fire protection rates for all of SSU's facilities" The Final Order approved private fire protection rates for or.ly the facilities that currently have private fire p=o~ection: Amelia Island, Burnt Store, Keystone Heights, Lehigh, Marco Island, Me=edith Manor and University Shores. We find it approp=iate to reconsider our Final Order and permit all of SSU's water facilities to charge for private fire protection. Therefore, for the water facilities that were not approved by the Final Order to charge private fire protection rates, we find it appropriate to permit SSU to revise its water tariffs to include this charge. Consistent with the Final Order, the new private fire protection rates are calculated in accordance with Rule 25-30.465, Florida Administrative Code, which states that the rate shall be one-twelfth the current base facility charge of the utility's meter sizes, unless otherwise supported by the utility. Therefore, given that private fire protection rates are essentially a "fall-out" of the approved base facility rates and calculated pursuant to Rule 25-30.465, we hereby approve the appropriate private fire protection rates for the remaining water facilities. Furthermore, the rate increase resulting from the adjustment to the utility's rate of return that will occur in two years, and the rate decrease adjustment for rate case expense that will occur in four years shall be applied to private fire protection rates and calculated in accordance with this rule. If the utility files revised tariff sheets within thirty days of the issuance date of the order which are consistent with this Order, our staff shall have administrative authority to approve the revised tariff sheets upon verification that the tariffs are consistent with our decision. If the revised tariff sheets are filed and approved, the charges shall become effective for connections made on or after the stamped approval date of the revised tariff sheets pursuant to Rule 25-30.475(1), Florida Administrative Code. Because these new private fire protection charges apply only to future customers, and not existing customers, the utility shall provide notice at the time service is requested. _~____I!lI""___ '.. .~,. .' ~ .- - ;,'~ ~l'~?"> ,>1 '.P<~ .~t: :~, ;:,~ (::)"~ .. '..; ~ ...... '"-"~:~'~''' "' . --:::>: :'.: , " 4 -: ~~':.;::;/..:: .:. , :, ~';.~ ,....;. ~ . t < ~, ~ .....:r....... :,;../,'<~ ..' -:".""". ." ". ..- " . . . ". 0::- :-~ :,., " . ~ .... . ~'..~:~~i, ,,~.,4~~,~i , '. . ~, .'. '. ;". ' ;" .~~.~..~:.:~ .;,.... ..~)., ~;' ...... .~... ':1. , ,."~."\ L.: .' > .,;~:;\~ '\', ". ";"'. - ,. _J ~.:. ,'. ';"~" " :,. " . .. '~f' ';,"; ".-. 'P . : ":; ~ '. J.. . , '" ',.. I " , . t.,. .' -;'j, . .1 ". ~. ~ 'i . ;,( /. " '.:;: ~ l.:<: )' ..," ~ . . '. , . ::'. ~'~:',:" :~', ,~:' ~ :; - . , ~ .~ >; . ':~:~. ,):-~, :<{~t~ ~i.. ~/i ;;.~~, (: .:' ,~~.;:..... .~'1.",-, '~'':'' :'-'.!-'t~; r, . / ',',:_ ~ '~" ~ - '. \ ." s. ~. ~.:( ..~... '..,{ '.,.". ", ; ;., t. )".'1' . ~ '. .. '.: , "'I., ~~~. . ..1., ,t. . ,. ...t " . .''', ;',>J:.:~~\:\ 'H:i':";',.,<:, ;y<\\.;~~, :~'':'''' j;;~_..!..: .! '::',,:;'~:' 'I.<'>i~' -" " ':r\< ;' ':~'. ': 'l;~ to.:, 't .... ..; ~~:., , ~.... 1..; .. .' ..... 1"" .. "'... . .", ':'. .: ~.' , ,;. ',' , .. ~ '. ~ ,'. . , ".. 4 ,'.. ~", . ~:.:' r. ..'~~. ,.- ..'.... ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 22 l6G 3 Plant Capacity Charges and Main Extension Charqes In its initial filing, the utility requested a plant capacity charge based upon a per gallon equivalent. This charge is for non- residential customers and is consistent with past practice, Rules 25-30.515(10) and 25-30.585, Florida Administrative Code, and SSU'S currently approved tariffs. ssu also requested a main extension charge based upon a per foot equivalent. We approved plant capacity charges and main extension charges in the Final Order at pages 253 through 256. However, the Final Orde~ erroneously failed to include a pe~ gallon charge for the plant capacity charge. Therefore, we find it appropriate to reconsider and approve plant capaci ty charges based upon a per gallon equivalent and main extension cha~ges based upon a per foot equivalent. The per gallon plant capacity charge has been calculated based upon our findings contained in the Final Order. The average gallons per day per ERC figure was reached by first taking the approved total gallons from page 141 for water and page 138 for wastewater, which were then divided by the average ERCs for the test year. The average ERC fo~ the test year was derived by dividing the approved total factored ERCs at page 138 by 12 months. This quot ient was then divided by 365 days. The resul t is a calculated gallon per day per ERC. In the final step, the approved plant capacity charges, approved on page 25~ of the Final Order, were divided by the gallon per day per ERC. This results in the water and wastewater plant capacity charges per gallon equivalen: contained on Supplemental Schedule No.9, which is attached to this Order and incorporated herein by reference. This methodology is reasonable and based on evidence in the record. as detailed above, The calculation of the main extension cha~ge on a per foot equivalent is similar with one exception. The feet per lot we~e not contested by the parties nor ruled upon by the Commission. Therefore, we find it reasonable to approve a main extension charge based upon a per foot equivalent. We have recalculated this amount using SSU's methodology and the approved main extension charges. These charges are locat~d on Supplemental Schedule No.8, which are attached to this Order and incorporated herein by reference. If the utility files revised tariff sheets within thirty days of the issuance date of this Order which are consistent with our findings, our staff shall be given administrative authority to approve the revised tariff sheets, upon verification that the tariffs are consistent with our decision. If the revised tariff sheets are filed and approved, the charges shall become effective for connections made on or after the stamped approval date of the revised tariff sheets pursuant to Rule 25-30.475(2), Florida 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 23 Administrative Code, provided the customers have received notice. The utility shall provide proof of the date notice was given within 10 days after the date of notice. OPC'S MOTION FOR RECONSIDERATION The Final Order was issued on October 30, 1996. On January 15, 1997, OPC filed a motion for reconsideration of the Final Order, which addressed the refund of interim rates, acquisition adjustment and recognition of a gain on sale. As noted herein, the Court's December 31, 1996, order indicated that the determination of the timeliness or propriety of any motion should be made by the Commission. Rule 25-22.060(3) (a), Florida Administrative Code, requires a party to file a motion for reconsideration of a final order within 15 days of its issuance. Rule 25-22.060 (1) (d), Florida Administrative Code, holds that: "Failure to file a timely motion for reconsideration, cross motion for reconsideration or response, shall constitute a waiver of the right to do so." The time permitted to file a motion for reconsideration is non-discretionary. In ~ity of Hollvwood v Public Employee Relations Commission, 432 So.2d 79 (Fla. 4th DCA 1983), the appellate court dismissed an appeal because the appellant had filed an untimely motion for reconsideration with the agency. The Public Employee Relations Commission (PERC)'s procedural rules permitted a 15-day period for the filing of such a motion, but did not permit an extension of time for the filing. Likening the situation to a motion for a new trial in circuit court, the appellate court held that while PERC had the authority to reconsider its decision, it lacked the authority to extend the filing period. More recently, in ~itizens of the State of Florida v. NQrth Fort Myers Utility, Inc. and the Public Service Commission. (Fla. 1st DCA, Case No. 95- 1439, November 16, 1995) the court dismissed an appeal of a Commission order filed by OPC because the motion for reconsideration had not been filed within 15 days of the issuance of the final order. OPC did not address the City of Hollywood or Citizens v. North Fort Mvers decisions in its current motion. The issue of the timeliness of OPC's motion requires an examination of appellate rules, our procedural rules, and decisional law. An appellate court's jurisdiction over a matter is invoked by the filing of a notice of appeal. Rule 9.110 (b) , Florida Rules of Appellate Procedure. When an appeal is pending, the lower tribunal lacks jurisdiction to address a motion for rehearing or reconsideration. See, Glatstein v. City of Miami, 391 So.2d 297 (Fla. 3rd DCA 1980) and Walker v. Walker, 401 So.2d 872 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 24 16G 3 (Fla. 2nd DCA 1981) Similarly, when a post-hearing motion is filed before an appeal is taken, the appellate court cannot entertain an appeal until the lower tribunal rules on the motion. Rule 9.020(g) (1), Florida Rules of Appellate Procedure. When a timely motion for reconsideration or rehearing has been filed, the order is not considered rendered by the lower tribunal until disposition is made. Numerous appellate decisions indicate that an improperly filed motion for rehearing or reconsideration does not toll the time period for filing an appeal. Only motions that comply with all of the requirements of Rule 9.020 (g), Florida Rules of Appellate Procedure, toll the time for the filing of an appeal. However, case law is silent as to the situation presented in this instance: what effect does a notice of appeal, filed before the expiration of the reconsideration period, have upon other parties' ability to file for reconsideration? There is no appellate rule which indicates that the filing of an appeal tolls the time period for the filing of a motion for reconsideration. Nor is a party divested of the opportunity to do so. In fact, City of H911vwood establishes the unambiguous canon that an agen-:y cannot extend the time to file a motion for reconsideration beyond the time period permitted by rule. As permitted by Rule 9.600(b), Florida Rules of Civil p=ocedure, an appellate court may authorize the lower tribunal to address particular matters during the pendency of the appeal. Vlhile procedural rules do not address this situation, given the C~Q~~lywood decision, it is incumbent upon a party to file a motion with a lo.....er tribunal within the IS-day rule period, =egardless, of whether a notice of appeal has been filed. To construe otherwise would indicate that a party can thwart another's opportunity to request reconsideration simply by filing a preemptive notice of appeal. Marco, ~ ~. filed a motion for reconsideration with this Commission within the 15-day time period required by Commission rule, and also requested that the Court permit this Commission to address it. This procedure is consistent with the findings of Glatstein v. City of Miami and Walker v. Walker. We conclude that in accordance with the Citv of Hollywood decision, we cannot address an untimely motion for reconsideration. Our decision regarding such a motion made outside of the 15-day time period, and in the absence of any authority indicating that the time period may be extended or tolled during appeal, is no~ discretionary. Therefore, OPC'S motion for reconsideration of the Final Order is denied as untimely filed. 16G :; ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 25 Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the motion for reconsideration filed by the individual associations collectively known as Marco, ~ 21. is hereby grapted in part and denied in part, as set forth in the body of this Order. It is further ORDERED that the motion for reconsideration filed by the Office of Public Counsel is denied. It is further ORDERED that the cross-motion for reconsideration filed by Southern States Utilities, Inc. is denied. It is further ORDERED that Southern States Utilities, Inc. shall file revised tariff sheets for its Palm Valley facility which are consistent with this order as indicated on Supplemental Schedule No. SA for Palm Valley, within 30 days of the issuance of this Order. It is further ORDERED that Southern States Utili ties, Inc. shall provide notice of the change in rates for the Palm Valley facility to the customers of that facility. It is further ORDERED that the approved rates for the Palm Valley facility shall become effective for connections made on or after the stamped approval date of the revised tariff sheet. It is further ORDERED that, on our own motion, we have reconsidered and corrected our findings as to charges for allowance for funds prudently invested (AFPI), private fire protection, plant capacity and main extension, as detailed herein and reflected on Supplement3l Schedule Nos. 8 and 9, and Amended Schedule No. 10. It is further ORDERED that if revised tariff sheets for allowance for funds prudently invested (AFPI), plant capacity and main extension charges are filed and approved, the charges shall become effective for connections made on or after the stamped approval date of the revised tariff sheets, provided the customers have received notice. It is further ORDERED if revised tariff sheets for private fire protection charges ar.e filed and approved, the charges shall become effective for connecticns made on or after the stamped approval date of the revised tariff sheets. It is further ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 26 16G 3 ORDERED that the utility shall provide notice of private fire protection charges at the time service is requested. It is further ORDERED that our staff is hereby given administrative authority to approve any tariff sheets which are filed pursuant to and in compliance with this Order. By ORDER of the Florida Public Service Commission, this 1th day of April, l221. BLANCA S. BAYO, Director Division of Records and Reporting by:J.~~ Chief, Bur u of cords ( SEA L ) MEO DISSENTS Commissioner Diane K. Kiesling dissents from the decision to consider SSU's cross-motion for reconsideration. Commissioner J. Terry Deason dissents from the decision to deny OPC's motion for reconsideration as untimely. Chairman Julia L. Johnson dissents from the decision to deny OPC'S motion for reconsideration, to the extent that she concurred with Commissioner Deason's suggestion to hear oral argument on the issue. -----.--'....... .. ......,-,-.-.---..'- ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 27 16G 3 NOTICE OF JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1) I Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.6B, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water or wastewater utility by filing a notice of appeal with the Director, Division of Records and Reporting, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notic~ of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. " .'.' ~t.;>...-:. ': ......... . ~~ ". ... . ,~,.o', ... " or , " I' : . ,.'.. ~' fi '. ..'>.~ ::-~ :/:~i;>' ;:', > ,. . .".jf?l)/ '. , ' :~' , ~ . ~: . ..", ~ t . ... r! ~. .- ..~ ~/ .- ~'; _~ '.~. t:-'~:-i'~-~". , ~..' ":- : ,: ;~ ~ ..' , ' l. " ~! ,!.i;~: { t. ';r.:' .; I ' ~ . ~ :. . ,~ ..' ~: . W[Y;~i::{~ , ;,~: ':J)"~~ g:r'{:?)~~ ~, <II' ..:. , .)" , ' !- , .. 'It ", . . ;;'.':" ....;;... ,',:\~ ~ ',i'f,t~1 " f . '10' '..,,.. ,,::'r;(~; tl ~ ~.~. .~.~:. ~ ::fZ:. ,i, : ,:. i. . r# ; . ~: ; ,1/>//" ...,:'; I" L .',:1.:: ,., ,:Y/~ ,'," ........ ,J ,': "d:': ..:'; It.:,- '. .' ~. .~.~ '.~ '~ :~.~ :"'.::~:~~ ~~ '....'" .~. .. .' . ~. ~J .. ~ ", '. . ~ J " ~ '.. oS .'. . .. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 28 SOUTHERN STATES UTILITIES, INC. PLANT: PALM V ALLEY COUNTY: ST. JOHNS TEST YEAR ENDED: DECEMBER 31,1996 ~idential. Gcaeral & MuJJi-family Services Base Facility Cbuge: Mr.ter Size: 518"13/4" 3/4" 1" 1-1/2 " 2" 3" 4" 6" 8" 10" Gallonage Charge / MG o - 3,000 All Excess 518" I: 3/4" meter 3M 5M 10 M RATE SCHEDULE :w A TER MONTHLY RATES Prior Approved Final am) $15.10 S22.65 S37.75 $75.50 $120.80 $241.60 $377.50 $755.00 $ 1.208.00 51,736.50 $3.69 $3.69 S26.17 $33.55 $52.00 16G 3 Sgpplemelltal Schedule No. SA Commission Apprond FiDal um1 S 18.80 $28.20 $47.00 S94.00 $150.40 S300.80 $470.00 S940.oo $1,504.00 S2,162.oo S3.32 S3.32 $28.76 $35.40 $52.00 . .-: I . . .,.. \ . . ~ ," :': .," . " , J .', ..'..',' " ; /~ ," { '.. .: , ~. . ~ .... ;.." '. ( ~_'i . ';:;. :~~~ i.~'~'''~:; ...'; ., " ::~,.:',); ;:J'" . "i.... i : ~ ~., ' .. .'~ . ....::.... .. - . ., .. .... ,~" . , " . t'!;--'~: :" 'f " ',' ':.<.':,:'{, \. , r ~ ~ . ~e . .' '"' ." ,~{.,,~ - .:-':' -~ :;. ~~... ': .,.~.. , .;,,~~~.-.::~, '.,~,~ : '. .: ;f .. ';..:(~,; .~~~:>~..~ , ./.. 1... ~ i~ .-.. '. . ~ .:. . .. : .~ . . ,;. .. .. '" . '," ",f..,:::,;.::,? ?t/i~~; . .'" .~ :' ~ <~. :. <~" . {'.: ,'~) '~l~{"'~'): . , ,'~<Si. ~- '.: .;.';:~~,~ ". '. ,~; .. .,; ~^~::;ri~, "".'~ ~~',.': >~' "; :' I ,~.: ',~' "'.<~~ :-~~ ..:t,'... .: ','" .1,'" ~." :,.: '". '..",.~~._. ",,>- .;::.. . .. '-, . ..~ ~:".., ::':.::~ ~'.:t :~ri: '.' :.,., .,.1 .:: ..... /.';,:/};t . ,;. ~.' ).:.:,,;:; :..';...', . .. :~,~.; <,,:/'~.i<: ;. j.' : . .. . '. ." ~. ~ ',:,; , " : ... '.I, . . , ..... '. . : :.,," _:"", t; 'J ';~ :~ ' .....:. '-. ~ :.., \}'" .' '.'.,,-..';' ....,. .~. ~ ,:':: ',";.:~...." ~ .' ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 29 SOUTHERN STATES UTILITIES, INC. DOCKET NO. 950495.WS fAAlN EXTENSION CHARGES: WA TER: COMMISSION APPROVED CHARGE: FEET PER LOT PER MFRs COMMISSION APPROVED MAIN EXTENSION CHARGE PER GAlLON: W,ASTEWA TER: COMMISSION APPROVED CHARGE: FEET PER LOT PER MFRs COMMISSION .APPROVED MAIN EXTENSION CHARGE PER GAlLON: . . '. , , " '- ,"f- ; ::,':," "":~.r~~ " ,.:...r, .:. .. ,'.:l~ ,~ .,". '~..:~. / . " , . \.' ... :'.t :,;' I I~ . '.; .' ",,' . 0"" . ',';" !. .,.' ,..,~..., ,'- ~J "J' . . 16G 3 SUPPLEMENTAl. SCHEDULE NO.8 $480 83 $5.81 $480 65 p.38 :/'of . .....,;, ,," ,..; ':.; ,:.~ ; . ~ ~~ :r!:~' ....-, ,'1-' ,;. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 30 SOUTHERN STATES UT1UTlES, INC. DOCKET NO. 950495-WS PLANT CAPACITY CHARGE FEE: WA TER: COMMISSION APROVED WATER GALLONS: COMMISSION APROVED FACTORED ERCs: OMDE BY 12 MONTHS COMMISSION APPROVED AVERAGE ERCs: CONSUMPTION PER ERC: DMDE BY 365 DAYS GAlLONS PER DAY PER ERC COMMISSION APPROVED CHARGE: GALLONS PER DAY PER ERC COMMISSION APPROVED PLANT CAPACITY CHARGE PER GALLON: WASTEWA TER: COMMISSION APROVED WASTEWATER GALLONS: COMMISSION APROVF.D FACTORED EI'CS: OMDE BY 12 MONTH~j COMMISSION APPRO'IED AVERAGE EF;Cs: CONSUMPTION PEF~ ERC: OMDE BY 365 DAYS GALLONS PER DAY PER ERC COMMISSION APPROVED CHAFWE: GALLONS PER DAY PER ERC COMMISSION APPROVED PLANT CAPACITY CHARGE PER GALLON: ..........--""-...,,... ....~ ,~.~ ...... - ---.~-~~ -- ~.'" 16G 3 SUPPLEMENTAL SCHEDULE NO.9 10,222,626,547 1,316,154 12 109 680 93.205 ~ 255 $700 255 $2.74 3,202,582,931 614,793 12. ~ 62,510 ~ 171 $1,300 171 $7.59 .... ..--............_ _"..._---..........""O;~.~--~, or_.,...oII ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 31 16G 3 SSu/ AMELIA ISLAND SCHEDULE 10-B ~T.T.oWJ.BC1l: FOR nmDS PRt1Dlm'TLY l'NVESnD WATER 'I'RJlNSMISSION AND DISTRIBUTION 1997 199B 1999 2000 2001 January $ 10 $ 126 $ 248 $ 379 $ 520 February 19 136 258 390 533 March 29 146 269 402 546 April 39 156 280 414 55B May 48 166 291 426 571 June 58 176 302 437 584 July 66 186 313 449 596 August 77 197 324 461 609 September 87 207 334 473 622 October 97 217 345 484 634 November 106 227 356 496 647 December 116 237 367 508 660 NOTES: 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC's is 779 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 660 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 32 16G 3 ssuj AMELIA ISLAND SCHEDULE 10-C ~LOWANCE FOR FUNDS PRtJDXN'l'L'X: n;yJr:STXD WASTEWATER COLLECTION 1.ND PUMPING 1997 1998 1999 2000 2001 January $ 16 $ 214 $ 418 $ 636 $ 871 February 33 231 436 656 892 March 49 248 454 675 913 April 66 255 472 694 934 May 82 282 490 714 955 Ju.'"le 99 298 508 733 976 July 115 315 526 753 997 August 132 332 544 772 1,018 September 140 349 562 792 1,039 October 155 366 5S0 811 1,060 November lSl 383 598 831 1,081 December 197 400 617 850 1,102 NOTES: 1- The amounts indicated above are per ERC. (ERe - 155 gpd) 2. The number of remaining ERe I s is 930 3. If the number of remaining ERC's has not connected by Decemb~r 31, 2001, the maximum charge of $1,102 remains in effect after December 31, 2001. . .. ~ -/ ~ ", ~ <, "." ~~ .:'..... ; .' : ~, 'f J. f'- . ... J ~<_ : .!.. ,~. ...: .';1 ' ~ '" ... . .~ 1 ~ .~ ;"..; '. '; ~..... '..- ...1, ~~""~\.:~; . ".,... . ..~ ...;-' l' ;...... .., ~.._.. , .... I" -. ,!,. ',i. ! ~ - ,; ..," .~ . " ""',. ~"~..~,:,.:.:,-:,, ':;: / .' ; ":,' "(~" ~ r :..l.~ ~~ ,;,',;; , ',' ..... ." .' to'. ~. r.. ' .. '. ... ..5' ,.... ..~~:,: /~'-:!.. . .. ~.. . f ," , ~". \.,', ...., ' ~-, ; ~ ' . ;. , .. I ~ .:-", ' ...~' ~"., , ; " '"~t, ~ ".": . . '. " ~,: ,-;' to ~ a ; ~ .. . ." ::- I: " '.-" ," '4,\,;~:'j ,'~, . ~;~';"~~"~~' ,. ~: .' , .: a. "~ };{,;f:,;.:.: ,~ !"~, ., -, - ~. ~ ,',; :...1 ;'. ;'.'- . .~ ' . :. <' ..~~ ~;,~ . ~., - ~ .~'.-' ~ ; ": .~ '!~,/."~ .; .... ,~ :: ~\..: ~ :~,"7. ~ ,,~ - ~ "1-.. . .......... ; ~.\ '. Os- .--'l -:;.t " '1" ... . :jo ;.'. ~," . .", :.~ ,"" -' ~ ... ~'" .." 1-.' ~ . : .. .' ,-,' ~. :':~': .= ; -:,~'}i' '~;.:,:'~~: ~.;::; -. '~'" .. ':' .. ~. ,,,,;',:~. .,. ", j\:;:~; , ,', . ':1 ':. ',': .. ~ ',.. -.. .. .... "'. ., ~'~':'~:.:!:: .~~~;;. ::~,/~{ //~:l . J~: ~;'l~' .~' : ; -,;~,;,:; ,~':~~: ,:-r~:'~8 '! i. -~#_-"',-~ .: ~ ~ : .~ :' - ~ ~ . {I, , "..:' . ,~ ,0' ~ t ~ . ...; '#. !::.; : '. " I l ~ :~~ # ~>. ~: . '. ~ <. -: .' ....: ..' :r', '..-!' /. ..---. -.- ,------ ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 33 16G 3 ssu/ APA~rlE SHORES SCHEDULE 10-A 1T.L01O.HClI: POR I'tl'NDS PRUDlmTLY TWV'KSTED WATER SUPPLY AND TREATMElIT 1997 1998 1999 2000 2001 January $ 5 $ 70 $ 136 $ 207 $ 283 February 11 75 142 213 290 March 16 81 148 219 297 April 21 86 154 226 303 May 27 92 159 232 310 .1une 32 97 165 238 317 July 38 103 171 245 324 AOlgust 43 108 177 251 330 Septerrber 48 114 183 257 337 October 54 119 189 264 344 Noven6er S9 125 195 270 351 December 64 130 201 276 358 }lOns: 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERe's is 58 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum crArge of $ 358 remains in effect after December 31, 2001. , . , , -.; ..~.~I;':.. 'r'3~t' '.~:.I..~_ .. .J : .....~' ;-"\.'." -:. ;~~ ....,~ <~:C::-r~::;',//. :::r>. " ~;</~'_:~ ~;~.. ','::::~::(,~~. <:'" , ':';:;;~"!.: " '. I < ,,', ';~'.i-.~ " ':': .~;, ;~', . '>j " "):..~ I~V""l__...-..._....,'~"'''' ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 34 16G 3 ssu/ APACHE SHORES SCHEDULE 10-B . T.T.o1OJfClf FOR ,,-mm S PilUD1nM"t.. Y TWV1!I: ST'ED WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 1 $ 7 $ 14 $ 21 $ 29 February 1 7 14 21 29 March 2 B 15 22 30 April 2 9 15 23 31 May 3 9 16 23 31 June 3 10 17 24 32 July 4 10 17 25 33 August .. 11 18 2S 33 september S 11 18 26 34 October 5 12 19 27 3S November 6 12 19 27 36 Decell'.Der 6 13 20 28 36 nons.;. 1- The amounts indicated above are per ERC. (ERC .. 217 gpd) 2. The number of remaining ERC' s is 140 3. If the number of remaining ERe's has not connected by December 31. 2001, the maximum charge of $ 36 remains in effect after December 31. 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 3S 16G 3 ssu/ APACHE SHORES SCHEDULE 10-C .T.TnwJJIlCK FOR. .,nmS PR.tlD1mTLY TWVlI:ST'XD WASTEWATER COLLECTIon AND PUMPING 1997 1998 1999 2000 2001 January $ " $ 50 $ 98 $ 150 $ 205 February 8 54 102 154 210 March 12 58 107 159 215 April 16 62 111 163 220 May 19 66 115 168 225 June 23 70 119 173 230 July 27 74 124 177 235 August 31 78 128 182 240 September 3S 82 132 186 245 October 39 86 136 191 250 Noverr.b-:r 43 90 141 195 255 Deceml:er 47 94 145 200 260 HQ;r'ES: 1.. The amounts indicated above are per ERe. (ERC . 155 gpd) 2. The number of remaining ERC I S is 84 3. If the nu~r of remaining ERe's has not connected by Dccemb~r 31, 2001, the maximum charge of $ 260 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 36 16G 3 ssu/ APACHE SHORES SCHEDULE 10-D ALt.OW>>l~ POll rmma PIUmnM"LY nNKSTEI) WASTEWATER TREATMEN'l' 1\ND DISPOSAL 1997 1998 1999 2000 2001 January $ 7 $ 87 $ 169 $ 257 $ 352 February 13 93 176 26S 360 March 20 100 183 272 369 April 27 107 190 280 377 May 33 114 198 288 385 JU:le 40 121 205 296 394 July 47 127 212 304 402 AUguit S3 134 220 312 411 Septemher 60 141 227 320 419 October 67 148 234 327 428 November 73 154 241 335 436 December 80 161 249 343 445 l;OTJl:S: 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERe's is 46 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximu:n charge of $ 445 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 37 16G 3 SSu/ APPLE VALLEY SCHEDULE 10-B U.T.o1O.NCK 'POR ~g PRUDKN'I'LY TNVKSTXD WATER TRANSMISSION AND DISTRIBUTION 1997 199B 1999 2000 2001 January $ " $ 48 $ 96 $ 149 $ 206 February 7 52 101 154 211 Marc~! 11 56 105 158 216 Apr..l 15 60 109 163 221 May 18 64 114 168 226 June 22 68 118 172 231 July 26 72 122 177 236 August 29 76 127 182 242 september 33 80 131 187 247 October 37 84 135 191 252 November 41 88 140 196 257 December 44 92 144 201 262 Nons: 1. The amounts indicated above are per ERC. (ERe. 217 gpd) 2. The number of remaining ERC's is 590 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 262 remains in effect after Dece~~r 31. 2001. 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 38 SSU/ APPLE VALLEY SCHEDULE 10-C 6IJ:&P.1n.NCll: "OR I"t1NIlS PRtm'ImTLY 'fWVE$1XD WASTEWATER COLLEC'TION AND pUMPING 1997 1998 1999 2000 2001 Ja.nu~ry $ 3 $ 38 $ 75 $ 115 $ 159 February 6 41 78 119 163 March 9 44 82 122 167 April 12 47 85 126 170 May 14 50 88 130 174 June 17 53 92 133 178 July 20 56 95 137 182 AUgust. 23 59 98 140 186 September 26 62 102 144 190 October 29 6S 105 148 194 November 32 69 109 151 198 December 35 72 112 155 202 Npns.: 1. The amounts indicated above are per ERC. (ERC . 155 gpd) :2. The number of remaining ERC I S is 23 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 202 remains in effect nfter December 31, 2001. 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9504~5-WS PAGE 39 SSU/ BAY LAKE ESTATES SCHEDULE 10-B ALLOWANCE FOR rmms PRODlDiTL Y rNVll:STKD WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 1 $ 16 $ 32 $ 46 $ 66 Febrwiry 3 19 33 50 67 March 4 19 34 51 69 April 5 20 36 53 71 May 6 21 37 54 72 JW1e 8 23 39 55 74 July 9 24 40 57 75 August 10 25 41 58 77 September 11 27 43 60 78 October 13 26 44 61 80 November 14 29 45 63 82 December 15 30 47 64 63 Nons: l. The amounts ~ndicated above are per ERC. (ERe.. 217 gpd) 2. The number of remaining ERC' s is 26 3. If the number of remaining ERC's has not connected by Dece~~r 31, 2001, the maximum charge of $ 63 remains in effect after Dece~r 31, 2001. . I. ' . # . , '., '. ,. ~ '. ~ .'. . , 'r-;< .' __ ..' ~ . ", ,; I '.,: . :." " . ...... .;'. 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 40 ssu/ BEECHER'S POINT SCHEDULE 10-B }r.uno.xc:1l: FOR I'tMI)S PRt1tl1rMTLY T1IVESTED \orA'I'ER TP~SMlSSION AND DISTRIBO'l'ION 1997 199B 1999 2000 2001 January $ 8 $ 101 $ 200 $ 307 $ 423 February 16 109 209 316 433 March 23 118 218 326 444 April 31 126 226 336 454 May 39 134 235 345 465 Ju.'1e 47 142 244 355 475 July 54 150 253 364 486 A'..lgust 62 158 262 374 496 September 70 167 271 384 506 October 78 175 280 393 517 November 85 183 288 403 527 December 93 191 297 413 538 H Q'I"E S : 1. The amounts indicated above are per ERe. (ERe . 217 gpd) 2. The number of remaining ERC' s is 30 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 538 remains in effect after December 31, 2001. ~ __ ._ _~ ..._......_.,.__..~._......1I_----. ......._4.-tl >-_.__._-----------_..~----~ .. "lIil._~---.- . . ...,. . ~ '" I' ~ '" ". ". ~ 16G " /' ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 41 ssu/ BEECHER'S POINT SCHEDULE 10-C 1T,T.l'l1ifANCK FOR rmrns PRODXNTLY rNVESTXD WASTEWATER COLLECTION AND PUMPING 1997 1998 1999 2000 2001 January $ 9 $ 119 $ 233 $ 356 $ 489 February 18 129 243 367 501 March 27 138 254 378 512 April 37 148 264 389 524 May 46 157 274 400 536 June 55 166 284 411 548 July 64 176 294 422 560 August 73 185 304 ..33 572 September 82 195 315 444 584 October 91 204 325 455 595 November 101 214 335 466 607 December 110 223 345 477 619 HO.nS..t 1. The amounts indicated above are per ERC. (ERC .. 155 gpd) 2. The number of remaining ERe's is 17 3. If the number of remaining ERC's has not connected by December 31, 2001. the maximum charge of $ 619 remains in effect after December 31, 2001. . " '. . . '1 , '. ... Jt ~ . ;"..: .. ~.. . '. . :;.. ,;"~, . I....... ., ., Jt~ ~! . . '. · .~..~~-i~..~ . ,""..., " ' .. ~ ; ~ ~. , ,. ~ ".; . .. . .: . ~. ~.: ." ....):.. " ...., " j ,',. : '1 '.' ~'..t:' ~, '" ,:. . " , , " 10,;', ' : ,t' ~ _J': , .... :.:- : -:. '.' ,f ",r'o' I .~ ,~. : ; .1 ..~.::: .:!. ~~.c..:._~:,.. ~. ~ .:.~.; , ~- . . ."''' ~:' t'ol !'~<". , ".1.- :. ~''':: ~ ~.....:-...,..r ;' ~'~.?:'!:~: . ~ -", ..." .. ',"..:.;' :,~:...., , '..!.~ '," -~ , ,." - . ~ ! ,,". ..' . 1".. 'f., ,J ,. , !, .....,J ,i) '~r:,'C~i~ >: .:;: "~; :':.T f ',' \ ,.' ',', < :: ~:;:. ?i~ '. ~ .. If ,-I ~, ,.: ".>.,-j ~ :);;i,;~i: .J;., ,;. /, .;: ~.' ~ 4, 'J,~:' ~:::.;'~J.j: ".;. :~~.'~":~'.~': "";" .' ;..,.:: t'::.~' :. ". " " .', ,{~.: +'. ";.."~. ".. : ,t ;;,t : :"),1 ,~.~~>;j . .. ". ".,~;' I- j .~' I:. :'1 ..<"~:~:~' f .~ ~")'. '.' .. ".:~"P: -.... . ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 42 16G 3 Ssu/ BEECHER'S POINT SCHEDULE 1. 0 - D ~1'.T.Q1f1]fCll: POll 'J"'mlmt; PllUDmn'LY TWV:KSTKD WASTEWATER TREATMENT AND DISPOSAL 1.997 1.998 1.999 2000 2001 January $ 6 $ 83 $ 161 $ 246 $ 337 February 1.3 89 168 254 345 March 19 96 175 261 353 April 25 102 182 269 361 May 32 109 189 276 369 June 38 115 196 284 377 July 45 122 203 291 3B6 AUg'.lst 51 128 210 299 394 September 57 135 217 306 402 October 64 141 224 314 410 Novemoer 70 148 231 321 418 December 76 154 238 329 426 NonS~ 1. The amo~ts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 37 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 426 remains in effect after December 31, 2001. " :1'-' , ' . . , . . ~. , , , 'l.,'.;.....~: ~.' . ,. , , < 'f' ,~,:. '. '. : ,: ....1. t, ./"::. .... , ". ,", 1~ '-~ .', -, ,-' , , I, ; ~-,- ., ..'.' ",,,. )I.:' l6G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 43 SSU/ BUENAVEN'I'URA I..AKES ~CHEDULE ~O~D IT.T.mn.Nc:J: 1'0R rmms PRUD1mTLY TRVlfSTXD WASTEWATER TREATMEN"l' AND DI SPOSAL ~997 1998 1999 2000 2001 January $ 7 $ 92 $ 179 $ 272 $ 372 February 14 99 U7 280 381 March 21 106 194 289 390 April 28 114 202 297 399 May 35 121 210 305 408 June 42 128 217 313 416 July 49 135 225 322 425 August 56 142 233 330 434 Septerr.ber 64 150 241 338 443 October 71 157 248 346 452 November 78 164 256 355 461 December 85 171 264 363 470 liQD.S.;.. 1- The amounts indicated above are per ERC. CERC . 155 gpd) 2. The number of remaining ERC'S is1,622 3. If the number of remaining ERC's has not connected by December 31. 2001, the maximum charge of $ 470 remains in effect after Dece~:>er 31, 2001. - ~ ~"?"",." ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 44 16G 3 SSu/ BURNT STORE SCHEDULE 10-A 1 T.T .l'l1UNC1I: paR trUND S PRUDtm'TL Y TNV'J( STED WATER SUPPLY AND TREATMENT 1997 3.998 1999 2000 2001 January $ 30 $ 387 $ 700 $ 700 $ 700 February 59 418 700 700 700 March 89 448 700 700 700 April 119 479 700 700 700 May 149 510 700 700 700 June 178 540 700 700 700 July 208 571 700 700 700 August 238 601 700 700 700 September 267 632 700 700 700 October 297 663 700 700 700 November 327 693 700 700 700 December 356 700 700 700 700 NOTES: 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC's is 499 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 700 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 45 16G ) SSU/ BURNT STORE SCHEDULE 10-B 1T.T.mnNCK FOR Ymma ~Rtm1mTLY nrvESTKI) WATER ~ISMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 6 $ 73 $ 143 $ 220 $ 303 February 11 79 150 227 310 March 17 85 156 233 317 April 22 90 162 240 325 May 28 96 169 247 332 June 34 102 175 254 340 .July 39 lOB 181 261 347 August 45 114 188 268 355 september 50 120 194 275 362 October 56 125 200 281 370 November 62 131 207 2BB 377 December 67 137 213 295 3B4 NOTES: 1- The amounts indicated above are per ERe. (ERC - :n 7 gpd) 2. The number of remaining ERe's i83,826 3. If the number of retniJ.ining ERe I s has not connected by December 31, 2001, the maximum charge of $ 384 remains in effect after December 31, 2001. >.....~......""'.___.._,.___jj<..,>>."'"~_'_"I."",.,,"'I''''..,'"'"'''!jj.*',''i-.,.-.,...-.; - --i~--" -.-.- .... 16G .3 OP~ER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 46 SSU/ BURNT STORE SCHEDULE 10-C llL01D.lfCJ: FOR rmms PRUDnrrLY rNVKSTlrn WASTEWATER COLLECTION AND PUMPING 1997 1998 1999 2000 2001 January $ 5 $ 60 $ 118 $ 182 $ 253 February 9 65 124 188 259 "'.arch 14 70 129 194 266 April 19 75 134 200 272 May 23 80 140 206 279 June 28 84 145 212 285 July 32 89 150 217 292 August 37 94 156 223 298 September 42 99 161 229 304 October 46 104 166 235 311 November Sl 108 171 241 317 ~ceTl'.ber 56 113 177 247 324 HaTES: l. The amounts indicated above are per ERC. (ERC . lSS gpd) 2. The number of remaining ERC's i83,895 3. If the number of remaining ERC' s has not connected ~I December 31, 2001, the maximum charge of $ 324 remains in effect after December 31, 2001. '. .',. ,.- . .~ 'f' I' . , ",'., ~". . 0' e'.. ;,~ ~}/ . ',. ,. . " . ..', ~ . /. " ;',~-'~ t '~ "," :.: " , '. . . ~ .. J ".~. .. ,) ...... ''''- ~ . . o. , ' .. '.:... , -":'-'. -f':-. " J .~ " ~:' :. .. j .. f', '. ~: ~:,~ . .~.;._~f"':"; . " i ..... ~.". : !:.:. >:-' . "., : ,... ..... " 'i .: ~ .... . . . ~ '.- ,,,,;"'-:* .~.. ~:.'. ::;.~, ~~ ,::~;:~ , . ~: ~ (~ ~ > '; : ..... ;'i' . . . ,~ I- . ., . ~ ....,. I:..., . . ~ {.~- .". ~;~ .. , .f ~ ::':> :, f'.';,\;, . ..j.-, ...",..: . , ' , , '. ~:' ,'~ ~ ~.. ~:_.; -. ,~.:~~ " ' ~-~ : .,~... .. _.~ ,.:1 ./ ;", .. ) ,,::~;.~ . ',',: :.)" '1' ~'-:- . .. .' " . ..,. . . I',' ; '4 ~ 'Iri:.' .~ '; :.':/j'J ,_ ," '."J' \ . t .~# J,. ,...; ~:~ ..'~ ~ -t' '..~~;: .;'_.. _~ .~.o;~~j~;: ; ~.~ :::~ <~; ,Ot ~.' .:-..., " ...: (.,',~, ....~ . :' . .... . ~.'; .~~. .' "..:' .,''': '. .~: ,:i:'" ~;.;. ,; i /,' ."": ,. . ~ ,1'0' .. .. -'.- ~ ,:.._ .. _ "'1.' ~ \ ~~ , .' '.'~ <:2 \,v"t . ;'j .' ". .' ~ ..t4~' ., ' ': .~, .. , I .,'., ' ~>~~ ,.'1 . ' ;,...:.... ;' ....r :... ";; '~ :: n ~ ~ . . ... .'# :,: '.; ~.' (i > ,.~t;::j;Hi 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 47 SSU/ BURNT STORE SCHEDULE 10-D 11T~ct PO~ YrrHDg PRUDVNTT..Y TmTESTlm WASTEWATER TREATMENT AND DISPOSAL 1997 1998 1999 2000 2001 .January $ 7 $ 93 $ 179 $ 271 $ 370 February 14 100 187 279 378 March 21 107 194 287 387 April 29 114 202 296 396 May 36 121 209 304 405 .June 43 128 217 312 413 .July 50 136 225 320 422 AUgust 57 143 232 328 431 September 6' 150 240 336 440 October 71 157 248 345 449 November 78 164 255 353 457 December 86 171 263 361 466 m:n:I.SJ.. 1. 'rhe amounts indicated above are per ERC. (ERC . 155 gpdl 2. 'rhe number of remaining ERC'S is 318 3. I f the number of remaining ERC' s has not co::lDected by December 32, 2002, the maximum charge of $ 466 remains in effect after December 32, 2001. --"',---_-.- "'V_-~ .. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 95049S-WS PAGE 48 16G 3 ssu I CARLTON VILLAGE SCHEDULE 10-B I. T. T.mr11iC1l: "O~ Y'O'lfDS p~t:m1m'7'L Y TWV1!:~TJm WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 4 $ 57 $ 114 $ 175 $ 241 February 9 62 119 180 247 March 13 67 124 186 253 April 18 71 129 191 259 May 22 76 134 197 265 June 26 81 139 202 271 July 31 85 144 208 277 August 35 90 149 213 283 September 39 95 154 219 289 October 44 99 159 224 295 November 48 104 164 230 301 December 53 109 169 235 307 NOTES: 1- The amounts indicated above are per ERC. (ERC .. 217 gpd) 2. The number of remaining ERC' s is 186 3. !f the number of remaining ERC I S has not connected by December 31, 2001, the mLxi~~ charge of $ 307 remains in effect after December 31, 2001. ----- ...... ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 49 16G 3 SSU/ CHULUO"I'A SCHEDtJ"LE 10-A JT.r.oW1NClI: !'OR !'tIHDS PRUD~Y TW'nSTKD WATER SUPPLY AND '!"REA'l'MEN'I' 1997 1998 1999 2000 2001 January $ 0 $ 4 $ 7 $ 11 $ 16 FebruAry 1 4 8 12 16 March 1 4 8 12 17 April 1 5 8 12 17 May 1 5 9 11 17 June 2 5 9 13 18 July 2 6 9 14 18 August: 2 6 10 14 18 Septe~r 3 6 10 14 19 October 3 6 10 15 19 Novet:1ber 3 7 11 15 20 Dece~r 3 7 11 15 20 }{pT'KS : 1. The amounts indicated above are per ERC. (ERC ~ 217 gpd) 2. The number of remaining ERC I S is 994 3. If the number of remaining ERC'G has not connected by December 31, 2001, the maximum charge of $ 20 remains in effect after Dece~Der 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 50 16G 3 SCHEDULE 10~B SSU/ CHULUOTA :U.r.tnnJl~ POR Fmmfl Ptttm'IfWTLY D(YESTKD WATER TRANSMISSION AND DISTRIBUTION 1.997 199B 1.999 2000 2001 January $ 12 $ 155 $ 310 $ 480 $ 665 February 24 168 325 495 682 March 35 181 339 511. 698 April 47 193 353 526 700 t'.ay 59 206 367 541 700 June 71 219 381 557 700 July 83 232 395 572 700 August 95 245 409 587 700 saptember 106 258 423 603 700 October 118 271 437 618 700 november 130 284 451 633 700 December 142 296 465 648 700 NOTES: L The amounts indicated above are per ERC. (ERC . 217 gpdl 2. The number of remaining ERC' s is 227 3. If the number of remaining ERC'S has not connected by December 31, 2001, the maximum charge of $ 700 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 51 16G 3 SSU/ CHULUOTA SCHEDULE 10-C J..T.T..owJ.XCZ FOR YmmS PRtm1rHTLY nfV'I!UITlm WASTEWATER COLLECTION .NID PUMPING 1997 1998 1999 2000 2001 January $ 81 $1,064 $1,300 $1,300 $1,300 February 163 1,152 1,300 1,300 1,300 March 244 1,240 1,300 1,300 1,300 April 325 1,300 1,300 1,300 1,300 Bay 407 1,300 1,300 1,300 1,300 June 488 1,300 1,300 1,300 1,300 July 569 1,300 1,300 1,300 1,300 August 650 1,300 1,300 1,300 1,300 September 732 1,300 1,300 1,300 1,300 October 813 1,300 1,300 1,300 1,300 lioverr.her 894 1,300 1,300 1,300 1,300 December 976 1,300 1,300 1,300 1,300 1iQ1ES : 1- The amounts indicated a~'e are per ERe. (ERe . 155 gpd) 2. ~he number of remaining ERC's is 19 3. :f the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $1,300 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 52 16G 3 SSU/ CHU"'iJUOTA SCHEDULE 10-D 1t.L01fANCJ: POR. nnms PR.UDlm"l'LY TNV'KS'Mrn WASTEWATER TREATMEN'I' AND DISPOSAL 1997 1998 1999 2000 2001 January $ 33 $ 430 $ 855 $1,300 $1,300 February 66 465 893 1,300 1,300 March 99 500 930 1,300 1,300 April 132 535 968 1,300 1,300 May 164 571 1,006 1,300 1,300 J'..U1e 197 606 1,044 1,300 1,300 July 230 641 1,081 1,300 1,300 Acgust 263 676 1,119 1,300 1,300 September 296 711 1,157 1,300 1,300 October 329 747 1,195 1,300 1,300 November 362 782 1,232 1,300 1,300 December 395 817 1,270 1,300 1,300 H.onA..t 1- The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERe' s is 178 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $1,300 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 53 16G 3 ssrrj CITRUS PARK SCHEDULE 10-C U.T.t'llGNc:J: POll nnms PRtlDtm'l'LY TNV'llSTltD WASTE""'ATER COLLEC'l'ION AND PUMPING 1997 1998 1999 2000 2001 January $ " $ 56 $ 110 $ 167 $ 229 February 9 61 114 172 234 March 13 65 119 177 240 April 17 63 124 182 245 May 22 74 129 187 251 June 26 78 133 192 256 July 30 83 138 198 262 August 35 87 143 203 267 September 39 92 148 208 273 October 43 96 152 213 278 November 47 100 157 218 284 December 52 105 162 223 289 NO'TES~ 1. The amounts indicated above are per ERe. (ERC . 155 gpd) 2. The number of remaining ERC's is 97 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 289 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 54 16G 3 SSU/ CITRUS P1>JU( SCHEDULE 10-D \ T. T .rnn.1!IeJI: POll. l"'D'IIDa Plltm1rM'TL Y ~'l'XD lO.STEWA"l"ER TREATMENT AND DISPOSAL 1997 1998 1999 2000 2001 Ja."1uary $ 3 $ 37 $ 71 $ 107 $ 145 February 6 40 74 110 148 March B 42 77 113 151 April 11 45 80 116 155 May 14 48 83 119 158 June 17 51 86 122 162 July 20 54 89 126 165 August 23 56 92 129 168 September 25 59 94 132 172 October 28 62 97 135 175 November 31 65 100 138 178 December 34 68 103 141 182 H~S: l. The amo~"1ts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERe I s is 333 3. If the number of remaining ERe "8 has not connected by December 31, 2001, the maximum charge of $ 182 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 95049S-WS PAGE S5 16G :; SSU/ CITRUS SPRINGS SCHEDULE 10-A :t.r.r.tnDJfCl: .,OR nnms PRUDlmTLY nlVl!:ST'KD WATER SUPPLY AND TREATMEN'I' 1997 1998 1999 2000 2001 January $ 0 $ 1 $ 2 $ 3 $ 4 February 0 1 2 3 5 March 0 1 2 3 5 April 0 1 2 3 5 May 0 1 2 4 5 June 0 1 3 4 5 July 1 2 3 4 5 August 1 2 3 4 5 September 1 2 3 4 5 October 1 2 3 4 5 November 1 2 3 " 6 December 1 2 J 4 6 HD'!"E g : l. The amounts indicated above are per ERe. (ERC . 217 gpd) 2. The number of remaining ERC' s is 994 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 6 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 95049S-WS PAGE 56 SSU/ CITRUS SPRINGS 16G 3 SCHEDULE lO-B 1T.tnwUl~ peR PmmS PRODDTLY T1IV:I:STKD WATER TRANSMISSION AND DIS'I'RIBUTION January February March April May June July August September October November December NOTl[S : 1997 $ 1998 5 10 15 20 26 :n 36 41 46 51 56 61 $ 67 72 77 83 88 93 99 104 109 115 120 125 1999 $ 131 137 143 149 155 160 166 172 178 184 189 195 2000 $ 202 208 214 221 227 233 240 246 252 259 265 271 2001 $ 278 285 292 299 306 313 320 327 334 340 347 354 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC's is9,723 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 354 remains in effect after December 31, 2001. , , )' , ",' ~. ~. -'.. '.,,' .:.,'-:-" . ... ~ ~ ;.. ~ ~ ~) :.1. ,! '," .' .' ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 57 16G 3 : ~ .~ ~ 1 ."'.; . -of; . I, _?'".'; , , .,"; . . 5";," .~ . t : ,j -,.: , ". ~ \ . t , .' :'. '.. , L .' L .' '., SSU/ CITRUS SPRINGS SCHEDULE 10-C . . i:ij,' U.T,ow1HClI: FOR rmrns PRtlDtnn"LY THVESTED WASTEWATER COLLECTION AND PUMPING 1997 1998 1999 2000 2001 January $ " $ Sl $ 98 $ 152 $ 211 February 8 SS 103 lS7 217 March 12 S9 107 161 222 April 16 63 112 166 228 M3.Y 20 67 116 171 233 June 24 71 120 176 239 July 27 74 125 181 244 Augus t 31 78 129 186 250 September 35 82 134 191 255 October 39 86 13R 196 261 November 43 90 142 201 266 December 47 94 147 206 272 HQnS~ l. The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC's is 397 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 272 remains in effect after December 31, 2001. .r ." . . . . .~.~... ;,:." / ,. .', v .: .:::; :~. / ;:\ '. : ,';.. ,r,',. -.. ...', ::.' .. .:_. " .,:.",' ..~' .- ...,.... :.~ .. '.' ,. '.I ;\ 'Jt 1,' ".:', ~,..'::...1,' ~'i . ~.. J ... ,_r~ ~~{ :,. ':," ..~ ' ~", ~ ", ~<>":'i ... .....' .;. ", ..~ 'i J,:~" I. . ': .' ....,~ .' > '.;' . _~. . I : :'~ .~, "~'r ." . "', , . . ;:', ...: "':.'. '. -'~" , : ~ ',: tj' . ~J: ~.' '; .: , "" :_ .- i1; ~'" .:.~~. "~..:: l," f..., .. _:~, I " .1, : j..: ~ ~ ~ ...: ~ :."~; , ~ . '~~,;, )';1 :- :~'f..~';; ;-~:;1 ,,' ...! ': .' ...~ I' , ~ ~..., ~"', 1" -,! , .' ~,'~. ,,:',':,.} -;' {J{Y '.';" .. '.: ::~ ~ l'~ . J .... ~... ':.~~~~~~ . ;: :'~ : <: :~f~,}, . ,\ " -:. -~. . ".. .~.. . .~ ';:. . .', ~, ; '''a :: '. ',. - .-: ,. . ......' ,.- .. ~.- . ... .. . ! . ..... ....., . - " . ~,':'~',>: . . ~:; ~ .~ : ,~: "';.. ~.~ ~ . J _.1 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 58 16G 3 SSU/ CITRUS SPRINGS SCHEDULE 10-D 1I. T .T.mo.NC!K PO~ 1I"URDS PRtmlmTL Y "TWV'ZSTXD WASTEWATER TP.EATMENT AND DISPOSAL 1997 1998 1999 2000 2001 January $ " $ 52 $ 98 $ 147 $ 199 February 8 56 102 152 204 March 12 60 107 156 208 April 16 63 111 160 213 May 20 67 115 165 218 June 24 71 119 169 222 .:ruly 28 75 123 173 227 August 32 79 127 178 231 September 36 83 131 182 236 October 40 87 135 186 240 Noyember 44 90 139 190 245 December 48 ~4 143 195 249 Nons: 1. The amounts indicat~d Above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC' s is 333 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charg~ of $ 249 remains in effect after December 31, 2001. 1. __"_~,_",__."",".._...",..,,,..,.,,,...-,,,&,...,,,,~,,,,,,,,"-L",""~~'~,,,,",","~""'1'_''''_''' ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 95049S-WS PAGE 59 16G 3 SSU/ CRYSTAL RIVER SCHEDULE 10-A ItrT.t'JV1-CE POR YmlDS PtmD1m"!'t.T 'Il'IV'XSTXD WATER SUPPLY AND TREATMENT 1997 1998 1999 2000 2001 January $ 7 $ 89 $ 175 $ 267 $ 366 February 14 96 182 275 375 March 21 103 190 283 384 April 27 110 198 291 393 }o'.ay 34 118 205 300 401 June 41 125 213 308 410 July 48 132 221 316 419 August 55 139 228 324 428 September 62 146 236 333 437 October 68 153 243 341 446 November 75 160 251 349 454 December 82 167 259 357 463 J;OTKS: l. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is 90 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 463 remains in effect after December 31, 2001. lIf . ____....,.."'_"_.__..,;.'.. ",'~J'.l.."~,,",,_,,,,,,,,",,;,,,:,,,,",,,"""'k'" ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 60 16G 3 SSU/ CRYSTAL RIVER SCHEDULE 10-B 1LL01O.NCI: FOR rmms PRVClmTLY i~STm) WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 4 $ 5S $ 108 $ 165 $ 227 February 8 59 113 170 233 March 13 64 117 176 238 April 17 68 122 181 244 May 21 72 127 186 249 JW1.e 25 77 132 191 255 July 29 81 136 196 261 August 34 86 141 201 266 September 38 90 146 206 272 October 42 94 151 211 277 Nove~r 46 99 155 217 283 Dec~mber SO 103 160 222 288 " HQ11S..;. 1. The amounts indicated above are per ERe. (ERC . 217 gpdl 2. The number of remaining ERC's is 13 3. If the number of remaining EP.C I S has not connected by December 31, 2001. the maximum charge of $ 288 remains in effect after December 31, 2001. T ""'l______...-,....----.......;,..."..-"'...''''~."J...".,..~,..,.''''''''."">",-"--^,,,,,'-'-<'-"~""""~"'"-";-~'--' -- -- -.---.- ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 61 ssuj DAETWYLER SHORES -~ .- ~-- - .-.-----lIlJPl:lJlf'".... 16G ~ ',' S I.:H.J:;J.)ULE 1 0 - B IT.T.mr1Wt"1I! FOR l"tlKDa PRtJDDTLT nrvJ:ST1m WATER TRANSMISSION AND DISTRIBUTION January February March April May June July August September October November Decemhe::- NOTES: 1997 $ 3 6 10 13 16 19 22 26 29 32 35 39 1998 $ 1999 42 45 48 52 55 58 62 65 68 72 75 78 $ 82 85 89 93 96 100 103 107 111 114 118 121 2000 $ 125 129 133 137 141 145 149 153 157 160 164 168 2001 $ 172 177 181 185 189 194 198 202 206 211 215 219 1. The amounts indicated above are per ERe. (ERC - 217 gpd) 2. The number of remaining ERC' s is 14 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 219 remains in effect after December 31, 2001. ~ -- - ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 62 ssu/ DEEP CREEK 16G 3 SCHEDULE 10-B ALL01r.AN~ '"OR nnrns PRUD~ y TWV'1!:STKD WATER TRANSMISSION AND DISTRIBUTION January February March April May June July August September October November De<;ember NOTltS: 1997 1998 $ 6 $ 80 12 87 18 94 25 100 31 107 37 114 43 120 49 127 55 134 61 141 68 147 74 154 1999 $ 161 168 176 183 190 197 205 212 219 227 234 241 2000 $ 249 257 265 273 281 289 296 304 312 320 328 336 2001 $ 345 353 362 371 379 388 396 405 414 422 431 440 1.. The amounts indicated above are per ERC. (ZRC - 217 gpd) 2. The number of remaining ERC I S is 3.715 3. If the number of remaining ERe' s has not connected by December 31, 2001, the maximum charge of $ 440 remains in effect after December 31. 2001. . I' ~.., -. . . . .. 1>. ~ . 1" ,.. ; :. . , . ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 63 16G 3 ssu/ DEEP CREEK SCHEDULE 10-C ALL01O.NCl: POR rmms P'RtmDTLY nrvESTltD WASTEWATER COLLECTION AltO PUMPING 1997 1998 1999 2000 2001 January $ 2 $ 25 $ 51 $ 80 $ 113 February " 27 S3 83 116 March 6 29 56 86 119 April 8 31 58 88 122 May 10 34 61 91 125 June 11 36 63 94 128 July 13 38 66 97 131 August 15 40 68 99 134 September 17 42 70 102 137 October 19 44 73 105 141 No....ember 21 46 75 107 144 December 23 49 78 110 147 NOTl!t~ : 1. The amounts indicated above are per ERe. (ERC . lS5 gpd) 2. The number of remaining ERe's is3,708 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 147 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 64 16G 3 SSU!DELTONA LAKES SCHEDULE 10-A JT.T.mD.WC1r paR. rmms PR.UDKN'l'LY YN'V'KST1!:D WATER SUPPLY AND TREATMENT 1997 1998 1999 2000 2001 January $ 1 $ 10 $ 20 $ 31 $ 42 February 2 11 21 32 43 March 2 12 22 33 44 April 3 13 23 34 45 May 4 14 24 35 47 June 5 14 25 36 48 July 6 15 25 37 49 August 6 16 26 38 50 September 7 17 27 38 51 October e 18 28 39 52 November 9 18 29 40 53 December 9 19 30 41 54 ~ l. The ~~unts indicated above are per ERe. (nc . 217 gpd) 2. The number of remaining ERC' s is 4 , 906 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 54 remains in effect after December 31, 2001. 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 65 SSU/D~~T~NA LAKES SCHEDULE 10 - B :I.T.T.n1f1UCll: FOR. FmmB Pllt1D1m'TLY T1IIVII:STED WATER TRANSMISSION AND DISTRIBUTIOlt 1997 1998 1999 2000 2001 January $ 2 $ 28 $ 56 $ B6 $ 119 February 4 31, 59 89 122 March 7 33 61 92 125 April 9 35 64 94 128 May 11 38 66 97 130 June 13 40 69 100 133 .July lS 42 71 102 136 August 17 44 73 105 139 September 20 47 76 108 142 o::tober 22 49 78 110 145 ~ovember 24 51 81 113 148 December 26 54 83 116 151 tJp-ns : l. The amounts indicated above are per ERC. (ERC .. 217 gpd) 2. The number of remaining ERC'S is10403 3. If the number of remaining ERC'S has not connected by December 31, 2001, the maximum charge of $ 151 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. '950495-WS PAGE 66 16G 3 SSU/DELTONA LAKES S\.:li.IillULE 10 - C .JJ.LOWANCK FOR rmms PRtmmlTLY nJVlI:STKD WASTEWATER COLLEC'I'ION AND PUMPING 1997 1998 1999 2000 2001 JAnuary $ 7 $ 89 $ 174 $ 265 $ 364 February 14 96 182 274 373 March 21 103 189 282 382 April 27 110 197 290 390 May 34 117 204 298 399 JWle 41 124 212 306 408 July 48 131 219 314 417 August 55 138 227 323 426 September 62 146 235 331 434 October 69 153 242 339 443 November 76 160 250 347 452 Decet!lber 82 167 257 355 461 limES: l. The amounts indicated above are per ERe. (ERC - 155 gpd) 2. The number of remaining ERe' s is 301 3. I f the number of remaining ERe' s has not connected by December 31, 200::', the maximum charge of $ 461 remains in effect after December 31, 2001. loG 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 67 SSU/DELTONA LAKES SCHEDULE 10-D J.LLOWA1fCK !'OR I""ll'NDS PRUDDTLY :IliVXSTED WASTEWATER TREATMENT AND DISPOSAL 1997 1998 1999 2000 2001 January $ 15 $ 190 $ 371 $ 566 $ 775 February 29 205 387 583 794 March 44 220 403 600 813 April 58 235 419 618 832 May 73 250 436 635 850 June 88 265 452 652 869 July 102 280 468 670 888 Aug-..1S t 117 295 484 687 906 September 131 310 500 704 925 October 146 325 516 722 944 November 161 340 532 739 963 December 175 355 548 757 981 RODS..:. 1- The amounts indicated above are per ERe. (ERe . 155 gpd) 2. The number of remaining ERe's i51,050 3. If the number of remaining ERC' a has not connected by December 31, 2001, the maximum charge of $ 9a1 remains in effect after December 31, 2001. - ._-'..-" --,._.__._....~-,... "---" .-.-..".-.-'.-- OP~ER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 66 16G 3 ssuj DOL RAY MANOR SCHEDULE 10-A J T .T..rnnJrC1l: POlt J"'tJHDS PltOD'ImTL Y Yl'lVESTXD WATER SUPPLY AND TREATMENT 1997 1998 1999 2000 2001 January $ 1 $ 12 $ 23 $ 34 $ -47 February :2 1.3 24 35 48 March 3 14 25 36 49 April 4 15 26 37 50 May 5 15 27 38 51 June 5 16 28 39 52 July 6 17 29 41 53 August 7 18 29 42 54 September 8 19 30 43 56 October 9 20 31 44 57 November 10 21 32 45 58 Decerr.ber 11 22 33 46 59 NOTlt S : 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC. s is 128 3. If the number of remaining ERC I S has not connected by December 31, 2001, the maximum charge of $ 59 remains in effect after December 31, 2001. ~- ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 69 16G 3 ssu/ DOL RAY MANOR SCHEDULE 10-11 1Io T.r.mr1llC!K FOR 'f"tl'IIDS PRtrD1m"l'LY TtIlV'IESTlm WATER TRANSMISSION AND DISTRIBUTION 1997 1938 1999 2000 2001 January $ 10 $ 127 $ 237 $ 349 $ 463 February 20 136 246 358 473 March 30 146 255 368 482 April 39 155 265 377 492 May 49 164 274 387 502 June 59 173 283 396 512 July 69 182 293 406 521 August 73 191 302 415 531 September 89 200 311. 425 541 October 99 209 320 434 551 November 108 218 330 444 560 December 11.8 227 339 453 570 1l0'MtS~ l. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERe I s is 1.8 3. If the number of remaining ERC I S has not connected by December 31, 2001, the maximum charge of $ 570 remains in effect after December 31, 2001. _~""_"""'_"_i.,,,,~..._<t,........_._*,--~,,".'^''''''_;' ..1,"'"M',............"'.."'_.O."'. ~..,.."',""",._,'"......."...M."....'~...""'_,...,t_..,,.,~""'",>_~.,~,",..."'''',..".".,.....,"',.~.....~,,''~, ,.,""'."._,.~~_..,.."..;...,._......"'".__..-.,._.~~,.u,._-~..,."--,,...,..."------_.....,-~......~ OF~ER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 70 16G 3 SSU/ DRUID HILLS sCHEDULE 10-B lp..n1O.WClC POR 1m1ID1I P2tm1Dn'LY TlIIVESTlm WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ :2 $ 32 $ 64 $ 99 $ 138 February 5 34 67 102 141 March 7 37 70 105 145 April 10 40 72 108 148 l'.ay 12 ,{2 75 112 152 June 15 45 78 115 155 July 17 48 e1 118 159 August 19 50 84 121 162 September 22 53 87 124 166 October 24 56 90 128 169 November 27 58 93 131 173 ~cernher 29 61 96 134 176 UOTES : 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 88 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 176 remains in effect after December 31, 2001. _,__,__'__l'_~;"''''''_~'<O;,~",,,,,,,,,,-,~,;" 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 71 ssu/ EAST L1U<E HARRIS ESTATES SCHEDULE 10-B J.t.t.o1BB~ FOR nnms PRUD1m"1'LY TNVlESTXD WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 12 $ 154 $ 309 $ 480 $ 668 February 23 166 323 496 685 March 35 179 337 511 700 April 47 192 352 527 700 May 59 205 366 542 700 June 70 218 380 55a 700 July 82 231 394 573 700 August 94 244 408 589 700 september 106 256 422 60S 700 Octo~r 117 269 436 620 700 November 129 282 450 636 700 December 141 295 465 651 700 NpTKS : 1- The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 62 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 700 remains in effect after December 31, 2001. Ir ___""",""",~_"_~'''''''''.v"",,,,,,,,,,",'''''''''''_''~'''~''';,,i,~,'''_ "",. ""''',.",.,,~.~;b'' . .' . '. .' .' .. . I' I . ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 72 16G 3 ssu/ FEF.N P.AR.K SCHEDULE 10-B U.L01O..NCK FOR. rrnms PR.tmtmTLY TNV1!:STKD WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 :2001 January $ 6 $ 79 $ 161 $ 251 $ 350 February 12 86 168 259 359 March 18 93 175 267 368 April 24 99 183 275 378 May 30 106 190 284 387 JW1e 36 113 198 292 396 July 42 119 205 300 405 A.ugu~t 48 126 213 308 414 September 54 133 220 316 423 Octob.er 60 140 227 325 432 Nove:r.ber 66 146 235 333 441 December 72 153 242 341 450 NOTES: 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC's is 30 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 450 remains in effect after December 31, 2001. - iIW _ ._..,!._"."....;,"',"',;..",.., .O"..,,"""".''',,'.....,...._.''..h-*-' "",.-."....,........,......""',,,.,,,',...- ""'....,_...."~"...,._~,.;"",..""..,,^.,..,,,.~"' .,...""",""~,"',.,'-,..,.._,,,..._. ..,., ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 73 aSU/FISHERMAN'S HAVEN 16G 3 SCHEDULE 10-D J.T.T.nvll.XC1I: POR ~s PRUD1rH'T'LY T1IIVI:ln'KD W1>.S"I'EWATEP. TREATMENT AND DISPOSAL January February ".arch April l-lay June July August September October l1ovemoe.c De ceml::>er NOTES: 1997 $ 20 40 59 79 99 119 139 159 178 19B 218 238 1998 $ 258 278 299 319 339 359 380 400 420 440 461 481 1999 $ 503 524 546 568 590 611 633 655 677 698 720 742 2000 $ 765 788 812 835 859 082 905 929 952 975 999 1,022 2001 $1,047 1,072 1,09B 1,123 1,148 1,173 1,198 1,223 1,249 1,274 1,299 1,300 1. The amounts indicated above are per ERe. (ERC . 155 gpd) 2. The number of remaining ERC' s is 61 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $1,300 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 74 16G 3 SSU/FLORIDA CENTRAL COMMERCE PARK SCHEDULE 10-C It T. T.o1(AlfC1l: FOR 'FtTH'DS PRUD1m'TL Y 'l'NVESTKD WASTEWATER COLLECTION A!-l"'D. Pm.fi'ING 1997 1998 1999 2000 2001 January $ 74 $ 971 $1,300 $1,300 $1,300 February 148 1,052 1,300 1,300 1,300 March 222 1,1'33 1,300 1,300 1,300 April 296 1,214 1,300 1,300 1,300 May 311 1,296 1,300 1,300 1,300 Jun~ 445 1,300 1,300 1,300 1,300 July 519 1,300 1,300 1,300 1,300 J.,.'.1gust 593 1,300 1,300 1,300 1,300 September 667 1,300 1,300 1,300 1,300 Octob~r 741 1,300 1,300 1,300 1,300 November 815 1,300 1,300 1,300 1,300 December 8e9 1,300 1,300 1,300 1,300 HOTES: 1. The amounts indicated above are per ERe. (ERC . 155 gpd) 2. The number of remaining ERe's is 11 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $1,300 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 75 16G 3 SSU/FLORIPA. CEN'rRA1, COMMERCE PARK SCHEDULE 10-D JJ.LOWANCR POR I'UNDS PRtmlmTLY nr.Tll:STED WASTEWA.TER TREA.TMEN'I' AND PIS POSAL 1997 1998 1999 2000 2001 JilIluary $ 41 $ 539 $1,044 $1,300 $1,300 February 83 580 1,089 1,300 1,300 March 124 622 1,133 1,300 1,300 April 166 664 1,178 1,300 1,300 May 207 7015 1.223 1,300 1,300 June 248 748 1,268 1,300 1,300 July 290 790 1,300 1,300 1,300 A.ugust 331 832 1,300 1.300 1,300 September 373 674 1,300 1,300 1,300 October 41' 915 1,300 1,300 1,300 Nove~r 455 957 1,300 1,300 1,300 Dece~r 497 999 1,300 1,300 1,300 }tOTES: l. The amounts indicated above are per ERC. (ERe . 155 gpd) 2. The number of remaining ERC's is 44 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $1,300 remains in effect after December 31, 2001. AW_...-----..--- ORDER NO. PSC-97-0374-FOF-WS DOCY~T NO. 95049S-WS PAGE 76 16G 3 SSU/FOUNTAINS SCHEDULE 10-11. .u.r..mo.wc:K ~OR rmms PRt7Dmn'LY DIIVIS:r.m2 WATER SUPPLY A1\'D TREATMENT l.997 1998 1999 2000 200l. January $ 1 $ 8 $ 16 $ 2S $ 34 February 1 9 l.7 26 35 MarC'h 2 10 18 26 36 April 3 10 19 27 36 May 3 11 19 28 37 June 4 12 20 29 38 July 5 12 21 29 39 August 5 13 21 30 40 September 6 14 22 31 40 October 6 14 23 32 4l. November 7 l.5 23 32 42 December 8 16 24 33 43 NOTES: 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERe's is 283 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 43 remains in effect after December 31, 2001. .. ..~ . "'---,......_-----,",...',....,,,,,""""'''''''''''",.'''...,,,.......'''''',.,'" ,....,.._,..",,,,,,..".-..,,,..,"-..;'>..,.",",.,,.,.,,.... ... ...... . . ..... '. ;'''. 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 77 SSU / FOUN"l'AU1S SCHEDULE 10-B "T.T.mn.JI'CB POR P1:nrnS PRtmlDn'L Y nNESTED WATER TRANSMISSION Aln> DISTRIBUTION 1997 1998 1999 2000 2001 January $ 0 $ 2 $ 5 $ 7 $ 10 February 0 3 5 8 10 March 1 3 5 8 11 April 1 3 5 8 U May 1 3 6 8 11 June 1 3 6 8 11 July 1 4 6 9 12 Augu!>t 1 4 6 9 12 September 2 4 6 9 12 October 2 4 7 9 12 November 2 4 7 10 13 December 2 5 7 10 13 NO'I'll: S : 1. The amounts indicated above are per ERC. (ERe - 217 gpd) 2. The number of remaining ERe's is 39 3. If the number of ;-emaining ERe's has not connected by December 31, 2001, the maximum charge of $ 13 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 78 16G 3 SSU/FRIENDLY CEN'1'ER Sou:JJULE 10-B IP.JW'11lfMr POR. trmIDlJ PRtrnlQllTLT IlIVKSTED WATER TRANSMISSIOt~ AND DISTRIBO'1'ION 1'97 1998 1999 2000 2001 January $ 0 $ 1 $ 2 $ 3 $ 4 February 0 1 2 3 4 foI.arch 0 1 2 3 5 April 0 1 2 3 5 May 0 1 2 " 5 June 0 1 3 " 5 July 1 2 3 " 5 August 1 2 3 4- 5 September 1 2 3 4 5 October 1 2 3 " 5 November 1 2 3 " 5 December 1 2 3 4 5 liQD.'i-.:, 1. The amounts indicated above are per ERe. (ERC _ 217 gpd) 2. The number of remaining ERC' s is 62 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 5 remains in effect after December 31, 2001. ,___"""",,,,,,,~,",,,,,,,,__,,,,,,,,,""",;"jO'.,.....,_.,,,,..;,.,~..........~._,_,.,;"'.~i"""''''~^'' ,",_,>;."'.....,.."""""__,,,..,..';"n'-.."'..,,,~;,",..,.,~._"''''.,.'.H;,..._"'''",-,.,',....~''' w- 16G 3 OFnER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-\'1S PAGE 79 SSU/GENEVA LAY.E ESTATES SCHEDULE 10-B AtJ.,OW1NCJ: rop.. rmms PRU01mTLY TN'.nl:STlrn WATER TRANSMISSION AND DISTRIBO'l'ION 1997 1998 1999 2000 2001 January $ 2 $ 28 $ 56 $ 86 $ 118 February 4 31 58 88 121 March 7 33 61 91 124 April 9 35 63 94 127 May 11 37 66 96 130 June 13 40 68 99 133 July 15 42 71 102 136 August 17 44 73 104 138 September 20 47 76 107 141 October 22 49 78 110 144 November 24 51 81 112 147 December 26 53 83 115 150 ~ 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The nurrber of remaining ERC's is 43 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 150 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 80 166 3 SSU/GOLDEN TERRACE sCHEDULE 10-B )T.T.mnNCK !'OR Ymrng PRtm~Y TWVEgTED WATER TRANSMISSION Ah~ DISTRIBUTION 1997 1998 1999 2000 2001 JAnuAry $ 2 $ 33 $ 64 $ 98 $ 135 February 5 35 67 101 139 MArch 7 38 70 104 142 April 10 40 72 107 145 MAy 12 43 75 110 149 June 15 46 78 113 152 July 17 48 81 117 155 August 20 51 84 120 159 Septer..ber 22 53 87 123 162 October 25 56 89 126 165 November 27 59 92 129 169 December 30 61 9S 132 172 NO'M!::S: 1. The amounts indicated above Are per ERC. (ERe - 217 gpd) 2 . The number of remaining ERC I S is 14 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 172 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 81 16G 3 SSU/GOSPEL ISLAND ESTATES SCHEDULE 10-B J':'.T.mf1NCK FOR rmms PRtm1rXTLY THVESTlm WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1939 2000 2001 January $ 2 $ 31 $ 62 $ 95 $ 130 February 5 34 64 97 133 March 7 36 67 100 137 April 10 39 70 103 140 May 12 U 73 106 143 June 14 44 75 109 146 July 17 46 78 U2 149 Augu8t 19 49 81 115 153 September 22 51 83 118 156 October 24 54 86 121 153 November 27 56 89 124 162 December 29 59 92 127 165 ~OTES : l. The amounts indicated above are per ERe. (ERC . 217 gpd) 2. The number of remaining ERe' s is 15 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 165 remains in effect after December 31, 2001. _~__",,,,,;,,,,,,,,,,_"'_~_-.""""'_h,"';"'.'~""";-"'";""'"''''"'''W-''''',.,,",,,,,,.....,,,.,",,,,,,,,,...,, ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 82 16G 3 SSU/HZRMITS COVE SCHEDULE 10-A ALuno.NCK yall FUNDS PRt1DlrnTLY nNBSTED WATER SUPPLY AND TREATMEN'I' 1997 199B 1999 2000 2001 January $ 3 $ 42 $ 82 $ 125 $ 171 February 7 46 86 129 175 March 10 49 89 132 179 April 13 52 93 136 183 May 16 56 96 140 187 .rune 20 59 100 144 191 July 23 62 103 148 195 August 26 66 107 151 199 September 29 69 110 155 203 October 33 72 114 159 207 November 36 75 118 163 211 December 39 79 121 167 215 NO'MI: S : 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 11 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 215 remains in effect after December 31, 2001. 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 83 SSU/HERMITS COVE SCHEDULE 10-B ALLOWAnCX POR FONDS PRl1D1mTLY YNV'ESTlrn WATER TRANSMISSImi AND DISTRIBUTION 1997 199B 1999 2000 2001 January $ 3 $ 35 $ 69 $ 106 $ 147 February 5 38 72 110 151 March 8 41 75 113 154 April 11 44 79 117 158 May 13 46 82 120 162 June: 16 49 85 123 165 July 19 52 88 127 169 August 22 55 91 130 173 September 24 58 94 133 176 October 27 61 97 137 180 !'le'/ember 30 63 100 140 183 December 32 66 103 143 187 NOTES: l. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The nUtl'.ber of remaining ERC' s is 174 3. If the number of remaining ERe's has not connected by December 31, 2001, tbe maximum charge of $ 187 remains in effect after December 31, 2001. r -w ______....._...""''''....','''''''.'k''.;''''.'','''.;"'.''P -..,.",;,,;.,.;,,,,,.,,,,,,..,,,,,,",.,.;.,,,",,;,,,,,,,,,,,,.,",,,, ~..."".",.,."""".""~..;_.,,..,. "', .'.~ ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 84 16G 3 ssu/ HOBBY HILLS sCHEDULE 10-A l.LLOWJ.Ha ~OR nnrns PRt7D1D1'T'LY TH'VXBTJrn WATER SUPPLY AND TR.EA'I'MEN'l' 1997 1999 1999 2000 2001 January $ 2 $ 20 $ 39 $ 59 $ 81 February 3 22 41 61 83 "'.arch 5 23 42 63 85 April 6 25 44 65 87 May 8 26 46 66 89 June 9 28 47 68 91 July 11 29 49 70 93 August 12 31 Sl 72 95 September 14 32 52 74 96 October 15 34 54 7S 98 November 17 36 56 77 100 December 18 37 57 79 102 NOTES: l. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is 114 3. If the number of remaining ERe I s has not connected by December 31, 2001. the maximum charge of $ 102 remains in effect after December 31, 2001. '" ...,... ___,.;;,....."'.,"-'..~""'."'__._"'."""_~,.,,,....."..!lI..;""'~; ,'~ 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 85 ssu/ HOBBY HILLS sCHEDULE 10-B .u.IP1OJfCJ: POll nnms Plttm1NT'LT ntV1fS'l'ED WATER TRAllSMISSION AlID DISTRIBUTION 1997 1998 1999 2000 2001 January $ 1 $ 8 $ lS $ 22 $ 31 February 1 8 lS 23 32 March 2 9 16 24 32 April 2 9 17 2S 33 May 3 10 17 2S 34 June 3 10 18 26 3S July 4 11 19 27 3S August 5 12 19 27 36 September S 12 20 28 37 October 6 13 20 29 38 November 6 13 21 29 39 December 7 14 22 30 39 NOTES: l. The amounts indicated above are pp.r ERe. (ERC . 217 gpd) 2. The number of remaining ERC 's i8 28 3. If the number of remaining ERC I 8 bas not connected by December 31, 2001, the maximum charge of $ 39 remains in effect after December 31, 2001. '" .... _____--"...;....."'r..""..,'..di...~'..,....""",..."'..'."'.;"'..".,,,,,,.........,,,, ".",.,;'"""".~...~"",.",,'"., ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 86 16G 3 SSu/ HOLIDAY HAVEN SCHEDULE 10-B ~LL01nHC1I: '"OR 1I'tJNI)S PRtm1mTLY TWVllSTED WATER TRANSMISSION ~ DISTRIBUTION 1997 1998 1999 2000 2001 January $ 0 $ 5 $ 10 $ 16 $ 22 February 1 5 11 16 23 March 1 6 11 17 23 April 2 6 12 17 24 May 2 7 12 18 24 June 3 7 12 18 2S July 3 8 13 19 26 August 3 8 13 19 26 September 4 8 14 20 27 October 4 9 14 21 27 November 5 9 lS 21 28 December S 10 15 22 29 NonS: 1- The amounts indicated above are per ERe. (ERC . 217 gpd) 2. The number of remaining ERC' s is Sl 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 29 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 87 16G 3 ssu/ HOLID~Y HAVEN SCHEDULE 10-C "T.TLnnlfCB I'a'll I"'m'mS PJl1mmrrLY mvKS't"KD tli'ASTEWATn COLLECTION AND PU"MPING 1997 1998 1999 2000 :'l001 January $ 1 $ 15 $ 31 $ 48 $ 67 February 3 17 33 50 68 March 4 18 34 51 70 April 5 19 3S S3 72 May 6 21 37 54 73 Ju.T1e 8 22 38 56 7S July 9 23 40 58 77 ~ugust 10 25 41 59 78 September 11 26 43 61 80 October 13 27 44 62 82 November 14 28 45 64 83 Dece~r 15 30 47 65 85 NOTES: 1. The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 72 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 85 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE BB 16G 3 ssu/ HOLIDAY HAVEN SCHEDULE 10-D l. T.T.t'lMJ.NCR "OR I"'tmDS P'Rtmmn'LY rxvlr:STKD WASTEWATER TREA'IHEN"l' At."ID DISPOSAL 1997 199B 1999 2000 2001 January $ 51 $ 614 $1,242 $1,300 $1,300 February 102 667 1,29B 1,300 1,300 March 154 719 1,300 1,300 1,300 April 205 771 1,300 1,300 1,300 May 256 824 1,300 1,300 1,300 June 307 876 1,300 1,300 1,300 July 35B 92B 1,300 1,300 1,300 August 410 981 1,300 1,300 1,300 Sepcember 461 1,033 1,300 1,300 1,300 Octot-er 512 1,085 1,300 1,300 1,300 November 563 1,138 1,300 1,300 1,300 December 614 1,190 1,300 1,300 1,300 NOTES: 1- The amounts indicated above are per ERC. (ERC . 1S5 gpd) 2. The number of remaining ERe's is B8 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $1,300 remains in effect after December 31, 2001. -----... -- -- - ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 89 16G 3 SSu/ INTERCESSION CITY SCHEDULE 10-B ~CB FOR rmmg PRUDlmTLY nqvn:STXD WATER TRANSMISSION AND DISTRIBUTION 19n 1998 1999 2000 2001 January $ 2 $ 32 $ 63 $ 96 $ 133 February 5 34 65 99 136 March 7 37 68 102 139 April 10 39 71 105 143 Ma} 12 42 74 108 146 June 15 44 76 111 149 July 17 47 79 114 153 August 19 50 82 117 156 September 22 52 85 120 159 October 24 55 88 123 162 November 27 57 90 126 166 December 29 60 93 129 169 J{OTl[S : 1. The amounts indicated above are per ERC. (ERe. 217 gpd) 2. The number of remaining ERC's is 278 3. If the number of remaining ERC I S has not connected by December 31, 2001, the maximum charge of $ 169 remains in effect after December 31, 2001. _.....___'__...."'..._';e,....._'.,__.;.._..-..._._.."'""." ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 90 16G 3, ssu/ INTERIACHAN LAKES/PARK MANOR SCHEDULE 10-A U,'!'.nwANClE "Oll nnms PRtlDtnrrLY TtrVRST1m WA'_'ER SUPPLY AND TR.EA TMEN'1' 1997 1999 1999 2000 2001 January $ 1 $ 11 $ 22 $ 33 $ 46 February 2 12 23 34 47 March 3 13 24 35 49 April 3 14 24 36 49 May 4 15 25 37 50 June 5 15 26 38 51 July 6 1G 27 39 52 August 7 17 28 40 54 September 8 19 29 41 55 October 8 19 30 42 56 November 9 20 31 44 57 December 10 21 32 45 58 HO'TXS: l. The amounts indicated above are per ERe. (ERe - 217 gpd) 2. The nurr.ber of remaining ERe I s is 264 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 58 remains in effect after December 31, 2001. <"_<"'_"_...___...."'...___..V"-.."".._,_~"";~," - - - - --- ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 91 16G 3 S SU / INTEP.LACHAN I..AKES / PARK MANOR SCHEDULE 10-B AL16)1O.lIfCK FOR :rmmS PR.UDENTLY ~S'nD WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 1 $ 18 $ 36 $ 55 . $ 75 February 3 19 37 56 77 Marc.h 4 21 39 58 79 Apr il 6 22 40 60 81 May 7 24 42 61 83 June 8 25 43 63 85 July 10 27 45 65 87 August 11 28 47 67 89 September 12 30 48 68 90 October 14 31 50 70 92 November 15 33 51 72 94 December 17 34 53 74 96 HO'T'lI:S: 1. The amounts indicated above are per ERC. (ERe . 217 gpdl 2. The number of remaining ERe's is 125 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 96 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 92 16G 3 SSu/ JUNGLE DEN SQU::;l)QLE 10-B AI.LOlfANCK 70R nnms PRUDDTL'1 niVESTlm WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 1 $ 10 $ 19 $ 29 $ 40 February 1 11 20 30 41 March 2" 11 21 31 42 Apr i1 3 12 22 32 43 May .. 13 23 33 44 June .. 14 23 34 45 July 5 14 24 35 46 August 6 15 25 36 47 September 7 16 26 37 48 October 7 17 27 37 49 November 8 18 28 38 50 December 9 18 28 39 51 N9TES: l. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is 22 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 51 remains in effect after December 31, 2001. 16G :; ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 93 ssu/ JUNGLE DEN SCHEDULE 10-C :U.L01f.1XOI: .OR FmmS p12.tmlmTLT TMVI:S'I'lm WASTEWATER COLLECTION AND PCMPING 1997 1999 1999 2000 2001 January $ 11 $ 145 $ 276 $ 414 $ 560 February 22 156 288 426 573 March 34 167 299 439 586 .l\p r il 45 178 311 451 599 May 56 189 322 463 612 June 67 200 334 475 624 July 79 211 345 487 637 August 90 221 356 499 650 September 101 232 369 511 663 October 112 243 379 523 676 November 123 254 391 535 689 December 135 265 402 547 701 NOTES: 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC I 8 is 17 3. If the number of remaining ERC I S has not connected by December 31, 2001, the maximum charge of $ 701 remains in effect after December 31, 2001. ..__...... .. _'" ., M1_"'__......__,_,_'""";."",,._,..'~.J.H"'''k;.;j''..~_'''',.;''''.....i,_-<l<'"'......,....~",.,,"',~.,~,., ;,,,~.,'*..,'""......,""""",...,~' ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 94 16G 3 ssu/ JUNGLE DEN SCHEDULE 10-0 1T.T.nlBNClI: POlt. rtnmll PRUDmtTLT TWVIUI'l'KD WASTEWATER TREATMENT AND DISPOSAL 1997 1998 1999 2000 2001 January $ 5 $ 63 $ 122 $ 186 $ 255 February 10 67 127 192 261 March 14 72 133 197 267 April 19 77 138 203 273 May 24 82 143 209 279 June 29 87 148 214 285 July H 92 154 220 292 August 38 97 159 226 298 September 43 102 164 231 304 October 48 107 170 237 310 November 53 112 175 243 316 December 58 117 180 249 322 NOTES: 1. The amounts indicated above are per ERe. (ERC - 155 gpd) 2. The number of remaining ERC's is 187 3 . If the number of remaining ERC I S has not connected by December 31, 2001, the maximum charge of $ 322 remains in effect after December 31, 2001. __',",_,~",--"-",,,;"'."',_""'''''''''e''~''~'''''' 'L' ',." ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 95 16G j SSU/ KEYSTONE CLUB ESTATES SCHEDULE 10-A :U.r.rnr1WCK paR nnms PRtJD1mTLY 'INV'KSTXD WATER SUPPLY AND 'I'R.EA!MENT 1997 1998 1999 2000 2001 January $ 3 $ 43 $ 84 $ 128 $ 175 F~bruary 7 46 87 132 179 March 10 50 91 136 184 April 13 53 95 139 188 May 16 56 98 143 192 June 20 60 102 147 196 July 23 63 106 151 201 August 26 67 109 155 205 September 30 70 113 159 209 October 33 73 116 163 213 November 36 77 120 167 217 December 39 80 124 171 222 NOTES: 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC's is 167 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 222 remains in effect after December 31, 2001. ____-___,_....;..""-...,,'"""""'..,".---.,"/..-,.-..~-,',.""',.,.,.;..,.,-",.........Ji<,,,,...-...,""',""..,,..._--"<',......,....."-,.,,.""'-"'"",,,,'-'-^';'''_.''''"''''''''''''-~''''''"''''''~ ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 96 16G 3 Ssu/ KEYSTONE CLUB ESTATES SQil:;UCLE 10-B 1t.L01D.!lC!ll: "OR nnm!l PRtJDD't'!..Y TlN1I:~Tlm WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 7 $ 97 $ 192 $ 294 $ 406 February lS 105 200 304 416 March 22 113 209 313 426 April 30 120 217 322 436 May 37 128 226 331 446 June 4S 136 234 340 456 July 52 144 243 350 466 August 59 152 251 359 476 Septe~r 67 160 260 368 486 October 74 167 268 377 497 November 82 175 277 387 507 December 89 183 285 396 517 UO'I'Es: 1- The amounts indicated above ar~ per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is 86 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum cbarge of $ 517 remains in effect after December 31, 2001. ,....' II'....'.^'....."...""..'.....~_R_..._..,_....,'''____'''_''''_.'"''''''''.""....,<#'"'''',.,.,_,'''.......~....~'_".,~,,,.......*.,....Wi,.''''.,'''",,,,,,"".";I"",iH.,.....,,,.,.;,, ,- ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 97 16G 3 SSu/ Y..EYS'l'ONE HEIGHTS SCHEDULE 10 - B :l T.T.t'l1D-ltCK ron nnma Pll.UD~S'T'ED WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 5 $ 61 $ 121 $ 185 $ 255 February 9 66 126 191 261 March 14 71 131 197 268 April 19 76 137 202 274 May 24 81 142 208 280 June 28 86 147 214 287 July 33 91 153 220 293 August 38 96 158 226 299 September 42 101 163 231 306 October 47 105 169 237 312 November 52 110 174 243 318 December 56 115 179 249 325 NOTES: 1. The amounts indicated above are per ERC. (ERC _ 217 gpd) 2. The number of remaining ERC' s is 676 3. If the number of remaining ERC'S has not connected by December 31, 2001, the maximum charge of $ 325 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 9B 16G 3 ssu/ KINGSWOOD SCHEDULE 10-B llI.OWUlC'.Z POlt rmms PRtmnn"LY ntV'KSTlm WATER TRANSMISSION 1.N'O DISTRIBUTION 1997 1998 1999 2000 200,1 January $ 0 $ 2 $ .. $ 0 $ 8 February 0 2 " 6 B March 0 2 4 0 8 April 1 2 .. 6 8 May 1 3 .. 6 B June 1 3 5 7 9 July 1 3 5 7 9 August 1 3 5 7 9 September 1 3 5 7 9 October 2 3 5 7 9 November 2 3 5 7 9 December 2 .. 6 8 10 NOTES: 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC's is 7 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ lO remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 99 SSU / LAKE BRANTLEY 16G 3 SCHEDULE 10-B ALL01DJfC'K FOR r:mmS PRUDlOn'LY TllV1I:STlID WATER TRANSMISSION AND DISTRIBUTION January Febr'U<lry March April ....ay June July August Septe~r Octo~r November December NOTES: 1997 $ 2 $ 4 6 7 9 11 13 15 17 18 20 22 1998 24 $ 26 28 30 32 34 36 38 40 41 43 45 1999 47 $ 50 52 54 56 50 60 62 64 66 6B 70 2000 2001 73 $ 100 7S 102 77 105 79 107 B2 110 84 112 B6 115 89 117 91 120 93 122 95 125 98 127 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC'. is 5 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 127 remains in effect after Dece~her 31, 2001. 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 100 ssu/ LAKE CONWAY PJl.RK SCHEDULE 10-B ~ClI: POll. PmmB Plttm1mTLY ntV'I!S"l'lm WATER TRANSMISSION AND DISTRIBUTION 1.997 1998 1.999 2000 2001. January $ 2 $ 30 $ 58 $ 89 $ 1.23 February 5 32 61 92 126 March 7 34 63 95 129 April 9 37 66 98 1.32 May 11 39 69 100 1.35 June 14 41 71 103 138 July 16 44 7~ 106 141. August 18 46 76 109 144 Septerr'ber 20 49 79 111 147 October 23 51 81 1.14 150 November 25 53 84 1.17 153 December 27 56 86 120 1.56 NOTES: 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is 5 3. If the number of remaining ERe's has not connected by December 31., 2001, the maximum charge of $ 156 remains in effect after December 31. 2001. .,_~"~__-"-"___,,,,_"""~U~,,..,,,,__.._...,._,,,,.,.,_,,,,,,,,,.,,,,,,,, 16G "4 .-' ORDER NO. PSC-97-0374-FOF-WS DOCY~T NO. 950495-WS PAGE 101 ssu/ ~SIDE SU1LDuLE 10-B ALLOlnXCK POll vmms PRUDJOn'LY nNKSTlID HATER TRANSMISSION ,UlD DISTRIBt."TION 1997 1998 1999 2000 2001 January $ 3 $ 42 $ 83 $ 127 $ 175 February 6 45 87 131 180 March 10 49 90 135 184 AprH 13 52 94 139 188 May 16 55 98 143 193 June 19 59 101 147 197 July 22 62 105 151 201 August 26 66 109 155 206 September 29 6.9 112 159 210 October 32 72 116 163 214 November 35 76 120 167 219 December 38 79 123 171 223 NO'I'lI:S: 1. The amounts indicated above are per ERC. (ERe . 217 gpd) 2. The number of remaining ERC's is 157 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 223 remains in effect after December 31, 2001. "_""~,.""_""_".,,,,,,,,,,"__,,,...^,,",.~,,,_,,,,,,,,._,__,,,",""""_,"'__'__..,_"","""'...J.;,..""',..".....~""""'.""IW>;."'''.. ._....,.."""""",.,'~"".,.........._.."'~..._,..,.~"'......"""""'"'...",,,.....""..;o>.'_"'''".,......~."".,,............,,'->,~. ,.,..~",."" ,,,,"..,,., ".. ~.. .~,..".'".. _",_,',. .c.. ~c.;.".._..,'"_.,. ,'''c.''''' '.' ...",..",,,,-... "".,.,~ ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 102 IbG j ssu/ LAKEVIEW VILLAS SCHEDULE 10-B 1T.T.mr1WCR POR nnms PRimn'rLY TtrV'.IEST1ED W~'I'ER TRANSMISSION ~ DIST'RIBO'l'ION 1997 ),999 1999 2000 2001 January $ 1 $ 16 $ 31 $ 48 $ 6S February 2 17 32 49 67 March 4 19 34 51 69 April 5 20 35 52 70 May 6 2), 36 S3 n June 7 22 38 5S 74 July 8 23 39 56 75 August 10 25 41 58 77 Septemher 11 26 42 59 78 October 12 27 43 6J. 80 November 13 28 45 62 82 December 15 30 46 64 83 NOTES: 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is n 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 83 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 103 16G 3 SSU/ LEHIGH SCHEDULE 10-A l.r.r.cw1Jl~ FOP.. nnms P1Um1mTt.Y ~ WATER SUPPLY AND TREATMEN'l' 1997 1998 1999 2000 2001 January $ 2 $ 20 $ 39 $ 59 $ 81 February 3 21 U 61 83 March 5 23 42 63 85 April 6 25 44 65 87 May 8 26 46 66 89 Jurle 9 28 47 6B 91 July 11 29 49 70 93 August 12 31 51 72 94 Septen:her 14 32 52 74 96 October 15 34 54 7S 98 llovember 17 36 56 77 100 December 18 37 57 79 102 Nons: l. The amounts indicated above are per ERe. (ERe . 217 gpd) 2. The number of remaining ERe's iS3,837 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 102 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 104 16G 3 ssu/ LEHIGH SOi~ 10-B A,LT..o1fANCll: '"OR nnms PRtlDDJ'l'LY ~ WATER TR1\NSMISSION AND DIS'I'RlBUTlON 1997 1999 1999 2000 2001 January $ 9 $ 123 $ 243 $ 373 $ 514 February 19 133 254 384 526 March 28 143 264 396 539 April 39 153 275 408 552 May 47 163 286 419 564 June 57 173 297 (31 577 July G6 183 307 443 590 August 76 193 319 45-' 602 September 85 203 329 466 615 October 94 212 340 478 628 No'.remb<er 104 222 350 489 640 December 1.13 232 361 501 653 HO'Tll:S: 1- The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 3 , 596 3. If the number of remaining ERC's has not connected by December 31., 2001, the maximum charge of $ 653 remains in effect after December 31., 2001. ,._...~'"'''_"'.".____.........._~'''_.....".._..._.._~...._;,''''___,....'"'.~'~_....,..,~"".,.,.,.,;," ,'.._."".;".,..,.,",,'"' ;'''''~'''"'k"""",,,,_,,'''''''''''',.&i<4'''.''''''''''''''''''''*''''""'~'''''''~".c....""_"..",,.,~,-,.,... ~L""'_""''''_'''''_'''''~''~'~''''"''.'_''''"'''"'_''"km.rl'L',,,,""'N"",_,,,,,'~"e"_'0."'W~'"_"~>-_"""'""-'~'=-~""" ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 105 SSu/ LEHIGH 16G 3 SCHEDULE 10-C ALLOWANCE 701'- vmms PRll'D~Y TNVJI:STED WASTEWATER COLLECTION 10ND PUMPInG January February March April May June July August September October November December I!:OTKS : 1997 1998 $ 18 $ 236 36 255 S4 273 72 292 90 311 109 330 127 349 145 367 163 386 181 405 199 424 217 442 1999 $ 463 483 503 524 544 564 585 60S 625 645 666 686 2000 $ 708 730 752 774 796 818 840 862 884 906 928 950 2001 $ 974 999 1,021 1, 045 1,069 1,093 1,117 1,141 1,164 1,188 1,212 1,236 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC's i81,338 3. If the number of remaining ERC's has not connected by December 31, 2001, the maxilDUlll charge of $1, 236 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 106 16G 3 ssu/ LEHIGH SCHEDULE 10 - D ~T.T.mrJ.BCB '"OR J't1IIDS PlltmnTLY nrvKSTK]) WASTEWATER TREA'l'MEN'l' AND DISPOSAL 1997 1998 1999 2000 2001 January $ 9 $ 111 $ 216 $ 329 $ 450 February 17 120 226 339 461 March 26 129 235 349 472 April 34 137 244 359 482 May 43 146 254 369 493 June 51 155 263 379 504 July 60 164 272 389 515 August 68 172 282 399 525 September 77 181 291 409 536 October 86 190 300 419 547 November 94 198 310 429 558 December 103 207 319 439 569 NO'l'l!:S: 1. The amounts indicated above are per ERC. (ERC - 155 gpdl 2. The number of remaining ERC I s is 774 3. If the number of remaining ERC's has not connected by December 31, 2001. the maximum charge of $ 569 remains in effect after December 31, 2001. 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 107 SSU/ LEISURE I..,A]CES SCHEDULE 10-B .aY.T.nw1HCK ,.011. W'TTIIDA ntm~Y TlIVRS'rKD WATER TRANSMISSION AND DIST'RIBU'l'ION 1997 1998 1999 2000 2001 January $ 1 $ 15 $ 29 $ 44 $ 61 February 2 16 30 46 63 March 3 17 32 47 64 April 5 18 ~3 49 66 May Ii 19 34 SO 67 June 7 21 35 51 69 July 8 22 37 53 70 August 9 23 38 54 72 Septe\'llber 10 24 39 55 73 Or.: tobe r 11 25 40 57 75 November 12 27 42 58 76 December 14 28 43 60 78 JlCYrKS: 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC's is 135 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 78 remains in effect after December 31. 2001. ""...."""'_~,.___""""_''''''''".''',''"."''',-''''..e-'"'''.....,..,..-...,...,-....,.",;i"',',"''''~,,''''''''', ORDER NO. PSC_97-0374-FOF-WS DOCKET NO. 950495-WS PAGE lOB 1.6G 3 SCHEDULE 10-C ssu/ LEISURE LAKES )T.T.ntn.lI~ 'rOil YTnma PRtm1nrM..Y T1IV1ESTm WASTEWATER COLLECTION AND PUMPING 1997 1998 1999 2000 2001 January $ " $ 56 $ 109 $ 166 $ 228 February 9 60 114 171 234 March 13 65 119 177 239 April 17 69 123 182 24S May 21 73 128 187 250 June 26 78 133 192 256 July 30 82 138 19.' 261 August 34 87 142 202 267 september 39 91 147 207 272 october 43 96 152 212 278 November "7 100 157 217 283 Dece~r Sl 104 161 223 289 BOT'ES: 1- The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 148 3. If the number of remaining ERe I s has not connected by December 31. 2001, the maximum charge of $ 289 remains in effect after December 31, 2001. ,v..__"""""."...."'.___.___..,_-.""'-"'"'''''-,,_''''_-_._..___.''___''o&-.,...."",-,. OP~ER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 109 SSU/ LEISURE LAKES 16G 3 SCHEDULE 10-D U.T.nv1WC]l ,.OR. ftl'1mS Plltm1llfTLY 'l'WV1I:S'I'ED WAS'I'E"lfATER TREATMEN'I' AND DISPOSAL January Febnw.ry March April May June July Aug'.1s t September October november December BOTlrS: 1997 $ 1998 1 1 2 2 J J 4 4 5 6 6 7 $ 7 $ 8. 8 9 9 10 11 11 12 ';'12 .'-13 1+.,~ 'p 1999 2000 2001 H H 15 16 16 17 17 18 19 19 20 20 $ $ 29 29 30 31 31 32 33 33 34 35 3S 36 21 22 22 23 24 24 25 25 26 27 27 28 1. The attount.. indicated above are per ERC. (ERC - 15S';pd> ....' 2. The numbi~f remaining ERC's is 705 3. If the n r of remaining ERC's has not connected by December 31, 2001, -to' .'J, the maximum charge of $ 36 remains in effect,.after December 31, 2001. ~_,_""""",___""",_,"""':i."."...."",,,,_,",,,M,,,,,,,,,,,",,,,,,,,,_,",(N..""',.."'.:e,.., ",""~'1I__'''''''''' ~"""""__"..,,,,,,,_,,..,,,,""_...,..,,",,,_....,~,w,_,",..,c,,,.,,".,.,.-"..,^".",.."',.......,,,.;,,,">.-..~.."""",.._."'.,,,.,-"",,.._""'''''''-0''' - - ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 110 SSU/ MARCO ISLAND - -- ~ - -.- - -~ -- 16G 3 SCHEDULE 10-B I.T.Tnv1W~ FOR. rmrDS nCDJDn'LY nIftSTED WATER TRANSMISSION AND DISTRIBUTION January February March April May June July August September October November D<!lcember ~ 19.97 199B $ $ 3 5 8 11 13 16 19 21 24 27 2.9 32 1.9.9.9 3S 38 40 43 <4, 49 51 S4 57 60 63 65 $ 68 71 74 77 80 83 86 89 92 95 .98 101 2000 $ 105 108 111 114 118 121 124 128 131 134 137 141 2001 $ 144 148 151 155 158 162 165 169 173 176 180 183 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2 . The number of remaining ERC' 8 is 7, 834 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 183 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 111 16G 3 ssu/ MARCO ISLAND SCHEDULE 10-D ~T.T.t')W1WCl: ,.OR Ymma PRtmnTLY Y1fVJ:STK]) WASTEWATER TREATMENT AND DISPOSAL 1997 1998 1999 2000 2001 January $ 26 $ 339 $ 660 $1,004 $1,300 February 52 366 688 1,035 1,300 March 78 392 717 1,065 1,300 April 104 419 745 1,096 1,300 May 130 .0145 774 1,127 1,300 June 156 472 802 1,157 1,300 July 182 498 8n 1,188 1,300 August 208 525 859 1,219 1,300 september 234 551 888 1,249 1,300 October 260 578 916 1,280 1,300 November 287 60S 945 1,300 1,300 December 313 631 973 1,300 1,300 BonSl l. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERe's is 4,812 3. If the number of remaining ERC' B has not connected by December 31, 2001, the maximum charge of $1,300 remains in effect after December 31, 2001. ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 112 16G :3 SSU/MARCO SHORES SCHEDULE 10-A U.T.rnn..WClr ,.OR rcnms PRtmDTLY DlVlrS'l'ED KATER SUPPLY AND TR.EATMENT 1997 1998 1999 2000 2001 January $ 1 $ 13 $ 2S $ 39 $ 54 February 2 14 2(; 40 55 March 3 15 27 41 56 April 4 16 28 42 5a ....ay 5 17 29 44 59 June 6 18 31 45 61 July 7 19 32 46 62 Au9'~s t 8 20 33 47 63 September 9 21 34 49 65 October 10 22 35 SO 66 November 11 23 36 51 68 December 12 24 37 52 69 Hons: l. The amounts indicated above are per ERC. (ERC - 217 gpdl 2. The number of remaining ERC' s is 51 3. If the number of remaining ERC's has not cor~ected by December 31, 2001, the maximum charge of $ 69 remains in effect after December 31, 2001. ","""'...________u - - -, -- -- -.~ ~ ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 113 16G 3 SSU/MARCO SHORES SCHEDtJ'LE 10-C J.T.T.tnn.W~ ,.OR. J'UJlDS PIltmnn"LY DlVES"m WASTEWATER COLLECTION AND PUMPING 1997 1998 1999 2000 2001 January $ 2 $ 23 $ 44 $ 66 $ .91 February 3 24 46 68 93 March 5 26 48 70 .95 April 7 28 49 72 97 "'.ay 9 30 51 74 .99 June 10 31 53 76 101 July 12 33 55 78 103 August 14 35 57 80 105 September 16 37 5.9 92 108 October 17 38 61 84 110 Noverr.ber 19 40 63 86 112 Decer:lber 21 42 64 88 114 !lons: 1- The amounts indicated above are per ERC. (ERe . 155 gpd) 2. The nwnber of remaining ERC' 8 is 84 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of .$ 114 remains in effect after December 31, 2001. ___,,,,,,>,,..-_..,,,_~,,<.,,,,,,,.,,,,,.;,,;,_../litl_''''''"'''''''~''''''''''''''''''''"'''''''; ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 1.14 16G 3 SSU/MARCO SHORES SCHEDO'LE 10 - D U11LW1l.VC:Z '"OR. rmma PRtmmft'LY nrns'l1m WASTEWATER TREATMENT AND DISPOSAL 1997 1998 1999 2000 2001 January $ 13 $ 172 $ 335 $ 509 $ 695 February 26 186 350 524 711 March 40 199 364 540 728 April 53 213 378 555 744 May 66 226 393 570 760 June 79 240 407 586 777 July 93 253 421 601 793 August 106 267 436 617 810 Septe~r 119 280 450 632 826 October 132 294 465 647 843 November 146 307 479 663 859 December 159 321 493 678 876 mza.s..1. 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC' s is S4 3. If the number of remaining- ERe's has not connected by December 31, 2001, tbe maximum charge of $ 876 remains in effect after December 31, 2001. _"^_ ,.._~_..~_".,-..___.__!Ji>."~'n.::_.'___"~'~"''''''''''''''':''''':'';''''''-'''',~:i'.'''';''''''''01it''iII~",''''~__''''''_:"'~''''''''''-'''.'''''''''~;''':''':'':"''',...,.,......,.;-....-..,.,.....' ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 115 16G 3 SSU/MARION OAKS SCHZOULE 10-A 1T.T.ntn.1Jt'"1! '"OR I"mmS PlltmDTLY DJV%BT'KD WATER SUPPLY AND TREATMENT 1997 1998 1999 2000 2001 January $ 1 $ 9 $ 18 $ 27 $ 39 February 1. 10 19 29 38 March 2 11 19 29 39 April 3 11 20 30 40 May 3 12 21 31 41 June " 13 22 32 42 July 5 13 23 32 43 August 6 14 23 33 44 September 6 15 24 34 45 October 7 16 2S 3S 46 Nove~r 8 16 26 36 47 December 8 17 26 37 48 ~ 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is sse 3. If tbe number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 48 remains in effect after December 31, 2001. ___..4l>"~ '1'1111'1 1"'- ""_- ,_..~_""""__~_",,,<=-'.U..IK""'I'H_'~Il_"'W1"""_'""_~"_"_"" '.; ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 95049S-WS PAGE 116 16G 3 SSU/MARION OAKS sou:;..uULE 10-B J..L~ClI: '"OR. Ymmfl PlltJDmn'LY nfVI:STKD WATER 'I'R1\NSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 7 $ 92 $ 181 $ 278 $ 383 February 14 99 189 286 393 March 21 106 197 295 .02 April 28 114 205 304 412 ""IAY 35 121 213 312 421 June .2 128 221 321 431 July <19 136 229 330 HO August 56 143 237 339 450 Septerrber 63 151 245 347 459 October 70 158 253 356 469 November 77 165 261 365 .78 December 84 173 269 374 .88 NonS: 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC's i89,446 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 488 remains in effect after December 31, 2001. R _.'11I _ __~""""~""';''''''''" *"'*'..<.'f....~"'.'.,;I'M";""'..H'..I'.-' 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 95049S-WS PAGE 117 SSU/MARIOU OAKS sCHEDULE 10-C I. T.T.nv1lIlCll: .,OR Y'OHDS PRtrD1nI'TL T T1I'V1rfM'lm WASTEWATER COLLECTION AND PUMPING 1997 1998 1999 2000 2001 Janullry $ 14 $ 183 $ 358 $ 548 $ 753 February 28 197 374 565 772 ,.,....rch 42 212 389 582 790 April 56 226 405 599 809 May 70 241 421 616 827 June 84 255 437 633 845 .:ruly 98 270 452 650 864 August 112 284 468 667 882 September 126 299 484 684 901 October 140 313 499 701 919 Noverr.ber 154 328 515 718 938 ~cember 168 342 531 735 956 WOTZa; l. The amounts indicated above ~re per ERC. (ERC . 155 gpdl 2. The number of remaining ERC' s is 260 3. If the number of remaining ERC I S has not connected by December 31, 2001, the maximum charge of $ 956 remains in effect after December 31, 2001. ......__....___U~"._ ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 118 16G 3 SSU/MARION OAKS SQUIDOLE 10-D ~~ ,"OR nMDS PRtm'Im'rLY nrvI:STE:D WASTEWATER TREA'I'MEN'l' AND DISPOSAL 1997 1998 1999 2000 2001 January $ 7 $ 86 $ 171 $ 262 $ 360 February 13 93 179 270 369 r-tl.rch 20 100 186 279 378 April 26 107 194 287 387 May 33 114 201 295 395 June 39 121 209 303 404 July 46 128 216 311 413 August S3 135 224 319 421 September 59 142 232 327 430 October 66 149 239 335 439 November 72 lS6 247 343 448 December 79 164 254 352 456 };OTltS : 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC' s is 819 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 456 remains in effect after December 31, 2001. 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 119 SSU/MEREDITH MANOR SCHEDULE 10-A I.T.T.mnlf~ '"01'- FmmS P1'-tmmrrLY TlNKSTXD WATER SUPPLY AND TREATMENT 1997 1998 1999 2000 2001. January $ 0 $ 6 $ 11. $ 17 $ 23 February 1 6 1.2 18 24 March 1 ? 12 18 24 April 2 7 1.3 19 2S May 2 8 13 19 26 June 3 8 14 20 26 July 3 8 14 20 27 August " 9 15 21 27 september " , 15 21 28 October " 10 16 22 28 November 5 10 16 22 29 December 5 1.1 17 23 30 NOTZS: 1- The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC's is 58 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 30 remains in effect after December 31, 2001. ~-".__....,"~-~-,---"';-~' ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 120 16G 3 S~lJLE 10-B SSU/MEREDITH MANOR U.T~~ ,.OR. YmlDI 1t"flmYliM'LT T1IV1!I'!'ZD WATER TRANSMISSION AND DISTRIBU'l'I011 :1997 1998 1999 2000 2001 January $ 5 $ 68 $ 134 $ 206 $ 285 February 10 73 140 2:L3 292 March 16 79 146 219 299 April 21 84 152 226 306 May 26 90 158 232 313 .June 31 95 164 239 321 July 36 :10:1 170 246 328 August 42 106 176 252 335 september 47 112 :L82 259 342 October 52 117 188 265 349 November 57 123 194 272 356 December 62 128 200 278 363 ~OT'XS : 1- The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC's is 227 3. If the number of remaining ERC'S has not connected by December 31, 200:1, the maximum charge of $ 363 remains in effect after December 31, 2001. 1"""'li'''looi'__~'~'''''''--'<~''''''''''''-'" ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 121 SSU/MEREDITH MANOR 16G 3 Sc:libDOLE 10-C 1.T.T.mD.1f~ ,"OR FmlDR PIlt1D1mTLY T'MV'KSTED WASTEWATER COLLECTION AND PUMPING January February March April l~y June July August September October November December NOTES: 1997 $ 11 23 34 46 57 68 80 91 103 114 125 137 1998 1999 2000 $ 441 455 468 481 495 508 522 535 549 562 576 589 2001 $ 603 618 632 647 661 676 690 704 719 733 748 762 1. The amounts indicated above are per ERC. (ERC _ 155 gpd) :2. The number of remaining ERe's is 5 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 762 remains in effect after December 31, 2001. $ 148 $ 290 160. 302 172 315 184 327 195 340 207 353 219 365 230 378 242 390 254 403 266 U5 277 428 ~ " .. '" ~ ....,:'. I .' 17-'.......: :: I'" 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 122 scm;Dt7LE 10 - B SSU/ MORNINGVIE"'" U.LOWJ.l(~ '"OR Y'tJNOS PRUOlmTLY TWVllS'l'1m WATER TRANSMISSIOlI AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 2 $ 20 $ 39 $ S9 $ 81 February 3. 21 40 61 83 March 5 23 42 63 85 April 6 24 44 65 81 May 8 26 46 67 89 June 9 28 47 68 91 July 11 29 49 70 93 August 12 31 51 72 95 September 14 32 S2 14 97 october 15 34 54 76 99 November 17 35 56 78 10I December 18 37 57 79 103 liCYMI:S: 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERe's is 6 3. If the numbe::' of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 103 remains in effect after December 31, 2001. rl r,;~.""'"""_t-"""""''''~''- 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 123 SSU/ MOP.NINGVIEW SCHEDULE 10- C .T.T.mD.lf~ '"OR l"tmDa PR.t1DW'H"rLY Ym7J:STXD WASTEWATER COLLECTION AND PUMPING 1997 1998 1999 2000 2001 January $ 12 $ 152 $ 292 $ 439 $ 596 February 23 163 304 452 609 March 35 175 316 465 623 April 47 187 328 478 637 May 58 198 341 491 651 June 70 210 353 504 664 July 82 221 365 517 678 August 94 233 377 530 692 September 105 245 390 543 706 October 117 256 402 556 720 Nover:lber 129 268 414 569 733 December 140 279 426 582 747 ~s: L The amounts indicated above are per ERe. (ERC . 155 gpd) 2. The number of remaining ERC' s is 12 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 747 remains in effect after December 31, 2001. ~"""";,,,,,,,~_,,,,_,,,,,,,,",,,,_,,",,,,,,,,",,,,,,,,,,,,'k,,,""'.,,,,,,,,,,",,, 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOcY~T NO. 9S0495-WS PAGE 124 sCHEDt1LE 10 - D SSU/ MQRNINGVIEW a.7.T.mn.N~ ,"Oll rmms PRut)1m'TLY TmT'I!ESTXD WASTEWATER. TREA'I'MEh'"l' AND DISPOSAL 1997 1998 1999 2000 2001 January $ 1 $ 17 $ 32 $ 48 $ 65 February 3 18. 33 49 67 March 4 19 3S 51 68 April 5 20 36 52 70 May 6 22 37 54 71 June 8 23 39 SS 73 July 9 24 40 57 74 August 10 25 41 58 76 September 11 27 43 59 77 October 13 28 44 61 79 November 14 29 45 62 SO December lS 30 47 64 82 UO'T"Es: 1. The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 60 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 82 remains in effect after December 31, 2001. 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 125 SSU/OAK FOREST SCHEDULE 10-B .ap.mB.llCZ ,"OR. ~g PR.UDJd9'TLY TVV".RSTlm WATER TRANSMISSION 111lD DISTRIBUTION 1997 1998 1999 2000 2001 January $ 1 $ 11 $ 21 $ 31 $ 42 February 2 11 21 32 43 March 2 12 22 33 44 April 3 13 23 34 4S May " 14 24 3S 46 Junl'! 5 15 25 36 47 July 6 16 26 37 48 August 7 16 27 38 49 September 7 17 28 39 SO October 8 18 28 39 51 November 9 19 29 40 52 December 10 20 30 41 S3 )r0't"K 9 : 1- The amounts indicated above are per ERC. (ERe . 217 gpd) 2. The number of remaining ERC' s is 140 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 53 remains in effect after December 31, 2001. ""_~"",~~,_",,,_,,,,,,,,",-"'"""''''''''''''' '_<'__""~'~"'_;",_",,,.~N'<.;.",' ." ,. ORDER NO. PSC_97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 126 S5tl/PALISADES CQUNT'RY CLUB 16G SCl1.lWULB 10 - B ~~ '"OR Y'mIDS PRUDmrt'LY T",V1Ui"l'KD WATER TRANSMISSION AND DISTRIBUTION January February March April May June July August September October November December N~~: 1997 $ o $ o o o 1 1 J. J. 1 1 1 1 1998 1 $ 2 2 2 2 2 2 2 2 2 3 3 1999 3 $ 3 3 3 3 3 '" '" 4 4 4 4 2000 4 $ 5 5 5 5 5 5 5 5 6 6 6 3 2001 6 G 6 6 7 7 7 7 7 7 8 8 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is 84 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ B remains in effect after December 31, 2001. 'r._",_,,,,,,,.,__"'.~'.'H""" .,,,,..............,,.,._,,,.."'>.,,,'" ...,.,'"~-...,,,...,,.,"'.,,,..,..,.," "'~..."..._"'.._"-''''~'''''"."'''''.,,~"_.,.~..-''''''.,.,''''--_.,,., 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 127 SSU/PALM PORT Sou;.uOLE 10-B I..T.T.nw1W~ ,.011. 9'mmSl P1ltmmrn,y ~Jl'i'ED WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 0 $ 2 $ 4 $ 6 $ 8 February 0 2 4 6 8 March 0 2 4 , 9 April 1 2 4 7 9 May 1 3 5 7 9 June 1 3 5 7 9 July 1 3 5 7 9 August 1 3 5 7 10 September 1 3 5 7 10 October 2 3 5 8 10 November 2 4 6 B 10 December 2 4 6 8 10 NOTES: 1- The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 27 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 10 remains in effect after December 31, 2001. loG 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 12B SCHEDt1LE 10-C SSU/PAlJ'I PORT lI,T.mrura ,.OR YmlDS nun1m'T'L y TWV1!!l-rED WASTEWATER COLLECTION AND pUMPING 1997 1998 1999 2000 2001 January $ 8 $ 107 $ 207 $ 313 $ 426 February 17 116 2:1.6 322 436 March 25 124 225 332 446 April 33 132 233 34:1. 456 May 41 140 242 350 466 June 50 149 251 360 476 Jul:r 5a 157 260 369 486 AU:JUst 66 165 269 378 496 september 74 174 277 388 506 October 83 182 286 397 516 November 91 190 295 406 526 Dece~r 99 198 304 416 536 lI.f)'MI: S : 1- The amounts indicated above are per ERC. (ERC - lSS gpd) 2. The number of remaining ERC' s is 27 3. If the number of remaining ERC's bas not connected by December 31, 2001, the maximum charge of $ 536 remains in effect after December 31, 2001. ORDER NO. PSC-97-J374-FOF-WS DOCKET NO. 950495-WS PAGE 129 16G ~ .' SSU/PALM PORT Sc:u::DULE 10.D llT.T.l'YW1lfCK ,.OJ. YmlDB PR.tID1DrT'LY TWVIlS~ WASTEWATER TREATMENT AND DISPOSAL 1997 1998 1999 2000 2001 January $ 9 $ 112 $ 218 $ 332 $ 45.. February 17 121 227 342 465 March 26 129 237 352 476 April 34 138 246 362 487 May 43 147 256 372 498 June 52 156 265 383 509 July 60 165 275 393 520 August 69 173 284 403 531 September 77 182 294 413 541 October 86 191 303 423 552 November 95 200 312 433 563 December 103 209 322 443 574 HOTES: l. The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 82 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 574 remains in effect after December 31, 2001. ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 1.30 16G 3. ssu IP~ TERRACE sCHZOULE 10-C lJJ..QY1IJ~ ,.Oll nnml n.tmnrrLY TWVI:gTZ;D. WASTEWATER COLLECTION 1\ND PUMPING 1997 1999 1999 2000 2001 January $ 0 $ 6 $ 12 $ 18 $ 25 February 1 6 12 19 26 March 1 7 13 19 27 April 2 7 13 20 27 May 2 8 14 21 28 June 3 8 14 21 29 July 3 9 15 22 29 August 4 9 15 22 30 September 4 10 16 23 31 October 4 10 17 24 31 November 5 11 17 24 32 December 5 11 18 25 33 NOTES: 1. The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC's 1s5,6S8 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 33 remains in effect after December 31, 2001. ~ ..__--.-""-....""'..' i.~'"",,,,, ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 131 16G 3 SSU/PALMS MOBILE HOME PARK SCHEDULE 10-B .T.T.pwur~ ,"OR Y'mmS PRUD1m'n.Y TlNI!:STKD WATER. TRANSMISSION AND DISTRIBU"l'ION 1997 1998 1999 2000 2001 January $ 1 $ 8 $ 16 $ 25 $ 34 February 1 9 17 26 35 !-larch 2 10 18 27 36 April 3 10 18 27 37 May 3 11 19 28 38 June 4 12 20 29 39 July 4 12 21 30 39 August 5 13 2l 30 40 september 6 14 22 31 41 October 6 14 23 32 42 November 7 lS 24 33 43 Decel1'.ber 8 16 24 34 44 WOT'RS: 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERe's is 28 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 44 remains in effect after December 31, 2001. _.,,---""'~>' 16G 3 ORDER NO. Psc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 132 sou:;DUI..E 10 - B SSU/ PICCIOLA ISLAND l.p.nwufCZ Fcnt rmms PltnD~Y nNti'.1:m WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 1 $ 9 $ 17 $ 26 $ 35 February 1 9 17 26 36 March 2 10 18 27 37 April 3 11 19 28 38 May 3 11 20 29 39 June 4 12 20 30 39 July 5 13 21 30 40 August 5 13 22 31 41 septetr'ber 6 14 23 32 42 October 7 15 23 33 43 November 7 15 24 33 44 December 8 16 25 34 4S B'pTES: 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 73 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 45 remains in effect after December 31, 2001. ~__",,,,,,,,,,,,,,,,,,,_~,__,,,.,'''.1.' """"'*''''''''''''''''~'''''''''''-'''."",,,,--,._,,,,,,..",;,.,,,...~, .,.;,;......"',..._"."''''.;,H "",' '".,"" ."., ,......>-'''''''''''',....,.,~,;.~-,.~ "-' ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 133 16G 3 ssu/ PINE RIDGE ESTATES SCHEDULE 10-A k ' If ALl"roD.N~ I'Oll 1"UlID1I PRtmmrTLY TmTI[a'!'ED WATER StlPPLY AND TREATMENT t I 1997 1998 1999 2000 2001 J t I January $ 0 $ 4 $ 7 $ I 11 $ 15 February 1 4 8 12 16 March 1 4 8 12 16 April 1 5 8 12 17 May 1 S 9 13 17 Jun~ 2 5 9 I 13 17 July 2 6 9 13 18 August 2 6 10 I 14 18 september 3 6 10 14 18 October 3 6 10 l 14 19 November 3 7 11 lS 19 December 3 7 11 lS 20 ,. '" j ~ lions: 1- The amounts indicated above are per ERC. (ERC . 211 gpd) " 2. The number of remaining ERC~8 is 648 3. If tbe number of remaining ERC's has not connected by December, 31, 2001, the maximum charge of $ f 20 remains in effect after December31~ 2001. _ ...4lI'lllIl' I( 'I ___"""_"#c'_~""\"''''--'''''''''''''",","''''''^'''''_'''' 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOcY~T NO. 950495-WS PAGE 134 ssu/ PIh~ RIDGE ESTATES Sa:u:J)ULE 10-B !T.T.mnX~ FO}t. YTnmg Pll.tm1lN"l'LY nNXS:t1I2 WATER TRANSMISSION ~TD DISTRIBUTION 1997 199B 1999 2000 2001 January $ 2 $ 31 $ 61 $ 93 $ 129 February 5 33 63 96 132 March 7 36 66 99 135 April 9 3B 69 102 138 May 12 41 71 105 141 Jun~ 14 43 74 lOB 145 July 16 46 77 111 148 August 19 48 79 114 151 September 21 SO 82 117 154 October 24 53 85 120 157 November 26 55 88 122 161 December 28 5a 90 125 164 NOTES: 1. The amounts indicated above are per ERe. (ERe - 217 gpd) 2. The number of remaining ERC' s is 65 3. If the number of remaining ERC I S has not connected by December 31, 2001, the maximum charge of $ 164 remains in effect after n.cember 31, 2001. . f _"'... _....."""o..._,_..-.._""'...._.M_....-'"''',""~~^-..,.;''' opnER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 135 SSu/ PINE RIDGE UTILITIES 16G Sc:H.e.OOLE 10-B J. T.T .oWJ.NClI: '"OR 'l"mma PRt1D1m"!'L Y TWV'1I:STK]) WATER TRANSMISSION ~ DISTRIBUTION January February March April May June July AUgust September October November December lfOTES: 1997 $ 12 24 36 4B 60 71 83 95 107 119 131 143 1998 $ 155 16B 180 193 205 218 230 243 255 268 280 ,293 1999 $ 307 320 334 347 361 375 388 402 US 429 443 456 2000 $ 471 486 SOl 516 530 545 560 575 590 60S 619 634 2001 $ 650 667 683 699 700 700 700 700 700 700 700 700 1. The amounts indicated above are per ERC. (ERC .. 217 gpd) 2. The number of remaining ERe's is2,936 3. If the number of remaining ERC I S has not connected by December 31, 2001, the maximum charge of $ 700 remains in effect after December 31, '2001. __,_,,,,,,,_,,,,,,,,,,",,~,,,~,~",,"~,,,,,,,_""c,",,,,,,,-,,,,,,,,,,'H.,.-,.-.. i",,,...,,~...,".;,,,,,",,.".r" ~, ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 136 SSU/ ?INEY WOODS 16G 3 SOIEDULE 10-B 1LLCW1NCK '"OR. rmms Pllt1D1mTLY nrn:S'l'KD WATER TRANSMISSION AND DISTRIBUTION January February March April May June July August September October November December 1l0'rltS: 1997 1998 1999 S2 56 61 65 69 73 78 82 86 90 95 99 $ 103 108 113 117 122 126 131 136 140 145 150 154 2000 $ 159 164 169 174 179 184 189 194 199 204 209 215 2001 $ 220 225 231 236 242 247 253 258 264 269 275 280 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC'S is 44 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 280 remains in effect after December 31, 2001. "~_____""<",_,,,"._""1<",,,;,,,_,,,,,",,,,,,_,,,,'4'1'~"''''"'""'~ ';',' ",:< /,'~' >~ ,',,: "i',X_ $ $ 4 8 12 16 20 24 28 32 36 40 44 48 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 137 16G 3 sCB:EDULE 10 - B ssu/ POINT O'WOODS U.T.n1IrUl~ ,"OR -rUWI)!1 p1ltm'Im't'LY TWV'JEg't'KD WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 200:1. Jal'luary $ 1 $ 16 $ 3J. $ 48 $ 66 February 2 17 33 49 67 March 4 18 34 51 69 April 5 20 35 52 70 May 6 2:1. 37 54 72 June 7 22 38 55 73 July 9 24 39 57 75 August 10 25 4:1. 58 77 September 1:1. 26 42 60 78 October :1.2 27 44 6:1. 80 November 13 29 45 62 81 December :1.5 30 46 64 83 UpT'Es: 1- The amounts indicated above are per ERC. (ERe _ 217 gpd) 2. The number of remaining ERC' s is 40 3. If the number of remaining ERC I S has not connected by December 31, 2001, the maximum charge of $ 83 remains in effect after December 31, 2001. ....___,,_..._""'~,.>i",..,.....," ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 138 16G 3 ssu/ POINT O'WOODS SCHEDULE 10-C :I.T.T.mnl!I~ '"OR -rmmS P:RnT\1m'!'t..Y TWV'IfSTED WASTEWATER COLLEC"l'ION AND PUMPING 1997 1998 1999 2000 2001 January $ 12 $ 157 $ 308 $ 471. $ 648 February 24 170 322 486 663 March 36 182 335 501 679 April 48 195 349 515 695 May 60 207 362 530 711 June 72 220 376 544 726 July 84 232 389 559 742 August 97 245 403 573 758 september 109 257 416 588 774 October 121 270 430 603 790 November 133 282 443 617 80S December 145 295 457 632 821 mrn:S : 1- The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC' s is 22 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 821 remains in effect after December 31, 2001. "'",,"",1_;;_'"''_'"'.''-''''-'''.''''' ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 139 ssu/ ?aIliT O'WOODS 16G 3 S~CLE 10-D ALT.oW1N~ ,"OR nnms PlltJD~Y TlIVJI:S'l'KD WASTEWATER T'REA'I'MEliT AND DISPOSAL January February March April May June July August September October November December NO'l'l!:S: 1997 $ 9 18 27 36 45 54 62 71 80 89 98 107 1998 $ 116 125 134 143 152 161 171 180 189 198 207 216 1999 $ 226 235 245 255 264 274 284 293 303 313 322 332 2000 $ 342 353 363 374 384 394 405 415 425 436 446 457 2001 $ 468 479 490 501 S12 523 534 546 557 568 579 590 1. The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 220 3 . I f the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 590 remains in effect after December 31, 2001. 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 14.0 ssu/ POMONA PARK SCHEDULE 10-B U.T..mf~ '"OR 7rnmA P'Rtm~Y T1I1V1I:g"1'KD WATER TRANSMISSION 111m DISTRIBUTION 1997 1998 1999 2000 2001 January $ 1 $ 12 $ 23 $ 3S $ 48 February 2 13 24 36 49 March 3 13 25 37 50 April 4 14 26 38 52 May 4 15 27 39 53 June 5 16 28 40 54 July 6 17 29 41 55 August 7 18 30 42 56 September 8 19 31 44 57 October 9 20 32 45 59 November 10 21 33 46 60 December 11 22 34 47 61 1J0'l'l!: S l 1- The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC's is 360 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 61 remains in effect after December 31, 2001. _.__.,"._.._--,..".~-,~...~_........-"""""""-~"'.,"_........_""-_..""'.."''"'''" ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 141 16G 3 SS"J/ POSTMASTER VILLAGE St.:w-.;./.JOLE 10-A II.T.tnn.Jl('!1l ,"OR. 1'tMDI PRtmnTLY TlNJESTE WATER SUPPLY ~ TREATMENT 1997 1998 1999 2000 20Q1 January $ 3 $ 33 $ 64 $ 97 $ 133 February 5 35 67 100 136 t-'.arch 8 38 69 103 140 April 10 41 72 106 143 May 13 43 7S 109 146 June lS 46 78 112 149 July 18 .(8 80 115 152 August 20 51 83 118 156 September 23 53 86 121 159 October 25 56 89 124 162 November 28 59 92 127 165 December 30 61 94 130 168 WO"rKs: 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 29 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 168 remains in effect after December 31, 2001. ':;' . .:.\~: :':"" : ~ ,: ,:, .~', \, " ",:< ".': .::,.: " , . '. ','. ::: . ' ,-.',; '/. ~,- '.:,,: ',! .:~<" '. :' '," :: '","..," , ' ': \ ,:' ~-~~ ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 142 16G 3 ssu/ POSTMASTER VILLAGE SCHEDULE 10-B .T.T.mnB~ ,"all 1I"t1m)S ~t1D~Y TWV'1lSTZD WATER TRANSMISSION 1.ND DISTRIBtJ"I'ION 1997 1998 1999 2000 200l. January $ 6 $ 74 $ 147 $ 225 $ 311 February 11 80 153 232 318 March 17 86 . 160 239 326 April 23 92 166 246 334 May 28 98 173 253 341 June 34 104 179 261 349 July 40 110 l.B6 268 357 August 45 116 192 275 364 September 51 122 199 282 372 October 57 128 205 289 380 November 63 134 212 296 387 Decerr.ber 68 140 218 303 395 :r;O'I'ES: 1. The amounts indicated above are per ERC. (ERe _ 217 gpd) 2. The number of remaining ERC' s is 180 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 395 remains in effect after December 31, 2001. ORDER NO. Psc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 143 16G 3 ssu/ QUAIL RIDOE scmrot1Ll 10. B )T.T.mr1lICB ,"Oil I"tl'HDS Pllt:Jtl~Y TWV'1I:S'l'm) WATER TRAnSMISSION AND DIS'I'RIBU'I'ION 1997 1998 1999 2000 2001 January $ 0 $ 4 $ 7 $ 11 $ 15 February 1 4 7 11 15 March 1 4 8 12 16 April 1 4 8 12 16 May 1 5 8 12 17 June 2 5 9 13 17 July 2 5 9 13 17 August 2 6 9 13 18 September 2 6 10 14 18 October 3 6 10 14 18 November 3 7 10 14 19 December 3 7 11 15 19 }lpnS: 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC's is 84 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 19 remains in effect after December 31, 2001. ."."_"",.."",_"""",~____,_,,,,,,,,,,_,",-__,,Mt_"',""'"'' .,',."""'_,..,;."'...""_."""_,"..r..'._""',.,......",..";_"'~."'..,.""'~ bO-,., ,'",~ ",",_".~._...~".-.."'., H,....._,~ ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 144 16G 3 SSU/ RIVER GROVE sCHEDtrLE 10-A ~CK ,"O'R. wrmma 'P'R.uonrn.Y T'lI'VKS'l'n WATER SUPPLY AND TREATMENT 1997 199B 1999 2000 2001 January $ 1 $ 1.4 $ 28 $ 42 $ 56 February 2 15 29 43 58 March 3 16 30 44 S9 April " 18 31 45 60 May 6 19 32 46 62 June 7 20 33 48 63 July 8 21 34 49 64 August: 9 22 36 50 66 September 10 23 37 51 67 October 11 24 38 53 68 November 12 25 39 54 70 December 13 26 40 55 71 WO"I'K 9 : 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 140 3. If the n1.Ulll::>er of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 71 remains in effect after December 31, 2001. ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 145 ssu/ RIVER GROVE 16G 3 SClU,;[)ULE 10-B lLT.T.mrJ.!f~ tOR. rmml PIlt1D1m'1"LT T1'1V1ESTBD WATER TRANSMISSION AtlO DISTRIBUTION January February March Apr il May June July AUgu3t September October November December RpT'KS : 1997 $ 2 $ 4 6 . 8 10 13 15 17 19 21 23 25 1998 27 $ 29 32 34 36 38 40 43 45 47 49 51 2000 1999 54 $ 82 56 85 58 87 61 90 63 92 65 95 68 97 70 100 72 103 75 105 77 108 80 110 2001 $ 113 116 119 121 124 127 130 132 135 138 141 144 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2 . The number of remaining ERC' s is 15 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 144 remains in effect after December 31, 2001. O~ER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 146 16G 3 SSU/ ROSEMOlIT/ROLLING GREEN sCHEDULE 10-B :U.T.n1D.1llC!Z '"OR rmms PRtJD1mTLY ~'t'XD WATER TRAl7SMISSION Jl.ND DISTRIBUTION 1997 1998 1999 2000 2001 January $ " $ 53 $ 104 $ 160 $ 221 February 8 57 109 165 226 March 12 61 113 170 231 April 16 65 11.8 175 237 May 20 70 122 160 242 June 24 74 127 lBS 249 July 28 78 132 190 253 August 32 62 136 195 259 september 36 87 14.1 200 264 October 40 91 146 205 270 November 44 95 150 210 275 December 48 99 155 215 281 ltCYrKS: 1- The amounts indicated above are per ERC. (ERC _ 217 gpd) 2. The number of remaining ERC' s is 16 3. If the number of remaining ERC I S has not connected by December 31, 2001, the maximum charge of $ 281 remains in effect after December 31, 2001. _.____..---L~_.~ . __ _ _____. _ _ .____.~..,______.J_ ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 147 ssu/ SALT SPRINGS 16G 3 S CH.tl>tJLE 10 - B 1T.T..mnx~ "OR YTl'IIt)g p1tnn~T TlIIV1UI"1"KD January February March April May June July August september October November December 1JP'l"E s : WATER TRANSMISSION 1>.ND DISTRIBUTION 1997 1998 1999 2000 2001 $ 331 339 347 355 364 372 380 388 396 404 413 421 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 44 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 421 remains in effect after December 31, 2001. ~. _.."""_._,.,,,,,,,,,,,,,,.,,,,,,,,,,,,,,.,,,,,,..,..,.,c,..;;. $ , 12 18 24 30 37 43 49 55 61 67 73 $ 80 $ 156 86 163 92 . 170 99 177 105 184 111 191 118 198 124 205 130 212 137 219 143 226 149 232 $ 240 247 255 262 270 278 285 293 300 308 315 323 :":. ';,:.;'::~;:".,':.{.:..." .~/'."'_''':,''.'..<'. " .~/:'; :< :"> "':;' <I.'":.;"~,,,,:,,-::' \~;oIl.'.J.'.'I}\~.~.: 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 148 ssu/ SALT SPRINGS sc:m:I>U'LE 10-C u.T.mnNCK ,"cm rmrD$ JlRt1D1MT'LY TlNRSTK]) WASTEWATER COLLECTION AND PUMPI1TG 1997 1998 1999 2000 2001 January $ 8 $ loa $ 211 $ 321 $ 440 February 17. 117 220 331 451 March 2S 125 229 341 461 April 33 134 238 351 472 May 42 142 248 361 482 June SO 151 257 370 493 July 58 159 266 380 504 August 67 168 275 390 514 September 75 176 284 400 525 October 83 185 293 410 535 November 92 193 302 420 546 December 100 202 312 429 557 NOTXS: 1- The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 75 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 557 remains in effect after December 31, 2001. '. '. . _;.'" '~I .. . : ". I ~ ',,' ':.) ....~ ....~,.). ".,"."""'''.. ..".,.>.."".-......".,'''' ".""_....--~""'";...;,......".~,..,.,-""..,,.""'~,."..." - -- -. - 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 149 SSU/ SALT SPRINGS SCHEDULE 10-D ll.T.T..mn..~ ,"OR. .-mro!Z pR.tm1nft'LT T1!rVK2'f'KD WASTEWATER T.REATMEN'1' AND DIS POSAL 1997 1998 1999 2000 2001 January $ 6 $ 82 $ 157 $ 237 $ 323 February 13 88 164 245 331 March 19 94 170 252 338 April 25 100 177 259 346 May 31 107 184 2GG 353 June 38 113 190 273 361 July 44 119 197 280 369 August 50 125 204 287 37G September 56 132 210 294 384 October 63 138 217 301 391 november 69 144 224 308 399 December 75 150 230 316 406 NOT'KS: 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC' 8 is 316 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 406 remains in effect after December 31, 2001. ~...-",."""",-"....".~,,,-,.,,,,.~,.,, ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 95049S-WS PAGE 150 16G ssu/ SAMIRA VILLAS Sou:;iJULE 10 - B aT T.t'7W11fCK rem. nnms ~1nI'l'!.. y TlIVESTED WATER TRANSMISSION AND DISTRIBU'I'ION 1997 1998 1999 2000 2001 January $ 1 $ 11 $ 22 $ 33 $ 46 Februa.ry 2 12 23 34 47 March 3 13 24 3S 4B April 3 14 25 36 49 May 4 15 26 37 50 June 5 15 26 38 52 July 6 16 27 40 53 August 7 17 28 41 54 September 8 18 29 42 SS October 8 19 30 43 56 November 9 20 31 44 57 December 10 21 32 45 58 UpTl:S : 1- The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 44 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 58 remains in effect after December 31, 2001. 3 --_.._......._."''''"...-.'''._-,.,"'''''~...,~--- - I6G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 95049S-WS PAGE 151 ssUj SILVER LAKE ESTATES/WESTERN SHORES S Qil:a.)0LE 10 - A JoT.T.rnt1WCll: rOR J'tl'lIIDS PIltm1DtTt.Y nrvKSTED WATER SUPPLY AND TREATMZN'l' 1997 :1.998 1999 2000 2001 January $ 2 $ 21 $ 41 $ 63 $ 86 February 3 23 43 65 88 March 5 24 45 67 90 April 6 26 46 68 92 l'lay 8 28 48 70 94 June 10 29 SO 72 96 July 11 31 52 74 98 August 13 33 54 76 100 September 15 34 55 78 103 October 16 36 57 80 105 November 18 38 59 82 107 December 19 39 61 84 109 HOT1!:S: 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is 744 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 109 remains in effect after December 31, 2001. ",_,,,,,,,,*,''''';;'.W,,,,,~_'''''''',~I",,#,,'''~'.''.'',lil'<i4>.'''",.''''''".,. H."'! ,~;,."""",,;,,~,,....""I'"'' "'~;H ---...-'..,.-.-.-.. - 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 152 ssu/ SILVER LAKE ESTP.TES/WESTERN SHORES s~LE 10-B tT.T.t'lW11Ic::K '"01- 1I"mmS P1um&lfT'LY DCVlSTED WATER TRAllSMISSION AND DISTRIBUTION 1.997 1998 1999 2000 2001 January $ 2 $ 28 $ 5S $ 84 $ 115 February " 30 57 86 lJ.8 March 6 32 59 89 121 April 9 34 62 92 124 May J.l 37 64 94 127 June J.3 39 67 97 130 July J.S 4J. 69 J.OO 133 August 17 43 71 102 13S September 19 46 74 105 138 October 21 48 76 107 141 November 23 SO 79 110 144 December 26 S2 81 113 J.47 %fOTKS : 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC's is 342 3. If the number of remaining ERC' s has not connected by December 31, 200J., the maximum charge of $ 1.47 remains in effect after December 31, 2001. .. _........"--~-,~--_.--,~~...,..., ..."-"."-",.","",,,~,,,~ 16G 3 I ORDER NO. FSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 153 ssu/ SILvn ~ OAKS SCHEDULE 10-A AI.l"nvutCK I'~ -rmma Plltm~"( TWV1!:STm WATER SUPPLY AND TREATMENT 1997 1998 1999 2000 20Ql J am:.ary $ 2 $ 22 $ 43 $ 66 $ 90 February 3 24 4S 68 92 March 5 26 47 70 94 April 7 27 49 72 96 May 9 29 Sl 74 98 June 10 31 52 76 100 .July 12 33 54 78 102 August 14 34 56 80 105 September 15 36 58 81 107 October 17 38 60 83 109 November 1.9 40 62 85 1.11 December 21. 41 64 87 1.13 BQJ"ES : 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' 8 is S7 3. If the number of remaining ERC' s has not connected by December 31., 2001., the maximum charge of $ 113 remains in effect after December 31, 2001. "^~',,,,,,,,"'Oi,,,",,",_,,,,_~,~.""""~-""_""'''''.'''"'''"''''''''''-<"'"'",...._^","".....,. y- -- - JII 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 154 ssu/ SILVER LAKE OAKS SQ1.l:;UaLE 10 - B ~r.r.mD.ltC1l: '"OR. -rmms Plltm1m'1'LT TllV1!:STKD WATER ~lSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 14 $ 181 $ 356 $ 547 $ 700 February 28 195. 372 564 700 March <42 210 388 581 700 April 55 224 403 598 700 May 69 239 U9 615 700 June 83 253 435 633 700 July 97 268 451 650 700 August 111 282 467 667 700 September 125 297 482 684 700 October 139 311 498 700 700 November 152 326 514 700 700 December 166 340 530 700 700 H~g: 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is 27 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 700 remains in effect after December 31, 2001. _ _,~",;<"',"''''J;j,,'_lh_'_''''''''''"''''''''''_~'''~''''''';''''''O 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 155 ssu/ SI1~VER LAKE 01l.KS SO:1WCLB 10-C ~.N~ ,"OR nnma PRtmnrrLY nrvJ:S'l'1m WASTEWA~ COLLECTION AND PUMPING 1997 1998 1999 2000 2001 January $ 3 $ 40 $ 76 $ 113 $ 151 Februa ry 6 .13 79 116 154 March 9 -46 83 120 157 April 12 49 86 1.23 1.60 May 15 52 89 1.26 163 June 18 55 92 129 167 July 22 58 95 132 170 August 25 61 98 135 173 September 28 64 1.01 138 1.76 October 31 67 104 141 179 llovember 34 70 107 144 182 December 37 73 110 148 186 N'CT'Es: 1.- The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 27 3. If the nwnber of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 186 remains in effect after December 31, 2001. JIll .__ ~_"'_ .._"._ ~"'"'_______. - ____n________ /" . ~ ... j' ~ '. ',' . 1 .., t . .1 , .. ."'__",__._'.Hi..'"".'.".."...."...,._-,.... ORDER NO. PSc-97-0374-FOF-WS DO~KET NO. 950495-WS PAGE 156 ssu/ SILv"ER LAKE OAKS 166 3 SCHEDULE 10-D ~~ '"OR fUJlDS Pllt1D1mT'LY TllV'ZSTlm WASTEWATER TR.F.AnmNT AND DISPOSAL January February March April May June July August September October November December NOTll:S: -_.__.~ ...- 1997 1998 $ 19 $ 246 38 265 57 284 76 303 94 323 113 342 132 361 151 380 170 399 189 419 208 438 227 457 1999 $ 478 498 S19 539 560 581 601 622 642 663 684 704 2000 $ 726 749 771 793 815 837 859 881 904 926 948 970 2001 $ 994 1,018 1,042 1,065 1,089 1,113 1,137 1,161 1,185 1,208 1,232 1,256 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERe's is 17 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $1,256 remains in effect after December 31, 2001. _. --.-- ._-- -- - ......._. ....JlIIU~_1lII ---- ~ .---'- ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 157 SSU/ SOU'l1i FORTi 16G 3 SCHEDULE 10-C 1.T.T.nwur~ r01Z. FmlDII ntmlDfTLY ~R'rm WASTEWATER COLLECTION AND PUMPING January Febnary March April May June July August September October November December NO'l'l!:S: 1997 $ 39 78 117 156 195 234 273 312 351 390 428 467 1998 $ 507 547 587 627 666 706 746 786 825 865 905 945 1999 $ 988 1,030 1,073 1,116 1,159 1,202 1,244 1,287 1,300 1,300 1,300 1,300 2000 $1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 2001 $1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC I IS is 17 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $1,300 remains in effect after December 31, 2001. .__...._,;_.',_'_I._'~__;,"''';_jH;.;' _.til~'J",,,",;,~,,,_,,,,"''',''''~I,i'''' ,."";,....,.,;.,;..,....,." 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 15B SCHEDULE 10-D ssu/ SOUTH FORTY AliT.tW1N~ "OR YmmS PRl1D1m'l"LY TWV1II:STXD WASTEWATER TREATMENT .N;o DISPOSAL 1997 1998 1999 2000 2001 January $ 47 $ 605 $1,166 $1,300 $1,300 February 93 652 1,215 1,300 1,300 March 140 698 1,265 1,300 1,300 April 186 745 1,300 1,300 1,300 May 233 791 1,300 1,300 1,300 June 279 838 1,300 1,300 1,300 July 326 884 1,300 1,300 1,300 August 373 931 1,300 1,300 1,300 September 419 977 1,300 1,300 1,300 october 466 1,024 1,300 1,300 1,300 November 512 1,070 1,300 1,300 1,300 December 559 1,116 1,300 1,300 1,300 ~S: 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC' s is 22 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $1,300 remains in effect after December 31, 2001. .""_,.....-;.~"''''"',.,'''-'"'+"''''''_,__,j'lo,;.,,""'''N'.',...N...,~h~'-'.',.,,,., ." ~.'" .,'~ ><H .."~"";,_~,mi;',,,, j, "" """" ~, ''''''0'''' ".,. '""''''' ,.",~,.q".~.",. ."",'" .',,"-'" -" -- - ORDER NO. PSC-97-0374-FOF-WS DOCKET' NO. 950495-WS PAGE 159 16G 3 SSu/ SPR.IHIJ GARDEHS SCHEDULE 10-B l,U.mn.1ICJ: '"OR. FmlDI PlmDDTLY nl'VKS'l'KD WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 1 $ 11 $ 21 $ 32 $ 44 February 2 12. 22 33 45 March 2 13 23 34 46 April 3 13 24 3S 48 May 4 14 25 36 49 June 5 15 26 37 SO July 6 16 27 38 51 August 7 17 28 39 52 September 7 18 29 40 53 October 8 19 29 41 54 November 9 19 30 42 S5 December 10 20 31 43 56 NOTXS: 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is 47 3. If the number of remaining ERC' s bas not connected by December 31, 2001, the maximum charge of $ 56 remains in effect after o.cember 31, 2001. -~......._-,----,.---_.._..,."",,,,....,,,,,,.,..;,....,,.~,,.,,,.,,,,,.,..,.....~,,;,,",.,;".," T ......-- - ., - --- ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 160 SSU/ SPRING GARDENS -- ----- llr:.IIT - .118 16G 3 SOOOJOLE 10-C 1LL01O.NCll: POR. PmlDS PRtJDmrrLY nlVl!l:S'I'lC) WASTEWATER COLLECTION rom PUMPING January February March April May June July August September October November December 5OT'X~ : 1997 $ 3 $ 5 8 . 11 13 16 19 21 24 27 29 32 1998 35 $ 37 40 42 45 48 50 53 56 58 61 64 1999 2000 66 $ 100 69 103 72 106 75 109 78 112 80 115 83 118 86 121 89 124 92 127 94 130 97 133 2001 $ 136 139 142 145 148 152 155 158 161 164 167 170 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC' s is 47 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 170 remains in effect after December 31, 2001. ,-,._-"-----._;....,""..._..-.;"""""'''''"-"'.~,.".~..".'".,.,..~...,,;.,,~.,~.,.".' '. ;'.;;< i,:\ i,~: ..' .,....; ;'.. '~.~ -..... '. : ;: ;'. 16G 3 ORDER NO. PSc-97-r174-FOF-WS DOCKET NO. 9S0495-WS PAGE 161 ssu/ STONE MOUNTAIN Sou:;Ot1LB 10 - B "I.Lm,ur~ ,"OR. W'mlDS P.lWDlmTLY T1I1'VW'.aTED WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 1 $ 13 $ 25 $ 38 $ S3 February 2 14 26 40 S4 March 3 15 27 41 56 April 4 16 28 42 57 May 5 17 30 43 58 June 6 18 31. 44 60 .July 7 19 32 46 61 August 8 20 33 47 62 september 9 21 34 48 63 October 10 22 35 49 65 November 11 23 36 50 66 December 12 24 37 52 67 IJpTXS: 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is 14 3. If the number of remaining ERC'S has not connected by December 31, 2001, the maximum charge of $ 67 remains in effect after December 31, 2001. 17."<1 r."'.__.""";;;""".,'"....;".>~,,-,,~,.~_.;"'-"~,.,.., ORDER NO. PSc-97-0374-FOF-WS DOcYET NO. 950495-WS PAGE 162 16G 3 ssu/ ST. JOHNS HIGHLANDS Sou;JJULE 10 - B p.T.tW'1JtCl: "OR -.mml P'Rtm~Y T1IV'.If~ WATER T'AAl;SMISSION Ah"D DISTRIBUTION 1997 1998 1999 2000 2001 January $ 1 $ 8 $ 1.6 $ 24 $ 33 February 1 9 16 25 34 "'.arch 2 9 17 2S 34 April 2 10 18 26 3S May 3 10 18 27 36 June 4 11 19 28 37 July 4 1.2 20 28 39 August 5 12 20 29 39 September 5 13 21 30 39 October 6 14 22 31 40 November 7 14 22 31 41 Decem!Jer 7 15 23 32 42 liOTES : 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 32 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 42 remains in effect after December 31., 2001. .'_"d_,~__,,,,,,,,~,_,,_,,,,,,,~,,,,,,,-,_,,,,,,,,,,,,_""~""'_""-"'-'4;<.o_,,^",",_""",;""'".".....,""'~""',.""","""_,.."<_..".,,,,.'"'-,.-'".,.. ,....,_...,..~..___,_"""..,""".,,""..........-4.,;...';.,....,.,.,;."""",,,\,,,,._>-~..;....,,...;..,.,,.,, LJ r I~-' - 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 163 str..AR MILL s OU:;.UUI..E 10 - A IT T ~1It"W! 701l ftftmS ItRonmrrr~T nIVKAT1m WATER st1PPLY AJII) TREAT'MENT 1997 1.998 1999 2000 2001 Jaouary $ 2 $ 27 $ 52 $ 78 $ 106 February " 29 54 80 109 Karch (> 31 56 83 111 April 8 33 58 8S 114 Kay 10 3S 60 87 116 June 12 37 63 90 119 July 14 39 65 92 121 August 17 41 67 95 124 September 19 43 69 97 126 October 21 4S 71 99 129 November 23 47 74 102 131 December 25 49 76 104 134 HO'l'l!:S: 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC's is 840 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 134 remains in effect after December 31, 2001. n ~.r~ ..r~'. __.....""..,...'"'...,.L''''....''.'k'"....''''..'"'.;..-.;"~.,'H ". 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 164 SUGAP. MILL sCHEDULE 10-B u.T.o1fUCX ,"em ~B PRt1D2NTLY TlNlI'S"!'lm WATER TRANSMISSION AND DISTRIBOTION 1997 1998 1999 2000 2001 January $ 0 $ 3 $ 6 $ 9 $ 12 February 0 3 6 9 13 March 1 4 6 10 13 April 1 4 7 10 13 May 1 4 7 10 14 June 1 4 7 10 14 July 2 4 7 11 14 August 2 5 8 11 15 September 2 5 8 11 15 October 2 5 S 12 15 November 3 5 9 12 15 December 3 6 9 12 16 NO'l'l!:S: 1. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC' s is 756 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 16 remains in effect after December 31, 2001. 16G 3 ORDER NO. PSc-97-0374-FOF-WS ~~ NO. 950495-WS PAGE 165 SUGAR MILL SQ1J:aJOLE 10-D :I.T.T.tnr1W~ YOR FmmS PRtJDnTLY TJIIVKBTXD WA.STEWATER 'I'R.EA'I'MENT AND DISPOSAL 1997 1998 1999 2000 2001 January $ 6 $ 75 $ 146 $ 223 $ 305 February 12 81 1.53 229 312 March 17 87 159 236 319 April 23 93 165 243 326 May 29 99 172 250 334 June 35 104 178 257 341 July .0 110 184 263 348 August 46 116 191 270 356 September 52 122 197 277 363 October 58 128 203 284 370 November 63 134 209 290 378 December 69 140 216 297 385 Hons ~ l. The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 382 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 385 remains in effect after December 31, 2001. ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 166 16G 3 SSU/ SUQARMILL WOODS S~.tUWULE 10-A ALLOlfUCJl: ,"oJt J'URDS PRtmDTLY TtfV1I:STlm WATER. SUPPLY AND TREATMENT 1997 1998 1999 2000 2001 JlU1uary $ 2 $ 28 $ S4. $ 82 $ 113 February " 30 S6 85 116 March 6' 32 S9 88 119 April 8 34 61 90 121 May 11 36 63 93 124 June 13 39 66 95 127 July 15 41 68 98 130 August 17 43 70 100 133 September 19 4S 73 103 135 October 21 47 75 105 138 November 23 49 78 108 141 December 25 S2 80 110 144 NOTES: 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC's i84,282 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 144 remains in effect after December 31, 2001. __,'.JI;;;'r_<W<""_"'''''",;,.";",,,,..,'''"''''''......,.'':..1.",'.'..,'-"'-'.....".",......!-<.."..., 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 167 ssu/ SUGAAMILL WOODS Sd:i.EDOLE 10-B ~~ '"OR. nnmJ: Plltm1DrTLY nrnS'l'ED WATER ~lSMISSIOlJ AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 3 $ 41 $ 81 $ 124 $ 172 February , 45 85 128 176 March 10 48 B8 132 180 April 13 51 92 136 184 May lEi 54 95 140 189 June 19 58 99 144 193 July 22 61 102 148 197 August 2S 64 106 152 202 September 29 68 110 156 206 October 32 71 113 159 210 November 35 74 117 163 214 December 38 77 120 167 219 Nons: 1- The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERe's isS,497 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 219 remains in effect after December 31, 2001. ~-,,,---;'_." ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 16B SSU/ SUGARMILL WOODS 16G 3 Sou:;.uOLE 10 - C llT.t..mr1Jf~ POll. J'tI'HDI PRt1D1f1n'LY TlI'VKIn'1m WASTEWATER COLLECTION ANO PtlMPING January February March April May June July August September October November December NOT1!:S: "'_.~"',v_ .......--~ .....--- 1997 1998 $ , $ 73 11 78 17 84 22 90 28 95 33 101 39 107 45 113 50 118 56 124 61 130 67 135 1999 $ 142 148 154 160 167 173 179 185 192 198 204 210 2000 $ 217 224 231 238 245 251 258 265 272 279 286 292 2001 $ 300 307 315 322 330 337 345 352 360 367 374 382 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2 . The number of remaining ERC' s is 5. 583 3. If the number of remaining ERC' s has not connected by December 31. 2001, the maximum charge of $ 382 remains in effect after December 31, 2001. - .~ ~_'''_''M''''''''_'''''';''''''~o _ ___..~_ 9 ...........___.~.il!II;l"'"l ~ _...'" ~~.--,................ .~\""..~.,..::.........~J ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 169 SSU/ SUGAR."11LL WOODS 16G 3 sCHEDULE 10-D ~ ,"02. .mm.s p1tnn1l'W'M..Y T1IVES'T'm WASTEWATER T'REA'I'MEN"l' AND DISPOSAL January February March April May June July August september October November December Hfl'M'l: S : 1.997 $ 3 ., 10 13 16 20 23 26 29 33 36 39 1998 1999 2000 $ 126 129 133 131 141 US 149 152 156 160 164 168 2001 $ 172 116 180 184 188 192 197 201 205 209 213 217 1. The amounts indicated above are per ERC. (ERC _ 155 gpd) 2 . The number of remaining ERC' 8 is 3 , 398 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 217 remains in effect after December 31, 2001. $ 42 $ 83 46 86 49 90 52 93 56 '1 59 100 62 104 66 108 69 111 72 US 76 118 79 122 f">-.,,_,"'-""'''"';'''''-'''- .".."..,;""._.".._".~""",_.,.~",,__,..~,."c...,., "",,,,.,,,,,..,,,,,,.;-,<,,,~.,..,,;, ",.".".,- .,,,'-..-.,..,.... ,._'.".~".."'."."~.,~ 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 170 ssu/ SUNNY HILLS SoiEDULE 10-A 1LLCnnXCI: '"OR rmmg Plltmmn'LY TNVRST1m WATER SUPPLY AND T'REA1'MEN'l' 1997 1998 1999 2000 2001 January $ 2 $ 30 $ 56 $ SS $ 115 February 5 32 59 87 117 March 7 34 61 90 120 April 9 36 63 92 123 May 11 39 66 95 125 June 14 41 68 97 128 July 16 43 70 100 131 August 18 45 73 102 133 September 21 47 75 105 136 October 23 SO 78 107 139 November 25 52 SO 110 141 December 27 54 82 112 144 "OTlfS: 1. The &mOunts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 233 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 144 remains in effect after December 31, 2001. 16G 3 I ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 171 ssu/ SUh~ HILLS sCHEmJLE 10-1\ 1T.T..mnJrCB FOR. J'mmS PRtlDarLY T1IV'ES~ WATER T'RANSMISSION AND DISTRlBU'l'ION 1997 1998 1999 2000 200,1. January $ 4 $ SO $ 99 $ 152 $ 209 February 8 54 1.03 156 214 March 12 58 107 1.61 220 April 1.5 62 1.12 166 225 May 19 66 116 171 230 June 23 70 121 175 235 July 27 74 125 180 240 August 31 78 129 185 246 September 35 82 134 190 251 October 38 86 138 195 256 November 42 90 1.42 199 261 December 46 94 147 204 266 .OTK~: 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERC's i84,942 3. If the number of remaining ERC' 8 has not connected by December 31, 2001, the maximum charge of $ 266 remains in effect after December 31, 2001. ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 172 sso/ SUNNY HILLS 16G 3 sc;w;Dtll.E 10-C JT.LOtf1N'CE POR YmmS P1tOD1m'l'LY TRVD:STlm WASTE"~ATER COLLECTION AND PUMPING 1997 1998 January February March April May .June July August Septell'.ber October November December $ 7 $ 95 15 102 22 110 29 117 36 125 44 132 51 139 58 147 66 154 73 162 BO 169 88 177 1999 $ 185 192 200 208 216 224 232 240 248 256 264 272 2000 $ 281 289 298 306 315 323 332 341 349 358 366 375 2001 $ 384 393 402 412 421 430 439 449 458 467 476 485 NOTES: 1. The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 327 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 485 remains in effect after December 31, 2001. _ _ ,_._____,~~ "Y'" _____;,~""';_.^'""."..."'.",.,_,.._,.,,;~,.;'_.,.""'""..,,..""..,~' ,- ,,,,",".",,,"""""~;" ,.,.,.,~".,~;,.,,,,..,".,-,-~,,".,,,~...,.,,, ."~.,,,...<,. ___~6 _ - '1:1 ... ~ .If~ 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 95049S-WS PAGE 173 ssu/ SUNNY HILLS sC:.tt.twULE :1 0 - D 1T.T.ntRWO '"OR rmmg PRtmXNT'LT I:llVXSTZD WASTEWATER TREATMENT AND DISPOSAL 1997 1998 1999 2000 2001 January $ 7 $ 86 $ 164 $ 246 $ 333 February :13 92 170 253 340 March 20 99 177 260 348 April 26 105 :LB4 267 355 May 33 112 191 275 363 June 40 U8 198 282 371 July 46 125 204 289 378 August 53 131 211 296 386 September 59 137 218 303 394 October 66 144 225 311 401 November 73 150 232 318 409 December 79 157 239 325 416 NOT1I:S: 1. Tne amounts indicated above are per ERC. (ERe - 155 gpd) 2. The number of remaining ERC's is 123 3. I f the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 416 remains in effect after December 31, 2001. 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 174 SSU/ SUNSHINE PART.WAY SCHEDtr.&.J!: 10-A .l..LLO"Ul~ FOlr. J"'l1m)S ntmDTLY :rRV!!:STm WATER SUPPLY AND TREATm:NT 1997 1998 1999 2000 2001 January $ 1 $ 11 $ 21 $ 32 $ 44 February 2 12 22 33 45 March 3 13 23 34 46 April 3 14 24 35 47 May " 14 25 36 48 June 5 15 26 37 49 July 6 16 27 38 50 August 7 17 27 39 51 September 8 18 28 40 S2 October 8 19 29 41 53 November 9 19 30 42 54 December 10 20 31 43 SS NOTES: 1- The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERe's is 195 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ S5 remains in effect after December 31, 2001. 16G 3 OP~ER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 175 SSU/ SUHSHINE PARKWAY SCHEDtJI.,E 10 - B ~T.T.I'\1n.Wf"'W' ,"Olt Fmmg PRtmmn'LT nrvlfS"I'lm WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ J3 $ 429 $ 700 $ 700 $ 700 February 66 463 700 700 700 March 99 498 700 700 700 April 131 532 700 700 700 May 164 567 700 700 700 June 197 602 700 700 700 July 230 636 700 700 700 August 263 671 700 700 700 September 296 700 700 700 700 October 328 700 700 700 700 November 361 700 700 700 700 December 394 700 700 700 700 NOTES: 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 25 3. If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 700 remains in effect after December 31, 2001. 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 176 ssw SUNSHIh'"E PARKWAY SCHEDULE 10 - C U.UHrnro '"OR rmms PRtm1mTI.T nrnSTlm WASTEWATER COLLECTION AND PUMPING 1997 1998 1999 2000 2001 January $ 57 $ 743 $1,300 $1,300 $1,300 February 114 802 1,300 1,300 1,300 March 171 86l 1,300 1,300 1,300 April 228 920 1,300 1,300 1,300 May 285 979 1,300 1,300 1,300 June 342 1,038 1,300 1,300 1,300 July 399 1,097 1,300 1,300 1,300 August 456 1,156 1,300 1,300 1,300 September 513 1,216 1,300 1,300 1,300 October 570 1,275 1,300 1,300 1,300 November 627 1,300 1,300 1,300 1,300 December 684 1,300 1,300 1,300 1,300 NOTXS! 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC' s is 45 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $1,300 remains in effect after December 31, 2001. ORDER NO. PSc-97-0374-FOF-WS rocKET NO. 950495-WS PAGE 177 16G 3 SSU/ SUNSHINE PAAK"ffAY S~ 10-D lU.T.t'I1n.VCJf ,"OR rmmg tllltmD1Tt.T nrvxllTKn WASTEWATZR 'I'REA'l'MENT AND DISPOSAL 1997 1998 1999 2000 2001 J anu.a.ry $ 52 $ 677 $1.,300 $1,300 $1,300 February 104 730. 1,300 1.,300 1,300 March 156 783 1.,300 1,300 1,300 April 208 836 1.,300 1,300 1.,300 May 260 889 1.,300 1,300 1,300 June 312 942 1,300 1,300 1,300 July 364 995 1,300 1,300 1,300 August 416 1,048 1,300 1,300 1,300 September 468 1,101 1.,300 1,300 1,300 October 520 1,154 1,300 1,300 1,300 November 572 1,207 1,300 1,300 1,300 December 624 1,259 1,300 1,300 1,300 NOTES: l. The amounts indicated above are per ERC. (ERC - 1.55 gpd) 2. The number of remaining ERC' s is 28 3. If the number of remaining ERe I s has not connected by December 31, 2001, the maximum charge of $1,300 remains in effect after December 31, 2001. ---"......- '~".._.._,.~,..""...<.....----=_"""__..,,,..,,~"~.o_._..,'"'''''~'''".....___,~_.. .' ~ " t,' ':- .::J.,"",:' " :'1 ,.. .'" '" '. ,', ,', ..':':":",: ':",":. ':':'L"':~,,":: "::";"""'::' ------....-'""'....-.."""".-,,""""',.~"..."_',.."""".,_"'_':._1~..."._,,'"..,.'.."'".~..'r".,,," . ',' '.',.': ':'-;',: , . '. : ',: '. ::' . .' .: ~. _/" . j' -,. '/. ':.. : '. . :, ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 95049S-WS PAGE 178 ssu/ TROPICAL ISLES 16G 3 SuuwOLE 10-C ~ClI: '"OR FmmS PlltmDTLY nlVJESTlm WASTE"~ATER COLLECTION AND PUMPING January February March April May June July August September October November December NO'l'l!:S: -~~ 1997 $ 3 $ 7 . 10 14 17 20 24 27 30 34 37 41 1998 1999 2000 $ 132 137 141 145 149 153 157 161 165 170 174 178 2001 $ 182 187 191 196 200 205 209 214 218 223 227 232 1. The amounts indicated above are per ERC. (ERC . 155 gpd) 2 . The number of remaining ERC' s is 36 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 232 remains in effect after December 31, 2001. .~, --.-.--.._~ --_._',"","""''-'''~,"""""""",,,,'~;;,"''C'''';'''''''.^,,,,'''''''''"''''i''o - ___...11I1 _.. _____._~.~ 44 $ 86 48 90 Sl 94 SS 98 58 102 62 105 65 109 69 113 72 117 76 121 79 1~4 83 128 _n__. ___ __ 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 179 sso/ TROPICAl, ISLES SC.wwOl.E 10 - D 1Y.TLlUWC!J.I: "OR. 1'mrD8 Plm'Dmt"l"LT n1VKST%I) WASTEWATER 'I'REATMEN'l' AND DISPOSAL 1997 1998 1999 2000 2001 January $ 13 $ 164 $ 319 $ 486 $ 665 FebruAry 25 176 333 501 681 March 38 189 347 516 697 April SO 202 360 530 713 May 63 215 374 545 729 June 75 228 388 560 745 July 88 241 402 575 761 August 101 254 416 590 778 September 113 267 429 60S 794 October 126 279 443 620 810 November 138 292 457 634 826 December 151 305 471 649 842 Ron~; l. The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 28 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 842 remains in effect after December 31, 2001. "'"'"''"''''''_-''''~''''----~''''._.".' ~. ... ...... ~,. ~ " '-'__'_'~"_N'~"'''''d'l'';'''''',.'''''n'''''~"",..,.''d''_'_,__,,,,;,,,,,,,,,,."'".:,.,,,,," 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 180 ssu/ TRo~rCAL PARK SCHED't1LE 10 - B It.1.LQlUJ:fC:2 '"OR ~s PRtmKln'L Y 1lfVlESTlm WATER TRANSMISSION AND DISTRIBUTION 1997 1998 1999 2000 2001 January $ 2 $ 27 $ 53 $ 81 $ 111 February 4 29. 55 83 114 March 6 31 58 86 116 April 8 34 60 88 119 May 10 36 62 91 122 June 12 38 65 93 124 July 15 40 67 96 127 August 17 42 69 98 130 September 19 44 71 101 132 October 21 46 74 103 135 November 23 49 76 106 138 December 25 51 78 108 140 NOT'B::S: 1- The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERe's is 137 3. If the number of remaining ERC's has not connected by December 31, ~001, the maximum charge of $ 140 remains in effect after Decembar 31, 2001. ""0/1' ..____",.:;." ""~':_""'''''':'_'''''_~''''':_'':'~''''''''''''''..''''4'. ''''':n''''~ 16G 3 ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 95049S-WS PAGE 181 SSU/ UNIVERSITY SHORES SCHEDULE 10 - A ~a lPOR I"'mmS Pll:D'DlDn'LY ntV'KSTG W1..TER SUPPLY AND TREATMEN'l' 1997 1998 1999 2000 2001 January $ 0 $ 3 $ , $ 9 $ 13 February 0 3 7 10 13 March 1 4 7 10 14 April 1 4 7 10 14 May 1 4 7 11 14 June 1 " 8 11 14 July 2 5 8 11 15 August 2 5 8 11 15 September 2 5 8 12 15 October 2 5 9 12 16 November 3 6 9 12 16 December 3 , 9 13 16 HOTKS: l. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC's is 1, 7.95 3. If the number of remaining ERC' 8 has not connected ~j December 31, 2001, the maximum charge of $ 16 remains in effect after December 31, 2001. '-'"'~''''''''~'~'-~'-''-'"''~;~''~"'''''''''-''''--'''''~'--''--'_'_~.~>Oi:",.j'i..."~.o;',.",",,,,,;..;;;..,"A',,~",, ,.......~"",.-~,...,'-O'..,"'_"""_"".",'"..,..."..,...."~,..,..",.,'''..'.A.....''''''.,......., ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 182 ssu/ UUIVERSITY SHORES 16G 3 SCHEDOLB 10-B "T.T.nV'1'I~CJ: )oCR nnms PR!JDlm'TLY nrvlfSTXQ WATER TRANSMISSION AND DISTRIBUTION January February March April May June July August September October November December HOTES: 1997 $ 3 $ 6 9 13 16 19 22 25 28 31 35 38 1998 1999 2000 $ 124 128 132 136 140 144 147 151 155 159 163 167 "M~_"'""~'_~'_"~~.'_"'_-""'-'''''',_'''''~~''r''"'''"'.'''''''''''''_~M'''-..."""-.'........_.""""''''._._,......'''"._''''___'''',_.,','''',.._h''''<__,~' """..,..:-."...'....,,1",; ,',.; ,..,." ':"'...",.. '''',H_ "'_"^" .-"'_."'" ",.,....'"""..""'>-..,..,"~....""._"..,.~.""",."',"... _'.~.."...,~ 41 $ 81 44 84 48 sa 51 92 54 95 57 99 61 102 64 106 67 110 71 113 74 117 77 120 2001 $ 171 175 17.9 184 188 192 1.96 201 205 209 213 217 1. The amounts indicated above are per ERC. CERC - 217 gpd) 2. The number of remaining ERC' s is 1,073 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 217 remains in effect after December 31, 2001. ~ --"["--- - .. ---- -- rr-r opnER NO. PSC-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 183 ssu/ UNIVERSITY SHORES ~ ~_. - Tf """'~ - "-- ~-- 16G 3 Sr:..:.ti./:;.uOLE 10-C U.T.l'1VUrI""W ,"OR I'nNIHI PJumDTLY nrvxS'I'm) WASTEWATER COLLECTION AND PUMPING January February March April May June July August September October November December HO'I'ES: 1997 $ 19.98 7 14 20 27 34 41 OCS 55 61 68 75 82 $ 89 96 103 110 117 124 131 139 146 153 160 167 19.9.9 $ 175 182 190 197 205 213 220 228 236 243 251 2SS 2000 $ 267 275 283 291 300 308 316 324 333 341 349 357 2001 $ 366 375 384 393 402 411 oC20 429 438 oC46 OCS5 464 1. The amounts indicated above are per ERC. (ERe - 155 gpd) 2. The number of remaining ERe' 8 is 550 3. If the number of remaining ERC' B has not connected by December 31, 2001, the maximum charge of $ oC64 remains in effect after December 31, 2001. ---....,.,---""".;.'"""...""'''"'''~_..-..''''''''_..__.;.,....~;.~.,.~-....,~._'''''"'.~.~"="->"'"""'_c''''~''"'.'''''.''~''''''~';''_'''',"",,_,,,_,_,"~,'''''A'''',.;...,".,_.,,..,......,.,....,.....;. '" ORDER NO. PSc-97-0374-FOF-WS DOC~T NO. 9S049S-WS PAGE 184 SSU/LAT.E/VALENCIA TERRACE 16G 3 SCh.lwu1.E 10 - D AT.T.mn.w,..,. ,"0Jl J"DW'nS PYnDDTLY :Dl'nST1E:Q WASTEWATER T'R.EA!MEN'l' AND DISPOSAL January February March April May June July August September October November December NOTES: 1997 $ 2 $ 3 5 6 8 9 11 13 14 16 17 19 1998 21 $ 22 24 2S 27 29 30 32 34 3S 37 39 1999 .0 $ .2 44 .S 47 .9 S1 52 54 56 58 S9 2000 2001 61 $ 84 63 86 65 89 67 90 69 92 70 94 72 96 74 98 76 100 78 102 80 104 82 106 1. The amounts indicated above are per ERC. (ERC . 155 gpd) 2. The number of remaining ERC' s is 8 S 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 106 remains in effect after December 31, 2001. ~-..._~--,-,,,,._- ...,"'....."'";~..,'-.....=-"~...",.,'.~-~"',"~"._.,~.~.,""'...~....,_.....""'--~"_.._-"'...._...,,"-"""'''-''"'_.'''''_,~,........,.,.''''.........._I''''''.;.....'''.H'~.'.,_.,_.,._" ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 185 16G 3 SSU/ VENETIAN VILLAGE SCHEDULE 10-B U.T.l'lWANCll: '"OR I'mmS PRtmJmTLY rNVRS~ WATER TRANSrUSSION AND DISTRIBU'I'ION 1997 1998 1999 2000 2001 January $ 0 $ 2 $ " $ 7 $ 9 February 0 2 5 7 9 March 1 3 5 7 10 April 1 3 5 7 10 May 1 3 5 7 10 June 1 3 5 8 10 July 1 3 5 8 11 August 1 3 6 8 11 September 2 4 6 8 11 October :2 " 6 9 11 November 2 " 6 9 11 December :2 4 6 9 12 NOTXS: l. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERe'. is 78 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 12 remains in effect after December 31, 2001. ~",-~",-""~"""""--",,",,,,,,-",,~,-,*.,,..._-~.~...,.--_... ORDER NO. PSC-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 186 SSiJ/ VENETIAN VILLAGE 16G 3 SCHEDULE J.o-c 1T.T.nw1WCE '"OR rmms P2t1D1mTLY DlrVlZSTlm WASTEWATER COLLECTION AND PUMPING January February March April May June July August September October November December NOTlrS: 1997 J.998 $ 8 $ 107 17 116 25 124 33 132 41 141 SO 149 58 157 66 166 74 174 83 182 91 191 99 199 1999 $ 208 217 226 235 243 252 261 270 279 288 297 306 2000 $ 315 325 334 343 353 362 372 381 391 400 410 419 2001 $ 429 440 450 460 470 480 490 500 511 521 531 541 1. The amounts indicated above are per ERC. (ERC .. 155 gpd) 2. The number of remaining ERC' B is 15 3. If the number of remaining ERC's has not connected by December 31, ~001, the maximum charge of $ 541 remains in effect after December 31, 2001. <"----.',..~""".'"-^..,.,,',.~...^ -"'-'-_""'_'_-'--'-"'.'~-,"~,..,-~,_"."<......."",,.._",,,;__,,.'''_i<;'',,"..>--""""",,.,....,,, "",.",,L_L "",,,,,,,,,,,,"'.,;i;,,.",, 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S0495-WS PAGE 187 SSU I WEI..AKA/ SARATOGA RAR.BOU'R Sl.:.t1JS1)uLB 10-A U.TL'nf'll.WCZ '"OR FmmS PlttmDITLY DrV'KSTm1 WATER SUPPLY AND TREATMENT 1997 1998 1999 2000 2001 January $ 3 $ 34 $ 67 $ 102 $ 140 February 5 37 70 105 144 March 8 40 73 109 147 April 11 43 76 112 150 May 13 45 79 115 154 June 16 48 82 118 157 July 19 51 85 121 161 August 21 53 88 124 164 September 24 56 90 127 167 October 26 59 93 131 171 November 29 62 96 134 174 December 32 64 99 137 178 NonS: l. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERe's is 250 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 178 remains in effect after December 31, 2001. ..........,. -.-' -.- -.., __IIII1't___ ___...._ ____ --....---..1.__ _....""'-..._,;"."."<::..."..._."""'.,,',''''._....'''''~..~...,,.,......,., ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 1B8 SSU/ WELAKA/SARATOGA HARBOUR 16G 3 SCHEDULE 10-B U.T.nw1WCB: 702 l"mlDS PRtmENTLY :IHVJ:STlm WATER TRANSMISSION AND DISTRIBUTION January February 1 !arch I\pril Hay June July August September October NoveMber December NOTES: 1997 $ 3 $ 5 8 10 13 15 18 20 23 25 28 30 1998 33 $ 36 38 41 43 46 49 51 54 57 59 62 1999 2000 65 $ 99 68 102 70 106 73 109 76 112 79 115 82 118 85 121 88 124 90 127 93 130 96 134 2001 $ 137 140 144 147 150 154 157 161 164 167 171 174 1. The amounts indicated abo-.re are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC'. is 114 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 174 remains in effect after December 31, 2001. "'_'l'<I-,,,,,_,~,_,,_,",~;_,,,,,,"",,,,",",,,,,,,,<;,,,.,".,,,,~,,"".,....~I.'" ; 16G 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 189 SSU/ WESTMON1' SC1J:;uOLE 10-B AT,r.mn..wo J'OR I'mmS PJltm2RT'LY nJVZj;~ MATER TRANSMJ:SSION AND DISTRIBUTION H97 1998 1999 2000 2001 January $ 1 $ 13 $ 25 $ 38 $ 51 Februar.l 2 . 14 26 39 53 March 3 15 27 40 S4 April 4 16 28 41 S5 May 5 17 29 42 5G June 6 18 30 43 58 July 7 19 n 44 59 August 8 20 32 46 60 September 9 21 33 47 61 October 10 22 34 48 63 November 11 23 35 49 64 December 12 24 36 50 65 HOT1l:S: l. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The DUJr.ber of remaining ERC' 8 is 26 3. If the number of remaining ERC' s has not connected by December 31, 2001, the maximum charge of $ 65 remains in effect after December 31, 2001. .....l:!____...._""-"..._'*..".""".....",.,,..""',."'..."~......~ "'"'""_,_",,~_..~,,,~,_,..".., 16'6 3 ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 190 SSU / WOODMERE SI.:liJWOLE 10 - A 1T.r.rnnJlCK '"OR. rmms PRtl'DJmTLT ~ST1m KATER SUPPLY.Nm TREATMEN'l' 1997 1998 1999 2000 2001 January $ 1 $ 19 $ 38 $ 57 $ 78 February 3 21 39 59 80 March 4 22 41 Eil 82 April 6 24 42 62 83 May 7 2S 44 64 85 June 9 27 46 66 87 July 10 28 47 67 89 August 12 30 49 69 91 Septell".ber 13 31 Sl 71 93 October 15 33 S2 73 9S November 16 34 54 74 96 December 18 36 55 76 98 NOTES: l. The amounts indicated above are per ERC. (ERC . 217 gpd) 2. The number of remaining ERe's is 101 3. If the number of remaining ERC's has not connected by December 31, 2001, the maximum charge of $ 98 remains in effect after December 31, 2001. ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 9S049S-WS PAGE 191 ssu/ WOOTENS 16G 3 SCliEDULE 10 - B 1U.I'l1rUCK rOR rmms PRtmlmTLY nrvlfsm WATZR TRANSMISSION AND DISTRIBUTION January February Ma rch April May June July August September October November December NO'TlI: g : 1997 $ o $ 1 1 2 2 2 3 3 3 " " 5 1998 5 $ 5 6 6 6 7 7 8 8 8 9 9 199.9 10 $ 10 11 11 11 12 12 13 13 14 14 14 2000 lS $ 15 16 16 17 17 18 18 19 19 19 20 200:1. 20 21 21 22 22 23 23 2" 24 25 25 26 1. The amounts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC'. is 25 3. If the number of remaining ERC'. has not connected by December 31, 2001, the maximum charge of $ 26 remains in effect after December 31, 2001. ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 192 SSU/ ZEPHYR SHORES 16G 3 SCHEDULE 10-8 :U.T-"1n'lllC!'J! ,"OR Fmmg PRtmlm'rLY nIVlrSTEQ WATER TRANSMISSION AND DISTRIBUTION January February March April Hay June July August September October November December DOTES: 1997 $ 1 $ 1 2 3 3 4 5 5 6 7 7 8 1998 9 $ 9 10 11 11 12 13 13 14 15 15 16 1999 17 $ 18 18 19 20 21 21 22 23 24 24 25 2000 26 $ 27 27 28 29 30 31 31 32 33 34 3S 2001 36 36 37 38 39 40 41 42 43 43 44 45 1. The amoW1ts indicated above are per ERC. (ERC - 217 gpd) 2. The number of remaining ERC' s is 145 3. If the number of remaining ERe I s has not connected by December 31, 2001, the maximum charge of $ 4S remains in effect after December 31, 2001. T~_..;,._..,",,,....,,,...,,.,,,.,....,.......,..,~.,",,,,,,,,,,,,,,,,,,,;,",."";"~ ORDER NO. PSc-97-0374-FOF-W5 DOCKET NO. 950495-WS PAGE 193 SSU/ ZEPHYR SHORES 166 3 SCwuJO'LE 10-C ,lLL01D.H'CK POR ~S PRtmD"l'LT nfV'KSTE January February March .April May June July August September October November December NOTES: WAST:iWATBR COLLECTION AND PUMPING 1997 1998 1999 2000 $ 219 226 232 239 246 252 259 266 273 279 286 293 ----"''''''''---___...~....._.....il...... -Ill ,-J -.,_..~~'......_I__"",..,.._.....;;.,......._,_"..,'"~;''',.~'"<..,. $ 6 $ 73 $ 143 11 79 150 17 85. 156 23 91 162 28 97 168 34 102 175 39 108 181 45 114 187 51 120 193 56 126 200 62 131 206 68 137 212 2001 $ 300 307 315 322 329 336 344 351 358 365 373 380 1. The amounts indicated above are per ERC. (ERC - 155 gpd) 2. The number of remaining ERC' s is 148 3 . If the number of remaining ERe's has not connected by December 31, 2001, the maximum charge of $ 380 remains in effect after December 31, 2001. ORDER NO. PSc-97-0374-FOF-WS DOCKET NO. 950495-WS PAGE 194 SSU/ ZEPHYR SHORES 16G 3 s Ch.tJ.JULE 10 - D "1'.T.mrU:r~ '"OR PmmS PRtmD"rT.T nIVW~TXQ WASTEWATER T'REATKEN'l' AND DISPOSAL January February March April May June July August September October November December Nons: 19.97 $ ~ $ 2 3 4 5 6 7 8 .9 10 11 12 19.99 13 $ 14 15 16 17 18 19 20 21 22 23 24 19.99 2S $ 26 27 28 29 30 31 33 34 35 36 37 M.____....._"...,_."........;Ilb'........"....'"')'-""'...,,.,_..,_._....;h..""'".",,......."","',..,,,., 2000 38 $ 39 40 42 43 44 45 46 47 4.9 50 51 2001 52 53 55 5G 57 58 60 61 62 63 65 66 1. The amounts indicated above are per ERe. (ERC . 1SS gpd) 2. The number of remaining ERC' s is 819 3 . If the number of remaining ERC' 8 has not connected ~z December 31, 2001, the maximum charge of $ 66 remains in effect after December 31, 2001. . 16 G 3 RECEIVED APR 1 6 1997 PauIi~ Slack & Wolff, ~rd of COllnt\' Comlssicner - l6 Thomas F. Hudgjns, lDl Fnn.k x.. KowaIslci, Jr. Jobo PavIKh m' }.\ari: A. Slick Craig W. SlJbn Ca.1C)' Wolfl1 ATIORNEYSAT IAW Parkway f1nandal Center Sixth Floor 2150 Goodlelte Road Naples, Florida 34102-4811 'Joard Cnrt/ktl.t1II Bratt AI1~ lAiJIntud In 1l<<1dII iItId Pr~ Tcltphont (941) 261 ~s.I' Ctnml Fax {941l261.3t4! Utigatlon Fax (941l2~.,1'279~ !. Corres: ..I"') '~_ , . <\ -, January 29, 1997 :.,~o ~/{g/q1 . ". 'I lli:.rdl /&.4. .\ ..') (.~, ," \,.- .' .. '...~. (......... ~. . "'.' .~- \ " Collier County 3301 Tarniami Trail East Naples, FL 34112 , , COPlt:S To: Re: Notice of Annual Meeting or Members, Election or New Board or Directors and Turnover Meeting of Gates Mills Homeowners Association, Inc. To: Members of the Gates Mills Homeowners Association As you may know, in an effort to enhance and protect the value, attractiveness and desirability of your home, the developer of Gates Mills adopted a number of use restrictions contained in the Declaration of Covenants, Conditions and Restrictions. Your homeowners association was fonned to enforce these rules. It is now time for control of the association to be "turned over" to you as required by law. The purpose of this letter is to infonn you that the current officers and directors of the Gates Mills Homeowners Association intend to resign their positions effective February 13, 1997. We have scheduled a meeting for that date to elect new directors and to accept a turnover of the association. In compliance with Section 3.3 of the By-Laws, notice of the meeting is enclosed with this letter and has been mailed to you not Jess than ten (10) days prior to the scheduled meeting. PLEASE NOTE THAT FOR OWNERS WITH BOTH A SUMMER AND WINTER ADDRESS, WE HAVE MAILED TIllS PACKAGE TO BOTIl ADDRESSES TO ENSURE RECEIPT. HOWEVER, EVEN IF YOU RECEIVE TWO PACKAGES (ONE AT EACH ADDRESS), YOU MA Y ONLY VOTE ONCE. In preparation for the meeting, we have obtained the names of five (5) individuals who are interested in serving on the Board for the coming year. We are pleased to announce that the following persons have volunteered to serve: Mark Hutchison, Doug Morris, Andy Bujak. Guy Rivet and Anthony Gaffoli. If you are interested in becoming a candidate, you may place your name into nomination at the meeting. If there are no other candidates, and a quorum is present, the above-named individuals will constitute the new Board of Directors without the necessity of holding an election. 16G 3 Ja.nuary 29, 1997 Page 2 Your vote may be cast in person at the meeting, or by proxy. If you are unable to attend the meeting, please complete the enclosed proxy. Holders of proxies need not be members. A proxy will be declared invalid if more than one person is named as the holder of the proxy. To be valid, a proxy must be in writing, dated, signed by the person authorized to cast the vote and the original must be returned to the following address at least forty-eight (48) hours prior to the meeting: Craig W. Sahn, Esq., Paulich, Slack & Wolff, P.A., 2150 Goodlette Road, 6th Floor, Naples, FL 34102. A pre-addressed envelope has been provided for your use. If YOU are ~fied wi~ Ole ~~~~ w~Ute5 a~ listed above lnd would like me 12 Vo!~ for ~1I five ;,~idale~ v~ v~-;; id~ ~o yOU ay leavp!I'" pro;o;yholder l1'a~ b)aQ1\ alJ!l1 wiI~ vp1e voqr b;; y. ea r VI ur Dro~yliolder WIth a co.py of !he proxy and be su~ lQ mSlIJ!ct the Idee that he/she must be present at the mectin~ to cast your Yote. If you have any questions with regard to this meeting, please do not hesitate to contact me. Your attendance and participation are welcomed and encouraged. Thank you. Very truly yours, PAUUCH, SLACK & WOLFF, P.A. ~a~Wxf:WtA- Craig W. Sahn (for James J. Vanas, Secretary) Enclosure l1IE ELECTION AND TURNOVER 1\lEETING Wll-L BE HELD ON FEBRUARY 13, 1997, AT 5:30 P.M. IN THE LAW Ol.-"'FICES OF PAULICH, SLACK & WOLFF, P.A., 2150 GOODLETfE ROAD, SIXTH FLOOR, NAPLES, FL 34102. "'__'""'"'_".'._."'''_~'',""",."..""".;,-'''''''.;..-;J'''''>'"; ..;,,,",,~,..",. --------- 16G 3 NOTICE ANNUAL MEETING OF MEMBERS &. ELECl10N OF NEW DIRECfORS &. TURNOVER MEI!.'TING OF THE GATES Mll..J..s HOMEOWNERS ASSOCIATION, INC. In accordance with the By-Laws of the Association, you arc hereby notified that an ANNUAL MEETING OF MEMBERS & ELECTION OF NEW DIRECTORS & TURNOVER MEETING will be held at the following date, time and place. At this meeting, five (5) directors will be elected by the members. 5:30 P.M. FEBRUARY 13. 1997 at the law offices of PAULICH, SLACK & WOLFF, P.A. 2150 Goodlette Road, Sixth Floor Naples, Florida 34102 ll' YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE COMPLETE THE E:SCLOSED PROXY. TO BE VALID, YOUR ORIGINAL PROXY MUST BE RETURNED TO THE ABOVE ADDRESS AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO THE MEETING. PLEASE REVIEW THE ENCLOSED LETTER FOR FURTHER DETAILS. , . :1': " ,:':,:': '. ';: ~ ',: .~:<~>" /,:.',>.,' ..':.; '.: . ,.' . / ',:,,' ~,' ". ,'"<:. ',~ ',:,. :, "'-', ;': ',,:" '.>::< ~':~"''':':',/,:<"t,,,':' :. ,w , "....._"'""_'",-",,,v.,,,;"~"'j,,.....,""';,,,.,,~,..,,.,,..'o..,...,.,,>.,-,"". 16G 3 ~ENERALPROXY ANNUAL MEETING OF MEMBERS & ELECTION OF NEW DIRECTORS & TURNOVER MEETING OF THE GATES MILLS HOMEOWNERS ASSOCIATION, INC. The undersigned. being the owner or voting representative of Lot in GATES MILLS HOMEOWNERS AS~.OCIATION. INC.. herehy appoints (or if I have not appointed a proxyholder above. I hereby appoint CRAIG W. SOHN as my proxyholder), with full power of substitution, to attend the meeting in my place for the purpose of establishing a quorum, and to vote and act for me with respect to all business for which a limited proxy is not required. that may properly come before the Annual Meeting of Members. Election of New Directors and Turnover Meeting of Members of the Association on February 13. 1997 at 5:30 P.M. to be held at the law offices of Paulich, Slack & Wolff, P.A., 2150 Goodlette Road. Sixth Floor, Naples. Florida 34102. or any adjournment or adjournments thereof. Dated this _ day of . 1997. Signature of Owner Street Address of Owner Telephone Number of Owner (Complete. sign and return in pre-addressed envelope) -_",~--~.""'"'''-''''''''''''''''' GENERAL PROXY ANNUAL MEETING OF MEMBERS & ELECTION OF NEW DIRECTORS & ~'iOVER MEETING OF THE GATES MILLS HOMEOWNERS ASSOCIATION, INC. 16G 3 The undersigned. being the owner or voting representative of Lot in GATES MILLS HOMEOWNERS ASSOCIATION. INC., hereby appoints_ (or if I have not appointed a proxyholder above, I hereby appoint CRAIG W. SOlIN as my proxyhoIder), with fuII power of substitution, to attend the meeting in my place for the purpose of establishing a quorum, and to vote and act for me with respect to all business for which a limited proxy is not required, that may properly come before the Annual Meeting of Members, Election of New Directors and Turnover Meeting of Members of the Association on February 13, 1997 at 5:30 P.M. to be held at the law offices of Paulich, Slack & Wolff, P.A., 2150 Goodlette Road, Sixth Floor, Naples, Florida 34102, or any adjournment or adjournments thereof. Dated this _ day of , 1997. Signature of Owner Street Address of Owner Telephone Number of Owner (Complete, sign and return in pre-addressed envelope) _."_~""_..............",.N,......,,,,~_..,,,_.;,..*,_._,--~---->>$--~"""''''''",......."...,..""."""'."'....."'....,..,.; "4 , l6G 3 RECEIVED SECOND NOTICE OF ANNUAL MEETING APR 1 6 1997 AND ELECTION OF DIRECTORS ~oard of County (ommissioner RIVIERA GOLF ESTATES HOMEOWNERS ASSOClA TION, INC. TO ALL MEMBERS: On February 25, 1997 at 7:00 P.M. in the Main Room of the Club House, Riviera Golf Estates Homeowners Association, Inc., 425 Charlemagne Boulevard, Naples, Florida. the AMual Meeting of the Association will be held for the purpose of electing Directors and conducting the lawful business of the Association. An identification of agenda items is as follows: 1. Introduction of Candidates 2. Call for any additional nominations from the floor 3. Collection of Un cast Ballots 4. Appointment ofInspectors of Elections 5. Election of Directors 6. Certifying Quorum - Call to Order 7. Proof of Notice of Meeting 8. Reading and Disposal ofUnappt'oved Minutes 9. Reports of Officers 10. Reports of Committees 11. Unfinished Business 12. New Business (a) Vote on Rollover of Excess Association Funds 13. Adjournment NOTE: An organizational meeting of the Board of Directors will be held immediately upon the adjournment of the Annual Meeting for the purpose of electing officers and such other business as may lawfully be conducted. The agenda for this organizational meeting will be posted in advance of the meeting. in accordance with Florida law. A majority of all Association members (a "quorum") must be present. in person or by proxy, at the meeting, in order for the business to be conducted, excluding the election of Directors. No quorum is necessary for the election of Directors. It is VERY IMPORT ANT that you either attend the Meeting or provide a limited proxy in order to conduct business other than the election of Directors. Enclosed with this Notice is a ballot for the election of Directors as well as Infonnation Sheets, prepared by the candidates for the Board who have elected to submit same, who are solely responsible for the contents of their Statements. The Association is tranSmitting this information in accordance with the requirements of Florida La~ however, the Association is not in a position to verify the accuracy of the infonnation or statements contained therein and disclaims any responsibility for the information contained within the Information Statements. Instructions for Marking and Returning Ballot for Directon 1. The enclosed ballot lists all candidates who are qualified to run for the Board and have submitted their name into nomination. There will be three (3) Directors elected. Please vote for no more than three (3) candidates by marking the ballot with an "X" in the box next to the candidate's name~isc. Cor res: Date: ~ Itemn l~~. Copies To: ~l" _........~.."""',".. ." """,,,~,,,,,,,,,;,<c,,,,,,,,,,,,~'~"I,v" '."'~"""'''' ",' ....,."~,';..,,, ".",,'~ ., 16G 3 Co 2. The ballot must be placed and sealed in the ballot envelope. The ballot envelope must then be placed and sealed in the outer envelope addressed to the Association. If you are entitled to cast more than one ballot. you must use separate ballot envelopes, which can then be placed in the outer envelope. 00 NOT PLACE THE BALLOT ENVELOPE IN THE ENVELOPE ASSIGNED TO THE LIMITED PROXY. 3. You must complete the unit information on the outside of the outer envelope addressed to the Association. and have all owners of the unit or the designated voter sign theirlhislher name, otherwise your ballot will be invalid. 4. The ballot must be received by the Association no later than the commencement of the AMual Meeting. however. you are urged to return your ballot by February 21, 1997 to avoid delay at the Annual Meeting. V OtiDg by Proxy If you are unable to attend the Annual Meeting and wish to vote by proxy. please note the following information about proxies: I. A proxy is for the purpose of appointing another person to vote for you as you specifically direct (except for non-substantive items) in the event that you might not be able to attend the meeting. It must be signed by all owners of the unit or the designated voter. Please note that you cannot vote for Directors by proxy. If you intend to vote for Directors and do not attend the Annual Meeting, you must vote by use of the enclosed Election Ballot. 2. The proxy should be submitted prior to the scheduled time of the meeting. It can be mailed to the Association in the enclosed return envelope, or it can be hand-delivered. either by you or your proxy. to the offices of Riviera Golf Estates Homeowners Association, 425 Charlemagne Bou1evar~ Naples. Florida. It is encouraged that the proxy be submitted as long before the meeting as possible. in order to avoid delay in registration. 3. If you appoint a proxy and later decide that you will be able to attend the meeting in person. you may withdraw your proxy when you register at the meeting. 4. A proxy may be revoked in writing or superseded by a later proxy to another person. It may also be assigned (substituted) by the person designated on the proxy to a third person, if the person you designate as proxy is lUlable to attend the meeting. 5. A proxy fonn is enclosed with this notice for your use. if needed. Again. please be sure to mail in your proxy or attend the Annual Meeting. Dated: January 15, 1997 d of Directors . . on Manager .-' ,. -4 ~-,..._......-""--~,.,, .. ~ 166 3 RIVIERA GOLF HOMEOWNERS ASSOCIATION, INC. BALLOT FOR ELECTING DIRECTORS February 2S, 1997 7:00 P.M. We \\ill be electing three (3) persons. The following (in alphabetical order) have submitted their names into nomination. Other eligible persons may also be nominated as candidates from the floor at the Annual Meeting. Vote for no more than three (3) candidates. If you vote for more tbln three (3) C2odidltes, your ballot will be invalid. 0 BARRY, JOE, SR. 0 BREMNER, DONALD 0 BRENNAN, CHARLIE 0 DIMITROFF,DIMI 0 GILLESPIE, IRENE 0 WOLF. MARILYN The ballot must be placed and sealed in the ballot envelope. The ballot envelope must then be placed and sealed in the outer envelope addressed to the Association. lfyou are entitled to cast more than one ballot (i.e. you own more than one unit), you must use separate ballot envelopes, which can then be placed in the outer envelope. DO NOT PLACE TIlE BALLOT ENVELOPE IN THE ENVELOPE ASSIGNED TO TIlE LIMITED PROXY. You must complete the unit information on the outside of the outer envelope addressed to the Association. and have all owners of the unit or the designated voter sign theirlhislher name, otherwise your ballot will be invalid. The ballot must be received by the Association no later than the commencement of the Annual Meeting, however. you are urged to return your ballot by February 21, 1997 to avoid delay at the Annual Meeting. - "'- . lJ!I'_"''''_''"'''''''''''''''''''-''''-" LIMITED PROXY 16G 3 \ The undersigned owner(~), or the designated voter oflot number appoinu: (Check one) in Riviera CoIf Estates BOID~wne" Assocl,tloa, Inc., (a) SeerCUI)' of the Association. on behalf of the Board of Directors. or (b) (if you check """, write in the name of your proxy.) as rrrJ proxyt>::>l~ 10 attend the Annual Meeting ofRivim. Golf Estates Homeowners Association, Inc. . to be held February 2S. 1997 at 7:00 PM. in lhe ~n Room of the Club House, 42S Charlemagne Blvd., Naples, Florida. The proxyholder named above hu the authority to vote and act for me to the same extent that I would if personally present. with power of substitution. This shall be · 1e1lera1 proxy. with the cxcq>tion oflhe items Usted below. Stat. tory Umltt'd Powen: Pursuant to F.S. 617.306(6), I hereby specifically authorize and instruct my proxyholder to cast my vote in reference 10 the following matters as indicated below: I. VOTE ON ROLLOVER OF EXCESS ASSOCIATION FUNDS. IF ANY, TO NEXT YEAR'S OPERATING BUDGET. ([he Board recommmds mfing In favor of rollover.) IN FAVOR OPPOSED OF ROLLOVER TO ROLLOVER DATED' . 19_. ALL OWNERS OF THE UNIT, OR THE DESIGNATED VOTER SIGNATURE SIGNATURE . Failure to check either (a) or (b). or, if (b) is checked. failure to write in the name of the proxy, shalJ be deemed an appoimment of the President of tile Association as your proxyholder. ........................................................................................................... This pOrtion on/v to be cOmDleted by the assivr.ed Droxvholder. In the event that the Droxvholder cannot atterul the 1Metin~. SUBSTITUTION OF PROXY The undersigned. appointed as proxy above. does hereby designate me in the pro")' set forth above. to substitute for DATED ,19_. PROXYHOLDER This proxy is revocable by the unit oYmer and is valid only for the meeting for which it is given and any lawful adjournment In no event is the proxy valid for more than ninety (90) days from the date of the original meeting for which it was given. - -- r , . 16G 3 To the Residents of Riviera Golf Estates My name is Joseph M. Bany Jr. and I would like your vote for one of the three vacant Director positions for the Board of Directors of the Riviera Golf Estates Homeowners Association. My wife Barbara and I have lived in this community since December 1990 at 206 Estelle Court. Prior to that, we lived in Hull, Massachusetts. We have been registered voters in Collier County since January 1991. We have four sons, three daughters and twelve grandchildren. Following a tour of duty in the U.S. Marine Corps during the Korean War, I went to work for the New England Telephone Company. My assignments there included central office equipment installer, crew supervisor and finally, auditor of all central office telephone and power equipment throughout the New England area. Barbara and I have been volunteers on a variety of activities in the community over the past few years including serving on committees for monthly social activities. I am a member of the Men's Club and from 1992 to the present time, I have worked with others to run the men's winter golfleague. [am an usher at S1. Peters church and volunteer at St. Vincent de Pauls delivering 44meals on wheels" to those in need. I also participate in our community's Respite Care program, providing transportation to doctor's appointments, etc., for neighbors in our community. I have attended meetings of the Board of Directors over the past year and did my best to keep abreast of issues affecting the community. If elected, I plan to work toward getting more individuals involved in and enjoying, the many wonderful activities available in our community. More importantly, as a member of the Board, I would do my best to keep down costs to ensure that dues are not increased above current levels, and I will look for ways to get more community input into key decisions affecting how budget funds are spent for discretionary items. I feel this is a great place to live and ask for your vote so that I can continue to work on behalf of the community. Thank you. .' ~r:7Jl ~. ~ __.__..._.....,_~""'............,,';"""".._'h.~"'W.........,;.;......;Pl;,''''''''.''''q..",;""',","-,~",,,,"-",,- t 166 3 January 10, 1997 Attention: Board of DirtCton After considerable thought, and baving bftn asked by several people or our Community, it is my inttnt to seek election to the Board or Directon at Riviera Gol( Esute!. 1 am a fuU time ruident and ruide at 237 ManeiDe Drive, where both I and my wife lJ1a have been very active in j un about every mayor committee over the put eight yean. I served on the Board of Dirteton for lix years., and as President or the Board for two yun, where ( fed many things wert accomplisbed. I am still a strong believer of our "Over 55" ltatus and wiD continue to work at k<<ping it as lucb, aDd give great thought to where we should be in the future regarding growth aad management. Hoping that I CIn be part of tbe future and proper growth or Riviera Gol( Estat~ I ask for your support and your vote on February %3.1997. Don Bremner . ________...._,_,~~=,_..._....,_~.""'"^.._,_,'=.~_.;.....;..;,"'..,."".,,'",_"'''.,9''''_''_'''''''''''''~''''''''''''_''' 16G 3 :\ CAJIllIDl\ft POR 'fIlE BOI\RD or DIRBCYORS ~ rA..~ CURtU A. BunD 535 CIlAIlLIMAG1IZ BOULEVARD WAPLU, FLORIDA 34112 The following is a brief Resume: Born in Boston, Massachusetts as a WWI baby boomer. Attended Boston public schools and several of the local colleges and universities. Went to work for the U.S. Veterans Administration as a Registration Officer, processing claims from veterans for schooling under the WWII 0.1. Bill of Rights. Entered the teaching profession and for the next 30 years ran the gamut from classroom teacher to Superintendent of Schools. Retired in June 1985 and moved to Riviera Oolf Estates as a full time resident and immediately became involved with many of our Association activities with the major emphasis on the Winter and Summer Oolf Leagues. with my educational background and my work and life experiences it is my feel ing that 1 would be an asset to the Board of Directors and would appreciate your vote in our upcoming election. Thank you for your consideration. _~.____~.b',-""'''''''_''"'''''''''''"''_~'''''_''_'''''''''''''''''''''''~'''''''''"-"-,,. ''''_d",'';'' ,..."'", 111/1/ 16G 3 Kay Randazzo, President Board Members, and Riviera Golf Estates Residents RE: My qualifications for serving our community as a board member are as follows: Retirr.d from Society Bank of Ohio Position consisted of, running loan Office with loan authority for, commerical loans, consolidation loans, car loans, etc. OPERATIONS Asst. for 12 years, supervisor _~tellers, customer relations, a total of 23 years in the field of bankin~.. After my retirement from Society Bank I became a public Elected Official as City Councilwomen for a 2 y~ar term of the City, of Louisville, Ohio (pop. 10,000) After the two year term as councilwomen, Ran for the Office of Mayor, won a 4 year term as The Mayor of the City of Louisville, Ohio A few of the many duties as Mayor were weekly Mayor Court, appointing board members, serving as head of safety, property, recreation committees, and many other Mayoral duties.......... I was asked and served The Canton Stark County Regional Planning CommissioniSec, VP,and President for six years. Member of the U.S. Planning Commission Member of the U.S. Mayor Asso. Served as President of Columbus Womens club Served on many varied boards and organizations, Walsh College and Malone College of Ohio. Also attended Thank you for your consideration, Irene M. Hever Gillespie 1"'__---"--" ..... __I--"''''''.-'''...-''''.^...--''''---''"'-''"----..~~~,..,- 16G 3 January 4, 1997 Resume for Vladimir T. Dimitroff, Jr. Once again I have decided to be a candida~e {or the Board of Directors RGEP.OA for the term 1991-20004 My resume follows for your use or information. Home originallY was ~ascachusetts, living in the Boston, North Shore area for 39 years. Graduate of Worcester polytechnic Institute, BZKE, and am cu~ently a Professional Engineer registered in Massachusetts. K1 engineering field is mechanica: an~ hydraulic components design, control systems, project en~ineering with over ten years in Management. We spend 31/2 months each summer ir. tie.. Hampshire at our summer place with our family. We moved to Rivie:-:l ':3'1 1986. I have served two ~e~s as a Director for ROEHO! and a Partial t~rm beginning in 1989, or a~proximately 7 1/2 years. ~~ring this period W~ have impro~ed the common areas at Riviera Colt Es~ates by takiDg over the Annex Building with subsequent amenities being added, up-graded the common area ~::und t~~ (l~b House, addedmore parking spaces and prOVided improvements an~ ir~:~.~~r.~ ~~ ~~~ ~e~1~~3 in tee streets. I enjoy this type10f ac~ivity ~~i wo~ld hcpe :0 ccn~in~~ participa~lon as a continu:ng Bo~rd Y.e~ber. -,.----,--"''".,-~...#''''''',......''''-~-"'"......_...._.~~.,,~^'-..'"....,-'''''~...$'-'-"~-'''''"'-'''-~-'''''-'-'~'''-'''''~-'-'~'- 166 ~ 3 Candidate Summary of MARILYN WOLF My husband Al and I now live on Estelle Drive after having lived on Cham- pagne Blvd for 11 years. I was born and raised in Brooklyn, NY. Most of my education was obtained in New York. Ai and I were married in Long Island where we raised our two sons, who still live there. An<L yes, we are also proud grandparents. As a resident in our community on Long Islan<L I was President of the civic association. I worked as the office manager for the White Volvo Truck Dealership. Later I became a business partner serving as comptroller until I retired. Al and I then moved to Florida For several years I was co-editor of our community Newsletter. Additionally, over the years I have volunteered and actively participated in other commu- nity activities. Presently, I serve as the Treasurer of the Women's Golf League. I love to play bridge at the clubhouse while also trying to improve my golf game as a member of the Ladies 9-hole League. If elected, I will serve as your representative in a way that will most benefit the residents of this fme community while exercising my best, independent judgment on every issue brought before the Board. I promise to be guided by the Covenants and sound economics in every action and decision I make to improve the state of the community. I am in favor of keeping the monthly fees as close to the present low rate, as possible, by carefully evaluating each request for additional spending. I feel it is important that you, the residents, be kept infonned and be heard on the matters that affect our entire commu- nity and the clubhouse operation. I ask for your vote so that I may serve as your representative on the Board of Directors. Thank you! Respectfully submitted, <)~rf- / '". / ---",.~_..,."..,*,,,,",,,",";,.",,,,~,~, . , 16G 3 Riviera Golf Estates H01neowners Association, Inc. 425 CIulTlrnulgne Blvd., Naples, FL 34112 ~eltphont 941-775-3573 Fax 941-775-4643 January 25, 1997 Dear Homeowner: Enclosed you will find a revised document change regarding your maintenance fees. You will now pay your maintenance fees on a quarterly basis instead of on a monthly basis. Please insert this document change in your Governing Document booklet. Sincerely, 1\ ~ /t( ~ \.~:L<<..~ Kay Randazzo - President F or the Board of Directors A o-n, "jj" C~ ~ Cl1IIIIIUIIIlty ~,";';',",~,".._,ti ",.' 00,"" h",_ ~...~..,,_. ....." '''',<i- ,"",c".,'" ._ "~__"_,"'""-"",,,,_,;,,,,,,,,_,,,,,,,.,,,,,,.,,,,,,_~"';_~'''''_'''''''''''''''''''"";~",,,,"'''',"'.'.'i'''''''< ',>',j::.: ':.,:.:1 ~~, '.':~ 16G 3 . 19414348433 SWALM & MURRELL PA 127 P03 ..rAt-l 17' 97 12: 48 *** OR: 2270 PG: 0532 tit AMENDMENT TO THB BYLAWS 01' RIVIERA GOLF ESTATES HOMEOWNERS ASSOCIATION, INC. The Byiaws of Riviera Golf EstAtes Homeowner. Association, Inc.. shan be amended as shown below: ~: New language is ],U1dc{Uned: laniU1&e beinl deleted is shown in MNtk W8W&k type. Section 6.5 of the Bytaws shan be amended as foUows: 6.~ Assess:raents. Regular aMual aasessmentsbued on the adopted budaet shall be paid in g,1,)Jrt~rb mORt.bly insu.Uments in advance, due on the first day of each qUlrter of the Asaociation'~ fi~l~ar lftefKh. Written notice of any increase in .Mual asseSSD1mts shaU be .nt to an members prior to the be&innina of the year the increase takes effect, but failure to send Of receive such notice shall not e~ the obUgation to pay. If an IMoal budget for a new fiscal)leu has not been adopted, or if notice of any increase has not been made, at the time the first Q)1lrtedy .."thly payment for the year is due. it shan be presumed that the amount of such installment is the same as the last prior Q\1arterl'; menthly payment. and shan be continued at IUcb rate until a budget is adopted and new Wl~rte fly lBelllftly insuUmentsare calculated at which time an appropriate adjustment shall be added to or subtracted from each owner's next due Quarterly 1B8RtAly inStAllment. Emibit "A- tlll__"""'_'."","....,....,..,~''''''''',.'-";'--U''',+''''''~.~"."''.",.".;' l6G 3 . . 194143~8433 SWALM & MURRELL PA 127 P02 .1A~~ 17' '97 12: 47 136365 OR: 2270 PG: 0531 CERTIFICATE OF AMENDMENT lie ~IJ ill onIcm ueOGS of COLUIl COll1'!T, n 01' "'7 It 10:1311 DIIG!! I. BIOCI. CLJlI THE UNDERSIONED, bem, tho duly eJected and actml DC III to.5. President o( Rhiera Ool! Estates HomeoWlletl AIIICK:iaUoI1, IDe., let : a FloridA corporJ.tiol1 Dot (or profit. hereby certifies thlt at as' IUWLT. meetUl& of the members held 011 N(,~mber 12, 1996. ...ber. a 237 !1IUlI!l. UOI quorum. was present. after due notice, the ftsauttoD. let forth IU IS It. 3UU below was approYed by the \'Ole indicated (or lhe pvrpoteS o( 2.meudinl the Byia_ of RMera Golf Estttu HomeO"Mlers As3oda.tiOD, IDe" recorded at O.R. Book 1316 PalO 1-423 et seq.. Public Records of Collier County, Florida, as attached as Bwalt "C. to the Decl.tntion of Protec:ri~ COYenantJ, CODdhionlud Use Ruuictiol11 fot Riviera Oolf Estates recorded at O.1l. Book 1316, Plie 1383 n Stq" Public Records of Comer County. Plorld~. (for USt I:fy Curt 01 Court) 1. The foUowin& resolution wa..s approYed aud adopted by the Association by the affumatlve vote of at least a majority of the voting interest3 preteDt in PCBOQ or by proxy and \'Orin,. RESOLVED: That the Bylaws of Rivien Golf Estates Homeo'Mlers ASIOc:iatioD, Inc., be and are hereby amended. and the amendments are adopted in the form attAched hereto aI Exhibit -A., and made a part hereof. 1UVIRA GOLF mATtS HOMEOWHDS ASSOClAnON. me. By. -!~Jia~1~~!r 126 Calalt Court Nap1es. FL 33962 " " (CORPORATE SEAL) STATE OF l<1.9RIDA COUNTY OF ~I~r The foregoing instrument was acknowledged before me this....l- day of J ('I ~ . 1996. by Kathr.yn-J.rRanda.uo. P~dent of the aforenamed Corporation. on behalf of the Corporation. she is 'rsonally known to m~ ~as produced as identification. :~ f ~ p..- I2:J~ I . , li'tl~",^" S;':alU~ 01 Notary Public 0~~~,~'~~~~,~~~":~: -i/~li97 (!~~TA;Y ~ . A ~ .' \~ l ,valle h CClrl:~'" e" je',:ce InS ~.'\. ./,; ,:,. ~C"~';~ 7~" ..t'~o./ .". " :...~-- ~ :"',~,^,,, lleo..l.l). nil k1l1tnalD~t PflJpariad by Wendy H. Olrudla. ESI.. S.....lJ' 4: Mmd. P.A., 1375 Taal&aal Traa Nonh. Sak. 301. Nap\cs, n. 30410'. (1'Mt. TYfH 01' S_, CO"'IIIid<nl.t /<I_I of /<IofM'J ,."Nlt) (.\all H~ s",,> -~_.--~--,.... fl' ""'."".",.,_-..."",,,,,..."""'"c.;,...""...,.,......,,,.,",.., 16G 3 RECEIVED APR 1 1 1997 Le l y Communit:... Del'c[npment Di.'itrict Board Of CC~Qty C9~i$$iO~E~ Fax: ao.".. 7;h')-6701 I".~" :\.W. 11th \Ianor Corall'prinlt.. tl"nda 3:lO71 :llJ;.-75.1-03ilO April 7, 1997 Collier County Governmental Center 3301 E. Tamiami Trail Naples, Florida 33962 coum..m~I~ DATE j \ 1'~! ACTJOfC: IHFO: FILE: SlUr- FJL::: BY: Attention: Mr. W. Neil DorriIJ, County Manager Subject: Lely Community Development District Minutes of Meeting - November 20, 1996 Dear Mr. Dorrill: Enclosed please find a copy of the signed Meeting Minutes from the Board Meeting held on November 20, 1996 for your records. If you should need copies of any material that correlates to these Minutes, please let me know and I will transmit them to you. Sincerely, LEL Y COMMUNITY DEVELOPMENT DISTRICT 11 r~ f;aft'-;/ ...:&{ {f...~__ Katey(..6elchan Secretary Assistant District Manager's Office :ks Enclosures Misc. Corres: Date: jk/t77 Iteml# I~. 6. . Copies To: ...,._._--"'....;'^"';"'~...".<",-".""';-->--,, From the desk of... Katey SeIchan Secretary/Assistant District Manager's Office 10300 N.W. 11th Manor Coral Springs, Florida 33071 Direct Dial No. (954) 796-6618 Direct Fax No. (954) 345-1292 . - ~.'....?"~', , '., . ~.. ..... . . '.',,'.".... ,'I.. 0", ',.. 16G 3 Naples, Florida November 20, 1996 LET IT BE KNOWN, that the Board of Supervisors of the Lely Community Development District met on this date at 1:30 P.M., in the East Naples Community Park, Room A, Thomason Drive, Naples, Florida with the following members present: Mr. Frederick C. Gartz, Chairman Mr. Joseph Ryan, Vice Chairman Ms. Marlene Meade (Absent) Mr. William J. Senkevich Mr. Ted U. Biggs ALSO PRESENT: Mr. James P. Ward, Assistant District Manager; Mr. Chris Wright of Wilson, Miller, Barton & Peek and Mr. Jerry Ellis, Field Manager of the Lely Community Development District. AGENDA 1. Roll Call. 2. Approval of Minutes of the October 16, 1996 Meeting. 3. Consideration and Approval of Award of Bid for Seasonal Bedding Plants to H.M. Buckley & Sons. 4. Consideration and Approval of Lease/Purchase of Chevrolet Pickup from State Bidders List with Financing to be Provided by Ford Motor Credit Company. 5. Staff Reports: A) Manager's Report 1. Discussions Regarding Transferring Series "A" Funds to Series "B" Funds B) Field Manager's Status Report C) Engineer's Report D) A ttorney's Report 6. Supervisor's Requests and Audience Comments. 1042 ---"'''''''- .,..-~.._--,._------- '''--'-''''''''''''''''''';;',,,,,,-,,,,""",,,.,*'" ~~"., ~" Lely Community Development District November 20. 1996 16G 3 7. Approval of lnvoices and Requisitions. 8. Adjournment. ROLL_CALL Chairman Gartz called the meeting to order at J :30 P.M. and asked the record show Ms. Meade absent with all other members present. AURQUL OE THE MINUTES OF- THE OCTOBER 16, 19J!6. MEETIN!L - ...AfllOYED....AS PR RSE.NT.En ,Wr. Senkeyich moyed, seconded by Mr. Biggs and approved unanimously the Minutes of October 16, J 996, as presented. CO.NSIDERATION AND APPROVAl. OF AWARD OF RID FOR SEASONAL REDDING PLANTS TO H.M. RIJCKI.F.Y & SONS Mr. Ellis advised that of the two bids which were received for the seasonal be1ding plants both bidders included the same price for 4" plants while H.M. Buckley & Sons was the low bidder for the 4 1/2" plants. Therefore, it was Staff's recommendation that the bid for the seasonal bedding plants be awarded to H.M. Buckley & Sons for both the 4" and 4 1/2" seasonal bedding plants. There being no additional discussion, Mr. Biggs moved, seconded by Mr. Ryan and approved unanimously that the bid for the seasonal bedding plants be awarded to H.M. Buckley & Sons for both the 4" and 4 1 /2" plants. 1043 ~' -_"_""~___""""'';''',,' '''',~_,,,",.;>,dl'_,''";'''~'''''~_~,.,,,~,,...;,,,_,",..,~,,,,,.,._", Lety Community Development District November 20. 1996 166 3 CONSIDERATIO..N-AlIi>>-A..rPROV AL-'>F A I.EAS.Elfi1.RCHASE....OF A...-CH.E..\:':ROLET PICKUP FROM STATE BIDDERS LIST WITH ElliAMCLNG TO BE PRQ~ED BY FORD MOTOR CREDIl: COM1!ANY Mr. Ellis explained that one of the pickups whieh was being leased by the District came off lease this summer and this vehicle now needs to be replaced. It was StaIrs suggestion that the vehicle be replaced with a Chevrolet S-10 Pickup and purchased from the dealer on the State Bidders List. He explained that the vehicle would be purchased from Garver Chevrolet in Green Coat Springs. Florida and offered that the 5-10 Pickup is a multi-purpose utility vehicle and will be used by his assistant. Mr. Ward advised that two Leasing Companies. Ford Motor Credit and Municipal Capital Corporation. had submitted Lease/Purchase Proposals and these Proposals had been included in the Agenda Package for the Board's review. It was Staffs recommendation that the Board approve the proposal from Ford Motor Credit which provides for a 6.40% interest rate for a thirty-six (36) month term with monthly payments of $575.88 per month. Mr. \Vard advised that at the end of 36 months. the District would then own the vehicle. There being no discussion Ms. Senkevich moved, seconded by Mr. Ryan and approved unanimously that District Staff be authorized to purchase an S- 10 Chevrolet Pickup from the State Bidders List with financing to be provided by Ford Motor Credit Company. 1044 -----,-'^,....,..-"-_,____,___..~....4"'....... Lely Community Development District November 20. 1996 16G 3 SIAEE....REPORTS Manager's Rep.ort DiscussioR-Regarding Transferring Series "A" Funds__to-5erle.L "B" Funds Mr. Ward advised that a few months ago Mr. Wright had furnished the Board with a financial statements showing revisions to the Series "A" and Series "B" Budgets which would allow the District to transfer the remaining monies from the Series "A" Bond Account (approximately $178.000) to the Series "B" Bond Account for the payment of the Lely Effluent Transmission Main and, at that time, the Board authorized a Budget Amendment for the Series "A" and Series "B" Bond Funds to accomplish this transfer. Mr. Ward commented that in reviewing the written record of this Agenda Item, he was not comfortable that this transaction was clearly documented In the record the way it should have been. Therefore, Staff had enclosed copies of both the Series "A" and Series "B" Budgets in the Agenda Package. He commented that the Series "A" Budget shows the origi nal budget and the revisions which essentially balance out the Contract for all of the projects within the Series "A" Budget and the last page of the Budget shows the balance of $178.023.45, which will be the amount of the transfer to the Series "B" Bond Account. At this time. Mr. Ward asked for a motion by the Board to authorize the transfer of the remaining cash in the Series "A" Bond Account to the Series "B" Bond Account for the funds required to pay for the construction of the Lely Effluent Transmission Main Project. 1045 . . Lely Community Development District November 20. 1996 16G 3 Following discussion, Mr. Senkevich moved, seconded by Afr. Ryan and approved unanimously the transfer of the remaining cash in the Series "A" Bond Account to the Series "B" Bond Account to help fund the construction of the Lei] Effluent Transmission Main Project. field Manager's Status Report Mr. Ellis advised that the annual beds are currently being re-worked and that Petunias will be used for the fall planting. EDgin.e.er~-Re p.ort Mr. Wright reported that the Effluent Transmission Main Project was completed approximately four to six weeks ago and within the last two to three weeks WMB&P had received final approval from Collier County to make the connection which will enable Collier County to deliver effluent water to the Lely Community Development District. He advised that delivery of effluent water to the project is now taking place. Mr. Wright further offered that a meeting between he, Mr. Ward and Mr. Tim Clemmons of ColIier County Utility Division is scheduled for December 5, 1996 to discuss the particulars of who will read the meters; how the District wiJJ be billed for the effluent, etc. Attorney's Report Mr. Volpe was absent from the meeting. SUPRRVISO~UESTS AND AUDIENCE COMMENTS There were no Supervisor's requests or comments by the audience. 1046 .-...._--,'_.,_.._"'....'...,",._-"'.,...,.,'"~....,.~"....,-..,.,~,,''''.".......,..~_."."'~.,',.,."..',.,,.,' . . . Lely Community Development District November 20, 1996 16G 3 A.F..f.RQ..V AI. OF INY.DICES AND REQUISITIONS M Senkevich moved, seconded by Mr. Biggs and approved unanimously, the Invoices and Payment Requisitions which had been included in the Agenda Package. (Copies are attached hereto and made an official part of these Minutes.) ADlillJRNMENT There being no further business to come before the Board at this time, the meeting was adjourned. Time: 1:40 P.M. ~G0 MR. FREDERICK C. GARTZ CHAIRMAN LELY COMMUNITY DEVELOPMENT DISTRICT 1047 16G 3 -$ PgM1,?!,!!:;;.!.~J~ag~ COUKTY MAHACER ROUTl. DATtJ'\PR 1 7 1r <17 . ACTION: IJIf'O: April 1, 1997 Memorandum To: Ms. Kathryn Hankins County Finance DirectorlDeputy Clerk Collier County Courthouse P.O. Box 413044 Naples, FL 33941-3044 FILE: STAfF' fILE: IT: J o-Anne Leamer Clerk of the Circuit Court 3301 Tamiami Trail East P.o. Box 413016 Naples, Florida 33941-3016 Mr. W. Neil Domll Collier County Manager Governmental Center 3301 East TRm;sm; Trail Naples, Florida 33962 David Black Hoeh, Frey & Zugmsn 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 RECEIVED APR 1 8 1997 Board of r. t - . \..Ilun .\ LommlSS ioners Reference: Thomas L_ Barnard Port of the hl~nd. Realty, Ine. 140 Eveningstar Cay Naples, Florida 33961 Tim Stephens Port of the Is1sTVIs C.I.D. 12600 Union Road Naples, Florida 34114 Minutes of Meetings held January 16, 1997 Gary L. Moyer Manager From: Enclosed for your records is a copy of the minutes of meetings held by the Board of Supervisors of Port of the Islands Community Improvement District as referenced above. Mise. Corres: GLM/dt 5:/ /q Date: I & /. 7 I , Iteml# /~. ~ . Copies To: 10300 NW. 11 th Manor · Coral Springs. Florida 33071 · (954) 753-0380 · Fax: (954) 755.6701 16G 3 MlNUTES OF l'dKt,-n.L'lG PORI' OF THE ISLANDS COr.muNlTY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, January 16, 1997 at 4:00 P.M. at 25000 Tamiami Trail East, Naples, Florida. Present and constituting a quorum were: Thomas L. Barnard Richard Gatti Bernard Wolsky Richard Burgeson Chairman Supervisor Supervisor Supervisor Also present were: John Petty Darrin Mossing Harry Holloman Bruce Anderson Tim Stephens Barry Berger Marlene Marchant Resident District Staff District Staff Engineer Attorney District Staff Resident R.V. Park Owner FIRSI' ORDER OF BUSINESS Ron Call Mr. Barnard called the meeting to order at 4:00 P.M. and stated the record will reflect that all Supervisors arc present with the exception of Mr. Sherry. SECO~'D ORDER OF BUSINESS Approval of the Minutes of the December 19, 1996 Meeting Mr. Barnard stated each Supervisor had received a copy of the December 19, 1996 minutes and asked if there are any corrections, additions or deletions. Mr. Wolsky stated I was not at the meeting and I was looking on page 6 where Mr. Anderson was talking about liability for the money that is owed on the stand-by fees and I want to bring up something that came up in a conversation that I had with a fellow who is involved in the same sort of activity. What their Community Improvement District did was change the covenants to stipulate that each of the people who buy the lot will abide by the covenants and will take personal responsibility for stand-by fees, rather than hiding behind a corporation. Is that a feasible solution to the problem that we are having? January 16, 1997 16G 3 Mr. Anderson responded it might be. I want to find out more of the details because when you mention that they changed the covenants, to me that sounds like they were more private restrictive covenants that a developer puts on the land as opposed to the government having some type of covenants. Mr. Wolsky stated no, these were the covenants that the community had as a requirement for purchasing the properties and when they first purchased the properties, they agreed to abide by the covenants, that being one of the covenants, that they will take personal responsibility for stand-by fees or any fees that accrue to that piece of property that they are purchasing. Mr. Anderson stated we do not have control over how property changes hands. Mr. Gatti stated we would have to petition the County to do that. Mr. Barnard stated it could be done by an amendment to the existing covenants and restrictions; however, I believe that requires 100% of the owners. Mr. Gatti stated also you cannot make it retroactive. Mr. Barnard stated I think we have good security if the people at the tax office are correct and they have informed me that when a tax deed is applied for, our lien also has to be picked up by whoever applies for the deed. We get cashed out. They have to cash out any certificates that have been issued past the date theirs was issued and any liens against the property. Are there any addi tions or corrections to the minutes? Mr. Anderson responded on page 5, third paragraph from the top, the last line where it says, "because they do not feel they get service there," instead of "do not feel they," that should be, "could not" - because they could not get service there. Mr. Barnard stated what. you are saying in effect is the only reason you would want the lines back is if you were not going to get served and you had to make some other arrangement with the County to run a line out here to you. On MOTION by Mr. Gatti seconded by Mr. Burgeson with all in favor the December 19, 1996 minutes were a roved as amended. 1HIRD ORDER OF B1.JSINESS Discussion of Committees/Volunteers Mr. Gatti stated I promised to put together an outline. The last thing I had in mind when I proposed this was for us to have a Board redundancy. That is not my intention. What I was trying to accomplish was to get the people that live here 2 January 16, 1997 16G 3 more involved in our activities and I think, from Mr. Anderson's discussion, I strongly suggest we use volunteers and on that basis, I put this outline together suggesting that we have a Finance Committee, a Police and Fire Security Committee and a C.I.D. Right-of-Way Committee. I further suggest that each of these committees or volunteer groups be headed by a Board member and that if people are interested in getting involved, we do it. Mr. Barnard stated Millie Strom is putting out a newsletter and she has asked me to summarize the meeting for her today since she cannot be here. What I will do is ask her to put something in the newsletter that if anyone is interested in serving on a committee, to act in a voluntary capacity to discuss District activities with their neighbors and bring to the Board the thoughts of their neighbors the results of those discussions on issues that may arise, that may be a good format to get that word out. We will trust Millie to put something in her February newsletter. Mr. Anderson stated that is fine. We do not appoint anybody. Mr. Barnard stated I understand - we wait for people to volunteer. Mr. Anderson stated also, we do not assign any of our Board members. They do that on their own and then they can come and make a presentation. Mr. Gatti stated my intent is to get information out to the community and I think the best way to do that is to get some people involved in what we are doing. Mr. Petty stated if we are looking for volunteers to accomplish this, I look at volunteers. as personnel of the District without being compensated. Mr. Anderson stated this is outside the District. This is the forum where it is being discussed. It will not have any official relationship to the District. It is not an advisory committee to the District. It is to facilitate people to organize on their own. Mr. Petty asked an action group outside the C.LD.? Mr. Anderson responded yes, they may come to the meetings and make presentations, just as they can if they are individual members of the public. Mr. Petty stated I thought Mr. Gatti was looking for volunteers versus outside groups. That is why I asked that question. Mr. Wolsky stated I got the impression that you were aware of a group of people who want to be involved in this. Mr. Gatti stated there are some who have expressed interest in having materials available to review and I think this is a good way to do it. 3 January 16, 1997 166 3 Mr. Barnard stated I think anything that we get to review such as proposed budgets, etc. is always available to the public, am I not correct? I do not think there is anything that is privileged to the Board so when we get a proposed budget, if people want to review it, I am sure we can have extra copies prepared and when preparing use agreements for right-of-ways or anything else, we can do the same. Mr. Gatti asked is there any problem with Board members reproducing some of these things and distributing them? Mr. Anderson responded not at all. Mr. Barnard stated that may be a solution, that anybody within the District who wishes copies of anything that is distributed for the use of the Board or at a public meeting is welcome to it. The only thing I ask is that we be given a little time to fulfill their requests because I do not have the facilities to make extensive copies available and I will need to request that Staff do it and they will charge us for their time and materials in doing so, but that is part of the deal. FOURTH ORDER OF BUSINESS Consideration of Acceptance of Facilities for Stella Maris Mr. Barnard asked do you have a comment on this item? Mr. Holloman responded it was not overlaid as of Monday. Mr. Barnard asked is that what we are waiting for? Mr. Holloman responded yes. Mr. Barnard stated this item will be tabled for the next meeting. i"llTl:I ORDER OF BUSINESS StatIRep:>rts A. Attorney Mr. Anderson stated we have now received and have recorded the landscape easement for across U.S. 41 and I do not know if the Board has any direction from our last meeting as to whether you want me to try to get a copy of our judgment recorded in Broward County or not, or if you want to table that until the next meeting. Mr. Barnard asked what are we looking at in terms of cost? Mr. Anderson responded I think it will be less than $100 to get it recorded. Mr. Barnard stated I do know, in fact, that one of the partners in the company that owns it does have property in Broward County and may get a little excited if he has a lien against it. We are trying to protect our position and our rights. I am open for a motion. 4 January 16, 1997 16G 3 On MOTION by Mr. Gatti seconded y Mr. Wolsky with all in favor the Attorney was directed to record a lien in Broward Count B. Rngj neer Mr. Holloman stated last month, I brought to your attention the operating permit that will be issued for the wastewater treatment plant and that in DEP's investigation, they found that there was a low spot in the berm along the canal to the wetland that we discharge into and that the difference in the permitting will be about $1,500 a year to permit it. I did some further research and found that in addition to the permit, they will require a test be run on the water quality once a quarter. That escalated the cost a little. The test will nm about $10,000 a year in addition to the permitting, so now you are looking at $50,000 over five years. Mr. Barnard asked can we dump some fill over there? Better Roads has a lot of fill there and I have some equipment here that they owe us. Do you know where this is? Mr. Stephens responded I think I know where it is. Mr. Burgeson asked can you get at it with a piece of equipment? Mr. Stephens responded I believe so. Mr. Gatti asked do you have to cross Ms. Marchant's property to get there? Mr. Barnard responded yes. Mr. Stephens stated I do not know. You go all the way to the end where the fork is and take a left and go to the turn of the river. Mr..Barnard stated there is an easement there for access. Mr. Stephens stated if it is where I am thinking of, they came around with the berming and then there is a ditch there and then they skip over to where the old pistol range was and it is a small place. Mr. Gatti stated I appreciate Mr. Barnard's point. Let's do it. Mr. Holloman stated there are considerable savings to be had by doing that. If we can block it off, then we can bring the DEP people back down. Mr. Barnard stated we can probably get it done on a voluntary basis. I do not know that, but I suspect we can. Mr. Wolsky asked is it possible to pinpoint the place they are talking about? Mr. Holloman responded yes. I did not realize until we got into it that they were going to add this requirement. Mr. Barnard stated we may have to pay $500 to get it done but we are talking about $1,500 plus four tests a year, which are going to be at least $250 a test. 5 January 16,1997 16G 3 Mr. Holloman stated $2,500 a test. Mr. Barnard stated I think we can fix it for less than that and then say it is not there anymore. Mr. Holloman stated then he will come down and verify that it has been filled in. Mr. Gatti asked will you mark it? Mr. Holloman responded yes. The other thing I have to verify is that we are not getting into any dredge and fill operations where the man from DEP will come down and say we are in violation because we did not get the permit to fill it in. It does not take much to get a permit. If we can get this done for under $3,000, is this something you want us to proceed with? Mr. Barnard responded yes. Mr. Holloman stated if I can get this in before they issue the permit, then we can save that money up front. Mr. Barnard stated while Better Roads has all this equipment here and they are using our offices for storage, we should move forward. Mr. Holloman stated the other item I have is the generator. Since the District will be purchasing the switch gear themselves, we can purchase it for $2,688. Going back to the electrical contractors, the low bid is Madison at $9,040 to do the work so we are looking at a total of$l1,728 do to the whole thing. Mr. Barnard asked do we have those funds available? Mr. Petty responded if we pull them out of our Capital Improvement Fund, which consists of some bond money, yes. At the last meeting, the Board approved and directed Staff to split the contract into labor and materials, which they have done and I think that is what Mr. Holloman is reporting, that he has done that successfully. Mr. Barnard stated each will be under $10,000. The question is, can we pay him? Mr. Petty responded yes. On MOTION by Mr. Burgeson seconded by Mr. Wolsky with all in favor the Engineers and Staff were authorized to purchase the switching equipment and to enter into a contract for the installation of same providing that contract does not exceed $10,000 to an one contractor. 6 January 16, 1997 16G '3 I c. Manager Mr. Petty stated since we have received the easements for the north entry road, we can put that landscape bid out ifit is the Board's desire to do so. Mr. Earnard stated the only thing we were waiting for was to make sure that if we spent the money that wc 8ct asidc that nobody will come along and make us plow it down and take it out and now that we have that assurance, what is the feeling? On MOTION by Mr. Wolsky seconded y Mr. Burgeson with all in favor Staff was authorized to put the landsca e im rovement for the north ent out for bid. SIXTII ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Gatti stated with the Board's approval, I want to direct the Engineer to evaluate the roadway that is starting to deteriorate, the second one from the end. If you look down the south travel lane, right under the right tire, there are about six spots that are bad. Mr. Barnard stated that is Windward Cay. Mr. Gatti stated I have watched them get worse over the last six months. Mr. Barnard stated that road does not get any traffic at all. Mr. Gatti stated that is what scares me. Ifit is not going to change, so be it but maybe we should be doing something now. Mr. Barnard stated when we have Better Roads here is a good time to get anything like that taken care of. I have a short discussion of the make-up of the Board. Although I have no official knowledge, it is my understanding that the management company that was previously employed by the owners of the hotel is no longer employed, thus Mr. Sherry is no longer manager of the hotel. I believe that a Board member who moves away remains a Board member until such time as we receive a formal written resignation. We cannot move to replace him in any way until such time as we have a resignation. I have a call in to the management company to try to get that taken care of and I should hear back from them. At that time, it becomes the job of the four remaining Board members to make a determination as to a replacement. My suggestion is to be giving it some thought but that we take no action until such time as we know we have an opening. Mr. Sherry may be back at the next Board meeting. I understand he is still living in Naples and I will 7 January 16, 1997 16G 3 make a point to have an answer for you and if he is going to be leaving the area, we will get a resignation from him and then we can make a determination as to what course to take. Are there any questions from the floor? Ms. Marchant asked what is it you are filling in back there or want to fill in? Mr. Holloman responded as you know, the Faka Union Canal runs north/south and it has a stretch where it moves east/west and then it comes down again north/south by your property. There is a small ditch on the part where the canal moves eastJwest that they said connects the wetland to the canal which changes the permitting conditions so we want to fill in that spot. Mr. Barnard stated the wetland is where we disburse the effiuent. SEVENTH ORDER OF BtJSINE.<B Approval of Invoices On MOTION by Mr. Gatti seconded by Mr. Wolsky with all in favor the invoices were a roved. Mr. Gatti stated we received a financial statement. Mr. Barnard asked is that the one that normally appears in the booklet? Mr. Mossing responded yes. The rate increase helps in the Utility Fund for cash flow purposes. The General Fund is in good shape. It is based upon our tax money. We will be in better shape once we get in most of our tax money. Mr. Barnard stated it looks to me that the Water and Sewer Fund is operating at $22,500 positive and the General Fund is operating at $13,000 negative. Mr. Mossing stated the reason is that the majority of the tax money for the District starts to come in now with a large piece not coming in until June or July. Mr. Barnard stated the good news is that the interest income that comes in with that more than offsets any shortfall because we always collect more than we anticipate because of the charges on the certificates. Mr. Gatti stated one of the Fire Departments chose to privatize, which opens a door in terms of the Fire Department's unions but what that suggests is that if a community chooses to do so, you can privatize, even though there are several other communities that already have, but it gives us more leverage in talking to our friends east of here. 8 January 16, 1997 16G 3 EIGHm ORDER OF BUSINESS Adjournment On MOTION by Mr. Gatti seconde by Mr. Burgeson with all in favor the meeti ad.oumed at 4:30 P.M. r' ThOIDaS L. Barnar Chairman 9 ~ - -~--"--,,,""~~"I;."',- ~. ....., 16G 3 AGENDA PORT OF '!BE ISLANDS COl't1MUNITY IMPROVEMENT DISTRICT Thursday January 16. 1997 4:00 P.M. 1. Roll Call 25000 Tamiami Trail East Naples, Florida 2. Approval of the Minutes of the December 19. 1996 Meeting 3. Discussion of CommitteesIVolunteers 4. Consideration of Acceptance of Facilities for Stella Maris 5. Staff Reports A. Attorney B. Engineer C. Manager 6. Supervisor's Requests and Audience Comments 7. Approval of Invoices 8. Adjournment Neples Catly Nevs Naples, FL 33940 Affidavit of Publication 16G 3 PORT OF THE ISlAHDS 10300 IN 11 TK IWtOR CORAl SPRINGS fL 33071 _. Holkt Of Metflno Part of !he Islands , Comnvlit-( Invovement 0Is1rfct TIle Bocrd of Scc>eMsors of ItIe Plrl of the Isblcls ~ 1tnprM1neftt Olslrtct .. hold thet' regulcr mee1InO at tllO P.M.. 1lu1dcrv, Jcru:rY ~ 1997 In Iht omces of : Iht 0Is1r1ct at Port of the IsIcrds Resort, ; 2SOOO Tarr.lcml TraI East, Naples, FIor1dQ i IlH 1. TbI metflno Is ClPeft >> lie Illbllc: end wlI be CXlIlduded In ClCCOl'dcroct willi tile provisions of FIor1da Law for Cornrrull- ty Ot-rttopment Obfrlcls. Theft mat be ocazsIons MIen one or mere ~ wlI pa1ldpale by teIe- Ilhont. At tile CIbovt IoaltIon Itlere wII be JnHnt a sPeCUr leIephane so that DIIY /no terrsted PtrSOn ~ attend ltle meeting at tile ClboYt Itl<ofIon and be fully /ntgrmed of tile discussions taking lltIce elllw In per. son or by ttlephone Clln'Il'U1icaII ' Arry penon re<Jllr1ng spedaI occom- modatlons ci this Il'lHtlng becal/se of Q dfs.. cbiIIty or ClhYSIcaI.1rrIparment should c0n- tact ltle OIslr1ct 01'lIce d (9S.l) 7SU31C1 at ~L colendar clays ~ to. the EoclI penon . deddes to qlpea/ DIIY dedsIon mode by Iht BocI'd wtlh rto sP<<t to DIIY rnatIw consldered d the meetfng Is ocMsed Ilat penon d need o rK<<'d of ItIe PI 0CftCIl. and that QC. ~ ttle PtnOft mat need to tn- SIr' ti3 0 Wf1latIrn record of lIle pro. ceecIngs Is mode, InducIno the testimo- ny and evldence tClCllI .tIIch such Q)- pecI/s to be based. Gcrv L. Mt/ytJ' Monclodr Jonucry' No. mm ltEfEltE1KE: 01094a 57417567 Hotfe. Of ",.tingpor State of Florida County of Collier Befor. the und.rsigned authority, personally appeared Hlna Iverson, who on oath MYs thae sh. s.rv.s as the Assistant S.cretary of t~. Napl.s Oaily Hews, a dally newspaper published at Naples, in Colli.r County, Florida: that the atta~ copy of edverthlng VII published in Hid nevspaper on datn l hted. Affiant further $r/s that the said Napl.s Caily Nevs is a newspaper published at Napln, in Hid Collier County, Florida, and that the said nevspaper has heretofore been continuously published In said Collier COU'Ity, Florida, each tUy and has been entered a. secend cla.. ..il ..tt.r at the post 01flc. in Kepl.., in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of edvertise.ent; and .fflant further says that he has neither paid nor p/"Cllised any person, fir. or coporltlon any discount, rebate, CQe8i,slon or refund for the purpose of s.curing this advertise.ent for publication in the said newspaper. PUBLISHED ON: 01/09 AO SPACE: "flLEO ON: 4.417 INCH 01/09/97 I Sl\l~tur. of Affiant ;;;?'-t,y../ (\At,..7,~ SlIOrn to and Subscribed before lie this .!1.. day of -if:;....\. 19'"V 1 /1 . /"1 ~ U . Personally known by.e r .,."'/u../ I, . .. ____-4"....... ,:) t ~;:;"" .:veith A. !'1:Ini9a.' r . 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F - -. 16G 3 RECEIVED MINUrES OF :M.t;.t;l'fi'IG APR 1 6 1997 DOVE POlNI'E COMMUNITYDEVELOP:MENTDISTRI~Oard of County ConvniS:;ioners The reconvened meeting of the Dove Pointe Community Development District of November 3. 1994 was held Wednesday. November 9.1994 at 11:00 A.M., at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, r1.orida. Present and constituting a quorum were: John C. Veit James E. Curry Arthur Largent Barry Hamer Jerry McLaughlin Chairman Supervisor Supervisor Supervisor Supervisor Misc. Corn~$: O~le: .:iJ~J 'i7 I~'~iidl I~. ~ . Also Present Were: James P. Ward Jack McKenna Joe Grimes Assistant Manager Engineer U.S. Home Cop:c~ To: FmST ORDER OF BUSINESS Ron Call Mr. Ward called the meeting to order at 11:00 A.M. and stated that all members of the Board are present. SECOND ORDER OF BUSINESS Update on Status of District FilUlnMng Mr. Ward stated the purpose of today's meeting is to discuss the proposed Bond Purchase Agreement between yourselves and your underwriter. We are not ready to do that deal at this time. \Ve would ask the Board to continue the meeting wltil some time next week. Probably Wednesday or Thursday the 16th or 17th. Based upon the discussion we have had with the underwriter, I am not positive we will be ready on the 16th or 17th but in the event that we are. we should be in a position have a Board meeting scheduled in which you will be able to consider tbat Bond Purchase Agreement. Mr. McLaughlin stated I am under the impression we have to continue the meeting because we cannot afford not to because we are waiting for the Bond Purchase Agreement. I have spoken to the underwriter, Lonnie Odem and he is very optimistic and he advised me that hopefully today we might have some type of v(~rbal commitment. The POS has only been in the market 13 business days since ~....._..._~.~.....____..._.~.-,..,...~,-~~___t....-v_~__..,.__~_. ..--......_..'P _~ ~- .. - ---- -- -"<!III .,... - November 9, 1994 16G 3 we received it. They are now talking with an investor and they are asking for a lot of detail and they feel that they gave them a lot of detail yesterday. The attorney is speaking with the company also. They should have something verbally this week, which will bring them to a Bond Purchase Agreement hopefully next week. We know if we get a Bond Purchase Agreement on Monday it will not close on Tuesday or Wednesday. How long does that take? Mr. Ward responded it takes seven to ten business days to close the deal from the time you have the Bond Purchase Agreement. Mr. McLaughlin stated if we had the Bond Purchase Agreement by Friday, the earliest it would dose would be at the end of the month. I think we should meet on the 16th about 11:00 A.M. Mr. 'Yard stated I have two other Board meetings that day, if we could meet at 9:00 A.M., that would be helpful. Mr. Curry stated from the POS he gives an estimated assessment amount of total capital for the different products, which is substantially different than the last number we received from Fishkind and I need to get an explanation of what happened. It is about a 15% increase over Dr. Fishkind's number. It is the last one I had for Fishkind. Mr. Ward stated we will get Dr. Fishkind to provide you with an explanation. Mr. Largent asked -.vhere do we stand with Alex Brown & Sons on this? Mr. Ward responded Alex Brown & Sons did submit and tender to you a resignation letter, which is a part of your record. The Board then chose to retain the firm of Miller & Schroeder for providing underwriting services to you. It is your staffs opinion that that relationship based upon those actions has been terminated. Mr. Largent asked was our resignation from Alex Brown or from Mr. Reagan? Mr. Ward responded Alex Brown & Sons. Mr. Largent asked what about Mr. Glass? Mr. Ward responded to my knowledge, this Board has never had any relationship vv'ith Arnold Glass. I will ask Mr. Anderson to give you an opinion to that affect. Mr. Marks st.ated he said we were using the plans. I gave Mr. Anderson copies of the contract the developer had with Arnold Glass. He took over our contract and then he did not complete it so we bought the balance of it back. 2 November 9, 1994 16G 3 Mr. Largent asked was that between you, the developer and Mr. Glass? Mr. Marks responded the District has no liability. That was Mr. Anderson's concern so he reviewed the documents. Mr. Veit stated Mr. Van Assenderp has written a letter to us with concerns of the new legislature coming in and possible changes to tho Florida Statutes and he expressed an interest to protect our interest. Can we put that on the agenda for the next meeting? Mr. Ward responded yes. With Chapter 190 Distri~, many of the larger developers around the state tend to retain their own attorneys to work with the legislature relative to changes within Chapter 190. There is also an Association called the Assoc.:iation of Special District who works with the legislature relative to any changes, not only to Chapter 190 but all the other kinds of District legislation that is out there. In Dove Painte's particular caso due to the financial capacity of the District, in the event you chose that you wanted to do that, we would have to rely on funding from the developer. Mr. Veit stated Mr. Van Assenderp in a general basis will be protecting our interest, specifically it was his concern whether he can vocally say I am also representing Dove Painte. Mr. McLaughlin asked you are talking about any future liabilities of litigation that might come up? Mr. Veit responded we are talking about changing the laws, which could or could not affect Dove Pointe. Mr. McLaughlin asked how would it affect a deal that was closed? Mr. Veit responded any new laws will affect any District. Mr. Ward stated the legislation that you operate under is a general law of the State that all Districts must operate under and to the extent that the law is changed, then those changes affect all Districts. That has been true since the 1984 changes came into affect. There was a change that grandfathered older Districts that we have that are not subject to the provision or the changes that occurred in the 1984 Statute hut after that time the 1987 and 1989 changes affect all Districts. The process of changing Chapter 190 is very dynamic in terms of the legislature itself because it affects such state wide interest, not only from the developer's perspective but also from other governmental agencies perspectives for providing community infrastructure and meeting concurrency needs, etc. Generally we will counsel some of our smaller Districts such as Dove Pointe that the process is strong enough that through developer's interest and even your manager's input 3 . .. ,,', ' " " i . I" '",', November 9, 1994 I6G 3 into the change process, we try to protect the interests of the Community Development Districts including this District and there is not a need to spend additional legal dollan to do fuat, however, that is your call. Mr. Veit stated you office stays up to date on what is happening. Is there anything that is in the air, which could go to the legislation? Mr. Ward responded as Mr. Van Assenderp pointed out in the last letter to you, there are always proposals on the table at every legislative session to make some change to Chapter 190. They don't get passed that often and because of the interests that are generated around the state, it takes time, usually a few legislative sessions before they ever get passed. I don't see anyUrlng on the plate of allY major consequence coming up in this legislative session that will adversely affect CDD's. Most of the changes that I have se'3n occur through the years have been positive changes. There is more protection in them for the public and more protection for the Board. They do a better job of advising the public as to what the eDD is and how it operates and what it charges. etc. The State Legislature. if you look in the preamble to this legislation has opined as to the viability and importance of the use of CDD's throughout the State. I think with that kind of preamble the changes that we will see are always positive changes and not changes that will adversely affect your ability to finance facilities or to operate this District. Mr. Veit stated then I withdraw putting that on the agenda and later on as we progress and get more stability, it may interest us to look at that or get involved wiUl the Special District coalition that they have. Mr. Ward stated both Mr. Moyer and I keep abreast of the legislative process, especially as it relates to these 190 Districts and to the extent that legislation is proposed, we can provide that to the Board and schedule those changes for discussion and make our feelings aware to the Department of Communi ty Affairs and Special District Program as those changes come about. On MOTION by Mr. Curry seconded by Mr. McLaughlin with all in favor the meeting was recessed until \Vednesday, November 16. 1994 at 9:00 A.M. to be held at the offices of Agnoli Barber Brundage, 7400 Tamiami Trail North, Suite 200, Na les, Florida. 4 - ..Ii - -- November 9. 1994 /G:fki/l~ Secretary - - . . ,. .':. I -I ....... : \~. 3 5 16G '3 AGENDA DOVE POINTE COMM:UNlTY DEVELOPMENT DISTRIC'r November 9.1994 Wednesday 10:00 A.M. Reconvened from 111494 1. Roll Call Agnoli. Barber & Bnmdage 7400 Tamiami Trail North Suite 200 Naples. Florida 2. Update on Progress of Miller & Schroeder 3. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Invoices 1lI - vW - - - - - Gary L. Moyer, P.A. Land De\Jelopment (1 Management Commltant 16G 3 Decem.ber 6, 1996 ,rJ'" ~\l\ lp /~ /' I \ J: \t, ~\ \ 10300 Northwest Eleventh Mana Coral Springs. Florida 3307 (954) 75J.038( Libby Lane Community Program Administrator Depart..ment of Community Affairs 2740 Centernew Drive Tallahassee, FL 32399-2100 :/ Ms. Kathryn Hankins County Finance DirectorlDeputy Clerk Collier County Courthouse P.O. Box 413044 Naples, FL 33941-3044 RECe\VED APR 1 6 1997 Board of County Cowmlssioners Clerk of the Circuit Court Finance Department do Dwight E. Brock 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples. Florida 34112-3016 Mr. W. Neil Dorrill Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 q~-~q(p f1'\/nr.at.5 Gentlemen: Enclosed please find Ordinance No. 96-67 of the Collier County Board of County Commissioners changing the name of the Dove Pointe Community Development District to Heritage Greens Community Development District. Sincerely. Gary L. Moyer Manager Misc. Corres: .. .', GLMldh oate:~ t~ .:J .' - J . I '. ...~-, _. t-, . . .. enc. - , . -.. .... t..::) . . ({P. ~. ....- . . - r. :1 -. \tern>> c- .- ,"T -. ..... ~.) ~;-J Copics 10: -; -- - ~ tt\l~\ .?,:>; ~,~~ ~ ;~ " , . . ;:: ~''E;~ ':'1 !,~::Uti -l.. .': .' ~ ..' 1":/:,1' : :~~" i.~. ~: l .. I ~ .:.~ ~ ; I . ';~.'::\:/: : 1 'J~;\;"~ :~ to' 'l~'::'/~! I~'~~ .>'.J( ::;:'; ':: I.>~ ~~:.~_.~~;'~':~.~ ::i)~i:rl~! '. .... ""." .., "';l:/<~;.t~. '~'. ..~. ~..- .,'". " : . ~ ~.~ ';.T!.' >~ ;: ;.\,.....;.. ," r'. "'.; .... . .. .. :: .~ ;::\.; ~.~<~: .::. 4 ': ....- .._'......~. ," :\ :i_ ~ :,.' ....'...1 ',;,.:,. ~,.' . ~ ~; t"'.\: ';'.~.t'..X . ~ -.'": . ,t:::\' .; ('- ....... \.~ " , .... " .,. )' . -~. : I ", -.... ":," .. \; ~;;";" ~ .~j/.:: i0;. " . " _'i . ....- ,; ~:. .':. .... ~. 1 .! ...... : ,\' ~ ~ -", ..' ,'.:. ... ,- ,', ,".. ~: (':,'t;:; ~.. . ~ ... '" . ,L' \ ....', ,":"I.:.;,:r'- :",'" ~ . JI ,: ~ :ilH: .J <: ~:'.~.; I..~.~' ~" " ,.." ., ~ ;J '~'.:~:~:' ,1't..,.. 1 t ,.... -..: " . 11...::. .....1. '",,-; ...~.,:' " r, ~ "~,t ~~.'~;i ; ~.. .~. '"\ .. ~'. ',. J ~.. '! ~ t. ~. -" \:':' .. ...:, .\ . ....-; . ~ \ . . . .1' i': '~ '"." ,",ll...l. 16G 3 DOVE POIN'IE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Dove Pointe Community Development District held on Wednesday, September 25, 1996 at 2:10 P.M., at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: J amos Reinders Raymond Harris Charles F. Bailey John Veit Ralph Klass Ban-y Harner (by phone) Chairman Vice Chairman Supervisor Supervisor (Resigned During Meeting) Supervisor Supervisor (Resigned During Meeting) Also present was: James P. Ward Bruce Anderson Bill Snyder District Staff Attorney Audience FIRST ORDER OF BUSINESS Ron Call . Mr. Ward called the meeting to order at 2:10 P.M. and stated that all members of the Board are present. SECOND ORDER OF BUSINESS Organizational Matters oftbe Board A. Oath of Office for Newly Elected Supervisors Mr. Ward being a notary of the State of Florida, administered the Oath of Office to Mr. Reinders, Mr. Harris and Mr. Bailey, a signed copy of which will be made a part of the District's official records. Mr. Ward stated Mr. Harner is with us by telephone and my understanding is that he has a statement that he would like to make for the record. Mr. Harner stated I talked with Mr. Reinders earlier today and have inquired about the previous Supervisor's fees. He assured me that those would be paid at settlement. On that basis, I will go ahead and tender my resignation. Mr. 'Ward stated we will provide you with a resignation letter for your signature effective as of today. Pursuant to the Statute, the balance of the Board has the opportunity to appoint a successor to serve the unexpired term of Mr. Harner which expires in November of 1997. It would be appropriate for the Board at this point to nominate an individual to serve the unexpired term of Mr. Harner. September 25, 1996 166 3 Mr. Reinders asked is that the same term for which Mr. Bailey just got elected.? Mr. Ward responded yes. Mr. Reinders slated I would like to nominate Mr. Ralph Klass. Mr. Veit. asked is my term for four years? Mr. Ward responded your term expires in November of 1997. MI'. Veit stated that is a conflict. Mr. \Vard asked why would it be a conflict? Mr. Veil responded because we just had two Supervisors who were elected to four year terms. Mr. Reinders asked I guess the question is can you have three people normally serving four year terms, granted that one expires within a year? Mr. \Vard responded yes. Mr. Bailey stated the four year terms go to November or 1999. The other terms end in November of 1997. On MOTION by Mr. Reinders seconded by Mr. Bailey with all in favor Mr. Ralph Klass was appointed Su emsor to fill the unex ired term of Mr. Hamer. Mr. Ward being a notary of the Slate of Florida, administered the Oath of Office to Mr. Klass, a signed copy of which will be made a part of the District's official records. I am now going to pass out to the new Board members two documents, one is the Guide to the Sunshine Amendment and Code of Ethics and the other is a Form 1 Statement of Financial Interests. I am aware that some of you serve on another C.D.D. Board but you are required to file an amended return within 30 days and the new Board members are required to file the Statement of Financial Interests within 30 days of being seated on this Board. That filing requirement is to the Supervisor of Elections in the County in which you reside. If you are a resident in a County other than Collier, that is where the Statement of Financial Interest is filed. If you need any help in filling it out, please give either me or Mr. Anderson a call and we will be glad to help you. You are considered to be a local officer and your position is Supervisor on the Statement of Financial Interests. The other form that I handed out to you is a guide to the Sunshine Amendment and Code of Ethics for public officers and employees. One of the most important laws that you must adhere to is what we call the Sunshine law. That 2 ~. w_ -._...~...... ~~ _._.~~~ --,----- --,_._~-,,....- September 25, 1996 16G 3' means that any business that will come before this Board for an action, you may not discuss amongst yourselves to form an opinion as to how another member of this Board will vote. You may not use a member of your staff to determine how another member of this Board may voto or how they may act on a matter that win come before you. If you have any questions relative to the Sunshine Law, please give me or Mr. Anderson a call and we will be glad to assist you. In any instance, we will always tell you to act conservatively and not discuss the issue amongst yourselves and discuss it at ono of these open noticed public meetings. That is probably the most important law that you need to be aware of and we will walk you through any other la\"~'s that come about as a result of your actions on this Board. Mr. Harris asked is this considered an amended form or is this just a standard form? Mr. Ward responded this is a standard form. Just type the word amended on the top of it and send it in. Mr. Harris asked are we just saying that we need to do one separately like the one we did for Key Marco or should we put Key Marco and this District on this form? Mr. Ward responded no. Just amend it for Dove Pointe. R Election of Officers by Resolution 96-1 through 96-3 Mr. Ward stated the positions that we are talking about for this particular District are related to the Chairman, Vice Chairman and Assistant Secretaries. The Secretary and Treasurer is actually my office. You can change those if you want to. \Vhy don't we do these individually as Chairman and Vice Chairman and then I will walk you through the Secretary, Treasurer and Assistant Secretary's positions. It would be appropriate for the Board to discuss at this time who you would like to elect as your Chairman and then a motion to that effect would be in order. On MOTION by Mr. Harris seconded by Mr. Bailey with all in favor Resolution 96-1 designating Mr. Reinders as Chainnan was adopted. Mr. Ward stated the second Resolution would be Resolution 96-2 which designates a specific Board member as your Vice Chairman. A motion to that effect would be in order. 3 .:: ~<:/ ~.:~'.~, ',: ,,-,::}-, . J":' :..::. j.. ....:.~',..: .: . "," ;. '. ;:," ;.:'i. :.<~.>: '. \;:' ...... '..: ,I ...1., ~\'., '... . ,f . . ; '. '~ , ' ~. : : w ,." . , . :. .::. fl.' , . t.' '" l i' I '. '.~ ~ t ' l' \ , ~. : . . September 25, 1996 166 3 On MOTI N by Mr. Reinders seconde y Mr. Bailey with all in favor Resolution 96.2 designating Mr. Harris as Vice Chairman was ado ted. Mr. Harris asked can you vote for yourself? Mr. Ward responded yes. Mr. Reinders asked do you need formal action on your offices of Secretary!Treasurer? Mr. Ward responded yes. On MOTION by Mr. Reinders seconded by Mr. Bailey with all in favor Gary L. Moyer was selected as Secreta !Treasurer. Mr. Reinders asked do we need to nominate the Assistant Secretaries and Assistant Treasurer's? Mr. Ward responded I would recommend that the balance of the Board who does not serve in the position of Chairman or Vice Chairman be appointed as your Assistant Secretaries. I would like to be an Assistant Secretary for the purpose of signing documents. On MOTION by Mr. Reinders seconded by Mr. Harris with all in favor Resolution 96-3 designating Mr. Klass, Mr. Bailey and Mr. Ward as Assistant Secretaries and Assistant Treasurer was ado ted C. Consideration of Resolution 96-4 Canvassing and Certifying the Results of the Landowners Meeting Mr. \Val'd stated the next item is for the adoption of Resolution 96-4 which by title is "A Resolution canvassing and certifying the results o~ the landowners elnction of the Supervisors held pursuant to Section 190.006 (2), Florida Statutes.. In section one, we will fill in the names of Mr. Reinders and Mr. Harris receiving 251 votes and Mr. Fred Bailey receiving 250 votes. In section two, both Mr. Reinders and Mr. Harris will serve four year terms commencing on November of 1995 and te:cminating four years thereafter. Mr. Bailey will serve a two year tenn commencing on November of 1995 and terminating two years thereafter in 1997. That Resolution is in order and recommended for your consideration. 4 II.I__~__.__.........~- . ---II _____ _ _.___ _. _."WT '_'~ ___l'Ia.",,",,~, September 25,1996 16G 3 On M TI N y Mr. Reinders secon ed by Mr. Harris with all in favor Resolution 96-4 canvassing and certifying the results of the landowners election of the Supervisors held pursuant to Section 190.006 (2), Florida Statutes was ado ted THIRD ORDER OF BUSINESS Approval of the Minutes of the June 29, July 7, August 24, August 31, September 8, November 4, November 9, November 16, November 21, November 23, December 1, December 8 and December 14,1994 Meetings Mr. 'Ward stated this is somewhat unusual to you as a new Board in that this particular District now has all new members associated with it. As I indicated to you earlier, the District is in the state of financial emergency and has not been in a position to actually have Board meetings for over a year. I did attend all of those Board meetings and can tell you that these are verbatim transcripts and we do retain the tapes for the record. Mr. Veit is here and he can indicate to you that this is basically what happened at these meetings. I think for the record, it is a good idea for the Board to go ahead and approve the minutes. If there is anything that we need to change in that record later on as a result of new actions that you will desire to take, we can do that. There is nothing in the record at this time that would preclude you from doing this. Mr. Anderson stated I have reviewed the minutes and believe they are a correct reflection of those meetings. On MOTION by Mr. Veit seconded by Mr. Reinders with all in favor the minutes of the June 29, July 7, August 24, August 31, September 8, November 4, November 9, November 16, November 21, November 23, December 1, December 8 and December 14, 1994 meetings were approved, subject to any discrepancies that might be revealed on review of the tapes. FOURTH ORDER OF BUSINESS Consideration of Resolution 96-5 Adopting an Investment Policy Mr. Ward stated the next Resolution is Resolution 96-5 which by title is itA Resolution of the Board of Supervisors of the Dove Pointe Community Development District adopting an Investment Policy for the District as provided in Section 218.415 (15), Florida Statutes (1995)". This was a requirement of the Statute that was done some time ago prior to October 1, 1995. Since this District did not have 5 ..._.......,...lln-_ __6,___J"'~_""~,_ _______._ .........._~,_ ... _?__~ -- --------- --~.,............'"'.....~,~ September 25, 1996 166 3 any Board meetings and was not in a position to do that, it did not have the ability to adopt the Resolution. It is a standard form Resolution which allows you to utilize the provision in the Statute for the investment of your funds. The Statute says that you can use the local government surplus trust funds and treasury obligations of the United States and one or two other different investment vehicles. It was intended to prevent the use by a governmental agency of an investment vehicle such as derivatives and pork bellies on the mercantile. The Statute change a year or two ago was a direct result of many governments losing millions of dollars in the financial market. It is a standard form Resolution that is in order and recommended for your consideration. Mr. Reinders a~ked would you consider a motion with an effective date prior to October 1, 1995 or does it matter? Mr. Ward responded I do not think it matters. We did not have any money to invest. Mr. Anderson stated if and when you do have some money in this District and want to adopt an alternative to what is set forth in the Statute, you can do that. On MOTION by Mr. Reinders seconded by Mr. Bailey with all in favor Resolution 96.5 adopting an Investment Policy for the District as provided in Section 218.415 (15) was adopted .FfrTII ORDER OF BUSINESS Staff Reports A. Attorney Mr. Anderson stated I just want to report to you that this District had been declared in a state of financial emergency. Our firm has coordinated with the representative in the Governor's office to hold off on them taking any action because we were aware of Ronto Developments interest in the property and something might happen. They have taken a wait and see approach and we will let them know that we believe the District is going to be getting back up and running again. Mr. Reinders stated hopefully we should have lots of good and detailed news for them in the course of the next four to six weeks. B. Engineer There not being any, the next item followed. 6 -:;. '~~~./'>: (~: ~';}. ~~.~.; ~.: -:>:::),/:: ~: .:' .", . ':. '. . .'~ . -:';:._:' .' ,-: 1 .:'.', _::- .,'. \. .: ~ '.> f .. ;":' " l...,.;:;"'>,~,j. ~-.:;}. "'; .~"'~~,i:!'. ~, t..\\\~:: :""~:':.:; .:" '~..' .t~~.~.,..':'<t:,\\:'-:.1 ~,.., .,"", l~(,.: :.~ _ /. ,... .~_.. :~1'''' :. \"',"'. " , September 25, 1996 16G 3 C. Manager. Number of Registered Voters Mr. Ward stated statutorily, the Supervisor of Elections in the County in which the District is located, is required to provide on a yearly basis, the number of registered voters that reside within the District. Ms. Mary Morgan did provide that as of 1995 and 1996 and there are no registered voters within this District. I will make that a part of the record for you and there is no action that you need to take. SIXTII ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Veit stated about three years ago, I was a part of this Board that was introduced to the Board of County Commissioners and subsequently I found myself in the same position that you are at right now as the Chairman. I have received your request and understand that you are assuming all of the obligations and financial debt obligations of the Dove Pointe District and that you will satisfy t.hose to the best interests of the parties that were involved. I understand your desire to have a whole new Board and I would tender my resignation. Once your closing is done, I will tender my resignation in writing. I would request that you consider keeping me on the Board and I understand your position. I congratulate you on taking on such a heavy responsibility. I do not anticipate that this C.D.D. is going to be any more of a problem to you. Mr. Reinders stated speaking for the Dp.veloper, it is their plan and intention to close on the property some time in the next four to six weeks. It would also be their intention at that point to follow through on various understandings, including the satisfaction of obligations on behalf of the District. I do not know that it is necessarily appropriate to have a formal resignation at this point so we will wait until we come to that point in time. The suggestion that you received from the Proxy holder and soon to be title holder, was not in any way a reflection on the services. It is just a desire to start clean in these matters. It sounds to me like we will have an opportunity to revisit this particular question in the course of the next several weeks. You may find that we have some rather intensive business to conduct in the interim but if that is your pleasure, that is fine. At some point, we would like to explore a name change for this District. Do we need an amendment to do that? Mr. Anderson responded that would merely entail filing an application with the County to process an amendment to the ordinance to change the name of the District. \Vhat time frame do you wish to have that accomplished? 7 :~""'~I",~:'".:''''';4,;.~~;:\. "\'../~":~'>I'.\'..:.;:~,,;( ',l,,,,, - ' ~. \:.. ,~~': "" ',,:' " ~...~,... . I" "," ....\ 4',' .... .' September 25, 1996 16G 3 Mr. Reinders responded I have never done one of those before. \Vhat is your start to finish time frame? Mr. Anderson responded anywhere from a month to two months. Mr. Reinders stated it may not happen fast enough to do any marginal good anyway. There has been a transition and a change but somehow I find it more appealing to have a new name. Mr. Anderson asked how quickly would you need it? Mr. Reinders responded we are in the market through \Villiam R. Hough & Co. who is investigating that marketplace and with luck I hope to have a commitment of some sort within the next four weeks to be closed sometime thereafter. I suggest that we start the process. We would like to have the District name correspond with our new plat and our homeowner documents. The new name would be Heritage Greens Community Development District. Mr. Ward stated if that is acceptable to the Board, then a motion to authorize st.aff to process a name change for the District would be in order. On MO'l'I N by Mr. Reinders seconded by Mr. Bailey with all in favor staff was authorized to process a name change from Dove Pointe C.D.D. to Heritage Greens C.D.D. Mr. Reinders asked do we want to get into any fonnal re-appointment of professionals? I say that in regards to William R. Hough & Co. Mr. Ward responded I think that would be appropriate at this point. A gentleman by the name of Mr. Bill Regan was the underwriter for this particular District from the firm Alex Brown & Sons. Conceptually what was being proposed was that we do two series of bonds, one was a Non Ad Valorem Special Assessment Bond and the other was a Revenue Bond for the golf course. For a number of reasons, primarily related to the fact that the landholder was not in a posi tion to provide any secondary market guarantees for the revenue portions of those bonds, that deal never went through. At the request of the primary landowner at that time, the District changed Underwriters to a firm in the midwest by the name of Miller and Schroeder who had made some indications to the primary Developer that they were in a position to secure the necessary bonds for the revenue portion of this deal without the necessary secondary market guarantees that Mr. Regan had indicated were available. The Board at that time 8 "\;',. .~,. ~,~ ....t' ..I~..,.". '. ~.,.,.. l .... '.... .,,,';~--"..~. .-!: ..."'..:-:...,.1.'...".,.... ...'{ .,.... ......,'.... 'i "'lj"'.l,7,'" .",.. \'.t..~.,\,..".. .t_ .... ..,'or ,:"'J~. . . ".' .... .' ~"'1""":' ~, I":. ~.~ .';.": '" ~ .t. f '\ i"~ .....~..".d.."...:.f.l'.. .'" ~,' ""1" ~~" ...' . ",' ~ j _.. '.' . r .. , . September 25, 1996 16G 3 took action to release Alex Brown & Sons from employment as its Underwriter and to employ the firm of Miller and Schroeder to do the deal. After many months of negotiating with Miller and Schroeder in terms of how to do the deal, the District actually went into the market to sell its Revenue Bonds and Non Ad Valorem Special Assessment Bonds. The Non Ad Valorem Special Assessment Bonds were an easy sell, however the market was not in a position to take those golf course Revenue Bonds at that point so that deal never came to fruition. Subsequent to that date, the primary Developer of Dove Pointe pulled out of the project and the District then went into what we call a state of financial emergency and it was never funded. Basically what you have at this point, is an Underwriting Firm by the name of Miller and Schroeder who made representations to the Board. They will be in a position to sell both the golf course portion of these bonds and the Non Ad Valorem Assessment Bonds. Mr. Regan is now associated with the firm of William R. Hough & Co. which is a Florida Investment Banking Firm.. Mr. Regan's experience is in the issuance of Non Ad Valorem Special Assessment Bonds primarily for the use in C.D.D.'s. He has done an excellent job in all of the transactions that I have been involved in and I know that some of you have been involved in the issuance of these types of bonds. I think his reputation is beyond reproach. He has been in Collier County for many years and does an excellent job of selling these kinds of bonds in the marketplace that we have available to sell. If the Board is of a mindset, you may either keep Miller and Schroeder or you have the option under the Statute to change your Underwriter to Mr. Regan's current firm. which is William R. Hough & Co. Mr. Reinders stated I am going to recommend that we change to 'Villi am R. Hough & Co. I have had experience working with Mr. Regan and echo Mr. Ward's comments and evaluations of his expertise in this matter. I have had some preliminary discussions with him and we have conveyed to him some idea of t.he magnitude of the Special Assessment Bond we would like to market and the circumstances associated with it. I think he is quite optimistic about his ability to succeed in that marketing effort on a very competitive basis. On MOTION by Mr. Reinders seconded by Mr. Harris with all in favor William R. Hough & Co. was selected as U nderwri ter. 9 . . . "'" '-, I... . ' . . . ~ : . . 10. ..'" G"'~"""---~- loG 3 September 25, 1996 Mr. Reinders asked do you need motions with respect to Counsel, Engineer and Manager? Mr. Ward responded we do not need a motion unless you change the professional. I am comfortable if you are. Mr. Reinders stated as there is no other discussion or comment from the Board, we will simply keep the existing arrangements of the District. Mr. Ward stated you have two Counsels. You have local Counsel who is Mr. Anderson from Young, Van Assenderp & Varnadoe and Bond Counsel who is Mr. Fred Harris from Greenberg, Traurig in Tallahassee. Mr. Reinders stated I had an opportunity to speak briefly with Mr. Assenderp the other day and need to follow-up in conversation with him. We need to review what the necessary steps are and potential time frames in order to move forward to finalize this bond issue as quickly as possible. For those purposes, I am prepared to assume that we have a buyer and that we can identify that buyer in such a way that does not otherwise affect the time frame. What I basically need from Counsel is a checklist of steps and projected times from here to closing on the bonds and perhaps a summary from the Manager. Mr. Ward stated it has been a long time and maybe the financing members can get together at some point in the near future and go over all of the issues we have and then we will just put together one time schedule for you on where the District stands in the process of the issuance of those bonds , if that would be acceptable to the Board. Mr. Reinders st.ated that is fine but please feel free to communicate with one another, do what you need to do in order to get our schedule together and let me know so I can have the Developer fund what needs to be done in terms of any of these workups. Time is of the essence in that regard. Our District has been amended so that we are now looking at an assessment base of up to $550. There is a plat that is getting ready to be submitted that would contemplate somewhere between 528 and 530 units. It is my understanding that the Developer will move Dr. Fishkind forward on his methodology at this point. Mr. Veit stated in lieu of what happened, I would withdraw the condition of final closing and tender my resignation today. I think you are headed in the right direction and have come a long way. I believe that my services are no longer necessary. Mr. Reinders stated I appreciate that and accept your resignation. I thank you on behalf of the District. for all of your prior services. I am sure that past 10 ....~\i....~. .'..a...~...~_._,_.,',._____.,,~__..___,______..,.....~.____ September 25,1996 .,.. :, ," . ..... I . . ", : '.. ," . t' .. ..... ~. ~:: ..". ( ... 'I ~ t. ~ I. 1 . 'j ," <<. ;; <<: .~~ t. ,".~' '~"'..'.:i'.t''',''.,~'''' 166 3 accounts will be resolved in short order. That being said. I would like to ask thnt the Board consider the appointment of a fifth Supervisor to fill the unexpired tenn of Mr. Veil. I would like to nominate Mr. William Snyder. n MOTION by Mr. Reinders seconde y Mr. Bailey with n.11 in favor Mr. Snyder was appointed Supervisor to fill the unex ired tenn of Mr. Veit. On MOTION by Mr. Reinders seconded by Mr. Bailey with all in favor Mr. Snyder was designated Assistant Secreta /Assistant Treasurer. Mr. Ward being a notary of the State of Florida. administered the Oath of Office to Mr. Snyder, a signed copy of which will be made a part of the District's official records. On MOTION by Mr. Reinders seconded by Mr. Bailey with all in favor the meetin was ad'ourned at 2:45 P.M. L~~~~ ary L. Secretary L 11 ".... ...- , \>\;/ - 'li'.J t- o .......~. :~_ .'1: ; ~"'~' ~: '''~\,k\: ", . ,;,~. r ~ f ,'. -, ;;i;;,'(~:", :>'~'; j;. ~. ~ ~- '. , '. , - T:.:,.~;.' ""', ::;~.k: ':: .','~'~"'rT<> " ~"~'.);.\ '. . ~,"~,~;} ;:::~.:~\'~ ',~ . ~ ': " >\ :):~' . ..... '. J' . ~?~}};. 1 ~.~ ....~'~ ... " ~... ''''.< . ~ ........ ,', ". ~ .~. .... . ~,:t~:: ,I~\.~<;:. . ... "~ '. ~ ;',. I _.~, . ... :~ . ~'.. ~ ;:' .~~ "'~': ..\ . . , : " ;.,. ~ I':'~ . ~':" ~ .~;. , ~. .. ~ .- . . '.- .1',.. ,'_ ~ ;. : \:L';:: ..~"i,\t ...~ , ..'\ I ,,,_ ;. . '" ~ -. . t :" .'- 1,'...., ~ ~ ("~'~-: -.. ~; " . '.' " ".,.:' '0 : ~ -- ',: .....'1". ..'.) . .."""~' I,: .\ " " ; ..' ~. :.. . ~ ; -. ~, '.. " l , .::-~U.;; .. ~ It'.. I ~. ~J'~~' ;'."'.:, ',; , '. . :,: ~:;)"" :', ";:;..., 16G" 3 AGENDA DOVE POIN'IE COMMUNrlY DEVELOPMENT DISTRICT September 25, 1996 Wednesday 2:00 P.M. 277 N. Collier Boulevard Marco Island, Florida 1. Roll Call 2. Organizational Matters of the Board A. Oath of Office for Newly Elected Supervisors B. Election of Officers by Resolution, 96-1 through 96-5 C. Consideration of Resolution 96-6 Canvassing and Certifying the Results of the Landowners Meeting 3. Approval of the Minutes of the June 29, July 7, August 24, August 31, September 8, November 4, November 9, November 16, November 21, November 23, December 1, December 8, and December 14, 1994 Meetings 4. Consideration of Resolution 96-7, Adopting an Investment Policy 5. Staff Reports A. Attorney B. Engineer C. Manager - Number of Registered Voters 6 Supervisor's Requests and Audience Comments 7. Adjournment "':':"~"~':"~ ',,::.,<:~:, .':' ~>:<': ~'~'.->,'~ ..~......., ,:...:....'. ;': :'"'' : .,' .~' .: ',' ':.' ,'~.. ~,',' .~. ,.- . , ... '. , , . .. f ~,:::'..', :' . I 4', . f:"~. .... .,. ~.. ,: '" ':, " i lot ~l . ....'IJ.....).~..-r-' \..:~.,r".I'":,.~..'" ;:~.:.:~~,~.- h?:l:,~:.i;~: ,:.;'.> ~,~ \1':::.~ {. f,C) r~~'/:': ") .... . I , ~>~~t; ,1>' .. \.. ~ . . . ::. :1r~ .-"~ ,\ ::~., :.t:. ',' ( ~"". 'i' '.'" ',' , .,. /',,(.'-":,,<~" j > . . .' .1', .. i'?:~~"i' , . " ~ t. ; ::, ,;~,.~ 1 :: .~~ ,..~ " . . ; ~ ' 't . f\ ':'>,t . "'\, ~ i " .. " '" .\ :'. .;', , t ' - , . ..., 1 ". I.... I , . 1 '.: \ :. .:;' .: '.~', r <::,,',':,J,~' '.",: ....~:>.:':,: :' -:', ,',': ~;/~}..' , " .'.1,. " '.+,-:) Naples Daily News Naples, FL 33940 16G 3 ~, " .("" " ;,", ~~ : .. Affidavit of Public~tion .(.,' 'i" '..j .. , .~~. " f.~l '.. .~~ .~ .' .f --------------------------------------------------+--------------------------- . ..~ ,; OOVE POINTE COMMUNITY DEV. JAMES liARD 10300 Nil 1 1 TM I'IAHOR CORAL SPRINGS FL 33071 NOT~EOFLANOO~RSMEcnNG DOve POINTE COMMUNITY DEVELOPMENT OtSTRICT Notl~e 11 hereby glvtn to 01 klndown- en wUhln the Dove Point Community Of. ytlDllmtnt Dlslrlct, tor lands consJstIno of approximately 252 ocrtS venerolly de- sailed CIS beIn9 locattd In Conltt County. Florida cpprDxlmaftly 2 mil" test of In/rr- state H~ 75, on !he soultl slde of ecun. tv Rood 'oU Ommokolet Rood). boII1ded on Ille I\.YIl1 by County Rood W. Itnmdtolce Rood, on Itte east by !he proposed u1tn- sIon 01 LOOOI\ BouIeYa"d, on ltlt soultl by oor lcuIhrol Ionds, and on ltlt WtSt by Ia'- ntcd undevelopcd land$, ClC!vIsin9 lhct Q mee"no of Iondowners will be held fer Itle pu-pose 01 tlecllno live ~. Dote: Septmbcr 2$, 1996 TIme: 2:00 P .M. Place: m H. Colla' BouleYa"d ~ Island, FIorklo : Each landowner rrt:1'( YOI. In person cr by I Mitten proxy. Proxy forms rrt:1'( be d).. i taint<! upon request at ltlt oflkt$ of Itle \ Olstrld Manooer, 10J00 H. W. 11 ~l . Corol Sprlnos, FIcrIdo 33071, .(9S.I) 7>>QJIQ or at Il1t above sIoled oocrm. At said mee"no each Iandowncr cr his r,roxy ,sholl be entfl1ed to cast one vote pef' ocn of land owned by hIm and Iocatfd wfIhIn Itle 01$. !rid for tach penon to be tIecttd A froc: lion of on ocre sholl be hoItd CIS orot ocn. Immediately IollowillQ ltlt IandoIM1Cn meettno ll1ere wI1I be CXlnWned Itle rtQUIcr meellng of the Boord ot ~son fa' the PCJrPO$e 01 consldering ccr10In ~ tIonoI rnotten of Itle Boord to Indude eIec- lion of cer10ln OIs1rlc:t otfIan,. ond other such !MInns which rrt:1'(. praperly come before Ill. Boord. The meetfncI Is 0lltIl to Ille public and will be ~ In occor. dance wI1I1 Itle PI"OYbIons ot FIor1da law : fcrCommunlly Dev~~ Each person who deddes to ClP9taI ony ocIIon token at ~ meeflncs Is ad- vised !hat penon will need a record ot the proctedlngs and that octerdlnolY, the person may need to tnW. that a vtrballm record of Itlt ~ Is mode, 'lndudIllQ Itle tnllmony and evf.. cleoct upon which such ~ Is to be based. Gory L Moyer McInoger SeplenM 3, 10 No.IS7719 t' ':~. '. ~" ;... :' . .,. ,.~ ~ , , ' ~... \, ..' ....:.... .:.' -;, .~,.~ ~ ...~:'~ . t '. " ..~ }, ,\'.o ,~;... \ "'. :,ll~~' :. . -_ . ",.", t' .~, ~ ':. >':-~~' ':" ;-:: t' '~:' .. :'.':.~~. ::~., .~ ;l;:<~' .'~.,:'~ '. /,: :-. "~)' " ,~~ '>;":',,"-- . .., ',' I <10 )~".t"",:,,\; -~ ,,- '.".. , - " . ;:-: " ~:., . ~ . II: ' , , ~, ". REFERENCE: 027769 57358354 ~IOTlCE OF LANOOIINF.RS ''1, State of Florida County of Collier Betore the under~igncd authority, pcrson.lly appe~rcd Nina Iv~rson, who on oath says that she serves as the Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, I in Collier County, Florida: that the attached I copy of advertisi~ was published in said I newspaper on dates listed, I Affiant further says that the said Naples Oally I News is a newspaper published at Nnplcs, In said I Collier County, Florida, and that the said I newspaper has heretofore been continuously I published in said Collier County, Florida, each I day and has been entered as second class aall I ~tter at the post office in Naples, in said I ColLier County, FLorida, for a period ot 1 year , next preceding the first publication of the I attached copy of advertise~ent; and affiant I turther says that he has neither paid nor pro.iscdl any person, tir~ or caporatlon any discount, I rebate, co.mission or refun~ for the purpose of I securing this advertiseaent for publication in thel said nc~;pop~i. i I PUBLISllEO ON: 09/03 09/10 I I I I I I AO SPACE: 6.250 INCH I FILEO ON: 09/10/96 I --------------------------------------------------+ Signature of Affial't ~~"U) c-/~/~/ Sworn to and Subscribed ~tore ae this L d<ty of ~~r/t P"'~.lly ,- by.. '--:" "(~ (2. 1..~ liJ~ ,/ 1~1C:. , '...: ~ :.01 : ,.'" . ' ',.f' f'" :.~~ .~:.' " -~. -! .. ~; '- .,i" t \ ,r ~.. ,,~ ;. ;" I ~.'-:::. " . 't' ..' '> ~ ~ ~., :' >-~".,i.i;;~ :'<~: " ./ I :...' /,\",~'~ .;". ~'. '.,'~ < ~ ,'~ \.:,:.~ 'r.~'~ -~; \::. .... ,.\ -, ,r ~ (. \ " . " ,.... ~ ,',I. f',', ,~:. 't :: ..' '.: ." . , ' ..:~\,';{I); :.\~::\:::,;:. 11'::t':::~ JucltJl A. fIInlcan f~(~l i:} left COMr.I::slON, Cl:SOm7 ~S ~'" ~~ '-'~'It """" ..,......' ~. .--, ......... .....'It.:. IOIICfO lWIu lIIOf,,. ~ IIC. wa--".1lH1f'----'" n~~ -mr---.rrrr lr.' JlV-- .. r -- D()VE prO[N~r[~ 16G 3 ~~ COMMUNllY DEVELOPMENT DISTRICT September 25, 1996 Board of Supervisors Dove Pointe Community Development District Dear Board Members: Based on a request from Mr. Reinders to have new members on the Board and upon the understanding that Mr. Reinders will assume all financial debt obligations and satisfy those in the best interests of those involved, I tender my resignation effective immediately as I believe my services are no longer necessary. 10300 N.W 11 th MANOR CORAL SPRINGS. FLORIDA 33071 TELEPHONE: (305) 753-0380 FAX: (305) 755-6701 _,I .~; ..:, ..: I ':"~""l "', ...:.... 't:" :V, " 1',':1' '.~~~. ....tl .J...~f.~t'l~~'''','ltt 11.'..".. .~.), t r. "."t~t t';... !,!"",\tl' Zt:.,\ '.~j-;;:./.""f'''.''',,;:' :\'~:t:....... ~';"".-'":I'..'" ",' ::,.\ 1.... ~::'....l...~ l.~~. ..~,~ "'; ! D(OVE P!()INTE -~ COMMUNllY DEVELOPMENT DISTRICT 16G 3 September 25, 1996 Board of Supervisors Dove Pointe Community Development District Dear Board Members: Based on my conversation today with Mr. Reinders regarding payment of my Supervisor fees, which I was assured would be paid at settlement, I tender my resignation effective today. Sincerely, c#=- Barry Harner 10300 NW. 11th MANOR CORAL SPRINGS. FLORIDA 33071 TELEPHONE: (305) 753-0380 FAX: (305) 755-6701 ..--...,. ..~.....-. - 166 3 Oath of Office I, William Snyder, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Dove Pointe Community Development District and a recipient (If public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Dove Pointe Community Development District, Collier County, Florida. ~ 16G 3 Oath of Office I, "RA1""''''''J. Go \-b-Y'IS, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Dove Pointe Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Dove Pointe Community Development District, Collier County, Florida. ~_ OQ. ~/,r, oJ -tv I ' :.:'~:~>:~.,:'-.~,:~',\":;,:";:~:-\:":_;>'.:,;.~I::~:<}":.";';~:,<>."~.:.,::~. ::,. ',: '.-".,:,:. :)':: '; -':. ".~, ~'.... .i'-' .~',:-'. ______""-''",..;'_,.'''''''',.__,_''''-.''''''''''"~_''''_'_.,_'~__'_w,__,.~._.,...~,., 16G 3 fj. Oath of Office I;,':14M1?:>,.vj. ~,J~ a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Dove Pointe Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Dove Pointe Community Development District, Collier County, Florida. L- rZ.5 (q ;, 16G 3 Oath of Office r,CfII'r/41f. '&:le1 ,a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Dove Pointe Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Dove Pointe Community Development District, Collier County, Florida. ~lH r/zfhl., -----_._--.-..,..""'--,-_....,-.,...__....""'-""--- 166 .. , Oath of Office I, ~.Ie;.c,J , a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Dove Pointe Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Dove Pointe Community Development District, Collier County, Florida. Lid/It r /~0( , .. ,'''----.~-,.."--_.<'''*'''-'''_..~,'~''''''...;',....;...<...,~'''"..._._-'''...'''''''''-'<",...."~.~..","."',,.,.,'-, 16G 3 I RESOLtmON 96-1 A RESOLUTION DESIGNATING JAMES REINDERS AS CHAIRMAN OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Dove Pointe Community Development District desire to appoint James Reinders as Chairman; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT: 1. J ames Reinders is appointed Chairman. Adopted this 25th day 0 September, 1996 Ad~ Secretary RESOLUTION 96-2 A RESOLUTION DESIGNATING RAYMOND HARRIS AS VICE CHAIRMAN OF THE DOVE POINTE COMM:UNITY DEVELOPMENT DISTRICT 16G 3 \VHEREAS, the Board of Supervisors of the Dove Pointc Community Development District desire to appoint Raymond Harris as Vice Chairman; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF' SUPERVISORS OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT: 1. Raymond Harris is appointed Vice Chairman. Adopted this 25th day of September, 1996 ~-~. =4l:2Jft4~ Vary L. Secretary , ; ~. . ;' ~ .... . 0; \ . ~ . . . \ ~ . ~ .:.. , . ..... ,'~'..; _L\ . ;: /,"" . 'r :'. '''~' . I ,.' \ I ~,' - " ~ .... . .' . ,,' . :. . " : . ~ ,,' ..,...f'J".~..I,/~,'''1.~...I/. .~'i'" l.1!o.I.- ,'.,". ".'" 'f ~"'. ,'" . >. ',' ".'..:.';.:'''~'.~>j:L:I,:~~''~-::~...~.-::.,~~~:~'ll~'i~.\r:.:..~:.:..:~.;l~':'~.,i:.'l':';'':': :~" .....~ ~~<':' .:<'.'" "'.\ >: '.:.:~.; 16G . 3 RESOLUTION 96-3 A RESOLUTION DESIGNATING CHARLES F. BAILEY, RALPH KLASS, WILLIAM SNYDER AND JAMES P. WARD AS ASSISTANT SECRETARIES/ASSISTANT TREASURERS OF THE DOVE POINTE COMMUNITY DEVELOPMENT DIS'IR1CT WHEREAS, the Board of Supervisors of the Dove Pointe Community Development District desire to appoint Charles F. Bailey, Ralph Klass, William Snyder and James P. Ward as Assistant Secretaries/Assistant Treasurers; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT: 1. Charles F. Bailey, Ralph Klass, William Snyder and James P. Ward are appointed Assistant Secretaries/Assistant Treasurers. Ado ted this 25th day of September, 1996 ~ ;c~.~ \ Secretary 16G 3 RESOLurION 96-4 A RESOLUTION CANVASSING AND CERTIFYING TIlE RESULTS OF 'llIE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES WHEREAS, pursuant to Section 19n.OOn(2), Florida Statute, d landowners meeting is required to be held within 90 days of the District's creation and every two years following the creation of a Community Development District for the purpose of electing three Supervisors of the District; and \VHEREAS, following proper publication of notice thereof, such landowners meeting was held September 25, 1996 at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and WHEREAS, the landowners by means of this Resolution desires to canvas the votes and declare and certify the results of said election; NOW, THEREFORE, BE IT RESOL\'ED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE DOVE POINTE COMM1JNITY DEVELOPMENT DISTRICT; 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to wit: J ames Reinders 251 votes Raymond Harris 251 votes Charles F. Bailey 250 votes 2. In accordance witil said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: 'lllr:<r1i'<l ",,,.._::,~.~,,.A4$ '. I~.. ""It '- _..._..._.........'_"""",O>._.""":".".,,,..."_"~~..""'~;_,.:''".......__".~'__",,,,'_'_"",-~".""-".- 16G 3 J ames Reinders four (4) year term Raymond Harris four (4) year term Charles F. Bailey two (2) year term 3. Said terms of office shall commence immediately upon the adoption of this Resolution. PASSED AND ADOPTED THIS 25TH DAY OF SEPTEMBER, 1996. fi-~~ Secretary - -- ,_.......-.......,..... 16G 3 RESOLUTION NO. 96-5 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT, ADOPTING INVESTMENT POLICY FOR THE DISTRICT AS PROVIDED IN SECTION 218.415 (15), FLORIDA srATUI'ES (1995) 'VHEREAS, in direct response to the investment crisis in Orange County, California, and other reported investment losses by some local governments in Florida, the Florida Legislature passed CS/SB2090 (codified in Section 218.415, Florida Statutes, (1995); and WHEREAS, Section 218.415, Florida Statutes (1995) creates supplemental provisions that update existing state statutes requiring, in part, that written investment policies be adopted by the local government on or before October 1, 1995, or in addition to or in lieu of establishing a written investment, to elect to proceed under subsection (15) of Section 218.415 which sets forth alternative investment guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE DOVE POINTE COMMUNITY DEVELOPl\IENT DL':ITRlCT: 1. At this time, the District elects to proceed under the Alternative InvestL.:mt Guidelines set forth in Section 218.415 (15), Florida Statutes (1995), in lieu of establishing a written investment plan as set forth in Section 218.415 (1)- (14), Florida Statutes (1995). 2. This resolution shall become effective immediately upon passage. Adopted by the Board of Supervisors the 25th day of September, 1996. A'I1'EST: i~ COMMUNITY CT Q.afy L. 1 Secretary Approved as to form and correctness: ~~~~..~~ District Counsel MARY W. MORGAN SUPERVISOR OF ELECTIONS COLLIER GOVER:-OME'OT COMPLEX ))01 T^MIAMI TRAIL EAST NAPlES. FLORIDA 33962.-4971 TELEPHONE: 813/77..8-450 166 "3 June 2. 1995 Mr. Gary L. Moyer, P.A. Land Development & Management Consultant 10300 Northwest Eleventh Manor Coral Springs, FL 33071 Dear Mr. Moyer: SUBJECT: VOTER DEMOGRAPHICS. COMMUNITY DEVELOPMENT DISTRICTS Pursuant to your request and Florida Statutes, the following voter registration information is provided to you for the subject community development districts located within Collier County, Florida. These figures reflect voter registration as of June 1, 1995. District ~ Port of the Islands C.O.D. 70 lely Resort C.O.D. 137 Key Marco C.D.D. 783 Pelican Marsh C.O.D. 9 Dove Pointe C.O.D. o The cost of the computer sort to determine these voter registration figures is $125. If you have any questions, please do not hesitate to contact me. Sincerely, ~\""<"'\ ~"'~ """-'J . ~~~ Mary W. Morgan Supervisor of Elections mwm ':\dis....t\Cd"SlIt.qw 10 ~ - 'll' ,;.: o ~ ~ ~ -g c . c: , ll.. (/) u .. i= IX) .... (/) ~ 0 i= N t- O J! 0- < ... ::> t- III ~ ., Q) 0 ""- oJ (/) t- .. ... ::l l!l ::I i: -' C- D c: < Q) .!:: ~ 3 c: OC ii ., u ::> t- E 'g. c;. 0 :; 0 .. 0: ~ ~ III :! OC ;; 0 '0 (/) u (; ,; ::: u. U 0- J! I E 0 CI) w 0 VI t- V) U ... w 0 -' u. ", w "3 (/) 0 t- .. . "CI c: .. e,:) p. () J . f:,~~~ 1 000 0000 ~ ~ 0 !,! c: c: ~ ~ - ~ IQ Ql ", .,5 ~:oeo :> IQ o-a.. Ql Ql . 00:8 z ~~~~~ 00000 00000 4U~C:!.z'- - ~",' Q) ~_ C:.t: CD~~5 J: 'f!.~~ 000 000 .. ., c: !' .!1 ~ lQe~ ~ Ql c: u.::> "$."J!.fJ!.";/.i! 00000 00000 1 t .. CXl~~$"" t _515151.0 VCOU'1\(,)^ _N'll' ... I lit '3 o t- ~ .. a.. .... u ~ '0 a.. .!! ~ o t- . CIl c: c;. . CIl <( i c: ... c: :::l 00000 l ~ I 00000 II Cl. II i Or c: :i '0 Cl. ! c 00000 III .a .E 1i 0. ::J ::> 0. e . CI a:: .... .g t 00000 -! ~ j III 0000 00000 .. . 5 0000 00000 .!.! c: a. J! ~ X ~ ~ 0000 00000 .2 '" c: g- .!! D. ~ ~ CI .... 0000 00000 .g ... -! u :! .!! It) en 0000 00000 . ~ t 00000 0000 00000 00000 0000 00000 00000 0000 00000 ~ ~ : c: .... ~ i .sLL. '" Cl' c: ii el ~:i ~ -! ~ It) .W '1 J.j iii18 ill! 1O~;~lft -sss.o "<<>>lftlft^ _1'1'" l- ll.. 16G 3 I I i m . '" ! o 16G ., Gar~ L. Moyer) P.A. Land DCI.'e1opment (1 Management Consultant : 10300 Northwest Eleventh Manor Coral Springs. Florida 33071 (954) 753.0380 RECEiVED APR 1 6 1997 March 3, 1997 Soard of County Comm\ssione~{ Clerk of the Circuit Court Finance Department cia Dwight E. Brock 2671 Airport Road, Court Plaza III P. O. Box 413016 Naples, FL 34112-3016 RE: Minutes of the Regular Board of Supervisors Meetings of October 21, 1996 and January 13, 1997 Dear Mr. Brock: Enclosed for your records are copies of the minutes of the meeting of the Board of Supervisors of Naples Heritage Community Development District held as referenced above. Sincerely, J I ,/~/ ~, Gary L. Moyer Manager 1; Ic-<J~''- , I .::, -..J , . " . ~ ,J --1 , - - --. ~~ \.0 G LM/nk Ene. M\~r.. r,(\fr~~: o".:i!f/P7 - \' " I! / ~ . q I CCi'('~ Ie\'. .-._- ...~----- --A _ .-_. 166 3 MINUTES OF M.Kt;l'fNG NAPLESHERlTAGE coMMUNI'IY DEVELOPMENT DISTRICT The organizational meeting of the Board of Supervisors of the Naples Heritage Community Development District was held Monday, October 21, 1996 at 10:30 A.M. at First Union National Bank, 5801 Pelican Bay Boulevard, Naples, Florida. Present and constituting a quorum were: John J. Agnelli Alan Burns Peter Comeau John F. Stanley Raymond Miller Supervisor Supervisor Supervisor Supervisor Supervisor Also present were: James p, Ward Bruce ..t\nderson Bill MeAnly J ames Curry Dr. Hank Fishkind Doug Sealy Danny Tyler District Staff Attorney Engineer U.S. Home Fishkind & Associates Prager, McCarthy & Sealy Nabors, Giblin & Nickerson, P.A. FIRST ORDER OF BUSINESS Call to Order Mr. Ward called the meeting to order at 10:30 A.M. and stated that all Supervisors are present with the exception of Mr. Stanley who is absent at roll call. SECOND ORDER OF BUSINESS Oath of Office for Newly Elected Supervisors Mr. Ward stated the four of you sitting here are the Supervisors who were named in the petition to create the C.O.D. and you serve in the capacity as interim supervisors until such time as the District goes through a landowners meeting. That meeting is required to be held within 90 days of the creation date of the District and is the time at which the permanent Board of Supervisors will be elected by the landowners of the Naples Heritage C.O.D. For the record my name is Jim Ward and I am a Notary Public and have the ability to swear you in. I have provided to you an oath of office to sign and date after you are sworn in. October 21, 1996 16G 3 Mr. Ward, being a notary of the State of Florida, administered the oath of office to Mr. Agnelli, Mr. Burns, Mr. Comeau and Mr. Miller, which will be made a part of the official District records. TIIIRD ORDER OF BUSINESS Overview of District Re~j'ponsibilities and Purpose A. Introduction Mr. \-Vard stated item three on your agenda is a review of your responsibilities and the purpose of the Naples Heritage C.D.D. This District has been organized as a Chapter 190 C.D.D. for the purpose of financing and eventually operating and maintaining what we commonly refer to as community wide infrastructure within the community of Naples Heritage. B. Review of Statutory Requirements Mr. Ward stated you statutorily have the authority to do a number of things including utilities, water management, street lights and things such as roads, security and public facilities such as schools or community buildings, etc. Some of which are what we call mandatory powers and others are which are called optional powers. The optional powers portions of your responsibilities we will deal with later in terms of a resolution that we will ask the Board of County Commissioners to adopt to gHmt you those optional powers. By virtue of you being a supervisor of the C.D.D. you are now a public official of the State of Florida and must conduct yourself accordingly. By that I mean you are subject to the Sunshine Law, which indicates that no two members of the Board may conduct business outside of an open noticed public meeting. You will notice that I am recording this meeting. The minutes will be transcribed and will be made a part of your permanent record. In additional to that particular provision, you may not use a member of your staff to try and find out how another member of this Board may yote on a matter which will come before you at any point in the future. It does not preclude you from discussing with your staff an item that will appear before you but you may not try and utilize your staff to find out how another Board member may act in this matter. I suggest you act conservatively in your position as a supervisor and if there is any question relative to the Sunshine Law, either Mr. Anderson or I can help you but we will both tell you to act conservatively in your actions and by that I menn just don't discuss the matter until '....e come to a noticed Board meeting and then it will be appropriate to do so. That is one of the primary Statutes that you must comply with. In addition to that you are required to comply with the Financial Disclosure Laws of the Statute. It is a simple form 2 October 21, 1996 16G 3 that you must fill out. We will provide you a copy of that. It must be filed with the Supervisor of Elections in the County in which you reside; not the County in which the District is located, within 30 days of you being seated on this Board. \Ve will provide you with the Financial Disclosure Form and if you have any problems with it, please give Mr. Anderson or myself a call and we will help you. It is a simple form, not as onerous as what you might see County Commissioners having to comply with. With that I will stop and ask you if you have any questions relative to your obligations as a Board member and then we will go on from there. Not hearing any, we will continue. C. Audience Comment..q Mr. Ward stated in your future agendas, the audience comments section will be placed later on in the agenda. It is an opportunity for any member of the public to be able to ask you or the staff of the Naples Heritage C.D.D. any questions that they may have relative to agenda items that you are considering today or any other agenda items which may come up for your consideration in the future. Generally at your first meeting you won't have any audience comments but if you would like we can entertain audience comments at this point. Mr. Comeau asked can we introduce ourselves? Mr. Ward responded yes. Mr. Agnelli stated my name is John Agnelli and I am President of Intellinet Inc. and was formally with a company called Lely Development and I have been through this once before. Mr. Miller stated I am Ray Miller and I am Chairman Emeritus of ~Nilson, Miller, Barton and Peek. I am retired. I have lived in Naples for over 40 years. Mr. Burns stated my name is Alan Burns. I am the controller of U.S. Home Corporation for the South Florida operations. I have been here about nine years. Mr. Comeau stated I am Pete Comeau and I am with U.S. Home. I am Vice President of Land Development. Mr. Ward stated these four individual will act as the Board of Supervisors which is the governing Board of the District. We have another individual who is a member of the interim Board who is not with us today. His name is Jack Stanley. From Staffs perspective, my name is Jim Ward and I am with the firm of Gary L. Moyer, P.A. \Ve represent many of the Community Development Districts throughout the state of Florida, both from a management and a financial perspective. 3 October 21, 1996 16G 3 Mr. Anderson stated my name is Bruce Anderson and I am an attorney with the law firm of Young, Van Asscnderp and Varnadoe. We represent several other C.D.D.s in Collier County and Lee County as well. FOURTII ORDER OF BUSINESS Election ot'Ofticers A. Chairman (Resolution 97.1) Mr. Ward stated the Chairman of the Board generally will conduct the meetings and sign all of the legal documents that will have to be signed. This position is a requirement statutorily and it is required that the Chairman be a member of the Board. \Ve have included in your agenda package Resolution 97-1- It would be appropriate for you to indicate by motion who should sen'e as Chairman and then adopt that by motion. On MOTION by Mr. Burns seconde by Mr. Mi ler with all in favor Resolution 97-1 designating Mr. Comeau as Chairman was ado ted. B. Vice Chairman (Resolution 97-2) Mr. Ward stated item 4B is consideration of Resolution 97-2, which is the Vice Chairmanship of the District. All the Vice Chairman will do is act in the capacity of Chairman in the absence of the Chairman and sign documents to the extent that the Chairman is absent. On MOTION by Mr. Burns seconded by Mr. Miller with all in favor Resolution 97-2 designating Mr. Burns as Vice Chairman was ado ted. C. Secretary (Resolution 97-3) Mr. Ward stated the purpose of the Secretary's position is two fold. One is to witness the signature of the Chairman or the Vice Chairman and secondly for purposes of doing minutes and recording those minutes. It may either be a member of the Board as I indicated to you in your letter. I would recommend that you appoint me and your secretary and then once we finish, any of the Board members who do not fulfill the position of another officer should be an assistant secretary. On MOTION by Mr. Agnelli seconded by Mr. Burns with all in favor Resolution 97-3 designating Mr. Ward as Secreta was ado ted. 4 ':,:;!:!::'~ :./;;.,:,,::,,:.;:l.."}..,,:~..,..:.,.:,,:, .;: ", '}':' ',' ", \'.\~'" . .:'"....,. "';'. :,:: ,: :.:.\< Y" "V' "or ------.'...--.--- October 21, 1996 16G 3 D. Treasurer (Resolution 97-4) Mr. Ward stated the fourth item is for the Treasurer of the District itself. Again, by Statute that can either be a member of the Board or it can be a member of your staff. The Treasurer's position is to do most of the normal day to day bookkeeping and accounting work related to the District. As I recommended to you in your agenda index, I recommend that I be appointed as your Treasurer for this District. On MOTION by Mr. Comeau seconded by Mr. Agnelli with all in favor Resolution 97-4 designating Mr. Ward as Treasurer was adopted. E. A.<;sistant Secretary(s) (Resolution 97-5) Mr. Ward stated 1 recommend that Mr. Agnelli, Mr. Miller being appointed as Assistant Secretaries at this point. Once Mr. Stanley takes his oath of office we can add him to the Assistant Secretaries position. On MOTION by Mr. Comeau seconded by Mr. Agnelli with all in favor Resolution 97-5 designating Mr. Miller and Mr. Agnelli as Assistant Secretaries was adopted. FlFTII ORDER OF BUSINESS Appointment of District Manager and Certain Support Personnel Contract for Services (Resolution 97~) Mr. Ward stated I have enclosed in your agenda package our standard form agreement which outlines for you the scope of services that we generally pro..;de to the C.O.D. that we work on. Primarily in the area of management of minutes and records and then the accounting functions for the District itself. It is a standard form agreement and the fees outlined therein are standard fees that we utilized for many of the Districts that we have. I also pro\ided to you a brief background of our firm. \Ve currently represent over 65 C.D.D.s throughout the state of Florida. I have personally been involved in these Districts for 16 years now and represent about 15 of the 65. On MOTION by Mr. Agnelli seconded by Mr. Comeau with all in favor Resolution 97-6 designating the firm of Gary L. Moyer P.A. as manager for the District was adopted. 5 -.- -...-.-.-.- .,-----.. --.---- - -........-- ~-- -.--- October 21, 1996 16G 3 SIXTH ORDER OF BUSINESS Appointment of District Legal Counsel (Resolution 97.7) Mr. Ward stated in your agenda package is a draft agreement with the firm of Young, Van Assenderp and Varnadoe to provide you legal services for this District, including Exhibit A, which has the hourly rates for the attorneys working within his firm. I can tell you from my experience that I have worked with Mr. Anderson and his firm for many years now, even when Mr. Anderson was representing Collier County at the County Attorney's office and I have always found their work to be exemplary and professional. They have currently worked with us on many of the C.D.D.s here in Southwest Florida and from my perspective, it is recommended for your consideration. Mr. Anderson stated for the record, our firm has in the past and hopefully will continue in the future to do some work for the major landowner, U.S. Home and in approving this agreement, you are consenting to our continued representation of that landowner. On MOTION by Mr. Comeau seconded by Mr. Miller with all in favor Resolution 97-7 designating the firm of Young, Van Assenderp and Varnadoe as District counsel was ado ted. SEVENTII ORDER OF BUSINESS Selection of District Agent and Registered Oftice (Resolution 97-8) Mr. Ward stated again, in accordance with the Statute, you are required to select a District agent for the purpose of service of process in the event that the District is sued and a registered office which should be an office located in the County in which the District is located, we are recommending to you that Mr. Anderson be appointed as the registered agent and his office of Young, Van Assenderp and Varnadoe be appointed as the registered office for the District by adopting Resolution 97-8. On MOTION by Mr. Agnelli seconded by Mr. Miller with all in favor Resolution 97-8 designating the firm of Young, Van Assenderp and Varnadoe as registered office and Bruce Anderson as District agent was ado ted. 6 .:';ii.:~;:..~ ".\:: ;:~:/.'~~.::.::":'~\ :~,..:;/:'Y\./'? .~',':\::"::~.",\",)';.~'.:::.~'.:'...'~.:<:. ;. .::.>:.<~:::'.I' '.~':,~'.;~:.!;.'..:.~'r~ ~.::: ...........-.....~ _0. -- -- October 21, 1996 16G 3 EIGlrTI-I ORDER OF BUSINESS Consideration of Resolution 97-9 to Request the Collier County Board of Commissioners to Grant the Optional Powers as Outlined in Chapter 190 Mr. Ward stated as I indicated to you earlier, there are certain powers that are outlined in the Statute, which you can after creation of the District request the Board of County Commissioners to authorize you to execute those particular optional powers. We have included them in Resolution 97-9, which include parks and recreational facilities, security facilities and I also have mosquito control which is a mistake and should not be in there, although it is an optional power. In Collier County that will not be needed in this particular location. This optional powers Resolution will be consistant with the powers that you will need when you get to the point of adopting your special assessments, which is a little later on in your agenda and Resolution 97.9 is recommended for your consideration. On MOTION by Mr. Comeau seconded by Mr. Miller with all in favor Resolution 97.9 as amended requesting the Collier County Board of Commissioners to grant the o tional owers as outlined in Cha ter 190 was ado ted. NINTH ORDER OF BUSINESS Consideration of Resolution 97-10 Approving the Proposed Budget for Fiscal Year 1997 and Setting a Public Hearing and Approving the Developer Funding Agreement Mr. Ward stated the Statute that we operate under actually requires the District Manager to present a budget to you usually by July of each year in which you will then have sufficient time to go through your public hearing process and have it adopted by October 1 which is the beginning date of your fiscal year. Obviously, because of the creation date of this District, we don't have the ability to comply with that particular provision but next year you will and we will have to comply with that provision. However, I have included in your agenda package a draft budget for Fiscal Year 1997. It shows in the revenue section the developer contribution that would be consistant with the funding agreement that we have with U.S. Homes. 'T'here are two operative provisions in the Statute, the first is what we call the approval of the budget itself and then the second operative provision is the adoption of the budget itself. You will go through today and what I am recommending to you is that you approve the budget solely for the purpose of setting your public hearing on that budget. At the adoption phase of the 7 ~:":"";:I.~,.,.""'~:'""''''''\~'''':~;.':''-I.'f.':;'~:~'~;,";"," ~,. ,', ,":, '.','" ":.,.l, :\ ,'~' ,,,~, '.' ."I..~.::-:","'l":':~1:';'< !:.',:,:~,~.,,,,',;,:~;~,:~...,~ ..', ..........: :....""'~.,.~ '.~. ' "..., I \ .: '~I i" " ..',' : October 21, 1996 consideration of this particular budget is when yl ~~ pJ in place the actual line items for your budget. It still does not bind you to that budget. You can increase it or decrease it or change it at any point that you need to but it does meet the statutory requirements for a budget for this District for Fiscal Year 1997. The Statute also requires that we provide this to the County 60 days prior to the adoption date of your budget and with today being the 21st, since there is no necessity to do this the week of Christmas, I recommend that we go until January 13, 1997 for the adoption of your budget at 10:30 A.M. at Young, Van Assenderp's office for adoption purposes. If you have any questions relative to this budget I "..ill be glad to answer them. Other than that, consideration of Resolution 97-10 is recommended for your consideration. Mr. Agnelli asked under administrative fees, what are computer services? Mr. Ward responded that covers a portion of our fees internally for work that we do for the District. The record will reflect Mr. Stanley joined the meeting. On MOTION by Mr. Agnelli seconded by Mr. Miller with all in favor Resolution 97-10 approving the proposed bud et and settin the ublic hearin was ado ted. Mr. Ward stated the funding agreement that is attached is a standard fonn of funding agreement with U.S. Homes in order to fund this particular District. All that indicates is that the District on a periodic basis will request monies from U.S. Homes in order to operate the District. It will then go into your operating accounts and we will pay the bills from there. With that it is recommended for your consideration. On MOTION by Mr. Comeau seconded by Mr. Burns with all in favor the developer funding agreement was approved. Mr. Ward stated I will provide Mr. Stanley with a copy of the oath of office for this District. Mr. Ward being a notary of the State of Florida administered the oath of office to Mr. Stanley which will be made a part of the official District records. Mr. Ward stated for the organization matters I would ask for a motion to appoint Mr. Stanley as Assistant Secretary. 8 :':;:>~-'~:'~"I~~? '~/:-~~..~';,,:f :~\.~.\':: ',':.,-',':' ,I ':~ ':..\: ..', '.' ~': . ....:,.' '\',:~ '..- .:_.....1:. ,,' ", . .:~ .... ',' :;:~~,~ ',:':,:>:.../~ :':.,\ ~< <':,:. :',' ,!' ;.,:" ',-" ,:'.'-:.. ',' ::~ .",', ,.:...' ....:..- ','.-: :', ,',. : 1 i, 1 . ~:::' '. October 21, 1996 16G '. 3 On MOTION by Mr. Agnelli seconded by Mr. Miller with all in favor Mr. Stanley was designated as Assistant Secretary. TENTH ORDER OF BUSIl\TFSS Consideration of Resolution 97.11 Se · Forth Policy Regarding Support and Legal Defense of Board Members and District Staff . Mr. Ward stated I have enclosed in your agenda package a standard i':rm resolution which sets forth the legal defense of the District. As we get into!is District, you will notice in your budget that we have certain monies allocated for insurance. After today we will bind the District for directors and officers liabmty insurance and general liability insurance. Being a governmental agency, yoEdO operate under the sovereign immunity limits of the Statute which I think were changed this year to $300,000 per incident, $500,000 per occurrence and abovC.d beyond that you really don't have a liability other than claims in Federal court. However, with that, there are time which you as individual Board members f:ay be sued. In all the years I have been involved with these Districts, that has n"er happened but in order to cover you, we do have a standard form resolution wt!ch covers the Board and staff in the event that will happen. That resolution is in 'ur package and recommended for your consideration. On MOTION by Mr. Comeau seconded by Mr. Burns with all in favor Resolution 97-11 setting forth policy regarding support and legal defense of Board members and District staff was ado ted. ELEVENTIf ORDER OF BUSINESS Authorization to Advertise A. Engineering Services Mr. Ward stated in accordance with the Statute creating the District~d the general Statute of the State, there is a Statute called the Consultants Competitive Negotiation Act, It is Chapter 287 of the Florida Statute. T~at indicates that when you are going to hire certain professionals, engineers, tlnd surveyors, etc., you are required to go through a process where you son'cit competitive proposals from qualified engineering firms to do certain work fo~lhe District. Those are non priced based proposals, That means that the engineenng company will submit to you their qualifications on what they call Standard ~ 254 and 255 and you will evaluate those proposals and then rank the propo'llls from the engineers who submit them to you. To the extent that you receive 9 ~I'''''''l._''''''''' October 21, 1996 166 "'31 than three proposals, you are required by law to rank at least the top three nd then you will authorize your staff to enter into negotiations with the number ne ranked firm and to bring back to you a recommended agreement which w ld then include some form of pricing, whether that is an hourly rate for the se that were required t.o utilize the engineer for this District. This starts the pr and the process will allow us to go through the advertisement itself. With th if you have any questions, I will be glad to answer them hut I am recommendi a motion to authorize staff to advertise for consulting engineers pursuant to CCNA process for this District. On MOTION by Mr. Comeau seconded by Mr. Burns with all in favor staff was authorized to advertise for en 'neerin services. B. Adoption of Resolution 97.12 Expressing the District's Intent to U the Unifonn Method of Levying, Collection and Enforcing No Valorem Assessments Mr. Ward stated as we move forward in the years in this District a being a governmental agency, we will have the luxury of utilizing the Prop Appraiser and Tax Collector of Collier County to place any non ad valo assessm~nts, which you may decide to impose on the tax bills that a resi within this District will receive in November of each year from the Tax Collect Collier Count.y. By Statute, you must adopt a resolution which indicates to Property Appraiser and Tax Collector of Collier County of your intent to ut that method. It does not bind you to the use of that method now or anytime i future. It just allows you to utilize them in the event that you chose to do th the future. Obviously in year one, due to the creation date of this District yo . not going to be able to do that but for November of 1997, you may decide to do when we get to our budget hearings next year and also when we get to the poi issui ng special assessment bonds for this District and the bondholder may req us to utilize that method. This resolution is in your package. It is required t adopted on or before January 10, 1997 and it is recommended for consideration. Mr. Anderson asked has this been advertised or are you just askin authorization to advertise? Mr. Ward responded authorization to advertise. Mr. Anderson stated so we would not be adopting this resolution today. 10 October 21, 1996 16G 3 Mr. Ward stated you adopt the resolution which authorizes it to be advertised. On MOTION by Mr. Comeau seconded by Mr. Agnelli with all in favor staff was authorized to advertise a public hearing to consider the adoption of Resolution 97- 12, expressing the District's intent to utilize the uniform method of levying, collection and enforcing non ad valorem assessments. TWELli"IlI ORDER OF BUSINESS Selection of Regular Meeting Dates and Time and Landowners Meeting Date and Time Mr. Ward stated you can decide to do this today or you can defer it if you would like to in terms of your regular monthly meeting date. Generally most of the Boards that I work on like to have a set day during the month in which you will hold your Board meetings. That provides for some consistency. If you are ready to discuss that today in terms of your calendars it would be appropriate to do that. If you are not, I can call around and get your calendars and come up with a regular date for you for these meetings. It is up to you at this point. Mr. Burns stated I suggest you call around and get everyone's calendar. Mr. Ward stated I will be glad to do that. The landowners meeting does not require all of you to be here. We will schedule the landowners meeting in accordance with the Statute. THffiTEENTH ORDER OF BUSINESS Selection of District Depository Mr. Ward stated another Statute in which you operate under is Chapter 218 which requires you to select what is referred to as a qualified public depository or they call it a QPD in the Statute which allows you to place your general banking funds in a bank in Florida which has met the Statutory requirements to hold public funds pursuant to the Statute. Not every bank in the State is allowed to hold public funds. Generally they are the larger banks such as Sun Bank, Barnett, First Union, etc. You have the ability to decide which bank you want. I recommend you use First Union because that is who a lot of my C.D.D.'s are with and it is administratively easier for us. If you don't want to use First Union, I don't have any preference in that regard. 11 October 21, 1996 16G 3 On MOTION by Mr. Agnelli seconded by Mr. Comeau with four in favor and Mr. Stanley voting against, First Union National Bank, N.A.was selected as the District de osito . FOURTEENTH ORDER OF BUSINESS Appointment of Financing Team A. Bond Counsel Mr. Ward stated in the back of the room is Mr. Tyler. He is with the firm of Nabors, Giblin and Nickerson. Mr. Tyler has worked with us for many years and most of financing team that we will introduce to you today relative to these C.D.D.'s. Mr. Tyler stated our firm does only government representation financially and we represent governments in civil matters. Our Tallahassee office litigates matters for Cities, Counties and Districts. I have been involved in 15 to 20 C.D.D.s with multiple financings for those Districts as either underwriter's counselor bond counsel including a number of Districts in this area. Our firm also specializes in doing assessment work for general purpose governments. I do have experience in working with not only the bond aspect but the special assessment aspect also. We would like to work with you and look forward to getting this project started if you select us a bond counsel. Mr. Ward stated from my perspective we have worked with Mr. Tyler and his firm for many years on many of our C.D.D.s and his work is exemplary and extraordinarily professional and the fees that he has outlined for you are more than fair and reasonable to walk you through the process of adopting special assessments. Mr. Stanley asked why do we have to do this now if we are not going to issue bonds for while? Mr. Ward responded when we finish here, you do have the consideration of the issuance of bonds for this Dist.rict on this agenda. Mr. Comeau stated we do want to issue bonds. Mr. Stanley asked today? Mr. Comeau responded not today, but by the end of this year we want to be in a position to issue bonds. On MOTION by Mr. Agnelli seconded by Mr. Comeau with all in favor Mr. Tyler and his firm of Nabors, Giblin & Nickerson was selected as bond counsel. 12 . __________..~___.-o___._____..__._. _ ,._ _~_..__.____.__.,_____._~______..____.___..._ ..-- 16G 3 October 21, 1996 B. Investment Bankers Mr. Ward stated this is necessary for this District. I have enclosed in the agenda package a proposed investment banking agreement with Prager, McCarthy & Sealy. Mr. Sealy is with us today in the back of the room and I think he has provided you a proposal also. Briefly I can tell you that we worked with Mr. Sealy and his firm for many years now on the issuance of special assessment bonds for most of the C.D.D.s that we have in the state. His work is also exemplary and very professional. I will ask Mr. Sealy to stand up and make a few comments at this point. Mr. Sealy stated as Mr. \Vard mentioned, we have worked on C.D.D.s since about 1971. As a matter of fact, we represented Coral Ridge Properties in 1972. We have also represented the landowner in other projects, not only in Florida but in Arizona, Colorado and Virginia. Our fees are contingency fees. We don't charge any fees for any time served until the bond issue is proposed and adopted by the Board. Mr. Agnelli stated there is a third page in this section but it is a copy of the first page of the minutes. Is there a schedule of fees supposed to be in there? Mr. Comeau stated he included part of the agenda instead. Mr. Ward stated it is just those two pages. The other page should not be in there. On MOTION by Mr. Comeau seconded by Mr. Burns with all in favor Prager, McCarthy and Sealy were selected as investment banker. c. Retain Engineer for Purpose of Developing an Improvement Plan and an Assessment Plat Showing the Area to be Assessed, with Plans and Specifications, and an Estimate of the Cost of the Proposed Improvements Mr. Ward stated I indicated to you earlier that you needed to go through the CCNA process to retain an engineer on a permanent basis. The Statute does allow you to retain an engineer on an interim basis for the purpose of assisting you in certain preliminary matters relative to the C.D.D. in an amount not to exceed $10,000. What I am recommending to you is that we retain the firm on MeAnly Engineering to assist us in the development of that plan and plat which has actually already been completed. We will get to that later in the agenda, in an amount not to exceed $10,000 and authorize your manager and District attorney to negotiate a contract for this preliminary work with MeAnly Engineering and then authorize your Chairman to execute that agreement. 13 .,.,...".~.............._...J.;.'iIIIilII:-IgI.'."_~ .--' ~"""'~-~?,,\~..II;~,........ ___,~"". _... n~ _.",. ... 1rIf~. J. ...__.........\.-- ':': \ f:. " ..', .. \' ~~.~ i October 21, 1996 166 '3 f On MOTION by Mr. Agnelli seconded by Mr. Miller with all in favor the firm of McAnly Engineering was retained for the purpose of developing an improvement plan and an assessment plat showing the area to be assessed with plans and specifications in an amount not to exceed $10,000. D. Financial Advisor Mr. Ward stated the fourth firm we will need is a financial advisor. Again, I have enclosed in your agenda package a proposal and resume from Dr. Hank Fishkind for assisting you in the financial matters relative to this C.D.D. Dr. Fishkind stated I have had the opportunity to work as financial advisor for over 20 C.D.D.s in Florida. We have designed special assessment methodologies and assisted our clients in the foundation for the security interests which will be to sell either bonds or other forms of bank debt. In terms of total volume we have helped in the issuance of over a billion dollars of this type of security in the State of Florida. Our goal is to help the Board in terms of your new duties in getting whatever financing that is needed as part of the improvement program of the District. Mr. Comeau stated Dr. Fishkind's firm has done all of the preliminary work to put together the C.D.D.; going to the Board of County Commissioners for approval so all the base work and foundation has been done. On MOTION by Mr. Comeau seconded by Mr. Agnelli with all in favor the firm of Fishkind & Associates was selected as financial advisor for the District. jt'llTEENTH ORDER OF BUSINESS Consideration of Resolution 97.13 Declaring Special Assessment, Authorizing the Preparation of the Preliminary Assessment Rolls and ~~rumgfura~licHe~ A. Presentation of Engineer's Report B. Discussion of Assessment Methodology Mr. Ward stated I am going to pass out to each of you Dr. Fishkind's report. This is a process that you will go through between this meeting and your next meeting in which you will actually impose special assessments on the property within the Naples Heritage C.D.D. Resolution 97-13 that you have before you is what we commonly refer to as the Resolution of Intent of the Board of Supervisors 14 ~.-- ~. _A__ _,_ ~.,..... r,," _....-- October 21, 1996 16G 3 to actually go through and impose these special assessments. I will pick up after Dr. Fishkind goes through his proposed assessments and methodology with you and tells you how these assessments will be spread across the property. Mr. Miller stated your fee is $25,000, the term if five years. Is the $25,000 for the five years? Dr. Fishkind responded yes, unless you issue additional debt. Mr. Miller asked it is not per year? Dr. Fishkind responded no. It is $25,000 the first year because there is a lot of work involved in getting the bond issue ready. Should you issue subsequent debt, we charge that amount because of the liability. Briefly, this assessment methodology as I said earlier, provides the foundation by which you can issue bonds. In working with U.S. Home the costs of all of the improvements that are anticipated for the District, including roadways, drainage, utilities, etc. is $15,395,170 for this District to fund those expenses, will require some type of bond. To be conservative I have assumed the highest cost of financing. Not that bonds are necessarily more expensive than a bank loan but I have assumed very conservatively that you need to issue $20,265,000 worth of bonds to create the cash funding of $15,396,000 worth of improvements. The standard long bond structure that I have used includes a one year debt service reserve, two years of capitalized interest and cost of issuance. It is extremely unlikely you would need more bonds than that. What we want to do is find the most you might have to issue to provide a cushion by which you could issue less and that is what this does. Under Florida law, we have to allocate the cost of funding this $20,265,000 to the properties that benefit from the improvements. We cannot allocate that cost on the basis of value like ad valorem property taxes. We propose to issue special assessments under Chapter 170 of the Statutes which then requires that each property is benefitted from the improvements. Let's take a single family home for example. It gets a certain amount of benefit. I have measured and categorized the types of improvements into three categories. Roadways and everything associated with roadway, drainage and landscaping and everything associated with that group of improvements and utilities. That categorizes 100% of all the improvements. I have measured the improvements to that single family lot, first the roadway improvements based on traffic generation. We found that to be a very fair way. In fact the roadways were designed to accommodate the traffic. Each type of property has a trip generation rate as measured by the Institute of Traffic Engineers. A single family home is 9.55 trips 15 II'I_",","~.~__",J!\~'_~~"",,___, ,.~"'__,._,,___~ ~_.__. _ _. ......___ __.~._ ........__,"""''"'''''''''''' October 21, 1996 16G 3: per day on the average. Multi-family homes are 6.58 trips per day. Different kinds of property have different kinds of trip rates. If we add up all the trips that are planned based on the land use plan for all the property, we can divide the benefits of the roadway costs to the individual properties on a percentage basis. Similarly for all of the drainage improvements. We created a standard drainage unit based on a single family home. What happens is that the drainage and landscape improvements are dependent upon the density and intensity of development. Each acre gets an assignment based on density and intensity and then that acre's assignment of debt is divided by the number of units so we can get it on each tax J.D. number. That is what I did for the drainage and related improvements. In a similar fashion we created a standard unit for utilities because different size units and different types of units have somewhat different requirements for water and sewer. That is basically what this report does. To stand back from it, we start out on an acreage basis, as plats come in, then an assignment of debt will be made to those individual plats once we know what the land use really is on each plat. That is the essence of what you have here. It is more of a process, a road map by which different amounts of debt can be assigned to each plat in a way that is very acceptable and very reasonable and reasonable to administer. It is also very flexible because we know that land use plans can ~hange. In this District, because so much of the improvements have already occurred in time, that is probably less likely, but still there could be some changes. The methodology is flexible in that regard. One final point is that we want to be sure that as each plat comes in, that enough debt is assigned to that plat so debt is not building up on the balance of the unplatted property. What we do to assure that is we have a test. We say if the amount of debt first issued divided by the numbers of acres is $100 per acre then every time a plat comes in we will assign some debt to the new plat, there is some debt left over that gets assigned to the balance of the property. That cannot exceed $100 per acre. That is the essence of the methodology. It is a great improvement over what we did a number of years ago because we have a lot more flexibility now. Mr. Comeau stated the methodology I agree with. Going through your document, the Series A bonds and Series B bonds is supposed to be in one bond issue and not a breakdown so that at the time of closure of each unit, that they do their actual paydown contribution. This analysis represents an annual assessment that would be assessed to the homeowners above and beyond their paydown. The only annual assessment these bonds will have will be for operation 16 ~~'.:.:</:.~ ~< >,:'. .'i .\,' ,"<. :" >:.::~.-<~<~ :..... ....:.~. . I....: -.':. ',' :,. ' ........ ".~ '. '. ':': ..:,:', ..: :' .. ;:;. .', '.:., r>:':' ': . -.' ',:' :: "'~' October 21,1996 16G 3 and maintenance operations and any associat.ed attributes for roadway related improvements, except for the reserve funds that would be required for maintenance which would be annually. Everything else will be combined in assessments. As the Board reviews this, tAke note that it is U.S. Horne's intent that both Series A and Series B bonds will be combined for one assessment so that the actual capital contribution for each homeowner will be paid ofT at the time of closing, Every unit we close, we will pay ofT, the capital out of proceeds will payoff the contributions. This assessment methodology does not reflect that. Dr. Fishkind stated that is correct. What we want to do is allow the landowner, U.S. Home, to payoff as much or as little. I don't think we want to bind you as a legal requirement, rather let U.S. Homes do that. You llre right, that is your intent and I did understand that. Mr. Comeau stated that is not only our intent, that is our representation to our buyers. Dr. Fishkind stated you can certainly do that. The distinction I want to make is that you can make those representations and do that but there are some legal issues involved with this Board requiring you to do that. I suggest we might not want to require that of the landowner. Mr. Comeau stated as far as the resolution for adoption of setting up the special assessments based on adoption of your rule based on the methodology that you have laid out, that turns out to be the same amount. What they will do is this analysis will reflect that the Series A and B will be combined. Based on Dr. Fishkind's review, his operation will have to go back and resubmit to the Board. Dr. Fishkind stated we can do that or what I might suggest is let us do that at your next upcoming meeting at the equalization portion because the subdivision of debt and the issue of how much is paid down or not, this is an example, a process. You are not adopting X amount of dollars. Mr. Comeau stated today we are adopting the methodology. Dr. Fishkind stated that you are adopting $36,330.23 per acre. Mr, Comeau stated we are doing the methodology and the total acreage allocations and then subsequent we will get more detail. Dr. Fishkind stated yes, at each plat. \Vhat this does, and I will correct the paydown amount, I did not mean for that to be confusing, but what you are adopting is $36,330.23 per acre. We go on an acreage basis first and it allows you to issue up to $20,265,000 worth of bonds. What it says is as you come in with your plat, you will divide that based on roadways, drainage and utilities. However 17 ~~---_. r-'- --- -- -.- --- -- ... -- October 21, 1996 16G 3 much is paid down is completely up to the landowners. When we have the next meeting, I will have a document that will better reflect that. Mr. Agnelli stated I wanted to be clear on what I think you are saying but this $36,330.23 times the 557 acres gives you your $20 million. Is that correct? Dr. Fishkind responded yes. Mr. Agnelli asked what do you do when you are doing your dividing when you have a conservation area? Dr. Fishkind responded as each plat comes in, and hopefully the first plat is not going to be the conservation area, it will be a plat of developable property and then we will look at the amount of debt that the developable property gets based on the benefit methodology that I described and then we will have a balance of debt remaining. What is not included we will divide that by the total acres left. I think where you are headed is could we not deduct the conservation areas and other non assessable areas now. We don't have a final survey of those so these are my best estimates. I am reluctant to do that. I think we are on safer ground on a gross acreage basis. Mr. Agnelli asked is the golf course going to be paying? Mr. Comeau responded the golf course is not part of this. The golf course costs have been removed from the assessments. It is really just the infrastructure, water, sewer, roads, drainage, lakes, etc. Mr. Agnelli asked unless you are going to come up with language that will nail it down, based on your conversation with Mr. Comeau a minute ago, what are the annual assessments, can they be calculated for the B bonds? Dr. Fishkind respor;ded yes. The developer has represented that they are going to payoff 100% of the debt so there would not be any debt remaining on the property at all. In this first bond issue, it is sized on the order of $4 or $5 million. If it is $5 million, the annual debt service payments will be about $500,000 per year. That is about $1,000 per acre. As soon as we have the final sizing for this first issue, we will bring that hack to the Board. Mr. Comeau stated there is going to be one issuance. About 1.5 million is already in the ground in infrastructure. I want to make sure we don't get off course. The foundation is excellent but we are looking at one issuance. We are looking to close at the end of this year. The methodology that Dr. Fishkind has laid out because of the on going development of the site and the platting process makes sense, and at the next meeting he will clarify it. As far as adoption of a 18 ),~/:,\!t;';:"}3\~:,;\i\~ ::.11,,':Y><:'. :/~':'.~:'.'_:, ":,-';',:" . ,J ~:', :::'_:~' ;:"; > ',~\/ ',l , ': -':": : ::f::) :', - October 21, 1996 16G 3 resolution of your methodology, your preliminary role to set a public hearing that is fine as long as next time we can re-assess. Mr. Sealy stated I think the structure that we are contemplating using as of today is that the bond issue will have about a four year ??? maturity. It will be a balloon maturity so there will not be stated amortization payments. Every time a lot is sold, we will take those monies and put them into a prepayment account and then every six months, a like amount of bonds will be redeemed so there won't be any stated amortization so we really don't have a sinking fund scheduled. On MOTION by Mr. Comeau seconded by Mr. Miller with all in favor Resolution 97-13 declaring special assessments, authorizing the preparation of the preliminary assessment rolls and providing for a public hearin~ was adopted. SIXfEENTH ORDER OF BUSINESS Consideration of Resolution 97-14 Setting a Public Hearing for the Purpose of Hearing Public Comment on Imposing Special Assessments on Certain Property Within the District Cknerally Described as Naples Heritage Community Development District in Accordance with Chapters 170, 197 and 190, Florida Statutes Mr. Ward stated the recommended date for this public hearing is November 18, 1996 at 10:30 A.M. at the offices of Young, Van Assenderp & Varnadoe. Mr. Miller asked is there a necessity for this Board to meet on that date? Mr. Ward responded yes, because that will be the public hearing date at which you actually adopt your special assessments. Mr. Miller stated I have a problem with that date. I will be out of town. That particular date is the date I return. Mr. Ward stated you can move the date but there is still four of you. Mr. Comeau asked is that date okay with the rest of the Board? The Board responded yes. On MOTION by Mr. Comeau seconded by Mr. Stanley wi.th all in favor Resolution 97-14 setting a public hearing for the purpose of hearing public comment on imposing special assessments on certain property within the District was adopted. 19 :~~F.;H~.~t;\2{}~ > .:'~,_::).':>~\ :;'~ 'i,. ~l'..':~: .;<:~~.~ :;(.<.-:; ~ ""/':' -,:,'< - ,;':: ".' '; I, .:/.\ . :'.~: ,::-",. "r :".:i,:~:. :r..- /':::'\ - -..-....- October 21, 1996 166 3 SEVENTEENTH ORDER OF BUSINESS Manager's Report EIGIITEENTII ORDER OF BUSINESS Engineer's Report NINETEENm ORDER OF BUSINESS Attorney's Report Mr. Ward stated items 17, 18 and 19 are standard items that you will see on all of your agendas. I don't have anything in addition to what is on your agenda. Item 18 is your engineer's report. Once we get to the point of actually having an engineer on staff pursuant to the CCNA process, we will get a monthly report. Mr. Anderson st.ated I have prepared the ordinance for Collier County to adopt to grant you the additional powers that were earlier discussed. Mr. Comeau stated McAnly did produce an interim engineer report if you would like to distribute it. Mr. MeAnly stated it is a status report for the supervisors. Mr. Comeau stated I will distribute it for the Board's review. Mr. McAnly stated this is to acquaint the supervisors with what the status is at this point and time. Also with that is a map to show you the layout. Mr. Anderson stated I will schedule that ordinance amendment to grant you the additional powers at the earliest possible time with the County Commission and I will also try to schedule it with the lnterlocal Agreement that is item No. 20 of your agenda, so that they are both heard on the same day. I have nothi ng additional. Mr. Comeau asked do we have to approve the lnterlocal Agreement? Mr. Ward responded yes. We will do that under agenda item No. 21. TWENTIETH ORDER OF BUSINESS Consideration of Interlocal Agreement with Collier County for Utility Services !vlr. 'Ward stated I have enclosed in your agenda package an agreement between the Board of County Commissioners of Collier County and the Naples Heritage C.D.D. relative to the turn-over of utility facilities and the recognition that the Collier County water and sewer District is the utility provider for potable water and wastewater and irrigation services within Collier County. As a condition precedent to the creation of the C.D.D. itself, in the petition, the petitioner, indicated that it would bring this proposed Interlocal Agreement to the Board at its first Board meeting for consideration by you. It is a standard agreement, which all of the C.D.D.s here in Collier County utilize and as I indicated, recognizes the fact that the Collier County water and sewer District is the provider of utility services within Collier County. With that, it is ~ .(.:'-..:..:.<....".::.: :::<.?-:':>",:~./..<:.:. '" ::.~ .'., ;..-;' ',.... .1'1' .:.,> ".::-' October 21, 1996 16G 3 recommended for your consideration and if you have any questions, I will be glad to answer them. Mr. Burns asked isn't this what you have to get them to approve? Mr. Anderson responded yes. On MOTION by Mr. Burns seconded by Mr. Stanley with all in favor the Interlocal Agreement with Collier Count for Utilit Services was a roved. TWENTYFIRSI' ORDER OF BUSINESS Consideration of Acceptance of Phase I Utility and Roadway Infrastructure Improvements and Authorization to Execute Note Purchase Agreement With U.s. Homes for Repayment Mr. Anderson stated I have prepared a draft of the Improvement Acquisition Agreement. The note is not attached nor are some of the other exhibits. A lot of them are legal descriptions, standard forms that the County requires for conveyances that they accept this Agreement. It calls for certification of completion of construction by the engineer before any payment is made. I would ask that you approve this. I have listed as additional parties to this agreement, because they were also parties to the phase 1 plat, Clyde C. Quinby, individually and as Trustee and Naples Heritage Golf and Country Club. Inc. In the final analysis, these two mayor may not end up being parties to this agreement but I added them because they do appear on the plat and they may have some property interest and we may need them to sign some of the conveyance documents. Mr. Comeau stated on the document itself when it comes to Mr. Quinby, the standard language has been adopted. I am also acting as power of attorney for everything that has been platted to date for transfer. Mr. Quinby is an outstanding landowner and a good partner with U.S. Horne yet he does travel a great deal. Consequently, if there is a conveyance with signature block required by Mr. Quinby in reference to conveyance, if you could include me as not only U.S. Home representative but also as Clyde C. Quinby and my name as power of attorney. I have full power of attorney. 21 ..~~......._......_~......RaJft......_~_.~ ~---~-~._._---...........~-_.~....__.._~JI.~ ---fil-'- -- -1l~'.~'A'ftm'"''''- - ..-- October 21, 1996 16G 3 On MOTION by Mr. Agnelli seconded by Mr. Miller with all in favor the Improvement Acquisition Agreement was approved and the Chairman and Secretary were authorized to sign a Note Purchase Agreement with U.S. Homes for re a ent. TWENTYSECOND ORDER OF BUSINESS There not being any, Supervisor's Requests On MOTION by Mr. Burns seconded by Mr. Agnelli with all in favor the meetin ad'ourned at 11:50 A.M.. A/~;" "G ?//-h/t';/ Ja;nes P. Ward secretary {kL Peter Comeau Chairman Z2 , , \ . , , 7 . .',.' ..." . ;' .: \ ... " " . ' I,' \ .' .' '.' : . r , . . ~ . . l6G 3 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICf AGENDA Monday October 21, 1996 10:30 A.M. Executive Dining Room, First Union National Bank 5801 Pelican Bay Boulevard Naples, Florida 1. Call to Order 2. Oath of Office for Newly Elected Supervisors GENERAL DISTRICf ITEMS 3. Overview of District Responsibilities and Purpose A. Introduction B. Review of Statutory Requirements C. Audience Comments ORGANIZATIONAL MA TI'ERS 4. Election of Officers A. Chairman (Resolution 97-1) B. Vice Chairman (Resolution 97-2) C. Secretary (Resolution 97-3) D. Treasurer (Resolution 97-4) E. Assistant Secretary(s) (Resolution 97-5) 5. Appointment of District Manager and Certain Support Personnel - Contract for Services (Resolution 97-6) 6. Appointment of District Legal Counsel (Resolution 97-7) 7. Selection of District Agent and Registered Office (Resolution 97-8) ~ ".i' ':'".:~: .: ..' ';' - ..;;. l~'_.:. . ., ; .': w, '~'.;.~, ;,,): ::.:~<~. ,..,/" \ . . '. '. ~ .. ~'!3'i' i : } ;'i-:. i ,': r',V~ :i.t :.' \ " ~ "I ',. '\" ";':.' ~, l' " " " " ' ~ " ", 16G 3 l\nNUTES OF !\1.Kt;I'.lN'G NAPLES HElUTAGE COMMUNITY DEVELOPMENT DISTRICT '," " , ~. ,,1., .~ ~~~ ~~~~~~. i:~ The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held on Monday, January 13, 1997 at 10:30 A.M. at Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. ~ ~ '.~ <. ..... .(.:.~.:, JL;:}{ ~i'.';::}r ~~.~: {;~.); .... '," ,.'~ :.:./}~t':' ',r~ .\. ~:...~ .'~~ '.~~ " . ';: Y.~~'. '::.'.' ;;'. ~{'r,~{ 1.~~1 ~ '.' " ':; .:."; ~ ',::~.~ :;.\~J:, J ",.;...' '): :'l \j~l~t~ i;':~\~1{ :. j. '~'~"'t'n: !:. ..' OJ 'I'",l :~_.g._J.<- 'i';,~.,' ; , ~~ ,:'.. >j :','~.<' :" : I",: ~~. '.~ . ",.t' ,:' ,'r~ \:::rJ ~~. ~;..~.) \'~.~! Present and constituting a quorum were: Peter Comeau Alan Burns John J. Agnelli Raymond Miller Chairman Vice Chairman Supervisor Supervisor Also present were: James P. Ward Bruce Anderson Bill MeAnly District Staff Attorney Engineer FIRST ORDER OF BUSINESS Roll Call Mr. Ward called the meeting to order at 10:30 A.M. and stated that all Supervisors are present with the exception of Mr. Stanley who was absent at roll call. Mr. Anderson stated Mr. Stanl~y called me this morning and said he would be unable to attend this morning. SECOND ORDER OF BUSINESS Oath of Office for John Agnelli Mr. Ward stated Item #2 on your agenda is the Oath of Office for Mr. Agnelli who was elected at the December 9th meeting to serve until December of 1998. I have given Mr. Agnelli a copy of the Oath of Office. Being a Notary of the State of Florida I am authorized to administer this oath. Please repeat after me: I am a resident of the State of Florida and citizen of the United States of America and being a Supervisor of the Naples Heritage Community Development District and a recipient of public funds on behalf of the District do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Naples Heritage Community Development District, Collier County, Florida. The record will reflect that Mr. , - ~ /.' '.': 'r, I ~":< ,-. ~ ~;~.:;:; :.'.:~ ::~-r~~i: >',,':~ ) ";?:,~\.: :.1 ~'t'; 'l: t~~~;. ':~ :..;~:.t'. ~,-;, .~~.' ~).,~:''''. ,l ..~"" \"~' : ~-~: ~'. .r~. \"l ~.:~. .. '~, . ~ '. "\..', j '1.. ,,: " January 13, 1997 16G 3 Agnelli has signed the original Oath and returned it to me to be made a part of the record. TIllRD ORDER OF BUSINESS Public Hearing on the Adoption of the Budget for I;'iscal Year 1996197 Mr. Ward stated Item #3 on your agenda is a public hearing to consider the adoption of your Budget for the Fiscal Year 1996/97 which covers the period October 1, 1996 through September 30, 1997. Generally speaking, this Budget would normally be adopted prior to the end of the District's Fiscal Year, however, with the creation date of this District falling essentially at the beginning of our Fiscal Year, the Board must go through the process to adopt it, in any event, subject to the fact that we are in the middle of this Fiscal Year. The Budget that you have before you covers the services required to operate the District on a daily basis through the end of Fiscal Year 1997. It is covered by an Agreement that the Board has previously authorized to be executed between U.S. Home and the District to cover these fees and services. If you have any specific questions relative to the Budget, I will be glad to answer them for you, otherwise, this is a public hearing and at some point, it would be appropriate to open it to the public for any comments or testimony that they may have. Mr. Comeau stated as a duly advertised public hearing, I do so open the meeting. Mr . Ward asked are there any questions from the public? Mr. Miller asked are the C.D.D.'s required to have an annual audit? Mr. Ward replied yes, to the extent that they spend more than $50,000.00 in anyone fiscal year, that is a requirement of state law. Mr. Comeau asked who is the audit finn? Mr. Ward replied we have not picked one for this District as yet. Mr. Agnelli asked what does the insurance cover? Mr. Ward replied Directors' and Officers' Liability and General Liability of the District. Mr. Agnelli asked what is the amount for Directors' and Officers' Liability? Mr. Ward replied I believe we have million dollar liability limits on this particuh:r District. The Sovereign Immunity Statute of the State limits your liability to $300,000/$500,000 unless there has been a federal statute that has been violated which, in your instance, the probability of that occurring is very low. Generally that occurs in Hospital Districts or the Sheriffs Office when someone is 2 ,y:------....... -- ---.....----, ...................T-'..._........_""',.-.. ~..._r___...'..__._w_~ ~-. ~ .......--____..._.....~--.n~_~._~ ~~ ~m.............~.,..... January 13, 1997 16G 3' injured or killed or something of that nature happens. These policies are generally placed through the Florida League of Cities which covers many governments throughout the state. It is a self insurance pool and I believe we carry million dollar limits on both your General Liability and your Directors' and Officers' Liability. I will check that to make sure. Mr. Comeau asked is that insurance in place? Mr. Ward replied it has been in place since the beginning of October. Are there any other questions from the Board? Hearing none Mr. Chairman, n motion to close your public hearing would be in order. On MOTION by Mr. Agnelli seconded by Mr. Comeau wi th all in favor the Public Hearin was closed. Mr. Ward stated the second motion would be a motion to adopt Resolution 97-19 which by title is: A RESOLUTION ADOPTING THE FINAL BUDGET OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 1996-97 On MOTION by Mr. Agnelli seconded by Mr. Burns with all in favor Resolution 97-19 was ado ted. FOURI1I ORDER OF BUSINESS Approval of the Minutes of the November 25, and December 9, 1996 Meetings Mr. Ward stated you have previously received a copy of the minutes of the November 25th and December 9th meetings. If there are any corrections, additions or deletions, it would be appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. Mr. Comeau stated on page 4 of the November 25th minutes, you have $60,425,000 on top and it should be $16,425,000. Mr. Ward stated Mr. Anderson provided me with a Resolution number on the December 9th minutes. On page 19, it should be Resolution 97-15. That is in t.he motion by Mr. Comeau and Mr. Stanley. Mr. Comeau stated also in that second set of minutes, on page 6, my first comment, it reads, "Mr. Comeau stated or we can". "Or" should be deleted. Mr. Ward asked are there any other changes from the Board? 3 January 13, 1997 16G 3 Mr. Miller stated I don't have any change but the 97- on the numbering system, and maybe this question was asked before, but that doesn't have anything to do with the calendar does it? Mr. Ward replied that has to do with the Fiscal Year so in 1996, from October 1 of 1996 to December 31st which is in your Fiscal Year 1997, everything will be numbered 97- and the appropriate number. Is there anything else from the Board? You can do it in two separate motions or one at your pleasure so a motion to adopt those minutes subject to those changes would be in order. On MOTION by Mr. Comeau seconded by Mr. Agnelli with all in favor the Minutes of the November 25, and December 9, 1996 Meetings were approved with the chan es noted. FIF"1lI ORDER OF BUSINESS Staft'Reports A. Attomey Mr. Anderson stated I have two items to report on. Number one, I understand that the Phase lA infrastructure work is nearing completion, is that correct? Mr. Comeau replied Phase lA has been completed and has been accepted by the County. Phase IB which just needed the paving will be completed within the next two to three weeks. Upon such, the Board will be transferring the water and sewer and various components to the County and the documents are being prepared to do so. Following with that, we are also in a position to proceed the first of February with the balance of all of Phase 2 of the project which is the balance of the infrastructure. Mr. Anderson asked when will we be needing to make any conveyances to the County for Phase 2? Mr. Comeau replied for Phase 2, it appears that it won't be until almost May. Mr. Anderson stated the only urgency is Phase IB. Mr. Comeau stated Phase IB is the only thing that is of importance that we would like to get to the Board the first Tuesday if not the second Tuesday in February for that conveyance to occur. All of the water and sewer lines have been tested. In all of Phase I, there are four lift stations upon which three have to be activated for operations. Two of them have already been accepted by the County; the third one, which is Lift Station 4, is in the process. It has been tested and we 4 ~ '. 1 ." . (. ~ I.' . '." . ~ ~ ,', I '. '. ' .. ,""', ,,'. .,. ..., ". January 13, 1997 16G 3 are in the process of preparing all of the documents for transfer to the County. Please be kind enough to work with the District Engineer to bring those issues to completion. Gina Greene with MeAnly, the Engineer, is preparing the legal defcriptions for you. For U.S. Home, Mr. Cushner is preparing the opinions for water and sewer and he should have those to you by Wednesday together with the other conveyance documents. Mr. Anderson stated we would need to have the Board vote to authorize the acceptance of the Phase 1B infrastructure on submittal of proper legal documen ta tion. Mr. Comeau stated the Board has already accepted all of Phase 1. All of Phase 1 has been accepted and at such time of completion of Phase lB the Chairman was authorized to executed the appNpriate documents for transfer to the County, so all of Phase lA and of Phase lB has been accepted by the District. Mr. Anderson asked what is Mr. Cushner preparing legal descriptions for? Mr. Comeau replied for follow-up as the County wanted a separate set prepared for Phase 1B. It is not a requirement of the District but a requirement of the County for clarification. Mr. Anderson stated we can operate under our prior authorization to make the conveyance to the County. Mr. Comeau stated that is correct. Mr. Anderson stated the second item is in connection with the amendment of Resolution 97-15 that imposed the Special Assessments, the minutes from our December 9th meeting reflect that we need to formally amend that, publicly notice it, including notice to landowners, and make those amendments which were requested by Bond Counsel. Mr. Comeau asked are we talking about that one paragraph that they want to have added? Mr.. Anderson replied yes one or two paragraphs. Mr. Comeau asked are there any comments? Mr. Ward replied I have no comments on that issue. Mr. Comeau stated I thought when we went through that that since it was already a duly advertised meeting, that wculd suffice but those two paragraphs have to be re-noticed? Mr. Anderson replied yes they do. Mr. Comeau stated you would need a motion in order to do so? 5 : ';. i.;('. ~~~: ,.:. ~';' . ::':.:~' ~. 't ".t<~ ::', \~ :-' ~. 't > ~'.~ '~"~~l " ~~ ", ~'\::' ~ .~., : ~ . : '. ~. .~' '.': r I:: ... ,\ ~~ ',:' :,. '. :. :It ,,~ :' .'" '. t:: ~:'. 'J~:':' , . . , . .. ". ". '.' .: '. "'\.,,~, ; '.' .' \ . :. ~. '.' .: : ' ,;::. .. ".... ; I ... .I , :'.... , , ~:, . . '. . . .' January 13, 1997 16G 3 Mr. Anderson answered yes a motion to authorize us to readvertise for those necessary amendments. On MOTION by Mr. Comeau seconded by Mr. Burns with all in favor Staff was directed to advertise for the necessa amendments to Resolution 97-15. Mr. Anderson asked is our next meeting scheduled for the 27th of this month or is the next one in February? Mr. Comeau replied it is my understanding that the next one will be in February. Mr. Ward stated I don't have the schedule with me but I believe Mr. Comeau is correct. Mr. Comeau stated I don't see that it is necessary to have a meeting for the 27th. Mr. Anderson stated I did have a January 27th date and didn't know if, in fact, the meeting would be held on that date. Mr. Ward stated with the Board's concurrence, we will cancel the January 27th date and hold the next meeting on February 24th at 10:30. B. Engineer Mr. MeAnly stated I do not have anything to report. Mr. Comeau stated the only thing I do have for the Engineer's component is that the last time we met and selected MeAnly's firm, you were going to proceed to negotiate a contract. Has that contract been negotiated to bring back to the Board for approval? Mr. Ward asked have we sent you a draft contract? Mr. MeAnly stated I talked to Randy White but I haven't received one. Mr. Ward stated I will get it done tomorrow. Mr. Comeau stated please be kind enough to bring it to the Board for the next meeting so that we can bring that matter to a close. C. Manager There not being any, the next item followed. SIXTH ORDER OF BUSINESS Supervisors Requests and Audience Comments Mr. Ward asked is there anything from the Supervisors? 6 ____.I___'-_.J!I94._"~ ..~""'__..___._ . ":.' 1 ~, ",'. J"'~" ." " ~'" .'...., ,,' ~. ___ .._aIIaII~. v'--- - .- -- January 13, 1997 loG 3 Mr. Comeau stated it was mentioned that we have been going forward and producing a great deal of Resolutions and documents that have been executed and the Board wanted a set of executed Resolutions. I wouldn't mind having a set for myself if you could put together those sets of all of the things that have been approved in final format and executed. Mr. Anderson stated I would likewise appreciate a set. Mr. Comeau stated please also follow up with Bond Counsel. Upon adoption of the bond, they were going to put together a complete set of the documents. Mr. Ward stated I talked with Mr. Tyler the other day about that issue and the Board will get one of those complete sets. Is there anything else? Are there any audience comments? Hearing none, we will move to Item 7 on the agenda. SEVENTH ORDER OF BUSINESS Consideration cfFunding Request No. 3 On MOTION by Mr. Agnelli seconded by Mr. Burns with all in favor Fundin Re uest No.3 was a roved. Mr. Ward stated we will correct the name of the company on the Funding Request to U.S. Home Corporation. If there is nothing further from the Board, a motion to adjourn would be in order. On MOTION by Mr. Miller seconded by Mr. Agnelli with all in favor the meetin was ad'ourned at 11:00 A.M. k/','./~ ~ '( ~ (;/,,/ J~mes P. Ward -Secretary Peter Comeau Chairman 7 . ~~"l . ~. ~ ~ ..:' . . . .' '. .' l. " '" ~ . . .. f ' t l " I. . ..' . ... ".' .. ~ '. " . . .. " .... - 166 3 AGENDA NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRlCT Monday January 13, 1997 10:30 A.M. Young. Van Assenderp & Varnadoe 801 Laurel Oak Drive Suite 300 Naples. Florida 1. Roll Call 2. Oath of Office for John Agnelli 3. Public Hearing on the Adoption of the Budget for Fiscal Year 1996/97 4. Approval of the Minutes oCthe November 25, and December 9,1996 Meetings 5. S ta.ff Reports A. Attorney B. Engineer C. Manger 6. Supervisors Requests and Audience Comments 7. Consideration oCFunding Request No.3 8. Adjournment " ':~:' ".',' :". ." .' . . . . . ,. .... . . . , " It.... . . . .. ,. I' . . . . "I . . . . ~ ~ ~," \ ' . '. -" , ' ", ... . . .... . 11 . " . . . , ..'. \ . ':. .' .... .....:.: . ~ . :...... . .. . . \. : . . ~.."""", ., . . . '. . I I . ' . . . Haples Oaily H~s Naples, FL 33940 Affidavit of Publication NAPLES HER lTAGE COtlM'JN lTY DEVELOPMENT DISTRICT 10300 N~ 11TH HANOR CORAL SPRINGS FL 33071 REFERENCE: 052512 57414886 NOTICE OF PU8LIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Hina Iverson, who on oa'th says that she serves a. the AHaUnt Secretary of the Haplu Daily Hews, a deily newspaper published at Haples, in Collier County, Florida: that the attached copy of advertising wes ~blished in said newspaper on dates listed. Affiant further says that the said Haples Oaily News is a newspaper published at Haples, in said Collier County, Florida, and that the .aid newspaper has heretofore been continuou.ly published in said Collier County, Florida, each day and has been entered as second class ..il aatter at the post office in Naples, In .aid Collier County, Florida, for a period of 1 y.ar ne~t preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor pro.hed any person, fir. or coporation any discount, rebate, co..ission or refund for the purpose of securing this advertisement for publicltlon in the said newspaper. PUBLISHED ON: 12/27 01/03 AD SPACE: 6.500 INCH FILED ON: 01/03/97 --------------------------------------------------+------ flt---?t.d) ~LtlP/2 -1..d7f- Signature of Affiant Sworn to and Subscribed before .. this.~ day Ofr~ Personally knovn by me . \(((.(((~ !.l ":) P~);'7~" } 16G 3 NonCE OF PUBLIC HEARING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The Bocrd ot Superibon ot the N<lI:lI~ Herltooe CCllT\mu.11ty OI!velopment DIS1r1d will hold Q public on Iv.ondoV Jonua'Y 13, 1997 at 10'.30 A.M. at the ottlCe1 of YOUI19, Van Assenderll &. V~ 101 LOInl Od\ DrIve, SuHe 300. ~les, Fkilclo ~1011 tor the pu"pOse of heorlno commtnts cn<I obIecttons on the ocIoIlllon of tile budoe1(sl 10/' tile Oll<<atIon and maintenance of DIs. trlct lacllitles for Fiscal Yea' 1997. In oddI. Ilon tile Iloard will htor publlc comment and obItdtons relollve to the Ievv of a non ad voklr~m assessment ptnuOnt to FlorIcIo Law for the p\lO)l)St ot operatlno. malnroln- lno and poy1no prlncJpol, Intemt and other rekt.ed fInonclll9 expenses of the Olstrld. The District mat also fvnd vorlous tacllt11es thrOllQh the col1ectlon of certain rates, 1m OIId chcrllfS wtllch en Idtnttfted within tile budgel1s). II CorrY of the budge1ts) mat be obtolNd at the otnce1 of the Dlslrlct Attor. ney, Yauno, Van A$senderll & Vcrnocloe, P.A.. 101 LClIf'el Oak Drive, Suite 300, Naples, Florld:I J.C101 CI' at the afflce of tile Monoger, 10300 N. W. 11 MaI<<, Caral Spr\nos, Florida, d\J'1no normal buslnm hours. The Board will also consider OIlY other buSiness wtllch mat properly CDme belO/'t It. There may be occasions when one CI' mort Supervisors ~III portlclpate by tele- phone. At the above location tllere win be present a speoker telephone so that onv in- terested penon COlI attend the meellno at the abOve location and be tully infO/'med 01 the dlscussklns tokl~ place either in per. son 0/' by telephone communication. . ArlY person rf<l\k1nQ special accom- modation at this meetino because of Q dis- ability 0/' physical Impalrement should c0n- tact the Dis1rlct Ottlce at (9~) 753-4310 at leost five calendar days prior to the meetino. Each person who decides to QllIltOI O/'I'f dedslon mode by the Iloard with re- sped to OIly molter considered at tile meetlno Is advised that person win need Q record olille proceedlnos and that ac. CCI'lllnoly, the person mat need to en- sure that a ver1:lallm rfCCI'd of tile pro- ceedlnos Is mode, Includlno iIIe ttslImo- ny and evidence upon which such CQ- peoIls to be baSed. Gory L Mover Mc:In0ger December 77, JOI'lUOr'I' 3 No. mm A:'';;.:::';;'' .......h A. f1anj . .~~..,~\ ~""" gin h ;oJ MY ':OU.oSSlOO I CC5Oll787 EXPmE~ '~:~..........~: Fec~ 19. 2000 ... ....~..:~,... IIOllCED fl.ftJ TllD'I fAlll ~,1lIC. :...._-~:..._. ".',.-.,J t'. .' ~''','' ,', .' ,:.. - , ;.'1". .,~. 16G 3 Oath of Office I, John Agnelli, a resident of the State of Florida and citizen of the United S~~tes of America, and being a Supervisor of the Naples Heritage Community Dev~l,")pment District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Naples Heritage Community Development District, Collier County, Florida. '~v-'U ~ (i John Date :..'.;:..~;.::> ,1,/ :.'.':.":,.~...::,,:,,..::~.,::~~..~..:.;<,.:,!.:..~..: ,:'< >: ;.~'.::":' ", . "~: ~:.I,:.;..,;..,:: . ';",; ":~ ...~ ''7",.:',' ~.f.:,.. "'~'>' :;::':"':":'""".:... !:,: ::,~~~:; .::, ....:., .. ....',.::.:. .' " ,:,,:::.; ". "::', '" : :'" !'.., '. ~ \ .'::". .... RESOLurION 97-19 166 3 A RESOLUI'lON ADOPTING THE FINAL BUDGET OF THE Naples Heritage COMMUNITY DEVELOPMENT DISrRICT :FOR FISCAL YEAR 1996-97 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed General Fund Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 13th day of January, 1997, at which members of the general public were accorded the opportunity to fipeak prior to the adoption of the final budget; NOW, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF TIlE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT; 1. The General Fund Budget heretofore submitted to and approved by the Board is hereby adopted as the final General Fund Budget of the District for Fiscal Year 1996-97. 2. A verified copy of said final General Fund Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 13th day of January, 1997. Peter Comeau Chairman I, ,1- ,';..., J. ' ". /' I /. ~ '" ,': ,," James P. 'Yard .I Secretary mtVIIP.JIPIr~.__~~~lII ~.........._.._"'.....-.__~__"""'.. ._~._, - ~.. - ',\,.::'.'.;...,~.. j-,~..~~::f<.::, . .. :.14,..:,:'.'!,.,4..,'.. . "~I" " ". f', . l' 'I . - 9{ppCe.s 9feritage Community Development District 16G 3 Budget. General Fund Fiscal Year 1997 Revenue: Developer Contribution $101,475 Total Revenue: $101,475 Appropriations: Prof~onal Fles: Board of Supervisor's Fees Engineering Legal Audit Arbitrage Rebate Calculations (N/ A FY 1997) Management Trustee (N/ A FY 1997) $12,000 $15,000 $20,000 $S,sOO SO $34,000 $0 $86,500 Sub-total: Administrative Fees: Telephone Postage & Reproduction Rentals & Leases Office Expenses & Supplies Computer Services Insurance Legal Advertising Subscriptions & Memberships Contingencies $SOO S600 $2,400 $600 $6,000 $2,000 $1,s00 $115 $1,200 $14.975 Sub-total: Other Fus and Charges: Property Appraiser Tax Collector Revenue Reserve Not Applicable for FY 1997 Sub-total: SO Total Appropriations: $101.475 :.~~'''::: .:.t.:,t'/:'~:'.;'~'~".':'i,;.~''. .:.~:.".',".:: '>." "'~.~ ~~. ::~.~,:...', '..., . . :, '. ',:' '~l.."'..._ Naples Heritage Community Development District January 06. 1997 loG 3 U,S, Homes 10491 Six Mlle Cypress Parkway F't. Myers. n 33912 Attention: Subject: Peter Comeau Naples Heritago Community Development District Fund Roquest Dear Mr, Comeau. The current funding requirement for the Naples Heritage Community Development Dlstrtct Is necessary to pay the follOwing. Pay Request 13 FcdeJ; Invoice #4-011-47015 Garr..~M.QnI January '97 Management f.'ees youni!, van Ass~ndero &: Varnadoe, P.A. 11/96 Representation U.S. Poatal Service Malting MeAnly Enltineerin~ Invoice It 11384 Invoice # 11485 Board of SUl)ervisors 12/9 Meeting Comeau, Bums, Stanley. Miller 4 @ $200,00 $31.00 $2,833.33 $2,940.60 $3.30 $2.068,80 $4.662.58 $800.00 Total Request: $13,339.61 Accordingly. it would be appropr1a~e for U.S. Homes Gulf Coast Inc. to fund these Items at your earliest convenience. Thank you for your attention to this matter and If YOll ha....e any questions, please let me know. In the meantime. I remain, Naples Heritage CDD c/o Randy White 10300 N.W. 11th Manor Coral Springs, F'l. 33071 Yours sincerely, Randy White Director of Accounting ~:",,:,:< :"~"'-">:.','.:,~,,~:;':,'..":"<:L>:: ,~":,>.,, "~ ',';, ': ,'....:.,;:..'., ",,'....5~-~~, " ", ::',: : '..:':' ';~,./~;:-::~,'~'.:::,~~;'..;~~.;I,:,""~~::\ ': i.' :':>: ',":, ,:<,;.~,';;',' ,:,":, <'. ,': ::': ' ',~: ',,' , '" " ',": , 166 3 He"ltag~ens Community tte@tP istrict ~PR , G 1997 . January 28, 1997 80ard of County Commissioners Transmitted via Federal Express 212 1~56 512 Collier County Clerk's Office Collier County Governmental Center 3301 E. Tamiami Trail Naples, Florida 34112 Attention: Mr. Dwight E, Brock, Clerk of Circuit Court Subject: Heritage Greens Community Development District Proposed Operating Budget - Fiscal Year 1997 Dear Mr. Brock: In accordance with Chapter 190,008 (2) (b) of the Florida Statutes, the District is required to submit to the local governing authorities having jurisdiction over the area included in the District, for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year. As such, I am pleased to enclose the District's Proposed Operating Budget for Fiscal Year 1997 for your review and information. If you have any questions, please feel free to contact me directly. Yours sincerely, ~~ .-:...... .,' ~ ~ , ~ ;. HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT " . ) .~ 1/ a /' /.( oJ ? ) {,,~ (('i( ;Jctmes p, Ward Assistant District Manager ." ... ;. r. .' ,~ :"1 ~~:-. ...-' (p JPW / ks Enclosure i,'!i.'~r:, Cnr~~-:~ r:"f.:: -~'2_, _ , /~.~ From the desk oL James P. Ward Assistant District Manager District Offices 10300 N.W. 11th Manor Coral Springs, Florida 33071 Direct Dial No. (954) ~15 Direct Fax No. (954) 345-1292 (: -',,'~ "'p' .. M:, ,.' . ;" t,',' ',', .', :-::' . . . ., I \' ".. ~ " ." ,',. .... 16G 3 Heritage Greens Comm~nity Development District Budget - General Fund Fiscal Year 1997 Revel/lie: $107,350 Total Revenue: $107,350 Developer Cant riblll ion Approy'rill tiOIlS: Professional Fees: Board of Supervisor's Fees Engineering Legal Audit Arbitrage Rebate Calculations (NI A FY 1997) Management Disscminalion Agcnt Fccs Tntstce (NI A FY 1997) Sub-tota 1: $12,000 $20,000 $20,000 $6,500 $0 $28,875 $5,000 '''l $0 . . , , , $92,375 $500 . OJ $600 ..... $2,'100 ,.. ., $600 $6.000 $2.000 $1,500 $175 $1,200 $14.975 A.Jminislralil.t Fet::>: Telephone Postage & Rcprod lit.: I ion Rentals & l.eascs Office Expenses & Supplies -Computer Services I nsu ra nce Legal Advertising Suo$Criptions &. Memberships Contingencies Sub-lolal: Ollla Fct:s IIwl CJltlrgt:s: Property Appriliser TilX Collector Revenuc Reserve Not Applic.1ble.fnr FY 1997 Sub-tot"l: SO Total Appropriations: $107,350 16G 3 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners RECE'VED APR 1 6 1997 FROM: Derek Johnssen, General Accounting Manager t }oard of Count., ':ofi1m~):'1~~,e"s Clerk of the Circuit Court/Finance Department ulr. DATE: April 10, 1997 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8516 with the date and Miscellaneous Correspondence agenda Item number. ~ Greens Community Development District (Jormortv Dove Pointe C.D.D,) Pursuant to Florida Statutes Sec. 189.418, the Heritage Greens Community Development District has submitted the following: 1. Minutes of Meeting held by the Board of Supervisors of Heritage Greens Community Development District and all corresponding material for October 24, 1996, Thank You, n:\spe. :lal\speelal Mi~c Co: f''';: D( ~~..-?:~/Cf1_.. It.:;.,'i /~.~. (,;lJfJ:t.;~ ill: ~, :'~,~~:~)/:~' ',:'<~:~ :',:,:' :,): ,~' '::,o :-:' :,.... ,', ,;, \: . I, :. '" ~; , ..,.~ ".' '.., ': ,,\, : 'J .. /;- ',':' ',;. ~'. ..,' , , " .',' :'~ ,':, ,:,' .': ',; ; ~,' ':' Gary L. Moyer, P.A. Land Dc\.e1opmenl t1 Mill1agenwnt Con~t1ltant January 2, 1997 Memorandum To: Reference: From: 16G 3 10300 Northwest Ele\.~nth Manor Coral Springs. Florida 33071 (954) 753-0380 Ms. Kathryn Hankins County Finance DirectorlDeputy Clerk Collier County Courthouse P.O. Box 413044 Naples, FL 33941-3044 Clerk of the Circuit Court Finance Department c/o Dwight E. Brock 2671 Airport Road. Court Plaza III P.O. Box 413016 Naples. Florida 34112-3016 Mr. W. Neil Dorrill Collier County Manager Governmental Center 3301 East Tamiami Trail N nples, Florida 33962 f\ ~f' ,... ---------y-.~- -- /" '-, Minutes of Meeting held4,.'q~.ob~~ ~~~ .~?96 \ Gary L. Moyer Manager Enclosed for your records are copies of the minutes of the meeting held by the Board of Supervisors of Heritage Greens Community Development District (fonnerly Dove Pointe C.D.D.) as referenced above. GLM/dh enc. \':> -oJ ~- -f1 ~ ~ .- .- . . I ....., en ...' ...., ... ., . · 1 , ~~ ::- .r:- -. , ~- ~_'I:I'I"""""""",--,,- .... 'Jo' , ! '~ .';" ,'f " ..-',;-,., ... '. . ,:.'t .,' ;.' :'~::~'\ :' ',l , " :.. f': ~ .\.:"., '.'" \ .' ;, .r' . ':~' ,:' ;:'~ , ,; ':::: ", ~ ~ " ' ,'1. " . " ". ".. . ',' . " " .I'~' ; l4 ~ . :: ~ . ., \,t ~ ~ , ' .. .' .... " ~ :.: : .\~ ", .,~~-~,,~~ . ' " 1.:'1.:. . ~.. ~. . '~. ~} . <;,.:-~~' " . ,;. ..' ,t.; , ;". . ;' ;~{' i.":"~ .';" '.'t" ~ (,<';.'~"' ,'i, ":,':: '~'j, ;~~~~ e\}{;~ 'J. .4 ... _,', ~.1 ". ,t '; :,<12 ,::>.V: ,-, , , ,,', ......, !,.... ;. '.1 : , .....}.. .' '. ,,-"/' ~; ... ~:; l' :..,' t ., .., '..<: .,'.; ....~. <.~ " > . \ ~', . , ," 'I' . t of" ~," .. ..,,-.I .' ' " ., .: . '" " (,'~ ';"~ . . ...,' ~, I ,..J..._ ~: , ":'".1 ~ ~.~. '. :.:.,Y';.:l. fl..' , .' '.....; , . ,> '! \;... .,:. , : ~. ,...1 ... ''','~ . ~ ~. ,.' .,. , ,; " ',: ',' "t. ... , ~., /., .. '. . . "~" .: ,'''',_.'4 ~~ :', . " .~'~":"~'''~~'':''''''l:j:'j~;-:'''''' ......It~: ~.~l~ .,.. I' '.,:,', " ,.,' . ':-:,: I ;~ '-. ',_ : I i ~ , 'to.> ,":-.... 1 6G 3 I MINUTES OF ~n.NG PORI' OF THE ISLANDS COMMUNITY IMPROVEMENT DISTIUCT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was helcQ:'~;;dai,- ~ctObei_~~~ 1996 at 4:00 P,M. at 25000 Tamiami Trail East. Naples. Florida. Present and constituting a quorum were: Thomas L. Barnard Barry Berger Richard Gatti Bernard \V olsky Chairman Supervisor Supervisor Supervisor Also present were: John Petty Harry Holloman Bruce Anderson Twenty-five Residents District Staff Engineer Attorney FIRSl'ORDEROFB~ Ron Call Mr. Barnard called the meeting to order at 4:00 P.M. and stated the record will reflect that all Supervisors are present. SECONDORDEROFBUSINESS Approval of the Minutes of the September 19, 1996 Meeting Mr. Barnard stated that all Supervisors had received a copy of the September 19, 1996 minutes and requested any corrections, additions or deletions. Mr, Anderson stated there is a typographical error on page four, fourth paragraph should read, "It is not based on registered voters....". Mr, Barnard stated that is what I said. The turnover is based on the number of registered voters. That is what I meant to say. Mr. Anderson stated I thought you meant in reference to acreage. Mr. Barnard stated what I was trying to say is that the voting is controlled by the number of registered voters and when it reaches 250, then the one voter per acre no longer applies. Mr. Holloman asked on page three, is it the State contractor or the State contract? Mr. Petty responded it should be State contractor. . '..., ... '.' :' "",'. "":..' ~ . October 24, 1996 1 6G 3 On MOTION by Mr. Berger seconded by Mr. Wo sky with all in favor the September 19. 1996 minutes were a roved as corrected. 'IlllRD ORDER OF BUSINESS Public Hearing to Consider the Adoption of the Amendment to Chapter II of the Rules of the District Mr. Petty stated I will hand out the Updated Utility Rate Study. It is in general conformance ~ith the book you have previously received and reviewed. We have not reviewed our rates since 1993. We have done so in conformance with this year's budget to make sure that the rates are still applicable. Our operational costs were considered this year; we compared the existing rates and applied them to this year's budget to see if they would cover it. We found them to fall short and that if we wanted to maintain this year's budget, we would have had to increase the user rates by approximately 14% based on the average bill for a single-family user, The inside cover has the graphics showing the breakout of two costs to the District for water and sewer plants and are categorized as Fixed and Variable Costs. The Fixed Costs are all those costs that do not vary with the amounts of water we make; administrative costs, payroll, contractual obligation, the replacement renewal funds, and other costs that do not fluctuate whether we make 1,000 gallons or 100,000 gallons. Those comprise the Capacity Fees or what most of the residents refer to as the monthly minimums. Offsetting revenue to that fee would be any new connection fees that we get from the Phase I single- family area. New connections to the system pay approximately $3,300, and that money goes into the fund and lowers the monthly minimum for everyone. Those costs that the water and sewer facilities have that are considered variable means that they fluctuate up or down according to how many gallons of water we produce and how much the residents use. Those fall into the Commodity Fees which are your cost per 1,000 gallons on your bill. Commodity Fees are offset by any new connection to the system when they pay their meter fees. Stand-by fees are the mirror image of Capacity Fees. They are charged for those lots where services, capacity, and plant sizing is available, but the unit has not been built yet. They pay the same monthly minimum as a homeowner who lives here. 2 ~- ....-. ~ - ~,~'~:~' .\," ...: ,~ '" ~ ~ '.', 'r, , ' .. ~ ": ',: ::::),: !~~ ,... ,,' '" ~ ,.- ',: .-'. ,I .. I , ~ . :". ,,~ .-.:. .- ~, !. ,. '" . ".~ ... ";", .\ 01, ~. ',,":.:" \-.. ... : """"<'~i~'~ .~; >:..~.>., : ';".1 . .' ~/. "-~~'" ., .~." ...' - " . ;.. .4" "<, '. ~'- '.~', )!.".~ .J, ..' .. l .~ ., . .,' " " "'"':"'\f '..';~.\ :',\.\ .-:: " ~, J ~' l" .~ ~.~ ~ r. ,~. ';";~)~,: , >:.~~~: .f '.' :,1 A ~ ':,:j ::.' '.: t '. ,'f" ~~>~;,l~:::1.\ " :."" .t',.~ F".~,~:y ~ .. ~, ~ . C ') , ,. " ',V:~ ,". .- :' .~~:: ;': '..r .....\ . .... ~ / ""'~ ;,' :" ~ .::i .,':~Y~:\ ~"...,. .', ,t:,~', ',:.'\ .' ", , ':-;. , I !~. ,~"/'> , ,:",' ~:-. . " " .~ :" . ~ '.';' '.,',:. ,... ~;~. ,r~. ~~:' ','1"" "'.,", '. , .;',~ ~: J. .,...~.:.)> -- ;...., :;"..,;.." (:,: '. ~: ~ , . ~; 0(' " I . .. ..', ,;; :' ;.;.. -.,--:'t ",\ -, ".' -.' . "': ' '. ." ";',t.,r;:.:.'l,:/,'<':':,',....',~.:;,;;i..'.. ',':': ,'.,' :',' ',:-.' ,.,:.:, '. "., '.."." .'. '. ',1,': t..,' . ':":,.....:,.;: October 24, 1996 1 6G 3 On page one is a brief introduction of the methodology we just discussed. We talk about Connection Fees, Meter Fees, Capacity Stand-by Fees, and Commodity Fees that make up that graphic. In projecting all these costs over a four year window to stabilize any rates that we would adopt, we first start off with the existing program for building in Port of the Islands and the existing units which are illustrated on page three. Single-family represents a single-family home; multi-family represents the condominiums and Evening Star Key; commercial is undeveloped at this time. The hotel, dormitory, restaurant, lounge and marina are all part of the hotel both, north and south. The RV Park is the trailer park on the north side of the property, The common areas represent the areas that the District undertakes for irrigation and landscaping, On page four we take the projected operating costs for fiscal year 1997. This basically writes out the approved budget of the District for Administrative, Personnel, Contractual Services, Operations and Maintenance. We broke it out according to the utility, whether it be Water Plant, Waste Water Plant or irrigation, That is the existing approved budget that went into affect October 1, 1996. On pages five, six and seven there is a four-year breakout of potable water, waste water and irrigation. The costs we currently have in this year's budget are projected over the following four years with the calculated inflation and any growth. After taking all those costs and projections into consideration, we can then calculate the fixed cost, put them under the capacity stand-by fee, divide it by the number of ERCs that the system can serve. and come out with an average monthly capacity/stand-by fee that will support those cost projections. To go over them in comparison, we are looking at the potable water capacity stand-by fee of being $5,53 for all areas except Phase I, single-family. Phase I is Newport Cay and Morning Star Cay. Mr. Barnard stated potable is the same. Mr. Petty stated for potable, but for those areas, Morning Star Cay and Newport Cay are considered to be Phase I. Later on in the capacity stand-by you will see a difference under irrigation. The waste water monthly minimum. or capacity stand-by fee is projected at $8.08 for both phases. Irrigation is projected at $5.21 per month for everyone except Phase I. Phase I is projected at $9.03 per month. A resident asked does that include the common grounds? 3 II'!.-~-~~~-- ..-- ---~-,~-~---~-- -.----.---.-. .- .... .....~-............--..~"~~". ....f... ~ H, I ",:." ."~ ~ ",' " ," \. . :".- . :.' ." ..,' .' " 1 . ' . ;.. , , "".' .'. , 'I ,I, . / . ", . .'" I ' I ~.. I .. ,', lJ ~ ,', ......, '. ~ . .....~' ~'..' :~.I '.., t ....,. . . ':. . ) ',i -. /' I . 'I ... , , . :'.., " . ~ ", 'I October 24, 1996 1 6G 3 I Mr. Petty responded no. On the next page is the Commodity Fees where we do the same calculation with those variable costs to the District. We break that out under the projected number of gallons to be used by the system and we come out with a per thousand gallon charge. One of the reasons the rates went up this year was not because we had any new projects or new costs. but because we have recalculated the flow according to existing conditions. When we did this in 1993 we did not have a lot of data available for the flow pattern of the users of the system. We do now, and we find that the flow pattern to the users are much lower than we anticipated. The design criteria is standard in nature and was required. When we built the facilities that we designed for X number of units per single- family homes, or X number of gallons per single-family homes. we are finding that the usage is mostly seasonal in nature. So the actual water that you use here is considerably less than what we anticipated in 1993. In correcting the number of gallons that we expect the population to use here, with the cost being about the same and the gallons used being less is one of the reasons why the rates went up. Not that we are increasing costs so much but that you are using less water. A resident asked if we use more water we will have less fees to pay? Mr. Petty responded that is somewhat true in this case. Page 10 and 11 show the meter fees and connection fees which are not recommended to be changed from what was adopted in 1993. Those are currently impacts to new users of the system that offset as we showed on the back page of the cover. The rest of the report deals with impact statements to some of the larger users, particularly the hotel and the RV Park. Page 13 is basically a pro-forma that states the new rates if adopted. It shows you the revenue and accumulative amounts the District will receive for each category, whether it be potable. waste water, irrigation and the total. Under total you will see that if you adopt these rates you basically come ahead $9,500 the first year. By the second year you will have a total of about $12,000. and by the third year you start to lose some of the earnings. By the fourth year you will be in the red. The rates are averaged so that over the four ye~r period you break even. The last two pages of the rate study compare our bill to several other utilities in the area and show that the rates we are proposing are still one of the lowest available in southwest Florida. The closest to us is the City of Naples with a program in their ad valorem taxes that includes a utility tax to help cover their operational costs. 4 October 24, 1996 1 6G 3 Mr. Gatti asked do we charge the same amount for each meter regardless of size? Mr. Petty responded no. They are all 5/8 by 3/4 meters which is a standard single-family home. We charge $250 for those. For all larger sizes it is the cost of the meter plus $50. Mr. Gatti asked does a 5/8 meter cost $200? Mr. Petty responded no. The cost of the meter itself is approximately $32.50. The meter fee includes a number of items and estimates the cost of the service which can vary from location to location, if the service is available on the other side of the street or will there be a need to go underneath the road and what type of facility is available to make the connection. That amount includes the average cost it takes to install the meter plus the labor. Mr. Gatti stated unless I misunderstood you, as the meter size goes up the cost of installation goes up proportionately. Does that happen with the cost of the meter the way you described it? Mr. Petty responded yes. A resident stated I am gone during the summer months and upon returning I review the minutes and statements from the cm meetings. We looked to be in good financial shape. Is any of this money available to offset what we are doing? Mr. Bamard responded it looks like we have money and your questions is why are we raising fees. Part of the reason we have money in the \Vater and Sewer Fund is that we have a shortfall in Stand-by Fees in one area. We have one property owner who is $50,000 in arrears and we have filed a lien against the property and are attempting to recover it and $60,000 of that is a loan from another fund within the system. A resident stated I perceived that in the minutes and it looks like we are going to have a 20% increase to help offset what this property owner has not paid. I did note that the Supervisors were instructed to enter judgment suit against the owner of the property which I understand has been done. I also noted that the owner asked the court to dismiss the suit because he had made an arrangement to agree to sign a lien against the property subject to that particular property being sold and out of the proceeds of his sale, when and if the property was sold. that his lien would be paid. I also noted a letter from Mr. Anderson stating that particular discussion with the supervisor was prejudicial to getting a good judgment file through the court. Can you address that? 5 October 24, 1996 1 6G 3 Mr. Anderson responded we got the judgment finalized and we have the lien against the property. The property owner did not raise that as a line of defense. The resident asked then our lien is good and is the best possible lien we can get with the hope of collecting? Mr. Anderson responded yes. The resident stated Phase I is 15 undeveloped lots. Have we been able to collect the stand-by fees in the past or is this going to be a new approach? Have we been billing the owners of the lots that are undeveloped? Mr. Barnard responded yes. Mr. Berger stated on a previous report of receivables on Phase I stand-by, there was a nun tber of them that were delinquent. Have those become current? Mr. Barnard responded the last report I had was that they were being paid. Mr. Petty stated almost all the single-family delinquent owners have come forth and paid their stand-by fees. From month to month we may have some. but not like before where they were six to eight months in arrears. Mr. Gatti stated but we are back up to $60,000. Mr. Barnard stated I picked that number out of the air because that is the one I remember from six months ago. Mr. Gatti stated the one I remember was $29,000. Mr. Petty stated that was extra money that was transferred as well. The $26,000 or $27,000 was excess income from the Tax Collector's office. The resident stated the other question I have in looking for other sources of income is $215,000 that were expended on floating docks with the intent that they would be rented from the hotel marina operation and the rents would go to the District. Mr. Barnard stated those docks were built by the developer and not by the District. We ran into a shortfall when we were building the Sewer Plant. We found that it was going to cost more than our estimates. We took the dock portion out of that. Mr. Ray built those with his own money and the $215,000 was used to complete the Sewer Plant. The resident stated the reason I broached that question is that I look at our offering statement for the $7 million bond issue we had with the people who loaned us the money and we said we were going to generate a revenue stream building docks. If not building those docks that $215,000 was to be allocated to a 6 . October 24, 1996 1 6G 3 reserve to pay to generate the income in that manner. It was not to be used for shortfalls. Mr. Petty stated in looking at the original bond, this Board spent several months going over that issue making sure the bondholder was comfortable and making sure that we complied with all the covenants of the bond and making those funds available for the intended purpose of water. sewer and roads which was also part of the original bonds. The projections used in that bond turned out to be conservative and we needed more funds to build the facilities we needed. No new facilities were considered. That money was earmarked for existing plant facilities shown in the bonds. The bondholder. our legal counsel, bond cO\lnsel and this Board have all taken the proper steps to make sure that those funds were transferred according to the bond document. Mr. Gatti asked who owns the docks now? Mr. Barnard responded the hotel. Whoever owns the hotel owns the marina and the docks. Mr. McNeil stated in the connection fees. the $3,306 only apply to Phase I. Is that a new Phase? Mr. Barnard responded yours is $1.650. We raised it about three years ago. Mr. McNeil stated I thought that when we bought in Phase I we were not going to be subject to anything in the new bond issue related to sewer and water. What has changed and why? Mr. Barnard stated I do not know what was represented when you bought your lot, but I do know that that fee is considered to be an impact fee which is a part of an offsetting revenue. You do not pay the County fee or the bond carry. That is an offsetting revenue for the improvement of the water and sewer system. Almost $3,000,000 has been spent to improve the water and sewer to make it suitable for more connections. At the time we did the improvements any additional connections to the system was forbidden because it was not operating correctly. Mr. McNeil stated the irrigation water smens like raw sewage. Mr. Petty stated what you are being impacted by is the algae and decaying matter that occurs when the canal water is being sprayed. As the algae dies, that odor comes out. Using the canal for irrigation is one of the things we have to live with and to treat it will cause an increase to operating fees. A resident stated I would like to see that addressed at some point because if that is going to be a continuing problem. it win not be good for sales. 7 . _..~._,.."...,....._....~""_"..._~~.,.._...._..,.",.4M..._'_'_"____ : "'.:',:: ~.,.." .: '~:;..~,~: "-.' ,:' .... "" . " . " , ,'..,' '. October 24, 1996 1 6G 3 Mr. Petty stated it is something we may want to consider. We can start flushing out the lines which may help. A resident stated perhaps if you did not turn them on at 8:00 a.m. when people are up as opposed to 2:00 a.m. Mr. Petty stated we can consider changing the irrigation time. A resident asked in reference to the judgment. do the fees increase as we go forward? Mr. Anderson responded yes they do and with interest. Ms. Marchand asked as residents. is this the information we are to consider in relation to the increase of the utility rate? Mr. Barnard responded it is the information your Board is to consider in establishing the revised utility rates. Ms. Marchand stated that she feels there was not enough time to review the revised rates. Mr. Barnard stated this is a revision of a previous report. Mr. Petty stated the first draft came out in July and was discussed at the July meeting. A resident asked on a projected gross rate of 100/0, don't you think we exceed that at this point with all the sales that are going on? Mr. Petty responded no. If you look in the absorption schedule on page two you will note that single-family is estimated at 30 new connections per year and multi-family at 20 new connections per year based on recent history of connections At this point we are seeing a growth, but from the years that I have been involved with Port of the Islands there is no guarantee that this growth will continue. A resident asked how does this change as more people move in? Will it be lower at some point? Mr. Petty responded right now you have one of the lowest water and sewer rates in West Florida, but we should be able to get. additional economies of scale. As people take more water, your fixed cost will not change. You are already paying for the operator, administrative people and utility biUing. The more people using more water and bringing in more revenue, that is where you receive economies of scale. Right now we do not have that and it may be a few years before we reach that point. A resident asked are we saying that we can revisit this at the next budget time and the rates are not fixed for the next four years? 8 ~"~_"''a_A__ ,___'u.__,...~. .,. ._.,,_.~_~.~.1._,~_ ',':\::; ::,:, ( :.:" , ",'1::: :: ,:'; l'; , :' ,:: 1. ',~ ';,: October 24, 1996 1 6G Mr. Barnard responded we do not do a rate study every year because it is an involved process and it costs money. The original proposal for a rate study was $4,000. At periodic intervals the Board and the water and sewer operation team will re-address all the costs. A resident asked you said that the commodity fee is based on the variable cost of the water and yet you said that the commodity cost seems to be less because we are not using as much water as was projected. Are there certain costs? Mr. Petty responded they are not directly variable. In other words. it is not three cents for every 1,000 gallons. It may three cents for the first 1.000 gallons and two and one half for the next 1,000 gallons. We try to make any costs that do vary in relation to flows and those costs that do not fluctuate such as administrative go into fixed. There may not be a one to one ratio; it may be a one to three ratio. The resident asked are there some specific costs that are causing the effect? Mr. Petty responded what you are seeing is a basic budget. When a resident stated that we are $26,000 ahead in water and sewer. it is because this last year we had stand-by fees that were difficult to collect. We cut back on all of our capital and repairs and maintenance. There is nothing frivolous in this year's budget. Mr. Gatti stated during the discussions these last few meetings about this, if we do not raise the rates we will go in the hole. Last year we could not do the landscaping that we wanted to do. We eliminated a series of items that we had put into the budget because of the shortage in the water and sewer. Mr. Berger stated in reference to having time to ask questions and understanding how this process works is important. You voted us to start this process and we have been working on it. This final proposal is the result of all those questions and research. A resident stated I am looking at the impact statements on page 12 and I would like you to go over it in more detail. Mr. Petty stated this is total projected costs. We calculate the standard usage, the montWy minimum and break it down into what you see on page 12 and come up with billings for those areas. A resident asked is this usage or stand-by? It cannot be usage and stand-by. Mr. Petty responded it states whether it is capacity or stand-by. This is the impact as far as the capacity fee portion for the RV Park, not for usage. A resident asked it does not include stand-by fees? 9 aw- 1fr -. -- - r -- -- -.- -. October 24, 1996 1 6G 3 Mr. Petty responded that is in there. The RV Park is considered 100 RVs in your original phase of what was allocated to the north and south meter only. It does not represent the undeveloped portions. Mr. Barnard stated capacity fee is only charged on those areas that are using the commodity. The areas not hooked up to the system is under the stand- by fee. Ms. Moore stated I have lived in a County in Florida where the homeowner received notification that their water was not up to standard, Is there someone that will send letters to the homeowners by law if it does not meet County standards? Mr. Barnard responded they hang a notice on your door knobs. Ms. Moore askeJ are we a private water company? Mr. Petty responded we are a government owned utility and we have to adhere to the State regulations. Ms. Marchand stated I am in a unique position in that most people around here have one acre or one assessment unit. I am owner of 188 and it makes a difference. I am looking at a $16,873 increase for this next year. Mr. Petty stated you have 188 units and the capacity rate which is your monthly minimum went up $1.07 which comes out to $2,400 per year. This will also include your stand-by fees. If you are talking about the assessment. that is a different issue which is not part of this public hearing. A resident stated if Ms. Marchand looks at last year's water bill and adds 20% to it, wouldn't that be close to what she is experiencing? Mr. Barnard responded no. because a L..rge portion of her bill is on stand-by fees which went up. The stand-by fee is a concept that has been used all over which states that if we only charge you, the rebidents. for the cost of operating that water and sewer system, your bills would be $500 per month. We have to spread that cost to the residents that are going to connect to it and who have the capacity. As you expand, they will either be passed on or be offsetting revenue. Right now they are only a cost. A resident asked for the new owners coming in. which one would be applicable, the serviceable or the connected? This is on page 12. Mr. Petty responded a condominium unit is .8 serviceable units. or ERCs. In other words, you are considered to use about 80% of the water and sewer facilities of a single-family home. 10 ~\f~~:,~~:'I;":;';'.j1:'I',,,:~~,,<.: ':.' :"J ;~~':'. ~ ";':",.." 'I: :."'.. .:> -, "~ :.;'~ I t"':~" ,":.. ~ ,';:"~' '.' ,',. :', ~", I' J- t'..:f ,\ ,,>'. ,"." ~ ' . ~~'''''. 't" P' r '-.v __."",;'''..._ - .,...-------..-....""'......--"".- Ocwber 24, 1996 16G 3 Mr. Barnard stated six years ago this was a "Big Daddy" community. There was an agreement with the District that stated when the water and sewer fund had a shortfall we would call California and they would send us a check. When that was eliminated, it became evident that we needed to establish a system to provide water and sewer services to this community that was fair and equitable. That is when we came up with the stand-by fees. As the community grows it begins to take more of the realities of being in a community business which costs more each year. A resident asked can you explain the categories on page three? Mr. Petty responded the Unit Type is what we are calculating. The ERC's compares the design usage or how we built that facility for the planned usage of that room, attic, RV, etc. In comparison to a single-family home. it comes up wi th a factor based on the gallon amount. What that means is, that if a single- family were to use 100 gallons, we would estimate that a multi-family would use 80 gallons and that a hotel room would use 60 gallons. Planned ERC's are the total number of units for each particular parcel that we are aware of at this time. The number following those categories covers Potable Flows, Waste Water Flows. Irrigation Flows. These are all based on what we built the facilities for. This gives you an idea that we were assuming potable flows per single-family homes for a single day will be 313 gallons. For a hotel room potable flows for a day will be 188 gallons. The waste water and irrigation flows follow that same criteria. A resident asked what does ERC mean? Mr. Petty responded equivalent residential connection. The planned units goes back to the unit counts. We talk about existing units. Those were the numbers that were calculated when this report was being done. The absorption schedule states how many more we will get on a yearly basis. We are calculating approximately 30 single-family homes a year and 20 multi-family homes per year. In 1997 we put down one commercial acre because we understand that something is going in on the Tamiami Trail. A resident asked if the unit numbers are incorrect. how can we go back and take a look at those? Mr. Petty responded if, for example, you are going to eliminate the western wing in the North Hotel, an adjustment would not be considered because the facilities that are built and in place were built for these number of units. If you wanted to come back to the Board at a future date to find out if there could be an adjustment, that would be for the Board to consider. but one of the points would be 11 ::~'<'~""";';'I,/,\.~:~:,!'~ ~<":'::'.".,:>' :',,:,:' ....':', ',:,:,::' ',' : ",",,, ,~,','.~::,~",. :' ,! ::'~ .', :',' ,,~,>,:,', :'~'. October 24, 1996 1 6G 3 is there anyone there to take up that usage that was planned for you. Because if you do not pay the bill, the other residents will. The resident stated if I loose rooms then I do not get a deduction. Mr. Barnard stated no, but you would have a lessor commodity charge if you have rooms that you are not using water in. Mr. Petty stated we built the facility for those units and we cannot eliminate a portion of the Plant now that it is has been completed. A resident stated we recently started giving out the newsletter that goes to all the homeowners. One of the things that would help us out is when you sign off on your minutes, can you give us a copy of that? Mr. Barnard responded you can come to my office and obtain a copy. Mr. Wolsky stated I have been on this Board for two years and I am just beginning to understand what is going on. I can understand your perplexity with these numbers all at once. I have no way of helping you except to say to attend the meetings. Nothing is going on here except that we are trying to conform to the laws of the State. On MOTION by Mr. Gatti seconded by Mr. Wolsky with all in favor the oubUc hearin~ was closed. On MOTION by Mr. Gatti seconded by Mr. Berger with all in favor the amendment to Chapter II of the Rules of the District was adooted. FOURTH ORDER OF BUSINESS Consideration of Acceptance of Facilities for Stella Maris and Sunset Cay This item will be tabled for the next meeting. !<'U'I'H ORDER OF BUSINESS Staff Reports A. Attorney Tht.'-e not being any, the next item followed. B. Rngineer Mr. Holloman stated the Board at the last meeting talked about the generator at the Water Treatment Plant. Mr. Stephens has been trying to find a generator to buy as a replacement and most of the ones out there are old and cost over $10,000. The District is not in a position to purchase a new generator. I had an electrical engineer look at both Plants and we have come up with a plan to tie the Water Plant into the generator at the Waste Water Plant which we feel we can 12 - . 1 W-' October 24, 1996 1 6G 3 do for about $2,500. This will not only get generator capability back to the Water Plant, but it will also give the capability of an automatic transfer switch so that when the power goes ofT in the middle of the night it does not take someone coming out here and switching the generator and loosing pressure in the lines. It was recommended that we proceed in connecting the Water Plant to the generator at the Waste Water Plant. A resident asked to explain that to the public. Mr. Barnard stated the generator which is your emergency power source for the Water Plant is old. It has broken down many times and is now beyond repair. We were looking at buying a used one to replace it in the neighborhood of $10,000. Mr. Holloman brought another electrical engineer in who suggested going back to a plan we originally suggested four years ago and which at that time, was not suitable to do. The state of the art generator we have for the Sewer Plant can be used to run the Water Plant as well in an emergency. Instead of spending $10,000 to $25,000 we are going to spend $2,500. Mr. Holloman stated I was asked to look at one of the lakes on Sanctuary Point. There are three lakes that border the Fakahatchee Strand; two are clear. The third lake which is the smallest seems to have little movement in the water and is growing a lot of weeds. Mr. Petty stated it is a maintenance item that we will look into. We have a contractor that takes care of the wetlands and he can spray that lake as well. Mr. Gatti stated I am concerned over the trucks driving over our entryway. Are these public streets? Mr. Anderson responded yes. Mr. Gatti asked are they opened to the general public? Mr. Anderson responded yes. You do have the right to institute security measures under the Statutes which would allow you to restrict access from people outside the District. Mr. Gatti stated my concern goes to the motor trucks because there are so many of them and we may lose some of the roadway. Mr. Holloman stated the problem is how do you get the trucks in there during the construction process. Mr. Gatti stated no. we are talking about the aggregate from the roadways which they are trucking from here into the Plant. What recourse do we have in terms of control? What recourse do we have to assure that if there is any damage done it will be restored? 13 }.;?) ~?\;:>?:>-~ ,(~::;,X :~~~:;-':;;); /,:,\c/: r"': L ~";',';'_:",:';'," ; ,: ~" :'':: ';'" i, ',:~ :' ..~,;. :- ..' ~',~ /1 ,,; :\ ',,:" ,",: P'"'1P ""'_,",""",' v'" ''''ll' .__""""'_....,__~_._,..........'"._",...._,,_.__"'...--,_____ - "- ------ .. --- - October 24, 1996 1 6G 3 Mr. Holloman stated I know Collier County has regulations for limits on what trucks can haul. Those roads are not designed for that kind of impact. Mr. Anderson stated that is something I will have to look into. Mr. Barnard stated perhaps the first step should be to ask Better Roads to overlay when they are done. Can we do it? Mr. Petty responded currently we do not have any use restrictions for on our roads. I think what we should do is have our engineer evaluate the problem and have him confront Better Roads and look for a solution protecting the District. In the meantime we have Mr. Anderson who will check out the format we would have to adopt and get back to us. C. Manager There not being any, the next item followed. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Wolsky stated there are some fire plug indicators that are missing on our street and around the corner on Cays Drive. Mr. Petty stated we will take a look at that. Mr. Gatti stated at the last meeting I brought up the fact of establishing minimum standards for use of the District property. I had objected to the way the contractor was cutting the roadway and that I would put something together. I have handed out those standards and perhaps we can include it in the next agenda. Mr. Berger stated we have had a few meetings where we did not have a quorum and I would like to propose to all the Supervisors is that on Monday of the meeting call the office to the attention of Ms. Holiday letting her know if you plan to be here or not. Six months ago the Chief of the Ochopee Fire Department was here and gave us a presentation that we should build our own fire department and he would send a truck. I met with him and asked him to come up with a three year plan for meeting our fire needs. He mailed me his first draft which does not work and we hope to have an approved draft for next meeting. He indicated that down the road Collier County may want a station in this area. and if we can provide an area, there may be money from the County. I will have more on this issue next time. Mr. Barnard stated the next meeting will not be on the third Thursday of the month. There will be a landowners meeting on November 5th. There are 14 October 24, 1996 16G 3 three positions for Supervisor which are to be filled. Each of you that owns a Jot or home is entitled to vote. There will be nominations from the floor. The requirements for being on the Board are citizen of the United States and resident of the State of Florida. SEVEN'lH ORDER OF B~ Approval ofInvoioes The meeting was adjourned at 5:00 p.m. 15 ~.~,....._~ft44lllW,jIIIMI"..... _. --- ~ -- ... -- - ....._ __4L _~.lII AGENDA PORT OF 1HE ISLANDS COMl\ruNITY IMPROVEMENT DISTRICT 1 6G 3 Thursday October 24, 1996 4:00 P.M. 1. Roll Call 25000 TAminmi Trail East Naples, Florida 2. Approval of the Minutes of the September 19. 1996 Meeting 3. Public Hearing to Consider the Adoption of Amendment to Chapter II of the Rules of the District 4. Consideration of Acceptance of Facilities for Stella Maris and Sunset Cay 5. Staff Reports A. Attorney B. Engineer C. Manager 6. Supervisor's Requests and Audience Comments 7. Approval of Invoices 8. Adjournment """..-,.,.~~ --- --.-- ---.------ --..- -....-.-~~IW'..........,_~:_.__..w~ -- -,--- , , . .. ,.' ~ . . .' . '. . .'. '. . . II. Naples Daily Hews Naplu, FL 33940 Affidavit of Publicati~ 1 6G 3 --------------------------------------------------+--------------------------- NolIce Of MeetIng Part or tilt ISlanc:ts The ~~ementDlslrlct Isloncls r_~.yQQl'J I1ltlt Part I1ltlt win hold ti;;';1cr ~~toO~ ~~ Odllbei' 2~ 1996 In tilt omces 11 ~T~~ora:=~ 33961. TIle rnettlno Is _ to !tit llUtlIIc and will ~ COllQ/cted In occo. <1...... willi ~~~ U1w1Dr~ TherI may be occasions when Olle or =. ~~'40~ by Itlt- P"esent Q lltClker "'= ~ ~~ :~:" and be f\llIy Intcrmed or I tile dlscusslons taking pbct elltltr In per. I son 0; bvttltphone ~ I Arry penon IS\l'oI".'" .....,..... occam- moclattons at !his rnttlln; because or a ds- cblltly or lllmkal IlTlIlQk'Tnent should can- , 10ct !he OIs1rlct otnc:e at (951) 7 SJ-43IO at : Ieost l1vt caMndar dav1 p"1or to lilt rnttll~' , Each penon whO dtddn to QIlCleClI 0If'( : decision mode by !he Soa'tl willi reo I spe<t to 0If'( maner considered at tilt mllt11no Is advised !hat penon will needl Q record or the prccetdInos and Ihat oc. t _ cordI!lQIv" ~ ~_ may ""!1 to en- , SlI't !hot' a YtrtatIm recOrd or tht pro. , cet<llnos Is mode, IncIudIno !he tes1Imo- ny and evidence ~ which such Q)o peal Is to be based. . Gory L. Mtr1er ~7 ~.'.~I 1~(' lX:t~::~.':" Judth A FJanioan : 'A'?" '.,' '~""'SSlOH' CC ,e, ", 'n, ',,,,,..., CI'I_,. F".."" t' . .: 014#010). J' , ~' ".."rj..l Februa."I 19. 2000 '~..~_::-.... ICIlQl!O THIIU TIlO't 'AIt!:!ISUUW:l, IN: .',>,:.':,/,:~:,;;'::':':~<:',t>,:,~,;,,:,<,,;,,:::;:, ,::' " ," .<,IJ,'.:, ,',:.L,'", ',,',: "'.'::'-:-,, '.;' ",'.') ",'" '~.',.:' PORT OF THE ISLANDS 10300 NW 11TH ~AHOR CORAL SPRINGS FL 33071 REFERErlCE: 010948 57374980 NOtice Of ~eetingPor Sate of Florida County of Collier Before the undersigned authority, person.lly appeared Hina Iverson. who on oath says that she serves as the Assistant Secretary of the Naples Daily Hews, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newSp8per published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second cl.ss ..il ..tter at the post office in Naples, in said Collier County, Florid., for a period of 1 year next preceding the first publication of the attached copy of advertise~nt; and affiant further says that he has neither paid nor pro.i.ed any person, fir. or coporation any discount, rehate, co..ission or refund for the purpose of securing this .dvertiseeent for publication in the said newspaper. PUBLISHED ON: 10/17 AD SPACE: 4.500 INCH FILED ON: 10/17/96 --------------------------------------------------+--- Signature of Affiant :/l.t;d'... dt~t~ Sworn to and Subscribed before .e this .Ji- day of , /), l - I' iii. ...., . Personally knovn by.e /#~ (/"/(..../ (.I, .,. /'/1 I, .: -. ':'\ I ,J . / Naples Daily N~~ Naples, FL 33940 Affidavit of Publication PORT OF THE ISLANDS 10300 N~ 11TH ~AHOR CORAL SPRINGS FL 33071 REFERE~ICE: 010948 57368668 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally a~ared 8, La", llho on OlIth says that she serve. as the Assistant Corporate Secretary of tne Naples Daily H~s, a d~ily nellspaper published at Naples, in Collier County, Florida: that the attached copy of advertising lias published in said nevspaper on dates I !sted. Affiant further says that the said Naples Daily Nevs is a n~spaper pllblished at Naples, in said Collier County, Florida, and that the said n~spaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class ..il aatter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertfse1tenti and affiant further says that he has neither paid nor pro.ised any person, fira or coporation any discount, r~te, co.aission or refund for the purpose of ,ecuring this advertise..nt for publication in the said newspaper. PU8USHED OH: 10/02 AD SPACE: FILED ON: 14,166 INCH 10/02/96 A~~r~T~:~~~~~rlE 1 6G 3 PORT OF THE ISlANDS COMMUNITY IMPROVEMENT OISTRICi&. The Port of lilt IslancIs Community OIsb1ct will hold a IlUllIIc Maino on T1u'1dcv, ~ 2~_ _1!96 at .;go p oM. In the otIlces d !tie Ols1rfct Gt Port d IIle IsIcnds Rncrt, 25000 lomlCllTll TroD East, H<:cl~ F1ot1cIa 33961, far !tie ~ d hea1no public com- ment and cbIK110ns to lIle 0dCQtf0n by Rule IllnUClIlf to SedIon l2OJ.C F.s. and Stdlon 190.035 F.s. of certain rates, f~ dlcr;ts and ClP<<oIIno polIdes rat' !tie Otsftld's 'fICIM and sewtr utility svmm lIll lilt CIl1ltt'ldrnent of ~ n of !tie Rule. TIlt ~ ra1n and cl'llroes cre as loflows: WATER AREAl AAEAII Minimum MorrIhIv QlcrgesJSbldlv Fee Per ERC Per MonIII S5.S3 1S.5J Plus Commocfrty RatWl,ooo Gcf1cns SlJf SIJf WASTEWATER MInimum MonItlIv ~/SIoncl)y Fte Per ERC Per MonIII SUI SI.OI Plus Commodlty Rales/l,OOO Gellons at 75% of water usooe un un IRRIGATlON WATER Minimum MorrIhIv ChargeslSbxIrt Fee Per ERC Per Month S9.G3 Wl Plus Commodity Rates/I,ooo GcIIons , S JI S JI ~ AuthorIty: 19O.03S F ~ 19O,Oll(S) F.s.. 1~ F.s. Law 1n'4)1emente<t 190,035 F.s.. 190.0 II(S) F.s.. l2OJ.C F.s. H1s1llry: Hew The recson fer tlle odclltIon of lilt cOove cleso1led rates, fHS, dlcrots, and operaIIno policies and tht amendment of 0lQlter n d !tie Rule Is 10 provide I'MtlIeS on tht Oi$lr\(t to pay operotlno and maintenance cost. The summcrv of lilt economic s1af!merrt as required by chcoter 1 ~ F.s.1s: . (1) TIlt estImoIt of tht cost to !he o;encv (01sIr1d) In kr4:lItmtnllnQ !he Rule Is J:ri/llClo rllv !tie cost of ItgaI odver1Islno d lilt ~ 10 adopt sold rule w!lldl Is esfimated not 10 exettd ssoo. In addIIion certain cepyIno costs should not exceed S2OO. (2) The estimate of lilt cost Oft Ihe economic benefit to persons chdI'y al'!edied by tht odoptIon of Ihe rIllt wfIl be ltICIt !tie Ob1rlct win be obit to IlrOVIdt wotw to Include ItIt polo bit and IrTiQallOft, and wasttwater trealmlnt and dsposaI to prcperftes Jacaled wiIlIln the Olsirlct which wi. permlt lilt utII%llIton d sold prllPfl'fY Iio lis ~ and best use. (3) There Is no estfmaltd odverst In'4)CId on ~ and lilt ClC* mcrtet lllact tor ttI1Iloymtnt. (.) TMre Is no adverse 1/T1lOd on COn'4)etIlIon and !tie open Illlrtet place fer tn'4)loy. ment. _ (S) The comparison of !tie llf'Otlotile costs and beneflIos d lilt ~ Rule amend- ments ,to tht llftlbc:t)1t COS1s and benefits of not odopIIng lilt ~ Rule amend- ments ere ltIat !tie mar;/noI COS1s and benefits ere aroxlmalefy equal In that tpV. ernmentol entitles uffllzlno this Rule ClI'llfIldment wiI pay far Itier own operUion and maintenance com and IIlIs rtllms lilt Olslrlct of sucII ~. _ (6) TIlt 1lI'CPOSed rille amtndment Is the least IntnIslvt far odIItvtno lilt slated IU" IlOH and sInca it Is subiKt to fining from oItler SOII'CeS Is !tie least costty mrlhod CMII1abIt to lilt Olstrk:t. ' . , m The Olslrlct did consider oItler CIIItmcItIves to accompIIsI\ itIe Sfattd IMJlOSe and lni:reos1no user rates was the most etrIdtrIt, cost effedlve means lor lilt Otsrlct to In- creaserMllJtS 10 pay lis ~ e~ ~ aIloYt eccnomIc Impoct s1afemtnt summcrv 0lIdvta lie odId <<llftOITlic statement IustIfvIno lilt odopIIocI of tht proposed nrIe omes~ Each penon who decides Iio ClIlIltoI any declsfon mode by !tie IIocrd wIIIl rtsCltCf 10 any matter C1lnSIdered at the meetIno Is odvlst<I that penon will need a rtQlfd of 1M jlrDCHd. !nos and that Q(cord1~L~_ penon may need to tnsln that a vertlaIim recal'll ct !tie procetdlngs Is mode, lnowmv llle testlmony and evldtnc:e \4lOft wflIdl sucII CIllI)l!OI I$. III be based. Gcry L Mayer, Mt:Irtoqer Octllber 2 ,. Pb.17JfF1 Signature of Affiant 4. ~ _ _ _ _ _ _ . SlIOrn to and Subscribed before lIIe this l day of C r..f 199(, Personally known by lIIe ~,.-:.....h6' () 1-i,~..., ....~ c....... J I ,-;-;;,::'H:.;;.., JucSth A. f1.1nloan !:rJ;;. "~':1 ',IV COMMISSION' CC508787 EXPIRES I.',:,,'&'l/ ftlllllalY 19. 2COO ',:!,;;...~~..., lC..cl~ 1'l1IIU lIICI\' 'AIIlIICSUWQ,1lIC. .......... NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF A PROPOSED RULE AMENDMENT, AMENDING CERTAIN RATES AND CHARGES FOR TIIE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICI'. The Port of the Islands Community Improvement District will bold a public hearing on Thursday, October 24, 1996 at 4:00 PM. in the offices of the District at Port of the Islands Resort. 25000 Tamiami Trail East, Naples, Florida 33961, for the purpose of hearing public comment and obj~tions to the adoption by Rule pursuant to Section 120.54 F.S. and S~tion 190,035 F.S. of certain rates, fees, charges and operating policies (or the District's water and sewer utility system and the amendment of Chapter IT of the Rule. The proposed rates and charges are as follows: AREA I AREA n W A TE:& Minimum Monthly ChargeslStandby Fee Per ERC Per Month S5.53 Plus Commodity Ratesll,OOO Gallons $1.39 $5.53 $1.39 W A STEW A TEl! Minimum Monthly ChargeslStandby Fee Per ERC Per Month $8.08 Plus Commodity Ratesl1,OOO Gallons at 75% of water usage $3.77 $8.08 $3.77 IRRIGATION WATER Minimum Monthly Cbarges/Standby Fee Per ERC Per Month S9.03 Plus Commodity Rates/I ,000 Gallons S .28 $5.21 $ .28 ,C1 II II 18 II 1ft Special Authority: 190,035 F.S., 190.0! 1(5) F.S., 120.54 F.S. Law Implemented: 190.035 F.S., 190.011(5) F.S., 120.54 F.S. History: New The reason for the adoption of the above descdbed rates, fees, charges, and operating policies and the amendment of Chapter II of the Rule is to provide revenues on the District to pay operating and maintenance cost 1 6G 3 The summary of the economic statement as required by chapter 120.54 F.S. is: (I) The estimate of the cost to the agency (District) in implementing the Rule is primarily the cost of legal advertising of the meeting to adopt said rule which is estimated not to exceed $500. In addition certain copying costs should not exceed $200. (2) The estimate of the cost on the economic benefit to persons directly affected by the adoption of the role will be that the District will be able to provide water to include the potable and irrigation, and wastewater treatment and disposal to properties located within the District which will pennit the utilization of said property to its highest and best use. (3) There is no estimated adverse impact on competition and the open market place for employment (4) There is no adverse impact on small business as derlDed in the rlorida Small and Minority business Assistance Act of 1985. (5) The comparison of the probable costs and benefits of the proposed Rule amendments to the probable costs and benefits of not adopting the proposed Rule amendments are that the marginal costs and benefits are approximately equal in that governmental entities utilizing this Rule amendment will pay for their own operation and maintenance costs and this relieves the District of such responsibility. (6) The proposed rule amendment is the least intrusive for achieving the stated purpose and since it is subject to funding from other sources is the least costly method available to the District. (7) The District did consider other alternatives to accomplish the stated purpose and increasing user rates was the most efficient. cost effective means for the District to increase revenues to pay its operating expenditures. (8) The above economic impact statement summary constitutes the actual economic impact statement justifying the adoption of the proposed rule amendment Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Gary L. Moyer. Manager 1 6G 3 1 6G 3 Pf~~{;;.~otfs NOTicE of Public HEARiNG Dear Resident; The Port of the blonds Community Improvement District Board of Supervisors will be considering a utility rate increase for water, sewer and Irrigation on October 24, 1996 at 4:00 P.M.. .:at the Port of the Islands Hotel. This meeting is a public hearing and all parties wishing to speak on this matter are encouraged to attend. The District's Utility Rates have not changed since 1993. The proposed rates hove been calculated based on the Adopted Budget for Fiscal Year 1997 and projeded expenses over a four year period to provide a rate which will be effedive for the next three to four years. The following table shows a comparison between existing rates and those proposed for odophon at the Public Hearing on October 24, 1Q96 for the typical single family home on an averoge monthly bell ExisTiNG RATES PROposld R.uES Potable Usage 7.000 gal. Potable Usage 7.OCXJ gal. Capacity Charge $4,81 Capacity Charge 1553 Commodity Charge $8,13 Commodity Charge $9.75 Waste"vater Usage 5,600 gal. Wastewater Usage 5 bOO gal Capacity Charge $7.73 Capacity Charge 1808 Commodity Charge $15,89 Commod.ty Charge S21~ Irrigation Usage 20,000 gal Irrigation Usage 20 OCXJ gal Capacity Charge $4,60 Capacity Charge $5,21 Commodiry Charge $4.95 Commodity Charge S5,Oi Total Bill $46,11 Total BIll 155,26 A comparison of the Proposed Rates and those of other utilities In Collier and lee coonhes show thot the proposed rates generate one of the lowest tYPical monthly bills for a Single family home. This Proposed Rate also affects Stand-By bills to those undeveloped parcels of Port of the Islands. If you hove any questions regarding this matter. please call John Petty at Distrld Offices. (Q541 796- 6620. Port of the Islands 1 6G 3 Community Improvement District ApproYOI of Invoices 24-Oct-96 ~lof3 Item N<). Payee General w&:s Supervbors Thomas Barnard S2OO.oo $100.00 $100.00 Barry Berger S2OO,oo $100.00 $100,00 Rlchad Gatti S2OO.oo $100.00 $100.00 (Septernb<< 1996) 2 Gary L Moyer, P,A. Management Controct (October 1996) $1.312.50 $656.25 $656.25 3 DIstrict Anandal Corp, ACCOU"lflng/8lrlgetng (October 1996) $607,83 $303.92 $303,91 Utiity Billing - October muz $291.67 $899,SO 4 District Admlnlstratlve Serv. Recording Secretary $385.83 $192.92 $192.91 (October 1996) 5 AM Generator & Pump Inc. !ny. 96-1233. Geoeratoc Set\.ice $ 157.SO $157,50 Iny. 96-1231 . GeoeratOf' Servlce $299.B4 $299.84 !ny, 96-1230 - Generator SeMce $355.24 $355.24 Iny, 96-1234 - GeneratOf' 5f:>Mce .s222..M $299,84 $ 1.112,.42 6 American Paging Beeper Service thru 9/19 $20. 16 $20,16 7 AT&T Service thru 9113 $60.32 $60.32 8 Big Cypress landscape Co, September Lawn Maintenance $3,751.80 Clean &. Mow around North Entrance moo $3.781.80 $3.781,80 9 B&H Sales Iny, # 1189388 . Suppias to repair Punp $.4QO, 11 $490,11 10 Bob Dean Supply. Inc Inv, 1S69281 - P\.rnp Rep:JIr S2OO. 70 S2OO.70 11 Brevard Teaching & Research tOb. nv, 101950 . La> SeMc:e S60.oo S60.oo rn.ICH939 -ld> SeMce $6Q.00 $60.00 ,-."'"'w-,_,,__,____,.,_....'___... ',.,' T""'l""q""- ,.,.- ,t': '~ ~ <.<; , Federal Express nv #593280614. ttvu 9/5'; .. ,~{ :~:S/:!J~~~~:,;' 16 · ... $126.97,! ' ";:' 17 H F Scientific, Inc. Inv. #12113 - Lamp for Meter $101.52 $101.52 18 Hole Montes & Associates Englneeflng SeMces 7127 thru 8/30 $652.50 $326.25 $326.25 engineering SeMces 8/31 ttvu 9/27 $735.45 $367.73 $367.72 19 Hyatt Sprinkler Suppnes hv. # 10268998 . S4:>pIIes $8.<40 $8.40 20 Indian Trace Inv. #115 - Faxes $1.50 $0.75 $0.75 21 LeahChem Industries, Inc. Inv. # 17167 $155.00 $155.00 22 Lee County 8ectrlc Cooperative General FlJ"ld thru 9116 $1,049.54 $1,049.54 Water a Serwer Fund thnJ 9/16 S4..127.~9 $.4.327.39 $5.376.93 23 Mobil Fleet Acet. #8592681301 - Service thnJ 9/8 $232.26 $232.26 24 McConnelrs True Value Inv #99364 - Mise Supples $50.64 $50.64 Port of the Islands 1 6G 3 Community Improvement District Approval of invoices 24-Oct-96 I page 3 of 3 Item No. , poyoe General W&S 25 Naples Dolly News Inv # 131 0939 Notlce ct Meeting - 9119 $52.91 26.49 $26..48 Inv #1312617 Notlce of Meetings Ff'( 97 $70.62 35.31 $35.31 Inv # 1318781 Plbllc He<mg - 10124 S176,~ $116,55 $300.14 26 Port of the Islands CID Water Sorv 1tYu 7/31 $563.49 $563.49 27 Sanders Laboratories lab Analysis - Aug. a yeary Redam $1 A26.oo S 1 A26.oo 28 Scotty's Inv #45706 - &.JppIe$ $100.47 Inv #46569 - Supples 12SJ.4 $125.61 $125.61 29 Turren at AssocIates, Inc. Preparation of 2nd Arn.toI Mont. Report $475.00 $475.00 30 United Telephone of Aorfda Acct. #941-642-1309 -thnJ 10/96 $31.31 $31.31 Acct. #941-642-921~ 1thru 10196 $113.49 $113.49 31 USA Blue Book Inv. #097073 - S4JpIes $263.53 $263.53 32 Universal Rags & Ragpoles Inv. #22138 - FIoga $273.90 $273.<;0 33 VikIng Office Products Inv. #597697-SlppIes $54.84 $54.84 34 VoIgfs Texaco Inv. #7691 -l.tbe 011 Alter $18.95 $18.95 35 Winn Dixie Inv #061996-01 - &.Qor $65.50 $65,50 36 Young. Van Assenderp et al legal ServIces ttvu 8/31 $491.75 $245.87 $245.88 legal ServIces thru 9/30 $741.64 $370.82 $370,82 UtIlity Stax:lby lawsUt ~ $0.96 $1.234.35 $26.094.35 $12,129.65 $13.964.70 I General Fund Expenses $12,129.65 Water at Sewer Expenses ' $13,964.70 ITotal $26,094.35 1 Port of the Islands Community Improvement District 1 6G 3 f General Fund Bolance Sheet For The Pertod ending September 30. 1996 Assets: . $53.690.43 $65.966.27 $75.36 1.48 $200.00 $8.957.00 $204,175.181 Liabilities: Due to Debt Service $0.00 Fund E~lty: Fund Balance - FY 1995 Current Change In Fund Balance ITotal UOblllties at Fund equity $144,62292 $59.552.26 $204,175.18 I · Reflects $25.D33.73 water a Sewer WOIki'lg CapIta per ResIoutlon 9O.Q 1 1 6G 3' Port of the Islands Community Improvement District Water' Sewer Fund Balance Sheet For The Period ending September 30, 1996 Assets Cash Accounts Receivable Standby Accounts Receivable Meters In FIeld Water & Sewer System Equipment Less: Accumulated Depreciation Prepaid Insurance $41.748.88 SZl.6n.75 $53.492.49 $7.880.20 $5.326.111.14 $3.1XXl.00 ($330.515.58) $8.957.00 $5,133,351.88 I ITotal Assets Uqb{lIfle3: . Due to General Customer Deposits $65.966.27 $5.213.42 Fund Equity Contributed Capital Contributed Capital - Meter Reserved for Maintenance $4.589.737.74 $3.618.10 $5.1XXl.00 Fund Balance -P( 1995 Current Change In Fund Balance Irotal Uobllltes Be Fund Equity $437.636.79 $26.119.56 $5,133,351.88 I · Ranects $25,033.73 Workhg Capital from General FI.nd per Resolution 96-01 Gary L. Moyer, PIA. land Development & Management Consultant February 11, 1997 Memorandum To: Reference: From: .... . i, 4.,':/<,.{j"~~i~,,i';,':;,\~,:~':i,:{',: ~~ ,. 'f\t6J If.' " ' ", ,. , ^~:: ,.,$ "';", '~;'~':;~;;;t~~,~~:~,~::,., ',. 1';"'-"':' ,.,',.,'" ',', . .;." ,:.~:~,\,:::~ C;;".~, ,', ':: ":~ ""~ ~" . "',"; ) ",. .(". "." 10300 Northwest Eleventh Mar. Coral Springs, Florida 330 (954) 753'()3 J.'.': . RECEIVED Ms. Kathryn Han1d~s APR 1 6 1997 County Finance DirectorlDeputy Clerk Collier County Courthouse9oard of County Conrnfss foners P.O. Box 413044 Naples, FL 33941-3044 Clerk of the Circuit Court Finance Department do Dwight E. Brock 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. W. Neil Dorrill Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 Mjn~J&QCMeetinpJ1eldjioye~~~r ,12, December 9, '~De&'iiitier 16, December 23, and necember 27, 1996 Gary L. Moyer Manager Enclosed for your records are copies of the minutes of the meeting held by the Board of Supervisors of Heritage Greens Community Development District (formerly Dove Pointe C.D.D.) as referenced above. GLM/nk Ene. 0'\ - .- - , . . ~ C'1 L:- ~~ _ (,.) :;:. ci: z: -' 4- (t) -z. - - ~ \..!- ,W \.A- r- C1' tl. u..: C \.!.l a:: Mi:;r, r('".~. . .... ~ , ~ ~ ..J. ,~~l(pjg'J ,: '/~. C?, j':,;<(~,"~ '<: ;:~i';;~. MlNUTES OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT 3. '~;ll: :l"!~~:~:,',~,h:::?:: 'i:~f:,~; \ The regular meeting of the Board of Supervisors of The Heritage Greens Community Development District was held Tuesday, November 12, 1996 at 9:00 A.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Harris Charles F. Bailey Bill Snyder Peter Comeau Chairman Vice Chairman Supervisor Supervisor (Resigned) Supervisor Also present were: James P. \Vard Bruce Anderson Jack McKenna Dr. Hank Fishkind District Staff Attorney Engineer Fishkind & Associates FIRST ORDER OF BUSINESS non can Mr. Ward called the meeting to order at 9:00 AM. and stated the record will reflect that all Supervisors are present with the exception of Mr. IOass. TlllRD ORDER OF BUSINESS Approval oftbe Minutes oftbe September 25,1996 Meeting Mr. Ward stated you have received a copy of the September 25. 1996 minutes. If there were any additions, deletions or corrections, it would be appropriate at this time so indicate, otherwise, a motion for their approval would be in order. Mr. Reinders stated on page 8, just below the motion, where I am quoted as asking about the formal re-appointment of professionals, "regards" should be changed to "regard". On page 10, the second full paragraph from the bottom which begins, "Mr. Reinders stated...", the third s~ntence reags, "Our Dtstrict has been amended so that we are now looking at an assessment base of-up to ,v "_, :- '~,:",j:''';:''~'':,; '-_\,'/'",:,;I';,,~,(;, ~f'::t~~'_4il'Ji,j,:,"_'::!::.t",,:,!,r;:~/r~t:~ $550". It should read "550 units"~ That is altIhave. Does anyone have any , ' , ';-'.1', "',' - ~, comments, additions. corrections or deletions to the minutes? If not,'lwill '~' "'~:\:.'~ entertain a motion for their approval. ,;:1; ."', ' :;;'~~(.~~,\} I , .;,:..\,::,,'::;};, November 12.1996 On MOTION by Mr. Bailey seconded by Mr. Snyder with all in favor the September 25, 1996 minutes were a roved sub.ect to the corrections noted. 1 6G 3 Mr. Reinders stated Mr. Snyder wishes to address the Board. Mr. Snyder stated I wish to resign from the Board at this point in time. Mr. Reinders stated we now have a vacancy and it is appropriate to entertain a motion to appoint a new Supervisor to fill the unexpired term of Mr. Snyder. On MOTION by Mr. Reinders seconded by Mr. Bailey with all in favor Mr. Peter Comeau was appointed to fill the unex ired term of Mr. Sn der. Mr. Ward, being a notary public of the State of Florida, administered the Oath of Office to Mr. Comeau, a signed copy of which will be made a part of the District's official records. Mr. Comeau was advised that a Financial Disclosure form was required to be filed with the State of Florida within thirty days of being seated on the Board. TmRD ORDER OF BUSINESS Public Hearing on the Adoption of a Resolution Establishing Special Assessments A. I>iscussion of Assessment Methodology B. Public Comment and Testimony C. Eq11l'l1i7..ation of Assessments D. Adoption of Resolution Mr. Ward stated I recommend to you that you hear Dr. Fishkind and, if you like, Mr. McKenna of Agnoli, Barber & Brundage relative to the Engineer's Report and the methodology and then open it up to any public comment and testimony. Dr. Fishkind stated with the Board's indulgence, I suggest that Mr. McKenna go before me because the engineering and the cost estimates are the foundation for the work that I did. With your permission we will proceed that way. Mr. McKenna stated we have gone through the development ,of the construction plans and the permitting process and have come up with' a cost estimate, Engineer's Opinion of Probable Cost, for the project which is identified "'>......,,_,"j,__"'_'~.,.,_, ,......."_.""~,~...~.-,,',.,,...._,.~_~"-.=,,~_""~., ""''''''''''',.....,,''''''',.;,,<lIl<'''...,..~,''''..,jo<;;'' .. November 12, 1996 1 6G 3 in Table 3 of the Engineer's Report. We have tried to split this cost out bctween roads and other associated cost. The reason for doing this is because of the apportionment of the road costs to the golf course itself. In addition to that allocation, therc is a methodology described in the Engineer's Report for the allocation of the fill material where the golf course lakes are being excavated and will be providing fill both to fill the golf course for the play areas as well as the residential area and the cost of that excavation has been allocated accordingly. Not unlike the excavation, storm drainage had to be installed and for this what we did was analyze a methodology considering the specific storm drainage pipes which provide striclly residential benefit. those that provide strictly golf course benefit and there are some' of the facilities which arc benefiting both entities. In the last of those categories we have split the costs of those drainage pipes and structures between the golf course and the residential area. In the Report we have a site plan which attempts to depict which pipes are which and would fall into which category. We are currently modifying our construction plans and plat as you probably know. The submission has been made to Collier County. Collier County has responded with comments and we expect this week to be back to the County responding to those comments. Regarding the South Florida \Vater Management District permitting, we have an existing surface ~ater management permit in place. Following County approval. we will be going back to South Florida Water Management District to get a letter of modification to allow for an alternate discharge point to the southeast corner of the property as compared to that which currently exists at the northwest corner. Does anybody have any questions? Mr. Comeau asked did you ever resolve the elevation concerns with the Water Management District in Collier County in reference to the control elevation? The plan for the Cocohatchee downstream was different from that where the control was actually higher than the control discharge structure. Mr. McKenna replied there is a flap gate constructed now to discharge from this community into the canal which should prevent any water from coming back onto our site. The plans for the final control structure. that is Cocohatchee No.3. that has been tal~ed about to be installed in the canal have not been finalized at this time as far as whether it will happen, when it will happen or what the elevation of it will be when it happens. 3 November 12,1996 1 6G 3 Mr. Anderson stated although all of us at this table are aware of the development approvals that changed the density on this project. would you explain that for the record for someone who might review this later on? Mr. Reinders stated the last go-round you were looking at 450 approved units and a plat that was based on 400 units. That 400 units was divided into 180 multifamily or six-plex villas and approximately 79 single family estate lots. Included as well are about 163 patio home lots. Mr. Anderson stated the exact numbers are not the important thing. it is the fact that there was a change in the development plans that have necessitated a change in the District's improvements. Mr. Reinders stated the Developer has amended the development order and is amending the plat for up to 530 units. The distribution of product type has changed somewhat and there are now 163 of the patio homes, 180 of the multifamily, 80 of the coach homes and 106 of the twin duplex villas. Mr. McKenna stated because of those changes in density there were modifications of the construction plans and plat and of course the cover sheet of the plat had to be modified to consider new ownership. Mr. Comeau stated I have two things with the methodology and acreage allocations and the water use. The water use application was filed. was for reallocation and reference for the golf course irrigation. Did it also include provisions for withdrawal for the 180 villa tract? Mr. McKenna replied at this point. yes. the application that was filed does include the green space for the remainder of the community. Mr. Comeau asked the remainder of the community or specifically what it was supposed to be for? Mr. McKenna replied no, not what it was for exclusively. Mr. Comeau asked for all residential green space? Mr. McKenna replied yes. Mr. Reinders stated we can go ahead in terms of permitting. Mr. Comeau stated I have no problem with that. Second is that on your acreage allocations in what Dr. Fishkind put together. it appears that the duplex allocations is less as far as acreage in back of the villas with six-plex and since there is the higher density and actual cost sharing, unless I read it wrong. the cost sharing for the duplexes in our experience is usually higher than that for the villas. On page 1 of the base analysis there is the 180 multifamily that would be less. I want to make sure that I am reading this right."'" '.;:'~>,:~},,~::~/~:>, :.>~' ( ,'::;'<: ::. :1'::,:, ~ : ,<~;" ,',... ' ':: ~>' ,y.',',';- , :." " ,:, :'.: ,,''::_' <',: ./ ~; ~'..<:,:'.::~t'.. ",~,,{: <.}:, November 12. 1996 ......., 1 6G 3 :,~'- Dr. Fishkind stated look on Table 6,' Product Type, Total Cost Per Unit. seventeen. fifteen, twelve, seven and eight. Mr. Reinders asked is there anything else for our Engineer on his report? Mr. Anderson stated on reviewing it. I do have some small changes but I can get with him to make the revisions. Mr. Reinders asked are they editorial in nature? Mr. Anderson replied yes, the only one I would want to note for the record is that you should not refer to these roads as private, they are District roads. Mr. Comeau asked" does the existing preliminary plat that has been submitted accommodate both Ronto's product type and U.S. Home's product type for allocated sctbacks? Mr. McKenna stated on the preliminary subdivision plat, Collier County does not require a resubmission of the preliminary subdivision plat so it was the final plat that was submitted and I believe you have a copy of that original submission. The lot geometry has not changed from that time. There has been more or less editorial comment submitted by the County but I am not prepared as to what product type it is going to accommodate. Mr. Comeau stated I requested that the District Enginccr come back to the Board with certification that the actual product types that are anticipated with the minimum windows that are required for product type that the preliminary plat and the final plat do accommodate that product type. Mr. McKenna stated we can provide that certification, the model that we have been given, the footprint. does fit on all or the lots. Mr. Comeau asked including pools and such? Mr. McKenna replied yes. what we have talked about doing is modification to the zoning r~gulations to the PUD which would allow the setback to run back to the lake. Mr. Comeau asked are you saying you are going to have to modify the PUD in order to accommodate the pool? Mr. McKenna responded what we talked about for the pools was to move the lot line to the lake so that the rear portion of that lot would be encumbered by a water management casement and the setback would run to the lake as compared to running back to the heginning of the water management easement. Mr. Comeau stated the rcason I bring it up is that Dr. Fishkind's analysis is based on this preliminary plat that has been submitted and the preliminary plat .... ..,. " p' : "". .: I ," ~w "r '. , ..~ ",';.. November 12. 1996 3 is based on a product typf' upon which both Ranta and U.S. Home hope to be able to develop on this based upon the improved PUD. Mr. McKenna stated for the record let me state that at the County there is a preliminary subdivision plat, it is a separate process. What we are talking about is the final plat, the construction plans that have been submitted albeit not completely final because there are changes being made to it. I don't want the preliminary subdivision plat to be confused with what we are talking about here. The preliminary subdivision plat has not been modified. it isa separate permitting process that took place prior to the County allowing you to submit the final construction plans and plat. The plat you fire referring to is the fina' plat which has modifications occurring to it and there will need to be modifications to the real' lot line in order to accommodate the pools. Mr. Comeau stated it is going to be handled through the plat, you are not going to be going for any rezoning. Mr. McKenna stated no rezoning. that is correct. We have had some discussion, we had a meeting last week regarding this and I think there are still some questions that we need to get resolved for the submission to the County. \Ve have not moved the lot lines and we need to finalize that. Mr. Comeau stated for the purposes of adoption the methodology is fine. Mr. Reinders stated just a general question. We have the Estimate of Probahle Cost and these are cast as going-forward costs to complete the project given that it is somewhat in flex. Mr. McKenna responded no. these are considered to be the costs for the project in total. Mr. Reinders stated that is in all likelihood to the extent that the costs to complete arc less than the total cost raising the necessity to talk about reimbursements to the Owner-Developer for certifiable value of the work currently in place. Mr. McKenna stated that is correct. Mr. Reinders stated I assume there is some slack as to categories when it comes to that final analysis. Mr. McKenna stated there doesn't have to be. ,i Mr. Comeau stated the contingency amount is rather 1ight.~)'" Mr. Reinders stated I think that the real contingency is the fact that to the " h.;jJ. extent that the cost to complete would be more than we would otherwise 'hope. it "'. .. ~ ' ,', f" ,1\0.: ' ~, will simply reduce the reimbursa~le amount to the Owner-Developer.' In other "_,,"'_"'~''''m''''''~__'''~"''' ~.' ~"_'""''''_'''."___,,"",,...____,-,_,_ .,..."~"'",_.,..,.,,,,,<.,-,<.,,,,".'-""'~_ ".,.(".,;~'.;v";"i,,,.~..,,,,,,._ ",~"., ;.',........ -c,.";. "'.;._..,..~,-"".._,.J>;'.,"'."''-.U,..."".~..._< . November 12, 1996 16G 3 words, I think the intent would be not to seek full reimbursement until the work is complete so that we don't run into any dollar problems. The contingency becomes the value of the work in place which is not insignificant. Are thcre any other comments or questions with respect to the Enbrineer's Report? If not, we will move to Dr. Fishkind. Dr. Fishkind stated in terms of the assessment, as you can see this was updated as of yesterday because of the changes that occurred in thc project at the time. The Board had originally adopted as assessment report. This report that we have today is an update of that initial report. It utilizes the snme initial methodology for distributing the debt to the land uses within the District benefiting from the particular facilities that are described in the Engineer's Report. Since we now have an updated Engineer's Report and a preliminary plat in with the County, we are in a position to update the initial report and that is what this docs. Decause this was an update, I didn't discuss some of the issues relative to special assessments and I will discuss those for the record as we proceed with the report. We built directly on the District Engineer's Report that Mr. McKenna has just described for the record. In particular, we rely upon the cost estimates and the distribution of those cost estimates between the District facilities and the non-District facilities. The Engineer's Report describes. and I have had extensive discussions with the Engineers concerning that distribution and I am very comfortable that the $4,407.550.00 is the amount not only necessary to complete the improvements for the District but encompasses the total cost and, furthermore, is a fair allocation to the District properties. Generally speaking. the methodology first takes the cost estimatc. $4.407,500.00, and looks at bond size that was developed by William R. Hough & Co. and that is $6.000.000.00. You are going to be issuing $6,000,000.00 in bonds in order to generate construction funds of $4,407,500.00 with the balance of the moneys going to capitalized interest, debt service, reserve and cost of issuance. It is $6.000.000.00 that we have to distribute across the benefited properties. The particular facilities and services that are going to be funded are des~ribed in the Engineer's Report and in good detail. What the methodology does is to distribute those costs on the basis of the benefits received by the properties. The first thing we did was to ask the Engineers to articulate those costs as to roads and roadway-related items and everything else that is not roadway. The roadway-related items were allocated to the properties on the basis of the trip generation because it is the capacity to exceed traffic that is, in essence, the benefit that is provided by the roadwny and related improvement.s 7 ,,"'__','~',.'" ...,.<_,,~__._,._..__, .'4~__,~~~;_^,,,.'_.J~,,,,",,,,,,&-..,,,,,.,.;",",,-,;,,, ,,,,.y~,~,,,,,,',,,."'...4"(';''',"'''''}''.'";''''''''''''''''''_'"'''"''.,......".,'"''"'"..'" November 12. 1996 The othcr improvements were distributed on nn acreage basis but the way we did it was to articulate that on the basis of equivalent residential units so we have classes of propertics that are based on the types of development products that the Developer and land owner is considering for this project. Those are shown in Table 1. We can see the current spccification of unit types that is 529 units on the preliminary plat on 72 developable acres. That is the land that will receive the benefits of this program. What we did was make a standard residential unit set at the density of the estate lot.s and ratio everything else on that basis using that as the standard. That makes a lot of sense given thc way that drainage improvements and landscape and security benefit land as opposed to the way in which roadway improvements benefit the capacity to make trips from that land. That is the essence of the methodology. On Table 5 is shown the various trip rates and the calculation of the trips and the number of units and the distribution by percentages and that is how this debt is distributed. Table 6 shows the results. If you look at the top panel of Table 6. you can see $6,000,000.00. a total cost as it is divided betwcen roadway and capital and articulated by each of the unit types. Then you can see the total cost per unit and those are driven by the trip rates and the densities. In this project, it is anticipated that there will be a paydown of the debt at some period of time that may come before closing so that is what we are showing. That is illustrative. there is nothing that the District is going to do that would require that to happen but that is the current plan. Table 7 shows the Tax Roll based upon the preliminary plat. I want to state for the record there may be some changes as we move from preliminary file plat and if so, the methodology described here and illustrated on the basis of that preliminary plat will provide the Board with the guidance by which it can in an easy administcrial way to accept the methodology simply make the minor adjustments that might ultimately be needed should there be any changes from the preliminary plat to the final plat. I can state that I have had discussions with the Developer. I have a good understanding of product pricing in these markets. Companies that. I am on the board of participate actively in these markets_. I can state with very strong convictions the benefit conferred on these lots in general. and on each type of lot in specific. far exceed the amount of lien that is going to be assessed against each of these lots bya very significant multiple andtth~tefore. these benefits arc in line with the kinds of costs we are talking about.I:inally. ~"r;~~ may I make a point that toe special benefits conferred on these properties,that are S~;>:';'. 8 "'....._,'......,. "" 'W "t' .. .".. __,'"'*"~,"'"'...<"""....""'__.._,,'_1!.'""'w'~""<",',,'~d'" ....."."",,"", ,,,.",,, '.,,'<.,' ',," ",.,;..,.",., .', ,;",,"'- ."., November 12, 1996 3 paying for these improvements arc different in kind and degree than the general benefits that accrue to the public. The fundamental bottom line is that without these improvements there is not going to be any development of these lots. It would be physically impossible so it is ,this improvement program which allows for development of these lots and that demonstrates more clearly than anything else the special bcncfits that thcy gct compared to any other general property in the community. That describcs the methodology and 1 will bc pleased to answer any questions. Mr. Reinders stated harking back to a discussion I heard a little while ago between Mr. Comeau and the District Engineer, if in fact the rear lot line in accordance with the plat 'on the estate lots, single family lots, is marginally pushed back such that therc is a little more acreage in effect in the conch home than the single family, is that going to change the allocations in any form? It seems to me that to the extent it deals with density rather than pure acreage it doesn't change it at all and to the extent that it might deal with acreage is immaterial. Dr. Fishkind stated J would agree with both of those comments and that is why we moved from a stafldard of pure acreage to a standard of unit classification because each and every lot is a little different and I don't believe that those appropriate differences are significant enough to require that fine articulation of these assessments and rather T think the use by classification is ,more manageable and is very fair to the landowners.'>;!', Mr. Reindcrs statcd I have a gcneral question. I am not sure how directly related to the assessment methodology this is but during the period of active development, the period during which the Construction Fund is being expended for the infrastructure. we have two accounts, one being the Debt Service Reserve in the amount of ten percent of the bond issue and one being the Capitalized Interest Account to carry the issue through its first eighteen months. Interest earnings on those accounts can or can not flow into thc Construction Fund?.!.. Mr. Ward replied interest in the Construction Fund will remaiJ:l.',!n the Construction Fund to bring it up to the $4.4 Million level. I do not recall"where ""~'Jl:~i" interest flows on the Reserve or Capitalized Interest Account. Generally~'on the Capitalized Interest Account, it is net funded also so it will stay in that accotnt to ~;'l:J1:J~:1;t meet the capitalized interest requirements during the constructionperiod:'and generally the Reserve interest during the construction' pe~iod will g~~i;o the 4f"Jii;" Capitalized Interest Account but that is not always fixed... I don't know\Vhat the .. '" ,...__._'''...,.',.'....,..'_..,"=,.~_____''',..''''''''___'''.,,'',___.,.~__.......d.......'...",' November 12,1996 1 6G '3 I documents say on this trnnsaction at this time. After the construction period is over, Reserve interest will flow to the Revenue Account which is used to adjust the amount of the yearly payment that a homeowner or landowner will make towards the assessments. Mr. Reinders asked is that more a function of the Bond Indenture itself? Mr. Ward answered it is totally a function of how the Indenture is written. Mr. Reinders stated that is something I should address with Bond Counsel. Mr. Ward stated I do know what we have asked them to write in the Indenture and it is that in the event of a prepayment. that ten percent of the Reserve Account automatically be transferred to the Prepayment Account to be used as a credit towards the amount of the outstanding debt on the prepaid lot so that by the end of time. you have netted out to zero, and I assume that is where it will be going also. Dr. Fishkind stated in this case, Mr. Ward accurately described how the Debt Service Reserve Account works because it is ten percent of outstanding bonds so, as debt is extinguished through a process of paying down that debt, that is credited. In this application because it is the intention of the landowners to extinguish the debt as sales are made, it doesn't matter where the interest income flows because all of it eventually will accrue to the benefit of paying off bonds. If interest is used to payoff bonds or if there is excess money in any of the accounts and the debt is extinguished, it is that much less debt that has to be paid down each time a lot is closed. MI'. Reinders stated I acknowledge that the net effect is what you say it is but I am more concerned with the internal use of the funds and to what extent we can reduce the net prepayment amount later on. Mr. Ward stated you can do it either way at this point. We do need to look again at the way the Indenture is written. Mr. Reinders asked are there any questions or comments with respect to Dr. Fishkind's methodology? Mr. Comeau stated I am looking at Table 6 and I am looking at your Roll. I see the methodology for estate lots and the amount is $17.498 which correspo~,~s to your total assessment breakdown. Same thing holds true for executivet"ots at $15,373. It all correlates correctly with the multifamily at $8.417. Then I'lib~k at the duplex and I see that is supposed to be $12,588 and I see $15.177. Dr. Fishkind responded there are two units on each duplex lot nnd!s~ould have mentioned that. It is discussed in the text and I know that the sup:~isors 1 6GJf{ 3 " )j"K~.' ~y. <~~~~~r haven't had much time to read that. My apology for not having noted that ~.~. my "I. comments. On coaches. there are four units on each lot. .,*~",. Mr. Reinders stated the Tax Rolris based on a lot basis whereas",the '>'~}"'if,u>;~t '. '. '",' individual asses~ments are on a unit,~a~~:i(;{!ti.~\'~'~';t~'1;:: ........... .,>:' .';. Mr. Harris stated with thevil1as~:',thc:only one,thatisJee simple s the ro.'-, <;~", :,~!1.j;~~"1',::~ -;tthS,~, ;"'~,L-.-~,1i~';;:~r ;"::\i;':,5<;.tr}~::1:'!"}':- .-,,:"""';,)'4i ~:1.i,!f;G~,'" -' ':: ','., multifamily besides the estate and singleramily.;J~:i;2~)}':t:~i'::' ';;,';.. ',"'11 Mr. Reinders stated it is the only single unit per lot. There will be other fee ",:.~ simple conveyances.!l~i Dr. Fi~hldnd stated the estate lots are fec simple, the executive lots are fee simple and the multifamily are fee simple. On the plat, each multifamily has its own d~fined lot. Mr. McKenna stated one duplex lot contains two units. Dr. Fishkind stated one coach home lot contains four units. Mr. Comeau stated with the multifamily being separate. Dr. Fishkind stated that is correct. Mr. Reinders asked are there any further questions or comments from the Board? There not being any, the meeting is open for any public comment and/or testimony. Hearing none. November 12,1996 On MOTION by Mr. Reinders seconded by Mr. Harris with all in favor the Publie Hearing was closed. Mr. Ward stated the next item on the agenda is the consideration of the Resolution which Mr. Anderson has prepared and he will go through, that Resolution with you.,';';~W Mr. Anderson stated first of all. this is a Resolution to be adopted,in the ",-;':-ift,: District's new name. A week ago today the County Commission approyed the , ,- ";';.:i;;.;'~'''. ;', name change and this sets forth the estimated cost of construction that has been '}:,'Iif.l' previously testified to as well as the amount in total. which includes financing "jJ;'ffi;~.'; costs, of $6,000.000.00. There will be two exhibits to this Resolution. The fi,rst one <",1 will be the District's Engineer's Report which will be Exhibit "Alt. Exhibit :~~~" will i}' ? ~~I' be Dr. Fishkind's report. As part of the adoption of this Refiolution YO~;~1Yi11 be taking into account the comments and questions in testimony that jusf()ccurred and you will be acting as a Boardor Equa1i~~t~on t~~q~~llze.thc~e~s~~~Tents based on the evidence you heard.' Al~o,this'R~solutiori~m:~~1M~"tii:rat~s=time the construction has been completed, 'yo~,,\yillag~in:;:~~~~~W~nE 't~\1*'ation ii" ,t" ~,,-:~,~*L;'i,;~~;~.1nr~,; :';,~;'~~~' ,.. ;,;~~~iiti~I~~~ ___~__,. _.__...._t ---........--...,~ . Ll. ..._____..._...T_ November 12,1996 3 Board to finalize the special assessments and rebate back, if there is any less cost, ",.'\;~lI!! a credit to any of all these lots. I will be glad to answer any questions that you may {~r;~t h~. ~~ Mr. Reinders stated I will pose the same question that I asked earlier. When you speak of meeting upon completion to adjust or credit back that would, 1 guess. automatically deal with the matter of reimbursements for a work in place to the extent fundable out of the account. ..:;~ ':'~!;",:, Mr. Anderson responded yes and we will at that time need to have an acquisition agreement. Mr. Reinders asked are there any questions or comments for Counsel~vith "'~>- >t respect to this proposed Resolution? Is there a number for this Resolution?'l,;;~" Mr. Ward stated we will fill it in later. Mr. Reinders stated there being no questions or comments, On MOTION by Mr. Reinders seconded by Mr. Comeau with all in favor the Assessment Resolution was ado ted. FOURTH ORDEn. OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer There not being nny, tho next item followed. c. Manager There not being any, the next item followed. FTh'TH ORDER OF BUSINESS Supervisor's Requests and Audience Comments " ". ~,. Mr. Reinders asked arc there any requests from our Supervisors? ;t;'~L , " , :-:,~.(t", ~'..,' i~~,q.'"1"l Mr. Harris stated I was talking to Ricardo and it seems that the South Florida Water Management District permit needs some additional informaU~~n on ~:,--'s~'h' ownership. There arc several owners and they want to have the ability.t~ pin down one owner and who is going to manage it and who is going to be resp~ri~ible. .:~.,~". Is there any kind of document that we can provide right now that gives them}hat comfort level? . 12 November 12,1996 Mr. Reinders stated why don't we deal with that in an administrative ,;..\$iF setting and we had planned to have a meeting with our Engineer aftethis ,/),,'/ ' ,;'1< meeting and we can discuss it at that time. {}::,r:i;f;,{ ;:;' Mr. Bailey stated currently the District is ina state of financial emergency. At what point will that status be lifted? Mr. Ward stated the reason the District is in a state of financial emergency is because the prior Developer of this project did not fund what were esse~tiallY 'H~P' operating expenses of the District for the past close to three years. That mea~~ the District has accrued a liability on its books for whatever the amount of money is, which is mostly related to professional fees for the District. It doesn't ha~~'any outstanding non-discretionary expenses such as legal advertising or things of that nature. None of the professionals have indicated that they are going to try to ,"I., do anything to foreclose their rights to collect those moneys and think that 'all of n;i the individuals that I am aware of have agreed to work out a solution f~r the ,;/...;., payment of their professional fees subject to the closing on the bond issue that we are doing. I think that as a part of the bond issue itself, the District,,,will automatically turn itself around and pull itself out of the financial emergeric~that :1':j~ -J it is in and at that time, all of the paperwork will be done to pull itself out of the :i ;:,\' ',; state of financial emcrgcncy.!;\~ Mr. Reinders stated I will confirm that. In fact. there are agreements to . ,,,tj:' forbear pending closing on the property and arrangements made at that~!?sing which will satisfy those current liabilities. ;"'~~I~I~, Mr. Bailey asked who makes the final determination. somebody at th~'State level that the District is no longer in a state of financial emergency? ';.$ 1,:' Mr. Ward replied no, the State hasn't taken over the affairs of the'District tiitiiliiitl'eJ and that was through the good work of Mr. van Assenderp's firm to ins~t~~~hat that would not happen, so at this moment it is still at the Board level andi~u will ;""~11 ~ull it out of the state of financial emergency at the time that you do~~.~ond closing. Things will automatically be turned around. When you see Yo.~~audit statements. for a year or two, they will look terrible because it will be reflecte.dthat we were in this financial emergency but over time, it will automaticall lear , I itself up. Mr. Reinders asked have we bee~, paying the benefit of these Supervisors? Mr. Ward replied yes we have. 13 c>;O;?<?;1 November 12. Mr. Reinders stated I assume Developer. Mr. Ward stated yes it was. Mr. Reinders stated if there entertain a motion to adjourn the G" ~~~,; · . 1::,11 ~ary Moye . . ..?':T Secretary Tuesday November 12, 1996 . 9:00 A.M. 1. 2. 3. Roll Call ~f:"", _ '~_._ '0" ,_ .. ;;',_. ,':~'J,:;.;,~:_~.,<,'_> ,:;;.' Approval of the Minutes ofth~ September 25,'1996 M~eting'" Public Hearing on the Adoption ofa. Resolution Establishing'S Assessmen ts: :'t>)i~:{~:t') 'f~" ;'3,)~',,'.F"'\';;jr~:)?:' A. Discussion of Assessment ~ethodology , ;, :,; " : " '. .... I ; '( ;~: "'~j ,.,..~ ~~;'"' ~J~ " I ~'-:~~< '-~ ;,,l' '; . _'," M"'_~'. ....,.. "t."~f:",-:_:',;" ,1. ..,,' \.....~ f,.~, ~@ ~1 ) ,~.~ B. PublIc Comment and Testimony~';(' Y' ',' ',' ~ j ';" \< ':;" ..~,:C,:,. C. Equalization of Assessments' , D. 4. Staff Reports A. Attorney B. Engineer C. Manager 5. 6. Adjournment or om ';"1+~'''< '::t:~~(iS;~",t':.~,..,,:~ I, Peter Comeau, a resident ot the Sta~,~...~rFlo~,~a a~.hCltizt~! t~~i~nited States of America, and being aSuper:vi9or"oLthe,r1tv~"tf"ointeCom.munity :;/'~';"~::j:,,;', ~'.\r;~' ,-~,:-,:'rJ;!Ij~:l:':"'''''-' ': 'i:'.;:,';~"~-.~'~' ""J,.~'''-'' .",,~"'f'~'~ ....,It"i''' . "'ff~ltItll'; Development District and a recipient' or public funds on behalf of the District, do i' ",'t~, hereby solemnly swear or affirm th.~J,I<!l,~~~ suppo~the,,~2ons~~~~ion of.t~~;~~ted States and of the State or Florida;' a;~d.~n/~~t~~ful1Y~,honest1y and ImP:tii~.!!l. s1~:rge the d~ties devolving up~n~,~,;jn,\t~,~,;,~mee~fS~.~~~~~~r;~~,the' ~,cwc, J-' ...~nte Commum ty Development I?lstn~t,',Coll1e1"' CopntY"F:Ionda..::~j;';1f:'f;",~I' . .~~~~., '~l1'~.,'"'..,......,, .~~:t&t:,~W';j;{~:m~ t . ", '[: ' .."X?jl .,i<0'~iX :' rp..~U1 ", Peter Comeau A RESOLUTION OF THE BOARD "'OF SUPERVISORS OF THE HERITAGE GREENS (formerly known as Dove Pointe) COMMUNITY DEVELOPMENT DISTRICT OF COLLIER COUNTY, RELATING ," TO THE IMPOSITION, LEVY, COLLECTION AND ENFORCEMENT OF CERTAIN NON-AD VALOREM SPECIAL ASSESSMENTS TO PROVIDE PROJECT IMPROVEMENTS ON PROPERTY WITHIN THE DISTRICT (KNOWN AS THE HERITAGE GREENS PLANNED UNIT DEVELOPMENT) CONSTITUTING THE ASSESSMENT RESOLUTION; EQUALIZING, APPROVING, CONFIRMING, APPORTIONING, LEVYING AND DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THE PROJECT IMPROVEMENTS WHERE COST IS TO BE DEFRAYED BY THE NON-AD VALOREM SPECIAL ASSESSMENTS; PROVIDING THESE PORTIONS OF THE ESTIMATED COSTS OF THE PROJECT IMPROVEMENTS TO BE DEFRAYED BY THE NON-AD VALOREM SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH NON-AD VALOREM SPECIAL ASSESSMENTS SHALL BE IMPOSED, ,LEVIED AND COLLECTED; PROVIDING WHEN THE IMPOSITION AND LEVY SHALL TAKE PLACE; DESIGNATING THE LANDS UPON WHICH THE NON -AD VALOREM SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; APPROVING AND ADOPTING THE FINAL ASSESSMENT ROLL; PROVIDING FOR SEVERABILITY AND CONFLICT; PROVIDING AN EFFECTIVE DATE. ':;,/ WHEREAS, the Board has adopted Resolution 94-2 determining to make or cause to be made certain project improvements and:,de,fray the expense thereof by non-ad valorem special assessments ("sp~cial assessments", "assessments"), and has published Resolution9~~2 in accord with Section 170.05, Florida Statutes; and WHEREAS, pursuant to Section 170.07, Florida Statutes, the Board adopted Resolution 97-1 setting a public hearing for November 12, 1996 at 9:00 a.m. at 277 North Collier Boulevard fo,~I,the purpose of hearing public comment on the levy of the non-ad valorem special assessments and notice of such public hearing has~lbeen given by publication and by mail as required by Section 170~.07, Florida Statutes' 'and .";E')i~I{:A:~',,':/'fi '.< , . . " ,:f,1 iq~,\{,;;;'t~~: "'~~~'.!;~: /n~;;:;;;~r '. WHEREAS, pursuant to Section 170.08,' Florida Statutes, ,the Board did meet as an equalizing board and held a public hearihg on November 12, 1996, at 9: 00 a. m., to receive testimony from affected property owners as to the propriety and advisability 'of maki.n~the project improvements and funding them with special'assessment'~ion property within the District as to the cost the:r~of~K,as' Ehe manner of payment therefor, and as to the amounti~thereo .~be assessed against each property so" improved and ' ~., . ~ .}~:_f~: ?t-r!,~~#~,j~~ ":':~v"',~: ;":--:,;.:.,} 1;" .... ,:,::i;.., " WHEREAS, the Board is empowered by its charter.and is authorized to provide the project improvements,.,',;tC),:issue,\,Sp~Cial assessment bonds and to amortize those bonds ,by the: levy of.;~'rion-ad valorem special assessments on property; and>".r;J:: ,- >":t ~:I""'. ,,,r,t ".,' '-' "'''-':''';;'-;;>''-,\1;:.-/},: ':' WHEREAS, the District. has ascertained 'and"'determinea. ,that special benefits shall accrue peculiar. to the parcels of property involved, over and above any general community-wide benefitsttlfrom the systems, facilities and services constituting the project improvements, and that the duty per parcel to, pay foiJ.d(~hese benefits shall be in proportion, that is, fairly and reasonably apportioned per parcel, as set forth in Exhibit "" attached hereto and incorporated hereinbY:,reference; and 'i '\',\,,",,1":"):; WHEREAS, the District has determined that the non-ad valorem special assessments shall.. not exceed the special and peCUliar benefits to the property,;,:and;hasr:i:adjusted.,and.; equalizea' 'ithe assessments on a basis of j\Jsticealld right;~:and ':':~1{' ' j,?,~ WHEREAS, on November 5, 1996, the Board of 1,;1 ounty Commissioners of Collier County, Florida approved an amendme~t to the ordinance which established the District to change the name of the District from the Dove Pointe Community Development District to the Heritage Greens Community Development District.. ;;~ ~'~4~ . tt', NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT,' COLLIER C,OUNTY, FLORIDA: , 1. This resolution is adopted pursuant to provisions of Section 170.08, Florida Statutes. The findings and determinations set forth in the above Whereas clauses are true and correctw~nd by this reference are incorporated herein"J ,f~~,~ 2. This resolution constitutes the assessment resoluton, ~~~~~~;~g ~~~e a~~a~~l h~~~~ia~~;s a:s a~~ji~:l;~;~Ia~.~o. '~.~. ~e;~m~~~~~:~~ hav~ng adJusted and equal~zed the assessments ona,tbasts,:of: . !ice and right .:'),:;8c';;;,",', ..':.:>'~~N :~,ij : -.:-' ,< ,", ': --,""', . .-. "'('; ,';'i'~:,: '- -", ::: '_')<-'". 'f;'~ 3. The nature and related aspects of project~improvem ts, inCluding the location of the improvements, are:as~: set:;,fort:~in Exhibit "A", attached hereto, with more specific drawings Of,l:p.1ans and specifications on file in the offices of the District,Engineer. ':')';;\:+;",:,~:r ..L~.' 4. The special assessments shall be levied. on all,':;l()t lands adjoining and contiguous or bounding and abutting 'upo'ri improvements or specially benefitted thereby and further~esf" by the assessment plat hereinafter provided for. ):i\'~I/ !;,," 5. The estimated cost of the improvements is:$4,407 (hereinafter referred to as the nEstimatedC~st"l, '(,; :<f;:.l ,~ 6. The particular non-ad valorem special assessment.s."'ill defray approximately $6,000,000.00, which includes the Estimated Cost, plus financing, related costs, capitalized interest debt service reserve and contingency. ? 7. The manner in which the assessment set forth in Exhibit "B", attached hereto. 8. The offices of the District Engineer, Agnoli, Bar Brundage, are located at 7400 Tamiami Trail North, Suit Naples, Florida. 9. At the referenced location, the District Enginee !~,has available for inspection an assessment plat showing the land!areas to be assessed, complete with plans and specifications describing the project improvements, delineating the Estimated Cost.l;1hese documents will be open to inspection by the public. 10. In the event the actual cost of the improvements exceeds the Estimated Costs, such excess shall also be paid by the Dis~rict from additional assessments on the specially and pecutrarly benefitted property on the assessment plat, or, alternativelyalfrom contributions from other entities, as and when authorized specifically by the Board. 11. It is hereby ascertained, determined and declared. hat the project improvements as set forth in Exhibit "A" shall:iresult in special benefits peculiar to the parcels of property invotved, over and above any general community-wide benefit; it is .,f\.t'~'fher ascertained, determined and declared that among the. s~ecial benefits so derived is the added use and enjoyment of the property. ;;,;~ 12. It is hereby ascertained, determined and declare~tihat the apportionment of the duty of each parcel owner to pay.~the particular non-ad ~alorem special assessment, the subject of.'~his assessment resolut1.on, shall be based upon the total equivalent units as set forth in the assessment methodology and~~lated provisions of Exhibit "B" so that, thereby, the duty topa~t is fairly and reasonably apportioned so as not to exceed. the amount: of special benefit peculiar to each parcel of property.U 13. Based upon this determination"." ascertainmen~ declaration of special and peculiar benefit td~propertyand3 duty to pay apportioned in a fair and reasonable '... manner: limited by such determination, ascertainment and declaratict' final assessment roll as set forth in Exhibit"B"which(show lots and lands assessed and the amount of the .... non.;.a:dil;..."al' special assessment levied against" eacl1.'. parcel,. of~:p:J:~per,t~1 fair and reasonable basis, and thei:number of anhual;"lpstallrnen to which each such assessment is( divided is ;hereoyjapp'ro~e ' adopted. Such sp~cial assessments shall constitute:;leg'al'i ' and binding first liens upon the property,'against.'.whic r" .;~/i" ,~i;::~.', ':::{~j: ,,;," ~,"~ I~:~l~t,,' -3 - ""it:;~;,i{:"V1l' ~'~',\;,:i~,;,;",,::,"r,'~/;,!,:~', .'.....!,i, .' ;~:~~i';;:r</. . ... " assessments are made until.B;'P21ld;;;,i:however;,:f;upon."cpmpletio. ..' the improvements the District:shall~t9redit,,~i:o' eachrof~'the assessments the difference in the assessment'~s originally made, approved' and confirmed and the proportionate<;part of the actual cost""o;i, the improvements to be paid by special' assessments asfihally determined upon the completion of the improvements, but in no~event shall the final assessmentexceed,the ,amount..of,benefits originally ass e sse d .', ....1::. ::~:t{.. ,~;'r:{'~;f~;,'::,~~'<;"';I~N';:;~';;:~;T':; 14. Commencing within;:,~he;;;y~ar;the non-ad,valoremlJ'special assessments are first' leviecl'':i;'eJ'shal ';:pa,!~.~,~n\I'1?,;:;;,,~6r than twenty (20) annual installments,;"Y}C.:j(i;~;r:r;~J~ ,{C,'_ 15 . Severability. If any' section orpart;fof a see;! this Resolution shall be declared invalid or unconstitution' validity I force and 'effect ofany\.;other section or pare. f a section of this Resolution shall not thereby be affect,ed or impaired unless it clearly appears that such other sectionoiipart of a section of this Resolution is wholly or necessarily de'pe1ident upon the section or part a so held .to be invalid or unconstitutional. ',,:.;:;1;~~1~ , '";,~;( ~." .~ 16. Conflicts. All resolutions, or parts thereof in conflict herewith, including specifically Resolution 94-7 are, to the~extent of such conflict, hereby superseded and repealed. ~fc.;i,.~ 202010011 17. This resolution APPROVED and ADOPTED Attest: .:,4 ~.~~ . -'" ..;.;.......~ " , Gary Moyer-..; Secretary and District . , , Engineer: AGNOLI, BARBER & BRUNDAGE. INC. Professional Engineen. Planners & Land Surveyors 7400 Tamiami trail North c; Naples. Florida 34108 '-'.. ',-~::,':-:'~,i~r, _':'~<:;">:_' :.',. Firwtcial Advisor:::' : . ;:\(::~.'::+:~-f::.'t~~~,.~,: 'y'\ Fishkind &. Associates, Inc. ,. 2424 Re.search Parkway, Suite 275 Orlando. Florida 32826 , . 1.0 Introduction 2.0 District Boundary and. Properties Served 3.0 ~nera1 Description of the Project 4.0 Propoled Improvements and Associated Construction Costs 5.0 Proposed Anessmcnt ~ TITLE 1 Property Summary (Table 2 3 lID. Trrr..n 1 Site Plan 2 COD DraInage Plan ~ TITLB A n Status or ApprovaJ. and pC1'tnltl'7 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT ENGINEER'S REPORT ,~,.' ,........,..;.'...'''.' :- ;(",\,;f':}",'V .'~ 1.0 INTRODUCTION Heritage Greens is a 252 acre planned residential and golf course community development located approximately 2 miles east of Interstate Highway 7S, on the south side of County Road 846. (Immokatee Road), in Collier County, Florida. The configuration of the community is shown in Exhibit 1. The purpose of this report is to describe the Heritage Greens Community Development District, and the land uses regarding the proposed. required capital improvements and timing thereof, apportionment of the costs for capita.! improvements. the recommended financing scenario, and preliminary assessment roll. The Heritage Greens Community Development District was established on July 20, 1993 by the Collier Cowny Board of Commissioners. pursuant to Chapter 190, Florida Statutes for the purpose of providing an alternative method of managing and financing basic services for the conununity . development. The Heritage Greens Community Development District will give the property~~ers i'-'(}~.t an efficient mechanbm to: '. ,': .. 1. To assure the delivery of basic community services at sustained levels of high quality over the ~~t~; ~t 2. Useless expensive front end capital to finance the installation ofinfrastructurc,,~,lii, . };d,j', 3. To economically pay for the operation and maintenance of infrastructure and serviCes., ':",._ "i!"'"'.',,_,1,"';"'~'; Therefore, landowners residents within the Heritage Greens Community Development District may :,'~~"~i typically experience tower unit assessment cost for capital infrastructure and the deJiveryc;rbasic ~~,~~~!1l,'\ " services and potentiaUy lower administrative costs IS a result of a localized single pUrpose government. Itemized below arc the systems facilities and services which are coDtemplat'~ for ~;t-','; f,' financing by the Heritage Greens Community Development District. tiJ~;w. WP.l~.50~ 2.0 DISTRICT BOUNDARY AND PROPERTIES SERVED ii' ' The District is bounded on the north by.Immokatec Road, (County Road 846), bY,t~~Laure1 ..;~:- - ;:!,.<\", ';":-")"".:~~1~/f,;;; Oaks Elementary School. and Gulf Coast High School which is currently under construction; "on the '_': _ . ','," --" '<.;, ',..';$':""::,":~'~,f;::"_>_~i,:'" _ -, ':~1~~~:;--~:t, ~> east by the proposed extension of Logan Boulevard, on the lOuth and ori'thc,~est by .SricuJturaJ ;!"', J:':':.. ";_~'i;',:" - '''{~~{:',r lands. ,Tsble 1 indicates the land uses and acreago proposed within the District boundaries: 3.0 PROmCT DESCRIPTION The existing aite is currently a partially developed area; the undeveloped portion exhibits elevations of'approximatety 13.0 fe'et NOVO. Heritage Greens hu its entry from ImmokaIec Road (County Road 846,) A network of priVAte rOAd~ys will be constructed within the development, pleue refer to Exhibit # 1 for the proposed road la~~u~::I \,,:[(,~,;~:f, The water management system for Heritaae. Grc:eM ba., been designed to operate through a series of Wets which collect storm water which hura1le;o~~~thc ro~dsJ r~sidenliaJ lots and recreational , " "'..;: ~"',;,i ":;/(~~;'; :"l?::'~>;; golf course. This is achieved by conveyfng the stonn water below ground through a ne~,~~rk of "";\,i,, reinforced concrete pipes that discharge to the lakes strategically located throughout the golf course. TIlese lakes are interconnected with pipes such that their elevations are equalized. The lakes provide '~, -,- ,,~t'~b,~~:~ the necessary storage and water quality treatment as required by South Florida Watet: Manllgement ~ '1, :' -,- }"- ""';.,',,;,::":i"i' /' ,::~ ~'~~~~,~;,' ;,i'~ }<~~:" District and Collier County. After being retained and treated in the lakes, the storm wate~:,~~ thclJ 'd(." , discharged at a controlled rate otl"-site to the South florid a Water Management District c~a(()n the """l\L,-~:. L;.!., ,,>;~~.:.'rl'. ',,<' ~."{ , " ,,:~'!-~;11j: north sido of ImmokAJee Road. In the future thIs drainage will be discharged to the south per modifications anticipated in the Basin MMtor Drainage Plan. ,. '.;~~;:i.~, Sanitary sewage is coUected by a gravity system made up ofPYC pipes and manholes which are . " .,\:,.,:';., ,"":,"':;" '~i'~:~';':"':i;~~;::'~";" ~', ':':~'<:"",~,.,,~i;~~f1i~'; undor the roads. The sewage flows by gravtty to one of four pump ~ations Jo~ted throughout the '< '>: ~,' '- :-::-": ;\,'~'-,-, ";';::'~,~.:~.~~,~ development. Three of these stations pump the sewage by pressurized p,VC tTanSnusslon mams .to a /:,.cf;:tf'-~~~~i;~;::;,:?j~+~~~;"f.. i..:;':\:'l;;.;'t'~:'~1l~~'r~~:;j,'~1~~.f:~?~;~~:'Vff~~~,i,::;::~it~{~jl"I~~4"", master pump station, which then pumps off-site to a Col1ierCount}1'sanitarysewage transmission . .> ..,.,:.,:):, ',i,:i:~r'~~:f:,;\fJ~~~1~~:~':\'~~Jt.~:;;;~'W~~'.Y malO along the south SIde of Immokalce Road,,";:,',\;n(';,;,,~:;,~',j~i~F:j:~!:~'\.';'t~~~l~~;::0:>;'~::~;1'!:.. . ' The water distribution system is fed from a tranmnlldon mAinaJorig the north sIde oflmmoJcalee Road, Potable water service! is provided to the area throush a network of6'" 8~ 10" and 12" PVC pipes Installed within the rlght-of~ways of the devci~~rri:;/ ,," ." . ., '. WP.l~'O.D0Cn6 f ',' \'!\t~5~,;~f.~i'it", ,i~~"'\-~~'?~"'3'~f1i,,;~~j,1~i~~~i';:Ri;; """C~'.iir"'" 4.0 COMMUNITY DEVELOPMENT DISTRICT'IMPROVEMENTS"'ANn ASSOCIATED ~: "~ 'c..:,-\,~)'I'~,,~':.:::> i'!~?~t,J~~~,.,;-t::~'::,'. ,(1;."'-{~';"'''::iI/{:\:,/'\ :',' ,'_ /~(' ,:i_~j'f_il: CONSTRUCTION COSTS ';,,';,;~~.k'W::'ti ';.r', 1'~"~';;\'~,<<, ,', , "',">';"'~~""*7"" ',,' ,," ,'" ",,~\:,~:?-:,,: I Facilities. the construction maint~ and o~tion or*tYhichar~to be financed by the District ;_,,:r/:'ir,)\ ,'- - --'/....:: - /i:~)",::~,~ - ~ may include: ',;, ;'{;\' 1. Construction of on-site sanitary sewage c;o~]:ction and tfaosmission~~~~.,,",,, .' 2. Construction of on-site potable water distribution system. stonnwater, managem~!systcm /''': .:"+' ," " ,';- '/ ~"{1~,~~;.-' ::;il-~~'- ~}; ~ ,;" ':j-j.1,:~ ,'ii"'; '_ _ -f"1:;1\~- '~~':.-~'--, ;':'~~~1~~,::.": including collection facilities, and lakes for storage and water quality. lntemalroadways ,',';:':1.:',"-"" including paving, grading. street lighting. sidewalks, etc. ,)i" , " ~:'"t ',' oj -,' .. ,'."' , "'-"-, 't,:;<,:<",,-\~,~I'.':""'A-i:":" 3. Landscaping wilhin road right-or-~~)'s, at project entry and on project~e,~mete' Elements. which will be conslructed by the District, but may be maintained and operated by others will include: 1. Sanitary ~c collection and transmission system. which will be dedicated to Collier County Water and Sewer District. 2. Potable water distribution system, which will be dedicated to Collier District. 5.0 PROPOSED ASSESSMENT 5.1 Capital Project SummaI)' A list of the proposed Heritage ,Greens COmmunity Dis~ct Capit,alProjects.and ,the }<~,;:,;~.:..'< "';.':'~: .;:it,_~,,":';')'\ ;::",/1 '~"':":;_:::::%'<'<;<~;' . ;,.~;'.~";~~J;;~'::,"':",<: ::~ >\','M~wl"" ": construction costs associated therewith is Indicated in Jab'lec :find 3.,i',Jhe total'eost forthe "I':{<;;;~'~{'<7"',~Lf>,,',~,,;:?, ":/"'-_\ .:',,"_ ,:. :J::,:x'-':..,:. <"~ -.,,-,~~:~t~~~~,~- ::_~:>' ;'~':::"' .-~~~.~::r;" L ,,,~( delivery of the infiutructure by the District 'to the Community Devetopm~t. includina ~ancing " "'f~<:.: ,,":0<:"_:,>-'/', ~s_~~:. ;..;:",:,::;,-, -~ k<"';~, costs is summarized in Appendix A "Prelimlnary Assessment Methodo,logy&: I1.Il~qnforo>' ',~ '" "~,::?i+,,'!'02l:,,,,:t;i"I~_~~i" ;'},'>~ . J/eritage Greens Community Development District" prepa.red~rFish}(in~,~1'~ate!'Inc.~; Eacl1 of these systems. fi1cilities and services ralls under the categorY' of a1~;;~bl~'aJ;d~~rized ~ > -, C,O:' ::: ""{41,~,tf,t:r, '.~';\' ;~";':,:. i-'l~~~~' '~f_ t~;;,' '", ~~ District activities as defined in Section 190, Florida Statutes and costs associated wilh'each is reuonabJe. 1 6G 3; TABLEt PROPERTYS~Y PROPERTY DijSCRIPTImi QUANTITY ACREAGE Estate Lots 27 6 Executive Lots 136 2S Duplex Lots 53 18 Coach Lots 20 6 Multi-family Lots 180 17 Golf Course Tracts 145 Open Space Tracts 1 Road Right-of-ways 25 Preserve 9 TOTAL: 252 Acres WP-l ()..{}40.so~ 5 ~ ... ",~I : :, ,-: ; ; ~ ,/..... ~ ~ ..' {l-l, .~;', " " ': I" .. J . J, I .' ~'.':' . ( . ~ J ~", It': '. TABLE 2 SUMMARY OF DISTRICT FACILITIES AND COSTS FACILITY DESCRIPTION Roads Other mSI $1,480.510 $2,926,990 TOTAL: $4,407,500 wp.t O44OSO.D0C.i96 6 1 6G 3 ._~._-...- - Heritage GrHnl Subdivision Agnell, Barber & Brundage Inc. November 8th,19ga 1 6G 3 TABLE 3 OrSTRJCT FACIUTIES AND PRELIMINARY OPINION OF PROBABLE COST DISTRIBUTION RESIDENTIAL ROADS Water $334 682 $334 682 Sanitarv ~alern $693,476 $693.-476 Drainaae $436 773 $438.773 Water mcmnt. exc, fill to roads $112.705 '112705 Water momnt. exc, fill to lot:l $410158 $-410.158 Water momnt, exc, fill to Dads $363,652 $363.852 Pavina & Roadwav S913.088 $913.068 Street liohts 560.100 S60.1oo Front Entrv Statement $30 000 $30.000 Contingency 5100000 $50 000 $50.000 Landscaolna $300,000 $300.000 SUB- TOTAL $3.756,833 PERMITS CONST, MANAGEMENT AND ENGINEERING FEES Permit fees $3 466 $1.733 $1.733 Construction Plans $~~ ,346 $19564 $39.762 Permitting - $30 000 $11 550 $23,450 Cer1lOcation $45000 $45.000 Utilltv- Turnover . $5,000 $5.000 Florida Power and Light $332 000 $332.000 Sorint United Telephone of Florida $53 355 $53 355 Canst. Observation $117.500 $11.750 $105750 OTHER SUB-TOTAL S650,667 $4,407,500 I $1,-480,510 I $2,926,990 1 TOTALS 1 7 c:'tt.:8rdo~wtl2 -- 1 6G 3 METHODOLOGY FOR ALLOCATION OF EARTH Fll..L MATERIAL In order to satisfy requirements for water mllJ1agemeot in the lIeritage Greens Community the placement of earth fill will be needed to elevate the land from the existing elevation to meet design grades, Fill will be placed both within the golf course as well as within the residential arca, The design requirements of the golf course will necessitate the placement ofapproximatcly 350,000 cubic yards of earth fill material, Within the residentialaretls. fill will be required within the roadway areas in order to meet regulatory and design requirements, Fill material will be required within the development lots in order to promote drainage until such time as homes are constructed, While this fill material could be from an offsite source, to import the fiU needed would be significantly more costly than to excavate lakes onsite. In addition, onsite lakes win also serve as water management facilities and create an amenity for the golf course and the community as a whole, It is the intent to construct the lakes to the design depth, A combination ofSpedal Assessment Revenue Bonds and private funding sources will be used to fund the excavation of the takes to produce the flit required in order to bring the golf course to design grade elevation, Special Assessment Revenue Bonds will fund the residential infrastructure setving the community, The fiU generated by the lake excavation will be utilized to fin golf course and the road right-or-ways, that material remaining will be used to fill the development tots, NP.I ~050.DOCl96 8 ~__...--_ ....~~.....tJ,.. 1 6G 3 METl IODOLOGY FOR ALLOCA TJON OF THE COST OF THE STORM DlWNAGP. COLl.ECTlON SYSTEM The Heritage Grtcm drainage collection system consists of t1 series of storm Inlets, and concrete storm culverts wherein wnter is routed to lakes which are within the golf course, The..~e lakes have been interconnected by culverts which allow for equalization and conveyance of the stann water towards its ultimate discharge off8ite, The costs associated with these facilities have been split between the golf course and the residentl!l components of the community. the drainage was divided into three categories: THE RESIDEN11AL CATEGORY - The portion of the drainage system consists of facilil.ies which provide the infrastructure specifically to drain the roads within the community only, The cost of these facilities should be born by the residential component only, TIIE GOLF COURSE CATEGORY - This is the portion of the drainage facilities which were designed soldy due to the existence of the golf course, 'These B.Ie typically the culverts (as well as stnlctures and headwalls) which serve to interconnect the lakes, The reasoning being that if not for the golf COtme, these interconnections could have been by open swales. Therefore, we felt the total costs of the!e facilities should be allocated to the golf course component. TIlE SHARED CATEGORY - The faciliti~ which would fall into this category would , primarily be those drainage 5tmctures and culverts which serve to drain the back yards of the residential areas but will also serve to drain on the golf course, The cost of facilities within this category have been split between the golf course and the residential components equally, Attached is an Exhibit drawing which 8chernatiC4lly identifies the drainage facilities to be in each of the three aforemention~ cat egori e4 , wp.1 0-040.s0.Docl96 9 ~-~~--....-....--~.- -.......-- - ~ - -----~. ~. --....-..... - ~~.~ _ ..__.a:... _......._ __~___1~ I I I I I ' , ! I I I I ;1 g I II M @II ~ ~ o ~ II <0 .. w N ~i ! 1 I .~ 5 III .,..--......".. 1 6G 3 . ..,.. WP- t o.-o.c050.D0CJ96 _.-.._--_._--_._-~-_.._- - 1 6G 3 I STATUS OF APPROVALS AND PERMITS IffiRIT AGE GREENS 11 1 bG 3 APPROV ALS AND PERMITS FOR HEroT AGE GREENS 1. The Planned Unit Development, P.U,D. Ordinance 86-9(1) 2. P,U,D. Sile Plan approval 3, Florida Department of Environmental Protection Walltcwater and Potable Water Pcrmitlf 4, Vegetation Removal permit 5, Collier County Right-of-Way Permit 6, Florida Department of Environmental Protection Wastewater and Potable Water Permits 7, Temporary Use Permit for Sales Trailer 8. Development Costs Budgets 9, Exhibit" A-I" - Heritage Greens Legal Description 10, SFWMD Permit regarding Heritage Greens Surface Water II, SFWMD Permit regarding Heritage Groen!! Water Use 12, SFWMD Right-of-Way permit I), SFWMD Notice of Intent to Conduct P~-pennit Work PLANNED UNIT DEVELOPMENT. P,U.D, ORDINANCE 86-62 An Ordinance amending Ordinance 82-2 was modified to Ordinance 96-55. The Comprehensive Zoning Regulations for the unincorporated area of Collier County, Florida. The POO as an instrument governs project development. land use summalY, density, single-family and multi-family residential de.velopment, maximum units, building setbacks, height restrictions, business development. golf course development, parks and recreation development, utility development, development standards, stipulations and conunitments. P.U.D, Master Development Plan., location map, and legal description, It also spe8ks on environmental considerations. water management. traffic, utilities and engineering considerations, plan approval requirements, !ignage. site planning, development standards. subdivision regulations, environmental and archeological stipulation.!l and commitments. WP.lo.o.<<ISO,DQCJ96 12 ,- -- - - - - 16G 3 This document is quite comprehensive and should be reviewed carefully as it Is administered by Collier County and the development aspects are tailored by the P,U,D, Date of Execution: September 25, J986 Term: Life of Project PLAT OF HERITAGE GREENS SUBDIVISION On September 30, 1996, Agnoli, Barber &. Brundage, Jne, (ABB) submitted the following to Collier County Project Review Services for an unsubstantial change review and approval. 1. Development Plans by Agnali, Barber &. Brundage, No, 57 J 4. sheets 1-26 inclusive~ 2, Plat of Dove Painte Subdivision, No, 5783, sheets 1-17 inclusive; CoUier County will not issue a building permit until all utilities, roadway and bridge are completed and accepted by Collier County or the subject improvements are bonded or secured by a Letter of Credit Upon completion of these improvements or bonding. the Plat can be recorded and building pennit8 issued. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTEWATER AND WATER PERMITS The Florida Department of Environmental Protection Permits for Wastewater and Potable Water are being reviewed with our development plan at Collier County Project Review Services, The permits will allow the servicing of the project with wastewater collection and transmission and potable water service, FDEP Wastewater Permit Issued : Term: Life of'ProJect WP-10-040SQ,DQC196 13 ','~,: ,,', \;>;, , 'I,: '/'.;':":, :.~ ,,'(~, ';, ,,':: ,', :":, '." - I.': \,",.,~::~:. ' :'I:I,\~)'.. :' , ; -, . -' , ;,:" " ' '.':,.: ,: ,':", : .' " ,... ~" : , "; - 1 6G 3 FOEP Water permit: Issued: Term: Life of Project VEGET A nON REMOVAL P-ERMlI We have submitted to Collier County Project Review Services a Vegetation Removal Permit which will allow the developer to clear based on the Development Plans for the Sales Area, Plans for right- of-way Tree Clearing Permit were prepared by Agnoli. Barber & Brundage, Drawing No, 4147, sheets I-II, dated July 1993. This work lw been completed, Issued: Term: November 4, 1993 180 day' COLLIER COUNTY RIGHT-OF-WAY PERMIT ABB tw applied for and received permits for work within the Collier County Right-or-Way Permit No, 8879C is for the Utility Connections and Pennit No, 8803C is for a driveway connection. This work has been completed, ELQIUDA QEPARTMENT OF ENVIRONMENTAL PROTECTION WASTEWATER AND WATER PERMITS The5e have been applied for to complete connections only within the Collier County Right-of-Way. This work hu been completed, FDEP Wastewater Permit: Issued : Tcnn: CS 11-234836 July 27, 1993 Life of Project wp.J ().()4(),O_DOCI96 14 ,.......... Jl - ..~-,.., -~.....-. I _u _I 1 6G 3 FDEP Water Permit: Issued: DS 11-234842 August 3, 1993 Life of Project Term: DEVELOPMENT COSTS BUDGET These 8re the proposed development budgets bllsed on design plans provided by Agnoli. Barber & Brundage for roadway and infrastructure design, E2CHIDIT "A-I ~ HERITAGE GREENS LEGAL DESCRIPTION This is the legal description that is reflected on the Plat ft.or Heritage Greens), which constitutes the totallrmd area for the project, SQ\)TH FLORIDA WATER MANAGEMENT DISTRICT (SFWMJ)) St)RFACE WATER PERMIT FOR SERVING 252.3 ACRES OF RESlDENTlt.,L LANDS SFWMD Permit No, l1-oo718-S for Heritage Greens construction and operation of B water rna.nagement symem serving 252,3 acres of residential and golf course lands, A modification wilt be appropriate when drs..inage discharge outfall moves to southeast property. Issued: (expected) Term: August 12. 1993 Life of Project SOUTH FLORIDA W A TER MANAGEMENT DISTRICT (SFWMD) WArm USE PERMIT FOR. , SERVING 252,) ACRES OF RESIDENTIAL LAND.-S SFWMD Permit No, ll-00718-W for Heritage Greens irrigation golf course of 83,36 acres, Withdrawals are via two proposed withdrawal facilities and from on-site lakes via three proposed withdrawal facilities, A new Water Use Permit hu been applied for and approval is anticipated shortly. WP-l !).04()SQ,DQC196 IS 1 6G 3 Issued: (expected) Expiration Date: August 12, 1993 December 15. 1995 soum FLORIDA WATER MANAGEMENT DISTRICT (SF'\VMD) RIGfIT-OF-WAY PERMIT SFWMD pennit No, 994 for Heritage Greens Connection within District Right-of-Way. This work has been completed, Issued: Expiration Date: July 15, 1993 July31,1994 WP.l 0-04050 J)()C}lJ6 16 1 6G 3 "EXnffilT G-l" APPROV ALS AND PERMITS FOR HEro! AGE GREENS The aforementioned permits and approvals comprises the total permits received to date needed to proceed with the development of the project. All of the permits and approvals have been reviewed by the steIf or Callier County, Florida Department of Environmental Protection, and South Florida Water Management District, as indicated, Heritage Greens Development COflXlration worked closely with the members of the government and community to establish development standards that addressed all of the parties' concerns, WP-lo-o4050.DOCI96 17 FISHKIND & ASSOCIATES I:~"~'l;t.',;~ ~ ' at; at;; L" 1)1': Ii:~.: I'~ ~.;~lii ~.:;; Ii~- Jii,~ L: 1 6G 3 ASSESSMENT METHODOLOGY FOR HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Updated November 11, 1996 1.0 Introduction 1.1 Purpose This report provides a methodology determine the amount of community development district debt to be allocated to properties within the Heritage Greens Community Development District. The report is designed to be used by the District during the course of its assessment hearings under Chapter 190, F.S. 1.2 Background As described in the report by the District's Engineer, Agnoli, Barver & Brundage, the Heritage Greens Community Development District includes 252 acres, The developer plans envision all of the property developed into a golf course and approximately 529 residential units. The improvements contemplated by the District and included in the District's. Engineer's Report provides infrastructure which is designed to benefit the residential portions of the District only. The District Engineer has carefully apportioned the costs for all improvements in the District between the golf course and the residential properties. The developer is paying for all costs associated with the golf course. The District is only paying for costs associated with the residential development, Therefore, the golf course is not assessed any of the costs for the District's improvement program. !...:-', ' .;, - .6 12424 Research Par1<woy, Suile 275, Orlando, Florida 32826 . (407) 382-3256 · FAX (407) 382.32~ 1 6G 3 The essence of the assessment methodology is a four step process. First, the District Engineer determines the costs for all improvements needed for the buildout of the community. Second, the District Engineer divides these costs into those which are roadway related (including street lighting and other appurtenances and improvements) and those improvements which are not related to the roadways, Third. the costs for providing roadways are divided among the benefiting properties on ,the basis of the volume of trips that each parcel is projected to generate once it is developed, Finally, the costs for all other improvements are divided among the benefited properties in relationship to their development potential measured on the basis of equivalent dwelling units (ERUs). 2.0 Assessment Methodology 2,1 Overview The District Engineer has developed a master improvement program to support the full development of land in the District. Including inflation, these costs total $4,407,500. Based on these estimated costs, the size of the bond issue needed to generate funds to pay for these construction costs is determined, by the District's Underwriter to total $6,000,000. The developer has submitted a preliminary plat to the County for approval. The plat specifies the precise land uses in the District. This report shows the allocation of debt to residential land in the District based upon this preliminary plat. Once the plat is finalized there may be need for some further adjustment to the allocations shown here to reflect any changes to the final plat. The methodology for making these allocations is outlined below. The' numerical examples provided are based upon the developers preliminary plat. As noted above, to the extent that the final plat differs from the preliminary submittal the allocations to individual parcels will also change. Thus, the debt allocation methodology provided below is really a process by which the District can allocate debt to particular parcels of land at the time of the final plat. The procedures also assure that debt will not buildup on undeveloped properties creating potential assessment problems, 2,2 Development Program Table 1 outlines the expected development program for the land comprising the District, The program anticipates a mixture of predominately residential uses as well as extensive amenities. Table 2 . provides the estimated absorption schedule for the project. 2 1 6G 3 2,3 Construction Cost Estimates The District Engineer has estimated the costs of all improvements $4,407,500, Table 3 provides the breakdown by type of expense. 2.4 Bond Sizings To generate the funding needed for the proposed construction program, the District plans to issue revenue bonds. The bond size exceeds the construction estimates for a variety of reasons, Most importantly I the sizing includes the provision for up to 24 months of capitalized interest. This allows for the completion of the improvements prior to assessing properties for their payment. The bond structure is anticipated to be a 20 year term bond with level annual debt service. The interest rate is anticipated not to exceed 8.25%. 2.5 Estimates For Trips and EDUs Table 5 provides an illustration of how the allocation methodology is designed to work, This illustration is based upon the latest preliminary plat described above. As noted previously, debt related to roadways is allocated among the benefiting parcels on the basis of the volume of trips which each is projected to generate when fully developed. Since the roadways and related improvements were specifically designed to accommodate the traffic generated by the proposed land use plan, this allocation procedure is quite reasonable. It directly allocates debt to specific properties based upon the benefit that each one receives from the development of the District's roadway system. The portion of debt incurred to fund the remaining, non road related. improvement in the District is allocated to benefiting properties on the basis of development intensity and density, These are measure on the basis of ERUs, For each residential parcel the ERU depend upon the inverse of the density for each type of product. The Estate single-family detached units are the base and are set at 1 ERU per unit. All other residential properties are measured as the inverse of their densities compared to the single-family unit base. 2,6 Debt Allocation In Table 6 debt is allocated to each type of land use depending upon their share of total trips and total ERUs projected for the District at buildout. The allocations are the product of the calculations in Tables 4 and 5. 3 .~, ~, . ~ , " '~~...' L,..~l.~l.~!~"~ wr- -- .~ ---.,J 11 -- ~'-II -- - - ------ --..---.,. . -- 1 6G 3: 2.7 Tax Roll The tax roll for the District is based upon the preliminary plat submitted to Collier County. The references are to the preliminary plat for identification purposes. Note that duplex lots are allocated debt on the basis of two units per lot and coach lots are allocated debt on the basis of four units per lot. This is in accord with the preliminary plat and plans of the developer, The tax roll presented here is subject to change depending upon the outcome of the final plat. However, the m,ethodology provided here is sufficient to allow the District to adjust the tax roll as may be needed should the final plat differ from the preliminary one. 4 1 6G 3 ,~/t;f ";: ><',' . ,',. ;:;;:;:;~{;;;:;i;';::;;';:':> ;,;,rA ' ',' ~\ ,ERITAGE/GRgt;N$,;;,Y :_") .MJ:!tf~~1J.rh~?f:::{:~};;;'.., ...<' :::}lHP!:S;1!' \;'),"'/\1:- 'PRbDuct,ey.TYPE"" ':" llnlts. Acreage Density ~s1IDmtlaIUnits Estate Lots 27 6.00 4.5 Executive Lots 136 25,00 5.4 Villa Twin Duplex Lots 106 18,00 5.9 Coach Home Lots 80 6.00 13.3 Multifamily 180 17,00 10.6 ------- ------- ------- ------- Total Residential 529 72.00 Non ResidentIal Golf Course Tracts 0 145.00 Open Space Tracts 0 1.00 Road Rights of Way 0 25.00 PreseNe 0 9,00 ------- ----.--- ------- ------- Total Non Residential 0 180.00 TOTAL 529 252 Source: Engineer's Report Table 1. 11/11/96 FISHKIND & ASSOCIATES. INC. Page 1 1 6G 3 ~ (1) O'l co 0.. ~ l'-lOOCOO T"" C') NC') 0 T"" () Z ~ L(')OlOC\lO M rJ) T""L(')L(')C')CO M UJ C'-.l t{ () 0 ~l L(')oooo It) CJ) CJ) L(')L(')Nl'- m <( T"" ~ 0 z ~ 00000 0 52 ::r: CJ) '- l1.;. ~ l'-lOlOOO m C\IC')ococo C'-.l >- .- T"" .- It) c co 0- E 0 () ..... c Q) l/) E ..... 0 0- .-J 0 >< l/) Q) - Q) 0 > l/) - .-J co Q) .....0- 0 o:JQ) .Z' ~.-JOE>- c 0 cu C ocuco:: '0 .-J > ,- J: E 0 Q) ''5 ~ .c ro l/) a: cu Cti (J (J :0:::: 0: Q) _Q)$ro; - (J . 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I\UNUTES OF ~TlN'G THE HERITAGE GREENS COMM:UNITY DEVELOPMENT DISTRICT 1 6G 3 The regular meeting of the Board of Supervisors of The Heritage Greens Community Development District was held Tuesday, December 9, 1996 at 1:00 P.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Harris Charles F. Bailey Ralph Klass Peter Comeau Chairman Vice Chairman Supervisor Supervisor (Resigned) Supervisor (By Phone) Also present were: James P. Ward Jack McKenna Donna Holiday District StaffiBy Phone) Engineer Recording Secretary (By Phone) FIRSI' ORDER OF BUSINESS Roll Call Mr. Reinders called the meeting to order at 1:05 P.M. and stated the record will reflect that all Supervisors are present in person or by phone. SECOND ORDER OF BUSINESS Approval of the Minutes of the October 22, 1996 Meeting Mr. Ward stated you have received a copy of the October 22, 1996 minutes. If there were any additions, deletions or corrections, it would be appropriate at this time so indicate, otherwise, a motion for their approval would be in order.. On MOTION by Mr. Bailey seconded by Mr. Klass with all in favor the October 22, 1996 minutes were approved. THIRD ORDER OF BUSINESS Public Hearing on the District's Intent to Use the Uniform. Ad Valorem Method of Collection of a non Ad Valorem Assessment (Resolution 97~) Mr. Ward stated Item 3 on your agenda is a public hearing relative to the District's intent to utilize the uniform method of collection for your non Ad - ---.,~ 1 6G 3 December 9, 1996 Valorem Assessments. Left me briefly explain to you what this is and then, Mr. Chairman, I would suggest that you open the meeting for any public comment or testimony. The Resolution you have before you is required pursuant to Statute. It allows the District to proceed forward and utilize both the Property Appraiser and Tax Collector of Collier County to levy its non Ad Valorem Assessments which the Board may choose to put on the tax bills of Collier County in future years. The Resolution does not require you to utilize those constitutional offices but merely allows the flexibility of utilizing either or both of those offices in the future. It is by Stat.ute required to be adopted prior to January 10th 1997 and if you are of a mindset to approve this today, the next step will be for Staff to negotiate a contract vdth both the Property Appraiser and Tax Collector and bring that back to you for consideration at a future meeting which in Collier County is a standard form agreement, Again, it does not require you to utilize the services of the Property Appraiser or Tax Collector, nor does it set any particular non ad valorem assessment rates for you it just merely allows you to utilize them. In the future, the first opportunity you would have to do that would be the roll of November of 1997 so you will see that as a part of your budget process for Fiscal Year 1998 which will commence in March or April of 1997. With that, those are all of the comments I have. If you have any questions, I will be glad to answer them. Again, I recommend that you open the meeting to the public for any comment or testimony that they may have, Mr. Reinders asked are there any questions from the Board prior to the public hearing? Hearing none, I will declare the public hearing open and invite comments or inquiries of the public, I show none of the public present here. Mr, Ward stated if not, a motion to close the public hearing would be in order. On MOTION by Mr. Harris seconded by Mr. Bailey with all in favor the ublic hearin was closed. Mr. Ward stated now it would be in order for a motion to adopt Resolution 97-3 which by title is: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOMENT DISTRICT E~XPRESSING ITS INTENT TO UTILIZE THE UNIFORM METHOD OF LEVYING, ELECTING AND ENFORCING NON AD VALOREM ASSESSMENTS WHICH HEREINAFTER MAY BE LEVIED BY THE DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 197.362, FLORIDA 2 --..-- ---. -.- T --'-'r-~-----'- _ December 9, 1996 1 6G 3 STATUTES AND PROVIDING AN EFFECTIVE DATE. That resolution is in order and I recommend it for your consideration. On MOTION by Mr. Reinders seconded by Mr. Bailey with all in favor Resolution 97-3 was adopted. FOURTH ORDER OF BUSINESS Staft'Reports A. Attomey Mr. Ward stated Mr. Anderson could not be here today but he did not have any comments and asked me to indicate that to the Board. B. Engineer There not being any, the next item followed. C. Manager There not being any, the next item followed. flU'IH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Reinders stated I have an item I wanted to put before the Board. We are in the process of securing final plat review leading up to what we anticipate would be county plat approval in January, Shortly thereafter, it would be the intent to record the plat and commence the improvements In order to do that, we have to provide an undertaking to the County in the form of a Construction Maintenance Agreement executed by both the District and the Developer in standard form. The County has a form that they have utilized in the past and we don't intend to deviate from that form, The essence of it is to say that we will make sure that there are funds committed sufficient to assure that the required construction funds as calculated by the County are available to insure the completion of the improvements, Do we require any more detail than that Mr. Ward? Mr. Ward replied no, I think that adequately explains the Construction Maintenance Agreement. Mr. Reinders Rtated what we would like to do for the purposes of expediting this whole process is to pass a resolution authorizing me as the Chairman of the Board of Supervisors on behalf of the District to enter into such a standard form 3 __ _ _~.~w.~..--.~'I./~"_V"I"""~"_~.~-'-~__"__.~___'T'I:/-""~ . . ._.~...,.I\!lIIilIIII, ~-=- December 9, 1996 1 6G 3 Construction Maintenance Agreement with the County and which I would proceed to do forthwith. Would that be Resolution 97-4? Mr. Ward replied that is correct. Mr. Reinders stated may I have a motion to adopt Resolution 97-4 authorizing the District, and me on behalf of the District, to enter into the requisite Construction Maintenance Agreement and provide same to the County. MOTION by Mr, Bailey seconded by Mr. Harris with 11 in favor Resolution 97-4 was ado ted. Mr, Reinders asked do we have any other business to come before the Board? Mr. Ward stated the only thing I wanted to advise you of is the fact that we are proceeding relative to the issuance of your Series 1996 Non Ad Valorem Special Assessment Bonds. In that regard, the Underwriter, William R. Hough & Co., is marketing the bonds this week and we expect him to be complete in that process by the end of this week, As such, and in order for the Board to have an opportunity to consider the Bond Purchase Agreement, I might suggest to you that instead of adjourning your meeting today that we continue it to a date and time and place certain so that you will have an opportunity to consider that Agreement and the recommended date for you would be the 16th of December which is next Monday at 10:30 A.M. at 277 N. Collier Boulevard on Marco Island. That is the only comment that I have for you today and at the end of the meeting, a motion to contiue the meeting to that time, date and place would be in order. Mr, Reinders asked do we have any other business prior to taking up that item? Mr, Comeau stated the only other thing is you could distribute the P.O.S. to the Board members. Mr. Reinders stated I am going to take care of that today. Is there anything else? I will entertain a motion to continue this meeting until Monday, December 16, at 10:30 A.M. at 277 N. Collier Boulevard, Marco Island. n MOTION by Mr. Comeau seconded by Mr. Harris with all in favor the meeting was continued to Monday, December 16, 1996 at 10:30 A.M. at 277 N. Collier Boulevard, Marco Island, Florida. 4 December 9, 1996 1 6G 3 Mr. Reinders stated the meeting is hereby continued over until December 16th at 10:30 A.M. at which time we intend to take up a Bond Purchase Agreement relating to the sale of the 1996 Special Assessment Bonds. ~~ Secretary 5 1 6G 3 AGENDA HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Tuesday December 9,1996 9:00 A.M. 1. Roll Call 277 N. Collier Boulevard Marco Island, Florida 2. Approval of the Minutes of the October 22, 1996 Meeting 3. Public Hearing on the District's Intent to Use the Uniform Ad Valorem Method of Collection of a non Ad Valorem Assessment (Resolution 97.3) 4. Stafl'Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Adjournment ,_' _0. __ _ ___ -- ._-~- ____u_. .. ~ Naples Daily N~s Naples, FL 33940 1 6G 3 Affidavit of Publication NOTICE BY THE cove POIHTE COMMUNITY DEVElOPMENT DISTRICT OF iTS INTENT TO USE THE UNIFORM AD VALOREM METHOD OF COlLECTION OF A NON tAD VALOREM ASSESSMENT Hoflce Is hereby otven 10 all owners of lands located wtItlln the boImcrln of the Dove Point Community OevtIoPment Of$. !rid that the Dove PoInt Community [)eve!. opment Dlstrid Intends 10 use the unib1n acl voI<<em method lor ccIledIno the non od valorem osseS$l1lents Ievled by the Dove Point Community Oevelwment DIs- Ir1d as set for1II In SectIon 197.3632 F..s. CIld lltlot !tie Ilocrd of ~soO "of the Dove' Point CommunIty Development DIslr1ct wfII , hold a public hea1no on ~, Deam- ber 9, 1996 at 1:00 P.M. at the otIIces of Ron- lo Developmf.nt Maeo, 'I17 N. Collier Sou- Jevtr~~~~~~1Ic: ~ Is 10 consider the odoplIon of a resolutlon aufho. rlzlng tile Dove PoInt Commll1llty Develo9- ment DlslrIct 10 use the un/tcrm ad YOIorem me1hcd of coIledJno non ad valorem as- 'sessments levied by !tie Cove PoInt C0m- munity DeveloQment Dlsirk."t as provlded In Sed10n m.3632 F.s. The Dove PoInt Com- munity Development District Intends 10 use tile unl1crm method of collection for a peri. od of mcn then one year whlclI rr4'f In- clude lis non ad voJarem ossessment lor rmI ntenance ~ ~f!aI focIIlIIes or boIh. I The Dove Point Community Develop. ~ ment DIstrict will be odoptIno a new non ad voJQrem osstsStnent lor ftnancfllO of cer. loin proleds Cll.IttaIIed under ChQ:lter 190 F.s. which will emlld lor men thai one yea: and fu1her the Dove Point Communi- tf Development District plans 10 utIllze the non ad vakrem assessments method 10 collects lis cmuaI maInIenonce assessment which aha win be lor a' period of mere than one yea:. This llOll ad YOIorem =essment Is be- Ing Ievled lor the l!rst lime. The IIIIform mtt!lod provided for In ChQ:lter 197.3tJ2 outhorIzes the District 10 utlIln the services of the pIWerty ~ser and lax coIlectcr In levying lis non cd YOIorem assessment lor benellt and maintenance assessments and ~ CISSfSSmerlts whIdl will q:lpe(I' under a sepcrafe section of !he ~ lax bill The Dltlrlct's non ad valorem as- sessmenl(s) shall be sublect to !tie same discounts and penoIffes and the Issuance OIld sale ot lex certlftcates and lex deeds Signature of Affiant t~ Il()(l.payrnent as ad vaknm taxes. The non.payment of sold non ad valcrem as- Sworn to and Subscribed before .e this ~ day of _ ~~ntsJosswlllof~~e~ ~ .Sf., .I. .~ 1 a :)- IJ - ~ea: at tile public hearlllQ 10 be hecrd reo Personally known by .e __~ _' ~u oardlng the use of the unItDrm ad voIorem J method of coIIectIno such non ad V'llknm . ~ents. Eocn person who deddes 10 QlPtQI arrt odIon token at Ihese meetings Is' ad- vised that person wlll need 0 record of tile proceedings and that ClCCllrltngIy, tile penon may need to enstn that a yerboflm record of tile ~ Is ~, IncWno the lestlmony oneS eYf. dence ~ whldl such ClIlPtClI Is to be I. IIC. bosed. Gay L l/t4yer Mot/aof:r . November 11, 1', 25, Ote. 2 + DOVE POINTE COtII1UHITY DEV, JMES liARD 10300 "" 11TH IWfOR CORAL SPRINGS FL 33071 REFEREHCE: 027769 57401125 HOTICE BY THE DOVE P State of Florida County of Collier Before the undersigned authority, personally appeared Nine Iverson, who on oath say. that she serves as the Assistant Secretary of the Naples Dally Naws, a daily n~'paper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said n~spaper on date. listed. Affiant further says that the said Naples Daily K~s is a n~spaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class IN! l INtter at the post office in Noples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advert!seeent; and affiant further says that he has neither peid nor prOllised any person, fir. or coporation any discount, rebate, c~ission or refund for the purpose of securing this advertise.ent for publication in the said n~spaper. PUBLISHED OK: 11/11 11/18 11/25 12/02 AD SPACE: FILED ON: 8.500 INCH 12/02/96 No. 11I6I2 i Naples Daily N~s Naples, FL 33940 Affidavit of Publication DOVE POINTE COfIl1UHITY DEV. JAIIES liARD 10300 IN 11Tli "AHOR CORAL SPRINGS FL 33071 REFERENCE: 027769 57401150 NOTICE OF "EETIHGDOV State of Florida COunty of Collier Before the undersigneod authority, personally appeared Nina Iver.on, who 0t1 oath say. th.lt .he .erves as the Assistant Secretary of the Naples Daily News, a daily newspaper publ hheod at Naples, in Collier County, Florida: that the attached copy of advertising was published in said new.paper on dates listeod. Affiant further says that the said Naples Deily Hews is a newspaper publ hhed at Naples, in said Collier County, Florida, and that the said n~spaper has heretofore been continuously published in said Collier County, Florida, each day and h.ls been entereod as second class ..i l ..tter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of edvertis.-entj and affiant further says that he has neither paid nor prollised any person, fir. or eoporation any discount, rebate, coe.ission or refund for the purpose of securing this advertiseaent for publication in the said n~spaper. PUBLISHED ON: 12/02 AO SPACE: FILEO ON: 3.500 INCH 12/02/96 , I )1;4// a-ItlM~-"!~YL/ Sworn to and Subscribeod before.. this 2- day of 'j)~ ?-.1~~ ~ Signature of Affiant Personally known by me 0, l rflt--.t () ,I () 1 6G 3 NOTICE OF MEETING DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT A rneetlnv fit Ihe BoClnl fit SlclervIscrs at the Dove PoInt CornnVIIty ~ DIstrict wiD be helcl on Mt/tWf, 0tctlTCer !t _'996 at 1:00 P.It\. at the otIIcts fit Ronto uevelclpment Naco, 'In No Coler Iloufe. VO"d, Naco Island, Florida. The /MlrfIng Is open to the ~ CIld wi be ~ In occorlblce wlttI ltlt ~ d F10rfda Low tor CornnVIIty 0mlaIlment DIslr1cIs. There may be occasions wflen one or more SuIlervIsors will ~ by telt- phone. At Ihe meeting IoalIIon thn will be present 0 5PtClker telephone so ttICIt Ofrf In- terested _person CXIIl altend tile metfIng of lIIe rnHlIng IocaIIon CI1d be fUlly nkrmed fit Ihe clsa.tsslons 1l:*1ng place eIIIler In IlenOll or by telellhone Cllmn'IU'Ilcxlf Eodl person who dedcIes to GPPeCI any octIon ltiken at lhese meeIIngs Is ad- vised that penon wII need 0 reccrd fit the proceedings CIld ttICIt ClCCllI'dInQfy, the penon may need to erlSlI'e I'd a verbatlm record fit tile proceecIngs Is ~, fnc:IudIna tile tesllmorry CIld evl- dence ~ wtilcfl such GPPeCI Is to be based. Gay L Mover Mtmger December 2 No. ~l I 19!j (, ......... J ....... A. a~R ,~~..:~~... u....... _'YU' [.:,~:.; MY COMMlSSIOH , CC&l8787 EXPlRES ....1, ..'JJ FebnlIty 19. 2COO '~.:r. :,:.' ...:<t:~ IONCEll THllU TIIQ'I ,MlIllSlJWG.IIlC. .Ii...,...... - -~ - --~ 1 6G 3 RESOLUTION 97-3 Resolution of the Board of Supervisors of the Heritage Greens Community Development District Expressing its Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non Ad Valorem Assessments which hereinafter may be Levied by the District in Accordance with the Provisions of Chapter 197.3632 F.S.; and Providing an Effective Date: WHEREAS, the Heritage Greens Community Development District was established pursuant to the provisions of Chapter 190 F. S. which authorizes the District to levy certain assessments which include benefit and maintenance assessments and further authorizes the Board to levy special assessments pursuant to Chapter 170 F.S. for the acquisition, construction or reconstruction of assessable improvements authorized by Chapter 190 F . S .; and WHEREAS, the above referenced assessments are not considered to be ad valorem in nature and therefore, are subject to the provisions of Chapter 197.3632 F.S. in which State of Florida through ite legislature has provided a uniform method for the le'lt-ying, collecti:lg and enforcing such non ad valorem assessments; and WHEREAS, pursuant to Chapter 197.3632 F.S. the District has caused notice of a public hearing to be advertised weekly in a newspaper of general circulation within Hillsborough County for four consecutive weeks preceding said hearing; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT 1. The Heritage Greens Community Development District upon conducting its public hearing as required by Chapter 197.3632 F.S. hereby expresses its intent to use the uniform method of collecting its benefit and maintenance assessments or such other assessments imposed by the District as provided in Chapter 170 and 190 F.S. each of which are non ad valorem assessments which may be levied annually by the District pursuant to the provisions of Chapter 190 F.S. for the purpose of paying principal and interest on its bonded indebted!less and the cost of operating and maintaining its assessable improve~ents within the boundaries of the District as described in the attached ,,0,' 'J~~~ ~..,(":~ '} '~.J/. ,". .;.....~~~. ,I ..~. ....', "'0":" ~ .4.'~ ).:,.t':I~~,~/~'~~.,~'" ";' I';" ~.' '--1. :~f ~''''''..,.._, i -- - - - h ..L .--- . . 1 6G 3 legal description which is made a part of this Resolution as Exhibit "A". Said assessments and the District's use of the uniform method of collecting its non ad valorem assessment(s) may continue for more than one year. 2. This Resolution shall become effective upon its passage and the District's Secretary is authorized to provide the Property Appraiser and Tax Collector of Collier County and the Department of Revenue of the State of Florida with a copy of this Resolution on or before J 1997. PASSED AND ADOPTED THI 9TH DE k~/~~ ~mes P. Ward sistant Secretary , :~ ,':,;... .",t '".', ,.,~:~l:, .',,':, \. . ;_,'" ,',' .., ..,' _.__._--.~ , . \..;...r "~~' ,\' . '~~ ...... ,,', .,' ',,: l.~ ....,', : ::'.~. ~':\,'j ~..'" ,'. t'l" l~ ,........ :. ,I : . ",' t.' Exhibit ^ Metes and Bounds Legal Description 1 6G 3 ,I". .. ., - - . - .. - ... . ... A parcel of land lying In Section 2B, Townshlp 4B South, Range 25 East, Collier Co un t~ FlorIda, said parcel 01 land betng: more particularly descrlbeCJ as '(ollo\'ls: .- conimendng7t1i~ northeast comer of sald SecUon 28; thence South . ~ _ OJ"05'1 g- Eas t along the easterly line of the northeast quarter (NEf/"') of satd Sectron 28 for a dIstance of 100.0B feet to an In tersectlon wIth the southerly rlght-of-;"ay /fne of ,Immokalee Road (c.R. 846): thence South 89iO'OO. West along saId southerly rfght-of-way flne for a dIstance of 19BO.1J feet to the POINT DF BEGINNING of the hereIn', described parcel of land: "' thence South OJ"CH'OS. East .for a dIstance of t 57S.J5 feet: thence North Bg.09'Jl'" East for a. dIstance of 1980.67 feet to an UitersecUon with the said easterly Hne of the northeast quarter (NEt/4-) of Section 28; thence South 03"05'19. East atong saId easterly flne (or Q dIstance of . 998.J8 feet. to the .southeast comer of the northeast quarter (NEt/4-): thence South OJ.05'44- East along the easterly Hne of the southeast quarter (SE1/4) .of sa!d SecUon 28 for. a dIstance of 257~.92 (eet to the southeast comer of'said SecUon 28: . thence. South 89i 1'00" West along the southerly Hne of the satd : southeast quarter (SEr/4) of Section 28 for a dIstance of 2642.t4 feet to the southwest comer of the saId southeast quarter (SEI/4-) of Sectlon 2B; the(Jce North OJ"04'55" West. along th!!! westerly lIne of the the east he'f (EI/2) of sold Sectron 28 for a dIstance of J342.98 feet fo the soufhea~ comer of tlie east half (fJ/2). of tho northeast quarter \(NE1/4-) of the' \ southeast quarter (SEV4) af the northwest quarter (NWf/4):. . thence South a910'17 West along the southerly l1ne of kald (racllon for a di~tance of J30.19 fee t to on In tersecUon wllh!1 the westerly flne of saId fraction; : ' thence North OJ.04'5'" West along said westerly lIne for o'dIstance of 668.55 feot to an in tersect/on with the norther!y Hne of sold fractIon: thence North B9' 0'11'", E'os t clong' sold northerly trne (or a distance' of J30. 1 a feet to an' intersectIon with the soid westerly lIne the east half '-(EJ/2) o( SecHon .28; . .. . thence North OJ'0"1-'55- West along soid westerly line for a dIstanco ot 12J7.04 feet fo an In tersectIon with (he saId southerly'ltne of Immokalee Road (C.R 846); .' . , thence North 8910'00" East along said southerly line (or a distance .of 661.06 f~et to tho POINT OF BEGI~,lNING: ContaInIng 251.521 acres of tand. more or less. Subject to easements and restrictions of record. MINUTES OF MEETlliG HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT 1 6G 3 The recessed meeting of December 9, 1996 of the Board of Supervisors of the Heritage Greens Community Development District was reconvened Monday, December 16, 1996 at 10:30 A.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum. were: James Reinders Raymond Harris Charles F. Bailey Chairman Vice Chairman Supervisor Also present were: James P. Ward Debbie Sandler District StatltBy Phone) Recording Secretary FIRSr ORDER OF BUSINESS Roll Call Mr. Reinders called the meeting to order at 10:30 A.M. Mr. Ward stated the primary purpose of your meeting today is to consider documents related to the issuance of your Series 1996 Special Assessment bonds. Staff has been working with your underwriter relative to the sale of those bonds. Because of the time of year, we are having some delay in finding investors who will be able to look at the deal. The underwriter has suggested that we recess this meeting until Monday, December 23 1996 at Ranto Development's office at 10:30 A.M. and I believe they will be in a position at that time to present a proposed bond purchase agreement for the sale of the Series 1996 bonds. n M TION by Mr. Bailey seconded by Mr. Harris wi all in favor the meeting was recessed until Monday, December 23, 1996 at 10:30 A.M., at the offices of Ranto Development, 277 N. Collier Boulevard, Marco Island, Florida. I ~ .-._-_..--~..~,.~........._._-~--" - -...-,' -...~...- - .:. ',,;- ,.'.., .,..< -:. :...: :, ':,.-'.,: ..........;.. ,,\"-,,", ,:", '.'~ -:. . ',: ",: '. - ,', 16G "3 AGENDA HERITAGE GREENS COM:MUNITY DEVELOPMENT DISTRICT Monday December 16, 1996 10:30 A.M. continued from 1219/96 1. Roll Call 277 N. Collier Boulevard Marco Island, Florida 2. Consideration of Certain Documents Related to the Issuance of District Bonds 3. Other Business 4. Adjournment MINUTES OF MEETING HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT 1 6G 3 The recessed meeting of December 9, 1996 of the Board of Supervisors of the Heritage Greens Community Development District was held Tuesday, December 23, 1996 at 10:30 A.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting quorum were: James Reinders Chairman Charles Bailey Supervisor Raymond Harris Vice Chairman (by telephone) Also present were: James P. Ward Assistant Manager (by telephone) FIRSr ORDER OF BUSINESS Ron Call Mr. Ward called the meeting to order at 10:30 A.M. and Mr. Reinders called the roll and stated that Mr. Klass and Mr. Comeau are available by phone if we need them. SECOND ORDER OF BUSINESS Consideration of Certain Documents Related to the ~ of Bonds Mr. Reinders stated we have continued this meeting for the purpose of reviewing and entering into a Bond Purchase Agreement with respect to the $6 Million bond issue for Heritage Greens C.D.D. I am advised by William R. Hough that they will be in a position to present us with such a Bond Purchase Agreement on Friday of this week, which is December 27, 1996 at 1:00 P.M. I am further advised that Fred Harris as Bond Counsel is available at that time at these offices, that Bruce Anderson as Counsel for the District is available at that time at these offices and Hank Fishkind will be available by telephone at that time and Gary Moyer will be at the meeting. My understanding is that they have identified the purchaser and that we should have everything appropriate and necessary to take that action at that time. On MOTION by Mr. Bailey seconded by Mr. Harris with all in favor the meeting was continued until Friday, December 27, 1996 at 1:00 P.M. at the offices of Ronto Development, 277 N. Collier Boulevard. Marco Island, Florida. December 23, 1996 1 6G 3 Charles Bailey Assistant Secretary / 2 1 6G 3 AGENDA HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Tuesday December 23, 1996 10:30 A.M. continued from 12/16/96 277 N. Collier Boulevard Marco Island, Florida 1. Roll Call 2. Consideration of Certain Documents Related to the Issuance of District Bonds 3. Other Business 4. Adjournment MINUTES OF MEETING 1 6G 3 HERITAGE GREENS COMMUNITY DEVELOPMENrr DISTRICT The recessed meeting of December 23, 1996 of the Board of Supervisors of the Heritage Greens Community Development District was held Friday, December 27, 1996 at 1:00 P.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting quorum were: James Reinders Chairman Raymond Harris Vice Chairman Peter Comeau Supervisor Charles Bailey Supervisor Ben Klass Supervisor Also present were: Gary L. Moyer Bruce Anderson Jack McKenna Bill Regan Fred Harris Manager Attorney Agnoli, Barber William R. Hough & Company Greenberg Traurig FlRS1' ORDER OF BUSINESS Roll Call Mr. Reinders called the meeting to order at 1:00 P.M. and stated that all Supervisors are present. SECOND ORDER OF BUSINESS Consideration of Certain Documents Related to the Issuance of Bonds Mr. Moyer stated the purpose of to day's meeting is for the Board to review the bond transaction. We bave the key players with us, I think it would be appropriate at this point to ask Mr. Regan to outline for the Board the details of the sale of the bon.ds and then I will call on Mr. Harris to go through what we refer to as the Award Resolution that incorporates various exhibits, one of which is a Bond Purchase Contract. Mr. Regan stated for the record I am Bill R~gan, Senior Vice President with William R. Hough & Company. We are here today to offer you the Bond Purchase Agreement in accordance with all the work that has led up to it for $6,000,000. There is a break-out of cost. The yield is 8.25%. We have redemption of 103%, declining 1% per year; fully funded debt service reserve fund and we have capitalized the interest through 5/1/98 in accordance with our discussions. We have a cost of issuance of $194,875 and an underwriters discount of $150,000. The December 27, 1996 1 6G 3 transaction from a sales standpoint has been interesting and I am glad I am finally making an offer to you to accept the bonds as they stand. \Ve have a preclosing set for January 9 with the movement of money on January 10. There are a number of conditions within the Bond Purchase Agreement that must be met before that closing takes place, I think in accordance with the discussions that we hrve had, we expect the certificates and opinions from lawyers, etc. Mr. Comeau asked do you have a copy of the numbers here? Mr, Regan responded yes. Mr. Comeau asked as you get to the bond closing and acceptance, has Klass confirmed all of their financing obligations as part of the agreement? Mr. Klass responded we are waiting on HJM to get their letter. Mr. Reinders stated we have confirmation from the president of HJM that their committee has approved the loan in the amount of $4,000,000, which in preliminary loan disbursement schedules, they have confirmed that the written commitment is in their legal department and my understanding is that we expect to see that written commitment from them sometime tomorrow. Mr. Moyer stated I would ask Mr. Fred Harris from Greenberg Traurig to review with you Resolution 97-4, which is referred to as the Award Resolution. Mr, Fred Harris stated before you is a copy of Resolution 97-4. This has all of the exhibits to it and is available for your inspection. I will walk through what it is that you are being asked to do. You are authorizing the issuance of the 1997 bonds and the project for which the funds have been expended. DTC will hold the bonds for the purchaser, You have already executed a DTC letter agreement, which you are ratifying in this Resolution. There are redemption provisions that Mr, Regan just described to you, which you are recognizing. You are also indicating that the bonds will be paid over a 20 year period and as the bonds are paid down, if there are any prepayments, we will adjust the amount to be paid on an annual basis. The form of the 1997 bonds with the different provisions that Mr. Regan. has gone through is attached as an exhibit to the indenture. You are authorizing the execution and delivery of the bond purchase agreement, which is attached as an exhibit selling the bonds to William R. Hough & Company. You are authorizing and deeming the Preliminary Limited Offering Memorandum and the Offering Memorandum final. You are appointing a Trustee, which is the First Union National Bank of Florida. You are authorizing the execution of a Continuing Disclosure Agreement where the District will obligate itself to make any disclosure of any unusual events and also annual disclosure as required by 2 ,~ nIT' 't,1'lr _"_-<l.llUM 1'_.__' -......... .,....~ ....--- ~_..__..__.-_..._--_..---_.~..._--_._---- December 27, 1996 1 6G 3 the Securities and Exchange Commission. You are also authorizing the execution and delivery of the improvement acquisition agreement, the form of which is attached as an exhibit wherein the developer will sell the already existing improvements to the District and you are authorizing the execution and delivery of the construction and maintenance agreement, which is required by Collier County before you can file plats. You are also designating the bond as qualified tax exempt obligations indicating that you have no intention to issue additional bonds prior to January 1, 1998, You are also amending Resolution 97-2, which authorized the assessments and in this amendment you are authorizing the prepayment of assessments at the option of the owner of the parcel at whole at anytime or in part one time only. You are also giving general authority to the Chairman, Vice Chairman and District Secretary to execute any other and further documents necessary for the closing. Finally the effective date will be the date of adoption, which is December 27, That is a summary of the Award Resolution. Mr. Klass has all of the exhibits attached to his Resolution. Mr. Moyer stated highlight for the record the reason for the negotiated sale. Mr. Fred Harris stated it is provided in the authorization that because of this particular type of financing that the negotiated sale is the most expeditious way to go about this. The bottom line is these are the type of bonds where it is almost impossible to do anything other than a negotiated sale because of the limited number of actual investors in the market, It is not like a public offering where you can go out and negotiate interest rates and offer it to the public. These are unrated bonds. There are only a certain number of institutional investors who actually are in the market for these types of bonds so it is traditionally done through a negotiated sale. Mr. Moyer stated the specific language Mr. Fred Harris was looking for is on page 3, subparagraph F. I highlight that because generally if we were a general purpose government with a well established credit rating, we typically would sell bonds by competitive sale. We don't have that luxury of having any credit history for this District, therefore, the underwriter has to make the market for these bonds and that is what Mr, Regan has done through Hough & Company. Mr, Comeau asked did you say you have all of the attachments that go to this'? Mr. Reinders responded yes, and they will become part of the record. Mr. Comeau stated 1 have two issues in reference to the attachments. One was the Trust Indenture. There was language in there that needed to be deleted 3 December 27, 1996 1 6G 3 and modified so for official adoption, that should be included, Secondly, the latest POS has come out dated December 27. Mr. Fred Harris stated that is an attachment to this. I have the Trust Indenture with the black line changes if you would like to look at it. Mr. Comeau stated there was a certification that needed to be deleted. I would like to see tha t, Mr. Fred Harris stated these are the provisions required for the issuance of the bonds, It won't show up on the black line because it was deleted in a version prior to this but you will notice there is no certification required from U.S. Home as a condi tion of closing. Mr. Comeau stated underneath the contract, the first purchase has numerous certifications required. With that, does that hurt U.S. Home? Mr. Fred Harris responded it is more of an underwriters issue than it is for the Trust Indenture, For the Trust Indenture you want to make sure that the bonds are authorized and executed and delivered properly. As far as U.S. Homes, that is more of a credit issue, So it is properly in the Bond Purchase Agreement. As a result, the Trust Indenture is in there primarily because of the underwriter's request. It has been covered in the Bond Purchase Agreement. Mr. Comeau stated upon adoption, it is not acknowledgment that the certification is complete as offered by your attachments. Is that correct? Mr, Harris responded no. The certification and all certificates are in closing documents and not a part of this. Mr. Comeau asked do you anticipate any changes in the certifications required specifically from U .S, Home at this time because upon adoption of these certifications we will forward to the applicable people within U.S. Home to make sure that if we forward with a January 10 closing, that everything has been provided on a timely basis? Mr, Fred Harris responded those are not certificates that are required by bond counsel but by underwriter's counsel. I am not aware of any changes that he is planning to make. Mr. Anderson stated on the last version of the acquisition agreement, I see that we delayed providing the District with any vital insurance. Mr, Fred Harris stated this is a form of agreement. This Resolution authorizes changes to it. What it does provide is that whatever conveyances take place must be to the satisfaction of the District so therefore, you will have to decide what is going to make the District happy, The plat actually has to be recorded. 4 December 27, 1996 1 6G 3 That cannot be done at closing because of various other requirements, so rather than set a precedent that maybe cannot be met, I thought it would be better to just generally state that the conveyances of the improvements will be in accordance with approvals of the District and then leave that to you on how that gets done and the developer. Mr. Anderson asked what conveyances will occur? Mr. Reinders responded I think what we are contemplating is that there is a bill of sale. There can be an agreement to dedicate in accordance with the dedication language that has already been set on the plat. I need to understand where your comfort level is so that we can figure out what we can and cannot do and in what sequence, Mr. Anderson stated the other question is about the Bond Purchase Agreement, in the unlikely event that this shouldn't close, what kind of exposure does the District have? Mr. Fred Harris responded if it does not close, you don't execute and deliver bonds, There is no real exposure, it would just come undone, The underwriter would have to eat its cost and the developer has certain costs that they would have to incur but the District does not have any direct costs. I may be wrong about that. Mr. Comeau asked are the engineering costs being paid for by Ronto or are they paid in anticipation of closing on these bonds? Mr. Reinders responded my recollection of the understanding between the developer and the various consultants is that their work product leading up to this bond closing was the responsibility of the developer, whether it closed or it didn't close. Mr. Comeau stated then there is no potential exposure, Mr. Reinders stated no. I don't recall that we have contracted anything through the District related to that, such that they are looking at us to meet any of those obligations. Mr, Klass stated underneath the assessment. methodology there has been some changes in the proposed replatting. It is anticipated that those dollar amounts for the those products would be allocated depending on what total amounts will be, If it is 120 units, whatever is allocated here will be spread among those units or will it be redistributed among the estate, executive, multi- family lots? Mr. Reinders responded my recollection of the assessment methodology that Mr. Fishkind put together is specific language is in there to reflect that when 5 December 27, 1996 1 6G -, :; the final plat is recorded, then the appropriate adjustment will take place to modify or respread that lien to the number of units and the types of units consistant with the methodology set forth. It is a post recordation exercise but one that has a defined format. Mr. Regan stated time was not in our favor. We have a deadline. We had a lot of conflicts with this transaction, not to mention the first month and a half we were involved with Dove Pointe. I would have liked to have seen a better yield. Those bonds are not sold at a discount, they are sold at par so you redeem at par. The best non rated transaction I have seen was done about a month ago for 20 years at 7.5%. Mr. Reinders stated Dr. Fishkind is available by phone if we want his opinion about other terms. I think his position was he would recommend it to us. Mr. Moyer stated we need a motion adopting Resolution 97-4, authorizing the negotiated sale of $6,000,000, Heritage Greens C.D.D. bonds. On MOTION by Mr, Bailey seconded y Mr. Harris wi all in favor Resolution 97-4, authorizing the negotiated sale, $6,000,000 Heritage Greens special assessment bonds was ado ted. Mr. Reinders asked do we need to discuss our next meeting? We should be sufficiently authorized at this point to take this matter through closing on the bonds. Mr. Comeau stated I would request copies of whatever I don't have copies of. Mr, Fred Harris asked in an abundance of caution, would you consider continuing this meeting until the 9th or sometime prior to closing in case there is a problem? That way you don't have to re-advertise. Mr. Moyer stated we can set that for the 9th at 1:00 P.M. Mr. Reinders asked do we have a location issue if we do that? Mr. Moyer responded it has to be in the County. Mr. Reinders stated we are talking about being on the other coast on the 9th, What about meeting on the 8th? Mr, Fred Harris asked can't you continue it until the 9th and then if the meeting does not need to tuke place, you can cancel? 6 December 27, 1996 1 6G 3 Mr. Moyer responded yes. We can identify this as the location, then those of you who are not on the east coast can assemble here and we can join in on a conference call. On MOTION by Mr. Comeau seconded by Mr. Harris with all in favor the meeting was recessed until January 9, 1997 at 1:00 P,M, to be held at 277 N. Collier Boulevard, Marco Island, ~< Secretary ~ 7 AGENDA HERITAGE GREENS COM:MUNITY DEVELOPMENT DISTRICT 1 6G 3 Friday December 27, 1996 1:00 P.M. continued from 12/23/96 277 N. Collier Boulevard Marco Island, Florida 1. Roll Call 2. Consideration of Certain Documents Related to the Issuance of District Bonds 3. Other Business 4. Adjournment ......- --qo 1 6G 3 Heritage Greens Community Development District Preliminary Calculations and Sources and Uses William R. Hough & Co. December 27,1996 1 6G 3 COLLIER COUNTY, FLORIDA HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, SERIES 1997 Summary Sources and Uses of Funds Sources of Funds Par Amount of Bonds Accrued Interest Total Sources of Funds $6,010,000,00 12.375.00 56,012,375.00 Uses of Funds 1. Construction Fund 2, Capitalized Interest 5/1/98 3. Debt Service Reserve Fund 4, Underwriter's Discount 5, Cost of Issuance 6..... Accrued Interest Total Uses of Funds $4,407,500.00 647,625.00 600,000.00 150,000.00 194,875.00 12.375.0Q $6,012,375.00 I. Proceeds for acquisition and infrastructure costs. 2. Pays interest on bonds through 5/1/98 (gross funded). 3. Provides security of debt service payment for one year. 4. Costs charged by the underwriter for management, sales, risk and expenses relating \0 the issuance of the bonds. S. Costs of the District which includes Bond Counsel, Financial Advisor, Trustee. Trustcc's Counsel. Methodology report, printing of Official Statement. 6. Interest paid by the buyer of the bonds from January I, 199710 January 10, 1997. 1 6G 3 COLLIER COUNTY, FLORIDA HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, SERIES 1997 Bond Statistics Coupon: Maximum annual debt service: Date of Maximum annual debt service: Calls First Call: Premium: Dated Date: Closing Date: First Interest Payment: 8.25% $614,956 November 1,2014 May I, 2007 103% January 1, 1997 January 10, 1997 May I, 1997 COLLIER COUNTY, FLORIDA HERlT AGE GREENS COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, SERIES 1997 1 6G 3 DebtServkeScheduks Semi-Annual Payments __-...~ ,......,..,__.___.___.____ .'.~-r _-. .~ 1iI0N 1.:1:59 FAX 81:18958802 WILLIAliI R. HOUGH& CO, ...... NAPLES ~OO3 1.2123/98 HERITAGE GREENS SPECIAL ASSESSMENT PROJECT 1 6G 3 SPECIAL ASSESSMENT BONDS, SERIES 1997 Debt Service From 01/01/97 Date Principal Rate Interest Total P+I Annual O/S 05/01/9'7 165,000.00 165,000.00 11/01/9'7 247,500.00 247,500.00 412,500.00 05/01/98 247,500.00 24'7,500.00 11/01/98 24'7,500,00 247,500.00 495,000.00 05/01/99 120,000 8.250 247,500.00 367,500.00 11/01/99 242,550.00 242,550.00 610,050.00 OS/01/00 135,000 8.250 242,550.00 37'7,550.00 11/01/00 236,9Bl.25 236,981.25 614,531.25 05/01/01 145,000 8.250 236,981. 25 381,981.25 11/01/01 231,000.00 231,000.00 612,981.25 05/01/02 155,000 8.250 231,000,00 386,000.00 11/01/02 224,606.25 224,606.25 610,606.25 05/01/03 170,000 8.250 224,606.25 394,606.25 11/01/03 217.593.75 217,593.75 612,200.00 05/01/04 185,000 B.250 217,593.75 402,593.15 11/01/04 209,962.50 209,962.50 612,556.25 05/01/05 200,000 8.250 209,962.50 409,962.50 11/01/05 201,712.50 201,712.50 611,675.0C OS/01/06 220.000 8.250 201,712.50 421,712.50 11/01/06 192,637.50 192,637.50 614,350.0C 05/01/07 235,000 8.250 192,637.50 427,637.50 11/01/07 182,943.75 182,943.75 610,581.2~ 05/01/08 255,000 8.250 182,943.75 437,943.75 11/01/0B 172,425.00 172,425.00 610,368.7! OS/01/09 280,000 8.250 172,425.00 452,425.00 11/01/09 160,875,00 160,875.00 613.300.0 OS/01/10 305,000 8.250 160,875.00 465,875.00 11/01/10 148,293.75 148,293.75 614,168.7 05/01/11 330,000 8.250 148,293.75 478,293.75 11/01/11 134,681.25 134,681.25 612,975.0 05/01/12 360,000 8.250 134,681.25 494,681.25 11/01/12 119,831.25 119,831.25 614,512.~ OS/01/13 390,000 8,250 119,831.25 509,S:n.25 11/01/13 103,743.75 103,743.75 613,575.( 05/01/14 425,000 8.250 103,'743.75 528,743.75 11/01/14 86,212,50 86,212.50 614,9S6.~ OS/01/15 460,000 8.250 86,212.50 546,212.50 11/01/15 67,237.50 67,237.50 613,450.1 05/01/16 500,000 8.250 67,237.50 567,237.50 11/01/16 46,612.50 46,612.50 613,850. 05/01/17 540,000 8.250 46,612.50 586,612.50 11/01/17 24,337.50 24,337.50 610,950. 05/01/18 590,000 8.250 24.337.50 614,337.50 11/01/18 0.00 0.00 614,337. Tctal 6,000,000 7,163,475.00 13,163,475.00 Accrued thru 01/10/97 12,375.00 12,375.00 Net Coat 7,151,100.00 13,151,100.00 Average Coupon 8,250 Bond Years 85,680.000 Average Life 14 ,447 _._ ._ ro_ ___~._~ ~~ -.-.-",--....------~..... _._.~.. -..- --- -....... ' 1 6G 3 COLLIER COUNTY, FLORIDA HERIT AGE GREENS COMMUNITY DEVELOPMENT DISTRlCf SPECIAL ASSESSMENT BONDS, SERIES 1997 Lien Assessment Allocation I- o UJ -, ~ o - ,a: ~ i~~~l I ffi en Ie 1: l:e u: ~ : ~ gli IUJ C 'a Ifn Z . !(/)o~.. 'c( ~- i~ ffi ~ ~ 10 :) ~ :- iUJ Z 1= 0 !a. UJ <~ '(/) Gj lJ:x: if/) ~ ~ !z !Z ~o iUJ ~ ~ ~ !~~ffi::i 10 cr:l... '.UJ C ~ , UJ W ,0>< WI <t-lIl t:L1.~ a: W LU :J :I: -- --T------rg-;J ~ ~' ! ::l::lW 1 ~ ~ ~ i < W III i 0.. W, i III III <, s;i!Z ~W' 0:1 ~III. 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'" .. ... i. ~ 8 ~ ~ 8 ~ I 8 ~ . i ..: RESOLUTION NO. 97-4 1 bG 3 A RESOLUTION OF THE HERITAGE GREENS coMMUNITY DEVELOpMENT DISTRICT AUTHORIZING THE NEGOTIATED AND PRIVATE SALE OF $6,000,000 HERITAGE GREENS COMMUNITY DEVELOpMENT DISTRICT (COLLIER COUNTy, FLORIDA) SPECIAL ASSESSMENT BONDS, SERIES 1997 FOR THE PURPOSE OF FINANCING THE COST OF ACQUISITION, EQUIPPING AND CONSTRUCTION OF THE INFRASTRUCTURE IMPROVEMENTS AND FACILITIES ANCILLARY THERETO; FIXING INTEREST RATES, MATURITY SCHEDULES, REDEMPTION PROVISIONS AND CERTAIN OTHER TERMS AND DETAILS OF SUCH BONDS; AWARDING THE SALE THEREOF TO WILLIAM R. HOUGH & CO., NAPLES, FLORIDA, SUBJECT TO THE TERMS AND CONDITIONS OF A BOND PURCHASE CONTRACT; AUTHORIZING THE EXECUTION AND DELIVERY OF THE BOND PURCHASE CONTRACT; RATIFYING THE DISTRIBUTION OF A PRELIMINARY LIMITED OFFERING MEMORANDUM; AUTHORIZING THE DISTRIBUTION OF A LIMITED OFFERING MEMORANDUM IN CONNECTION WITH THE DELIVERY OF THE BONDS; APPOINTING A TRUSTEE, REGISTRAR AND PAYING AGENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN IMPROVEMENT ACQUISITION AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF THE TRUST INDENTURE (THE "TRUST INDENTURE") BETWEEN THE DISTRICT AND THE TRUSTEE; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; RATIFYING THE EXECUTION AND DELIVERY OF THE DTC LETTER; AUTHORIZING THE EXECUTION ~~ DELIVERY OF A CONSTRUCTION AND MAINTENANCE AGREEMENT; DESIGNATING THE BONDS AS "QUALIFIED TAX-EXEMPT OBLIGATIONS" FOR THE PURPOSES AND WITHIN THE MEANING OF SECTION 265 (b) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT TO TAKE ALL ACTIONS REQUIRED AND EXECUTE AND DELIVER ALL DOCUMENTS, INSTRUMENTS AND CERTIFICATES NECESSARY IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF SAID BONDS; SPECIFYING THE APPLICATION OF THE PROCEEDS OF SAID BONDS i AMENDIliG RESOLUTION 97 -2 AND AUTHORIZING PREPA'l'MENT OF SPECIAL ASSESSMENTS IN WHOLE ]l.T ANY TIME OR IN PART ONE TIME; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COM~ruNITY DEVELOPMENT DISTRICT: ________.-'- _v~~ '\ : I ' . ' ' . : . ' , ,. , .... . ' ~ \ . ,; ," f ,f . . .. I' . . t . ~. . \ ': ~ ! ~ " \ '. \ ,... . .' ' , " '. '. , .. , ' ... " ~ f . " ,~ " \. .... .' . . \ . I ~ . . 1 6G 3 SECTION 1. AUTHORITY FOR THIS RESOLUTION. The Heritage Greens Community Development District (the "District n) is authorized to adopt this resolution under the authority granted by the provisions of Chapter 190, Florida Statutes, as amended, and other applicable provisions of law and Ordinance No. 93-39 and Ordinance 93-70, adopted by the Board of County Commissioners of Collier County, Florida on July 20, 1993 and September 28, 1993, respectively. SECTION 2. FINDINGS, It is hereby found and determined that: (a) On February 11, 1994, the Board of Supervisors (the "Board") adopted Resolution 94-4 authorizing issuance of not to exceed $6,000,000 of Dove pointe (now Heritage Greens) Community Development District (Collier County, Florida) Special Assessment Bonds (the "Bonds") to finance the acquisition, equipping and construction of the Infrastructure described in the Engineer's Report (the nproject") (the "Bond Resolution") . (b) On April 29, 1994 the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida issued a Final Judgment validating the Bonds and from which no appeal was taken. (c) Due to several problems, the issuance of the Bonds has been delayed. (d) The acquisition, equipping and construction of the Project is hereby deemed to be a special benefit of the property within the District affected thereby and in the best interest of the District and in furtherance thereof and pursuant to the Bond Resolution, the District deems it to be in its best interest to issue its Special Assessment Bonds, Series 1997, in the aggregate principal amount of $6,000,000 (the "Series 1997 Bonds") and to apply the proceeds of the Series 1997 Bonds to the Costs of the Project, to fund a Debt Service Reserve Fund to pay capitalized interest on the Series 1997 Bonds during the construction period and to pay costs of issuance of the Series 1997 Bonds. (e) All the provisi~ns, covenants, pledges and conditions in the Bond Resolution and the Trust Indenture shall be applicable to the Series 1997 Bonds and such Series 1997 Bonds shall constitute "bonds" within the meaning of the Trust Indenture. The principal of, premium, if any, and interest of the Series 1997 Bonds herein authorized in all sinking fund, reserve and other payments provided for in the Bond Resolution and Trust Indenture shall be payable solely from the Pledged Revenues and, to the extent provided in the Bond Resolution or Trust Indenture, from moneys on deposit from time to time in the Funds and Accounts created under the Trust Indenture, and it will not be necessary nor has there been authorized the levy of taxes on any property in the District to pay for the same, and, although there will be a lien of the Special 2 1 bG 3 Assessments on property within the District that is not owned by the District, the Series 1997 Bonds shall not constitute a lien upon any of the properties of the District, except the pledged Revenues and the Funds and Accounts created under the Trust Indenture, nor shall the Series 1997 Bonds be secured by the credit or taxing power of the District or the general funds of the District not expressly pledged under the Trust Indenture. (f) Due to the present volatility of the market for tax exempt obligations such as the Series 1997 Bonds, and the complexity of the transactions relating to such Series 1997 Bonds, it is in the best interest of the District to sell the Series 1997 Bonds by a negotiated sale, in order to allow the District to enter the market at the most advantageous time, rather than a specified date, thereby permitting the District to obtain the best possible price and interest rate for the Series 1997 Bonds. The District acknowledges receipt of the information required by Section 218.385, Florida Statutes, in connection with the negotiated sale of the 1996 Bonds. A copy of said disclosure of the Underwriter of the Series 1997 Bonds containing the aforementioned information as attached as an Exhibit to the hereinafter described purchase Contract. (g) William R, Hough & Co. , Naples, Florida (the "Underwriter") has offered to buy the Series 1997 Bonds from the District and have submitted a Bond purchase Agreement attached hereto as Exhibit A (the "purchase contract") expressing the terms of such offer and the District does hereby find and determine that it is in the best interest of the District that the as terms expressed in the purchase Contract be accepted by the District. (h) The Bond Resolution provides that the Series 1997 Bonds shall be dated, shall mature on such dates and in such amounts, shall bear such rates of interest, shall be payable in such places and shall be subject to such redemption provisions among other matters and shall be determined by a resolution adopted by the District and it is now appropriate to determine such terms and details. (i) All capitalized terms used herein and not otherwise defined herein shall have the meaning described thereto in the Trust Indenture, unless otherwise provided or unless the context otherwise clearly requires. To the extent necessary to effectuate the term~ and conditions hereof, the Trust Indenture is hereby incorporated herein by this reference. SECTION 3. AUTHORIZATION AND DESCRIPTION OF THE SERIES 1997 BONDS. The Project is hereby authorized, which Project shall include the roadways, drainage, water and sewer and other infrastructure and improvements described in the hereinafter mentioned Limited Offering Memorandum. The District hereby 3 -"--- 1 bG 3 authorizes the issuance of bonds in the initial aggregate amount of $6,000,000 that shall be known as the "Heritage Greens Community Development District (Collier County, Florida) Special Assessment Bonds, Series 1997." The Series 1997 Bonds are being issued for the principal purpose of providing funds which will be used to pay the cost of the Project, to fund a Debt Service Reserve Account, to fund a Capitalized Interest Account and to pay the costs of issuance for the Series 1997 Bonds. The Series 1997 Bonds shall be issued pursuant to the Bond Resolution and Trust Indenture and all provisions, covenants, pledges, and conditions of the Bond Resolution and Trust Indenture shall be applicable thereto. Prior to or simultaneously with the issuance of the 1996 Bonds, the Trustee shall have executed and delivered to the District its acceptance of its duties under the Trust Indenture, which acceptance is required by the Act. The District, by and through its Chairman or its vice Chairman, shall execute and deliver the Trust Indenture in the form attached hereto as Exhibit B, with such changes, modif icat ions, omissions, insertions and variations as shall be approved by the Chairman or vice Chairman of the District. Execution by the Chairman or the Vice Chairman of the District of the Trust Indenture shall be conclusive evidence of approval of such changes. The Series 1997 Bonds will be initially issued as a single registered bond for each maturity registered in the name of Cede & Co., the nominee for the Depository Trust Company, New York, New York ("DTC"). The Series 1997 Bonds will be dated December 1, 1996, and shall be issued in denominations of $5,000, however the initial Purchaser must buy a minimum amount of $100,000 of Series 1997 Bonds, and said Series 1997 Bonds will bear interest payable semiannually on November 1st and May 1st of each year commencing May 1st, 1997, at the rates and mature in the amounts and on the dates set forth in the Limited Offering Memorandum hereinafter described, which matters are hereby incorporated herein by this reference. So long as there shall be maintained a book-entry-only system with respect to the Series 1997 Bonds, the following provisions shall apply: DTC will act initially as securities depository for the Series 1997 Bonds and so long as the Series 1997 Bonds are held in the book-entry-only form, Cede & Co., shall be considered the registered owner for all purposes hereof. On original issue, the Series 1997 Bonds shall be deposited with DTC which will bE: responsible for maintaining a book-entry-only system for recording the ownership interest of its participants ("DTC Participants") and other institutions that clear through or maintain a custodial relationship with DTC Participants either directly or indirectly (" Indirect part.icipants ") , 'The DTC Participants and Indirect Participants will be responsible for maintaining records with 4 1 6G 3 respect to the beneficial ownership interest of individual purchasers of the Series 1997 Bonds ("Beneficial Owners") . Interest and principal at maturity on the Series 1997 Bonds shall be payable directly to Cede & Co. in care of DTC. Disbursal of such amounts to the DTC Participants shall be the responsibility of DTC. Payments by DTC Participants to Indirect Participants, and by DTC Participants and Indirect Participants to Beneficial Owners shall be the responsibil i ty of DTC Participants and Indirect Participants and not DTC, the District or the Paying Agent. The Series 1997 Bonds shall initially be issued in the form of a fully registered Series 1997 Bond for each maturity and shall be held in such form until maturity. Individuals may purchase beneficial interests in the amount of $5,000 or integral multiples of $5,000 in book-entry-only form, without certificated Series 1997 Bonds, through DTC Participants and Indirect Participants. DURING THE PERIOD FOR WHICH CEDE & CO. IS REGISTERED OWNER OF THE SERIES 1997 BONDS, ANY NOTICE TO BE PROVIDED TO ANY REGISTERED OWNER WILL BE PROVIDED TO CEDE & CO. DTC SHALL BE RESPONSIBLE FOR NOTICE TO DTC PARTICIPANTS AND DTC PARTICIPANTS SHALL BE RESPONSIBLE FOR NOTICE TO INDIRECT PARTICIPANTS AND DTC PARTICIPANTS AND INDIRECT PARTICIPANTS SHALL BE RESPONSIBLE FOR NOTICE TO INDIVIDUAL PURCHASERS OF BENEFICIAL INTERESTS. The District is authorized to enter into a letter agreement with DTC providing for such book-entry-only system. Such agreement may be terminated at any time by either DTC or the District. In the event of such determination, the District shall select another securities depository. If the District does not replace DTC, the Bond Registrar will register and deliver to Beneficial Owners replacement Series 1997 Bonds in the form of fully registered Series 1997 Bonds in denominations of $5,000 or integral multiples thereof, in accordance with instructions from Cede & Co. SECTION 4. REDEMPTION PROVISIONS. The Series 1997 Bonds shall be subject to mandatory sinking fund redemption, optional redemption and extraordinary mandatory redemption as set forth in the Limited Offering Memorandum attached as Exhibit E hereof, which redemption provisions are hereby incorporated herein by this reference. Upon extraordinary mandatory redemption, optional redemption, or purchase and retirement by the District of the Series 1997 Bonds, the Amortization Requirements applicable to the Series 1997 Bonds and as set forth in the Purchase Contract may be adjusted as hereinafter set forth. The District shall, from time to time as appropriate, determine the principal amount of Series 1997 Bonds that are no longer Outstanding as a result of extraordinary mandatory redemptions, optional redemptions or purchase and retirement of Series 1997 Bonds by the District made 5 from sums on deposit in the Redemption Account (collectively, "Credit") and the District shall select an underwriter, financial adviser or certified public accountant ("Financial Consultant") to allocate the Credit not previously allocated ("Available Credit") among one or more future Bond Years so that after such allocation of the Available Credit the principal and Interest Requirements on the Series 1997 Bonds will, as nearly as possible, subject to the matters hereinafter set forth, be payable on a level debt service basis, The Financial Consultant shall take into consideration any monies on deposit in the Sinking Fund available to pay Principal and Interest Requirements in subsequent Bond Years, the estimated amount of Pledged Revenues to be received in the future Bond Years (assuming that in each future Bond Year ninety-six percent (96%) of the annual installments of the Special Assessments will be collected and that such monies will be received by the Trustee not later than the last business day in March following the November 1 on which they are due) and the amounts in the Reserve Fund which will be available to retire Series 1997 Bonds at their final maturity, in order to determine that, based on such assumptions, monies will be available to satisfy the Principal and Interest Requirements in each future Bond Year. Based upon the foregoing, the Financial Consultant shall apply the Available Credit by allocating same in a manner that will result in approximately level Principal and Interest Requirements and which will result in the pledged Revenues available during each subsequent Bond Year being sufficient to satisfy the principal and Interest Requirements in such future Bond Year. The Financial Consultant's conclusion shall be set forth in a report ("Revised Amortization Requirements Report"), showing the new principal amount of Series 1997 Bonds to be payable in each subsequent Bond Year as a result of mandatory sinking fund redemption and, at maturity, taking into account the Available Credit, and showing the application of the Available Credit, as applied, to each future Bond Year. The Revised Amortization Requirements Report shall be presented to the District for review and approval. If the District finds the revised schedule does not meet the requirements of this provision, then the Financial Consultant, or another Financial Consultant selected by the District, shall revise the schedule and present such revised report to the District for approval. An approved Revised Amortization Requirements Report shall be adopted by a resolution of the District, shall revise the schedule and present such revised report to the District for approval, An approved Revised Amortization Requirements Report shall be adopted by a resolution of the District, supplemental to this resolution, setting forth the new schedule for Amortization Requirements and such resolution shall be promptly deliver:ed to t.he Trustee. The Trustee shall, within ten (10) business days thereafter, mail a copy of the Revised Amortization Requirements Report to any person who is a holder of ten percent (10%) or more of the principal amount of the Series 1997 Bonds and to any other holder who has filed a written request with the Trustee requesting same. For the purposes hereof, the holder shall be those persons who were registered owners of the 6 16G 3 Series 1997 Bonds as of the close of business on the first business day following the date the Trustee receives the resolution adopting the Revised Amortization Requirements Report. Thereafter, principal of the Series 1997 Bonds shall be subject to mandatory sinking fund redemptions in accordance with the Revised Amortization Requirements Report. SECTION 5. FORM OF SERIES 1997 BONDS; EXECUTION OF SERIES 1997 BONDS. The form of the Series 1997 Bonds is annexed hereto as Exhibit C. The Chairman or Vice Chairman of the District are hereby authorized and directed to execute, and/or to cause their facsimile signatures to be placed on, each of the Series 1997 Bonds and to cause the corporate seal of the District to be imprinted or reproduced thereon and to deliver the Series 1997 Bonds to the Bond Registrar for authentication and delivery. The form of the Series 1997 Bonds shall be substantially as set forth in Exhibit C, with such changes, amendments, modifications, omissions, insertions and variations as may be approved by the Chairman or Vice Chairman. Execution by the Chairman or Vice Chairman of the Series 1997 Bonds shall be conclusive evidence of approval of such changes. SECTION 6. SALE OF THE SERIES 1997 BONDS. The Series 1997 Bonds shall be sold to the Underwriter pursuant to the Purchase Contract at the purchase price provided in such Purchase Contract, plus accrued interest from January 1, 1997 to the date of delivery. All terms and conditions set forth in the Purchase Contract are hereby approved, The Chairman or Vice Chairman is hereby authorized and directed to execute, and the District Secretary is hereby authorized and directed to attest under the corporate seal of the District, said Purchase Contract and to deliver the same to the Underwriter on behalf of said Purchase Contract and to deliver the same to the Underwriter on behalf of the District. The Series 1997 Bonds shall be delivered to the Underwriter in accordance with the terms of the Purchase Contract as same may hereafter be modified with consent of the Chairman or Vice Chairman, authorization for such modification being hereby delegated to the Chairman or Vice Chairman, provided no modification substantially and adversely alters any material provisions affecting the District. Execution by the Chairman or Vice Chairman of the Purchase Contract shall be deemed to be conclusive evidence of approval of such modifications, SECTION 7. APPLICATION OF SERIES 1997 BOND PROCEEDS. The proceeds derived from the sale of the Series 1997 Bonds shall be delivered to the Trustee and applied by the Trustee simultaneously with the delivery thereof for the purposes stated in, and in a manner consistent with, the hereinafter mentioned Limited Offering Memorandum. The specific amounts to be deposited in the Funds and Accounts created under the Bond Resolution shall be as set forth in a certificate executed by the Chairman or Vice Chairman and delivered at the time of issuance of the Series 1997 Bonds. 7 , ~",,"'" :;. . ,~'_" ...., ",::' '. ....., ,~.. '. ._ .~~~:".' ",I'. .-~ 1 6G 3 SECTION 8. PRELIMINARY LIMITED OFFERING MEMORANDUM. The Preliminary Limited Offering Memorandum relating to the Series 1997 Bonds dated November 27, 1996, and annexed hereto as Exhibit D is hereby approved, The Preliminary Limited Offering Memorandum is hereby deemed final within the meaning of Rule lSc2-12 of the Securities and Exchange Commission. The use of the Preliminary Limited Offering Memorandum by the Underwriter in connection with the sale of the Series 1997 Bonds is hereby ratified. The form, terms and provisions of the final Limited Offering Memorandum relating to the Series 1997 Bonds dated the date hereof submitted at this meeting and attached hereto as Exhibit E (the "Limited Offering Memorandum"), are hereby approved with respect to the information therein contained, The Chairman or Vice Chairman is hereby authorized and directed to execute and deliver said Limited Offering Memorandum on behalf of the District, and thereupon to cause such Limited Offering Memorandum to be delivered to the Underwriter with such changes, amendments, modifications, omissions and additions as may be subsequently approved by the Chairman or Vice Chairman. Execution by the Chairman or Vice Chairman of the Limited Offering Memorandum shall be deemed to be conclusive evidence of approval of such changes. Said Limited Offering Memorandum, including any such changes, amendments, modifications, omissions, insertions and variations as approved by the Chairman, and the information contained therein, is hereby authorized to be used in connection with the sale of the Series 1997 Bonds. SECTION 9. APPOINTMENT OF TRUSTEE, BOND REGISTRAR AND PAYING AGENT. The appointment and designation of First Union National Bank of Florida, Miami, Florida, as Trustee, Bond Registrar and Paying Agent for the Series 1997 Bonds is hereby approved, ratified and confirmed. The Di;trict hereby collaterally assigns to the Trustee, for the benefit of Bondholders, all Pledged Revenues and other monies to be deposit~d in the Funds, Accounts and subaccounts as established by, and provided in, the Trust Indenture and this resolution and shall deliver custody of such monies to the Trustee immediately upon the receipt thereof, The Trustee shall hold, apply, invest and reinvest such Pledged Revenues and monies on deposit in the Funds and Accounts, together with monies in the Rebate Fund, in such a manner as provided in the Trust Indenture and herein. The Chairman is hereby authorized, without further act of the District, to enter into any agreements with such Trustee, Bond Registrar and Paying Agent which may be necessary to reflect the obligation of such Trustee, Bond Registrar and Paying Agent to reflect the obligation of such Trustee, Bond Registrar and Paying Agent to accept and perform the respect i ve duties imposed upon each, and to effectuate the transactions contemplated, by this resolution and the Trust Indenture. SECTION 10. EXECUTION AND DELIVERY OF CONTINUING DISCLOSURE AGREEMENT. The District hereby authorizes and directs the Chairman or Vice Chairman to execute and delivery and the District Secretary 8 4~ .........~,...___~__ ~"'-...n:........................ .--,A 16G 3 to attest under the corporate seal of the District the continuing Disclosure Agreement substantially in the form annexed hereto as Exhibit F (the "Continuing Disclosure Agreement") by and between the District and Developer. The Acquisition Agreement may hereafter be modified with the consent of the Chairman or vice Chairman, authorization for such modification being hereby delegated to the Chairman or vice Chairman, provided no modification substantially and adversely alters any material provisions affecting the District. Execution by the Chairman or Vice Chairman of the Acquisition Agreement shall be deemed to be conclusive evidence of approval of such modifications. SECTION 11. EXECUTION AND DELIVERY OF IMPROVEMENT ACQUISITION AGREEMENT. The District hereby authorizes and directs the Chairman or Vice Chairman to execute and delivery and the District Secretary to attest under the corporate seal of the District the Improvement Acquisition Agreement substantially in the form annexed hereto as Exhibit G (the "Acquisition Agreement") by and between the District and Developer. The Acquisition Agreement may hereafter be modified with the consent of the Chairman or vice Chairman, authorization for such modification being hereby delegated to the Chairman or vice Chairman, provided no modification substantially and adversely alters any material provisions affecting the District. Execution by the Chairman or vice Chairman of the Acquisition Agreement shall be deemed to be conclusive evidence of approval of such modifications. SECTION 12. RATIFICATION OF DTC LETTER AGREEMENT. The District hereby ratifies the prior execution and delivery of the DTC letter (the "DTC Agreement") by and betwee::1 the District and DTC, pursuant to which DTC will act as securities depository for the Series 1997 Bonds. All of the provisions of the DTC Agreement, when duly authorized, executed and delivered by DTC shall be deemed to be a part hereof as fully and to the same extent as if incorporated verbatim herein, SECTION 13. CONSTRUCTION AND MAINTENANCE AGREEMENT. '!'he District hereby authorizes and directs the Chairman or Vice Chairman to execute and delivery and the District Secretary to attest under the corporate seal of the District the Construction and Maintenance Agreement of Subdivision Improvements for c~ty Development District~ substantially in the form annexed hereto as Exhibit H (the "Construction and Maintenance Agreement-) by and between the District, Collier County, Florida and Developer. The Construction and Maintenance Agreement may hereafter be modified with the consent of the Chairman or vice Chairman, a~thorization for such modification being hereby delegated to the Chairman or vice Chairman, provided no modification substantially and adversely alters any material provisions affecting the District. Execution by the Chairman or vice Chairman of the Acquisition Agreement shall 9 1 6G 3 be deemed to be conclusive evidence of approval of such modifications. SECTION 14. DESIGNATION OF BONDS. The Bonds are hereby designated by the District as "Qualified Tax-Exempt Obligations" for the purposes, and within the meaning of Section 26S(b) of the Internal Revenue Code of 1386, as amended. The District has not issued any obligations other than the Bonds on or after January 1, 1996 nor intends to issue additional obligations prior to January 1, 1998. SECTION 15. AMENDMENT OF RESOLUTION NO. 97-2 AND AUTHORIZING PREPAYMENT OF ASSESSMENTS: Resolution No. 97-2 is amended by adding the following: Assessments on each platted benefitted parcel shall be subject to prepayment at the option of the owner of such parcel, in whole, at any time, or, in part, one time only, together with interest to the sooner of the next succeeding May 1 or November 1 which is more than forty-five (45) days following the date of prepayment at the rate of interest (based on true interest cost) of the Bonds. The District shall evidence such prepayment by recording a release in the property records maintained by the Clerk of Circuit Court of Collier County, Florida. SECTION 16. GENERAL AUTHORITY. The Chairman, Vice Chairman, the District Secretary, the District Attorney, and any other proper officials of the District are hereby authorized to do all acts and things required of them by this resolution, the Bond Resolution, the Limited Offering Memorandum, the Series 1997 Bonds, the Continuing Disclosure Agreement, the DTC Agreement and the Purchase Contract, or that may otherwise be desirable or consistent with accomplishing the full, punctual and complete performance of all the terms, covenants and agreements contained in any of the foregoing, and each member, employee, attorney and officer of the District is hereby authorized and directed to execute and deliver any and all papers and instru~ents and to cause to be done any and all acts and things necessary and proper for carrying out the transactions cuntemplated thereby. Each member of the Board other than the Chairman is hereby designated as a vice Chairman for the purposes hereof and may, in such capacity execute and deliver such documents, instruments and certificates as shall be required of the Chairman in his or her stead. Each member of the Board other than the Secretary is hereby designated as an Assistant Secretary for the purposes hereof and may, in such capacity execute and deliver such documents, instruments and certificates as shall be required of the Secretary in his or her stead. The officers and officials of the District are hereby authorized to approve all changes to any of the documents and instruments presented to the Board herewith as shall be necessary 10 1 bG 3 in order to accomplish the purposes described in the Limited Offering Memorandum, evidence of such approval being the execution and delivery by such officers or officials of such documents and instruments containing such changes. SECTION 17. SEVERABILITY AND INVALID PROVISIONS. If anyone or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, but not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way effect the validity of the other provisions hereof or the Series 1997 Bonds. SECTION 18. BOND RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Bond Resolution and all the terms and provisions thereof, are and shall remain in full force and effect. SECTION 19. OPEN MEETINGS. It is hereby found and determined that all official acts of this Board concerning and relating to the issuance, sale, and delivery of the Series 1997 Bonds, including but not limited to adoption of this Resolution, were taken in open meetings of the members of the Board and all deliberations of the members of the Board that resulted in such official acts were in meetings open to the public, in compliance with all legal requirements including, but not limited to, the requirements of Florida Statutes, Section 286,011. SECTION 20. EFFECTIVE DATE. This resolution shall be effective im~ediately upon its adoption. Passed and adopted at a meeting of the District on the 27th day of December, 1996, DEVELOPMENT (SEAL) A~iEks-" 11 1 6G 3 EXHIBIT A BOND PURCHASE AGREEMENT 12 ',.' <~ >:1 (.','-:~ ,.;-~: f) :;:?'~'},':: ;:1 j:-~,i ;~:: \' I,' <:,~ .~~:: "." '.r I..... ~..r<l ~::~..".': >.: ;,'.\ '..:; . . .. ':~:: .:: .. ':,>.' ..~ ;':;:'/ ' ':: 1 6G 3 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT (Collier County, Florida) 56,000,000 Special Assessment Bonds, Series 1997 CONTRACT OF PURCHASE December 27, 1996 Heritage Greens Community Development District clo District Manager 10300 N.W. 11th Manor Coral Springs, Florida 33071 Gentlemen: The undersigned, (the "Under\ovriter") offers to enter into this agreement with Heritage Greens Community Development District (the "District") which, upon your acceptance of this offer, will be binding upon you and upon us. This offer is made subject to your acceptance of this agreement on or before 7:00 p.m" Eastern Daylight Time on December 27, 1996. 1. PJ,Jrchase Price. Upon the tenns and conditions and upon the basis of the respective representations, warranties and covenants set forth herein, the Underwriter hereby agrees to purchase from the District, and the District hereby agrees to sell to the Underwriter, all (but not less than all) of its $6,000,000.00 aggregate principal amount of Special Assessment Bonds, Series 1997 (the "Bonds"). The aggregate purchase price is $5,850,000.00, plus accrued interest from January 1, 1997 to the date of closing. and shall be paid by wire transfer against delivery of the Bonds. The purchase price is equal to the aggregate principal amount of the Bonds, less underwriter's discount in the aggregate amount of $150,000.00 (2,5%). The Bonds are to be issued under and pursuant to Chapter 190, Florida Statutes, as amended (the" Act"), a Trust Indenture, dated as of January I, 1997 (the "Indenture"), by and between the District and First Union National Bank of Florida, Miami, Florida, as trustee (the "Trustee") and a resolution of the District (the "Resolution") authorizing the execution and delivery of the Indenture and the issuance and delivery of the Bonds thereunder. ,.--.-""-.....-.---....- i i ~ l 1 1 6G 3 The Bonds shall mature, bear interest and be subject to redemption all as set fonh in the Indenture and described in the Limited Offering Memorandum referred to in Section 2 hereof. Terms initially capitalized herein and not otherwise defined he'rein shall have the meanings set fonh in the Limited Offering Memorandum referred to below. A disclosure statement and Truth in Bonding Statement submitted in compliance with Section 218.3 85, Florida Statutes, are attached hereto as Schedule I. 2, Limited Offerini Memorandum. At the time of your acceptance hereof, the District will make available to the Underwriter the final limited offering memorandum of the District, dated the date hereof, relating to the Bonds, in substantially the form approved by the District (which, together with the cover page, and all exhibits, appendices, and statements included therein or attached thereto and any amendments and supplements that may be authorized for use with respect to the Bonds is herein called the "Limited Offering Memorandum"), executed on behalf of the District by a duly authorized officer of the District, Such Limited Offering Memorandum is hereby "deemed final," by the District as of the date hereof for purposes of Rule 15c2-12 under the Securities Exchange Act of 1934. The District agrees that within seven (7) business days after its acceptance hereof, or one (I) business day prior to Closing, whichever is earlier, it shall make the Limited Offering Memorandum available to the Underv,'1;ter in quantities sufficient to allow compliance with Rule 15c2-12 of the Securities and Exchange Commission and the rules of the Municipal Securities Rulemaking Board. Delivery of such copies of the Limited Offering Memorandum shall constitute the District's approval thereof and its authorization for the Limited Offering Memorandum, the information contained therein and the documents referred to therein to be used in connection with the public offering of the Bonds by the Underwriter. The District hereby ratifies and consents to the use by the Underwriter on or before the date hereof, in conjunction with the public offering and pricing of the Bonds, of the preliminary limited offering memorandum of the District, dated November 27, 1996, relating to the Bonds (the "Preliminary Limited Offering Memorandum"), The District agrees with the Underwriter that if, during the period from the date hereof to and including the date which is twenty-five (25) days following the end of the underwriting period (as determined in accordance with the provisions below), any event shall occur which might or would cause the Limited Offering Memorandum to contain any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements contained therein, in the light of the circumstances under which they were made, not misleading, the District shall notify the Underwriter thereof, and ifin the opinion of the Underwriter such event requires a supplement to or an amendment of the Limited Offering Memorandum, the District will prepare and furnish to the Underwriter a reasonable number of copies of any supplement or amendment to the Limited Offering Memorandum (in form and substance satisfactory to the Underwriter) necessary so that the Limited Offering Memorandum as so supplemented or amended will not, in the light of the circumstances when the Limited Offering Memorandum as so supplemented or amended is delivered to a purchaser of a Bond, be misleading. 2 1 6G ..., ;; Unless otherwise notified in writing by the Underwriter on or prior to the date of the Closing, the District can assume that the "end of the underwriting period" for the Bonds for all purposes of Rule 15c2-12 under the Securities Exchange Act of 1934 is the date of the Closing, In the event such notice is given in writing by the Underwriter, which notice shall state whether it relates to the Bonds, the Underwriter agrees to notify the District in writing following the occurrence of the "end of the underwriting period" as defined in Rule 15c2-12 for the Bonds identified in such notice. The "end of the ur.derwriting period" as used herein shall mean the date of the Closing or such later date as to which notice is given by the Underwriter in accordance with the preceding sentence. By your acceptance hereof, you hereby authorize and approve the Limited Offering Memorandum and the fonn of the Indenture and other pertinent documents referred to in Section 6 hereof to be lawfully used by the Underwriter in connection with the offering and sale of the Bonds. 3. Limited Public Offerini, The Underwriter intends to make a limited public offering of all of the Bonds at not in excess of the public offering price set forth on the cover of the Limited Offering Memorandum and may subsequently change such offering price without any requirement of prior notice. The Underwriter may offer and sell Bonds to certain dealers (including dealers depositing bonds into investment trusts) and others at prices lower than the public offering price stated on the cover of the Limited Offering Memorandum. The Underwriter shall, at or prior to Ciosing, certify the price of at least ten percent (10%) of the Bonds as offered and sold to the public (excluding bond houses and brokers). 4. Representations and Warranties. The District hereby represents and warrants to the Underwriter that: (a) The District is a conununity development district duly organized under Chapter 190, Florida Statutes, as amended (the "Act"), is validly existing under the Constitution and laws of the State of Florid a, and is authorized and empowered under the Act and the other laws of the State of Florida (i) to finance, acquire, construct and install the infrastructure improvements within and outside the boundaries of the District (the "Project"), (ii) to issue and sell the Bonds for the purpose of financing, acquiring and constructing the Project, (iii) to secure the Bonds as provided in the Indenture and (iv) to execute, deliver and fulfill its obligations under this Contract of Purchase; (b) The District has duly authorized all necessary action to be taken by it for: (i) the issuance and sale of the Bonds upon the tenns set forth herein and in the Indenture; (ii) the approval of the Limited Offering Memorandum and the execution of the Limited Offering Memorandum by a duly authorized officer; (iii) the application of the proceeds of the Bonds upon the tenns set forth in the Indenture; and (iv) the execution, delivery and receipt of this Contract of Purchase, the Bonds, the Indenture, and any and all such other agreements and documents as may be required to be executed, delivered and received by the District in order to c.arry-out, give effect to, and consummate the transactions contemplated hereby and by the Bonds, the Indenture and the Resolution; 3 1 6G 3 (c) The information contained in the Limited Offering Memorandum under the captions "Introduction", "Description of the Bonds," "Security for and Source of Payment of Bonds,""The Project," "Estimated Sources and Uses of Funds" , "The District", "Disclosure Required by Florida Blue Sk-y Regulations" and "Litigation" is and, as of the date of Closing, will be correct in all material respects and such information does not contain and will not contain any untrue statement of a material fact and does not omit and will not omit to state a material fact required to be stated therein or necessary to make the statements in such Limited Offering Memorandum, in light of the circumstances under which they were made, not misleading; (d) The Bonds, when issued, delivered and paid for as provided herein and in the Indenture, will have been duly authorized, executed and issued and will constitute legal, valid and binding obligations of the District entitled to the benefits of the Indenture. The Bonds will be payable from and secured by Assessments imposed on all real property within the District benefitted by the Project and by a lien on such real property coequal with the lien of state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims, until paid; (e) The District will apply the proceeds from the sale of the Bonds as described in the Limited Offering Memorandum and as further specified in the Indenture and in certificates delivered at the Closing; (1) There is no action, suit, proceeding, inquiry or investigation at law or in equity or before or by any court, public board or body pending against or affecting the District or, to the best knowledge of the undersigned District representative, threatened against or affecting the District contesting the due organization and valid existence of the District or the validity of the Act or wherein an unfavorable decision, ruling or finding would adversely affect (i) the transactions contemplated hereby or by the Resolution or the Indenture, (ii) the validity or due adoption of the Resolution or the validity, due authorization and execution of the Bonds, the Indenture, this Contract of Purchase, or any agreement or instrument to which the District is a party and which is used or contemplated for use in the consummation of the transactio:ls contemplated hereby or by the Resolution or (iii) the legality, validity or enforceability of the assessment, levy or collection of the Assessments; (g) The authorization, execution and delivery by the District of the Limited Offering Memorandum, this Contract of Purchase, the Bonds, the Resolution, the Indenture and the other documents contemplated hereby and by the Limited Offering Memorandum. and compliance by the District with the provisions of such instruments, do not and will not conflict with or constitute on the part of the District a breach of or a default under any provision of the Constitution of the State of Florida or any existing law. court or administrative regulation, decree or order or any agreement, resolution, mortgage, lease or other instrument by which the District or its properties are, or on the date of Closing \\;1\ be, bound; 4 ---"--'~-_. .-.- _.~-_._--_.,,_._,-_...._-_.- .....~..-- ~- ,~--... ., ~-- .....--..,........-----_... 1 6G 3 (h) All permits, consents, approvals or licenses, if any, and all notices to or filings with governmental authorities necessary for the consummation by the District of the transactions described in the Limited Offering Memorandum, including the acquisition, construction and installation of every and each phase of the Project, and this Contract of Purchase (other than such permits, consents, licenses, notices and filings, if any, as may be required under the securities or blue sky laws of any federal or state jurisdiction) required to be obtained or made have been obtained or made or are reasonably expected to be obtained or made in a timely fashion as required for the anticipated completion of such transaction on the Project; (i) The District agrees to cooperate with the Underwriter and its counsel in any endeavor to qualify the Bonds for offering and sale under the securities or blue sky laws of such jurisdictions of the United States as the Underwriter may reasonably request, provided, however, that in no event shall the District be required to submit to service of process in any jurisdiction, and the District hereby consents to the lawful use of the Limited Offering Memorandum by the Underwriter in obtaining such qualifications, provided, however, that in no event shall the District be required to submit to service of process in any jurisdiction; and G) The District has not issued, assumed or guaranteed any material indebtedness, incurred any material liabilities, direct or contingent, or entered into any contract or arrangement of any kind payable from the Assessments except as set forth in the Indenture nor has it pledged or will it pledge the Assessments other than as set forth in the Indenture 5. ReiPstration orand Payment for the Bonds. At 10:00 a,m. on January 8,1997, or at such other time or date as shall have been mutually agreed upon by the District and the Underwriter, the District will have delivered, or have caused to be delivered, to The Depository Trust Company, New York, New York ("DTC") the Bonds and will then deliver, or cause to be delivered, to the Underwriter, all documents hereinafter mentioned, The Bonds shall be issued as one fully registered bond for each maturity, shall bear proper CUSIP numbers and shan be registered in the name of Cede & Co. as nominee of DTC, which win act as securities depository for the Bonds. Subject to the conditions contained herein, the Underwriter will pay the purchase price of the Bonds set forth in paragraph numbered I hereof by wire transfer to the Trustee and accept delivery of the Bonds, through the facilities ofDTC against payment therefor. Such payment and delivery is herein called the "Closing. " The Bonds will be made available to the Underwriter not less than 24 hours prior to the Closing for checking and for delivery to DTC pending Closing, 6, Ct11ain Conditions to Underwriter's Obliiations. The obligations of the Underwriter hereunder shall be subject to (i) the performance by the District of its obligations to be performed hereunder, (ii) the accuracy in all material respects of the representations and warranties of the District herein as of the date hereof and as of the time of the Closing, and (iii) the following conditions: 5 ._ _~ JI' I. , Ilii ._~------,------'. -""'~- :. ,~ . '. " ,; ~ i.. I~ .. I , I . t i I t ~. t I i ~ 1 6G 3 (a) At the time of Closing, (i) the Resolution shall have been adopted and the Indenture executed and delivered in the fonn approved by the Underwriter and shall be in full force and effect and neither shall have been amended, modified or supplemented except as may have been previously agreed to in writing by the Underwriter, (ii) the proceeds of the sale of the Bonds shall be applied as described in the Limited Offering Memorandum, and (iii) the District shall have duly adopted and there shall be in full force and effect such resolutions as. in the opinion of Greenberg Traurig Hoffman LipoffRosen & Quentel. P.A., Tallahassee. Florida ("Bond Counsel"), shall be necessary in connection with the transactions contemplated hereby; (b) At the time of the Closing, there shall have been no material adverse change in the status of required permits and approvals obtained and expected for. and arrangements for financing of, the Project; (c) At or prior to the Closing. the Underwriter shall have received two executed copies of each of the following documents: (1) the appro\ling opinion. dated the date of the Closing. of Bond Counsel addressed to the District substantially in the fonn required by the Indenture and set forth as Appendix A to the Limited Offering Memorandum and an unqualified letter dated the date of Closing from Bond Counsel to the Underwriter and the Trustee stating that the Underwriter and the Trustee may rely on such opinion as though the same was addressed to them; (2) a supplemental opinion, dated the date of the Closing. of Bond Counsel addressed to the District and the Underwriter substantially in the fonn of Exhibit A hereto; (3) an opinion, dated the date of the Closing, of Young. van Assenderp & Varnadoe, P.A., Naples, Florida, counsel to the District, addressed to the District, the Trustee and the Underwriter substantially in the form of Exhibit B hereto; (4) an opinion, dated the date of the Closing, of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, counsel to the Underwriter, addressed to the Underwriter substantially in form and substance satisfactory to the Underwriter; (5) an opinion, dated the date of the Closing of counsel to the Trustee substantially to the effect that such trust company or commercial bank is a duly organized trust company or commercial bank with necessary powers to serve as trustee under the Indenture and has duly and with legal authority executed and delivered the Indenture and that the Indenture is binding and enforceable against the Trustee, all in form and substance satisfactory to the Underwriter; (6) a certificate of the District, dated the date of the Closing and signed by a duly authorized officer of the District and in form and substance reasonably satisfactory to the 6 1 6G 3 Underwriter, to the effect that (i) since the date of the Contract of Purchase no material and adverse change has occurred in the financial position of the District or results of operations of the District; (ii) the District has not incurred any material liabilities other than as set forth in or contemplated by the Limited Offering Memorandum, (iii) no event has occurred since the date of the Limited Offering Memorandum which should be disclosed in the Limited Offering Memorandum for the purpose for which it is to be used or which is necessary to be disclosed therein in order to make the statements and information therein not misleading as of the date of Closing; (iv) the representations and warranties of the District herein are true and correct in all material respects as of the date of the Closing and all obligations to be performed by the District hereunder on or prior to the d:::.te of the Closing have been performed; and (v) no litigation or other proceedings are pending or, to the knowledge of the District, threatened in or before an:' agency, court or tribunal, state or federal, (A) restraining or enjoining or seeking to restrain or enjoin the issuance, sale, execution or delivery of any of the Bonds or the assessment, levy or collection of the Assessments pledged to the payment of the principal of and premium, ifany, and interest on the Bonds, (B) questioning or affecting the validity of any provision of the Bonds, the Resolution, this Contract of Purchase, the Indenture or any agreement or instrument to which the District is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or by the Resolution, (C) questioning or affecting the validity of any of the proceedings or the authority for the authorization, sale, execution or delivery of the Bonds, (D) questioning or affecting the organization or existeflce of the District or the title of any of its officers to their respective offices or any powers of the District under the laws of the State of Florida, (E) contesting or affecting the exclusion of interest on the Bonds from federal gross income for Federal or State income tax purposes, (F) contesting or affecting the assessment, levy or collection of Assessments or (G) contesting the accuracy or completeness of the Limited Offering Memorandum or any amendment or supplement thereto; provided, however, that in lieu of such certificate the Underwriter may, in its discretion, accept the opinion of district counsel, stating that the issues raised by any such pending or threatened litigation or proceeding are without substance or that the contentions of all plaintiffs therein are without merit; (7) the Limited Offeri.~,! Memorandum executed on behalf of the District by a duly authorized officer thereof; (8) the Indenture executed and delivered by authorized representatives of the District and Trustee; (9) certified copies of all resolutions of the District authorizing the execution of the Limited Offering Memorandum and the execution and delivery of the Indenture, the Bonds and this Contract of Purchase, certified by the Secretary of the District as having been duly adopted and being in full force and effect and as constituting all resolutions of the District cnacted with respect to the Bonds; 7 1 6G 3 ( 1 0) a certified copy of the Assessment Proceedings and the final assessment methodology report prepared by Fishkind & Associates; (11) a certificate of a duly authorized officer of the District, satisfactory to the Underwriter, dated the date of Closing, stating that such officer is charged, either alone or with others, with the responsibility for issuing the Bonds; setting forth, in the manner permitted by Section 1.1 03~ l3(a) (2) (ii) of the Treasury Regulations, the reasonable expectations of the District as of such date as to the use of proceeds of the Bonds a.lld of any other funds of the District expected to be used to pay principal or interest on the Bonds and the facts and estimates on which such expectations are based; and stating that, to the best of the knowledge and belief of the certifying officer, the District's expectations are reasonable; (12) evidence satisfactory to the Underwriter of the filing, as required by Section 149 (e) of the Internal Revenue Code, ofa statement concerning the Bonds with the Secretary of the Treasury; (13) a certified copy of Ordinance 93-70, adopted by the Board of County Commissioners of Collier County, Florida establishing the District; (14) a certified copy of Chapter 190, Florida Statutes, as amended; ( 15) an executed copy of the report of Agnoli, Barber & Brundage (the "Consulting Engineers") regarding the Project (which may be in the fonn of Appendix A to the Limited Offering Memorandum). (16) a certificate of the Consulting Engineers in the fOrol of Exhibit C hereto; (17) all certificates, documents and opinions required as conditions precedent to the issuance of the Bonds as set forth in the lndenture; (18) a certificate of an authorized officer of Heritage Greens Development Limited Partnership (the "Landowner") in form and substance satisfactory to the Underwriter; (19) a certificate of an authorized officer of US. Home Corporation ("US. Home") in the form of Exhibit D hereto; (21) a certificate ofFishkind & Associates, financial consultant to the District in the fonn of Exhibit E hereto; (22) evidence of compliance with Florida Statutes 215.84, as amended; (23) evidence of the execution and delivery of the agreement between the Landowner and US. Home (the "U.S. Home Agreement"); 8 . .~.f;;. . t. ..:':.: . I~ . :.. I .', ~ 1 6G 3 (24) evidence, satisfactory to the Underwriter and counsel to the Underwriter that the conditions precedent to the obligations ofU,S. Home under the U.S. Home Agreement have been performed by the Landowner, or, that there exist valid, binding and enforceable obligations in favor of the Landowner for the satisfaction of such conditions precedent~ (25) evidence that all liens of record against the lands within the Development have been discharged. or, that an irrevocable escrow has been established and funded on the date of the Closing to satisfy all such liens; (26) an opinion of counsel to U,S. Home Corporation in the form of Exhibit F hereto; (27) an opinion of counsel to the Landowner in form and substance satisfactory to the Underwriter; (28) an executed Continuing Disclosure Certificate in the form of Appendix F to the Limited Offering Memorandum; (29) an executed Letter of Representation required by the Depository Trust Company (the "DTC Lener"); and (30) such additional legal opinions, certificates, proceedings, instruments and other documents as the counsel to the Underwriter or Bond Counsel may reasonably request to evidence compliance by the District with legal requirements, the truth and accuracy, as of the time of Closing, of the respective representations of the District contained herein and the due perfonnance or satisfaction by the District at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the District. All such opinions, certificates, letters, agreements and documents will be in compliance with the provisions hereof only if they are satisfactory in form and substance to the Underwriter and counsel to the Underwriter, The District will furnish the Underwriter with such conformed copies or photocopies of such opinions, certificates, letters, agreements and.documents as the Underwriter may reasonably request, 7. ~. The Underwriter shall have the right to cancel its obligation to purchase the Bonds if (i) betWeen the date hereof and the Closing, legislation shan be enacted or recommended to the Congress or otherwise endorsed for passage (by press release, other form of notice or otherwise) by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Cha1~ or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives or favorably reported for passage to either House of the Congress by any committee of such House to which such legislation has been referred for consideration, or a bill to amend the Internal Revenue Code (which, if enacted, would take effect in whole or in part as of a date prior to the Closing) shall be filed in either House, or recommended for passage by the Congress by any joint 9 1 6G 3 or conference committee thereof, or a decision by a court of the United States or the United States T ax Court shall be rendered, or a ruling, regulation or statement by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental agency shall be made or proposed to be made, with respect to the Federal taxation upon revenues or other income of the general character to be derived by the District or by any similar body, or upon interest on obligations of the general character of the Bonds, or other action or events shall have transpired which may have the purpose or effect, directly or indirectly, of changing the Federal income tax consequences of any of the transactions contemplated in connection herewith and, in the opinion of the Underwriter, materially adversely affects the market price of the Bonds, or the market price generally of obligations of the general character of the Bonds, or (ii) there shall exist any event which in the Underwriter's judgment either (a) makes untrue or incorrect in any material respect any statement or information contained in the Limited Offering Memorandum in the form dated December 26, 1996, or (b) is not reflected in the Limited Offering Memorandum in the form dated December 27, 1996, but should be reflected therein in order to make the statements and information contained therein not misleading in any material respect, or (iii) there shall have occurred any outbreak of hostilities or any national or international calamity or crisis including financial crisis, or a financial crisis or a default with respect to the debt obligations of, or the institution of proceedings under the federal or the state bankruptcy laws by or against the State of Florida or any subdivision, agency or instrumentality of such State, the effect of which on the financial markets of the United States being such as, in the reasonable judgment of the Underwriter, would make it impracticable for the Underwriter to market the Bonds or to enforce contracts for the sale of the Bonds, or (iv) there shall be in force a general suspension of trading on the New York Stock Exchange, or (v) a general banking moratorium shall have been declared by either Federal, Florida or New York authorities, or (vi) there shall have occurred since the date of this Contract of Purchase any material adverse change in the affairs of the District, except fer changes which the Limited Offering Memorandum discloses may occur, or (vii) legislation shall be enacted or any action shall be taken by the Securities and Exchange Commission which, in the opinion of counsel for the Underwriter, has the effect of requiring the contemplated distribution of the Bonds to be registered under the Securities Act of 1933, as amended, or the Resolution or any other document executed in connection with the transactions contemplated hereof to be qualified under the Trust Indenture Act of 1939, as amended, or (viii) a stop order, ruling, regulation or official statement by or on behalf of the Securities and Exchange Commission shall be issued or made to the effect that the issuance, offering or sale of the Bonds, or of obligations of the general character of the Bonds as contemplated hereby, or the offering of any other obligation which may be represented by the Bonds is in violation of any provision of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, or the Trust Indenture Act of 1939 as amended, or (ix) any state blue sky or securities commission shall have withheld registration, exemption or clearance of the offering, and in the reasonable judgment of the Underwriter the market for the Bonds is materially affected thereby, If the District shall be unable to satisfy any of the conditions to the obligations of the Underwriter contained in this Contract of Purchase and such condition is not waived by the Underwriter, or if the obligations of the Underwriter to purchase and accept delivery of the Bonds shall be tenninated or cancelled for any reason permitted by this Contract of Purchase, this Contract of Purchase shall terminate and neither the Underwriter nor the District shall be under further 10 ~_~ .-- P'W"""~' .-..--...-,,-----.. ~~ __r_" __ ~1I~..(.~~~ ------ --.,,-- 1 6G 3 obligation hereunder and neither the Underwriter nor any other person shall have any further action for damages, specific performance or any other legal or equitable relief against the District, provided that the respective obligations of the parties to pay expenses, as provided in Section 10 hereof, shall continue in full force and effect. 8. follows: Particular Covenants, The District covenants and agrees with the Underwriter as (a) The District shall furnish or cause to be furnished to the Underwriter, without charge, as many copies of the Limited Offering Memorandum as the Underwriter may reasonably request; and (b) Before revising, amending or supplementing the Limited Offering Memorandum, the District shall furnish a copy of the revised Limited Offering Memorandum or such amendmtalt or supplement to the UndeIWriter. !fin the opinion of the District and the UndeIWriter a supplement or amendment to the Limited Offering Memorandum is required, the District will supplement or amend the Limited Offering Memorandum in a form and in a manner approved by the Underwriter and its counsel. 9. Survival of Representations All representations, warranties and agreements of the District hereunder shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter and shall survive the delivery of the Bonds and any termination of this Contract of Purchase by the Underwriter pursuant to the terms hereof. 10. I>ayment of Expenses. (a) The District agrees to pay, and the Underwriter shall not be obligated to pay, any expenses incident to the performance of its obligations hereunder, including but not limited to: (i) the cost of the preparation and distribution of the Indenture and Resolution; (ii) the cost of the preparation and printing of the Limited Offering Memorandum and any supplements thereto, together with a reasonable number of copies which the Underwriter may request; (iii) the cost of registering the Bonds in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York, which will act as securities depository for such bonds; and (iv) the fees and disbursements of counsel to the District, Bond Counsel, the financial consultant and the District engineers and any other experts or consultants retained by the District, (b) The Underwriter agrees to pay (i) all advertising expenses in connection with the public offering of the Bonds; (ii) the cost of preparing and printing the blue sky and legal investment memoranda, if any, and filing fees in connection with the aforesaid blue sky and legal investment memoranda, if any, other than the costs of preparation of the Limited Offering Memorandum; (iii) fees and expenses of counsel to the Underwriter; and (iv) all other expenses incurred by the Underwriter in connection with its public offering and distribution of the Bonds. 11, Notices. Any notice or other communication to be given to the District under this Contract of Purchase may be given by delivering the same, in writing at its address set forth above, and any notice or other communication to be given to the Underwriter under this Contract of 11 1 bG 3 Purchase may be given by delivering the same in writing to William R, Hough & Co., 792 Broad Avenue South, Naples, Florida 34102, Attention: William 1. Reagan, Senior Vice President. 12. ~. This Contract of Purchase is made solely for the benefit of the District and the Underwriter (including the successors or assigns of the Underwriter) and no other person shall acquire or have any right hereunder or by virtue hereof. 13. Governini Laws. This Contract of Purchase shall be governed by and construed in accordance with the laws of the State of Florida. 14, Oeneral. This Contract of Purchase shall constitute the entire agreement, and supersedes any and all prior agreements and understandings, both written and oral, betWeen the parties with respect to the subject matter hereof. This Contract of Purchase may be executed in several counterparts, each of which shall be regarded as an original and all of which will constitute one and the same instrument. The section headings of this Contract of Purchase are for convenience of reference only and shall not affect its interpretation. This Contract of Purchase shall become effective upon your acceptance hereof. Very truly yours, WILLIAM R. HOUGH & CO. By: Name: Title: Accepted and agreed to as of the date first above written: HERITAGE GREENS COMMUNIIT DEVELOPMENT DISTRICT By: Chainnan, Board of Supervisors 12 -"".....~_.".".;..--_.--.- I' , ,~;-. , , ", .'.",;,'.. .;::,.....,.. .:.'.", .,...,'. 'I.., .1, . .\.... " . \',' l ~. \... ::, . ,: EXHffiIT A To the Contract of Purchase 1 6G 3 [Form of Supplemental Opinion of Bond Counsel] [Date of Closing] William R, Hough & Co, Naples, Florida Ladies and Gentlemen: We have acted as Bond Counsel to Heritage Greens Community Development District (the "District "), a community development district established and existing pursuant to Chapter 190 of the Florida Statutes, as amended (the" Act"), We have rendered our final approving opinion (the "Opinion") of even date herewith relating to the District's $6,000,000 Special Assessment Bonds, Series 1997 ( the "Bonds"). Reference is hereby made to the Opinion for a description of the Bonds and other information relating thereto, In connection with the rendering of the Opinion we have reviewed records of the acts taken by the District in corJ1ection with the authorization, sale and issuance ('If the Bonds and were present at various meetings and participated in various discussions in connection therewith. You have entered into a Contract of Purchase dated December 27, 1996 with the District for the purchase of the Bonds_ We further supplement our Opinion by stating that, based upon our review and participation as Bond Counsel as herein described, we are of the opinion that: 1. Under existing laws, the Bonds are not subject to registration requirements of the Securities Act of 1933, as amended, and the Indenture is not required to be qualified under the Trust Indenture Act of 1939, as amended. 2. The statements contained in the Limited Offering Memorandum under the captions "Description of the Bonds" (other than the information appearing therein under the subcaption "Book-Entry Only System"), "Security for and Source of Payment of the Bonds," "Tax Matters," "Appendix C" and "Appendix D" insofar as such material incorporates or purports to summarize (or contains) the provisions of the Indenture, the Bonds or provisions of law, are fair and accurate statements or summaries of such documents and matters of law, and, the infonnation under the captions "Agreement by the State", "Legality for Investment" and "Validation" are correct as to matters of law. A-I 1 6G 3 Based upon the examination which we have made as Bond Counsel, and without having undertaken to detennine independently the accuracy or completeness of the statements contained in the Limited Offering Memorandum, nothing has come to our anention which would lead us to believe that the Limited Offering Memorandum contains an untrue statement of a material fact or omits to state a material fact required to be stated therein, in light of the circumstances under which they were made, not misleading, except that no opinion is expressed with respect to any financial, engineering or statistical information included therein or incorporated by reference or infonnation supplied by the Landowner or U,S. Home for inclusion in the Limited Offering Memorandum or provided directly to any offeree or purchaser of the Bonds, This opinion is solely for the benefit of the addressees and may not be relied upon in any manner, nor used by, any other persons or entities. Very truly yours, A~2 1 6G 3 EXHmIT B To the Contract of Purchase [Form of Opinion of Counsel to the District) [Date of Closing) Heritage Greens Community Development District Naples, Florida William R. Hough & Co. Naples, Florida 32822 Ladies and Gentlemen: We serve as counsel to Heritage Greens Community Development District (the "District"), a community development district established pursuant to the laws of the State of Florida, in connection with the sale by the District of its Special Assessment Bonds, Series 1997 in the aggregate principal amount of $6,000,000 (the "Bonds"), Unless otherwise expressly defined herein, capitalized terms used herein have the respective meanings assigned to them in the Contract of Purchase, dated December 27, 1996 (the "Contract of Purchase") between the District and William R. Hough & Co. (the "Underwriter"), In our capacity as counsel to the District, we have examined such documents and have made such examinations oflaw as we have deemed necessary or appropriate in rendering the opinions set forth below, We have also attended various meetings of the District and have participated in conferences from time to time with representatives of the District, the Underwriter, Bond Counsel, counsel to the Underwriter, the primary landowner and the District engineer relative to the Limited Offering Memorandum and the related documents described below, Based on the foregoing, we are of the opinion that: 1. Under the Constitution and laws of the State, the Act is valid and the District has been duly established and validly exists as a community development district with such powers as set forth in the Act with good, rig.it and lawful authority to, among other things, carry out the Project, provide funds therefor through the issuance of Bonds, to assess, levy and collect Assessments and perform under the terms and conditions of the Indenture and the Contract of Purchase. B~l -""'-.....- _......~ --..".... 1 6G 3 2, The District is authorized under the constitution and the laws of the State of Florida, including the Act, to (a) issue the Bonds for the purposes for which they are to be issued, (b) secure the Bonds as provided by the Indenture, (c) enter into and perfonn under the Contract of Purchase and Indenture and (d) undertake the Project. 3. The District has full right, power and authority to (a) adopt a resolution authorizing the issuance of the Bonds and the execution and delivery of the Contract of Purchase. the Tax Regulatory Covenants, and the Indenture, (b) execute, deliver and perfonn its obligations under the Contract of Purchase, the Bonds, the Tax Regulatory Covenants, the Letter of Representation to The Depository Trust Company (the "DTC Letter") and the Indenture and (c) consummate the transactions contemplated by such instruments; and the District has complied with aU provisions of applicable law in all matters relating to such transactions, 4. The District has duly authorized the execution, delivery and lawful distribution of the Limited Offering Memorandum. 5. The District has duly authorized all necessary action to be taken by it for: (a) the issuance and sale of the Bonds upon the tenns set forth in the Contract of Purchase and in the Limited Offering Memorandum; (b) the approval of the Limited Offering Memorandum and the signing of the Limited Offering Memorandum by a duly authorized officer; and (c) the execution, delivery and receipt of the Contract of Purchase, the Tax Covenants, the Bonds, the Indenture, the DTC Letter and any and all such other agreements and documents as may be required to be executed, delivered and received by the District in order to carry out, give effect to, and consummate the transactions contemplated by the Bonds and the Resolution, 6. All proceedings undertaken by the District with respect to Assessments have been in accordance with applicable Florida law and the District has taken all action necessary to assess and impose Assessments. The Assessments are legal, valid and binding first liens upon the property against which such assessments are made, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. 7. Project. The Bonds issued are not in excess of the aggregate amount of liens levied for the 8, On the date of the Closing, the Resolution is in full force and has been duly executed and delivered by the District. On the date of the Closing, assuming the due authorization, execution and delivery of such instruments by the other panies thereto and their authority to perfonn such instruments, the Resolution, the Tax Regulatory Covenants, the DTC Letter, the Indenture and the Contract of Purchase will constitute legaj, valid and binding obligations of the District, enforceable in accordance with their respective terms (except to the extent that such enforceability may be limited by bankruptcy, insolvency, reorganization and similar laws affecting creditors, rights generally and general principles of equity). B-2 \~ , -. ...-.--.-". 1 6G 3 9. The adoption of the Resolution, the execution and delivery by the District of the Limited Offering Memorandum and the authorization of the distribution thereof by the Underwriter, the execution and delivery by the District of the Bonds, the Indenture, and the Contract of Purchase, and to our knowledge, the consummation of the transactions described in all of the foregoing instruments, did not at the time of such adoption, authorization, execution, delivery or distribution, do not on the date hereof and will not at the time of such consummation, conflict with or constitute on the part of the District a breach or violation of the terms and provisions of, or constitute a default under, (a) any existing constitution, laws, court or administrative rule or regulations, to which it is subject, or any decree, order or judgment to which it is a party or by which it is bound in force and effect on the date hereo( (b) any existing agreement, indenture, mortgage, lease, deed of trust, note or other instrument known to it to which the District is subject or by which it or its properties are or may be bound, or (c) the By-laws of the District, and will not result in the creation or imposition of any encumbrance upon any of the properties or assets of the District other than those contemplated by the Resolution, 10. The District is not in default under the terms and provisions of the Indenture. In addition, the District is not in default under any other agreement, indenture, mortgage, lease, deed of trust, note or other instrument to which the District is subject or by which it or its properties are or may be bound, which default would have a material adverse effect on the condition of the District, financial or otherwise. 11. There is no action, suit or proceedings at law or in equity by or before any court or public board or body pending or threatened against the District (or any basis therefor) (a) seeking to restrain or enjoin the issuance or delivery of the Bonds or the application of the proceeds thereof, (b) contesting or affecting the authority for the Assessments or the issuance of the Bonds or the validity or enforceability of the Bonds, the Indenture, the Tax Regulatory Covenants, the DTC Letter, the Contract of Purchase, or the transactions contemplated thereunder, (c) contesting or affecting the establishment or existence, of the District or any of its Supervisors, officers or employees, property or conditions, financial or otherwise, or contesting or affecting any of the powers of the District, including its power to enter into the agreements described in paragraph 3 hereinabove, or its power to determine, assess, levy and collect Assessments, or (d) contesting or affecting the exclusion from federal gross income of interest on the Bonds. Without having undertaken to independently verify any information in the Limited Offering Memorandum, in the course of our representation of the District, nothing has come to our attention which would lead us to believe that the statements contained in the Limited Offering Memorandum under the captions "Introduction", "Estimated Sources and Uses of Funds", "The District", "Litigation" and "The Project", contains an untrue statement of a material fact or omits to state any material fact necessary to make the statements, in light of the circumstances under which they were made, not misleading This opinion is solely for the benefit of the addressees and this opinion may not be relied upon in any manner, nor used, by any other persons or entities. B-3 --- 1 6G 3 The opinions or statements expressed above are based solely on the laws of Florida and of the United States of America. Accordingly, we express no opinion nor make any statement regarding the effect or application of the laws of any other state or jurisdiction, Very truly yours, B-4 1 6G 3 Schedule 1 218.385 Disclosure Letter December 27, 1996 Heritage Greens Community Development District Re: $6,000,000 Special Assessment Bonds, Series 1997 Ladies and Gentlemen: Pursuant to Chapter 218.385, Florida ~tatutes, and in reference to the issuance by Heritage Greens Community Development District (the "District") of its $6,000,000 Special Assessment Bonds, Series 1997 (the "Bonds"), William R. Hough & Co, (the "Underwriter"), pursuant to the Contract of Purchase ("Purchase Contract") dated December 27, 1996, between the Underwriter and the District, hereby makes the following disclosures to the District: (a) T ale Underwriter is acting as underwriter to the District for the limited offering and sale of the Bonds. The total underwriting discount to the Underwriter pursuant to the Purchase Contract is equal to approximately 2.5% of the total face amount of the Bonds, or [Discount]. (b) The expenses estimated to be incurred by the Underwriter in connection with the issuance of the Bonds are: (See attached itemization) ( c) The names, addresses and estimated amounts of compensation of any person who is not regularly employed by, or not a partner or officer of, an underwriter, bank, banker, or financial consultant or advisor and who enters into an understanding with either the District or the Underwriter, for any paid or promised compensation or valuable consideration directly, expressly or impliedly, to act solely as an intennediary between the District and the Underwriter for the purpose of influencing any transaction in the purchase of the Bonds are: NONE (d) The amount ofthe gross underwriting spread expected to be realized is S25,00/51,000 1-1 1 6G 3 (e) The components of underwriting discount are as follows: Management Fee Risk TakedownlConcession Expenses S 1 0,00 -0- 5.00 10,00 T otaI 25.00 per bond (f) Arrj other fee, bonus or other compensation estimated to be paid by the Underwriter in connection with the Bonds to any person not regularly employed or retained by the Underwriter is as follows: Counsel to the Underwriter: Nabors, Giblin & Nickerson, P,A. The Pointe, Suite 1060 2502 Rocky Point Drive Tampa, Florida 33607 (g) The name and address of the Underwriter is: William R. Hough & Co, 5955 T.G. Lee Blvd., Suite 370 Naples, Florida 32822 1-2 "'...........................- : " ". . . . ". .,';:.' ';: , ' : , ", :..... ".. . ." I I .... . . 1 6G 3 JJnderwriter's Expenses Paid From Discount Underwriter's Counsel Travel Expenses Communication Computer Clearance PSNMSRB/DTC $35,000 7,000 8,500 5,500 3,000 J...QQQ TOTAL $60,000 1-3 ..' . ~ . . ~ \ ..", ",_' . I'" I ., ... .~ .,. . ... ".. .. ,. I I I I' .. : . , , . .,' ) \ ",' ,'. '.' I '. . . t , . ;. '.' '. . : .', 'i' ..,. ': " ",:' '," "'.:: . ,l '\" ,': , . SCHEDULE n 1 6G 3 TRUTH-IN-BONDING STATEMENT December 27, 1996 Heritage Greens Community Development District Collier County, Florida Re: S6,000,OOO Heritage Greens Community Development District Special Assessment Bonds, Series 1997 In connection with the proposed issuance by Heritage Greens Community Development District (the "District") of S6,000,OOO aggregate principal amount of its Special Assessment Bonds, Series 1997 (the "Bonds"), William R. Hough & Co., Naples, Florida is underwriting a public offering of the Bonds pursuant to a Contract of Purchase (the "Purchase Contract"), dated December 27, 1996 between the Underwriter and the District, The purpose of this letter is to furnish, pursuant to the provisions of Sections 218.385(2) and (3), Florida Statutes, as amended, the truth-in-bonding statement required thereby, as follows: (A) The District is proposing to issue S6,000,OOO of the Bonds for the purpose of providing money, together with other funds available to the District to (i) finance the acquisit\on. construction and equipping of certain assessable capital improvements benefitting property located within the boundaries of the District, (ii) fund a Debt Service Reserve Account with respect to the Bonds, and (iii) pay certain costs of issuance with respect to the Bonds, as more fully described in the Purchase Contract, This debt {IT obligation is expected to be repaid over a period of twenty (20) years. At a forecasted interest rat\~ (based upon current market conditions) of 8.25%, total interest paid over the life of the debt or obligation will be 57,163,475.00 (B) The source of repayment for the Bonds is Special Assessments levied by the District on specially benefitted lands within the boundaries of the District. Based solely upon the assumptions set forth in (A) above, the issuance of the Bonds will result in approximately $[ ] of the District's revenues not being available to the District to finance other services of the District~ provided, however, that in the event that the Bonds were not issued, the District would not be entitled to levy and collect the Special Assessments in the amount of the interest to be paid on the Bonds, II-I 1 6G 3 The foregoing is provided for information purposes only and shall not affect or control the actual terms and conditions of the Bonds Very truly yours, Wll..LlAM R. HOUGH & CO. By: Title: Senior Vice President B-2 ----- i ~ 1 6G 3 EXHIBIT C FORM OF CERTIFICATE OF THE CONSULTL'lG ENGINEERS S6,000,000 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, SERIES 1997 CERTIFICATE OJ.' AGNOLI, BARBER & BRUNDAGE, INC. AS CONSULTING ENGINEER I, , of Agnoli, Barber & Brundage, Inc. in connection with the issuance by Heritage Greens Community Development District (the "Issuer") of its $6,000,000 aggregate principal amount of Special Assessment Bonds, Series 1997 pursuant to a Trust Indenture dated as of January 1, 1997 (the "Indenture") between the Issuer and First Union National Bank of Florida, as Trustee, DOES HEREBY CERTIFY, as follows: 1, Agnoli, Barber & Brundage, Inc. is serving in the capacity of District Engineer to the Issuer in connection with planning, financing, acquiring, constructing and installing certain community development facilities consisting of a stonnwater management system, roadway construction, a sanitary sewage collection and transmission system, landscaping, sidewalks, lighting and other assessable improvements which specially benefit the property (the "Project"), 2. In its capacity as District Engineer, Agnoli, Barber & Brundage, Inc. is of the opinion that: a. The Project improvements are reasonable and practicable and the purchase price to be paid to the Developer by the Issuer for the Project improvements being transferred in accordance with the Acquisition Agreement is no more than the lesser of (i) the fair market value of such improvements and (ii) the actual cost of construction of such improvements; the Project improvements being transferred by the Developer pursuant to the Acquisition Agreement are within the boundaries of the District; and the Project improvements being transferred by the Developer pursuant to the Acquisition Agreement have been installed or constructed in conformity with the approved plans and specifications and in confonnance with all applicable rules, regulations, laws, ordinances and all permits and approvals except as described on Exhibit "A" hereto. b. (i) To the best of its knowledge, construction items and the costs thereof stated in the Certificate of the Issuer attached hereto as Exhibit "A" are reasonable; (ii) the acquisition, construction, reconstruction, equipping and installation of the Project improvements is consistent with the master plan for the Project; (iii) the development plans for the Project have been approved by Agnoli, Barber & Brundage, Inc_; and (iv) all approvals and permits for acquisition, construction, reconstruction, installation C-l -,.,--- ~ - 1 6G 3 and equipping of the Project or any portion thereof have been obtained or can reasonably be expected to be obtained from all applicable regulatory bodies~ c, The proceeds of the sale of the 1997 Bonds will be sufficient to cover the costs of construction of the Project; d. The estimated date of completion of the Project is , 1997; (e) The plans and specifications therefor as set forth in the report of the Consulting Engineer relating thereto in connection with the levying of Special Assessments have been approved by Agnoli, Barber & Brundage, Inc,; (f) The plans and specifications therefor have been approved by all Regulatory Bodies required to approve them or such approval can reasonably be expected to br. obtained; (g) The contracts in respect to the construction of the Project entered or to be entered into by the District cover substantially all portions of the construction thereof not being performed by employees of the District; (h) The information appearing in the Preliminary Limited Offering Memorandum dated November 27, 1996 and in the Limited Offering Memorandum dated December 27, 1996 under the heading "The Project" and to the District Engineer's Report as Appendix A to the Offering Memorandum is true and accurate in all material respects, 3. The District Engineer consents to the use of the information in the Preliminary Limited Offering Memorandum dated November 27, 1996 and in the Limited Offering Memorandum dated December 27, 1996 under the heading "The Project" and to the inclusion of the District Engineer's Report as Appendix A to the Offering Memorandum. IN WITNESS WHEREOF. I have set my hand and affixed the seal of Agnoli, Barber & Brundage, Inc. on this _ day of , 1997. AGNOLI, BARBER & BRlTh1>AGE, INC. By: C-2 _............-r__ A ~._.---".--.,..... --- ---....--.....".---....- 1 6G 3 EXBmlT D FORM OF CERTIFICATE OF U.S. HOME CORPORATION The undersigned, ' a ofU.S, Home Corporation, DOES HEREBY CERTIFY TBA T in connection with the issuance, sale and delivery of the date hereof of the S6,000,000 Heritage Greens Community Development District Special Assessment Bonds, Series 1997 (the "Bonds): The information appearing in the Limited Offering Memorandum dated December 27, 1996, relating to the Bonds under the subcaptions "U.S, Home Corporation" and "The Option Agreement" ar,d under the caption "The Development, the Landowner and U. S. Home" are true, accurate and complete and does not contain untrue statements of a material fact or omit to state a material fact necessary in order to make the statements therein in light of the circumstances in which they were made not misleading. U.S. HOME CORPORA nON By: Name: Title: D-l I . .. '. . ~ ~'.' . .. \ ... ~". . ' . 'r ~ ' " ,. .' . . , ;.< ... _ ~ . ' .' '. ~ I ""', .. f. . ....: } " . t. ,,,, 'l' r), . .: , . .. f . : t ' :::, '_".' > !', ", ;' .:' ;~:,'~ :, .',;",;,:(>~;',"?:' :>; , ,:: :0:,;''.':: ' , , ,": '" '! ,; /:, ....- w - -- - .. - - -- - ~ 1 6G 3 EXHmrr E FORM OF CERTIFICATE OF FISHKIND & ASSOCIATES FINANCIAL CONSULTANT TO THE DISTRICT CERTIFICATE OF FINANCIAL ADVISOR The undersigned, the duly authorized rl"presentative ofFISHKIND & ASSOCIATES, INC. (the "Financial Advisor"), DOES HEREBY CERTIFY THAT: 1. The Financial Advisor has been retained as financial advisor to the Heritage Greens Community Development District, Florida (the "Issuer") in conjunction with the issuance of the Issuer's S6,000,OOO Special Assessment Bonds, Series 1997 (the "Bonds"). 2. Part of the Financial Advisor's responsibility as Financial Advisor to the Issuer was to prepare the Assessment Methodology & Allocation Report supplemented . 1996 (the "Methodology Report"). 3. The Special Assessments (as defined in the Trust Indenture dated as ofJanuary I, 1997, by and between the Issuer and First Union National Bank of Florida, as Trustee (the "Indenture") when, as and if determined in accordance with the methodology set forth in bonds anticipated to be issued to repay the Bonds. 4. The Methodology Report was prepared in accordance with all applicable provisions of Florida law. 5. To the best of my knowledge, the financing of the Project (as defined in the Indenture) through the issuance of the Bonds is appropriate in terms of current market conditions and current interest rate levels. 6. The Financial Advisor consents to the use of the information in the Preliminary Limited Offering Memorandum dated November 27, 1996 and the Final Limited Offering Memorandum dated December 27, 1996 under the subcaption "Methodology" and such information is true and accurate in all material respects and to the inclusion of the Methodology Report therein as Appendix E, IN WITNESS WHEREOF, the undersigned has hereunto set his hand for and on behalf of the Financial Advisor as of this day of , 1997, FISHKlND & ASSOCIATES, INC. By: Hank Fishkind, Ph.D., President E-l 1 6G 3 EXHmrr F OPINION OF U.S. HOME'S COUNSEL t [Date of Closing] Heritage Greens Community Development District Collier County, Florida William R. Hough & Co. Naples, Florida Re: $6,000,000 Heritage Greens Community Development District (Collier County, Florida) Special Assessment Bonds, Series 1997 (the "Bonds") Ladies and Gentlemen: [Customary introduction/qualifications] Tenns used and not othervvise defined herein shall have the meaning ascribed in the Limited Offering Memorandum dated December 27, 1996 relating to the Bonds (the "Limited Offering Memorandum"), 1, U.S. Home is a corporation, duly organized and validly existing under the laws of the State of Florida. The execution, delivery and perfonnance by U.S, Home of the Takedown Agreement is within U.S, Home's corporate powers and have been duly authorized by all appropriate corporate action, The Takedown Agreement is the legal, valid and binding obligation of U.S. Home, enforceable in accordance with its tenns and does not violate the Articles ofIncorporation or Bylaws of U.S. Home. The Takedown Agreement is in full force and effect of the date hereofand no event has occurred, which, v.ith the passage of time or giving of notice or both, would constitute an event of default thereunder, 2. The levy of the Assessments on the lands in the District owned by U.S. Home or the Landowner will not conflict with or constitute a breach of or default under any agreement, indenture or other instrument to which U.S. Home is a party or to which U.S. Home or any of its property or assets is subject. F-1 '> ';' < . .... ,'.-': :,:::;i, · -. > " '; i. · , _ ,~ . I , " '.. " , . 1. I " . '. . ~ ." . , . 1 6G 3 3. There is no litigation pending. or to the best of our knowledge. threatened, which would prevent or prohibit the development of the Development in accordance with the description thereof in the Limited Offering Memorandum and the Report. 4 There is no litigation pending, or to the best of our knowledge, threatened against U. S Home which may result in any material adverse change in the respective business, properties, assets or financial condition ofU.S, Home. 5. The infonnation contained in the Preliminary Offering Memorandum dated November 27, 1996, and the Limited Offering Memorandum dated December 27, 1996. each relating to the Bonds under the captions "The Development. the Landowner and U.S. Home - The Takedown Agreement" is a fair and accurate summary of such Agreement and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements, in light of the circumstances under which they were made. not misleading, Very truly yours, [Landowner's Counsel) F-2 1 EXHIBIT B TRUST INDENTURE 16G 3 13 - \ j j I \ \ TRUST INDENTURE 1 6G 3 BETWEEN HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT AND FIRST UNION NATIONAL BANK OF FLORIDA, Miami, Florida, As Trustee Dated as of January 1, 1997 AUTHORIZING AND SECURING HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT ,':to. SPECIAL ASSESSMENT BONDS, SERIES 1997 - G1H\HARRIS\15784.01\12/26/96 1ABLE OF CONTENTS ARTICLE I DEFINITIONS . . . , , . . . SECTION 2.01. SECTION 2.02. SECTION 2.03. SECTION 2.04. SECTION 2.05. SECTION 2.06, SECTION 2.07. SECTION 2.08. SECTION 2.09. SECTION 2.10. 1 6G 3 EAGE . . . . . . . . . . . . 3 ARTICLE II THE BONDS Amounts and Terms of Series 1997 Bonds; Details of Series 1997 Bonds . . . . . . . . . . . Execution . . . . . . . . . . Authentication; Authenticating Agent . . , . . . . . . Registration and Registrar Mutilated, Destroyed, Lost or Stolen Bonds . . . . . . Temporary Bonds . . . . . Cancellation and Destruction of Surrendered Bonds Registration, Transfer and Exchange . . . . . . . . Persons Deemed Owners Qualification for The Depository Trust Company . . . . . . . . ARTICLE III ISSUE OF BONDS 16 18 18 19 19 20 20 20 21 22 SECTION 3.0l. Issue of Series 1997 Bonds 23 SECTION 3.02. Issue of Refunding Bonds . 25 SECTION 3.03. Disposition of Proceeds of Bonds 26 SECTION 3.04 Closing Statement; Payment by Trustee . 26 ARTICLE IV ACQUISITION OF PROJECT SECTION 4,01. Project to Conform to Plans and Specifications; Changes SECTION 4.02. Compliance Requirements . . . . GTH\HARRIS\15784.01\12/26/96 (i) 27 27 1 bG 3 ARTICLE V CONSTRUCTION FUND SECTION 5.01 Establishment of and Payments from Construction Fund . . . . SECTION 5.02. Construction Fund Disbursements SECTION 5.03. Records and Reports During Construction Period SECTION 5.04. Completion of Construction SECTION 6.01. SECTION 6.02. SECTION 6,03. SECTION 6.04. SECTION 6.05. SECTION 6.06. SECTION 6.07. 28 29 30 30 ARTICLE VI NON-AD VALOREM SPECIAL ASSESSMENTS; APPLICATION THEREOF TO FUNDS AND ACCOUNTS Non-Ad Valorem Specjal Assessments; Lien of Indenture on Pledged Revenues . Funds and Accounts Relating to the Bonds Revenue Fund Debt Service Fund Debt Service Reserve Fund Procedure When Funds Are Sufficient to Pay All Bonds Rebate Fund 32 33 33 34 35 36 36 ~ ARTICLE VII SECURITY FOR AND INVESTMENT OR DEPOSIT OF FUNDS SECTION 7.01. SECTION 7.02. SECTION 7.03. Deposits and Security Therefor Investment or Deposit of Funds Valuation of Funds . . . 38 38 39 ARTICLE VIII REDEMPTION AND PURCHASE OF BONDS 41 SECTION 6.01. Redemption Dates and Prices. SECTION 6.02. Notice of Redemption and of Purchase SECTION 8.03. Bond Redemption Fund SECTION 8.04. Payment of Redemption Price SECTION 9.01. 43 45 46 ARTICLE IX COVEN~~TS OF THE ISSUER Power to Issue Bonds and Create Lien. . . . . . . . . . . . . . . 48 GTH\HARRIS\15784.01\12/26/96 ( iU SECTION 9.02. SECTION 9.03. SECTION 9.04. SECTION 9.05. SECTION 9.06. SECTION 9.07. SECTION 9.08. SECTION 9.09. SECTION 9.10. SECTION 9.11. SECTION 9.12. SECTION 9.13. SECTION 9.14. SECTION 9.15. SECTION 9,16. SECTION 9.17. SECTION 9.18. SECTION 9.19. SECTION 9.20. SECTION 9.21. SECTION 9.22. SECTION 9.23. SECTION 9.24. SECTION 9.25. 1 6G 3 Payment of Principal and Interest on Bonds . . . . . Special Assessments; Re- Assessments Method of Collection Delinquent Special Assessments Sale of Tax Certificates and Issuance of Tax Deeds; Foreclosure of Special Assessment Liens . . Books and Records with Respect to Special Assessments . . . . Removal of Special Assessment Liens . . . . . . . . . . Completion of Project Construction to be on Issuer Lands . . . . . Operation, Use and Maintenance of proj ect . . . . . . . . . Observance of and Compliance with Valid Requirements . . . . Payment of Operating or Maintenance Costs by State or Others , . , . . . . . . . Public Liability and Property Damage Insurance; Maintenance of Insurance; Use of Insurance and Condemnation Proceeds Collection of Insurance Proceeds Use of Revenues for Authorized Purposes Only ......' Books, Records and Annual Reports Observance of Accounting Standards . . . . . . Employment of Certified Public Accountant . . , , . . . . . Establishment of Fiscal Year, Annual Budget , . . . . . . Employmer.t of Consulting Engineer; Consulting Engineer'S Report . , . . . . . . . . Audit Reports , , . . . . . Information to Be Filed with Trustee . . . , . . . . Covenant Against Sale or Encumbrance; Exceptions Fidelity Bonds GTH\HARRIS\15784.01\12/26/96 ( iii) EAGE 48 49 49 SO 50 51 51 52 53 53 53 53 54 56 57 57 sa 58 58 59 59 59 GO 60 n__.._.... - - ------~-_.- ,....--.------- - 1 6G 3 ^< SECTION 9.26. No Loss of Lien on Pledged Revenue SECTION 9.27. Compliance With Other Contracts and Agreements . . SECTION 9.28. Issuance of Additional Obligations. .. . . SECTION 9.29. Extension of Time for Payment of Interest Prohibited SECTION 9.30. Further Assurances .. SECTION 9.31. Investments to Comply with Internal Revenue Code SECTION 9.32. Corporate Existence and Maintenance of Properties SECTION 9.33. Continuing Disclosure ARTICLE X EVENTS OF DEFAULT AND REMEDIES ,- " SECTION 10.01, Events of Default and Remedies SECTION 10.02, Events of Default Defined SECTION 10,03. No Acceleration SECTION 10.04. Legal Proceedings by Trustee SECTION 10.05, Discontinuance of Proceedings by Trustee . SECTION 10.06. Bondholders May Direct Proceedings . . . SECTION 10.07, Limitation& on Actions by Bondholders . SECTION 10.08. Trustee May Enforce Rights Without Possession of Bonds SECTION 10.09. Remedies Not Exclusive SECTION 10.10. Delays and Omissions Not to Impair Rights . . SECTION 10.11. Application of Moneys in Event of Default SECTION 10,12. Trustee's Right to Receiver; Compliance with Act SECTION 10.13. Trustee and Bondholders Entitled to all Remedies under Act ARTICLE XI THE TRUSTEE; THE PAYING AGENT AND REGISTRAR , SECTION 11.01. Acceptance of Trust . SECTION 11.02. No Responsibility for Recitals (iv) GTH\~RR[S\15784,Ol\12/26/96 - -, .eAGE 61 61 61 61 61 61 62 62 65 65 66 66 66 66 66 67 67 67 67 68 68 69 69 ..~ ," '.. ".' '_: "', ,: _ . ",' ~~"'_"",': ':Y, ';, ',:-'. ",:,,::;': \",:' '~,.',\",'.' I.~,"", ,'~ .'",~ ",'. .',~ I ,-..:,~ i,. ,'. -~---- -..------- -"-,..-..~.._---,------ I SECTION 11. 03. SECTION 11.04. SECTION 11. 05. SECTION 11.06. SECTION 11. 07 . SECTION 11.08. SECTION 11.09. SECTION 11.10. SECTION 11. 11. SECTION 11.12. SECTION 11.13. SECTION 11.14. SECTION 11.15. SECTION 11.16. SECTION 11.17. SECTION 11.1B. SECTION 11.19. SECTION 11. 20. SECTION 11.21. SECTION 11,22. SECTION 11. 23. SECTION 11.24. 1 6G 3 fAGE Trustee May Act Through Agents; Answerable Only for willful Misconduct or Negligence Compensation and Indemnity . No Duty to Renew Insurance . Notice of Default; Right to Investigate . . Obligation to Act on Defaults Reliance by Trustee Trustee May Deal in Bonds Construction of Ambiguous Provisions Resignation of Trustee Removal of Trustee . . . . Appointment of Successor Trustee Qualification of Successor .. Instruments of Succession Merger of Trustee ..' Extension of Rights and Duties of Trustee to Paying Agent and Registrar . . Resignation of Paying Agent or Registrar Removal of Paying Agent or Registrar Appointment of Successor Paying Agent or Registrar ., . Qualifications of Successor Paying Agent or Registrar Judicial Appointment of Successor Paying Agent or Registrar Acceptance of Duties by Successor Paying Agent or Registrar Successor by Merger or Consolidation 69 69 70 70 70 70 71 71 71 71 72 72 72 73 73 73 74 74 74 75 75 75 ARTICLE XII ACTS OF BONDHOLDERS: EVIDENCE OF OWNERSHIP OF BONDS SECTION 12,01. Acts of Bondholders; Evidence of Ownership of Bonds . . . . . . . . . . . . . 76 GTH\HARRIS\lS"1S4.01\12/26/96 (v) ..,.....~. ..------...... ; - - - - -,. - 1 6G .3 EAGE ARTICLE XIII AMENDMENTS AND SUPPLEMENTS SECTION 13.01. Amendments and Supplements Without Bondholders' Consent SECTION 13.02. Amendments With Bondholders' Consent . . . . . . . . . . SECTION 13.03. Trustee Authorized to Join in Amendments and Supplements; Reliance on Counsel . . . . 77 77 . . . . . . . . 78 ARTICLE XIV DEFEASANCE SECTION 14.01. Defeasance SECTION 14.02. Deposit of Funds for Payment of Bonds . . . . 79 79 ARTICLE XV MISCELLANEOUS PROVISIONS SECTION 15.0l. Limitations on Recourse 81 SECTION 15.02. Payment Dates . . 81 SECTION 15.03. No Rights Conferred on Others 81 SECTION 15.04. Illegal provisions Disregarded 81 SECTION 15.05. substitute Notice 81 SECTION 15.06. Notices 81 SECTION 15.07. Controlling Law 82 SECTION 15.08. Successors and Assigns 82 SECTION 15.09. Headings for Convenience Only 82 . SECTION 15.10. Counterparts 82 .; SECTION 15.11. Appendices and Exhibits 83 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D LEGAL DESCRIPTION OF HERITAGE GREENS COM~JITY DEVELOPMENT DISTRICT DESCRIPTION OF THE PROJECT FORM OF SERIES 1997 BOND FORM OF REQUISITION . . . . A-1 B-1 C-1 0-1 (vi) GTH\PARRlS\15784.01\12/26/96 .~ -11 1 \ I --- 111 - 1 6G 3 THIS TRUST INDENTURE, dated as of January 1, 1997 (the "Indenture") by and between HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT (the "Issuer"), a local unit of special-purpose government organized and existing under the laws of the State of Florida, and FIRST UNION NATIONAL BANK OF FLORIDA, a nati~nal banking associa- tion duly organized and existing under the laws of the United States of America and having corporate trust offices in Miami, Florida (said national banking association and any bank or trust company becoming successor trustee under the Indenture being here- inafter referred to as the "Trustee"); N ~ ~ H ~ a a ~ ~ H: WHEREAS, the Issuer is a local unit of special-purpose ment created and established in accordance with the Community Development District Act of 1980, Chapter 190, Statutes, as amended (the "Act") and by Collier County, (the "County"); and govern- Uniform Florida Florida WHEREAS, the premises to be governed by the Issuer are described more fully in Exhibit A attached hereto and made a part hereof (the "District Lands" or the "District") and consists of approximately 252 acres of land located entirely within the County; and WHEREAS, the Developer, as hereinafter defined, proposes to develop within the District certain residential units and related facilities constituting a community development to be located on the District Lands; and WHEREAS, the Issuer has been created and established for the purpose of delivering certain community development services and facilities for the benefit of the District Lands; and WHEREAS, the Issuer has decided to undertake the planning, financing, ac~~isition, construction, equipping and installation of certain improvements authorized pursuant to the Act for the special benefit of the District Lands and all other facilities authorized by the Act (the "Project", as hereinafter defined); and .~ WHEREAS, the Issuer proposes to finance the cost of acqu1s1- tion and construction of the Project by the issuance of the Bonds (hereinafter defined) pursuant to this Indenture; NOW, THEREFORE, THIS INDENTURE WITNESSETH, that to provide for the issuance of the Bonds under this Indenture, the security and payment of the principal, redemption or purchase price thereof (as the case may be) and interest thereon, the rights of the Owners of the Bonds and the performance and observance of all of the covenants contained herein and in said Bonds, for and in GTH\HARRIS\157B4.01\12/26/96 , . , ' . . . ." ,',' '. " -'," ': " -' , ; I I 1 I I ! I 1 6G 3 , consideration of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the Owners thereof, from time to time, and of the acceptance by the Trustee of the trusts hereby created, and intending to be legally bound hereby, the Issuer hereby assigns, transfers, sets over and pledges to the Trustee and grants a lien on all of the right, title and interest of the Issuer in and to the Pledged Revenues (hereinafter defined) as security for the payment of the principal, redemption or purchase price of (as the case may be) and interest on the Bonds issued hereunder and to secure the performance of all the Issuer's obligations hereunder, all in the manner hereinafter provided, and the Issuer further hereby agrees with and covenants unto the Trustee as follows: GTH\HARRIS\15784 ,01\12/26/96 - 2 - 1 6G 3 ARTICLE I DEFINITIONS In this Indenture and any indenture supplemental hereto (except as otherwise expressly provided or unless the context otherwise requires) terms used as defined terms in the recitals hereto shall have the same meaning throughout the Indenture, and in addition, the following terms shall have the meanings specified below~ "Account" shall mean any account established pursuant to the Indenture. "Acquisition Agreement" shall mean the Improvement Acquisition Agreement between the Issuer and Developer, dated as of January 10, 1997, pursuant to which the Developer has agreed to sell to the Issuer, and the Issuer has agreed to purchase from the Developer, certain improvements comprising the Project or a portion thereof. "Act" shall mean the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended from time to time, and any successor statute thereto. "Annual Budget" shall mean the Issuer r s budget of current operating and maintenance expenses for the Project for a Fiscal Year, adopted pursuant to the provisions of Section 9.20 of the Indenture, as the same may be amended from time to time. "Authenticating Agent" shall mean the agent so described in, and appointed pursuant to, Section 2.03 hereof. "Authorized Denomination" shall mean $5,000 and any integral multiple of $5,000. 1 "Authorized Newspaper" shall mean a newspaper printed in English and customarily published at least once a day at least five days a week and generally circulated in New York, New York, or Collier County, Florida or such other cities as the Issuer from time to time may determine by written notice provided to the Trustee. When successive publications in an Authorized Newspaper are required, they may be made in the same or different Authorized Newspapers. "Board" shall mean the board of supervisors of the Issuer. "Bond Counsel" shall mean Counsel of nationally recognized standing in matters pertaining to the exclusion from gross income for federal income tax purposes of interest on obligations issued by states and their political subdivisions. - 3 - GTH\HARRIS\15784,Ol\12/26/96 .,', ,u: C ,', ::<: ,;'~ ','; i: ',<:> :'" ,',' ;,i" .! \ ' . . . . . " 'I :. ' :',"',.', ' ,;,:.,.~.' '. ',.':" ..:', ,.::~ . t . ,:<: j,..'" '.:. . ~ . :. . ' \ t I I t \ . 1 1 6G 3: "Bondholder", "Holder of Bonds", "Holder" or "Registered Owner" or any similar term shall mean any Person or Persons who shall be the registered owner of Outstanding Bond or Bonds, as evidenced on the Bond Register of the Issuer kept by the Registrar. "Bond Redemption Fund" shall mean the Fund so designated which is established pursuant to section 8.03 hereof. "Bond Register" shall have the meaning specified in section 2.04 of this Indenture. "Bonds" shall mean, collectively, (i) Series 1997 Bonds and (ii) any and all series of Refunding Bonds authenticated and delivered under the Indenture. No additional bonds are authorized under this Indenture. "Business Day" shall mean any day other than a Saturday or Sunday or legal holiday or a day on which the principal office of the Issuer, the Trustee, the Registrar or any Paying Agent is closed. "Certified Public Accountant" shall mean a Person, who shall be Independent, appointed by the Issuer actively engaged in the business of public accounting and duly certified as a certified public accountant under the laws of the State. "Certified Resolution" or "Certified Resolution of the Issuer" shall mean a copy of one or more resolutions certified by the Secretary or an Assistant Secretary of the Issuer, under its seal, to have been duly adopted by the Board and to be in full force and effect as of the date of such certification. "Code" shall mean the Internal Revenue Code of 1986, as amended. "Construction Fund" shall mean the Fund so designated which is established pursuant to Section 5.01 hereof. "Construction Maintenance Agreement" shall mean the Construction and Maintenance Agreement of Subdivision Improvements for Community Development Districts by and between the District, the Developer and Collier County, Florida. "Consultant" shall mean a Person, who shall be Independent, appointed by the Board, qualified to pass upon questions relating to municipal entities and having a favorable reputation for skill and experience in the financial affairs of municipal entities. "Consultant's Certificate" shall mean a certificate or a report prepared in accordance with then applicable professional standards duly executed by a Consultant. - 4 - GTH\HARRIS\15784,Ol\12/26/96 1 6G 3 "Consulting Engineer" shall mean the Independent engineer or ensineering firm or corporation at the time employed by the Issuer under the provisions of Section 9.21 of this Indenture to perform and carry out duties imposed on the Consulting Engineer by the Indenture. The Independent engineer or engineering firm or corpor- ation at the time serving as the engineer to the District may serve as Consulting Engineer under the Indenture. "Cost" or "Costs", in connection with the Project or any portion thereof, shall mean all expenses which are properly charge- able thereto under Generally Accepted Accounting Principles or which are incidental to the planning, financing, acquisition, con- struction, equipping and installation thereof, including, without limiting the generality of the foregoing: (a) expenses of determining the feasibility or prac- ticability of acquisition, construction, or reconstruction; (b) ations; cost of surveys, estimates, plans, and specific- (c) cost of improvements; (d) engineering, Trustee, accounting and expenses and charges; architectural, fiscal, other professional and legal, advisory (e) cost of all labor, materials, machinery, and equipment (including, without limitation, (i) amounts payable to contractors, builders and materialmen and costs incident to the award of contracts and (ii) the cost of labor, facilities and services furnished by the Issuer and its employees, materials and supplies purchased by the Issuer and permits and licenses obtained by the Issuer); (f) cost of all lands, properties, rights, easements, and franchises acquired; (g) financing charges; (h) funds; creation of initial reserve and debt service (i) working capital; (j) interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or acquisition as the Board may determine; - 5 - GTH\HARRIS\15784.01\12/26/96 ~.---"",......----,,,,,,,,,,,..........,,,,,,,-",",,,"-"-,_.,-_..._-,,,,-,,,,,,,,,,,,,,-",,,_...,,,.~,,,.-~---- I I f , 1 \ \ 1 6G 3 (k) the cost of issuance of bonds, including, without limitation, advertisements and printing; (1) the cost of any election held pursuant to the Act and all other expenses of issuance of bonds; (m) bonds; the discount, if any, on the sale or exchange of (n) amounts required to repay temporary or bond anticipation loans made to finance any costs permitted under the Act; (0) costs of prior improvements performed by the Issuer i',. anticipation of the proj ect; (p) costs incurred to enforce remedies against contractors, subcontractors, any provider of labor, material, services, or any other Person, for a default or breach under the corresponding contract, or in connection with' any other dispute; (q) premiums for contract bonds and insurance during construction and costs on account of personal injuries and property damage in the course of construction and insurance against the same; (r) payments, contributions, dedications, and any other exactions required as a condition to receive any government approval or permit necessary to accomplish any District purpose; (s) administrative expenses; I (t) such other expenses as may be necessary or incidental to the acquisition, construction, or reconstruction of the Project or to the financing thereof; and (u) any other ~cost" or expense as provided by the Act. In connection with the refunding or redeeming of any Bonds, "Cost" includes, without limiting the generality of the foregoing, the items listed in (d), (k), (1) and (m) above, and other expenses related to the redemption of the Bonds to be redeemed and the Redemption Price of such Bonds (and the accrued interest payable on redemption to the extent not otherwise provided for). Whenever Costs are required to be itemized, such itemization shall, to the extent practicable, correspond with the items listed above. Whenever Costs are to be paid hereunder, such payment may be made - 6 - GTH\HARRIS\15784.01\12/26/96 .\ ", ' ',',', ,.' '. ,,: _' ".:.' .' ',' ~" ';,.":;>'" ;', ", ;,"r.: ;:', "'_: <. ~..; '. " . :', . ", ,'" ':' ~',,':: ,\ ----........--..'----.-'" -------'""'- 1 6G 3 I 1 I \ 1 I by way of reimbursement to the Issuer or any other Person who has paid the same. "Counsel" shall mean an attorney-at-law or law firm (who may be counsel for the Issuer) not unsatisfactory to the Trustee. "County" shall mean Collier County, Florida. "Debt Service Fund" shall mean the Fund so designated which is established pursuant to Section 6.04 hereof. "Debt Service Requirements", with reference to a specified period, shall mean: (a) interest payable on the Bonds during such period, subject to reduction for amounts held as capitalized interest in the Funds and Accounts established under the Indenture; (b) amounts required to be paid into any mandatory sinking fund account with respect to the Bonds during such period; and (c) amounts required to pay the principal of the Bonds maturing during such period and not to be redeemed prior to or at maturity through any sinking fund account. "Debt Service Reserve Fund" shall mean the Fund so designated which is established pursuant to Section 6.05 hereof. "Debt Service Reserve Requirement" shall mean an amount equal to the lesser of (i) the maximum annual Debt Service Requirements for all Outstanding Bonds, (ii) 125% of the average annual Debt Service Requirements for all Outstanding Bonds, or (iii) 10% of Bonds Outstanding on an Interest Payment Date calculated after any redemption on said Interest Payment Date. "Defeasance Securities" shall mean, to the extent permitted by law, (a) non-callable Government Obligations, and (b) securities described in paragraph (i) of the definition of Investment Securities. "Developer" shall mean Ronto Developments Naples, Inc., and any entity which succeeds to all or any part of the interests and assumes any or all of the responsibilities of said entity as the master developer of the District Lands. "District Lands" or "District" shall mean the premises governed by the Issuer, consisting of approximately 252 acres of land constituting a community development located entirely within the County, as more fully described in Exhibit A hereto. - 7 - GTH\HARRIS\15784.01\12/26/96 , '. .'" ' . ,,"" ,'," /;, :<,: <I,; : , . \ I { I \ 1 i , , 1 \ 1 6G 3 "District Manager" shall mean the then District Manager or acting District Manager of the Issuer. "Event of Default" shall mean any of the events described in Section 10.02 hereof. "Fiscal Year" shall mean the period of twelve (12) months beginning October 1 of each calendar year and ending on September 30 of the following calendar year, and also shall mean the period from actual execution hereof to and including the next succeeding September 30; or such other consecutive twelve-month period as authorized by law. "Fund" shall mean any fund established pursuant to this Indenture. "Generally Accepted Accounting Principles" shall mean those accounting principles applicable in the preparation of financial statements of municipalities. "Government Obligations" shall mean direct obligations of, or obligations the timely payment of principal of and interest on which are unconditionally guaranteed by, the United States of America, "Indenture" shall mean this Indenture by and between the Issuer and the Trustee, as supplemented from time to time in accordance with the provisions of Article XIII hereof. ~ 1 J ~ "Independent" shall mean a Person who is not a member of the Issuer's Board, an officer or employee of the Issuer or the Developer, or which is not a partnership, corporation or associa- tion having a partner, director, officer, member or substantial stockholder who is a member of the Issuer's Board, or an officer or employee of the Issuer; provided, however, that the fact that such Person is retained regularly by or regularly transacts business with the Issuer or the Developer shall not make such Person an employee within the meaning of this definition. "Interest Account" shall mean the Account so designated, established as a separate account within the Debt Service Fund pur- suant to Section 6.04 hereof. "Interest Payment Date" shall mean each May 1 and November 1, while any Bonds are Outstanding; provided that the first interest payment shall be on May 1, 1997. IIInvestment Securities" shall mean and include any of the following securities, if and to the extent the same are at the time legal investments for funds of the Issuer: - 8 - GTH\HARRIS\157B4,Ol\12/26/96 .:" .... ; , :.. ':,. . '. ~: :. ,,:. .-.:", ~",'. .,.....'.; '-.' . :,..::.,. / ...... \:I'..~. - ''-. - ". .J'. . . "'. . '. ....- I I I j \ I \ , I 1 6G 3 (a) Government Obligations; (b) Bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies or such other government-sponsored agencies which may presently exist or be hereafter created; provided that, such bonds, deben- tures, notes or other evidences of indebtedness are fully gua- ranteed as to both principal and interest by the United States of America: Bank for Cooperatives; Federal Intermediate Credit Banks; Federal Financing Bank; Federal Home Loan Bank System; Export-Import Bank of the United States; Farmers Home Administration; Small Business Administration; Inter-American Development Bank; International Bank for Reconstruction and Development; Federal Land Banks; the Federal National Mortgage Association; the Government National Mortgage Association; the Tennessee Valley Authority; or the Washington Metropolitan Area Transit Authority; (c) Direct and general obligations of any state of the United States, to the payment of the principal of and interest on which the full faith and credit of such state is pledged, if at the time of their purchase such obligations are rated in either of the two highest rating categories by either S&P or Moody's; (d) Negotiable or non-negotiable certificates of deposit, time deposits or other similar banking arrangements issued by any bank or trust company, including the Trustee, or any federal savings and loan association, the deposits of which are insured by the Federal Deposit Insurance Corporation (including the FDIC I S Savings Association Insurance Fund), which securities, to the extent that' the principal thereof exceeds the maximum amount insurable by the Federal Deposit Insurance Corporation and, therefore, are not so insured, shall be fully secured to the extent permitted by law as to principal and interest by the securities listed in subsections (a), (b) or (c) above; provided, however, that with respect to securities used to secu~e securities hereunder, in addition to direct and general obligations of any state of the United States, Investment Securities shall include direct and general obligations of any political subdivision or instrumentality of any such state, to the payment of the principal of and inter- est on which the full faith and credit of such subdivision or instrumentality is pledged if such obligations are initially rated "A" or higher by either S&P or r'loody's; (e) Bank or broker repurchase agreements fully secured by securities specified in (a) or (b) above, which may include repurchase agreements with the commercial banking department of the Trustee, provided that such securities are deposited with the Trustee, with a Federal Rest,rve Bank or with a bank - 9 - GTH\HARRIS\lS784 ,01\12/26/96 - . I, .' '. ( . . ~ _ . . I' ~ ,'. -'--- - __ .~______. .J 1 j I j I ~ 1 , I 1 I 1 6G 3 or trust company (other than the seller of such securities) having a combined capital and surplus of not less than $100,000,000; (f) A promissory note of a bank holding company rated "M" or better by either S&P or Moody's; (g) Any c::msist of (a), fund whose short term government (b) and (c) above; assets (h) Commercial paper which at the time of purchase is rated in the highest rating category by either S&P or Moody's; I i 1 , 1 I I (i) (A) certificates evidencing a direct ownership interest in non-callable Government Obligations or in future interest or principal payments thereon held in a custody account by a custodian satisfactory to the Trustee, and (B) obligations of any state of the United States of America or any political subdivision, public instrumentality or public authority of any such state which are not subject to redemp- tion prior to the date on which the proceeds attributable to the principal of such obligations are to be used and which are fully secured by and payable solely from non-callable Govern- ment Obligations held pursuant to an escrow agreement satis- factory to the Trustee, provided that such obligations shall be rated in the highest rating category of either Moody's or S&P; (j) shares of an open-end, diversified investment company which is registered under the Investment Company Act of 1940, as amended, and which invests its assets in any of the securities described in clauses (a), (b) or (c) hereof; (k) shares of any money market mutual funds which fund invests its assets in any of the securities described in clauses (a), (b) or (c) hereof; and (1) other investments in which funds of the Issuer may be lawfully invested. "Issuer" shall mean Heritage Greens Community Development District. "Moody's" shall mean Moody's Investors Service, Inc., a cor- poration organized and existing under the laws of the State of Delaware, its successors and their assigns, and, if such corpor- ation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Moody's" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Issuer and acceptable to the Trustee. - 10 - GTH\HARRIS\15784.01\12/26/96 ---~ ..-_. - .- ----- ~_._..-- -'" _ wr ...-....--- ! i ! 1 \ ( 1 , I ; ! I j i 1 , I 1 ~ i 4 1 1 6G 3 "NRMSIR" shall mean any nationally recognized municipal securities information repository approved by the Securities and Exchange Commission as the District may select for the purpose of filing reports, and any state information depository established for the State of Florida. "Officers' Certificate" or "Officer's Certificate" shall mean a certificate, duly executed by a Responsible Officer and delivered to the Trustee. "Outstanding", in connection with Bonds, shall mean, as of the time in question, all Bonds authenticated and delivered under the Indenture, except: (a) all Bonds theretofore canceled or required to be canceled under Section 2.07 hereof; (b) Bonds for the payment, redemption or purchase of which moneys and/or Defeasance Securities, the principal of and interest on which, when due, will provide sufficient moneys to fully pay such Bonds in accordance with Article XIV hereof, shall have been or shall concurrently be deposited with the Trustee; provided that, if such Bonds are being redeemed, the required notice of redemption shall have been given or provision shall have been made therefor, and that if such Bonds are being purchased, there shall be a firm commit- ment for the purchase and sale thereof; and (c) Bonds in substitution for which other Bonds have been authenticated and delivered pursuant to Article II hereof. In determining whether the Holders of a requisite aggregate principal amount of Bonds Outstanding have concurred in any request, demand, authorization, direction, notice, consent or waiver under the provisions of the Indenture, Bonds to which the Trustee has been notified in writing by the Issuer (or of which the Trustee is otherwise so advised) to be held on behalf of the Issuer or the Trustee shall be disregarded for the purpose of any such determination; provided, however, this provision does not affect the right of the Trustee to deal in Bonds as set forth in Section 11.09 hereof. "Paying Agent 11 shall mean the Trustee, or any successor designated as such pursuant to Section 11.20 hereof. corporation, partnership, trust, unincorporated political subdivision, any other group or "Person" shall mean any individual, association, joint-stock company, organization, governmental body, municipality, municipal authority or organization of individuals. - 11 - GTH\HARRIS\15784.01\12/26/96 ;~:'~, '.__' " . ,-:' , ,:::. _'.',: ',',.' "i':"'~~'>"< l ~',., .. :';/:',":-.. <.\.; :<""'.' , 1 i l , i I , I 1 I \ 1 \ 16G 3 "Pledged Revenues" shall mean, (a) all revenues received by the Issuer from Special Assessments levied and collected on the District Lands specially benefitted by the Project, including, without limitation, amounts received from any foreclosure proceeding for the enforcement of collection of such Special Assessments or from the issuance and sale of tax certificates with respect to such Special Assessments or from any other remedial action, and (b) all moneys on deposit in the Funds and Accounts established under the Indenture; provided, however, that Pledged Revenues shall not include revenues received by the Issuer from (i) any moneys transferred to the Rebate Fund, or investment earnings thereon and (ii) "special assessments" levied and collected by or on behalf of the Issuer under Section 190.022 of the Act for main- tenance purposes or "maintenance special assessments" levied and collected by the Issuer under Section 190.021(3) of the Act (it being expressly understood that the lien and pledge of the Indenture shall not apply to any of the moneys described in the foregoing clauses (i) and (ii) of this proviso) . "Prepayment Account 11 shall mean the Account so designated, established as a separate account within the Bond Redemption Fund pursuant to Section 8.03 hereof. I ; I "Principal Account" shall mean the Account so designated, established as a separate account within the Debt Service Fund pursuant to Section 6.04 hereof. "Project" shall mean the planning, financing, acquisition, construction, equipping and installation of certain improvements permitted under the Act as authorized by the District for the special benefit of the District Lands, all a~ more specifically described in Exhibit B hereto. "Property Appraiserl1 shall mean the property appraiser of the County. "Property Appraiser and Tax Collector Agreement" shall mean the Property Appraiser and Tax Collector Agreement described in Section 9.04 hereof. "Rebate Fund" shall mean the Fund so designated, which is established pursuant to an arbitrage rebate agreement, into which shall be deposited certain moneys in accordance with the provisions of said arbitrage rebate agreement. I "Record Date" shall mean, as the case may be, the applicable Regular or Special Record Date. "Redemption pricel1 shall mean the principal amount of any Bond plus the applicable pr.emium, if any, payable upon redemption thereof pursuant to the Injenture. - 12 - GTH\HARRIS\lS784.01\12/26/96 :i-' .'. " ' . ,.,' ',' _' . :',.' :':.'~ ":': ,- : - ....' - ~';:.~.: . /.>,', , :':, :, '.,' ,'I -', - - --- ----, T--- rrr' \ 1 6G 3 "Refunding Bonds" shall mean Bonds issued by the Issuer to refund or advance refund all or any portion of the Bonds Outstanding. "Registrar" shall mean the Trustee, or any successor designated pursuant to Section 11.20, which entity shall have the responsibilities set forth in Section 2.04 of this Indenture. "Regular Record Date" shall mean the fifteenth day (whether or not a Business Day) of the calendar month next preceding each Interest Payment Date. "Regulatory Body" shall mean and include (a) the United States of America and any department of or corporation, agency or instru- mentality heretofore or hereafter created, designated or estab- lished by the United States of America, (b) the State, any poli- tical subdivision thereof and any department of or corporation, agency or instrumentality heretofore or hereafter created, desig- nated or established by the State, (c) the County and any depart- ment of or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the County, and (d) any other public body, whether federal, state or local or otherwise having regulatory jurisdiction and authority over the Issuer. "Responsible Officer" or Responsible Officer of the Issuer" shall mean the District Manager or any member of the Board or any other officer of the Issuer or other person designated by Certified Resolution of the Issuer, a copy of which shall be on file with the Trustee, to act for any of the foregoing, either generally or with respect to the execution of any particular document or other specific matter. "Revenue Fund" shall mean the Fund so designated which is established pursuant to Section 6.03 hereof. "S&P" shall mean Standard & Poor's Ratings Group, a division of McGraw-Hill, Inc., a corporation organized and existing under the laws of the State of New York, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "S&pl1 shall be deemed to refer to any other nationally recognized securities rating agency designated by the Issuer and acceptable to the Trustee. "Series 1997 Bonds" shall mean the Six Million Dollars ($6,000,000) aggregate principal amount of the Issuer's Heritage Greens Community Development District (Collier County, Florida) Special Assessment Bonds, Series 1997, to be issued as fully registered Bonds in accordance with the provisions of the Indenture, and secured and authorized by the Indenture. - 13 - GTH\HARRIS\15784.01\12/26/96 -.-.- '- -.--- --- - - ----- ----- . ----- .....--...... --- -... 1 bG 3 "Sinking Fund Account" shall mean the Account so designated, established as a separate account within the Debt Service Fund pursuant to Section 6.04 hereof. "Special Assessments" shall mean (a) the net proceeds derived from the levy and collection of "special assessments", as provided for in Sections 190.011(14) and 190.022 of the Act (except for any such special assessments levied and collected for maintenance pur- poses), against the District Lands that are subject to assessment as a result of the Project or any portion thereof, and (b) the net proceeds derived from the levy and collection of "benefit special assessments", as provided for in Section 190.021(2) of the Act, against the lands within the District that are subject to assess- ment as a result of the Project or any portion thereof, and in the case of both "special assessments" and "benefit special assess- ments", including the interest and penalties on such assessments, pursuant to all applicable provisions of the Act and Chapter 170, Florida Statutes, and Chapter 197, Florida Statutes (and any successor statutes thereto), including, without limitation, any amount received from any foreclosure proceeding for the enforcement of collection of such assessments or from the issuance and sale of tax certificates with respect to such assessments, less (to the extent applicable) the fees and costs of collection thereof payable to the Tax Collector or other collection agent and less certain administrative costs payable to the Property Appraiser and Tax Collector pursuant to the Property Appraiser and Tax Collector Agreement. "Special Assessments" shall not include "maintenance special assessments" levied and collected by the Issuer under Section 190.021(3) of the Act. "Special Record Date" shall mean such date as shall be fixed for the payment of defaulted interest on the Bonds in accordance with Section 2.01 hereof. "State" shall mean the State of Florida. "Tax Collector" shall mean the tax collector of the County. The words "hereof", "herein", "hereto", "hereby", and "hereunder" (except in the form of Bond), refer to the entire Indenture. Every "request", "requisition", "order" I "demand", "application", "notice", "statement", "certificate", "consent", or similar action hereunder by the Issuer shall, unless the form or execution thereof is otherwise specifically provided, be in writing signed by a Responsible Officer. - 14 - GTH\HARRIS\15784,Ql\12/26/96 - 1 6G 3 All words and terms importing the singular number shall, where the context requires, import the plural number and vice versa. [END OF ARTICLE I] ), I I J I j r f j I ; i j I i I J I GTH\HARRIS\15784,Ol\12!26/96 - 15 - ,~ - --- ... --- -- ---. -., 111-*- .- ARTICLE II 1 6G 3 THE BONDS SECTION 2.01, Amounts and Terms of Series 1997 Bonds: Details of Series 1997 Bonds. The Issuer is hereby authorized to issue pursuant to the terms and conditions of this Indenture, its obligations to be known as "Heritage Greens Community Development District Special Assessment Bonds, Series 1997" (the "Series 1997 Bonds"). The total principal amount of Series 1997 Bonds that may be issued under this Indenture is expressly limited to Six Million Dollars ($6,000,000). The Series 1997 Bonds shall be issued substantially in the form attached hereto as Exhibit C, with such appropriate variations, omissions and insertions as are permitted or required by this Indenture. The Series 1997 Bonds shall be numbered consecutively from R-1 and upwards. The Issuer shall issue the Series 1997 Bonds upon execution hereof and satisfaction of the requirements of Section 3.01 hereof; and the Trustee shall, at the Issuer's request, authenticate the Series 1997 Bonds and deliver them as specified in the request. The Series 1997 Bonds are being issued and delivered hereunder for the purpose of (i) financing the Costs of the Project, (ii) making a deposit to the Debt Service Reserve Fund in the amount of the Debt Service Reserve Requirement and (iii) paying the costs of issuance of the Series 1997 Bonds. The Series 1997 Bonds shall be issued as fully registered bonds without coupons in Authorized Denominations. The Series 1997 Bonds shall be dated January 1, 1996. Interest on the Series 1997 Bonds shall be payable on May 1, 1997, and on each Interest Payment Date thereafter to maturity or prior redemption. Interest on the Series 1997 Bonds shall be payable from the most recent Interest Payment Date next preceding the date of authentication thereof to which interest has been paid, unless the date of authentication thereof is a May 1 or a November 1 to which interest has been paid, in which case from such date of authentication, or unless the date of authentication thereof is prior to May I, 1997, in which case from January 1, 1997, or unless the date of authentication thereof is between a Record Date and the next succeedir;g Interest Payment Date, in which case from such Interest Payment Date. i 1 2 J { 1 \ The principal or Redemption Price of the Series 1997 Bonds shall be payable in lawful money of the United States of America at the corporate trust office of the Paying Agent upon presentation of such Series 1997 Bonds. The payment of interest on the Series 1997 Bonds shall be made on each Interest Payment Date to the Owners of the Series 1997 Bonds by check or draft drawn on the Paying Agent and mailed on the applicable Interest Payment Date to each Owner as such Owner appears on the Bond Register maintained by the Registrar as of the close of business on the Regular Record Date, at his - 16 - GTH\HARRIS\15784,Ol\12/26/96 . . . - . . : '. ,.... ..' . ~ . I ~ t ' " - " - - . ',., ",' , ". ' , . " -'" _w................ .1- ,1 6G 3 address as it appears on the Bond Register. Any interest on any Series 1997 Bond which is payable, but is not punctually paid or provided for on any Interest Payment Date (hereinafter called "Defaulted Interest") shall be paid to the Owner in whose name the Series 1997 Bond is registered at the close of business on a Special Record Date to be fixed by the Trustee, such date to be not more than fifteen (15) nor less than ten (10) days prior to the date of proposed payment. The Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first-class, postage-prepaid, to each Owner of record as of the fifteenth (15th) day prior to such mailing, at his address as it appears in the Bond Register not less than ten (10) days prior to such Special Record Date. The foregoing notwithstanding, any Owner of Series 1997 Bonds in an aggregate principal amount of at least $500,000 shall be entitled to have interest paid by wire transfer to such Owner to the bank account number on file with the Trustee and Paying Agent, upon requesting the same in a writing received by the Trustee and Paying Agent at least fifteen (15) days prior to the relevant Interest Payment Date, which writing shall specify the bank, which shall be a bank within the continental United States, and bank account number to which interest payments are to be wired. Any such request for interest payments by wire transfer shall remain in effect until rescinded or changed, in a writing delivered by the Owner to the Trustee and Paying Agent, and any such rescission or change of wire transfer instructions must be received by the Trustee and Paying Agent at least fifteen (15) days prior to the relevant Interest Payment Date. The Series 1997 Bonds will mature on May 1, 2018, subject to the right of prior redemption in accordance with their terms and as set forth herein and shall bear interest at the annual rate of Eight and one quarter percent (8.25%). Interest on the Series 1997 Bonds will be computed in all cases on the basis of a 360-day year of twelve 30-day months. Interest on overdue principal and, to the extent lawful, on overdue premium and interest will be payable at the numerical rate of interest borne by the Series 1997 Bonds on the day before the default occurred. The Trustee is hereby constituted and appointed as Paying Agent for the Series 1997 Bonds. The foregoing provisions regarding the method and manner of payment of the Series 1997 Bonds shall equally apply to any Series of Refunding Bonds issued under this Indenture unless the Certified Resolution of the Issuer authorizing the issuance of such Refunding Bonds expressly provides otherwise. GTH\HARRIS\15784,Ql\12/26/96 - 17 - . -..-.---.----------..--- 1 6G 3 SECTION 2.02. Execution. The Bonds shall be executed by the manual or facsimile signature of the Chairman or Vice Chairman of the Issuer, and the corporate seal of the Issuer shall appear thereon (which may be in facsimile) and shall be attested by the manual or facsimile signature of its Secretary or Assistant Secretary. Bonds executed as above provided may be issued and shall, upon request of the Issuer, be authenticated by the Trustee, notwithstanding that one or both of the officers of the Issuer whose signatures appear on such Bonds shall have ceased to hold office at the time of issuance or authentication or shall not have held office at the date of the Bonds. SECTION 2.03. Authentication: Authpnticating Agent. No Bond shall be valid until the certificate of authentication shall have been duly executed by the Trustee, and such authentication shall be proof that the Bondholder is entitled to the benefit of the t~st hereby created, In the case of any Series of Bonds for which the Registrar is other than the Trustee for such Series of Bonds or the Issuer, the Trustee may appoint the Registrar as an Authenticating Agent, with the power to act on such Trustee's behalf, and such Authenticating Agent shall be subject to the direction of the Trustee i:1 t::.e authentication and delivery of Bonds in connection with :ra:1sfers and exchanges hereunder; the authentication and delivery 0: Bonds by an Authenticating Agent pursuant to this Section shall, :o~ all purposes of the Indenture, be deemed to be authent ica:ic:1 a:1C delivery "by the Trustee." The Trustee shall be entitled to be reimbursed fo~ pa~e:1ts made to any Authenticating Agent as reasonable compensation :o~ its services. Any corporation into which any Authenticating Agent may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, consolidation o~ conversion to which any Authenticating Agent shall be party, or any corporation succeeding to the corporate trust business of any Authenticating Agent, shall be the successor of the Authe:1ticating Agent hereunder, if such successor corporation is otherwise eligible under this Section, without the execution or filing of any further act on the part of the parties hereto or the Authenticating Agent or such successor corporation. AI1Y Authenticating Agent may at any time resign by giving written notice of resignation to the Trustee, the Issuer and any Paying Agent. The Trustee may at any time terminate the agency of any Authenticating Agent by giving written notice of termination to such Authenticating Agent, the Issuer and any Paying Agent, Upon receiving Such a notice of resignation or upon such a termination, or in case at any time any Authenticating Agent shall cease to be GTH\HARR1S\i5784.01\12/26/96 - 18 - 1 6G 3 eligible under this Section, the Trustee shall promptly appoint a successor Authenticating Agent (which may be itself), shall give written notice of such appointment to the Issuer and the Paying Agent, and shall mail a notice of such appointment to all Holders of Bonds as the names and addresses of such Holders appear on the Bond Register. SECTION 2.04, Registration aud Regist:ca.I:. The Trustee is hereby constituted and appointed as the Registrar for the Bonds. The R~gistrar shall act as registrar and transfer agent for the Bonds, The Issuer shall cause to be kept at an office of the Registrar a register (herein sometimes referred to as the "Bond Register" or "Register") in which, subject to the provisions set forth in Section 2.08 below u:1d such other regulations as the Issuer and Registrar may prescribe, the Issuer shall provide for the registration of the Bonds and for the registration of transfers and exchanges of such Bonds. If the Registrar is not the same entity as the Trustee, the Issuer shall cause the Registrar to designate, by a written notification to the Trustee, a specific office location (which may be changed from time to time, upon similar notification) at which the Bond Register is kept. The Registrar for a Series of Bonds shall, in any case where it is not also the Trustee, forthwith following each Record Date in respect of such Series and at any other time as reasonably requested by the Trustee for such Series, certify and furnish to such Trustee, and to any Paying Agent for such Series as such Trustee shall specify, the names, addresses, and holdings of Bondholders and any other relevant information reflected in the Bond Register, and the Trustee and any such Paying Agent shall for all purposes be entitled to rely upon the information so furnished to it and shall have no liability or responsibility in connection with the preparation thereof. SECTION 2.05. ~ilatedJ Destroyed. LQst or Stolen Bond~. If any Bond shall become mutilated, the Issuer shall execute and the Trustee or Authenticating Agent, as the case may be, shall thereupon authenticate a:1d deliver a new Bond of like tenor and denomination in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee or Authenticating Agent, as the case may be, of Such mutilated Bond for cancellation, and the Issuer and the Trustee or Authenticating Agent, as the case may be, may require reasonable indemnity therefor. If any Bond shall be repor~ed lost, stolen or destroyed, evidence as to the ownership and the loss. theft or destruction thereof shall be sub- mitted to the Issuer and the Trustee or Authenticating Agent, as the case may be; and if such evidence shall be satisfactory to both and inderrmity satisfactory to both shall be given, the Issuer shall execute. a:!d there,"pon the Trustee or Authenticating Agent, as the case r71ay De, s~a 11 au t~ent icate and deliver a new Bond of like tenor and denomina~ion, The cost of providing any substitute Bond G ~ ~ \. ~\;_:. : 5 \ : ~ 7' :..:: : .: 2 .: ~ ~_ - 19 - ...- : . . ~ - ~ . . . . . . . ", '" . . ~, ' :. . (" . 1 6G 3 under the provisions of this Section shall be borne by the Bond- holder for whose benefit such substitute Bond is provided, If any such mutilated, lost, stolen or destroyed Bond shall have matured or be about to mature, the Issuer may, wi th the consent of the Trustee or Authenticating Agent, as the case may be, pay to the Owner the principal amount of and accrued interest on such Bond upon the maturity thereof and compliance with the aforesaid condi- tions by such Owner, without the issuance of a substitute Bond therefor, Every substituted Bond issued pursuant to this Section 2.05 shall constitute an additional contractual obligation of the Issuer, whether or not the Bond alleged to have been destroyed, lost or stolen shall be at any time enforceable by anyone, and shall be entitled to all the benefits of the Indenture equally and proportionately with any and all other Bonds duly issued hereunder. All Bonds shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds, and shall preclude any and all other rights or remedies with respect to the replacement or payment of negotiable instrument3, investments or other securities without their surrender. S2CTION 2.06. ~porary Bonds.. Pending preparation of definitive Bonds, or by agreement with the original purchasers of all Bonds, the Issuer may issue and, upon its request, the Trustee shall authenticate in lieu of definitive Bonds one or more temporary printed or typewritten Bonds of substantially the tenor recited above, Upon request of the Issuer, the Trustee shall authenticate definitive Bonds in exchange for and upon surrender of an equal principal amount of temporary Bonds. Until so exchanged, temporary Bonds shall have the same rights, remedies and security hereunder as definitive Bonds, SECTION 2.07, Cancellation an~~struction of ~ndered Bonds. All Donds surrendered for payment or redemption and all Bonds surrendered for exchange shall, at the time of such payment, redemption or exchange, be promptly transferred by the Registrar, Paying Agent or Authenticating Agent to, and cancelled and destroyed by, the Trustee. The Trustee shall deliver to the Issuer a certificate of destruction in respect of all Bonds destroyed in accordance with this Section. SECTION 2.08, Registration. Transf.e.r and Exchange. As provided in Section 2.04 hereof, the Issuer shall cause a Bond Register in respect of the Bonds to be kept at the designated office of the Registrar, At the option of the Bondholder, Bonds may be exchanged for other Bonds of Authorized Denomination, of a like aggregate GTH\HARRIS\15784 01\12/26/96 - 20 - -- -----....--..,.,-,-"'-,-,-----,_. 1 6G 3 principal amount and of the same maturity, upon surrender of the Bonds to be exchanged at any such office or agency, Whenever any Bonds are so surrendered far exchange, the Issuer shall execute and the Trustee (or Registrar or Authenticating Agent as described in Section 2.03 hereof) shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive, All Bonds issued upon any transfer or exchange of Bonds shall be valid obligations of the Issuer, evidencing the same debt and entitl.ed to the same benefits under the Indenture as the Bonds surrendered upon such transfer or exchange. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or accompanied by a written instrument of transfer in form satisfactory to the Trustee, Paying Agent or the Registrar, duly executed by the Bondholder or his attorney duly authorized in writing. Transfers and exchanges shall be made without charge to the Bondholder, except that the Issuer or the Trustee payment of a Sum sufficient to cover any tax or other charge that may be imposed in connection with any exchange of Bonds, may require governmental transfer or Neither the Issuer nor the Registrar on behalf of the Issuer shall be required (i) to issue, transfer or exchange any Bond during a period beginning at the opening of business fifteen (15) days before the day of mailing of a notice of redemption of Bonds selected for redemption and ending at the close of business on the day of such mailing, or (ii) to transfer or exchange any Bond so selected for redemption in whole or in part. SECTION 2.09. Persons Deemed Owners, The Issuel-, the Trustee,. any Paying Agent, the Registrar, and the Authenticating Agent shall deem and treat the person in whose name any Bond is registered as the absolute Owner thereof (whether or not such Bond shall be overdue and notwithstanding any notation of ownership or other writing thereon made by anyone other than the Issuer, the Trustee, any Paying Agent, the Registrar or the Authenticating Agent) for th2 purpose 0: receiving pa~nent of or on account of the principal or Redemption Price of and interest on such Bond, and for all other purposes, and the Issuer, the Trustee, any Paying Agent, the Registrar and the Authenticating Agent shall not be affected by any notice to the contrary. All such payments so made to any such Owner, or upon his order, shall be valid and, to the extent of the SUr.:1 or slJms so paid, effectual to satisfy and discharge the liability for moneys payable upon any such Bond. SECTION 2,10. Q.lliLl_i.f.t~~.QL..Ih.e D~.Do.sitory Trust CQrnp.2...n:i. To the extent provided in the Certified Resolution of the Issuer relating to a Series of Bonds, the Trustee shall be authorized to GTH\HARRIS\15784 01\12/26/96 - 21 - '-ft:~~:~:~~~~i~ .I~__" .~;.: 'l'Jj):.~f';' :'{i :l~':' "",. .II!: ."jI.' ,t::...~:,lP ~.. '.ti ;,'~'..~~ 'Pi,it> /'J' ~~:,~:~;rt~~r':, ~ .t' (,'.~.';;;~ ~~i~~;ifI. , ,11../' ,'f~!,..;t;:::".J' ~J~~ "l,..'tt,.f)(~. ): i'.,';..'~ .\'.~ ~:;~{.~~.~:~~: ~'..l'~'l;r' ..:" ):;. ~~~:',.:-~~ '~I,,!'hi~" fj;~f;} -.'A~f~' ii~~~~~.tf' I~{:!r~~~~~~t~:,~ ;--.?e'U~:;'-7';.' ,.rl/':rl.~- tt1"t/'::i~;~{~" :-f~'~i~~~~';:';': :X:~~~;~;: ....i~i~~;'~~ti: ~f:,i~i~~~~:~ ~~f~}.r~:\~'~!-' " ~~;!:}.~~.~.fi~. "~;\Q..; l.;:~I" ..~...,.....i..,l. ~~,:;,.~:..iji;~:~-: ;;'~~f;..,~.,~.,:t. ~'~,'{~~'t~l~.~ ~;.:;~ ..\..... ~lfi. ,," ~ :, ~.,:;l :\.t.~~~,:~ l.:'!,H..;~'," tlln:;t ]!J''';V; .t.... ~~l~f:;T ~~: t,",',~~~~";f ~~;~H.n;N d .,~'lt" ."J~ ft.~~/~~ ~ .~:~.'!j:-}~~<r !;dt1~~I'~:' ~t~t~~tj;~t~ t~\~TIh1 '~l-.;:~!..l.;:,t ~;.~ilf%~ ;.:~...\~ . ,;\Il' \$~({;~~i ,~~~:{!r~:( ;t~ ~~J ~,,;1~~"~;:~ i'S:t~~"~Jf ~~,.~....~t,:"f.\ :;,_;.~;~l~'-;~;~~: j:s,':}~3r-,i!f' _~Vi;~~;j(,;;h';' f""""'''~~ !:i.}~\t;:~!_.~.r' f.df~l~~\~; ~1~';'1::,~ ,. ,--I>':}':' 71}:,1? ~>.:J'1~' '!..J.~~'~~~ , -' ,"';' ~ . ~ . ,', -; " i'" \(~,-';i~~-'~" ::'-'\" ~ ..,j.... .;\,I'.,::">.~~: ..' ~...'~" ," .':~".'.l' ", ..; ,.. . . )O.:~',~ ", , -. ~ ..... " . I ..... ". l' " ..' . , ."_ 'M . ~. . ~ ,~ \;.. '. .:/~W;\. 1 6:~ enter into agreements with The Depository Trust Company of New York and other depository trust companies, including, but not limited to. agreements necessary for wire transfers of interest and principal payments with respect to the Series 1997 Bonds or any Series of Refunding Bonds, utilization of electronic book entry data received from The Depository Trust Company of New York and other depository trust companies in place of actual delivery of Bonds and provision of notices with respect to Bonds registered by The Depository Trust Company of New York and other depository trust companies (or any of their designees identified to the Trustee) by overnight delivery, courier service, telegram, telecopy or other similar means of communication. [END OF ARTICLE II) GTH\I~RJS\15784_01\12/26!96 - 22 - .1~ ~.<{ I~""~'" );~/;"J;':~,,;.;...,,\l ;..~ ~,..,~~, j"f k.~,~:t ~-~t/~ . .' ....~~.f..' "~J.1~':/~",~ I.~ ~!/~,::.. \.':.~.- {~,/~f~ .1.orJ'.t:' ~.t~~;~~~i;:t>j. .~.;\;'t:~t..'..t:.. .1,~: ',~~~.Y1;~~: i. J..t- ." ,.'''/.; : ': .;;";'<',1. J,,;o"l ~v~'J,:t -f: '(ro~~~'" ~1, -... i l'. .~.} ~..a:-':r~ar.' ~."" ~ &'''':~I~~'':~': .~~~,Wt: ..........~II(f..~ }t..,;.' : ~;;"'\i-~11iJ'~ ~;' J,~ ~(',';" :f:~[~:fir:{l: ,'i";",,.~,,? I.... j ~:aJ#\:.~~f..~, ,',-ft,-.;t... t~~~ -1 j(" ~~'; .:1:'.... '1.~(., ~,;f,i1;~,1o;. ".~;~t ;~"'4"..;:,.~ t~." ',~~~'.~~},~..;( ~.. ~'. '/',~~; ~...~.& ::'4" ;;it~~~w" ,/.9. '''~1~;~~4~ .'# z~rr.: ~,it:~r'j~r ';~::r:4~~ft!.:. .'~'I>."'t'f,:,.,~\.,, :\~'~~''!:-h.--1~~~r.4 I:,' ~,r{r,~~1,~: "",;~,\..,.f~..:.' , ':.t:i...!,rl\ " ",VJ,'... . ~.;. ~,~)~ ,;~~ ~ ~l~~~::' ''':\.';f~I$'':U' .fl":>"t"\l\' .'t~"lIo..J:~ .:t\:~l.}"~ .f;'}~. ' 'r;.!.!- $ .',~ :,-:'~".;..~_'tJ..r : ;l<::~U:};l i~'~,;,,"t';/~ ~. r"';;; .;Jo~.t<~ d/~~;~~, ""-',i' ;,"r~, ,w:tf:;.~:tl~1' ,'h<t~~'A :'I;~~,~f~'~-:~ ".i:.,:r:;~".," 'l'~'*t~~! "'r{ .,f"~<I\"!',, ,I::.: '~~:~.,~:,. r~:~'~1I,r~:- U'"'''':''''I.f!. ~ ~:.~:;if.it.~. ::t);.r.~~~ .<....;I~..." i... ~~.. 'Jtij-.;.1" J:~"~\~;:I; ,).;) ~,:if, :;r...~~,. ..,~.. .~,~:?~~,t.~~ ',~\"..;!.tJ.tt~ ~'.'~~l~;.,- """'" ~ \~"irl" . ':~ '!ji:f'('}, .'14 ,.., ,if . ,:'l~sro ".;'" ,~::..~~5~f..I'. ;'It~.~ ~.' ~..>~. .h '~i1tr:~p;; ~~f.:r ~f,!-.;l j )it,.-i" ,~ '...l;o:&~n 1; ,tii"';~i'~~ j' ,,~~';'.~~~.~j ~. '~'*-~' (;::':"\'~1:r ='I~ii:.:;.~ {;;'~~~'~'.' ""-f.~$'J' t;~~f;j~~{~ :r~f~'~~ l"'t..~:;: f"'..r.., ,.if;.~~ ;~'.':ffj;: "~'i"':' i ~.t.~~ ~"~l!'i ij;::.r~~: O,.""'!i """"""" :/.. . ~... ?'\.".!' ..~. ....~~.... ..:,- . .\ -~~ ,". I... .;: :-: ;,!,~:,.~',~':~~";':~}'~~~'~~.;'::~~r::,.I~~~::_~.:p.,t(i;h:'~ .~.~: ..!~.:.~~{t;-,'.: 't ..-..~.'J..'.'.':"'., . "'----._""- -- 111I ~ nllllll__-.-.~ 1 ARTICLE III 1 6G 3 ISSUE OF BONDS SECTION 3,01, l..;;;sue of Series 1997 Bonds.. Subject to the provisions of Section 2,01 hereof, the Issuer may issue the Series 1997 Bonds for the purposes specified in Section 2,01. In any such event the Trustee shall, at the re~lest of the Issuer, authentic~te the Series 1997 Bonds and deliver or cause them to be authenticated and delivered, as specified in the request, but only upon receipt of: (1) a Certified Resolution of the Issuer (a) establishing the terms of the Series 1997 Bonds; and (b) authorizing the execution and delivery of the Series 1997 Bonds to be issued; (2) a written opinion or opinions of Counsel to the Issuer addressed to the Trustee and to Bond Counsel that (a) the District has been dUly created, established and validly exists as a community development district under Chapter 190, Florida Statutes (the ~Act~); (b) as a community development district, the District has the good, right and lawful authority to, among other things, consttuct, acquire and maintain infrastructure syustems, facili ties and services, such as the Proj ect, to assess, levy and collect non-ad valorem special assessments, such as the Special Assessments, and to issue revenue bonds secured by special assessments, such as the Series 1997 Bonds; (c) the District has authorized the Project and has taken, or arranged to take, all action necessary to proceed with the Project upon closing of the sale of the Series 1997 Bonds and consummation of the transactions contemplated to occur at such closing as specified in the Purchase Contract and the resolution authorizing the issuance and sale of the 1996 Bonds; (d) all proceedings undertaken by the District with respect to Special Assessments have teen in accordance with applicable Florida law and the District has taken all action necessary to assess and impose the Special Assessments securing the 1996 Bonds. The Special Assess[';1ents are legal, valid and binding first 1 iens upo:J the property aga inst which such assessments are made until paid, of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such special assessment or installments thereof fall due, superior to all other liens other than parity liens for state. county. district and municipal taxes; (c) all cor:di t ions p~'escribed herein as precedent to the issuance of the Series 1997 Bonds have been fulfilled; (f) the Series 1997 Bonds have been validly authorized and executed and when authenticated and delivered pursuant to the request of the Issuer will be valid obligations of the Issuer entitled to the benefit of the trust created hereby; (g) the Indenture has been duly executed and delivered and that the Indenture GTH\HA.~RfS\15784 01\12/25/95 - 23 - ..,..........-r~....,,__....... .~ __.---- t>- .... ., T -11. -.-""'IaiDM.-- --~ 1 6G 3 and the Series 1997 Bonds are legal, valid, binding obligations fO::nforceable in accordance with their terms, except to the extent enforcement thereof may be impacted by bankruptcy, in801 vency, reorgani zation, moratorium 0::- other similar laws affecting creditors' rights and by the exercise of judicial discretion; (h) any consents of any Regulatory Bodies required in connection with the issuance of the Series 1997 Bonds 0::- in connection with the acquisition of the improvements included in the Project have been obtained or can be reasonably expected to be obtained; and (i) if the acquisition of any real property or interest therein is included in the purpose of such issue, (i) the Issuer has or can acquire good and marketable title thereto free from all I iens and encumbrances except such as will not materially interfere with the proposed use thereof or (ii) the Issuer has or can acquire a valid, subsisting and enforceable leasehold, easement, right -of -",ay or other interest in real property sufficient to effectuate the purpose of the issue (which opinion may be stated in reliance on the opinion of other Counsel satisfactory to the signer or on a title insurance policy issued by a reputable title company); (3) a CCJ!1sulting Engineer's cert.ificate stating, in the signer's opinion, that (a) the proj ect improvements are reasonable and practicqble; and (b) (i) the construction items comprising the Project and the Costs thereof are reasonable, (il) the acquisition, construction, equipping and installation of the improvements is consistent with the plans and specifications for the Project, (iii) the plans and spec if icat ions there for as set forth in the report of the Consulting Engineer relating thereto in connection with the levying of Special Assessments have been approved by the signer, (iv) the plans and specifications therefor have been approved by all Regulatory Bodies required to approve them (spec i fying such Regulatory Bodies) or such approval can reasonably be expected to be obtained, and (v) the contracts in respect thereof entered or to be entered into by the Issuer cover substantially all portions of the construction thereof net beir.s performed by e~ployees of the Issuer; (4) a copy of the executed Acquisi tion Agree17lent, together with opinions of counsel to the Issuer and counsel to the Developer as to the legal, valid and binding nature of such agrep;nent; (5) the proceeds of the sale of the Series 1997 Bonds; (6) one or more Certified Resolutions of the Issuer relating to the levy of Special Assessments in respect of the Project, and stating that the Issuer has undertaken and, to the extent then required under applicable law, completed all necessary proceedings, including, without li~itation, the approval of assessment rolls, the holding of public hearings, the adoptior, of resolutions and the establishment of all - 24 - GTH\Ht\iN I S \] 5784.01 \ l2! 26/95 -"","",~""'~~"""""''iI''h'~ '~-'-""'..'~_'~""'R.. ~Il\. -....~~.II.I'~-_lIT"'llI_ -..._.__ "'" ,___ .___."".__ .JI~ ~~::~Y::(;:. ~.;, ,.~lI.i~;~.~;X:. \ "~~Z:~~~'~.':;~~,: ~.tI:~ ::~~~\r :.~~~i_~';~!./ 'i~$ ~ ,;:\.': (L,.,,,.,,,, i.~~~~~~>. ,..,,( l.l 't . f;V:~ f..: ~t1~YI:;'! ;J" ....,..,' ~~if~~~t, t~:''j~/,'fi:: r~~' ';':''f:''':,~,'l'!': t~';:l$;~:: ....,;~-e: 'i'~' . "'I~UI~;~. :'t~'~"-'(;';'I~~') .J*!~rt~t.~ <<!:1.;'[r.;.,-;~~:, ':fl.~ ~~1;i,).~. '~':-:~~;t~4/;~\ ~ ~~,~..\/!~~ ~:.,~', ,:~r'~~:.":' ~:'I: ~iJ~'N!j;: 'I "ll....;,....: ~l!;;~~i( ~h.:.of;;'1.:~ :.::' ;;~~/ ~ .;:r:/~~ ~-~~.~.t~,~ "','" . J,t;!j.j:;.....,,,i~1 ':tf( ~JJ.".'./ I."~~.. ~ .~~.:~t,;,_.,,~.; :~~If.f:~;' 'i' \', J:t<,. ..~~;.- ~.~~"~~:Ili .... ~..~~t~.;.l~.. ,.........'.!J.p. .i~.~ .~I!L..{t;' .j,i~~.~'~JC~ ~~~:~}?:~~% '~:~:~:~\tt'~{ ,,.:bt,,!f.,_ -"~..;lO.~.'''\' l,.....,~.l..'\:.~ ;.r~:{f:;~:f.'t.lf "ll~'{~t.,.., ;.ltfil,jt(o~'\_~ '. f 'j"lf ~'.., ti~f~' ;:~{;,. ~.'i,"eh:.., ~J~~", e8..~. '.:l1~~~.i:. '~~~~~f'!.A~~ .' iit:.nt~,. : ,\;J.:t....,~ . i!k1:m~~ ~;"'\'?!"~ ."i:.: ;::~f.f.:. ;:. 1.'l';'i1~~ .<..-1.;< il' i,. ~"~(If.:';~!:.:''t. IY'~~OI' .J.!?:~t4'4: l'."'lr~: "f,.'.,"..,: '-~~~J"j _';"'''C~-''f''''''~ ~~..~, {:..,3 .~. ~:,7(,.::".' "'7i >'). ~"~""'~\" 'f/.':&H~ " - ;~..f~~.~~ ,.jr .i(,"'~~.~i .-,.l'.""1,~" ~;\'>':~tl~;" -; ,::'nM~~ :",:~.:;'IJ.~t[~ :'f';f..,~~'l"[ . !'4,...-). '';T.~J~'~ ,~~. .:/. .,.,(.l:J 7-;',:0: !:!;~~;"': " t:J,i::~.~~:,\ "i' { ~\.Jr~.P ~f'j~;i~ij; "'<\} l.~ ~~~ ...-.,;;.,,!,' tt~ . ".,J,.l". ~~it;( ~?,'c_~ - . " '\"/' :~ 1~' t:~~~t: f~1 ~€;, !r~~.,\~5:~. -i.h:)~~~\;:r~;::.:.~~:;~._~ ~~~.::ir'l.:~,~'~\.;:',:~,:~~} ~. ~ ,-;: 1 ,. , ~.'.- "';. ~ .... ~ ::,'....J. . ~ ". .. ~ '.. " if .:,., ..' '..1;; .' . . . I ~. ",~.. , '".., ~~" . !- J~,., .. f .~ !': ,I;,.,. 1 6G 3 necessary collection procedures, in order to levy and collect Special Assessments upon the District Lands in an amount sufficient to pay the Debt Ser~ice Requirements on the Series 1997 Bonds; (7) an opinion of Bond Counsel that the interest on the Series 1997 Bonds will be excluded from gross inCOMe for federal income tax purposes (although such interest may be taken into account in determining adjusted current earnings for purposes of computing the alternative minimum tax imposed on corporations); and (8) such other documents, certifications and opinions as shall be reqJired by the Issuer or the Trustee upon advice of counsel, SECTION 3,02. ~~e of Refundina Bonds. The Issuer may issue Refunding Bonds under and secured by the Indenture at any time or times, subj ect to the conditions hereinafter provided in this Sect ion, for the purpose of providing funds for (i) refunding, including advance ~efunding (so long as the exclusion from gross income for federal income tax purposes of interest on the Bonds to be refunded is not adversely affected), all or part of the Bonds then Outstanding, including the payment of any redemption p~emium thereon and interest which will accrue on such Outstanding Bonds to the selected redemption date or stated maturity dates, as the case may be, (ii) a deposit of funds or securities, if any, required to be deposited to the credit of the Debt Service Reserve Fund upon t.he issuance of such Refunding Bonds and (iii) paying any expenses in connection with such refunding, including, without limitation, the Costs of issuance of such Refunding Bonds. The Trustee shall, at the request of the Issuer, authenticate che Refunding Bonds and provide for delivery of such Refunding Bonds as specified in the request, but only upon receipt of: (1) an Officer's Certificate of the Issuer stating (a) t:he intended use of the proceeds of the iE'sue; (b) any other amour; t s 3.vailable for the purpose; (c) tha t the proceeds of the issue plus the other amounts, if any, stated to be avail- able for the purpose will be sufficient to refund the Bonds to be refunded in accordance with the refunding plan and in com- pliance with Article XIV of this Indenture, including, without limitation, to pay the Costs of issuance of such Refunding Bonds; (d) that notice of redemption, if applicable, of the Bonds to be refunded has been duly given or that provision has been made therefor, as appl icable; and (e) (i) the Debt Service Requirements for the current and each Fiscal Year (A) with respect to all Bonds Outstanding immediately prior to the authentication and delivery of Refunding Bonds and (E) with respect to all Bonds to be Outstanding immediately thereafter. and (ii) that the Debt Service Requirements for each such Fiscal Year is no greater in (i) (B) than in (i) (A) of this subsection; and GTH\H,.\RRIS\ 15784 01 \ 12/26/95 - 25 - , ~--,..-------_.._-~._------------_..._._-_.._---------------_.__..- ---.--.-..--- .---...-. ._-~ --.-.".- ~f:~/~~~r;:' ~!.~/:; ";:':'~:f<::;~ f{'."':~~'J: : ';',I',",t, ',- ,......,-j..' . t!'J,t{;' };~r{~~;: :~'?i('4. t . 'x,.1,..., j~i!~~..~:: ~~ ...{);:~':J"'''.~'~ '~~~~l~1;~c.~, ~ 1s;.'~~ ~r'.I:: ,. ";~!1~/:r~.'~, 1~:,\:~\ lJ'(p' ;~{~~{} .i':-~ (~. J ';~.f.{~<Ij; ~r; ;'~~.~~~_'~; 'i ;. ,':t.IoJ.1.-,: :t~~fJ9~ ..'~ "-i'\ J: '. ;;,J.~~~!:~~<"\';~ , '</.",.. 2~~0~~~~~?~ l..:t., "7ji I',.'~'i ,.! C,~ ':,!~:.i:;..:; --:'~1~!i;;J 'l":'. ,J. ~~ii~ I"~/<'-"';~ ';l~JtJ:~~t: I/~li't"~":"" >- ~:~,~:~~ .,:'~ I r.~;;11 '1'-'0"" .~,' ,.~~ '::.i'~~::' ';!i5\"(J~! ;..' ~~r,-.J~"l1_:;:. ~"l".:.:.. <'l:"''"''''="" ~;1"'J"',~ r~1.;'j ~/:~.~:; t'~Wil<~';~. ,....s.'\..f' .~" .....' "il1J;"t~. .5.;. ";'~."";. ~{.~ i~~."~'- '~~., ,,,-, "i~"~'."'::r)';; , "t!.'!.", r ,,,~.,, '~~~.(F~~~.~t~-: \:~,.;...h~f,;t ::' ',~ ~r:~~l~~~. ,.:It;,,~.!.,.:. ., ';- ~ 7-~":' ~~. ,"~.r t . ,;,tl,.CA,,""..... ~;\;:~.ij~M~; et~l'*~':' ~4~..1r?'~\ :~- :\l.l,t'1;~t1: J,!~~'!', I,," ~1"~' f[ti~;. .,:'~, ,- '..,., of ,.-~",.(A, ("~:',l, ," :~F'~,~ ;:c.~ j "'j"'''''''',,, I" :'.n',,~~:"-:: ... ~ ,iI;~ '''.i~ l ~"..\~~\.:'r;(~. .~r;/..;.r~~~~~s~/; ,....~:~~~/1/,*' ..; . :):":.,fiI. ,. -...".t',! ~~..lr:./~. '...' ~~,q:f':~;~}~p~' :r"'.:f/.:'3 : "" 1! ~. r,r-, ~:.,,, "~I;~' /,\ ; I.~.r.~ ,_!t...: ,,:' .j... _;,j, ,...~ ~f ~J!litt ,~)f~IK~\ I~. ..,rl:....~~',.l:t 'it: , ;/~i.l~:.;'~_:; :~:~ " , , ,. '. '~.. :.~ 'J. .... .. . ,',' ;'< ;-:' ----- - ~.::f. ;/~..~;. t~<li,. :: t~; ~,~: t, \~..~ ;:._'~~ :.~~.~-~~ ~ ~~" ~~ .~.~; ~. . ~ ~.,' .~) ; ... .' ~ 1 6G 3 (2) a written opinion of Bond Counsel to the effect that the issuance of such Refunding Bonds will not adversely affect the exclusion from gross income for federal income tax purposes of interest on any Bonds issued pursuant ':.0 the Indenture and that the Bonds have been paid in accordance with Article XIV hereof. Unless otherwise specifically provided in the Certified Resolution of the Issuer authorizing a series of Refunding Bonds, all of the provisions of Article II hereof shall apply to Refunding Bonds issued hereunder. SECTION 3.03. ILisJ;>osition of Proceeds of BO!1d~. Upon the issuance and delivery of any Series of Bonds issued under Sections 3,01 or 3.02 hereof, the proceeds shall be received by the Trustee in accordance with the terms hereof and of the applicable Certified Resolution. The Trustee shall deposit the same in the Construction Fund under Article V hereof (unless the purpose is refunding, in which case the proceeds of such Refunding Bonds and any other amounts to be added thereto shall be deposited in a redemption or escrow fund especially established for that purpose as more specifically provided in the Certified Resolution of the Issuer authorizing the issuance of such Series of Bonds), except that any portion representing capitalized interest or prepaid reserves shall be deposited in such appropriate interest account or accounts or r~serve fund or funds, respectively, as may be established for the Bonds of such Series, all as more specifically provid~d by ~lritten direction to the Trustee by the Issuer. SECTION 3,04 ('losing Statement: Payme[1t by Trust~. The Trustee is authorized to pay from the Construction Fund in amounts set forth in a closing statement or requisition signed by a Responsible Officer of the Issuer, amounts representing the Costs of issuance of the Bonds and amounts, if any, to be reimbursed to the I ssuer for advances on account of Costs of the proj ect or portion thereof, all as more specifically provided in Section 5.02 hereof _ [END OF ARTICLE III] - 26 - GTH\HARRIS\15784,Ol\12/26/96 ,. _._-- .P--...-----._--_._-----------.._~--- ~--.......- .,- --~-.--,- ~-----,'..._lIl' _,,~_. v_""",," . I '01; ~ ",' . . ",' :.' . 1 6G 3 ARTICLE IV ACQUISITION OF PROJECT SECTION 4.01. ~~~o Conform to Plans and SpecificatiQ~ Changes.. The I ssuer will proceed to complete the Proj ect in accordance with the plans and specifications therefor; provided, however, that prior to any material change in the original plans and specifications for the Project as approved by the Issuer, the Consul t ing Engineer shall de liver to the Trustee a certificate specifying the nature of the change and the reason for the change, and such certificate shall further contain the signature of a Responsible Officer of the Issuer indicating th8 Issuer's approval of such change; provided further, that the Trustee shall have no responsibility to review such changes and shall not be held liable should any such change prove to be inappropriate. SECTION 4.02. Compliance F1.equirements.. The Issuer will comply with all, present and future laws, acts, rules, regulations, orders and requirements lawfully made and applicable to any acquisition or construction hereby undertaken and shall obtain all necessary approvals under federal, state and local laws, acts, rules and regulations necessary for the completion, operation and maintenance of the Project. [END OF ARTICLE IV] GTH\HAP.RIS\15784.01\12/26/'?6 - 27 - ...."...~... -- ~ ....... r.. ~. ~ .:.. - -.,',~.:':'.';:'r !,~: '~;,:'~"~I!{' ;~~:~ ~.:.< ;'~"~'W":~/~~;'1-~, ?~:"~\',};::~(:o~'?~t','r~r.}'~,'! ,':'~,;}~:'~ ',' !:,1; ),', t \,rf<..",".',<,~~;:." ,,0' ':;\fX~~~;:') . <t'\'" . ':f7~~~t~;~~~ ~...c._...~. 'i~~:~ ~~'i"~ ,)~{~ t~i~~ :t~ "'-..:~!... i ~-'::\!'J' ',' .~. -Jt....' '.. ..If. ."', ~:"'( ~~in~~~ ~;\1~{l~ . ,,~ /,.~~,,{~} ,~ l'>{,"~h:t ;~:-t.l'~i ':C:~ to : :?tf'j~~,,"'~ : ~,~~,~ ~~~ ..:.~ ~..'.F. ,'\'!'kl\.~~ '.:~r ~H (;~~vi~;t '~ij:~;;.~.~, ' ~~ti~ :.,,}7. ,~~, '.It;.,''~:,,,n ~~'\"~1-'~4" . ;~~.:~.~~:,,~ i:"~('''t t}~t~~ .;l..~~.,;;..,,'! -~~!~~, ('::", -'~j' ,'t' ~:Jsd1: ~~'i~ ~f~1.'.~.},t::, ~4 $.;.....~.5 .:~~}~ij;~ ,J;""Y~"" ...', :r.'.~t', ,;'t:\;1:S'~:+')" :C:.~1~~f~ ;j;.:.~tt:t,;. '.W'.~)~; '<t,.~,~i; '~~i:g{~~ "I):!.V!{;. ~,~~.jf- :f(~-:f '''11",~;i):) ), "'o::!I:O.'[". ;!;;;iit!J[ ~,.r:i'k,~1 ~;}.:'I.',i1;:~t ~;~,.:'~j~~~ ~".~f;-..~;:~:~ J':~~:t;z'~: "f~~..;t~l :!.1 ~~,' ~:,,~~( '<!:\~;"" :,;!~'lj{;t. '::T" "~" r~~~.~{i~'" ~...)'. ,i .~~~~ li.';j,.':"/';t.,. n.,(.ytf.~" .oJ 'm"'~'): ~('~" ......., ':$'{.::1 :>::t;'.:i:I:J '9"~_1,.";(~1 ~{~;+.V~~ .\\,,, (t. ~~~~~~:I I~':~:~~ ~~':;.t~~ ~V\'I~'1 lJ:\,'lP "'!I~i.h '1:..1"'(,:; {,l~~~..~ G~:~~~I ...1,; '~"\.' r~~ '\"'/'" ti . " ;,.'.1 ';.. ';. ~. " '1 1. ~... "'",' ." '..' '''' I 1. _." '~." II' .' '." ARTICLE V 1 6G 3 CONSTRUCTION FUND SECTION 5.01 E~.s.hment of and Payments from Constr~ Ei.md. The Trustee shall establish a Construction Fund into which shall be deposited all or a portion of the proceeds from the Series 1997 Bonds in accordance with instructions from the Issuer a~d from which Costs may be paid as set forth herein. The amounts in the Construction Fund, until applied as hereinafter provided, shall be held for the security of the Bonds Outstanding hereunder. Payments shall be made from the Construction Fund to pay any unpaid Costs of issuance of the Series 1997 Bonds, including without limitation, legdl, engineering, and consultants' fees and to pay amounts to be rei~~ursed to the Issuer for Costs advanced, and thereafter to pay Costs of planning, financing, acquisition, construction, equipping and installation or the Project, For the purposes of this Section 5.01, Costs of the Project shall embrace the Cost of planning, acquisition, construction, reconstruction, equipping or installing and all other items of Cost incident to such planning, acquisition, construction, reconstruc- tion, equipping or installing and the financing thereof, and shall include, without intending thereby to limit or restrict any proper definition of such Cost (as defined in this Indenture) under the provisions of the Act or the Indenture; the following: (al obligations incurred for labor and materials and to 20ntractors, builders and materialmen in connection with such construction, for machinery and equipment, and for the restoration or relocation of property damaged or destroyed in connection with such construction; (b) the Cost of acquiring by purchase, if such purchase shall be deemed expedient, and the amount of any award or final judgment in or any settlement or compromise of any proceeding to acquire by condemnation, such property, lands, rights, rights of way, franchises, easements and other interests in land constituting a part of, or as may be deemed necessary or convenient for the acquisition or construction of, the Project, options and partial payments thereon, the Cost of filling, draining or improving any lands so acquired, and the amount of any damages incident to or consequent upon the acquisition, construction, reconstruction, installing or equipping of the Project; (c) the fees and expenses of the Trustee, the Registrar, any Paying Agent under the Indenture, including fees for serVlces in connection with the acceptance of the trusts hereby created, legal expenses and fees (including appellate fees), fees ~nd expenses of consultants, financing charges, Costs of preparing and issuing Bonds, taxes or other municipal or governmental charges lawfully levied or assessed upon the Project during construction, or any property acquired t-herefor, and premiums on insurance (if GTH\~ARRIS\15784,Ol\12126/96 - 28 - -/-'>t...~ .:~:\;~' ~"~~: 1 6(; 3 any) on Bonds issued ln connection with the Project during construction; (d) fees and expenses of engineers for making studies, surveys and estimates of Costs and of revenues and for preparing plans and supervising construction, as well as for the performance of all other duties of engineers set forth herein in relation to the construction of the Project or the issuance of Bonds therefor; (e) expenses of administration properly chargeable to the Project and all other items of expense not elsewhere in this Section specified, incident to the acquisition, construction, reconstruction, equipping and installation of the Project and the placing of the same in operation and to the acquisition of real estate, franchises and rights of way therefor, including abstracts of title and title insurance. SECTION 5.02, CQr~~ction Fund Di~urse~~. The Trustee shall make payments from the Construction Fund (and any accounts and subaccounts therein) only upon receipt of the fully executed Form of Requisition as described in Exhibit D hereof. Notwithstanding the foregoing, the Trustee shall retain $231,065 until Final Acceptance (as defined in the Construction and Maintenance Asreement) of the Project by the District. In the event that any requisition for the acquisition price of a specific component of the Project is in payment for any real property or interest therein, the Trustee shall not make such payment from the Construction Fund unless the Responsible Officer's certificate has attached thereto evidence that the Issuer has received a title insurance policy approved by counsel covering such property or written opinion of counselor any attorney designated for such purpose by counsel, to the effect that the Issuer shall have upon such payment marketable ti tle in fee simple to such property, subject to no lien, charge or encumbrance thereon affecting the title thereto except liens, charges, encumbrances or other defects of title which do not have a materially adverse effect upon the right of the Issuer to use such property for the purposes intended or which have been adequately guarded against by a bond or ocher form of indemnity or, if such payment be pa}~ent for an option t.o purchase or for a quit-claim deed or a lease or a release or on a contract to purchase or is otherwise for the acquisition of a right or interest in property less than a fee simple or perpet~al easement, or if such payment be a part payment for any such purpose, the written approval of the acquisition of such lesser right or interest signed by such attorney. Notwithstanding the foregoing requisition procedure, costs of issuance of any Series of Bonds and amounts to be reimbursed by the Issuer to any other Person for moneys advanced to or on behalf of the Issuer for payment of Costs of the Project (other than for real property) shall be paid by the Trustee from the Construction Fund upon delivery to the Trustee, on the date of issuance and delivery of such Series of Bonds, of a closing statement signed by a Respon- GTH\H;lRRIS\15784.01\12/26196 - 29 - v..........__'_~.._............._..........____.___,_ ._._.,.. 1 6G 3 sible Officer of the Issuer, specifying the Person to whom payment is to be made, the obligation on account of which the payment is to be made and the amount payable wi th respect thereto. Costs of issuance of any Series of Bonds and amounts to be reimbursed by the Issuer to third parties for moneys advanced to the Issuer for payment of Costs of the proj ect, presented to the Trustee for payment subsequent to the date of issuance and delivery of such Series of Bonds, shall be paid by the Trustee from the Constnlction Fund in accordance with the requisition procedures set forth in this Section, SECTION 5,03. Records and Reports D1..ll::.ing Construction P1ll.Qd. All requi sit ions and cert if icates received by the Trustee, as required by this Article V as conditions of payment frcm the Cons t ruct ion Fund, shall be retained in the possession of the Trustee, subject at all times to the inspection of the Issuer and the Consulting Engineer, for a period ending no earlier than three (3) years from the date of completion of the Project. SECTION 5.04. Completion of Construction. The date of completion of the Project (the "Completion Date") shall be evidenced to the Trustee by a certificate signed by the Consulting Engineer and the District Manager stating that, except for amounts retained by the Trustee for Costs of the Project, not then due and payable: (a) The Project has been completed in accordance with the specifications therefor and all labor, services, materials and supplies used in the Project have been paid for and acknowledgments of such payments have been obtained from all contractors and suppliers and the District has accepted the Project; (0) All other facilities necessary in connection with the proj eet. have been constructed, acquired and installed i:1 accoydance with the specifications therefor, and all Costs and expenses incurred in connection therewith have been paid; and (el All requirements of the Construction and Mair.tenance Agreement between the Issuer, the Developer and the Board of COurlty Commissioners of Collier County have been satisfied and the District's responsibility for maintenance under said agreement has terminated. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. Within ten (10) days following the Comple t ion Da te of the proj ect, the Trustee shall transfer any ba,lance in the Construction Fund pertaining to the Series 1997 Bonds and shall deposit the same in the Debt Service Reserve Fund, but only to the extent that a deficiency then exists in the Debt - 30 - GTi-i\IiARRIS\l5784 01\12/26/96 -- 1 6G 3 Service Reserve Fund. Any remaining balance from the funds in the Construction Fund (except moneys retained for expenses not yet due and payable) pertaining to the Series 1997 Bonds which are not required to be transferred to the Debt Service Reserve Fund shall be transferred to the Bond Redemption Fund for application as set forth in Section 8.03 of this Indenture. Upon receipt of a certificate from the Consulting Engineer and thq District Manager evidencing the Completion Date of the Project, as described above, the Board of Supervisors of the Issuer at its next regularly scheduled ~eeting shall adopt a resolution accepting the comple ted proj ect for purposes of Section 170.09, Florida Statutes, as amended. [END OF ARTICLE V] GTH\H,I.,RR IS\ 15784.01 \ 12/26/96 - 31 - ., i. ~ ;. .'\'- '::. ..: "', ; \ . " ',' ~ '& ". ~ ~ M 1 6G 3 ARTICLE VI NON-AD VALOREM SPECIAL ASSESSMENTS; APPLICATION THEREOF TO FUNDS AND ACCOUNTS SECTION 6.01. Non-Ad Valorem Special Assessments: Lien of Indenture on Pledged Revenues. The Issuer hereby covenants that it shall levy Special Assessments, and evidence and certify the same to the Tax Collector or shall take all necessary action legally available to certify the non-ad valorem Special Assessments roll to the Tax Collector for collection by the Tax Collector and enforcement by the Tax Collector or, if authorized by Section 9.04 hereof, the Issuer may utilize alternative methods of collection and enforcement by the Issuer, pursuant to the Act, Chapter 170 or Chapter 197, Florida Statutes, or any successor statutes, as applicable, to the extent and in the amount at least necessary to pay the Debt Service Requirements on the Bonds issued and Outstanding hereunder. The Issuer shall pay to the Trustee for deposit in the Revenue Fund established under Section 6.03 hereof all Special Assessments received by the Issuer from the levy thereof on the District Lands subject to assessments for the payment of Bonds; provided, however, that amounts received as prepayments of Special Assessments shall be deposited directly into the Prepayment Account in the Bond Redemption Fund established hereunder. The Issuer shall at the time of each deposit notify the Trustee of the amount of such prepayment to be deposited into the Prepayment Account. The Pledged Revenues are hereby pledged for the payment of the principal or Redemption Price of and interest on all the Bonds issued and Outstanding under the Indenture. The pledge to the Trustee of the Pledged Revenues as security for the payment of the principal or Redemption Price of, and interest on, the Bonds issued and Outstanding under the Indenture and the performance of any other obligation of the Issuer hereunder with respect to the District Bonds, shall be valid and binding from the date hereof, and the covenants and agreements set forth herein to be performed by or on behalf of the Issuer shall be, except as otherwise expressly provided or permitted herein, for the equal and ra table benef it, protect ion and securi ty of the Owners of the Bonds, regardless of their times of issue and maturity, and shall be of equaJ. rank, without preference, priority, or distinction of anyone Bond over any other Bond. The Pledged Revenues shall immediately be subject to the lien and pledge of the Indenture without any physic~d d'21ivery hereof or further act; provided, however, thac the lien and pledge of the Indenture shall not apply to allY moneys transferred by the Trustee to the Rebate Fund. - 32 - GTH\HARR I S\ 1573'1. 01\ PI 26/96 '.': ' '.. . .' " '. '> . ,-.' .... , ~ l '" ,\' 1.1 ~ ,'>. " ._ _ '~""'1>f" .". '., . ~,. ~. I ~ . . '.,. . I l .: :" .~ , rt. J .; " 1 6G 3 SECTION 6.02, fj.mds and Accounts Relatina to the Bonds. The Funds and Accounts specified in this Article VI shall be established under the Indenture for the benefit of all of the Bonds issued under the Indenture. All moneys on deposit to the credit of the Funds and Accounts established hereunder (except for moneys transferred to the Rebate Fund) shall be pledged to the payment of the principal, redemption or purchase price of (as the case ~ay be) and interest on the Bonos issued hereunder. SECTION 6.03, kvenue F1..\...'1Q. The Trustee is hereby authorized and directed to establish a Revenue Fund into which the Trustee shall deposit (i) Bond proceeds as directed by the Issuer, (ii) any and all Special Assessments received from the levy thereof on the District Lands for the payment of Bonds and (iii) other paywents required hereunder, provided, however, that amounts received as prepayment of Special Assessments shall be deposited into the Prepayment Account of the Bond Redemption Fund. Absent such a notice from the Issuer, the Trustee can assume that there are no such prepayments. The Revenue Fund shall be held by the Trustee separate and apart from all other Funds and Accounts held under the Indenture and fro~ all other moneys of the Trustee. On the Business Day immediately prior to each May 1 (with the exception of when the first Interest Payment Date is on Nove!T.ber 1 and, in that case. the Trustee shall transfer sufficient funds to the Interest Account of the Debt Service Fund to pay the interest on all Bonds then Outstanding on such November 1), the Trustee shall transfer from amounts on deposit in the Revenue Fund to the Funds and Accounts designated below, the following amounts in the following order of priority: FIRST, to the Interest Account of the Debt Service Fund, an amount equal to the amount of interest payable on all Bonds then Outstanding on such May 1 and the next succeeding Noverr.ber 1 less any amounts already on deposit in the Interest Account not previously credited; seCOND, to the Principal Account of the Debt Service Fund, an dmount equal to the principal amount of Bonds maturing on the next succeeding May I, less any amount already on deposit in the Principal Account not previously credited; TH I RD I beg inn ing on May 1, 1999 and on each Interest Payment Date thereafter, to the Sinking Fund Account of the Debt Se rvice Ftmd, an a.mount equal to the principal amount. of Bonds subject to m<1ndatory sinking fund redemption on the next succeeding May 1, less any amount already on deposit in the Sinking Fund Account not previously credited; equal FOURTH, to the Debt Service Reserve Fund, an amount if any, which is necessary to make the to the amount, - 33 - GTH\HARR:S\~573J 01\12/26/96 ":. "6"':",r.' ~~...~~.\t, ~{" flJ1!~;~' ."i.;"...~,.~~~... ~. ~1.i.'l~i..~: .".~ ~',,: ",'" ~... ~~~:~~. ~'~..~~ ;. :~:.~!:~:l;Ji~ ,f};tr ~'.!~ 't~~~~~'" . ~~~ -.. t~"t... ~~f~ ~"",~"'~"" ~:~~; ;~i,t~>'~.~"':"' ~' ~'J~"'" ~ ~:';'J:r~~ 1H~ j...;~" ~1.:..f1{:'~~ ". :\_ .\."1l,..~ .' ~ ;~. ~.. ~;~:: :'; ~,~ .~.. ~.\ {: rt"nt~ ,.,,,,.,t,.,,, :~~:..;;':~1lt:i:::" :l~rt~{'l...~;(~' :~Z~{~t "'..~.:,~f!\,"f,]...,J. ~:-~~~~f~~~ """"1 t Y',.'Jl-' I.:~~,~,.; "f~i~.; t ~~ .~l '''',:l.'' ~~l: t...!..~ t~~<:,.' 1: ?";:'; :';;;~l~ ..~t~-~.,..).'t. ,- : ~ '4"fi"\..t~ !1~~~(~;:~:~~ ,-,. ~~ A~;~:. 'i;~J~~{: .;~, ~.,tfH:. . 4v... .....~~ (~;. '';'Jfi':'t.!t> .~:r.H~{";: /.c.;.,p.~"" ~~(-Etj;, ~.,;';.,,~;~t, \.i'1~" ,;..r.~; .'~.:~~~:r:. ..:~ b-:;~'~":, jAii:.;t~~ '.;.:,~~!t.Y of- ,;.;.r;,,.,: ;1:~~::~?~; ..;', , ,', .'-t" " ~ ,',. """",1./' . ,. ,', . "./', "',:"~.,' .',',',l . .... J>' ~ / .. .'.;. ~ .'" ~., " ',: ::/::.:":'>-".... .{.' ;:;::!~:,~\i~;;; ;! :~,! :'~'::l' " ' >::,:'>:.,.., '~ '. ,~', , . ~'~~ : 'r'. ~ -- '/..:d ,(', ,,' ".oJ.. "! ~,' I " . /. ~. . j 1 6G -, ) amount on deposit therein equal to the Debt Service Reserve Requirement with respect to the Bonds; and FIFTH, to the Bond Redemption Fund. Notwithstanding the foregoing provisions, if the period between Interest Payment Dates is other than six (6) months with respect to any Series of Bonds, then such transfers shall be adjusted accordingly so that sufficient moneys will be on deposit in the Funds and Accounts to provide for the timely payment of such Bonds. SECTION 6,04, Debt Service Fund. The Trustee is hereby authorized and directed to establish a Debt Service Fund which shall consist of amounts deposited therein by the Trustee a~d any other amounts the Issuer may pay to the Trustee for deposit therein with respect to the Bonds, The Debt Sel~ice Fund shall be held by the Trustee separate and apart from all other Funds and Accounts held under the Indenture and from all other moneys of the Trustee. The Trustee shall establish within the Debt Service Fund an Interest Account, a Principal Account dnd a Sinking Fund Account, which accounts shall be separate and apart from all other Funds and Accounts established under the Indenture and from all other moneys of the Trustee, The Trustee at all times shall make available to any Paying Agent the funds in the Principal Account and the Interest Account of the Debt Service Fund to pay the principal of the Bonds as they mature upon surrender thereof and the interest on the Bonds as it becomes payable , respectively, When Bonds are redeemed, the amount, if any, in the Debt Service Fund representing interest thereon shall be applied to the payment of accrued interest in connection with such redemption. The Trustee shall apply moneys in the Sinking Fund Account in the Debt Service Fund for purchase or redemption of the Bonds in amounts and maturities set forth in Section 8.0l(c) hereof. i'lhenever Bonas are to be purchased out of such Sinking Fund Account, if the Issuer shall notify the Trustee that the Issuer wishes to arrange for such purchase, the Trustee shall comply with the Issuer's arrangements provided they conform to the Indenture. Purchases and redemptions out of the Sinking Fund Account shall be made as follows: (a) Tne Trustee shall apply the amounts required to be transferred to the Sinking Fund Account (less any moneys applied to the purchase of Bonds pursuant to the next sentence hereof) on the principal payment date in eacn of the years set forth in Section 8.0lie) hereof to the redemption of Bonds in the amounts, manner and maturities and on the dates set forth in said Section 8.01(c) - 34 - GTHIHARRISI15784 01\12/26/96 1 6G 3 hereof, at a Redemption Price of 100%- of the principal amount thereof. At the written direction of the Issuer, the Trustee shall apply moneys from time to time available in the Sinking Fund Account to the purchase of Bonds which mature in the aforesaid years, at prices not higher than the principal amount thereof, in lieu of redemption as aforesaid, provided that firm purchase commitments can be made before the notice of redemption would otherwise be required to be given. In the event of purchases at less than the principal amount thereof, the difference between the amount in the Sinking Fund Account representing the principal amount of the Bonds so purchased and the purchase price thereof (exclusive of accrued interest) shall be transferred to the Interest Account of the Debt Service Fund. (b) Accrued interest on purchased Bonds shall be paid from the Interest Account of the Debt Service Fund. (c) In lieu of paying the Debt Service Requirements necessary to allow any mandatory redemption of Bonds from the Sinking Fund Account, the Issuer may present to the Trustee, at least 60 days before the next Interest Payment Date, Bonds purchased by the I ssuer pursuant to subparagraph (a) above and furnished for such purposes; provided, however, that no Bonds so purchased shall be credited towards the Debt Service Requirements in respect of the mandatory redemption of Bonds for which notice of redemption has been given pursuant to Section 8.02 of this Indenture. Any Bond so purchased shall be presented to the Trustee for cancellation. In such event, the Debt Service Requirements with respect to the Bonds for the period in which the purchased Bonds are presented to the Trustee shall, for all purposes hereunder, be reduced by an amount allocable to the aggregate principal amount of any such Bonds so presented. SECTION 6.05. Dsilit Serv~ce Reserve J::J.md. The Trustee is hereby authorized and directed to establish a Debt Service Reserve Fund 'Ni th respect to the Bonds. The Debt Service Reserve Fund shall be held by the Trustee for the benefit of the Bonds. The Debt Service Reserve Fund shall constitute an irrevocable trust fund to be applied solely as set forth herein and shall be held by the Trustee separate and apart from all other Funds and Accounts held under the Indellture and from all other moneys of the Trustee. On the date of issuance and delivery of a Series of Bonds an amount of Bond !Jroceeds equal to the increase, if any, in the Debt Service Reserve Requirement in respect of such Series of Bonds, calculated as of the date of issuance and delivery of such Series of Bonds, shall be deposited in the Debt Service Reserve Fund. As long as there exists no default under the Indenture and the amount in the Debt Service Reserve Fund is not reduced below the then applicable Debt Service Reserve Requi rement !,o/i th respect to the Bonds, earnings on investments in the Debt Service Reserve Fund shall be transferred to the Revenue Fund. Otherwise, earnings on invest- GiH\f~RR[S\i57a4,O]\]2126/96 - 35 - - .._,~--- _..~.-...._----'--_....-.....-._-.-.... ....-.....t:3l&.......... .....__ ._~ -...-.....a.. 1lIiiIl1-~~ 'U1llla:r - -- r_~___...~ ~.~. 1 6G 3 ments in the Debt Service Reserve Fund shall be retained in the Debt Service Reserve Fund until applied as set forth herein. In the event that the amount in the Debt Service Reserve Fund exceeds the Debt Service Reserve Requirement with respect to the Bonds due to a decrease in the then applicable Debt Service Reserve Require- ment or any other reason, the excess amount shall be transferred from the Debt Service Reserve Fund to the Bond Redemption Fund. Fhenever for any reason on an interest or principal payment da te or mandatory redernpt ion date, the amount in the Interest Account, the Principal Account or the Sinking Fund Account, as the case may be, is insu f f icient to pay all amounts payable on such Bonds therefrom on such payment dates after taking into account funds available for such purpose in the Bond Redemption Fund, the Trustee shall, without further instructions, transfer the amount of any such deficiency from the Debt Service Reserve Fund into the Interest Account, the Principal Account and the Sinking Fund Account, as the case may be, with priority to the Interest Account and then, proportionately according to the respective deficiencies therein, to the Principal Account and the Sinking Fund Account, to be applied to pay the Bonds and the interest thereon. SECTION 6,06, Procedu.r.e When Funds Are Sufficient to Pay All Bonds. If at any time the moneys held by the Trustee in the Funds and Accounts hereunder and available therefor are sufficient to pay the principal or Redemption Price of, as the case may be, and interest on all Bonds then Outstanding hereunder to maturity or prior redemption, together with any amounts due the Issuer and the Trustee, Paying Agent and Registrar, the Trustee, at the direction of the Issuer, shall apply the amounts in the Funds and Accounts to the pal~ent of the aforesaid obligations and the Issuer shall not be required to pay over any further Pledged Revenues unless and until it shall appear that there is a deficiency in the Funds and Accounts held by the Trustee. SECTION 6.07, R~~EJ..md. On the date required by the arbitrage rebate agreement or by the Code, the Issuer shall give che Truscee written direction and the Trustee shall transfer over from the Reverue Fund to the Rebate Fund the amount due and o.....ing to the United States, which amount shall be paid to the United States when due. Amounts on deposit in the Rebate Fund shall be held in trust by tl-,e Trustee and used solely to make required rebates to the United States (except to the extent the same may be transferred to the Revenue Fund) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. The Issuer agrees to undertake all actions required of it in its arbitrage rebate agreement dated the date of issuance or the Bonds, relating to such Bonds, as well as any successor arbitrage rebate agreement relating to other Series of Bonds, including, but not 1 imi t.ed to: GTH\HARRIS\157S.l OI\1?/26/96 - 36 - ---~._~,~~...... . . ' .. .'. .: "':', :' . '. ;':.. ~- 1 6G 3 (A) making a determination in accordance with the Code of the amount required to be deposited in the Rebate Fundi (!3) depos i t i ng the amount determined in clause (A) above into the Rebate Fund; (C) paying on the dates and in the manner required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasury; and (D) keeping such records of the determinations made pursuant to this Section 6.07 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds. The provisions of the above-described arbitrage rebate agreement may be amended from time to time as shall be necessary, in the opinion of Bond Counsel, to comply with the provisions of the Code. (END OF ARTICLE VI] GTH\HARRrS\15784 01\12/25/96 - 37 - 1 6G 3 ARTICLE VII SECURITY FOR AND INVESTMENT OR DEPOSIT OF FUNDS SECTION 7.01. D..eposits and Security Therefor,:. All moneys received by the Trustee for deposit in any Fund or Account established under the Indenture shall be considered trust funds, shall not be subject to lien or attachment, except for the lien created by the Indenture, and shall be deposited in the corporate trust department of the Trustee, until or unless invested or deposited as provided in Section 7.02 hereof. All deposits of moneys received by the Trustee under the Indenture in the co~)orate trust department of the Trustee (whether original deposits under this Section 7.01 or deposits or redeposits in time accounts under Section 7.02) shall, to the extent not insured, and to the extent permi t ted by law, be fully secured as to both principal and int~rest earned, by Investment Securities of the types set forth in s'...lbparagraphs (a), (b), (c) or (d) of the definition of Investment Securities and the provisions thereof. If at any time the commercial department of the bank acting as Trustee is unwilling to accept such deposits or unable to secure them as provided above, the Trustee may deposit Such moneys with any other depositary which is authorized to receive them and the deposits of which are insured by the Federal Deposit Insurance Corporation (including the FDIC'S Savings Association Insurance Fund). All deposits in any other depositary in excess of the amount covered by insurance (whether under this Section 7.01 or Section 7.02 as aforesaid) shall, to the extent permitted by law, be fully secured as to both principal and interest earned, in the same manner as required herein for deposits with the Trustee, Such security shall be deposited with a Federal Reserve Bank, with the trust department oi the Trustee as authorized by law with respect to trust funds in the State, or with a bank or trust company having a combined net capital and surplus of not less than $50,000,000. SECTION 7,02, l.ny.~ment or Deposit of E1uJ..ds.. The Trustee shall, as directed by the Issuer in writing, invest moneys held in the Funds and Accounts only in Investment Securities. All deposits in time accoun~s shall be subject to withdrawal without penalty and all investments shall mature or be subject to redemption by the holder without penalty, not later than the date when the amounts I,.:i 11 foreseeably be needed for purposes set forth herein. All securities securing investments under this Section shall oe deposited with a Federal Reserve Bank, with the trust department of the Trustee, as author~zed by law with respect to trust funds in the State, or with a bank or trust company having a combined net capital and surplus of not less than $50,000,000. The interest and income received upon such investments and any interest paid by the Trustee or any other depositary of any Fund or Account and any profit or loss resulting from the sale of securities shall be added GTH\HARRfS\:5734.01\12/26/96 - 38 - .1 ':.' . ~ '- . ':"'~ ",\' i ,~ .:, , .. .. . ~~~~l'l}:,:,n i '''\.~\'.....'' ;.-~'t'''''1?'\~ !.~f~ii?~ 1 ~,'T!" '-~!-'~:r'~.i ~:J. "<'{ :~ ~{~~~ '''',. .~..;. "'j\,,,~!l' f~~~ ~~/'1~,~~ill~ .;t.,1......, ";"--'" ~~;2.i~.ir-fl~':: 'IiJ;/t"-jf ....... jf:;j~:~~~~~:~ ~.!1 ""l)";,{~'}r ~2"1'; '~"I~~ii,;~.~ ~1.;.r~}~ >~~:~ i..:~...._;;:.f...."'." i;~ :,~..,~..r;~' _~\' ~.~;'; ~:'t.~~=~:.~i' ~~.&_{: -~<;J}:i:t' -: (f'l~ ~[:t.~-:; ::~~~ '_~ 'i~ '~~''j~);' '\)^',..1~f., ;''J, ;;".J..>I...~ i't,~.-,.: V'.;""""-s',.~, ~?24.~~~~!f{j: f~:-~tlh:~:1~~':." :~;:~\~1~~~;:>, ','",~:t,I:.'7.,~ '.t, ..:t\.t"Jn,.v.....! ,,~l't.... ~:.~; ~t.~J;!f:~~ ~ 11\7):1: ~i l.~~: ~ . , :"""t \.. "\~"iJ..l .?{\ji~:,:~fl. ]1i;~)j,~..~\l!~.. . ~,t.;.'. ,~c.-:.. ~:.'.. ~.., 1:, ~.~~(t'i p.}.(t~;~ ~i l\~ \....,1.w:;;!; ,*.~J. ..h~:::i1;y:"l;;"jl. ~;:'~&~J~ i.~-~~: ~~:~~~fff$ l"'~ ." .'.~.lt' r~~li '..:....." ..L~# vt~\ ~f:~~~;....:;:~~~.~~::: *';:,.t,.':- '~fr'~ ;,~W;J}~.'t~;r{ ,..,(jf,)'J"~'h' i~~JI.i!i;1 ,\...:, .\~,~:- "~~~ ,r,.,,,:') ?~~1~~~ ~~r" ;'n"J': l.~'i:J);!; :r".'~,:.,:: --: t,~:lJ"~'~ ','.,.,~ ''I'' 1~~~;$p,j; :,Ci ~!t~ ;lt~ ..,~ ~~~11f ;;;:J;,~q/~';:;";::\; :~': '.}5;;:;:~.:.:..;;r::: :,}>::; ;;.~,,::~:- ,':/:r::'j:<{.~, I., t; . ;-'_I~'J~""::~ :::' i\ . '. " .~,--. 1 'I. :," ;" . ~ ~ " , . , ' 16G .3 or charged to the Fund or Account for which such investments are made; provided, however, that if the amount in any Fund or Account (other than the Bond Redemption Fund and the Prepayment Accou~t) equals or exceeds the amount required to be on deposit therein, any interest and other income so received shall be deposited in the in the Construction Fund until the Completion Date of the Project and thereafter into the Revenue Fund. Upon re~lest of the Issuer, or on its own initiative whenever payment is to be made out of any Fund or Account, the Trustee shall sell such securities as :nay be requested to make the payment and restore the proceeds to the Fund or Account in which the securities were held. The Trustee shall not be accountable for any depreciation in the value of any such security or for any loss resulting from the sale thereof, except as provided hereinafter. If net proceeds from the sale of securities held in any Fund or Account shall be less than the amount invested and, as a result, the amount on deposit in such Fund or Account is less than the amount required to be on deposit in such Fund or Account, the amount of such deficit shall be transferred to such Fund or Account from the Revenue Fund in the order and at the times specified in Section 6,03. Absent specific instructions as aforesaid, all moneys in the Funds and Accounts established under the Indenture shall be invested in Investment Securities as provided in a standing written instruction or specific instruction of the Issuer or, if none, then held uninvested, The Trustee shall not be liable or responsible for any loss or entitled to any gain resulting from any investment or sale upon the investment instructions of the Issuer or otherwise. SECTION 7.03, Y~ation of Fund~. The Trustee shall value the assets in each of the Funds and Accounts established hereunder as of September 30 of each Fiscal Year (except that the Debt Servic2. Reserve Fund shall bf valued on each Interest Payment Date), and as soon as practicable after each such valuation date (but no later than ten (10) days after each such valuation date) shall provide the Issuer a report of the status of each Fund and Account as of the valuation date. In computing the assets of any Fund or Account, investments and accrued interest thereon shall be deemed a part thereof, subj ect to Section 7.02 hereof. For the purpose of deter~ining the amount on deposit to the credit or any Fund or Account established hereunder, with the exception of the Debt Service Reserve Fund, obligations in which money in such Fund or Account shall hav~ jeen invested shall be valued at the markec value or the amortiz~~ cost thereof, whichever is lower, or at the redemption price thereof, to the extent that any such obligation is ~hen redeemable at the option of the holder. For the purpose of determining the amount on deposit to the credit of the Debt Service Reserve Fund, obligations in which money in such Fund shall have been invested shall be valued at par, if purchased at par, or at amortized cost, if purchased at other than par, plus, in each case, accr-ued interest. Amort.ized cost, when used with respect to an - 39 - GTH\HAfW I S\ 1573.t. 01 \ 12/26/96 II,ij',:>'?J:iit(;; IV).}'~~ ,(", lill '." (;~,~r:'~ <H;l~i~, ",',7': ;,,~~.t ,:' ':'~/'~.;::~~~~~l:f(i ~~.{/~.ft~'~!~!C'~:,:..::.,.,;;:~i~~~,,;',~ ::~~'J"": " ',': :,:: ;',';.:::', ':; ""'. I. ..' .... .~ . ".(~.' l' .: ." '~""I: '.'..' '. . '. 't :, " ~ I , . ,:", ;.. ~: '., 1 6G 3 obligation purchased at a premium above or a discount below par, means the value as of any given time obtained by dividing the total premium or discount at which such obligation was purchased by the number of days remaining to maturity on such obligation at the date of such purchase and by multiplying the amount thus calculated by the number of days having passed since such purchase; and (1) in the case of an obligation purchased at a premium by deducting the product thus obtained from the purchase price, and (2) in the case of an obligation purchased at a discount by adding the product thus obtained to the purchase price. [END OF ARTICLE VII] ".J'~'i''''''' :'fI.:. ~, ~;(..> ,.t l."I'~'" '," ~'<tl: _..;' ~o:..",:.1.~ -:",/:~;!l!~;b~'l ';",\'rZi.,~;?-,,' ,.,,~t":-"'\ ~6d!fW. ~;~"Jf;';-"'.Ir,: }:;J:~{r:;fi.: 'i..f r'~t~i1~i~~ :" 'r'f~/~'l:~~ :{:~'c,.j,-",'.t ~~~:!r~:l(~: ''I.,,'Vi''':II' ?~~~~~i~~r +tt~:,~f ~ _J::""~'.'~~~;'>' .l"",'!.i~' ':'t:i~;~;.:l. . ~.i'J~:t~:};,l\' 'Yo ..!.......~'.l.~:t ,:,!-,':; j;:.:~ t.",~.:tt ;'i~;~~~~~r1~'~ {:;j..~~.:'!' e:fJt '.'. :(".,,,,, .'!i."-' .z..[.,,;;';~':r./ ...",""...'1ri. .~i'''f.~"' ,~t1~ :::~~';;":"/~j: - 4 a - GTH\HARRIS\15784.01\12/26i96 -~~.~/}"';;~~'~!. ,~i:tf?~~f\g~ ...,. '.'1-'jJ~t& ~ t,'~ ,/ "": ,~": ::J~ :';:.;~_':';~!/>/;.r '~;:;i::'~, f"::-~;;',~~':: /::..'t::.1 ',;:,.; .:':':'-' .....::,.;- ~ :,':; ';': '..: ),:,~ ':/):~~', :;~:i;:Y_-~i" , ,,::. .,':, ~ '. .." ... . '. ;", ,,':J; .~. ~.;' ::: ',,:. .' 1 6b j ARTICLE VIII \J:!~f~~\' ~./:..~~,.:.,,{..,; ~t~~ ;"~l:~ ~.~ .,'{~ REDEMPTION AIID PURCHASE OF BONDS SECTION 8.01. Redemption Dates and Prices. The Bonds shall be subject to redemption at the times and in the manner provided herein and, as to any Series of Refunding Bonds, as further pro- vided in the Certified Resolution of the Issuer authorizing such Series of Refunding Bonds. All payments of the Redemption Price of the Series 1997 Bonds shall be made on the dates hereinafter required. If less than all the Bonds are to be redeemed, the Trustee shall select the Bonas or portions of the Bonds to be redeemed by lot. Partial redemption of Bonds shall be made in such a manner that the remaining Bonds held by each Bondholder shall be in Authorized Denominations. ." ." 'Y"P. ~.r~)!~;.. !f t.~~:,W~-j.":; ;~~~f:t;3~ / ...., iJ:i> (a) QJ;;l.t.iQJ1al RedemJ;lt ion. Except as otherwise provided in Section 8.G1(b) and (c) hereof, the Series 1997 Bonds are not sub- j ect to redemption prior to May 1, 2007. The Series 1997 Bonds shall be subj ect to redemption at the option of the Issuer, in whole at any time on or after May 1, 2007, or in part 0:1 any Interest Payment Date on or after May 1, 2007, at the Redemption Prices (expressed as percentages of the principal amount to be redeemed) set forth below plus accrued interest to the redemption date, upon receipt by the Trustee not less than forty-five (45) or more than sixty (60) days prior to such redemption date of a ~ritten direction from the Issuer stating that it intends to effect redemption of such Bonds: '..(."_~~'""t.' I~I 1'~. '~;.f ~":";..J: Ji~( ;e',,~ ':,';:,:1 ~t~t~ "',;:".'{{,::r, t"r":l t.'X~( !A;!~<"~1~~' ~vJ;f}';k~~ t, ,"",\.,.,.... i.~:~/~..~.. t1ti ...'" I."." .~:-.~.,;.,~ ~~ Redemption Period lWt..tL.D..~sJn~ Redemption Pri~ Hay "-, 2007 t hroll'::J'h April 30, 2008 103%' Hay 1, 2008 through April 30, 2009 102%' May l, 2009 through April 30, 2010 101%' May 1. , 2011 and thereafter 100% (b) ~~ordin~ry ManQ~~Redp.m~tiQn in Whole or in ~. The Series 1997 Bonos are subject to extraordinary mandatory redemption prior to maturity by the Issuer in whole, on any date, or in part, cn any Interest Payme:1t Date, at an extraordinary mandatory redemption price equal to 100% of the principal amount of the Series 1997 BO:1ds to be redeemed, plus interest accrued to the redemption date, (i) from moneys deposited into the Prepayment Account in the Bond Redemption rund following the payment in full of Special Assessments on any portion of the District Lands within thirty (301 days after the completion of the Project and acceptance thereof by the Issuer in accordance with the provisions of Section 9.08(a) hereof; (ii) from moneys deposited into the Prepayment Account in the Bond Redemption Fund following the payment in full GTH\HARRfS\15784 01\12/26/96 - 41 - ...........-.... .., AfT. -, ,.........~.........___........-..... 1 6G 3 or In part of Special Assessments on any portion of the District Lands as a result of any prepa~nent of Special Assessments at any time subsequent to thirty (30) days after the completion of the Project in accordance with Section 9.08(b) hereof, or as the result of any foreclosure, sale of tax certificate or other remedial action for non-payment of Special Assessments; (iii) following con- demnation or the sale of any portion of the District Lands to a governmental entity under threat of condemnation by such govern- mental entity and the payment of moneys by such governmental entity to the Trustee for deposit into the Prepayment Account in the Bond Redempt ion Fund pursuant to Sect ion 9.14 (c) hereof in order to effectuate such redempti.on; (iv) from excess moneys in the Con- struction Fund transferred to the Bond Redemption Fund pursuant to Section 5.04 of this Indenture after completion of the Project, as evidenced by the certificate of the Consulting Engineer and the District Manager required by Section 5.04 of this Indenture; or (v) from moneys, if any, on deposit in the Prepayment Account in the Bond 2edemption Fund pursuant to Section 9.14(c) hereof following the damage or destruction of all or substantially all of the Project to such extent that, in the reasonable opinion of the Issuer, the repair and restoration thereof would not be economical or would be impracticable; provided, however, that at least forty- five (45) days prior to such extraordinary mandatory redempt ion described in Section 8.01 (b) (v), the Issuer shall cause to be delivered to the Trustee (x) notice setting forth the redemption date and (y) a certificate of the Consulting Engineer confirming that the repair and restoration of the Project would not be economical or would be impracticable. Notwithstanding anything to the contrary contained in Article V hereof, upon the receipt by the Trustee of the certificate described in this Section 8.01 (b) (v) or the occurrence of an event described in Section 8.01 (b) (iii) , moneys in the Construction Fund (except for moneys retained for expenses incurred but not yet due and payable) shall be transferred to the PrepayTIent Account in the Bond Redemption Fund for application as set forth in this Section 8.01(b). On each March 15 2nd September 15 (or if such date is not a Business Day, on che Business Day next preceding such day), the Truste;:;: shall determine the amount on deposit in the Prepayment Account of the Bond Redemp~ion Fund, and, if the balance therein is greater than zero, shall transfer from the Revenue Fund for deposit into such Prepayment Account an amount sufficient to increase the amount on deposit therein to an integral multiple of $5,000 and shall ~hereupon give notice and cause the extraordinary mandatory redemption of BO!1ds on the next suceeding Interest Payment Date in the maximum aggregate principal amount for which moneys are then on deposit in such Prepayment Account in accordance with the prOV1Slons for extraordinary redemption of Bonds. (c) aa_nd.s<~.r:Y-Sinkina F\.1nd~. The Series 1997 Bonds are subject to mandatory sinking fund redemption on May 1 in - 42 - GTH\~ARRIS\15784,Ol\12/26/96 ~---_.._,..."..~--~ -~[.lJ."MIIIIf.__ ,:;1. ~.::~ ..;f.~~~:'/;.:'.:. ',:. , :i~F~~~f~'{ : '~I 'r!"tI",~ t;~:1i@ ,.:;,~~,';~ ';:'.:r~,:~:.r..:~l ".,~ i''!''';+: 4~~'~'''',:~~,;. F~',(.~~~?'~4Ij ~,:~;...~~(1~~~;. t>~-: {,! '; \ -,-, . " ~'., "',- . ';'i'tl;~~;~~i:>" ,'J;.;t:..:~,~,l. . ;r.~. ;";;~,'::.(,cj. i~"\ f. ~:q:,'ol:,oi. ;:1~5;'~'~}.; : "'!I"~;;/' (JiJ~~Y.' .,'rtj....'~'J-..& '5T~'.:tt~L ";'{'i:'j "'l' ~~~I .., f... ". " .,;:t.. ~l"~r ;:f.r)R~i~'~l (. ...': j !jf.'\ ,!~f \I:. t:t~A~~J; '~:li" "~J't;l. ;~11 ,t ~~~~~~~1i!'; t: it!;,. t~'l. f- Il.l 1 bG 3 the respective years set forth in the following Redemption Price of 100%' of the principal amount accrued interest to the redemption date. table, at a thereof plus ~ 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Principal Amount of Bonds to be Paid $120,000 $135,000 $145,000 $155,000 $170,000 $185,000 $200,000 $220,000 $235,000 $255,000 Y.e.li 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Principal Amount of Bonds to be Paid $280,000 $305,000 $330,000 $360,000 $390,000 $425,000 $460,000 $500,000 $540,000 $590,000 In connection with such mandatory sinking fund redemption of Series 1997 Bonds, commencing May 1, 1999, amounts shall be transferred from the Revenue Fund to the Sinking Fund Account of the Debt Service Fund, all as more particularly described in Section 6.03 hereof. The principal amounts specified in the foregoing table shall be reduced as specified by the Issuer by any principal amounts of the Series 1997 Bonds redeemed pursuant to Section 8.01(a), (b) and (c) hereof or purchased pursuant to Section 6.04 hereof. SECTION 8.02. Notice of Redemption and of Purchas.e,. When required to redeem or purchase Bonds under any provision of the Indenture or directed to do so by the Issuer, the Trustee shall cause notice of tile redemption, either in whole or in part, to be mailed at least thirty (30) but not more than sixty (60) days prior to the redemption or purchase date to all Owners of Bonds to be redeemed o~ pu~chased (as such Owners appear on the Bond Register on the fifth (5th) day prior to such mailing), at their registered addresses, but failure to mail any such notice or defect in the notice or in the mailing thereof shall not affect the validity of the redemption or purchase of the Bonds for which notice was d\lly mailed in accordance with this Section 8.02. Such notice shall be given in the name of the Issuer, shall be dated, shall set forth the Bonds Outstanding which shall be called for redemption o~ purchase and shall include, without limitation, the following additional information: (a) the redemption or purchase date; - 43 - GTH\HARRIS\15784.01\12/26/96 . i~:.i:;:. '~~t::-~~ :,:.'f':':'>.',; ::, .:,:/:,\",t :,.';,?,':"~' - ,'~:,;'; .~<~~,::~:':~:: . ;:,;'::',:; '.~ /"":'-" ~ ;,.' ";':; ~'. (.' ,"';, '::"':;;,' .> ,-::. :.: :: J~ ~ . ',,' .;: .. " ~'. ~ \~'>~{~.; ~~~:"i~.' {~f\,~",!.."""4"::'-"; ~~f~~[~~' '~':J;'.of~:ff~: .' 'n.4,J~,~:~' i~ t,::;...ff'-J~" ~~~iJ;,fj~.~:. '''~'~''''l:t''! ..~ :~J~~ ""-,, ~rtr;..., I~ "t.1, ~ ..t.~\ ~:". ~., l'1"~ f..'>'" .-.~;, /~~t:f!}~;" ~;",.~...,!.,..;.(:~..t!,. If;~0m~ ... :. ~ :;>} .,.,...... :~iJ;~~i~~~::t. t~!_~,;.!t~ I."'.~ .';.'\~. .:r.~~l\;!~ ;.;( ~,~.. i~~::r~,:~$~~;:, ..~1......i_" ..~...I:t '::!~..!I:~j.~~~;~' ; ;,:f~ ."\.~~.~,~~~: f\~~.t,~iFJ :'~~t'~~.;t.~~~.~,~ f.:f.':~~-1r }~;:;-{~/ ,(~.:.)d"(,' \' fff~i~ ~. ",~"(~""" ~(; .: :'? ~ .;~;5;, r '., ,,,\,ll~ ,. .il~c~:'~t~ ';(}:~:;' ?;'""f;V>'''i~ti;:; lY~~~~14}3, ''i'~-:c/H.:~~' ~:l~;~~)!.);~/ : f;~~~.:-rt .~~~r,~ .i~~. .';' ;f\~~f.,\.." ,~.~1~ .' ~ '~~J. ',.~~.:...t ;:~.:;t~;~~~ ':;: "~;'I":~3~.~;~t' ~~1~;~~~1~~ . '~'n.?~.~t;~i~: ~~-~.'Ji~';.f~f~~' ~""~"''''':~";r:t- t.. ~i,::~{bJ!~ $~ 'Y~ ~'. ~"t'RSt'i t..,,~-...,(,\vA!.(t ~, ;'I-~(;'~: 4""t,;1 ," 'v~ 11 f .'~~!.. ~:(4;Hr\;,7tf ?,~t~~$tt :"';I~~",.:1:it'_~(' ~. .......r,.. ....t\' . ;J,' '::"~ ",1"" '-.'~:;..;. ~'~~~-';~~'~.J~'Jo' t\l,I.-::Y~',l.A,:... ~~!'t-~~ .tttt W.4y.a:~~: f,:'4Pi",,~ <1 ,~I ,.t,..j"'~ lii~i'!Jff~t~* ,'1..' ,;1.:) "..,. :_):.:~~t~(~J~~:: J-I~'Y'_."I.''''')' ~{~Ji~!J: ~I't. ~.,~..."...:",.:tj. #.'..-~"...;-. t.~",:"")." ',-1,',' -;:i~J,..: ':#, '''''''''\,',-,,''''., .,:.':,","~.'~,', ... ,~ ,," ,~, ..... ' ." ,.~,~~':r:.,:. . ---_. ~- --_.~.._-'-,.__..~-_.._----_.._----------_._- ...........--..-- (b) the redemption or purchase price; 1 6G .5 (c) CUSIP numbers, to the extent applicable, and any other distinctive numbers and letters; (d) if less than all Outstanding Bonds to be redeemed or purchased, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed or purchased; (e) that on the redemption or purchase date the redemption or purchase price will become due and payable upon sur- render of each such Bond or portion thereof called for redemption or purchase, and that interest thereon shall cease to accrue from and after said date; and (f) the place where such Bonds are to be surrendered for payment of the redemption or purchase price, which place of payment shall be a corporate trust office of the Trustee. If at the time of mailing of notice of an optional redemption or purchase, the Issuer shall not have deposited with the Trustee or Paying Agent moneys sufficient to redeem or purchase all the Bonds called for redemption or purchase, such notice shall state that it is subject to the deposit of the redemption or purchase moneys with the Trustee or Paying Agent, as the case may be, not later than the opening of business on the redemption or purchase date, and such notice shall be of no effect unless such moneys are so deposited. For all redemptions other than mand~tory sinking fund redemptions, if the amount of funds deposited with the Trustee for such redemption, or otherwise available, is insufficient to pay the redemption price and accrued interest on the Bonds so called for redemption on the redemption date, the Trustee shall redeem and pay on su,::h date an amount of such Bonds for which such funds are sufficient, selecting the Bonds to be redeemed by lot from among all such Bonds called for redemption on such date, and among different maturities of Bonds in the same manner as the initial selection ot Bonds to be redeemed, and from and after such redemption date, interest on the Bonds or portions thereof so paid shall ce3se to accrue and become payable; but interest on any Bonds or portions thereof not so paid shall continue to accrue until paid ~t the same rate as it would have had such Bonds not been called for redemption. In addition to the foregoing notice, further notice of redemp- tion shall be sriven by the Trustee as set forth below, but no defect in said further notice of redemption nor any failure to give all or any portion of such further notice shall in any manner - 44 - GTH\HARP.!S\lS784.0i\12/26/96 -- .'f:,I,:.... ;", ,-:. " ::..! ':.l._, ~. ',' ~- . :~!l':'" '~..,,'_.' ,. . ,....t.: '. ~.-:'..'".,: ~..:. "'..' ~._.. .. - 1 6G 3 defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. (1) Each further notice of redemption given he~eunder shall contain the information required above for an official notice of redemption plus (i) the date of issue of the Bonds as originally issued; (ii) the rate of interest borne by each Bond being redeemed; (iii) the maturity date of each Bond being redeemed; and (iv) any other descriptive information needed to identify accu~ately the Bonds being redeemed. (2) Each such further notice of redemption shall be sent at least 35 days before the redemption date by registered or certified mail or overnight delivery service to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depositories now being Depository Trust Company of New York:, New York, Midwest Securities Trust Company of Chicago, III inois, Paci fic Securities Depository Trust Company of San Francisco, California and Philadelphia Depository Trust Company of Philadelphia, Pennsylvania) and to one or more national information services that disseminate notices of redemption of obligations such as the Bonds (such as Financial Informaticn, Inc. 's Daily Called Bond Service, Interactive Data Corporation's Bond Service, Kenny Information Service's Called Bond Service, Moody's Municipal and Govern- ment News Report, and Standard and Poor's Called Bond Record) . (3) Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. The notices required to be given by this Section 8.02 shall state that no representation is made as to correctness or accuracy of the CUSIF nU~Jers listed in such notice or printed on the Bonds. SECTION 8,03. B.Q.nd~_d.f~ill1Lt ion Fund. The Trustee is hereby authorized dnd directed to establish for the Bonds a Bond Redemp- tion Fund into which snaIl be deposited certain moneys as provided in the Indenture. The Bond Redemption Fund shall constitute an irrevocable trust fund to be applied solely as set forth in the Indenture and shall be held by the Trustee separate and apart from all other Funds and Accounts held under the Indenture and from all other moneys of the Trustee. The Trustee shall establish within the Bond Redemption Fund a Prepayment Account, which account shall be separate and apart from all other Funds and Accounts established under the Indenture and from all other moneys of the Trustee. All earnings on investments held in the Bond Redemption Fund or the Prepayment Account, as the case may be, shall be retained therein - 45 - GTH\HAKRiS\lS784,Ql\12/26/96 ~~l"""'''>''~-...,..',n"""",S~_L..,,~_._,~___.._. __1'-1!CI'f;_" ~L__",_~. . _.._ . '-. ,,,' ""-":-'.' '... ..' ;~i.'\?~~:::: (,'. -"~,,,,'q.,. ' :~,;SLi'f ? Y~~i~~: '....,".f,',.J,~,1 ~".."J/' ~~f~~:;,;g~ :;,':b\ "l1;'i.t. ~~~~~i:::, .~~~~~-~/;. b:,:.a-{-,:;'::; I ,....,.".,.::.."...s... :lG:~\..'~: . .:t}~~;'~f: ~.".;..,J;. . ~ } ~.;tj,::':i>~~. ,{. f "'-$""''''' '. III <<:,'f/,?;..: ,"'~1:.~. ~ "'{.~ i :li";)"'".f, ~"""'l ">"_1. ~ti~;~;'~~f '-J:-.ti~{~t 41tf !{;;;.:i}~:~;~ it~~. ~~" ' li'~': t ~r$;l;j!~ ~.~::;f'~$'{! n~.;' ~~ti!i i,:~;~ >~ j,;,~.;r~(,~ 7FW.i1t~. '~~~"';"':';~i:~::' .~';t'; l"~~~?::1_l ;~: 1 '!l;t{;'.~~,{~~:J~ .' ~'J/~,:.~~j ~,;;;:~.~-:..t I"~";~ ,;~ ~!!:.l ~: .; ~~"':t :,#~t. Iil~ '~~,~.>'~J..d:", ~ f~~ :,;.... :';"1~"~-~ '~,~~I ':'~~-:\:1' ~:1/;~~~:~.'&~. .~....;r~:,.: ..t"L"1 ,=" ~'~("'''t:~!~ f~~rYi~~;,,-~:~. ""'" r ..'f, ;l~;~~) f'1~ '~.~~:'...:,,:.tJ, ': - .t~''''~I'~~~J.t~~'' ~:~~ ..~.!~> ~'~~~fi ~ii~f~ ~ -..._......'~. r.':>..~'i 1 6G 3 and applied as set forth below. The Issuer shall at the time of deposit of moneys specify which moneys are to be deposited into the Revenue Fund, which in the Bond Redemption Fund and which in the Prepayment Account. Except fer moneys deposited following the payment in full of Special Assessments on any portion of the District Lands within thirty (30) days aftey the completion of the Project oy from moneys deposited following the payrnent in full or in part of Special Assessments on any portion of the District Lands as a result of any prepayment of Special Assesssments at any time subsequent to thirty (30) days after the completion of the Project in accordance with the provisions of Section 9.08 which moneys shall be deposited in accordance with THIRD, below, moneys in the Bond Redemption Fund (including all earnings on investments held in the Bond Redemption Fund) shall be accumulated therein to be used in the following order of priority, to the extent that the need therefor arises: FIRST, to be paid into the Principal Account, Interest Account or the Sinking Fu:"d Account, as the case may be, in the same manner as provided by Section 6.03 hereof, to the extent that a deficiency exists therein; provided, however, that moneys in the Bond Redemption Fund consisting of excess Bond proceeds transferred from the Construction Fund to the Bond Redemption Fund and any investment earnings thereon shall not be applied for this purpose; SECOND, to make such deposits into the Rebate Fund as the Issuer may direct in accordance with the arbitrage rebate agreement, if any, such moneys thereupon to be used solely for the purposes specified in any such arbitrage rebate agreement. Any moneys so transferred from the Bond Redemption Fund to the Rebate Fund shall thereupon be free from the lien and pledge of the Indenture; THIRD, to make deposits into the Prepayment Account to .:a11 for redemption pursuant to clallse (b) of Sectio:1 8.01 hereof with respect to the Bonds an amo~nt of such Bonds equal to the a~ount of money transferred to the Prepayment Account, for the purpose of such mandatory redemption on the dates and at the prices provided in such clause; and FOURTH, the remainder, if any, to be utilized by the Trustee, at the direction of a Responsible Officer, to call for redemption on each Interest Payment: Date on which Bonds are subject to optional redemption pursuant to Section 8.01(a) hereof with respect to the Bonds such amount of Bonds as, with the redemption premium, may be practicable; provided, however, that not less than Five Thousand Dollars ($5,000) principal amount of Bonds shall be called for redemption at one time. - 46 - GTH\HARR IS\ 1578,:,01',]'2 12S/;S :~, :'?;~~: ~t }!::<>\!}~':. ~~. ;/~: :':'\?;-'~:':~>::;:,~,:/'\.' :::<.,:>. "'~ .~<:..'>,: '.J; ~~::';; _./'~,: <'/~'~'..'.." ~;.~: : ,>.. 'f . \ ." ~ I . . .".... :.>~ ~',~: . J _,' ., -4 a ."": 7' "'11 r......R 'ifill " ~~{~~A1~>,; '. :({t:~.-,.!~t - ''''IC'''''''i.l'}t .' -),\." po ,'d',,~: ':!f' ;)j~~1.]J~: :\<~<;~~i!\~,~j , !l!}~~l "ti'-.'h::" i~Jlf !'),J.:'.Ii. J.t::,(y> ~W~<.>1-g", : r';~ i c.} :f.~~J?~lr ~.:! '"(,." ,'" .I'," lf~!t 'J':"~"t(. !i; :;~ 'tf:~.~ flt1 ,..",.",J". ~xi~}~ };),INY' :1'it::.l1t 'J:;?~~,..~,J.~' ~tfi~1 jO' 't,l '~i~;~ -;, :..};,~~:r'; ~'.... :':':t:" '.;,.';",~,'i:' ;:,~' ;'::'..,:::,' :-::'~'::":,',".::':.:,:::..:;.': 1.;.,:. : i,.,..:: " ~\: "<-" ":.'::;:' ',>,:';':'. ~ ~ ,<' .:. . ~ f -' , ." I ' \ " : . <, ,,"1:.... , f... '. . 1 bll 3 SECTION 8.04. Paym~nt of Redemption Pric~. If any required (a) unconditional notice of redemption has been duly mailed or waived by the Owners of all Bonds called for redemption or (b) conditional notice of redemption has been so mailed or waived and the redemption moneys have been duly deposited with the Trustee or Paying Agent, then in either case, the Bonds called for redemption shall be payable on the redemption date at the applicable Redemption Price plus accrued interest, if any, to the redemption date. Bonds so called for redemption, for which moneys have been duly deposited with the Trustee, will cease to bear interest on the specified redemption date, shall no longer be secured by the Indenture and shall not be deemed to be Outstanding under the provisions of the Indenture. Payment of the Redemption Price, together with accrued interest, shall be made by the Trustee or Paying Agent to or upon the order of the Owners of the Bonds called for redemption upon surrender of such Bonds. The Redemption Price of the Bonds to be redeemed, the expenses of giving notice and any other expenses of redemption, shall be paid out of the Fund from which redemption is to be made or by the Issuer. (END OF P~TICLE VIII] GTH\f~RIS\15784,Ol\12/26/96 - 47 - '\.....~.~'--~..._~---~._.--.1Ji1lll:l- ........,..2~--_""I'tuIl .~--~. ~--...I 1 6G 3 ARTICLE IX COVENANTS OF THE ISSUER SECTION 9,01, Power to Issue Bonds and Create Lien, The Issuer is duly authorized under the Act and all applicable laws of the State to issue the Bonds, to adopt and execute the Indenture and to pledge the Pledged Revenues for the benefit of the Bonds. The Pledged Revenues are not and shall not be subject to any other lien senior to or on a parity with the lien created in favor of the Bonds, The Bonds and the provisions of the Indenture are and will be valid and legally enforceable obligations of the Issuer in accordance with their respective terms. The Issuer shall, at all times, to the extent permitted by law, defend, preserve and protect the pledge created by the Indenture and all the rights of the Bondholders under the Indenture against all claims and demands of all other Persons whomsoever. SECTION 9,02. ~yment of Principal and Interest on Bond~. The payment of tr.2 principal or Redemption Price of and interest on all of the Bands issued hereunder shall be secured forthwith equally and ratably by a first lien ~n and pledge of the Pledged Revenues; and Pledged Revenues in an amount sufficient to pay the principal or Redemption Price of and interest on the Bonds authorized by the Indenture are hereby irrevocably pledged to the payment of the principal or Redemption Price of and interest on the Bonds authorized under the Indenture, as the same become due and payable. The Issuer shall promptly pay the interest on and the principal or Redemption Price of every Bond issued hereunder according to the terms thereaf, but shall be required to make such payment only out of the Pledged Revenues, The Issuer shall appoint one or more Paying Agents for such purpose, each such agent to be a bank and trust company or a trust company or a national banking association having trust powers. THE BONDS AUTHORIZED UNDER THE INDENTURE AND THE OBLIGATION EVIDENCED THEREBY SHALL NOT CONSTITUTE A LIEN UPON ANY PROPERTY OF THE ISSUER, INCLUDING, lr'iITHOUT LHlITATION, THE PROJECT OR ANY PORTION THEREOF IN RESPECT OF WHICH ANY SUCH BONDS ARE BEING ISSUED, OR N~Y PART THEREOF, BUT SHALL CONSTITUTE A LIEN ONLY ON THE PLEDGED REVENUES AS SET FORTH IN THE INDENT1..JRE. NOTHING IN THE BONDS Al;THORI ZED UNDER THE INDENTURE OR IN THE INDENTURE SHJ'\.LL BE CONSTRUED AS OBLIGATING THE ISSUER TO PAY THE BONDS OR THE REDEMPTION PRICE THEREOF OR THE INTEREST THEREON EXCEPT FROM THE PLEDGED REV::::NUES, OR 'P<.S PLEDGING THE FAITH AND CREDIT OF THE ISSUER, THE COU1JTY OR. THE STATE OR ANY POLITICl>.L SUBDIVISION THEREOF, OR AS OBLIGATING THE ISSUER, THE COUNTY OR THE STATE OR A..'iY OF ITS POLITICAL SUBDIVISIONS, DIRECTLY OR INDIRECTLY OR CONTINGENTLY, TO LEVY OR TO PLEDGE A..W FORM OF TAXATION OR ADDITIONAL NON ADVALOREM SPECIAL ASSESSMENTS WHATEVER THEREFOR. - 48 - GT~\HARRjS\15784,Oi\12126/96 ~.,._.,,,,,,,,,,,,.,-~~...~-,,,'ltJ,_~__I'l'_..__ .--~ll_~~~~__ 1 6G 3 SECTION 9.03. SDecial Asse~sments: Re-Assessments. (a) The Issuer shall levy Special Assessments, and evidence and certify the same to the Tax Collector or shall take all necessary action legally available to certify the non-ad valorem Special Assessments roll to the Tax Collector for collection by the Tax Collector and enforcement by the Tax Collector or the Issuer pursuant to the Act, Chapter 170 or Chapter 197, Florida Statutes, or any successor statutes, as applicable, and Section 9.04 hereof, to the extent and in at least an amount sufficient to pay Debt Service Requirements on all Outstanding Bends, (b) If any Special Assessment shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Issuer shall be satisfied that any such Special Assess- ment is so irregular or defective that the same cannot be enforced or collected, or if the I ssuer shall have omitted to make such Special Assessment when it might have done so, the Issuer shall either (i) take all necessary steps to cause a new Special Assess- ment to be made for the whole or any part of said improvement or against any property benefitted by said improvement, or (il) in its sole discretion, make up the amount of such Special Assessment from legally available moneys, which moneys shall be deposited into the Revenue Fund, In case such second Special Assessment shall be annulled, the Issuer shall obtain and make other Special Assess- ments until a valid Special Assessment shall be made. SECTION 9,04. Mtl.bod of Collect ion. Special Assessments shall be collected by or for the Issuer in accordance with the provisions of the Act and Chapter 170 or Chapter 197, Florida Statutes, or any successor statutes thereto, as applicable, in accordance with the terms of this Section. The Issuer shall use its best efforts to adopt the uniform method for the levy, collection a.nd enforcement of Special Assessments afforded by Sections 197.3631, 197,3632 and 197.3635, Florida Statutes, or any Sllccessor statutes thereto, as soon as practicable, or a comparable alternative method afforded by the Act or Section 197.3631, Florida Statu~es. The Issuer shall use its best efforts to enter into one or more written agreements with the Property Appraiser and the Tax Collector, either individually or jointly (together, the "Property Appraiser and Tax Collector Agreement") in order to effectuate the provisions of this Sectiorl. The Issuer shall use its best efforts to ensure that any such Property Appraiser and Tax Collector Agreement remains in effect for at least as long as the final maturity of Bonds Outstanding under the Indenture. To the extent that the Issuer is not able to effect the collection or Special Assessments pursuant to the "uniform tax collection" method under Chapter 197, Florida Statutes, the Issuer may elect to collect and enforce Special Assessments pursuant to any available method under the Act 1 Chapter 1701 Florida Statutes, or Chapter 197 I Florida Statutes, or any successor statutes thereto. The election to collect and enforce Special Assessments in any year pursuant to any - 49 - GTH\HARRIS\lSi'B<1,Ol\12I2G/% ,~.- ~ :,.:~,.,y..,'J. :.:", .:' ~ . t lo,' .. ."':' ~ . .,.. Mil~ ~;~. r:l: ~ ~i. .d~oA' ~ { >~~~I If:""t(~~""')~.. 1111 '1~:;,.~-jf~f ;:;l,~Jf,.\I"'';; ~;t~if;~~ II~ ~_to:o1 ~ ~:r'~i' ::<~(:f;~,'~:;:f ~F:,t"':-'.;!j~~; ~i;};."l}'i: ~ (-,j.rj. '~'. ~.~~ j~J~~ ",..t~....(...,.., '-'", till '1:ff~~.~~'\ :~!..: -,}~:t:~:: ~"?"'..~:~~I_~ ~:/L'~.~}i .t.~<.ll.'-l";': ~~~.tYf:tt~ ,,\,. '""',:1 .' ~ i.~- ". ""l~~ ; ~~11{~ 1 6G 3 one method shall not, to the extent permitted by law, preclude the Issuer [rom electing to collect and enforce Special Assessments pursuant to any other method permitted by law in any subsequent year. SECTION 9.05. D~Q],.lent Special AssessmeIl.tJi. Subj ect to the provisions of Section 9.04 hereof, if the owner of any lot or par- cel of land assessed for the Project shall be delinquent in the payment of any Special Assessment, then such Special Assessment shall be enforced pursuant to the provisions of Chapter 197 I Florida Statutes, or any successor statute thereto, including but not limited to the sale of tax certificates and tax deed as regards such delinquent Special Assessment. In the event the provisions of Chapter 197, Florida Statutes, and any provisions of the Act with respect to such sale are inapplicable by operation of law or by election of the District, then upon the delinquency of any Special Assessment the Issuer shall, to the extent permitted by law, utilize any other method of enforcement as provided by Section 9.04 hereof, including, without limitation, declaring the entire unpaid balance of such Special Assessment to be in default. and, at its own expense, cause such delinquent property to be foreclosed, pursuant to the provisions of Section 170.10, Florida Statutes, in the same method now or hereafter provided by law for the foreclosure of mortgages on real estate, or pursuant to the provisions of Chapter 173, Florida Statutes, and Sections 190.026 and 170.10, Florida Statutes, or otherwise as provided by law. SECTION 9,06. ~e of Tax Certificat~s and Issuance-9~~ ~ds; fQIeclosur~ Special Assessment Liena. If the Special Assessments levied and cullected under the Act or the uniform method described in Section 9.04 are delinquent, then the applicable procedures for issuance and sale of tax certificates and tax deeds for nonpayment shall be followed in accordance .....ith Chapter 197, Florida Statutes and related statutes. Alternatively, if the uniform method of collection is not utilized, and if any property shall be offered for sale fo!: the nonpayment of any Special Assessment, and no person or persons shall purchase the same for an amount at least equal to the full amount due on the Special Assessment (principal, interest, penalties and costs, plus attorneys fees, if any), the property may then be purchased by the Issuer for ar. amount equal to the balance due on the Special Assessment (principal, interest, penalties and costs, plus attorneys fees, if any), and the Issuer shall thereupon receive in its corporate name the title to the property for the benefit of the :Kegistered Owners, The Issuer, either through its own actions or actions caused to be done through the Trustee, shall have the power and shall use its best efforts to lease or sell such property and deposit all of the net proceeds of any such lease or sale into the Revenue Fund. Not less than ten (10) days prior to the filing of any foreclosure action or any sale of tax deed as herein provided, the Issuer shall cause written notice thereof to be mailed to the - 50 - GTH\HAKRrS\lS784,Ol\12/26/96 'J( ...... ,j :~:;... . : ~::.... ?// ~.l ;,: ..-t. .~.: ... J ~)( ~..::"~'< ,.1 ". " I ,.~,; ~::'!;-~';,J'~~~" .~;; ,.. J. ~ '.: ~t~. ~j"'" ,. :1: <r ~ :'.lJ., ~ ~, ,'; t ~, .' .r~ !~..: /~ . '. ~. ; ~.k I:: . ,,:'''' ,,;:"~,'..,~.:: ..''',t.1;",1 ~ I" ~,\} .."; t~~I .r ~i~t~:r~~ .'( ,'/,,;, > .' !' ~:.~~j,11 ,~ . iii~f{: \(i~~~ ,~;~" }1~l.;: :'..: ..; :!~~... ~;~~~}~~~;'/: ~,.:;( ;\.;,; -h'~~,~""i~(, .~ ~= _'5~t.,..; .-''J 1.:(,.,1' 1 ... .... ,:.,~: (..'..l~; r;~~{ ~;rL !.-:~:{~~'~:~~ ...."'->,.l"" 4.'~~ ill '~f. :-:~~t'.f:~~ '. ;~l'i~t:{t ,';1 ;;~',. r ,tf. .~~'(~:r~t~.~ :(" ~,,">'li-:, ,\';:~:r,/$ t.:i,\.~I;)~1f !i{f1t~ j~'" ~.,~ ~l~i~ ,:~.:...~-t'7(!~ -. .._,_._- .-..-..-.--. --.'.---.------- ._-~--_._._~ 1 6G 3 Registered Owners. Not less than thirty (30) days prior to the proposed sale of aDY lot or tract of land acquired by foreclosure by the Issuer, it shall give written notice thereof to such Registered Owners. The Issuer, either through its own actions or actions caused to be done through the Trustee, agrees that it shall be required to take the measure provided by law for sale of property acquired by it as trustee for the Registered Owners within thirty (30) days after the receipt of the request therefor signed by the Registered Owners of twenty-five percent (25%) of the aggregate principal amount of all Outstanding Bonds payable from Special Assessments assessed on such property. SECTION 9,07. B.Q~s and Records with Res:Dect to S~ial As~es~. In addition to the books and records required to be kept by the Issuer pursuant to the provisions of Section 9.17 hereof, the Issuer shall keep books and records for the collection of the Special Assessments on the District Lands, which such books, records and accounts shall be kept separate and apart from all other books, records and accounts of the Issuer. The District Manager or the District Manager's designee, at the end of each Fiscal Year, shall, upon written request of the Owners of at least 25% of the Bonds then Outstanding, or the Trustee, use its best efforts to prepare a written report setting forth the collections received, the number and amount of delinquencies, the proceedings taken to enforce collections and cure delinquencies and an estimate of time for the conclusion of such legal proceedings. A signed copy of such audit shall be furnished to the Trustee (solely as a repository of such information) as soon as practicable after such audit shall become available and shall, upon written request, be mailed to any Registered Owner. SECTION 9,08. l~oval of Special Asse_~~. (a) At any time from the date of levy of Special Assessments on a parcel of District Lands through the date that is thirty (30) days after the Project has been completed and the Board of Supervisors of the Issuer has adopted a resolution accepting such Project as provided by Section 170.09, Florida Statutes, as amended, any owner of property subject to tIle Special Assessments may, at its option, require the Issuer to release and extinguish the lien upon its property by virtue of the levy of the Special Assessments that relate to the Bonds by paying to the Issuer the entire amount of such Special Assessment on such property, without interest. (b) At any time subsequent to thirty (30) days after the Project has been Issuer hcts adopted a by Section 170.09, property subject to require the Issuer completed and the Board of Supervisors of the resolution accepting such Project as provided Flor ida Statutes, as amended: any owner of the Special Assessments may, at its option, to release and extinguish the lien upon a - 51 - GTH\HARRIS\l5784 01\12/7.6/96 o,_","\.- ,.f ~... .-~~. . ',.>\ J:r~>.:~',~~ ~.;':'!~');..~.~.;..'''~:~ :'.. .~-- ._-.~- -:.....~'~';r,..:..;:.".-.:-':~-.<t.:.:.:'~..;' i,: 'I:,"':,.~ :''\''' .......:~ '..;~...... .' :~ ..,\~ '.~~ .', l~ .....:,,;.. :~'> II-!' \'.....~ J: "fI'~"-J:"":""'''~':.~''','lrt'.~'':~'. ~ },.';.... .." ,,~'. ~ ::...~.~;:....~.:.:~~.'~:~~ ,;;>~,,~':::/' '..'J," _R~"IM:.--""'- 1 6G 3 subdivided parcel of property by virtue of the levy of the Special Assessments by paying to the Issuer the entire amount of the Special Assessment, plus accrued interest (based on the true interest cost on the Bonds) to the next succeeding Interest Payment Da,te (or the second succeeding Interest Payment Date if such prepayment is made within forty (40) calendar days before an Ir.terest Payment Date), attributable to said subdivi.ded parcel of property subject to Special Assessment owned by such owner. Such propeyty owner may, under the same terms and time restrictions of this Section (b), pay a portion of the Special Assessment plus accrued interest to the next Interest Payment Date; however, such option is exercisable only once per subdivided parcel. (c) Upon receipt of a prepayment as described in (a) or (b) above, the Issuer shall immediately pay the amount so received to the Trustee and notify the Trustee of the source of said moneys, and the Issuer shall take such action as is necessary to record in the official records of the County an affidavit or affidavits, as the case may be, executed by an authorized officer of the Issuer, to the effect that the Special Assessment, or a portion thereof, has been paid and that such Special Assessment lien, or portion thereof, is thereby released and extinguished. Upon receipt of any such moneys from the Issuer the Trustee shall immediately deposit the same into the Prepayment Account of the Bond Redemption Fund to be applied to the redemption of Bonds in accordance with the provisions of Article VIII hereof. SECTION 9.09, CQm~letion or Projec~. The Issuer shall forth- with proceed to complete the Project with all due diligence and in accordance with plans and specifications which shall have been approved by the Consulting Engineer and shall be in conformity with law and all requirements of all Regulatory Bodies having juris- diction thereover. The Issuer shall, before entering into any contract or incur- ring any obligation which will become a charge against the Con- struction Fund, secure the approval of the Consulting Engineer of such contract or the incurring of such obligation and or the plans and speciLicCitions referred to in any such contract and shall require each person, firm or corporation with whom it may contract for labor or materials in connection with the construction of the Project before such person, firm or corporation commences said work (i) ~o execute a payment and performance bond with a surety autho- rized to do business in the State in the full amount of any con- tract exceeding One Hundred Thousand Dollars 1$100,000l, whic~ pay- ment and performance bond shall be in substantially the form set forth in Section 255.05, ElQrida ~atutes, and shall otherwise be in accordance wi th such Sect ion; and (ii) to obtain and carry worker's compensation or employers' liability insurance as may be required by law and public liability and property damage insurance, including provisions to indemnify and save the Issuer harmless, and - 52 - GTH\HARRIS\15784,Ql\12/26/95 ~..I- AI\.~~.~..,..,......",...,. _ ~ -.....~~~~~WJf~-~:;)'01....:'lI"~n~__ --~._._._- -- ---~-- I ..,~, ~ ", ~:. ,v t " ~:.- ".";.';j.O_;',.,:<,(: .;".;..i>~':,:.~',':"'~:, ',' :..': "; '-:< .; ,.':: :: ..'.','.. ,';"'., ',":". '."...., .' ~ . . ... III .. . , '. >, :.... ..... ... f . ~'. ; 1 6G 3 builders' risk insurance. In the event of any default under any such contract, the proceeds of such payment and performance bond shall forthwith, upon receipt of such proceeds, be deposited to the credit of the Construction Fund and shall be applied toward the completion of the contract in connection with which such payment and performance bond shall have been furnished. SECTION 9.10. CQnstruction to be on Issuer Lands. The Issuer covenants that no part of the Project will be constructed on, over or under lands other than (i) lands good and marketable title to which is owned or can be acquired by the Issuer or other appropri- ate entity in fee simple, (ii) lands on, over or under which the Issuer or other appropriate entity shall have acquired or can acquire perpetual easements for the purposes of the Project, or (iii) lands, including public streets and highways, the right to the use and occupancy of which for such purposes shall be vested in the Issuer or other appropriate entity by law or by valid fran- chises, licenses, easements or rights of way or other legally effective permissions or approval. SECTION 9.11. Qperation. Use and Maintenance of Project. The Issuer shall establish and enforce reasonable rules and regulations governing the use of the proj ect owned by the Issuer, and the operation thereof, such rules and regulations to be adopted in accordance with the Act, and the Issuer shall operate, use and maintain the Project owned by the Issuer in accordance with the Act and all other applicable federal and State laws, rules and regula- tions; the Issuer shall maintain and operate the Project owned by the Issuer in an efficient and economical manner, shall at all times maintain the same in good repair and in sound operating con- dition and shall make all necessa~J repairs, renewals and replace- ments. The Issuer shall use its best efforts to ensure that any portion of the Project not owned by the Issuer is maintained in good repair and in sound operating condition, and that all necessary repairs, renewals and replacements are made thereto. SECTION 9.12. ~ervance of _and Complian~e wit~Valid EeQ~m~.t~, The Issuer shall pay all municipal or governmental charges lawfully levied or assessed upon the Project or any part thereof or upon any revenues when the same shall become due, and the Issuer shall duly observe and comply with all valid require- ments of any municipal or governmental authority relative to the Project. The Issuer shall not, except as otherwise permitted in Sec:ion 9,24 of this Article, create or suffer to be created any lien or charge upon the Project or upon Pledged Revenues, except the lien and charge of the Bonds on the Pledged Revenues, SECTION 9,13. Pavmen.Lof Operating or Maintp.nance Costs ~ S.t.a!~~__,or O~r..2. The Issuer may permit the United States of America, the State, or any of their agencies, departments or poli- tical subdivisions to pay all or any part of the cost of maintain- - 53 - GTH\HARRIS\1578d,Ol\12/26/96 .'_A~ ~--- r~'~""""""m-"-~- ~ J --.. ------'....- -- l' ,-- --.-- --- -- 1 6G 3 ing, repairing and operating the Project out of funds other than Pledged Revenues, SECTION 9.14. Public Liability and Property Damage ~-ance; ~~~e of Insurance; Use of Insurance and Condemnation Eroceeds. (a) Except as otherwise provided in subsection (dl of this Section, the Issuer will carry or cause to be carried, in respect of the portions of Project owned or operated by the Issuer, comprehensive general liability insurance (covering bodily injury and property damage) issued by one or more insurance companies author i zed and qual i f ied to do business under the laws of. the State, in an amount sufficient to insure the Issuer against claims for which, pursuant to Florida law, soverign immuni t1' has been waived, (b) At all times, the Issuer shall maintain a prac- tical insurance program, with reasonable terms, conditions, pro- visions and costs which the District Manager determines will afford adequate protection against loss caused by damage to or destruction of the portions of the Project owned or operated by the Issuer. Limits for such coverage will be subject to the Consulting Engineer's recommendations which are to be provided in an annual report, as required by Section 9.21 hereof, establishing value. The Issuer shall also, at all times, maintain a practical comprehensive general liability insurance program with respect to the portions of the Project owned or operated by the Issuer with such reasonable terms, conditions, provision~ and costs as the District Ma.nager determines will afford adequate protection against bodily injury and property damage. All insurance policies of the Issuer relating to the Project shall be carried with companies authorized to do business in the State, with a Best rating of no less than "A" as to management and Class "V" as to financial strength; provided, however, that if, in the opinion of the District Manager, adequate insurance protection under reasonable terms, conditions, provisions and cost cannot be purchased from an insurance company with the above-designated ratings, then the District Manager, on behalf of the Issuer, may secure such insurance protection as the Issuer determines to be in ics best interests and otherwise consistent with the Indenture; prav ided furthe:::: I however, that the Issuer may act as a sel f- insurer in accordance wi th the requirements of subsect ion (d) hereof, All policies providing the insurance coverages required by this Section shall designate the Issuer and the Trustee as the loss-payees and shail be made payable to the Issuer and the Trustee. (c) All proceeds received from property damage or des~ruction insurance required hereunder and all proceeds received - 54 - GTH\~\RRIS\15784,Ol\12/25/96 -..,.---- - ~ ~~ :1': > I ~ ~ ... 1 6G 3 by the Issuer from the condemnation of the Project or any part thereof are hereby pledged by the Issuer as security for the Bonds and shall be deposited at the option of the Issuer, but subject to the limitations hereinafter described, either (i) into a separate fund to be established by the Trustee for such purpose, and used to remedy the loss, damage or taking for which such proceeds are received, either by repairing the damaged property or replacing the destroyed or taken property, as soon as practicable after the receipt ef such proceeds, or (ii) into the Bend Redemption Fund for the purpose of purchasing or redeeming Bonds according to the pro- visions set forth in Article VIII hereof. The Issuer shall not be entitled to deposit insurance proceeds or condemnation awards into the separate fund described above in clause (i) of this paragraph (and such proceeds and awards shall be deposited directly into the Bond Redemption Fund pursuant to clause (ii) of this paragraph) unless there shall have been filed with the Issuer within a reason- able time after the damage, destruction or condemnation (A) a cer- tificate from the Consulting Engineer that the proceeds of the insurance or condemnation awards deposited into such separate fund, together with other funds available for such purposes, will be suf- ficient to repair, rebuild, replace or restore such property to substantially the same condition as it was in prior to its damage, destruction or condemnation (taking into consideration any changes, alterations and modifications that the Issuer may desire) / (B) an opinion from the Consulting Engineer that the Project can be repaired, rebuilt, replaced or restored within two (2) years fol- lowing the damage, destruction or condemnation thereof and (C) an opinion of the Consulting Engineer that, in each of the three (3) Fiscal Years following completion of such repair, rebuilding, replacement or restoration, the Issuer will be in compliance with its obligations hereunder. If the certificate described in clause (A) of this paragraph is not rendered because such proceeds or awards are insufficient for such purposes, the Issuer may deposit any other lega lly a'J'ai lable funds in such separate fund in an amount required to enable the Consulting Engineer to render its certificate. If: the insurance proceeds or condemnation awards deposited in such separate fund are more than sufficient to repair the damaged property or to replace the destroyed or taken property, the balance thereof remaining shall be deposited to the credit of the Prepayment Account in the Bond Redemption Fund. (d) The Issuer shall be entitled to provide all or a portion of the insurance coverage required by subsections (a) and (b) of this Section through Qualified Self Insurance, provided that the requirements hereinafter set forth in this subsection (d) are satisfi.ed, "Qualified Self Insurancell means insurance maintained through a program of self insurance or insurance maintained with a company or association in which the Issuer has a material interest or of which the Issuer has control, either singly or with others. - 55 - GTH\f~RJS\15784,Ol\12/26/96 .~. .t ;1:_. ''''. . ....;. ~" ;". .......:....-,.--., t, ;.",. ". ' . ~. ~.~, ~ .. " 'j ,,", , . .' , ,"" ~ .:: '.':" . . ,. ..., . ;~:~~:;:r: 1::: ;\)':, ,: .11. ; ;f.!.~~" ': "-\',,1' ;~~)v::~ kA:i~:';~~~1: ;\)>' ',:.; :~, ,:';;',\',' ..;:,:.' '1 ". -.. ',~ .'t~ '-.::? '.;:_:H: . "".,i' . ... ~ : ~,""" 1 6G 3 .~<~,<~. Prior to participation in any plan of Qualified Self Insurance not currently in effect, the Issuer shall deliver to the Trustee (i) a copy of the proposed plan, and (ii) from the District Man- ager, an evaluation of the p,:oposed plan together with an opinion to the effect that (A) the proposed Qualified Self Insurance plan will provide the coverage required by subsections (a) and (b) of this Section, and (8) the proposed Qualified Self Insurance plan provides for the creation of actuarially sound reserves, . '.~: '~;~." L,:'~t~t 'h';', i'. j ::'~f~>~':~ ,,' ~ ',"~'Wi<' " .; 1'" : ~~.j:~ .'..... #' Each plan of Qualified Self Insurance shall be in written form, ohall provide that upon the termination of ouch p14n rooorvoo will be established or insurance acquired in amounts adequate to f':r,'fJ'r( :.11,,/ V," ,"mY' 1.,.11 (J'tr." ~ r,IV' 11 ahn ~"'/ ~ n rl'tt'$pl"("I!" f",f t hI" p" d fYf 6{ SE:l.t ~~,SU:ra~,CE:, &.f,Q. S'r,al.!L 1ft:: I:~'I!.:E:'~ &.'fL'fJ.'I!.&.1...1....j b'J lt~~ tb.1...~...d,..-e.. Manager or registered actuary who shall deliver to the Issuer a report on the adequacy of the reserves established thereunder in light of claims made. :i:f the District t-1anager or registered actuary determines that such reserves are inadequate in light of the claims made, he shall make recommendations as to the amount of reserves that should be established and maintained, and the Issuer shall comply with such recommendations unless it can establish to the satisfaction of the Trustee that such recommendations are unreasonable in light of the nature of the claims or the history of recovery against the Issuer for similar claims. A copy of each Qualified Self Insurance plan and of each annual report thereon shall be delivered to the Trustee. .. ..~~ i _ ,'" , ",,#.. .. . _ :~ '......', . 1::J' \::~:,Air~~ t' .~..., 1 t;t-.. . . .-'~(~~.\1~~; ;:' :\;:',':"I.fl ;; ,,:~:':'1~~~ :.. ;/".-)~\( ~/'." \~t"?1~~~ .. ,>~}~.iJj.( t.~:t~~;;~: '''l;~r 't~I\~\~ ;' ~'1~ ;, :~~f :":,>J)j, ,'''' 'I" ,{,,': .;;i~~~ , '.....,~ f';?~;~ "', /l:~'''-J / ',-;: .-t~.~ :(~-~.t ';"" ''''IV* (el Copies of all recommendations and approvals made by the Consulting Engineer under the provisions of this Section shall be filed with the District Manager and the Trustee. wi thin the first six (6) months of each Fiscal Year the District Manager shall file with the Trustee a complete report of the status of the insurance coverages relating to the Project, such report to include, without being limited thereto, a schedule of all insurance pol ic ieg required by the Indenture which are then in effect, stating with respect to each policy the name of the insurer, the amount, number and expiration date, and the hazards and the risks covered thereby. Any such report of the District Manager may be relied upon by the Trustee as conclusive. SECTIQN 9.15. CQ~~~nce Proceeds. Copies of all insurance policies referred to in Section 9.14 of this Article shall be available at the offices of the Issuer at all reasonable tirr.es to the inspection of the Holders of $500,000 or more in aggregate principal amount of Bonds and their agents and representatives duly authorized in writing. The Issuer covenants tha tit wi 11 take such action as may be necessary to demand, collect and sue for any insurance money which may become due and payable under any policy of insurance required under the Indenture, whether such policy is payable to the Issuer or to the Trustee. - 56 - GTH\HARRIS\15784,Ol\12/26/96 ; , '~''"c. I~! ~ ~. fl~: !t.:)~:~,~ ~~_ t~~} '%t:~?:~; ~l~~ ~~~1~~1:: ~~I ..:,:~t;.."~.~.~ :r~-.~ 'A4,;~j ~jl~ tl\ll~;;"~/..t., ~ ...,~~:..,,; ; !rt'~:~. ':';'r~.:-}~ ,t...,/.....y. ;; ).,:';',,' .:.,,;"';~=' -:'\.~ .','.I'r.", ~f.I;',''''R..;t ,P!II',..., '., :~;f,;:~~~ '~.'l.,J' . " ~.~;;...t?; ~~,;~,:f'~ :J:i{t~?i ,-t.Y/J}SI: '.,.:.;.!:'; """';l';~" ~ ~\Jt:;.i' ,.' .....A'. 't; f~ft ~ ,i~~~J.tf~ \}.\t~~ r.~"~ ~.~~' .~}[~& {}S::~~11 ~.~::I:~ 'G:::/'(f':~~' ."f' ':o#;';~".':<l ,:~.::; \::~i.~:r ~:' ~ ,,~: t.'; ~ :::: ~>~>(t. ~ ~. " t '< . .>:, j., ,... '...' .,:,.,' (, ", \ :. c r. l~. .1 _. ,{ ,,- ,-, ..... .M .. f; ~.. -'~ 1 6G 3 The Trustee 1S hereby authorized in its own name to demand, collect, sue and receive ~ny insurance money which may become due and payable under any policies payable to it. Any appraisal or adjustment of any loss or damage under any pol icy of insurance required under the Indenture, whether such pol icy is payable to the Issuer or to the Trustee, and any settlement or payment of indemnity under any such policy which may be ag~eed upon by the Issuer and any insurer shall be evidenced by a certificate, signed by the District Manager approved by the Consulting Engin~er, and filed with the Trustee. The Trustee shall in no way be liable or responsible for the collection of insurance moneys in case of any loss or damage. SECTION 9,16. Use of Revenues for Authorized Purposes Only. None of the Pledged Revenues shall be used for any purpose other than as provided in this Indenture and no contract or contracts shall be entered into or any action taken by the Trustee which will be inconsistent with the provisions of this Indenture. SECTION 9,17. BQQks. Records and Ann~~l Reports. The Issuer shall keep proper books of record and account in accordance with Generally Accepted Accounting Principles in which complete and correct entries shall be made of its transactions relating to the Project, and which, together with all other books and records of the Issuer, including, wi thout limitation, insurance pol icies, relat ing to the proj ect, shall at all times be subj ect during regular business hours to the inspection of the Trustee. The I ssuer shall annually, in accordance with Florida law, file with the Trustee, any rating agency that shall have then in effect a ratir:g on any of the Bonds, any Bondholder that shall have I in WI' i t ing, requested a copy thereof, and otherwi 5e as provided by law, a copy of an annual report for such year, prepared in accordance wlth Generally Accepted Accounting Principles by a Certified Public Accou~tant. The Issuer shall file with the Trustee annually within 180 days after the close of each Fiscal Year a certificate of a Responsible Officer setting forth (i) a description in reasonable detail of the insurance then in effect pursua:1t to the requirements of Section 9,14 hereof and that the Issuer has complied in all respfOcts with such requirements, (iil whether during such year any material part of the Project has been damaged or destroyed and, if so, the amount of insurance proceeds covering such loss or damage and specifying the Issuer's reasonable and necessary replacement costs, and (iii) whether or not to the knowledge of the signed, the Issuer is in default with respect to any of the covenants, agreements or conditions on its part contained in this Indenture, and if so, the nature of such default. - 57 - GTH\HARRIS\15784,Ql\12/26/96 ~---,---------...------_..__._---_._._._-- ---.....------.-----------.---------.........- 1 6G 3 The report, statements and other documents required to be furnished by the Issuer to the Trustee pursuant to any provisions of the Indenture shall be available for the inspection of Bondholders at the office of the Trustee. SECTION 9.18. ~.rva~f Accounting Standards. The Issuer covenants that all the accounts and records of the Issuer relating to the Project will be kept according to Generally Accepted Accounting Principles consistently applied and consistent with the provisions of the Indenture. SECTION 9.19. Emplo~ent of Certified Public Accountant. The Issuer shall employ or cause to be employed as required a Certified Public Accountant to perform accounting and auditing functions and duties required by the Act and the Indenture. SECTION 9.20. Establishment of Fiscal Year. Annual Budget. The Issuer has established a Fiscal Year beginning October 1 of each year and ending September 30 of the following year. The reports and budget of the Issuer shall relate to such Fiscal Year. On or before the first day of each Fiscal Year the Issuer shall adopt a final AIlnual Budget with respect to the Project for such Fiscal Year for the payment of anticipated operating and maintenance expenses and shall supply a copy of such budget promptly upon the approval thereof to the Trustee and to any Bondholders who shall have so requested in writing and shall have filed their names and addresses with the Secretary of the Board for such purpose. If for any ~eason the Issuer shall not have adopted the Annual Budget wi th respect to the proj ect on or before the first day of any Fiscal Year, the Annual Budget for the preceding Fiscal Year sbaJ.l, until the adoption of the new Annual Budget I be deemed in force for the ensuing Fiscal Year. The Issuer may at any time adopt an amended or supplemental Annual Budget for the remainder of the current Fiscal Year, and when such amended or supplernental Annual B'J.dget is approved it shall be treated as the official Annual Budget ~ndeY the Indenture. Copies of such amended or supplemental Annual Budget shall be filed with the Trustee and mailed to any Bondholders who shall have so requested in writing and shall have filed their names and addresses with the Secretary oE the Board for such purpose. SECTION 9.21. EillP.~Qf Consulting EnQineer: Consulting E.n.gi..ili;~~~~.QQrt . (a) The Issuer shall, for the purpose of performing and carrying out the duties imposed on the Consulting Engineer by the Indenture, employ one or more Independent engineers or engineering firms or corporations having a favorable repute for skill and experience in such work. - 58 - GTH'.HARRIS\15784,Ql\12/26/96 . . ~'. .... .,' ': '. . r ',: ~ . t f i ;~.. ". . ' if-'~l1Rtr~ll.~llDH1 --'--IRr-r-rr.aF ..... '_1182 ......... -.- -'\001(;. '. /.;':'z,_;,ff,:.; . :." .' -,' )" -: ~.: " 1 6G 3 (b) The Issuer shall cause the Consulting Engineer to make an inspection of the portions of the Project owned or operated by the Issue~ at least once in each Fiscal Year and, on or before the first day of July in each Fiscal Year, to submit to the Board a report setting forth (i) its findings as to whether such portions of the Project owned by the Issuer have been maintained in good repair, working order and condition, and (ii) its recommendations as to the proper maintenance, repair and operation of the Project owned or operated by the Issuer during the ensuing Fiscal Year and an estimate of the amount of money necessary for such purposes. (c) The I ssuer shall cause the District Manager or I ndependent Consul tant to determine all matters regarding the insurance to be carried and to make recommendations with respect to the amount that should be set aside monthly for the purpose of paying premiums on that insurance for which premiums are not paid monthly, Prompt ly after the receipt of such reports by the Issuer, copies thereof shall be filed with the Trustee and mailed by the Issuer to all Bondholders who shall have filed their names and addresses with the Secretary of the Board for such purpose. SECTION 9.22, Audit Reports. The Issuer covenants that, no later than 180 days after the end of each Fiscal Year or as required by law, whichever is sooner, it will cause an audit to be made by a Certified Public Accountant covering all receipts and moneys then on deposit with or in the name of the Trustee or the Issuer and any security held therefor and any investments thereof. Copies of such audit reports shall be filed with the Trustee, the District Manager and the Secretary of the Board, and mailed by said Secretary to the Consulting Engineer and to all Bondholders who shall have filed their names and addresses with him for such purpose. If the material required to be in such audit also appears in the annual report of the Issuer provided for in Section 9.17 hereof in a manner that can be readily identified, then the filing of a copy of such annual audit shall satisfy the requirement of this Section. SECTION 9.23. Infor-..m.a.tion to Be Fil~Q with Trustee. The Issue~ shall cause to be kept on file with the District Manager, and available to the Trustee, at all times copies of the schedules of Special Assessments levied on all District Lands in respect of the Project. SECTION 9.24, ~enant Against Sale or Encumbrance: Exceptions. The Issuer covenants that, (a) except for those improvements comprising the Project that are to be conveyed by the Issuer to the County or another governmental entity and (b) except as in this Section permitted, it will not sell, lease or otherwise di spose of or encumber the proj ect, or any part thereof. The - 59 - GTH\HARRIS\15784,Ql\12/26/96 ''.It'll,~,,,~_.___,,,,,,,r .._--~- ----"."".- - _._~-...""-- ~"'""~~~_""'_'-~""""''''''''''''lf''~;~~ .;;.:{:~-~:'~~ t" ~.- ,. .:..i-....,..! ~ , '.(,::-'~: I ," Jf' ~~;::t;,\ ~{ :~l;.t. 'i.€l;'1,'~ ~~'--[.~..: ",;;\.'J" vt%;, t(~~:; ~i~ ~:'''r~!1~\ ,~;,:,.:.,.}.. '/l'~~~ ;';fr!:~:~. ,?;:t)..; l:~~~~,~t~~: iifi \'ll~~ d};~.l;.~ ", ':~~;'.~}::~r I;J ;~l,.~~Y':,':1 ' ..1f.,' ,\.,.... y :..1.:.t~.~":'{U i :~~~'~;;;!J ~I.),.J!(~" ~;~~ .~~{tK{, ;i\~~i~~ .', ~",' .:,.. . ....." "," ., ~... ..... ,. ~ ~.-:;,~;.j'~~ ""~<<"~ .i,~" "..-:.:,.',:~." "",.:.,. '. _ . 1~:J:':"O"': ;'_.':~.. .\~':>,: '"'.. ,- ,'II l' ~ ,. . :r. i~:< ~' ~I~l '" t~ '.: 1 : ~,' I < I .~. ~'.. . ~. to. ~ ";, ...... ".. t 1 6G 3 Issuer may, however, from time to time, sell any machinery, fix- tures, apparatus, tools, instruments or other movable property acquired by it from the proceeds of Bonds or from Pledged Revenues if the District Manager shall determine, with the approval of the Consulting Engineer, that such items are no longer needed or are no longer useful in connection with the construction, maintenance and operation of the Project, and the proceeds thereof shall be applied to the replacement of the properties so sold or disposed of or, at the written direction of the Issuer shall be deposited to the credit of the Revenue Fund. Upon any sale of property relating to the proj ect, the aggregate of which in any thirty (30) day period exceeds Fifty Thousand Dollars ($50,000) under the provisions of this Section, the Issuer shall provide written notice to the Trustee of the property so sold and the amount and disposition of the proceeds thereof, The Issuer may lease or grant easements, franchises or concessions for the use of any part of the Project not incompatible with the maintenance and operation thereof, if the Consulting Engineer shall approve such lease, easement, franchise or concession in writing and the Consulting Engineer or the Issuer shall certify that it shall not negatively affect the ability of the Issuer to fully pay Debt Service Requirements, and the net proceeds of any such lease, easement, franchise or concession (after the making of provision for payment from said proceeds of all cost s incurred in financing, constructing, operating, maintaining or repairing such leases, easements, franchises or concessions) shall be deposited as received to the credit of the Revenue Fund, SECTION 9.25. Ei~lity Bonds. Every officer, agent or employee of the Issuer having custody or control of any of the Pledged Revenues shall be bonded by a responsible corporate surety in an amount not less than the greatest amount reasonably anticipated to be within the custody or control of such officer, agent or emplcyee at one time. The premiums on such surety bonds shall be paid by the Issuer as an expense of operation and maintenance of the Project. SECT ION 9.26. ~..LQs.5.-~L.i..elLQrLBedged :sevenu~ The Issuer shall not do or omit to do, or suffer to be done or omit to be done, any matter or thing whatsoever whereby the lien of the Bonds on the Pledged Revenues or any part thereof, or the priority thereof, would be lost or impaired; provided, however, that this Section shall not prohibit the Trustee from transferring moneys to the Rebate Fund held by the Trustee under any arbitrage rebate agreement. - 60 - GTH\f~RIS\15784,Ol\12/26/96 ~_"-i.-".~~" 1111--- "~..'. ~ ..; . :: ';"'" ,~.' .... ,.....~". ~ ;~, :.' . .--- JI--'" '.._ --..AI 1 6G 3 SECTION 9.27. Compliance With Other Contracts and Agreements. The Issuer shall comply with and abide by all of the terms and conditions of any and all contracts and agreements which the Issuer enters into in connection with the Project and the issuance of the Bonds. SECTION 9.28, ~of Additional Obligatio~. The Issuer shall not issue any obligations other than the Bonds payable from Pledged Revenues, nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge, payable from Pledged Revenues. SECTION 9.29. Exten~ion of Time for Payment of l~res..t. l21:.Qhibited, The Issuer shall not directly or indirectly extend or assent to an extension of time for payment of any claim for interest on any of the Bonds and shall not directly or indirectly be a party to or approve any arrangement therefor by purchasing or funding or in any manner keeping alive any such claim for interest; no claim for interest which in any way, at or after maturity, shall have been transferred or pledged apart from the Bonds to which it relates or which shall in any manner have been kept alive after maturity by extension or by purchase thereof by or on behalf of the Issuer, shall be entitled, in case of a default hereunder, to any benefit or security under the Indenture except after the prior payment in full of the principal of all Bonds and claims for interest appertaining thereto not so transferred, pledged, kept alive or extended. SECTION 9,30.. E.\.u::_t..b~~surances.. The Issuer shall not enter into any contract or take any action by which the rights of the Trustee or the Bondholders may be impaired and shall, from time to time, execute and deliver such further instruments and take such further action as may be required to carry out the purposes of the Indenture. SECTION 9.31, Investments to Comply wiLLlnt.unal Revenue CQ,~. The Issuer covenants to the Holders of the Bonds that it will not make or direct the making of any investment or other use of the proceeds of any Bonds issued hereunder which would cause such Bonds to be "arbitrage bonds" as that term is defined in Section 148 (or any successor provision thereto) of the Code and all applicable regulations promulgated under the Internal Revenue Code of 1954, as amended, or the Code, and that it will comply with the requirements of such Code section and related regulations throughout the term of such Bonds. The Issuer hereby further covenants and agrees to comply with the procedures and covenants contained in any arbitrage rebate agreement executed in connection wi th the issuance of the Bonds for so long as compliance is necessary in order to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds. - 61 - GTH\HARRIS\15784,Ol\12/26/96 ~~,,".""'~~r-- .......JOIo,,;n:J1{"""r'V~:!'..~~..._. --...----- ~~t. - .....1.--"'" --..- . ---~ _..---< -.- 1 6G 3 SECTION 9.32. Cor~o~ate Existence and Maintenance Qf 2roperties. For so long as any Bonds are Outstanding hereunder, unless otherwise provided by the Act, the Issuer shall maintain its corporate existence as a local unit of special purpose government under the Act and shall provide for or otherwise require the Project, and all parts thereof owned or operated by the Issuer to be (a) continuously operated, repaired, iMproved and maintained as shall be necessary to provide adequate service to the lands benefitted thereby; and (b) in compliance with all valid and applicable laws, acts, rules, regulations, permits, orders, requirements and directions of any competent public authority. SECTION 9.32. ~ontinuing Disclosure. The Issuer shall comply with the requirements of the United States Securities and Exchange Ccmmission Rule 15c2-12, or its successor, with respect to continuing disclosure and in accordance therewith shall provide the following information to each NRMSIR: (a) within 180 days after the end of each Fiscal Year of the Issuer and to the extent available, the audited financial statements of the Issuer for such Fiscal Year prepared in accordance with generally accepted governmental account ing priniples, as modif ied by appl icable State of Florida requirements and governmental accounting standards promulgated by the Government Accounting Standards Board; (b) within 180 days after the end of each Fiscal Year of the Issuer, financial information and operating data with respect to the Bonds: (i) the balances in the Fu~ds and Accounts; (ii) the assessed value of the Issuer land, if available; provided, however, that the Issuer may rely upon the records of the Property Appraiser for such information; (iii) the amount of Special Assessments levied on the specially benefited land, as certified by the Issuer to the Tax Collector or other collection agent during such Fiscal Year; during such (iv) fiscal the amount of Pledged Revenues collected Year: (v) the amount of delinquent Special Assessments during such Fiscal Year, if available; (vi) the dollar amount of tax certificates in respect to the Special Assessments during such Fiscal Year, if available: - 62 - GTH\HARRIS\15784,Ql\12/26/96 ~ '::" :.....:; ::.~: ~ !..~: \,' .~.: ,;' .........11: ______,...__J....._._l.. ~'"~_ 1 6G 3 (vii) a schedule of the debt service for the remaining term of the Bonds; (viii) the percentage of the Project that has been completed with the proceeds of the Bonds as of such Fiscal Year; and (ix) determination in Project. any materially adverse change or any permit or approval relating to the (c) in a timely manner, notice of any of the following events, if material: (i) any principal delinquency on the Bonds; and interest payment (ii) any nonpayment default on the Bonds; (iii) any unscheduled draws on the Debt Service Reserve Account reflecting financial difficulties; (iv) any unscheduled draws on any credit enhancement reflecting financial difficulties; (v) any substitution of credit or liquidity providers or their failure to perform; (vi) any adverse tax opinions or events affecting the tax exempt status of the Bonds; (vii) any modification to the rights of Holders; (viii) any calls on the Bonds (other than mandatory sinking fund or extraordinary redemption) (ix) any defeasance of the Bonds; (x) any release, substitution or sale of any item of the Trust estate; (xi) any change in the rating of the Bonds; (xii) any failure on the part of the Issuer to comply with the requirements of clause (a) or (b) above. [END OF ARTICLE IX] GTH\HPRRIS\IS784,Ol\IZ/26/96 - 63 - \ ;.;:; ~:}:~. ;;:>>)~, :;(1 i /;.;\ ':: :::;':: ' '>:: '. ~;-::;, :t:.. ;' ,.:' : ,':: :, . ': . II . '0. .... ~ , :' - ,"".. .. I .' , , . I, , '", ',,' .'.. '.: . I .7;: ,}.... ":~'I' ; ~A,,"',',~' '". ~-'" 'f." ~ ,{,; ..>, ~i!~ "., ,,:. .. ~.~, .. 1 6G 3 ARTICLE X EVE~rs OF DEFAULT AND REMEDIES SECTION 10,01. Events of Default and Remedies. Events of default and remedies with respect to the Bonds shall be as set forth in this Article X. SECTION 10.02. ~s of Default Defined. Each of the follo~ing shall be an ~Event of Default~ under the Indenture: (a) if payment of any installment of interest on any Bond lS not made when it becomes due and payable; or (0) if payment of the principal or Redemption Price of any Bond is not made when it becomes due and payable at maturity or upon call or presentation for redemption; or '~/:,1y"';r.~.: ~i~J:i :,t. ;',~J~;t.~(\ ill .~"'f'" {~~t;}; Iii ;~{:;'''':f; (c) if the Issuer, for any reason, incapable of fulfilling its obligations under the under the Act; or is ~endered Indenture or (d) if the Issuer proposes or makes an assignment for the benefit of creditors or enters into a composition agreement wi th a 11 or a material part of its credi tors, or a trustee, receiver, executor, conservator, liquidator, sequestrator or other judicial representative, similar or dissimilar, is appointed for the Issuer or any of its assets or revenues, or there is commenced any proceeding in liquidation, bankruptcy, reorganization, arrangement of debts, debtor rehabilitation, creditor adjustment or insolvency, local, state or federal, by or against the Issuer and if such is not vacated, dismissed or stayed on appeal within ninety (90) days; or ;:y..;!~:~~ /;S}."", ~~~~i (e) if the Issuer defaults in the due and punctual performance of any other covenant in the Indenture or in any Bond issued pursuant to the Indenture and such default continues for sixty (60) days after written notice requiring the same to be remedied shall have been given to the Issuer by the Trustee, which may give such notice in its discretion and shall give such notice at the written rp.quest of the Holders of not less than a majority in aggregate principal amount of the Outstanding Bonds; provided, however, that if such performance requires work to be done, actions to be taken, or conditions to be remedied, which by their nature cannot reasonably be done, taken or remedied, as the case may be, within such sixty (60) day period, no Event of Default shall be deemed to have occurred or exist if, and so long as the Issuer shall commence such performance within such sixty (60) day pe=iod and shall' diligently and continuously prosecute the same to completion, - 64 - GTH\HARRIS\15784,Ql\12/26/95 JJ~:..ro;~'. ~~~,tli\~;;'F..i:'" ;~; :.' .:;';::~<{.' ::,::>:":;'';'::;:':':,,'1 :,~"~,~'~~<':,; ;'.~:: .,:,,~:: ;;" i;~ ;'," ~;:', . -,' ;: ,; -.:::' :":~ >.-1;':: ..~: ~ 'i. ':: _ ,.':, ,> , ... --- --.......... r~~.at1 ---------...,..,1' - - .......-.._~~ 1 6G 3 SECTION 10.03. No Acceleration. No Bonds issued under this Indenture shall be subject to acceleration. SECTION 10.04, Legal Proceedings by Trustee,. If any Event of Default with respect to the Bonds has occurred and is continuing, the Trustee, in its discretion may, and upon the written request of the Holders of not less than a majority of tte aggregate principal amount of the Outstanding Bonds and receipt of indemnity to its satisfaction shall, in its own name: (a) by mandamus, or other suit, action or proceeding at law or in equi ty, enforce all rights of the Holders of the Bonds, including, without limitation, the right to require the Issuer to carry out any agreements with, or for the benefit of, the Bondholders of the Bonds and to perform its or their duties under the Act; (b) bring suit upon the Bonds; (c) by action or suit in equity require the Issuer to account as if it were the trustee of an express trust for the Holders of the Bonds; (d) by action or suit in equity enjoin any acts or t11ing8 which may be unlawful or in violation of the rights of the Holders of the Bonds; and (e) by other proceeding in law or equity, rights and remedies provided for by any other instrument securing the Bonds. exercise document all or SECTION 10.05, Di~tinuance of Er~~dings by Trustee. If any proceedj,ng taken by the Trustee on account of any Event of Default is discontinued or is determined adversely to the Trustee, the Issuer, the Trustee, the Paying Agent and the Bondholders shall be rest'::lred to their ~ormer positions and rights hereunder as though no such proceeding had been taken. SECTION 10.06, B.QQdholde~ r1ay Direct Proceedings. The Holders of a majority in aggregate principal amount of the Outstanding Bonds then subject to remedial proceedings under this Article X shall have the right to direct the method and place of conducting all remedial proceedings by the Trustee under the Indenture, provided that such directions shall not be otherwise than in accordance with law or the provisions of the Indenture. SECTION 10.07. L..i.mitat ions on Act ions by Bondholders. No Bondholder shall have any right to pursue any remedy hereunder unless (a) the Trustee shall have been given written notice of an Event of Defaul t, (b) the Holders of at least a maj ority of the - 65 - GTH\f~RIS\15784,Ol\12/26/96 11...~"''"'''''''''''''''''''''~oIl!,'''''''''''''''''~''r...&..~,....''I' _ .......~,...,.,.....-.:........_PJ..~/1f..,...r.:--~._o~~...___. ~ ~...,~- ....--..~_...--,_._..-"'-...-~-_..._ ......._.~ _~_~110_"~~ .__""~.........,."".__ \~~;~~;:' ,::':,/,~'..~';,; .~..;~ t};;;.~ ~ ~::,:}t;f;r (~~_.r~.~_~~:~\~. ~lf\:;{ 1'"1,,..;.. -.,.......ft ilfil ,'l...,t-.'J :;;.~.~~:~;~, . ..~....-'r....: !.~:t?;;;?ii~i ;{l.,..~;.",~{:, j!;~~;~ '.,;: J,C\ ",'~ fi ,.~.}, ,:,(,W~ '~~;:;'-l'~')'~t ."~~. ., '1"'..' t' '>}. ..,-",.,;j... ;~~Ji:~~, flli {lJ~(:n;j! .I.. ';'" ~ :}~{{'~fl~~ 'Jf,,~. .'/;,....~,.l .j':-:~~( \).,-'~'" ,:,.:..:,f.". ;.:'.> ~.~::.. ':;;;}'~~:':'::::'.< ~.::. ,.' ~ !~ .>t.~"~:(i ":. ~\. '~'. . ~. \..~ :',,: :.. :. :I~. :''':.' :"," ':,.". \ ..' ..~. " [ . .. . -..' '.1 ; . ., .~..," . . . '.. . . 1 6G 3 aggregate principal amount of the Outstanding Bonds shall have requested the Trustee, in writing, to exercise the powers herein- above granted or to pursue such remedy in its or their name or names, (c) the Trustee shall have been offered indemnity satis- factory to it against costs, expenses and liabilities, and (d) the Trustee shall have failed to comply with such request within a reasonable time. SECTION 10.08. Trustee May Enforce Rights Without Possession of Bond~. All rights under the Indenture and the Bonds may be enforced by the Trustee without the possession of any of the Bonds or the production thereof at the trial or other proceedings rela- tive thereto, and any proceeding instituted by the Trustee shall be brought in its name for the ratable benefit of the Holders of the Bonds. SECTION 10.09. Remedies Not Exclu~. Except as limited under Section 15.01 of this Indenture, no remedy contained in the Indenture is intended to be exclusive of any other remedy or remedies, and each remedy is in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. SECTION 10.10, ~e1~2-and Omissions Not to Im~-Right~. No delay or omission in respect of exercising any right or power accruing upon any Event of Default shall impair such right or power or be a waiver of such Event of Default, and every remedy given by this Article X may be exercised from time to time and as often as may be deemed expedient. SECTION 10.11. A~~lication of Moneys in Event of Defaul~. Any moneys received by the Trustee or the Paying Agent, as the case may be, in connection with any proceedings brought under this Article X with respect to the Bonds shall be applied: (a) to the payment of the unpaid fees and costs of the Trustee and Paying Agent incurred in connection with actions taken under this A~ticle X with respect to the Bonds, including counsel fees and any disbursements of the Trustee and the Paying Agent. (bl unless the principal of all the Bonds shall have become or shall have bEen declared due and payable: FIRST: to payment of all installments of interest then due on the Bonds in the order of maturity of such installments of interest, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the persons entitled thereto, without any preference or priority of one installment of interest over any other installment; and - 66 - GTH\HARRIS\15784,Ql\12/26/96 1 6G 3 SECOND: to payment to the persons entitled thereto of the unpaid principal or Redemption Price of any of the Bonds which shall have become due in the order of their due dates, with interest on such Bonds from the respective dates upon which they become due and, if the amount available shall not be sufficient to pay in full the principal or Redemption Price coming due on such Bonds on any particular date, together with such interest, then to the payment ratably, according to the amount of principal due on such date, to the persons entitled thereto without any preference or priority of one such Bond over another or of any installment of interest over another. (c) If the principal of all Bonds shall have become or shall have been declared due and payable, to the payment of principal or Redemption Price (as the case may be) and interest then owing on the Bonds and in case such moneys shall be insuff icient to pay the same in full, then to the payment of principal or Redemption Price and interest ratably, without preference or priority of one Bond over another or of any installment of interest over any other installment of interest. Any surplus remaining after the payments described above shall be paid to the Issuer or to the Person lawfully entitled to receive the same or as a court of competent jurisdiction may direct. SECTION 10,12, ~~tee's Right to~~~iver; Compliance with ~J:'. The Trustee shall be ent i tIed as of right to the appointment of a receiver and the Trustee, the Bondholders and any receiver so appointed shall have such rights and powers and be subject to such limitations and restrictions as are contained in the Act and other applicable law of the State. SECTION 10,13. 1rustee and Bondholders Ent~d to all ~~~...I:..-AIT. It is the purpose of this Article to provide such remedies to the Trustee and Bondholders as may be lawfully granted under the provisions of the Act and other applicable laws of the State; if any remedy herein granted shall be held unlawful, the Trustee and the Bondholders shall nevertheless be entitled to every other remedy provided by the Act and other applicable laws of the State. It is further intended that, insofar as lawfully possible, the provisions of this Article X shall apply to and be binding upon any receiver appointed in accordance \\lith Section 10.12 hereof. [END OF ARTICLE X) - 67 - GTH\~\RRiS\;5784,Ol\12/26/96 :<l',:.~ .;t~.~\:,,~;.:, :~: ,.:"~'::A~:':.'~~~':~ :;".;.. ..'::'!~..:~ _.....______1 1 6G 3 ARTICLE XI THE TRUSTEE; THE PAYING AGE}IT AND REGISTRAR SECTION 11.01. ~ce~tance of Trust. The Trustee accepts and agrees to execute the trusts hereby created, but only upon the additional terms set forth in this Article XI, to all of which the parties hereto and the Bondholders agree. The Trustee shall act as Trustee for the Bonds. The Trustee further agrees to comply with the procedures and covenants contained in any arbitrage rebate agreement applicable to it for so long as compliance is necessary in order to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds, to the extent applicable. SECTION 11,02. No Responsibility for Recitals. The recitals, statements and representations in the Indenture or in the Bonds, save only the Trustee's Certificate, if any, upon the Bonds, have been made by the Issuer and not by the Trustee and the Trustee shall be under no responsibility for the correctness thereof. SECTION 11.03. ~~~e May Act Thr~gh Agent~Dswerable Only f.Q.rJillfuLl1i~QIld.uct or Neglige.ru;.e, The Trustee may execute any powers hereunder and perform any duties required of it through attorneys, agents, officers or employees, and shall be entitled to advice of Counsel concerning all questions hereunder; the Trustee shall not be answerable for the default or misconduct of any attorney or agent selected and supervised by it with reasonable care. The Trustee shall not be answerable for the exercise of any discretion or power under the Indenture nor fer anything whatever in connection '",ith the trust hereunder, except only its own negl igence or will fu1 misconduct or breach of its obI igations here11nder. SECTION 11.04. CQillt!p.nsation and Indemnity. The Issuer shall pay the Trustee reasonable compensation for its services hereunder, and also all its reasonable expenses and disbursements, and shall indemnify the Trustee against and hold the Trustee harmless from any 1 iabi 1 it i es which it may incur in the proper exercise and performance of its powers and duties hereunder, except with respect to its own negligence or breach of its obligations hereunder or its willful misconduct. If the Issuer defaults in respect of the foregoing obligations, the Trustee may deduct the amount owing to it from any moneys coming into its hands and payable to the Issuer, and the Issuer hereby grants to the Trustee a lien upon such monies to secure the obligations of the Issuer to the Trustee hereunder, The provisions of this Section 11.04 regarding compensation, expenses and disbursements shall survive termination of this Indenture and shall continue to apply to the Trustee for later services it may be called upon by the Issuer to perform in - 68 - GTH\HARRIS\15784,Ql\12/26/96 " .',:'~." .~..' "." 1 6G 3 connection with administration of the Bonds notwithstanding its removal or resignation. SECTION 11.05. tlQ Duty to Renew Insurance. The Trustee shall be under no duty to effect or to renew any insurance policy nor shall it incur any liability for the failure of the Issuer to require or effect or renew insurance or to report or file claims of loss thereunder. SECTION 11.06. Notic~QLJLefault; Right to Investigate. The Trustee shall give written notice by first-class mail to registered Holders of Bonds of all defaults known to the Trustee, unless such defaults have been remedied (the term "defaults" for purposes of this Section and Section 11.07 being defined to include the events specified as "Events of Default" in Article X hereof, but not including any notice or periods of grace provided for therein) i provided that, except in the case of a default in payment of prin- cipal or interest or Redemption Price, the Trustee may withhold such notice so long as it in good faith determines that such with- holding is in the interest of the Bondholders. The Trustee shall not be deemed to have notice of any default other than a payment default under the Indenture, unless notified in writing of such default by the Holders of at least a majority of the aggregate principal amount of the Outstanding Bonds. The Trustee may, how- ever, at any time require of the Issuer full information as to the performance of any covenant hereunder, and if information satis- factory to it is not forthcoming, the Trustee may make or cause to be made, at the expense of the Issuer, an investigation into the affairs of the Issuer. SECTION 11.07. Qblication to A~Qll.Yefaults. The Trustee shall be under no obligation to take any action in respect of any default or otherwise, except a default with respect to the payments of principal or interest or Redemption Price as the same shall become due and payable at redemption or upon maturity, unless it is requested in writing to do so by the Holders of at least a majority of the aggregate principal amount of the Outstanding Bonds which are or would be, upon the taking of such act ion, subj ect to remedial pro~eedings under Article X of this Indenture if in its opinion such action may t.end to involve expense or liability; provided, however, that in no event shall the Trustee be obligated to take any action hereunder unless the Trustee is also furnished with indemnity satisfactory to the Trustee. SECTION 11.08. Reliance by Trustee. The Trustee may act on any requisition, resolution, notice, telegram, facsimile transmission, request, consent, waiver, certificate, statement, affidavit, voucher, bond, or other paper or document or telephone message (provided such message shall be preserved in writing by the Trustee) which it in good faith believes to be genuine and to have been passed, signed or given by the persons purporting to be - 69 - GTH\HARRIS\15784 01\12/25/':16 ~-~-~.,~ ,---~~---.......--. ~,~ ~~"..:.... ,/ .~ .:",..~f'. ':.' :".:. ....: ,",' <~~ ~'". .,,', '" . '. ~. I ,.... . . '. . ~ r i ~ f ( . ',"',. ~:. l.... ~:~~.~~/t;;: '~'.:.:'.~'~.~ ., .r"~'F .;~: ~l,' ~~i ~~\[: #\1"":' i. 1.' " ?~;~j:t, I~J~.-:~~,.t:1~'~ ;t~t;% o'l(. J:" . '~'::"::;i::,"H71- r:~ :{>: ';\~ ',_II" , ~~1 '1,':~~;~~}\~ ~l~~;~ 'f'''I'.~.(,.I.;1(... ~~:~~ .~:' ~~, '1~ i;;[~:x~t,,~, '~,.~ :;:~.~~..".o\ ':. ':'\"~:;'~'~'~.....-f~'~':'...;..~..",:, ~J."~"",:..t":'J,':&'~~'-":':"" ,":.'~' ......, ~~;...~.......-;--... ~I. .........." -mv. ----- ..., 1 6G 3 authorized (which in the case of the Issuer shall be a Responsible Officer) or to have been prepared and furnished pursuant to any of the provisions of the Indenture; the Trustee shall be under no duty to make any investigation as to any statement contained in any such instrument, but ffi~Y accept the same as conclusive evidence of the accuracy of such statement. SECTION 11.09. Trustee May Deal in Bonds. The Trustee may in good faith buy, sell, own, hold and deal in any of the Bonds and may join in any action which any Bondholders may be entitled to take with like effect as if the 'Trustee were not a party to the Indenture; provided, however, that in determining whether Owners of the requisite aggregate principal amount of Bonds Outstanding have concurred in any reef-lest, demand, authorization, direction, notice, consent or waiver under the provisions of the Indenture, Bonds which are held on behalf of the Trustee shall be disregarded. The Trustee may also engage in or be interested in any financial or other transaction with the Issuer; provided, however, that if the Trustee determines that any such relation is in conflict with its dut ies under the Indenture, it shall el iminate the confl ic:t or resign as Trustee. SECTION 11.10, .GQnstru-:::t..i9..1l.-Qf Ambi9J,LQU..S--P.IQ.Y..isions.. The 'frustee may construe any ambiguous or inconsistent provisions o~ the Indenture, and except as otherwise provided in Article XIII of this Indenture, any construction by the Trustee shall be binding upon the Bcndholders, The Trustee shall give prompt notice to the Issuer of any intention to make such construction. SECTION 11.11. R~signation of Trustee. The Trustee may resign and be discharged of the trusts created by the Indenture by written resignation filed with the Secretary of the Issuer not less than sixty (60) days before the date when such resignation is to take effect; provided, however, that (i) if any Outstanding Bonds are not registered Bonds, notice of such resignation is published at least once a week for three (]) consecutive calendar weeks in at least one Authorized Newspaper, the first publication to appear not less tharl three (3) weeks prior to the date when the resignatio~ is to take effec~; and that (ii) if any Outstanding Bonds are regis- t.e red. Bonds, flot ice of such resignat ion shall be sent by first- class mail to each Bondholder as its name and address appears on t.he Bond Register and to any Payi~g Agent, Registrar and Authenti- cating Agent at least sixty (60) days before the resignation is to take effect. Such resignation shall take effect on the day speci- fied in the Trustee I s notice of resignation unless a successor Trustee is previously appointed, in which event the resignation shall take effect immediately on the appointment of such successor; provided, however, that notwithstanding the foregoing, such resignation shall not take effect until a successor Trustee has been appointed, If a successor Trustee has not been appointed within ninety (90) days after the Trustee has given its notice of - 70 - GTH\HARRI S\ 1573.1, 01 \ 12/ 26/95 , t'. !I~' ~~~._g..-----~---.- 1 6G 3 resignation, the Trustee may petition any court of co:npetent jurisdiction for the appointment of a temporary successor Trustee to serve as Trustee until a successor Trustee has been duly appointed. Notice of such resignation shall also be given to any rating agency that shall then have in effect a rating on any of the Rands, SECTION 11,12. Removal of Trustee. The Trustee may be removed at any time by either (a) the Issuer, if no default exists under the Indenture, or (b) an instrument or concurrent instruments in wr i t ing, executed by the Owners of at least a maj ori ty of the aggregate principal amount of the Bonds then Outstanding and filed with the Issuer, A photographic copy of any instrument or instru- ments filed with the Issuer under the provisioDs of this paragraph, duly certified by a Responsible Officer, shall be delivered promptly by the Issuer to the Trustee and to any Paying Agent, Registrar and Authenticating Agent. The Trustee may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provision of the Inden- ture with respect to the duties and obligations of the Trustee by any court of competent jurisdiction upon the application of the Issuer or the Holders of not less than a majority of the aggregate principal amount of the Bonds then Outstanding. SECTION 11.13. Appointment of Successor T!.JJ..~. If the Trustee or any successor Trustee resj,gns or is removed or dis- solved, or if its property or business is taken under the control of any state or federal court or administrative body, a vacancy shall forthwith exist in the office of the Trustee, and the Issuer shall appoint a successor and (i) if any Outstanding Bonds are not registered bonds, shall publish notice of such appointment in an Authorized Newspaper and (ii) if any Outstanding Bonds are registered Bonds, shall mail notice of such appointment by first- class mail co each Bondholder as its name and address appear on the Bond Register.", a:1d to the Payi"g Agent, Registrar and Authenticating Agent and any rating agency that shall then have in effect a rating on any of the Bonds. If no appointment of a successor Trustee shall be made pursuant to the foregoing provisions of this Indenture prior to the date specified in the notice of resignation or removal as the date when such resignation or remnval was to take effect, the Holders of a majority in aggregate principal amount of all Bonds then Outstanding may appoint a successor Trustee. SECTION Trustee shall trust company surplus of at 11.14. Q1illl i f icat ion oL-S..J.1ccessor. A successor be a national bank with trust powers or a bank or with trust powers, having a combined net capital and least $50,000,000. - 71 - GTH\HARRIS\IS734 01\12/26/96 . ' .. .: ': . './'4 ';'. :.:' I .. ~ . . :- '.1 '. ,.' " ' ~'.' ~ 1 ~ __Ill." "~..'!1'--____ _IIIIIIIII'<....-~ -~rnlf.llj 1 6G 3 SECTION 11,15, .Instruments of Succession, Any successor Trustee shall execute, acknowledge and deliver to the Issuer an instrument accepting such appointment hereunder and thereupon, such successor Trustee, without any further act, deed, or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor in trust hereunder, with like effect as if originally named Trustee herein except as provided in Section 11.04 hereof. The Trustee ceasing to act hereunder shall pay over to the successor Trustee all moneys held by it hereunder and, upon request of the successor Trustee, the Trustee ceasing to act and the Issuer shall execute and deliver an instrument or instruments prepared by the Issuer transferring to the successor Trustee all the estates, properties, rights, powers and trusts hereunder of the predecessor Trustee. SECTION 11,16, Merger of Trustee. Any corporation into which any Trustee hereunder may be merged or with which it may be con- solidated, or any corporation resulting from any merger or con- solidation to which any Trustee hereunder shall be a party, shall be the successor Trustee under the Indenture, without the execution or f i 1 ing of any paper or any further act on the part of the parties hereto, anything herein to the contrary notwithstanding; provided, however, that any such successor corporation continuing ta act as Truscee hereunder shall meet the requirements of Section 11.14 hereof, and if such corporation does not meet the aforesaid requirements, a successor Trustee shall be appointed pursuant to this Article XI. SECTION 11.17. .Ext..~.Jlsio(l of RightJL..aDd Duties of Trustee t...Q Eay-.ir~l1..~gi_sJ...r.ar.. The provisions of Sections 11.02, 1.1.03, 11.04, 11.08, 11.09 and 11.10 hereof are hereby made ~pplicable to the Paying Agent and the Registrar, as appropriate, and any Person serving as Paying Agent and/or Registrar, hereby enters into and agrees to comply with the covenants and agreements of this Indenture applicable to the Paying Agent and Registrar, respectively. It is hereby expressly understood that the Issuer may appoint one or more Persons as Paying Agent or Paying Agents for one or more Series of Bonds. S2CTION 11,18. E...e...'ilgnatioIL...Q.f Paying Agent or Registrat:. The Paying Agent or Registrar may resign and be discharged of the dut ies created by the Indenture by executing an instrument in writing resigning such duties and specifying the date when such resignation shall take effect, and filing the same with the Issuer, the Trustee, and any rating agency that shall then have in effect a rating on any of the Bonds, not less than forty-five (45) days before the date specified in such instrument when such resignatio~ shall take effect, and by giving written notice of such resignation not less than three (3) weeks prior to such resignation date to the Bondholders, mailed to their addresses as such appear in the Bond Register. Such resignation shall take effect on the date specified - 72 - GTH\HARRlS\lS7il4 01\12/25/% "~~"'''T'''''~ "'.....7"'_'~._, ~.............................. "f~...r~"T 1 6G 3 in such instrument and notice, but only if a successor Paying Agent or Registrar shall have been appointed as hereinafter provided, in which event such resignation shall take effect immediately upon the appointment of such successor Paying Agent or Registrar. If the successor Paying Agent or Registrar shall not have been appointed within a period of ninety (90) days following the giving of notice, then the Paying Agent or Registrar shall be authorized to petition any court of competent jurisdiction to appoint a successor Paying Agent or Registrar as provided in Section 11.22 hereof. SECTION 11.19. Removal of Paying Agent or Registrar. The Paying Agent or Registrar may be removed at any time prior to any Event of Default by the Issuer by filing with the Paying Agent or Registrar to be removed, and with the Trustee, an instrument or instruments in writing executed by the Issuer appointing a suc- cessor, or an instrument or instruments in writing designating, and accompanied by an instrument or appointment by the Issuer of, such successor. Such removal shall be effective thirty (30) days (or such longer period as may be set forth in such instrument) after delivery of the instrument; provided, however, that no such removal shall be effective until the successor Paying Agent or Registrar appointed hereunder s~all execute, acknowledge and deliver to the Issuer an instr~ment accepting such appointment hereunder. SECTION 11.20, h9~nt of ~~ccesso~aying Ag~~ ~~gistra:(. In case at any time the Paying Agent or Registrar shall be removed, or be dissolv8d, or if its property or affairs shall be taken under the control of any state or federal court or adminis- trative body because of insolvency or bankruptcy, or for any other reason, then a vacancy shall forthwith and ~ ~Q exist in the office of the Paying Agent or Registrar, as tte case may be, and a successor shall be appointed by the Issuer; and in case at any time the Paying Agent or Registrar shall resign, then a successor shall be appointed by the Issuer. After any such appointment, notice of such appointment shall be given by the Issuer to the predecessor Paying Agent or Registrar, the successor Paying Agent or Registrar, the Trustee, any rating agency that shall then have in effect a rating on any of the Bonds, and all Bondholders. Any new Paying Agent or Regjstrar so appointed shall immediately, and without fur- ther act, supersede the predecessor Paying Agent or Registrar. SECTION 11.21. Oualificati~s of Successor Paying Ag~ ~,9i5_L~~. Every successor Paying Agent or Registrar (a) shall be a commercial bank or trust company (i) duly organized under the la't/s of the United States or any state or territory thereof, (i) authorized by law to perform all the duties imposed upon it by the Indenture and (iii) capable of meeting its obligations here- under, and (b) shall have a combined net capital and surplus of at least $50,000,000. - 73 - GTHIf'.ARRIS\lS78~.Ol\12/26/96 ~..~. .':f'.f","..~.;~ .;~,:~,1~">: .~~~.\-:. r ').'~':'~ ," /' !'.........t.;,~\. . :n. ':,',~:' ":'.,~ :.~~_:.' ',.:.f::', ,.r..., . ~;;.' ;~~ .~. ;' .', ": ~ ,,". ,'. .: I . , . . ~ ., . , " . .. r \. ~'.' I' ,I' ...' ~ ( I ,. _ -.,...- -~- --- _._'-.~.-~-----."-'--~fI --" .. 1 6G 3 SECTION 11.22. J..udicial A~~ointment of Successor Payin~ Qr ppgistrar. In case at any time the Paying Agent or Registrar shall resign and no appointment of a successor Paying Agent or Registrar shall be made pursuant to the foregoing provisions of this Indenture prior to the date specified in the notice of resignation as the date when such resignation is to take effect, the retiring Paying Agent or Registrar may forthwith apply to a court of competent jurisdiction for the appointment of a su=cessor Paying Agent or Registrar. Such court may thereupon, after such not ice I if any, as it may deem proper and prescribe, appoint a successor Paying Agent or Registrar. Notice of such appointment shall be given by the Successor Registrar or Paying Agent to the Issuer I the Trustee I any rating agency that shall then have in effect a rating on any of the Bonds, and all Bo~dholders, In the absence of such an appointment, the Trustee shall become the Registrar or Paying Agent, or and shall so notify the Issuerl any rating agency that shall have issued a rating on the Bcndsl and all Bondholders. SECTION 11.23, bcce~tance of Duties by Successor Paying h~ Qr Registrar. Any successor Payi~g Agent or Registrar shall become duly vested with all the estates, property I rights, powers, duties and obligations of its predecessor hereunderl with like effect as if originally named Paying Agent or Registrar herein. Upon request of such Paying Agent or Registrar, such predecessor Paying Agent or Registrar and the Issuer shall execute and deliver an instrument transferring to such successor Paying Agent or Registrar all the estates, property, rights and powers hereunder of such predecessor Paying Agent or Registrar and such predecessor Paying Agent or Registrar shall pay over and deliver to the successor Paying Agent or Registrar all moneys and other assets at the time held by it hereunder. SECTION 11.24. ,Successor by rvlerger or Consolidation. Any corporation into which any Paying Agent or Registrar hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which any Paying Agent or Registrar hereunder shall be a party, shall be the successor Paying Agent or Registrar under the Indenture without the execution or filing of any paper or any further act on the part of the parties thereto, anything in the Indenture to the contrary not.....ithstan.ding, (END OF ARTICLE XI] - 74 - GTH\HARRIS\lS784,Ol\lZ/Z6/96 1l!:INf\.,... _ --_.... ~III' """"~- w__ - -..........- ~.. ,.:~.I4. .':. :...; .'.!l..... ~::..'.~:.r' ":"~! '!~"~; .~..~...,.:, ;.,....... . :1~ ,,>~. ~:':..".;: ~..:r.. 1 6G 3 ARTICLE XII A.CTS OF BONDHOLDERS; EVIDENCE OF OWNERSHIP OF BONDS SECTION 12.01. A&ts of Bondholders: Evidence of Ownership of Bonds. lmy action to be taken by Bondholders may be evidenced by one or more concurrent written instruments of similar tenor signed or executed by such Bondholders in person or by an agent appointed in writing. The fact and date of the execution by any person of any such instrument may be provided by acknowledgment before a notary public or other officer empowered to take acknowledgments or by an affidavit of a witness to such execution. Any action by the Owner of any Bond shall bind all future Owners of the same Bond in respect of anything done or suffered by the Issuer, Trustee, Paying Agent or Regiotrar in pursuance thereof. [END OF ARTICLE XII] GTH\HARRIS\157r~,OI\12/26/96 - 75 - ~~. ~..~""",~....,_....~~~~IffI7I~~R~..fft~__._...........,......___....~_. ~ . -- - 1 6G .3 ARTICLE XIII AMENDMENTS AND SUPPLEMENTS SECTION 13.01. Am.endmsmts qnd Supplements Without 3cr:.d:-':Jld~ ~~, This Indenture and any then existing indenture supple- mental hereto may be amended or supplemented, from time to ti~e, without the consent of the Bondholders, by a supplemental indenture authorized by a Certified Resolution of the Issuer filed with the Trustee, for one or more of the following purposes: (a) to add additional covenants of the Issuer or to surrender any right or power herein conferred upon the Issuer; (b) for any purpose not inconsistent with the terms of this Indenture, or to cure any ambiguity or to cure, correct or supplement any defective provision (whether because of any inconsistency with any other provision hereof or otherwise) of this Indenture, in such manner as shall not impair the security hereof or thereof or adversely affect the rights and remedies of the Bondholders; (c) to provide for the execution of any and all contracts and other documents as may be required in order to effectuate the conveyance of any Project to the State, the County or any department, agency or branch thereof, or any other unit of government of the State or the County; provided, however, that the Issuer shall have caused to be delivered to the Trustee an opinion of Bond Counsel stating that such conveyance shall not impair the security hereof or adversely affect the rights and remedies of the Bondholders; and (dl to provide for the issuance of Refunding Bonds. SECTION 13.02. l1m.e.n..dments Hith Bondholders I Consent. This Indenture may be amended from time to time as set forth below, except with respect to (a) the interest or principal payable upon any Bonds, (b) the dates of maturity or redemption provisions of any Bonds, (c) this Article XIII and (d) the security provisions hereunder or under any indenture supplemental heretQ, by a supplemental indent1Jre approved by the Owners of at least a majority in aggregate principal amount of the Bonds then Outstanding; provided, however, that no amendment shall be made which adversely affects one or more but less than all Series of Bo~ds without the consent of the Owners of at least a majority in aggregate principal amount of the then Outstanding Bonds of each Series so affected, and no amendment shall be made which affects the rights of some but less than all of the Outstanding Bonds of each Ser ies so af fected. ]\mendments wi th respect to items (a), (b), (c) and td) of this Section 13.02 shall be effected only with - 76 - G7,,\.,A;:RrS\1573~ 01\:2/2SI'16 ~ . , , . "", - .;~.. " '. ': ',' ~"., . . ";: , " .' :' . . ~ :; .;;. ' " 1 bG 3 i the consent of Owners of all Outstanding Bonds of each Series affected by such amendments. SECTION 13.03. Trustee Authorized to Join in Amendments and SU9j;)lements ;~.i.ance on Counsel. The Trustee is authorized to join in the execution and delivery of any supplemental indenture or amendment permi t ted by this Article XI I I and in so doing may request and rely on a written opinion of Counsel that such supplemental indenture or amendment is so permitted and has been duly authorized by the Issuer and that all things necessary to make it a valid and binding agreement have been done. [END OF ARTICLE XIII] - 77 - GTH\HARRIS\15784.01\12!26/96 -.-----. .-._,...,---_..~-_.- -ac-...............----...--... '__'L___'~ -........,...-_.. ,,-.__1.t.I ~...... --..-...ur-~r- ..,....--.-,.- _.1___ .....,- ...----..- ---- 1 6G 3 ARTICLE XIV DEFEASANCE SECTION 14.01. Defeasance. When interest on, and principal or Redemption Price (as the case may be) of, the Bonds or any portion thereof to be defeased have been paid, or there shall have been deposited with the Trustee or such other escrow agent designated in a Certified Resolution of the Issuer (the "Escrow Agent") moneys sufficient, or Defeasance Securities, the principal of and interest on which, when due, together with any moneys, remaining uninvested, will provide sufficient moneys to fully pay (i) such Bonds or por- tion thereof to be defeased, and (ii) any other sums payable here- under by the Issuer, the right, title and interest of the Trustee with respect to such Bonds or portion thereof to be defeased shall thereupon cease, the lien of the Indenture on the Pledged Revenues, and the Funds and Accounts established under this Indenture shall be defeased and discharged, and the Trustee, on demand of the Issuer, sha.ll release the Indenture as to such Bonds or portion thereof to be so defeased and shall execute such documents to evidence such release as may be reasonably required by the Issuer and shall turn o'v'er to the Issuer or to such Person, body or authority as may be entitled to receive the same all balances remaining in any Funds and Accounts upon the defeasance in whole of all of the Bonds. SECTION 14,02. Deposit of Funds for Payment of Bonds. If the Issuer deposits with the Escrow Agent moneys sufficient, or Defeasance Securities, the principal of and interest on which, when due, together wi th any moneys remaining uninvested, will, as confirmed by a verification report, provide sufficient moneys to pay the principal or Redemption Price of any Bonds becoming due, either at maturity or by redemption or otherwise, together with all interest accruing thereon to the date of maturity or such prior redemption, and reimburses or causes to be reimbursed or pays or ca.uses to be paid the other amounts required to be reimbursed or paid under Section 14.01 hereof, interest on such Bonds shall cease to accrue on such date of maturity or prior redemption and all liability of the Issuer with respect to such Bonds shall likewise cease, except as hereinafter provided; provided, however, that (a) if any Bonds are to be redeemed prior to the maturity thereof, notice of the redemption thereof shall have been duly given in accordance with the provisions of Section 8.02 hereof, or irrevocable provision satisfactory to the Trustee shall have been duly made for the giving of such notice, and (b) in the event that uny Bonds are not by their terms subject to redemption within the next succeeding sixty (60) days following a deposit of moneys with the Escrow Agent, in accordance with this Section, the Issuer shall have (J iven the Escrow 11.gent, in form satisfactory to the Escrow Agent, irrevocable instructions to mail to the Owners of such Bonds - 78 - GTH\~ARRIS\15784,Ol\12/26/96 . . .. ' \ ' ,\.' ;..' '. . ~ 1 6G 3 at their addresses as they appear on the Bond Register, a notice stating that a deposit in accordance with this Section has been made with the Escrow Agent and that the Bonds to which such notice relates are deemed to have been paid in accordance with this Section and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal or Redemption Price (as the case may be) of, and interest on, said Bonds. Thereafter such Bonds shall be deemed not to be Outstanding hereunder and the Owners of such Bonds shall be restricted exclu- sively to the funds so deposited for any claim of whatsoever nature with respect to such Bonds, and the Escrow Agent shall hold such funds in trust for such Owners. Upon request of the Trustee, the Issuer shall obtain an opinion of a law firm with expertise in the field of tax-exempt municipal bonds that, upon pay~ent or provision for payment as aforesaid of the Bonds to be paid, the same shall no longer be deemed Outstanding. Money so deposited with the Escrow Agent which remains unclaimed three (3) years after the date payment thereof becomes due shall, upon request of the Issuer, if the Issuer is not at the time to the knowledge of the Escrow Agent in default with respect to any covenant in the Indenture or the Bonds contained, be paid to the Issuer; and the Owners of the Bonds for which the deposit was made shall thereafter be limited to a claim against the Issuer; provided, however, that the Escrow Agent, before making payment to the Issuer, may, at the expense of the Issuer, cause a notice to be publ ished in an Authorized Newspaper, stating that the money remaining unclaimed will be returned to the Issuer after a speci- fied date, [END OF ARTICLE XIV] GTH\H,l.RRfS\15784 01\12/26/96 - 79 - 1 6G 3 ARTICLE XV MISCELLANEOUS PROVISIONS SECTION 15.01, Limitations on Recourse. No personal recourse shall be had for any claim based on the Indenture or the Bonds against any member of the Board of the Issuer, officer, employee or agent, past, present or future, of the Issuer or of any successor body as such, either directly or through the Issuer or any such successor body, under any constitutional provision, statute or rule of law or by the enforcement of any assessment or penal ty or otherwise. The Bonds are payable solely from the Pledged Revenues, and any other moneys held by the Trustee under the Indenture for such purpose. There shall be no other recourse under the Bonds, the Indenture or otherwise, against the Issuer or any other property now or hereafter owned by it. SECTION 15.02. Paym~nt-D~. In any case where an Interest Payment Date or the maturity date of the Bonds or the date fixed for the redemption of any Bonds shall be other than a Business Day, then payment of interest, principal or Redemption Price need not be made on such da~e but may be made on the next succeeding Business Day, with the same force and effect as if made on the due date, and no interest on such payment shall accrue for the period after such due date if payment is made on such next succeeding Business Day. SECTION 15.03. No Rights Conferred on Other~. Nothing herein contained shall confer any right upon any Person other than the parties hereto and the Holders of the Bonds. SECTION 15.04. Lllo-9al Provisions Disreg~. If any term of the Indenture or the Bonds or the application thereof for any reason or c:ircumstance3 shall to any extent be held invalid or unenforceable, the remaining provisions or the application of such terms or previsions to Persons and situations other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision hereof and thereof shall not be valid and ~nforced to the fullest extent permitted by law. SECTION 15.05. ~titute Notic;~. If for any reason it shall be impossible to make duplication of any notice required hereby in a newspaper or newspapers, ~hen such publication in lieu thereof as shall be made with the appJ:oval of the Trustee shall constitute a sufficient publication of such notice. SECTION 15.06. NQ':ices. Any notice, der.1and, direction, request or other instrument authorized or required by the Indenture to De given to or filed with the Issuer or the Trustee shall be GTH\f~RRJS\15784,Ol\12/25/95 - 80 - . ,:.:.:: {.'"~,:.~':,.;r.c~'::, ':..: >..~~<.~>~" ::::};;' ::~~..\> ~~> ~.:\:.' ';'-:";'.' ~. :/)~ >,~ ,'< " ':....,:' "" :,' .~.' ,;..! " ~,' 1,::': . ' ,:' :" - '1iiI ..----~-.:.....--~-'"'t'l!I 1 bLl 3 deemed to have been sufficiently given or filed for all purposes of the Indenture if and when personally delivered and receipted for, or sent by registered United States mail, return receipt requested, addressed as follows: (a) As to the Issuer _ Heritage Greens Community Development District 10300 N.W. Eleventh Manor Coral Springs, Florida 33071 Attention: District Manager (b) As to the Trustee _ First Union National Bank of Florida First Union Financial Center, 14th Floor Corporate Trust Department [FL 6065] 200 South Biscayne Boulevard Miami, Florida 33131 Attention: Vivian C. Cerecedo lmy of the foregoing may, by notice sent to each of the others, designate a different or additional address to which notices under the Indenture are to be sent. All documents received by the Trustee under the provisions of the Indenture and not required to be redelivered shall be retained 1n its possession, subject at all reasonable times to the inspection of the Issuer, any Consultant, any Bondholder and the agents and representatives thereof as evidence in writing. SECTION 15,07. Controlling Law. The Indenture shall be governed by and construed in accordance with th~ laws of the State. SECTION 15.08 . Successors and Assigns. All the covenants, promises and agreements in the Indenture contained by or on behalf of the Issuer or by or on behalf of the Trustee shall bind and inure to the benefit of their respective successors and assigns, whether so expressed or not. SECTION 15.09. ~s for Convenience Only, The table of contents and descriptive headings in the Indenture are insert'~d for convenience only and shall not control or affect the meaning or construction af any of the provisions hereof. SECTIO~ 15.10. ~~r~arts. This Indenture may be executed in any number of counterparts, each of which when so executed and delivered shall be an original; but such counterparts shall together constitute but one and the same instrument. GTH\HA~RrS\15784.01\12/26/9f, - 81 - .'O..:~:'~~ '. ~:"!",: 'J '.\: ),:' ~ I ..', } :.) _0 ". I ~. ~" , .' :.:. ,J ' . . I".' ~. .' ..__.~ ,-~~" 01_ .__....._.___, _....~__~.~__~""""'"_ .."..' -- - - -~-'-----' --- - - 'llI 1 6G 3 SECTION 15.11. Appendices and Exhi~. Any and all appendices or exhibits referred to in and attached ~o this Indenture are hereby incorporated herein and made a part hereof for all purposes. IN WITNESS WHEREOF, Heritage Greens Community Development District has caused this Indenture to be executed by the Chairman of its Board and its corporate seal to be hereunto affixed, attested by the Secretary or Assistant Secretary of its Board and First Union National Bank of Florida has caused this Indenture to be executed by one of its Vice Presidents and its seal to be hereunto affixed, attested by an authorized officer, all as of the day and year first above written. HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT [S EAL] Attest: By: Chairman, Board of Supervisors Secretary, Board of Supervisors FIRST UNION FLORIDA, as Agent and Registrar NATIONAL Trustee, BANK OF Paying [ S EAL ] By: Authorized Officer STATE OF FLORIDA COUNTY OF S8: On t,his day of , 199_, before me, a notary public 1n and for the State and--COunty aforesaid, personally appeared and , Chairman and Secretary, respectively, of the Board of Supervisors of Heritage Greens Community Development District, who acknowledged that they did sign the foregoing instrument as such officers, respectively, for and on behalf of Heritage Greens Community Development Dist:rict; that the sam(~ is their free act and deed as such officers, respectively, and the free act and deed of Heritage GTH\fJ.l,RRIS\ 15784,01 \12/26/96 - 82 - "/)/~,,:,:,Y,.:,\q.\ "':';-"~;: ::'~:. ::J::~<<,: < ':: "::' ,~'. \', ",:' ,.' ,'.~:/: ':;4...~ . 1 6G 3 Greens Community Development District; and that the seal affixed to said instrument is Development District, or produced take an oath. the seal of Heritage Greens Community that the persons are personally known to me as identification and did/did not IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. My Commission expires: (Print or type name of Notary) Notary Public, State of Florida [NOTARIAL SEAL] GTH\~~RRIS\15784 01\12/26/96 - 83 - :';.:j, .':, f;:, ;''':'''\:;::1 ~;,;:::,:.: STATE OF FLORIDA 1 6G 3 S5: COUNTY OF On this day of , 199 , before me, Cl notary public in and--r0r the State and County-aforesaid, personally appeared Vivian Cerecedo, a vice president, of First Union National Bank of Florida, as Trustee, who acknowledged that she did sign said instrument as such officers, respectively, for and on behalf of said corporation; that the same is her free act and deed as such officers, and the free act and deed of said corporation; and that the seal affixed to said instrument is the seal of said corporation, who is personally known to me or produced identification and who did not take an oath. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. My Commission expires: (Print or type name of Notary) Notary Public, State of Florida [NOTARIAL SEAL] - 84 - GTH\HAHRJS\lS784.01\12/26/96 . pr"-~--"--ri1"-- "I.~_"._ EXHIBIT ;.. 1 6G 3 LEG~~ DESCRIPTION OF HERITAGE GREENS COl~ITY DEVELOPMENT DISTRICT The present boundaries of Heritage Greens Community Development District are as follows: THE BOUNDARIES OF HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT MAY BE EXPANDED OR CONTRACTED IN ACCORDANCE WITH THE PROVISIONS OF C~~PTER 190, FLORIDA STATUTES. A-l GTH\HARRrS\15784 01\12/26/96 GTH\KN~R!5\lS784,Ol\12/26/96 ,~::.; j;"t.-;i;~.//:\,:'.~',: EXHnII.....a DESCRIPTION OF THE PROJECT 1 6G 3 B-1 1 bG 3 &;XHIBIT C [FORM OF BOND] R- $ L~~ITED STATES OF AMERICA STATE OF FLORIDA HERITAGE GREENS CO~{UNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BOND, SERIES 1997 Interest _Ra t e Date of Original Issuan~e. Maturity ~- 8.25%' Hay 1, 2018 January 1, 1997 Registered Owner: Principal Amount: KNOvl ALL PERSONS BY THESE PRESENTS that Heritage Greens Community Development District (the "Issuer"), for value received, hereby promises to pay to the registered owner shown above or registered assigns, on the date specified above, from the sources hereinafter mentioned, upon presentation and surrender hereof at the corporate trust office of First Union National Bank of Florida, in Miami, Florida, as paying agent (said First Union National Bank of Florida, Miami, Florida and/or any bank or trust company to become successor paying agent being herein called the "Paying Agent"), the principal sum of DOLLARS ($ ) with interest thereon at the Interest Rate specified above payable semi-annually on each l>1ay 1 and November 1 while this Bond is Outstanding, commencing on May 1, 1997. Principal of this Bond is payable at the corporate trust office of First Union National Bank of Florida, located in Miami, Florida, in lawful money of the United States of America. Interest on this Bond is payable by check or draft of the Paying Agent made payable to the registered owner and mailed to the address of the registered owner as such name and address shall appear on the registry books of the Issuer maintained by First Union National Bank of Florida, as Registrar (said First Union National Bank of Florida and any successor Registrar being herein called the "Registrar") at the GTH\HARRfS\15784.01\12/26/96 C-1 't. '" " .. ' . .,' I -.. . ... . f '_.. . '. . \ . .' .- ~ .... ,.:".... - .:~ ..' ,...... I .'.~. J t~. I.. ... ." .:1 " . ~ , \ ..' '" . '. . '\ I 1 6G 3 close of business cn the fifteenth day of the calendar month preceding each ir.terest payment date or the date on which the principal of a Bond is to be paid (the "Record Date"). Such interest shall be payable from the most recent interest payment date next preceding the date of authentication hereof to which interest has been paid, unless the date of authentication hereof is a May 1 or a November 1 to which interest has been paid, in which case from the date of authentication hereof, or unless such date of authentication is prior to May 1, 1997, in which case from January 1, 1997, or unless the date of authentication hereof is between a Record Date and the next succeeding interest payment date, in which case from such interest payment date. Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the registered owner on such Record Date and may be paid to the person in whose name this Bond is registered at the close of business on a Special Record Date for the payment of such defaulted interest to be fixed by the Paying Agent, notice whereof shall be given to Bondholders of record as of the fifth (5th) day prior to such mailing, at their registered addresses, not less than ten (10) days prior to such Special Record Date, or may be paid, at any time in any other lawful manner, as more fully provided in the Indenture (defined below) . REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE SIDE HEREOF Al~D SUCH FURTHER PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FRONT SIDE HEREOF. THE BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER PAYABLE SOLELY OUT OF THE PLEDGED REVENUES PLEDGED THEREFOR UNDER THE INDENTURE AND NEITHER THE PROPERTY, THE FULL FAITH A...N'D CREDIT, THE TAXING POWER I NOR THE POHER TO LEVY ADDITIONAL NON AD VALOREM SPECIAL ASSESSMENTS OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF FLORIDA, OR MIY POLITICAL SUBDIVISION THEREOF, IS PLEDGED AS SECURITY FOR THE PAYMENT OF THE BONDS, EXCEPT THAT THE ISSUER IS OBLIG.l\TED UNDER THE HIDENTURE TO LEVY AND TO EVIDENCE MID CERTIFY, OR CAUSE TO BE CERTIFIED, FOR COLLECTION, SPECIAL ASSESSMENTS (AS DEFINED IN THE INDENTURE) TO SECURE AND PAY THE BONDS. THE BONDS DO NOT CONSTITUTE AN INDEBTEDNESS OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF FLORIDA, OR ANY POLITICAL SUBDIVISION THEREOF WITHIN THE r"1EI\.i.\lING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LHIITATION, This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Indenture until it shall have been authenticated by execution of the Trustee, or such other authenticating agent as may be appointed by the Trustee under the Indenture, of the certificate of authentication endorsed hereon. IN WITNESS \1HEREOE', Heri tage Greens Community Development District has caused this Bond to be signed by the facsimile GTH\HARR!S\lS784,Ol\12/26/96 C-2 .eta'~ ..,.,."~ "~~":'::.i' ..'~'..~...!J. .t..~':". ....... ~........ ....;... "1111-" 111__ .:.~" ~ ~~. :i~ t,,: :-: '....,:. 1 6G 3 sisnature facsimile facsimile all as of of the Chairman of its Board of Supervisors and a of its seal to be imprinted hereon, and attested by the signature of the Secretary of its Board of Supervisors, the date hereof. HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT (SEAL) By: Chairman, Board of Supervisors Attest; By: Secretary, Board of Supervisors GTH\HARRIS\15784,Ql\12/26/96 C-3 ~''''''''''''''''~_;JP''--_~NIQIP''':l~~'lIJIo,?''O~~,__",,,,,_.__ "''''''~--~___.11...._~..-- --"'-'I.I._~ _lr1.....,~~ . .; f,' ~. . ". , .' . . ~.. . . ~:..... , , : . '. . '. ,: ,. .' :: I. . ,t 1 6G ) ~IFICATE OF AUZRENTICATIQN This Bond is one of the Bonds delivered pursuant to the within mentioned Indenture. Date of Authentication: First Union National Bank of Florida, as Trustee By: Authorized Officer GTH\HARRrS\15784,Ol\12/26/96 C-4 -- ..&. - .......~........~- ..- ~".ll'nJ [Back of Bond) 1 6G 3 This Bond is one of an authorized issue of Bonds of Heritage Greeils Commu!l.ity Development District, a community development district duly created, established, organized and existing under Chapter 190, Florida Statutes (the Uniform Community Development District Act of 1980), as amended (the "Act") designated as "Heritage Greens Community Development District Special Assessment Bonds, Series 1997" (the "Bonds"), in the aggregate principal amount of Six Million Dollars ($6,000,000) of like date, tenor and effect, except as to number. The Bonds are being issued under authority of the laws and Constitution of the State of Florida, including particularly the Act, for the purpose of (i) planning,financing, acquisition, construction, equipping and installation of certain improvements permitted under the Act as authorized by the Issuer (the "Project"), (ii) making a deposit into the Debt Service Reserve Fund in the amount of the Debt Service Reserve Requirement, (iii) funding capitalized interest, and (i v) paying the costs of issuance of the Bonds. The Bonds shall be issued as, fully registered Bonds in authorized denolninations, as set forth in the Indenture. The Bonds are issued under and secured by a Trust Indenture dated as of January 1, 1997, (the "Indenture") I by and between the Issuer and the Trustee, executed counterparts of which are on file at the corporate trust office of the Trustee in Miami, Florida. Reference is hereby made to the Indenture for the provisions, among others, with respect to the custody and application of the proceeds of the Bonds issued under the Indenture, the operation and application of the Debt Service Fund and other Funds and Accounts (each as defined in the Indenture) charged with and pledged to the payment of the principal of, premium, if any, and the interest on the Bonds, the levy and the evidencing and certifying for collection, of non-ad valorem Special Assessments, the nature and extent of the security for the Bonds, the terms and conditions on which the Bonds are issued, the rights, duties and obligations of the Issuer and of the Trustee under the Indenture, the conditions under which such Indenture may be amended without the consent of the registered owners of Bonds, the conditions under which such Indenture may be amended with the consent of the registered owners of a majority in aggregate principal amount of the Bonds outstanding, and as to other rights and remedies of the registered owners of the Bonds. The registered owner of this Bond shall have no right to enforce the provisions of the Indenture or to institute action to enforce the covenants therein, or to take any action with respect to any event of default under the Indenture or to institute, appear in or defend any suit or other proceeding with respect thereto, except as provided iil the Iildenture. Notwithstanding the foregoing, any registered owner of this Bond shall have the right GTH\HARRrS\15784,Ql\12/26/96 C-s '>.,\~J, ~...~'j" ~~I'" '~.: .::' ,.' I "_~.. .""""""..~ ~',J ~"'" ."#.' ;:'~' '. .:......_:.w.,... '.: "t. .'. ~~:: .. . .. ".' ~ .... ... .' .,' t, ., ,',' , , 1 6G 3 to enforce the Issuer's covenant of continuing disclosure as per Section 9.33 of the Indenture. It is expressly agreed by the registered owner of this Bond that such registered owner shall never have the right to require or compel the exercise of the ad valorem taxing power of the Issuer, Collier County, Florida, the State of Florida or any political subdivision thereof, or taxation in any form of any real or personal property of the Issuer, Collier County, Florida, the State of Florida or any political subdivision thereof, for the payment of the principal of, premium, if any, and interest on this Bond or the making of any other sinking fund and other payments provided for in the Indenture, except for Special Assessments to be assessed and levied by the Issuer as set forth in the Indenture. By the acceptance of this Bond, the registered owner hereof assents to all the provisions of the Indenture. This Bond is payable from and secured by Pledged Revenues, as such term is defined in the Indenture, all in the manner provided in the Indenture. The Indenture provides for the levy and the evidencing and certifying, of non ad valorem assessments in the form of Special Assessments to secure and pay the Bonds. The Bonds are subject to redemption prior to maturity in the amounts, at the times and in the manner provided below. All pay- ments of the redemption price of the Bonds shall be made on the dates specified below. If less than all the Bonds are to be redeemed. the Trustee shall select the particular Bonds or portions of Bonds to be called for redemption by lot. P~rtial redemption of Bonds shall be made in such manner that the remaining Bonds held by each Bondholder shall be in Authorized Denominations. OptiQnal Redemption The Bonds are subj ect to redemption at the option of the Issuer in whole at any time on or after May 1, 2007, or in part on any Interest Payment Date on or after May 1, 2007, at the redemption prices (expressed as percentages of principal amount to be redeemed) set forth below, plus accrued interest to the redemption date, upon notice from the Issuer to the Trustee as set forth in the Indenture. Redemption Period (Both Dates Inclusive) May 1, 2007 through April 30, 2008 May 1, 2008 through April 30, 2009 May 1, 2009 through April 30, 2010 May 1, 2011 and thereafter Redemption Price 103% 102% 101% 100% GTH\HARRIS\15784.01\12/26/96 C-6 ~- ~------... . "l .;' , .... ;~",::'d:;. ..~..< ..:,. ':',:.:: : ':: ;>. .:: I ' , ; :.: .:. .'.. ~"i :/,:.~.~'j~; .' .. i" r, '.' . ' . Mandatory Sinking Fund Redemption 1 6G 3 The Bonds are subject to mandatory sinking fund redemption on May 1 in the years and in the principal amounts set forth below at a redemption price of 100% of their principal amount plus accrued interest to the date of redemption. Such principal amounts shall be reduced as specified by the Issuer by the principal amount of any Bonds redeemed pursuant to optional r~demption as set forth above or purchased and cancelled pursuant to the provisions of the Indenture. llli 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Principal Amount of Bonds ----.to be Paid $120,000 $135,000 $145,000 $155,000 $170,000 $185,000 $200,000 $220,000 $235,000 $7.55,000 ~ 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Principal Amount of Bonds --.t..o be Paid $280,000 $305,000 $330,000 $360,000 $390,000 $425,000 $460,000 $500,000 $540,000 $590,000 Ext...r:2....QUiin'3.ry Mandatory ~~ILi.n 1'1hole or in ~ The Bonds are subject to extraordinary rr.andatory redemption prior to maturity by the Issuer in whole, on any date, or in part, on any interest paym~nt date, at an extraordinary mandatory redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued to the redemption date, (i) from moneys deposited into Prepayment Account or the Bond Redemption Fund following the payment in full of Special Assessments on any portion of the District Lands within thirty (30) days after the completion of the Project and acceptance thereof by the I ssuer ill accordance wi th the provisio11S of the Indenture; (ii) from moneys deposited into the Prepayment Account in the Bond Redemption Fund following the payment in full or in part of Special Assessments on any portion of the District Lands as a result of any prepa}ment of Special Assessments at any time subsequent to thirty (30) days after the completion of the Project in accordance with the provisions of the Indenture, or as the result of any fore- closure, sale of tax certificate or other remedial action for non- payment of Special Assessments; (iii) following condemnation or the sale of any portion of the District Lands to a governmental entity under threat of condemnation by such govern~ental entity and the payment of moneys by such governmental entity to the Trustee for depo,it into the Prepayment Account in the Bond Redemption Fund in order to effectuate such redemption; (iv) from excess moneys in the GTH\HARRIS\15784,Ol\12/26/96 C-7 1 6G 3 Construction Fund transferred to the Prepayrr,ent Account in the Bond Redemption Fund pursuant to the Indenture after completion of the Project, as evidenced by the certificate of the Consulting Engineer and the District Manager; and (v) from moneys, if any, on deposit in the Prepayment Account in the Bond Redemption Fund following the damage or destruction of all or substantially all of the Project to such extent that, in the reasonable opinion of the Issuer, the repair and restoration thereof would not be economical or would be impracticable; provided, however, that at least forty-five (45) days prior to such extraordinary mandatory redemption, the Issuer shall cause to be delivered to the Trustee (x) notice setting forth the redemption date specified in (v), above, and (y) a certificate of the Consulting Engineer confirming that the repair and restoration of the Project would not be economical or would be impracticable. Notice of Redemption The Trustee shall cause notice of redemption to be mailed at least thirty but not more than sixty days prior to the date of redemption to all registered owners of Bonds to be redeemed (as such owners appear on the books of the Registrar on the fifth (5th) day prior to such mailing) and to certain additional parties as set :orth in the Indenture; provided, however, that failure to mail any such notice or any defect in the notice or the mailing thereof shall not affect the validity of the redemption of the Bonds for which such notice was duly mailed in accordance with the Indenture. If less than all of the Bonds shall be called for redemption, the notice of redemption shall specify the Bonds to be redeemed. On the redemption date, the Bonds called for redemption will be payable at the principal cOl~orate trust office of the Paying Agent and if moneys are available to pay principal and interest on such date interest shall cease to accrue, such Bonds shall cease to be entitled to any benefit under the Indenture and such Bonds shall not be deemed to be outstanding under the provisions of the Indenture and the registered owners of such Bonds shall have no rights in respect thereof except to receive payment of the redemption price thereof. For all redemptions other than mandatory sinking fund redemptions, if the amount of funds so deposited with the 'i'rustee, or otherwise available, is insufficient to pay the redemption price and interest on all Bonds so called for redemption on such date, the Trustee shall redeem and pay on such date an amount of such Bonds for which such funds are sufficient, selecting the Bonds to be redeemed by lot from among all such Bonds called for redemption on such date, and interest on any Bonds not paid shall continue to accrue, as provided in the Indenture. The Issuer shall keep books for the registration of the Bonds at the corporate trust office of the Registrar in Miami, Florida. Subject to the restrictions contained in the Indenture, the Bonds may be transferred or exchanged by the registered O~ler thereof in GiH\HARRIS\15784,Ql\12/26/96 C-8 . .'", .~ >: :. ~';:', ~: .- : .'., ::~.,' ',.' '," \' 'l, ;. i ~ . ~ ~ ~ . ". ... . ~ ~. f ~ . . I r .... . . ~ ,. . ~ '. , " . .' .', "" ..... . I. --... ~.' ~ I.' ..... I, ~, 1 .. 1 6G 3 person or by his attorney duly authorized in writing only Upon the books of the Issuer kept by the Registrar and only Upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his duly authorized attorney. In all cases in which the privilege of trans- ferring or exchanging Bonds is exercised, the Issuer shall execute and the Trustee or such other authenticating agent as may be appointed by the Trustee under the Indenture shall authenticate and deliver a new Bond or Bonds in authorized form and in like aggre- gate principal amount in accordance with the provisions of the Indenture. There shall be no charge for any such exchange or transfer of Bonds, but the Issuer may require payment of a sum sufficient to pay any tax, fee or other governmental charge imposed. Neither the Issuer nor the Registrar shall be required (a) to transfer or exchange Bonds for a period of 15 days next preceding any selection of Bonds to be redeemed or thereafter until after the mailing of any notice of redemption; or (b) to transfer or exchange any Bond called for redemption in whole or in part. The Issuer, the Trustee, the Paying Agent and the Registrar may deem and treat the person in whose name any Bond shall be registered upon the books kept by the Registrar as the absolute owner thereof (whether or not such Bond shall be overdue and notwithstanding any notation of ownership or other writing thereon made by anyone other than the Issuer, the Trustee, the Paying Agent or the Registrar) for the purpose of receiving payment of or on account of the principal of, premium, if any, and interest on such Bond as the same becomes due, and for all other purposes. All such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and ne i ther the Issuer, the Trustee, the Paying Agent, nor the Registrar shall be affected by any notice to the contrary. It is hereby certified and recited that all acts, conditions and things required to exist, to happen, and to be performed, precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, including particularly the Act, and that the issuance of this Bond, and of the issue of the Bonds of which this Bond is one I is in full compliance with all constitutional and statutory limitations or provisions. GTH\HARRIS\15734,Ql\12/26/96 C-9 ":, :~~ '> ,:~, \.~~-~,/ ~i", ' ::, ,'~. ,f:, _ '>"'. ..:.,:. ':j' ,: I ,:.':::- ',:. ,f, ,',. 1,1.".._.... ...,...... ... ":' :. :.~~ " 4." ".J", t.... ......'~: STATEMENT OF VALIDATION 1 6G 3 This Bond is one of a series of Bonds which were validated by judgment of the Circuit Court of the Twentieth Judicial Circuit of Florida, in and for Collier County, Florida, rendered on the 29th day of April, 1994. Chairman Secretary ABBREVIATIONS The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM TEN ENT JT TEN as tenants in common as tenants by the entireties as joint tenants with rights of survivorship and not as tenants in common u~IFORM GIFT MIN ACT Custodian (Cust) (Minor) Under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the above list. GTH\HARRIS\15754,Ql\12/26/96 C-10 : " .. "/ \ " . :" ., . ~ .... . . ~.' .. 1 6G 3 ASSIGNMENT AND TRANSFER FOR VALUE RECEIVED the undersigned sells, assigns and trans- fers unto (please print or typewrite name and address of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints At torney to registration premises. transfer thereof, the within Bond with full power the books kept substitution in for the on of Signature Guarantee: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Please insert social security or other identifying number of Assignee. GTH\HARRrS\15784,Ol\12/26/96 C-ll - ,_... ~ ~.....-._._~-- ~-......- . --,-.--...----~.,.,~- -... -.,-' . 'I~: '" ~ ..'>.:. .'. 1 6G 3 EXHIBIT D FORM OF REQUISITION The undersigned, a Responsible Officer of Heritage Greens Commuility Development District (t11e "District") hereby submits the following requisition for disbursement under and pursuant to the terms of the Trust Indenture between the District and First Union National Bank of Florida, as trustee (the "Trustee"), dated as of January I, 1997 (the "Indenture") (all capitalized terms used herein shall have the meaning ascribed to such terms in the Indenture) : (A) Requisition Number: (B) Name and address of Payee: (C) Amount Payable, including total obligation, any amount previously paid and the unpaid balance: (D) Purpose for which paid or incurred (refer also to specific contract if amount is due and payable pursuant to a contract involving progress payments) : (E) Fund or Account and subaccount, if any, from which disbursement to be made: The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disburs~ment set forth above is a proper charge against the Construction Fund or the Account or subaccount, if any, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and construction of the Project and each represents a Cost of the proj ect that is due and has not previously been paid. The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to r-=.=cei ve payment of, any of the moneys payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof. GTH\HA~R[S\lS784,Ol\12/25i96 D-l "II :.'.,1" :, .:r :' /.: ..... _.. L'~:. . 1 6G 3 The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage which the District is at the date of such certificate entitled to retain and that the work to which the payment relates is satisfactory to the District (which satisfaction may bt= based upon a certificate of the Consulting Engineer) , Attached hereto are originals of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested. HERITAGE COMMUNITY DISTRICT GREENS DEVELOPMENT By: ~ Responsible Officer CONSULTI~IG ENGINEER'S APPROVAL FOR NON-COST OF ISSUANCE AND NON-CAPITALIZED INTEREST REQUESTS ONLY If this requisition is for a disbursement other than costs of issuance of the Series 1997 Bonds or payment of capitalized interest, or a requisition presented on the date of closing of a Series or Bonds, the undersigned Consulting Engineer hereby certifies that (a) this disbursement is for a Cost of the Project and is consistent with the applicable acquisition or construction contract for the portion of the Project with respect to which such disbursement is being made, (b) the Consulting Engineer approves the reqtlisition, (c) the amount requisitioned is due and unpaid, (d) that, insofar as the payment is to be made for work, material, supplies or equipment, the work has been performed and the material, supplies or equipment have been installed as part of the Project or any portion thereof or have been delivered either at the proper site or at a proper place for fabrication and are covered by the b;Jilde:.cs I risk insurance; (e) all approvals and permits for acquisition, construction, reconstruction, installation and equipping of the Project have been obtained or can reasonably be expected to be obtained in a timely fashion from all applicable Regulatory Bodies, and (f) that all work, material, supplies and equipment for which payment is to be made are, in the signer's opinion, in accorJance with the plans and specifications or duly approved change orders. CONSULTING ENGINEER By: Its: GTH\HARRIS\15784.01\12/26/96 D-2 .- - ~ '--mmrw-- --- ...... 1 1 bG 3 GTH\HARRIS\15784.01\12/26/96 D-3 --, -, ,~~~~--,. _.,~ .--_.,._......n".llfnllf--.. _._ --....-- ..~"V"" ll~. , . t" . . ~ .' ./, .} : ... EXHIBIT C FORM OF BOND See Exhibit C to the Trust Indenture 14 . ... I' " : \1" ~',,'" ,':' I' ." ..... f '.. . . '. . ',1- I 4'.." .. 1 6G 3 1 6G 3 EXHIBIT D PRELIMINARY LIMITED OFFERING MEMORANDUM 15 ':'~}{;/:;.: ').:.:S"'.~.:Y:S:,,',:,~' ~>>~::<",:;(;f,/< ''':~:',~'. ,::, "'i; ~::'::.<:: '. ,'.~'.:.:: ;">::~":,'::: :::~.:,I, .,.' :',: .:~: t '. ..' I ' . .... . '.' "I . 1,.' I ~: ~.' . '. ,.:... f If "'_11I11 "I ~ ~~ .... ~ 't! :i ~ ::I .... ~ ... .2 ~ ~ ~t s .s ~tt ....~': l t: ~ .. .. t: I:l ~ ,~ ~.~ ~ ~~~ J: e ~ ~ E ~ t: ~ ~ i ~ ~ ~ r~ :~ ~'~ ~ ~ .. '" .~ ~ " " .. 11 ~,~ ~ 0 ~ ~.... \I."~ ,~ ~ :t '5;.:).!l t: l:: ':i ~ ~ <:l t:"" ~ 'E :s ~ 't g E It t .~ ,lJ ~ <:I -1:: ., t: ~ .. E:::: 0 tI .: ~ ~ '"' '-a t: E.,:: .9 ~ ~ '\; >. C> - E "': ~ ~ t ..,~ ~ ~ ~ '"!5 ~ t: :a " '" :.z- t .~ ~~:.." " :;;, 1 .. Q E ,5 ,0: .. ~ t~~ t.... . ..0:: " ~~E ,5 5 .:1.. ". '" i: ~ ~ :: ~S ,~~ .~ E::< ~ ~ ~ ~ 5 ~ tl " 0: -A:: -<: " ~ ~~~ 0: ,,~ .. .... '" E "" '" ~ ,5' ~ 0: .. " ~~.c, Q C t ~ ~ ~ ~.~ ~ ~,~ 'S ,~ .... ls " " z: ~'S ~ ~ E"" r .. ,_ <:: C) :l ~ ~~ ...... e r~.::3 I,..,:: 5 ,~ , '~~.c: Cl.. '- ~ l:~ { ,::l t '~ ~ ~ Q1..s BII"'iIm"----- -!'I'IIr -............. .-:r .- -"'-- -'------ --.'- PRILL\UNARY LIMITf,D OFFERING MEMORAl't"DUM DATED NOVEMBER 27, 1996 1 6 G 3 In rr.. "I'm''''' ofBo"dCCAtTtUl. .:u:wrtl"i """PI","" Mlh cxunng ,lCtWU. ~IaI'OI'U. "'''"i' and '''''11 d~""01'\J, '""N!II 0" 1M SondI u r.u:lwskdfrctn fTOu ""'0"" fa- f,Am! ,rcom~ tar fNTPO'<J, H~" ,,, "Tal Marr.n' Mrc'"fo' /2 d",npl,a" O(I"~ (.tierol all.rnellvc ""","',,''' lax 0" ,0'7X"ar,0f'lJ QJ1:J '''T'''" ",Ite, (.dt,,,1 rQ.t coru,:;>,.n,., a( uwMnh,p o( rite BondJ TM BondI have bun MIII"ottd by Ih. Dumcl at 'qw:>"ji.d lax "u"'pI obl'IOIIO"l1' "",h," 1M '''0"'"1 of Sur,o" 26J"')(3i O(I~ Cod., r~ '"""" 0" ",Ill'" "'ay be 'J,dJUi.d (r-olft lilt alUxallo" rr'1"'T'Yd o(ctrTa,,, """1'1<:,01 :rt,I,IU/JON' ,,""er. "nd <u dtfiMd,." Sterro" 16Jr'b) of/Iv Coa, BondC04UUII,f fw"'h., cflht apl""" ....1 1M Do"dI and I~ 1"I<N!1I IMreo" art u''''pl (ro'" IQUlI,O" u"der 1M""", o(lh. S,ar. o(Flo"lda. OC'p'41 '" e..s:a:r lC:U,z end I<.%1<J 1'''FXUtC by Chapr" ;)0, Fkmda :;r"/1.II<:, 0" ,"Ier"', "11:0"" 0' p,ofiu 0" d.bl obl,zallolU cn<mcd by <0'PO'01l0"1 41 dtfinld '" C NJP'" no, New Issu~ Full Book.Entrv Only $6,000,000* HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT (Collier County, Florida) Special Assessment Bonds, Series 1996 Dated: December 1, 1996 Due: l\la)' 1 <as sh~'n be101'') The Bcrld> ..." i..uable onJy in full)' ~gi...r=l form, ...i!.hout ooupons. in clcnomizwions of S',OOO and int.,"1 multiplet in cxcer. ~)f; pnmdcd thai upon wli.l ~,the Bond. ",ill be otrcn:rllo i.n.itial purch&.SCT1 in. minimum 'iV"I'tc principal lUle-unl ofS1oo,OOO, The Bondi will bear inla"ool II Lhc flXCd r&l.a Iltt for1h below. C4lcu1.ol<d on 1>< boooU ofl:lW-d.1)' t".. ooropn-l O(:~lvc thitry-<\.&y mCl'lllu. pa)'ahle K1%'';'IMIUllly on uch MIY 1 and l'ovcmbcr 1. COlllZ!XnCin. ~toy I, 199"7, The Bcr.da.,.+c:r, iaucd. will be n:gil1=d i~ the name of(Mk I/. C4,." Bondownc:1' and ~ for Th. DC'pCIitory TNI Company ("DTC"). New York, Ncw yen. p."""hA."" of benefici.1 inlcr:sU in the BandA ",ill be made in book<ntry only form, ^"<>rdin.ly, principal of and in\a'c:lt OIl Lhc Bonda will be paid by Fint Union N.lional Bank of Florida, Mill1li, Florida, AI t'Ultcc (the "Tnnle.') directly 10 DTC .. the n:gistcn:d owner thereof, DillNnmlmu of NOh pa)'Il>C'Il1l1O Lhc OTe Pr.ictprt, is 1>< rapc:nI1bility of DTC r.d diW.nc:mcnts of II.1cl1 p4ymmU 10 !he bendi ci II owner> is th. ruponsibility of DTC Participanu ond Lhc lndin:<:l Participents. . <nOn: fully daaibo:l t>erc-in A1rt ~ II I b:ndicial owner of. Bond mllAI m.i.nl.lin an lUOunl with . broker Of' dc-...lcr who i.t., or actl thto"ih, . orc Partieipant 10 n:~,ive p..symenl of lJIe princip..sl of &nd Wlere.1 on .uth Bond. See "Dc1criPlion of the BondA . Book.Entry Only SY1tcm' herein. The Bench arc being iuucd by Hc:ril.lgc arm" Comm.,ruty Ocvelopmmt District (the "Di.lIict') under and pllnu.ant to the Uniform COl1It"mily ~Iopmcnt Dtrtriel AD. of I9!O, ~ 190. Florida SI&nAa, . ~ (the. AD.") C\d. TlUJt tndm!\lrc, elAled IS of December I. 1996 (the .tndennore'), CrOCi !he DiwiellO Lhc T r\IIl.cc, The Bonds lTe equally It'd rlubly >ccur<d I",dcr lJI. tndmturo by I [",I lien upon and pledge of .pceia' UlcummtJ (th. 'Sp"ial Awtumcnl.o') IIpOlIland within the Di,triCl rpccl&lly benetitted by C<rt.Il1\ infr",tructun: imprcr.-cmmU 10 be acquired. ccrul.-...:led and equipped by the Diltriel from the pl'llCCC.d. of the Benda (....,... pwticuJlTly d",c,ibed berein. th. "?rojtCl") Th. BondA an: addition.lly Kcur<d by &lDounlJ on clcp<>til i.n t~. funds and acc"""lJ. othcr th... the Reb<st. Fund and the COIlS of l..u.ance Acc<>",,!. cruled p....UIllI Ie the tndenlUrt (the '1'led.ed FundA"). PUnU&1'lll. Ch.pur 189, Florida SI.IUI.... lh. Bond. m.y onl] be oIT.m to ..,.....dl.." Invftt/2n' .mhln l~ m"anlnc 0' ChapIn SI'. Flori4. s..rvtn .nd lh. rul.. p",",ulc"rd thertu"d.., Th. BondI aN lubJ..-t !C. .pllonal, mand.tory Ilnklnc (und and utnoonlin&lj' manclal"-" ""nnp(ieft pri<Ir t. m.n.rit)', .. m..... (ull, dnerlb.d h.....ln, NEITHER THE BO/'l"DS NOR THE L'ITEREST AA"D PREl\UUM, IF AAJ', PAYABLE TIIEREON SHAll CONSTITUTE A GEl'l"IRAL OBLIGATION OR GENERAL INDEBT[D~'ESS OF THE DISTIUcr WfIlIIN THE MEANING OF nIT CONSTITUTION AND LAWS OF FLORIDA. THE BONDS AND nu: rr.'TEREST AND PRIJ\t.JUM. IF ANY, PAYABLE THEREON DO NOT CONSTITUTE EITHER A PLEDGE OF THE FULL FAITH AND CREDIT OF THE DISTRlCf OR A LIEN UPON "'''1' PROPERTY OF THE DISTRICT OTHER TItAN AS PROVIDED L"i nIT INDEi'TURE. NO OWNIR OR ANY OTHER PERSON SHALL EVER HAVE lHE RIGHT TO CO:\'lPEL nn: EXERCISE OF A.."''Y AD V ALOREM TAXING POWER OF TIIT DlSTRKT OR ANY OTHER PUBLIC A UTIi 0 RITY OR GOVER.~MENTAL BODY TO PA Y THE PRINCIPAL OF, OR L'ITEREST AND PREMIUM, IF At""")', ON THE BOi'<'DS OR TO PI. Y ANY OTIIER A..\lOUNTS REQUIRED TO BE PAID PURSUJ..NT TO THE IJ'iDENTURE OR THE BO:'olDS, RATHER, ALL SUCH AMOlJ1'loTS SHALL BE PA YABLE SOLELY FROM, AND SHALL BE SECURED SOLELY BY, THE PLEDGED REVENUES (AS DEFIJ'H:D IN TIll: INDENTURE) AND THE PLEDGED FUNDS (AS DEFINED IN THE mDE~,'TURE) ALL AS PROVIDED mEREIN. MATURITY SCHEDULE 56,000,000 ./. Term Bonds due Ma)' 1,2016 (price: %) (accrued interut to be added) TIv Bonds arr off.r-cdfO<" drl"",,,! ",htl1, a.r ,,~d r(lJ/1I.ed by I~ Durner a"a aceep"d by Iht U"a.,.,..,.,,,,, /1I.bJtCl 10 pno' ,01.. w,Ihd.aw<s1 0' ",odrji,at'o" o(11v off.. wrtrcur """c< ond rh. ..ee;pr oflh. oplnro" of legahr)' by 0...nbt7 T,,^,nz Hoff",a" Llpeff Roft" &- Qu~"ltl, P .A,. TalIah",,,,,. Flcnda. Sa"" CCWNtI, OJ to I'" ""llduy of the Borui.J and :h. ucludabllrr)' o/Inl"es; rh..eo" from 1'011 mco",~ fo' (.okral ,""om. l:u J7'l'7X'UJ, C.rTa," I.gal ",ont'" ""II bt p<UJ.d kpo"(or,'" L'"a....rrltr by rlI ,ow,ul No!:>?I'1, G,olln &- ..../C1a1'10f1. P.A.. T o"'pa. Flondo: (0' Iht Durn'l b,Y 1/1 ,,,,,,,,.1. r"""i, YO" Autfld.rp &- V""""~, P.A , ,\'opln Flcnd:J andror rh. Trwr.. ~,Y 111 eOk~.ul, Ho/~"d &- Knrghr, M,a"". Flonda. It II up.ered Ihor Ih. BondI ",,11 b. tkl,vc'zd '" bcoJc""lry formlhl'014gh t~ /...I1I/ICJ a(Tio DtpoJllory Tncl Co "'pony, N~ )'0'*. ."'~ Yo'* 0" 0' aboul D<c~",be, . J996. December .1996 William It Housh & Co. . PreIimin.ary. subjec1 to change, ~'___~~Y'..._~ ~ "-.'" ,,'~ ..".. ~....~~r""'~'~"'~__""-'~."-7~,1 ft......~~""l.tIJ"_....._----v>...._~__~~__~_. . . 1< ';: : . ,'. t' ~ ~ 1 6G 3 No dealer, broker, salesperson or other person has been authorized by the Heritage Greens Community Development District or the Underwriter to give any information or to make any representations, other than those contained in this Limited Offering Memorandum, and, if given or made, such other information or representations must not be relied upon as having been authorized thereby. This Limited Offering Memorandum does not constitute an ofTer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Bonds by any person, in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Limited Offering Memorandum nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change ill the affairs of the Heritage Greens Community Development District since the date hereof, IN CONNECTION WITH mIS OFFERING, THE UNDERWRITERS MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRlCE OF TilE BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, l\1A Y BE DISCONTINUED A T ANY TIME. ~~~-:.;l""'~~~""'_"""~I___.""''''_~''~",,,,__,,,,,,,,,,,,o.;.,_ _.......""It'.~-. ~ _~_-~ ~.."",~~. ~~ ~ "it" _,'~~.,.. ~...-..._ _ ......~~_ . '. :',";-.'.: : '.:~ ~ 1 6G 3 Table of Contents Page Introduction ',.",."""" Description of the Bonds, . , , , , , , , , , , , , , , ,. 2 General Description, . , , , . . , , , . , , . , . '. 2 Redemption Provisions ,.,."."",." 3 Notice of Redemption .,',.".,.."." 5 Purchase of Bonds , , , , , , , , . , . , , , , , , " 6 Acceleration , , , , , . , , , , , , , . , , . , , , , , " 6 Book-Entry Only System, . , , , , , , , , , , " 6 Flow of Funds ..".,'"..."..""" 8 Security for and Source of Pa)ment of Bonds" 9 General, . , . , , , , , , , , , , . . , , . . . . , , , , " 9 No Parity Bonds; Parity Liens of Other Assessment.s and Taxes , . . , , , , , , . , , " 10 Reserve Fund, , , , , , , , . , . , , , . , . . , , " 11 Enforcement and Collection of Assessments , , , . , , , . , , , , , , , , , , , , , " II Prepayment of Assessments """"', 12 Adjustments to Assessments , , , , , . , , " 12 Assessment Methodology ..,'..,'.", 13 Structure of Assessments, , , , . . , , . , , " 13 Methodology .,""""..""""" 13 Bond O\'ffiers' Risks ""'""",.".,." 14 The Project , , , , . . , , , , , , , , , . , , , , , , , , . , ., 15 General, , . , , , . . , , . , . , , , , , . , . , , , , ., 15 Payment of Certain Costs IncUITt"d by the LandO\\T1er for the Dj strict. , , . , , . ' , , " 16 Estimated Sources and Uses of Funds ,. , '." 16 The District "",.,."..""".,."",. 17 General Information, , , . , , , , , , , , . , . ., J 7 Powers "',..".,."",.,."".", 1 7 Board of Supervisors . . , , , , . , , , , . . . '. 18 The District Manager. . . . . , , , , . , , . . '. 19 Outstanding Debt, , , , , , , . , , , . . , . , . '. 19 The Development, the Lando\'ffier and U.S. Home, , , , . , , . , , , , , , , , . . , . , , . , , . ., 19 Page Ta.x Matters ... ."".......,..."".... 28 Agreement by the State "",.,.,."".... 29 Legality for Investment .........,.."..,. 30 Suitability for Investment. , , . , . . , . , . . , , . " 30 Continuing Disclosure ...,..,.,..,..."" 30 Disclosure Required by Florida Blue Sky Regulations ",.,."..,.,.........."., 31 Litigation ..,.,',."........,..,....... 31 Underwriting, , . . , , . , . , . , , . . , , . . , . . . . . ,. 31 Experts '. , . , , . , , . , , , . . , . . . . , , . . , . . . , " 32 Financial Advisor. . . . . . . . , . . . . . , , . . . , . .. 32 Validation. , , . . , . . . . . . . . . , , . . , . , , . , . , .. 32 Legal Matters "'" , , , , . . , , . , . . , . , , . ' . '. 32 Miscellaneous. , , , , , , . . . , . . , , . , . , , . , , . ,. 32 Appendices: A - Report of Consulting Engineers B- Certain Information Regarding Collier County, Florida C. Form of Indenture D. Proposed Form of Opinion of Bond Counsel E . Assessment Methodology F. Form of Continuing Disclosure Agreement 11 V:,1,:~~',: I;'::,<,~'i')~~ \-."'::':;:'i)'~':' '/ :;';,': >:.~ }':r :',' <, i . j.:',,:;;,,:,.,' :'.. ."'" ',',; :' ,': . I ':'" " , ,. ... ,j. , ~. ~f' ~ I.J..,~..':....... 1 6G 3 (This page intentionally left blank) '.':";1~ /~{ ~;~"'~ <:';>: 1 6G 3 Limited Offering Memorandum $6,000,000 Heritage Greens Community Development District (Collier County, Florida) Special Assessment Bonds, Series 1996 Introduction The purpose of this Limited Offering Memorandum., including the cover page and appendices hereto, is to set forth certain information concerning the Heritage Greens Community Development District (the "District"), in connection with the offering and issuance of its Heritage Greens Community Development District Special Assessment Bonds, Series 1996 (the "Bonds"), The District was created and established pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the "Act"), as a community development district. The Bonds are being issued pursuant to the Act and a Trust Indenture, dated as of December I, 1996 (the "Indenture"), from the District to First Union National Bank of Florida, Miami, Florida, as Trustee (the "Trustee"), and a resolution adopted by the Board of Supervisors of the District authorizing the issuance of the Bonds, All capitalized terms used in this Limited Offering Memorandum that are defined in the Indenture and not defined herein shall have the respective meanings set forth in the Indenture, the full text of which appears as Appendix C hereto The Bonds are not a suitable investment for all investors (see "Suitability for Investment" and "Bond Owners' Risks" herein) Prospective investors in the Bonds are invited to visit the District, ask questions of representatives of the LandoVvner and U.S, Home (as each is hereinafter defined) and to request documents, instruments and information which may not necessarily be referred to, surrunarizcd or described herein. Therefore, prospective investors should rely upon the information appearing in trJs Limited Offering Memorandum within the context of the availability of such additional information and the sources thereof Prospective investors may request such additional information and arrange to visit the District as described herein under the caption "Suitability for Investment. " The District was established by Ordinance of the Collier County Board of County Commissioners on July 20, 1993, as amended by Ordinance No, 93-70 enacted on September 28, 1993, under the prOvisions of the Act for the purposes of financing and managing the acquisition, construction, maintenance and operation ofa portion of the infrastructure necessary for community development. The Act authorizes the District to issue bonds for the purpose, among others, of financing, funding, planning, establishing, acquiring, constructing or reconstructing, enlarging or extending, equipping, operating and maintaining water management, water supply, sewer, waste water management, bridges or culverts, district roads, street lights and any other basic infra.structure projects vvithin or v.,rjthout the boundaries of the District. The Bonds are being issued to finance the acquisition and construction of certain assessable improvements as more particularly described in the Report of the Consulting Engineer which appears >...t \..:40 ....~/ ~'#.'4~ 1 6G 3 herein as Appendix A (the "Project") See "The Project" herein. Proceeds of the Bonds will also be used to fund a Reserve Fund and capitalized interest on the Bonds for a period of approximately twenty-four (24) months, The Bonds are payable from and secured by special assessments imposed, levied and collected by the District on land within the District specially benefitted by the Project (the "Special Assessments"), The Indenture provides that no additional bonds or other obligations may be issued on parity 'With the Bonds or have a senior lien on the Special Assessments and other assets pledged under the Indenture as security for the Bonds (see "Security for and Source of Payment of Bonds," herein), EVEN TI-IOUGH NO PRIOR OR FUTURE BONDS Wll.L BE PAYABLE FROM OR SECURED BY TIlE ASSESSMENTS PLEDGED AS SECURlTY FOR THE BONDS, THE ASSESS!vfENTS PLEDGED AS SECURITY FOR THE B01\roS MAY OVERLAP fu~1) WOULD BE LIENS CO-EQUAL \\1TII LIENS FOR ASSESSMENTS IMPOSED AND LEVIED BY THE DISTRICT WITH RESPECT TO ADDITIONAL ASSESSABLE PROJECTS AA'D LIENS (see "Enforcement and Collection of Assessments"), There follows in this Limited Offering Memorandum a brief description of the District, the Project to be constructed and acquired with the proceeds of the Bonds, together with summaries of the terms of the Bonds, the Indenture and certain provisions of the Act. All references herein to the Indenture and the Act are qualified in their entirety by reference to such documents and all references to the Bonds are qualified by reference to the definitive forms thereof and the information with respect thereto contained in the Indenture, the full text of which appears as Appendix C hereto, The information herein under the captions "The Development, the Landowner and US, Home -General," "Market for the Development," and "_ the Landowner" has been furnished by the Landowner and the information herein under the captions "The Development, the Landowner and US, Home - V.S, Home," including the information incorporated therein by reference, has been furnished by US, Home, all of which has been included herein without independent investigation by the District or the Underwriter, and neither the District nor the Underwrit~r makes any representation or warranty concerning the accuracy or completeness of such information, Neither the Landowner nor V,S, Home makes any representation or warranty as to the accuracy or completeness of information contained herein which has been furnished by any other party to the transactions contemplated hereby, Description of the Bonds General Descn'ptivn The Bonds are issuable as fully registered Bonds, without coupons, in the denomination of $5,000 or any integral multiple thereof; provided, however, that the Bonds will be deliverable to the initial purchasers in denominations of $] 00,000 or integral multiples of $5,000 in excess of $] 00,000, The Bonds will be dated December], ] 996, and, will bear interest from the Interest Payment Date next preceding their date of registration and authentication and will bear interest from the L,terest Payment Date immediately preceding the date thereof to which interest has been paid, unless any such Bond is registered and authenticated as of an Interest Payment Date, in which case it will 2 ,~~"~..~~----... _~"'-L-"~' 'T ~ -)--........... ~"--~------... ----- --_.__._~--... ,. ",L t""':': ..... .: 'J . I. ~ .' 1 6G 3 bear interest from such Interest Payment Date, or unless a Bond is registered and authenticated prior to delivery to the initial purchaser thereof, in which event such Bond will bear interest from its dated date, or unless, as shown by the records of the Trustee, interest on the Bonds is in default in which event such Bond will bear interest from the date to which interest was last paid on such Bond to maturity or earlier redemption, The Bonds will be initially issued in the form of a separate single certificated fully registered Bond. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Trustee in the name of Cede & Co., as Nominee of Depository Trust Company, New York, New York ("DTC"), the initial Bond Depository. All of the Outstanding Bonds v.ill be registered in the registration books kept by the Trustee in the name of Cede & Co., as Nominee of DTC (see "Description of the Bonds - Book-Entry Only System"), With respect to Bonds registered in the registration books kept by the Trustee in the name of Cede & Co., as Nominee of DTC, the District, the Trustee and the Paying Agent will have no responsibility or obligation to any Bond Participant (hereinafter defined) or to any indirect Bond Participant. Without limiting the immediately preceding sentence, the District, the Trustee and the Paying Agent will have no responsibility or obligation with respect to: (i) the accuracy of the records of DIC, Cede & Co, or any Bond Participant with respect to any ownership interest in the Bonds; (ii) the delivery to any Bond Participant or any other person other than a Bondholder, as shown in the registration books kept by the Trustee, of any notice with respect to the Bonds, including any notice of redemption; or (iii) the payment to any Bond Participant or any other person, other than a Bondholder, as shown in the registration books kept by the Trustee, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The District, the Trustee and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Trustee as the holder and absolute owner of such Bond for the purpose of payment of principal of, premium. if any, and interest with respect to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers v.:ith respect to such Bond, and for all other purposes whatsoever. The Paying Agent will pay all principal of and premium, if any, and interest on the Bonds only to or upon the order of the respective Bondholders, as shown in the registration books kept by the Trustee, or their respective attorneys duly authorized in writing, as pro"ided in the Indenture, and all such payments will be valid and effective to fully satisfy and discharge the District's obligations with respect to payment of principal 0[, premiul1\ if any, and interest on the Bonds to the extent of the sum or sums so paid, No person other than a Bondholder, as shown in the registration books kept by the Trustee, will receive a cenificated Bond evidencing the obligation of the District to make payments of principal, premium, if any, and interest pursuant to the provisions of the Indenture, Redemption Provisions Optional Redemption. The Bonds may, at the option of the District, be called for redemption as a whole, at anytime, or in part on any Interest Payment Date on or after May 1, _ (less than all Bonds of such maturity to be selected by lot), at the redemption prices (expressed as 3 ~'IIIlIII""f1'-";.~",,,,,,,,,,,,-,.~ -........ p' -,--_.. - "-'Ii -II ---.--_.. --,. --~. 1 6G 3 Redemption Periods lDates lnclusiv,;) Redemption Prices I J percentages of principal amount) set forth in the following table plus accrued interest from the most recent Interest Payment Date to the redemption date: , 1. I 1 Mandatory Redemption of Bonds. The Bonds are subject to mandatory redemption in part by the District by lot prior to their scheduled maturity from moneys in the Sinking Fund Account established under the Indenture in satisfaction of applicable Amortization Installments at the Redemption Price of 100% of the principal amount thereof, without premium, plus accrued interest to the Redemption Date, on May 1 of the years and in the principal amounts set forth below: i.. May 1 of the Year Amortization Jnstallment May 1 of the Year Amortization Installment I I I I 1 The average life of the Bonds based upon the foregoing Amortization Installments is_ years, It is however anticipated that Bonds will be prepaid as Special Assessments are prepaid either in whole or in part as lots are sold, See "Description of the Bonds - Redemption Provisions - Extraordinary Mandatory Redemption" below, lfBonds are redeemed during any Bond Year in an amount which exceeds the Amortization Installment for that Year, the foregoing Amortization Installments will be recalculated so as to 4 ~",_....~)I'r.lIIl~,-'J7_'- -,,~ ..~~--_. ----..~.._.-".~-~- ~ &tW~ ~/-_.~.- -I; ~:,': ,,~, ,\.... . '"r ."~~J~:', .\... :', ----- --I 1 6G 3 amortize, as nearly as possible taking into account rounding for Authorized Denominations, the outstanding balance of the Bonds over the remaining term thereof. E.xtraordinary IVlflndatory Redemption in Whole or in Part. The Bonds are subject to eX1raordinary mandatory redemption prior to maturity by the District in whole, on any date, or in pan, on any Interest Payment Date, at an extraordinary mandatory redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued to the redemption date, (i) from moneys deposited into the Bond Redemption Fund following the payment in full of Special Assessments within thirty (30) days after the completion of the Project and acceptance thereof by the District in accordance with the Indenture; (ii) from moneys deposited into the Bond Redemption Fund following the payment in full or in part of Special Assessments as a result of any prepayment of Special Assessments at any time subsequent to thirty (30) days after the completion of the Project in accordance with the Indenture, or as the result of any foreclosure, sale of tax certificate or other remedial action for non-payment of Special Assessments; (iii) following condemnation or the sale of any portion of the District Lands to a governmental entity under threat of condemnation by such governmental entity and the payment of moneys by such governmental entity to the Trustee for deposit into the Bond Redemption Fund in order to effectuate such redemption; (iv) from excess moneys in the Construction Fund transferred to the Bond Redemption Fund pursuant to the Indenture after completion of the Project, as evidenced by the certificate of the Consulting Engineer and the District Manager required by the Indenture; or (v) from moneys, if any, on deposit in the Bond Redemption Fund pursuant to the Indenture following the damage or destruction of all or substantially all of the Project to such extent that, in the reasonable opinion of the District, the repair and restoration thereof would not be economical or would be impracticable; provided, however, that at least forty-five (45) days prior to such extraordinary mandatory redemption, the District must cause to be delivered to the Trustee (x) notice setting forth the redemption date and (y) a certificate of the Consulting Engineer confirming that the repair and restoration of the Project would not be economical or would be impracticable Notice of Redemption Notice of each redemption of Bonds is required to be mailed by the Bond Registrar, postage prep<ild, not less than thirty (30) nor more than sixty (60) days prior to the Redemption Date to each registered O\.vner of Bonds to be redeemed at the address of such registered Owner recorded on the bond register maintai:1ed by the Registrar, On the date designated for redemption, notice having been given and money for the payment of the Redemption Price being held by the Trustee, all as provided in the Indenture, the Bonds or such portions thereof so called for redemption will become and be due and payable at the Redemption Price provided for the redemption of such Bonds or such portions thereof on such date, interest on such Bonds or such portions thereof so called for redemption will cease to accrue, such Bonds or such portions thereof so called for redemption will cease to be entitled to any benefit or security under the Indenture and the Owners thereohvill have no rights in respect of such Bonds or such portions thereof so called for redemption except to receive payments of the Redemption Price thereof so held by the Trustee, Further notice of redemption \viIl be given by the Tmstee to certain registered securities depositories and information services as set forth in the 5 __"'Il~..-...--.~..._ ___.....p........~-""'"~..."..-,..._"...,...:w_ _ _~",_".""\~_"'-'~ _._......~. _~?IE'\l.__ ",..,../--~y..-.~.. >;)I,,~\, '>'~:: ,~,,;.,,-:', ',::'~', ::.',':; ,'" :::":, ::.:',:, . ") ~" .: ~ .,. ~: . 1 6G 3 Indenture, but no defect in said further notice nor any failure to give all or any ponion of such funher notice will in any manner defeat the effectiveness of a call for redemption if notice thereof is given as described above Purchase of Bonds At the written direction of the District, the Trustee will apply moneys from time to time available in the Slnking Fund Account to the purchase ofTenn Bonds, at prices not higher than the principal amount thereo~ in lieu of mandato!)' redemption, provided that finn purchase commitments can be made before the notice of redemption would otherwise be required to be given, In the event of purchases at less than the principal amount thereof, the difference between the amount in the Sinking Fund Account representing the principal amount of the Bonds so purchased and the purchase price thereof (exclusive of accrued interest) will be transferred to the Interest Account of the Debt Service Fund, In lieu of paying the Debt Service Requirements necessary to allow any mandatory redemption of Bonds from the Sinking Fund Account, the District may present to the Trustee Bonds purchased by the District and furnished for such purposes; provided, however, that no Bonds so purchased will be credited towards the Debt Service Requirements in respect of the mandatory redemption of Bonds for which notice of redemption has been given pursuant to the Indenture, Any Bond so purchased must be presented to the Trustee for cancellation, In such event, the Debt Service Requirements with respect to the Bonds for the period in which the purchased Bonds are presented to the Trustee will, for all purposes under the Ir.denture, be reduced by an amount equal to the aggregate principal amount of any such Bonds so presented, Acceleration The Indenture does not pcrrnit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default thereunder. Book-Entry Only System The Bonds \\:111 be available in book-entry fonn only, in the principal amount of $5,000 or any integra! multiple thereof Purchasers of the Bonds will not receive certificates representing their interests in the Bonds purchased, The Underwriters are to confinn original issuance purchases \l,1th statements containing certain tenns of the Bonds purchased. The Bonds will be held by DTC as securities depository, The ownership of one fully registered Bond as set forth on the cover page hereof, in the aggregate principal amount of the issue, will be registered in the name of Cede & Co. as nominee for DTe. DTC is a limited-purpose trust company organized under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Unifonn Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17 A of the Securities 6 ----r~- ---~ - ~---~-- -..-- . . --- - .-. 1 6G 3 Exchange Act of 1934, as amended, DTC was created to hold securities of its participants ("DTC Participants") and to facilitate the clearance and settlement of securities transactions among DTC Participants in such securities through electronic book-entry changes in accounts of the DTC Participants, thereby eliminating the need for physical movement of securities certificates, DTC Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations, certain of which ovm DTC either directly or through their representatives, Access to the DTC system is also available to other entities such as banks, brokers, dealers and trust compaJ".ies that clear through or maintain a custodial relationship v.ith a DTC Participant. Purchases of the Bonds may be made by or through brokers and dealers who are, or act through, DTe Participants. Such DTC Participants and the persons for whom they acquire interests in the Bonds as nominees will not receive certificated bonds, but each DTC Participant \\;11 receive a credit balance in the records ofDTC in the amount of such DTC Participant's interest in the Bonds, which will be confirmed in accordance with DTC's standard procedures, The ownership interest of the actual purchaser of each Bond (the "Beneficial Owner") will be recorded in the records of the DTC Participant. DTC Participants are required to provide Beneficial Owners with a written confirmation of their purchase containing details of the acquired Bonds, Transfers of ownership interests in the Bonds will be accomplished by book entry made by DTC and by the DTe Participants who act on behalf of the Beneficial O\.Vr1ers. The Trustee will make payments of principal of, premium, if any, and interest on the Bonds to OTC or its nominee, Cede & Co" as registered O\.Vr1er of the Bonds. The current practice of DTC is to credit the accounts of the DTC Participants immediately upon receipt of moneys in accordance with their respective holdings as shown on the records ofDTC. Payments by DTC Participants to Beneficial O\VT1ers will be in accordance with standing instructions and customary practices such as those which are now in effect for municipal securities held by DTC Participants in bearer form or registered in "street name" for the accounts of customers, and will be the responsibility of DTC Participants and not the responsibility of DTC, the Trustee or the District, subject to any statutory or regulatory requirements as may be in effect from time to time, The Trustee and the District \vill send any notice of redemption or other notice only to DTe. Any failure ofDTC to advise any DTC Participant, or of any DTC Participant to notify the Beneficial Owner, of any such notice and its content or effect will not affect the validity of the redemption of the Bonds called for redemption or of any other action premised on such notice, Redemption of portions of any maturity of the Bonds will reduce the outstanding principal amount of such maturity held by OTC In such event, DTC may implement, through its book-entry system, a redemption of Bonds held for the account ofDTC Participants in accordance with its own rules or other agreements with DTC Participants, and then DTC Participants may implement a redemption of Bonds for the Beneficial Owners. NEITHER THE DISTRICT NOR THE TRUSTEE WILL HA vr. A~Y RESPONSInUXrv OR OBLIGATlON TO DTC PARTICIPANTS OR TIlE PERSONS FOR WHOM DTC PARTICIPANTS ACT AS NOMINEES WITH RESPECT TO THE BONDS, 7 : ....,:...J,:~.~ :,jt;{ ."'.j::: ~ ... ~"'., :, "".<,! "J '..",; ~..~.,,~. ".l~ .....: . ~.'r . t, . . . '. . ., , ~ ," I , . ; .. ,..""...._ ~.:., . ..,~: .', '. .;-.' ._"....... '": ... '. ,,' ',: I." .. 1 6G 3 THE ACCURACY OF RECORDS OF DTC, CEDE & CO. OR ANY DTC PARTICIPA~T WITH RESPECT TO TIfE BONDS OR THE PROVIDING OF NOTICE OR PAYMENT TO OTC PARTICIPANTS OR BEi'iEFICIAL OWNERS OR THE SELECTION OF BO~DS FOR REDEMPTION. The District and the Tmstee cannot give any assurances that DTC, DIC Participants or others will distribute payments of principal of, premium, if any, and interest on the Bonds paid to DTe or its nominee, or any redemption or other notices to the Beneficial Owners, or that they will do so on 3 timely basis or that DTC will serve or act in a manner described in this Limited Offering Memorandum, For every transfer and exchange of the Bonds, the Beneficial Ov.'I1er may be charged a sum sufficient to cover any tax., fee or other government charge that may be imposed in relation thereto DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the District and the Trustee and discharging its responsibilities with respect thereto under applicable law, In addition, the District may determine to discontinue the use of book- entry transfers through DTC (or any successor securities depository), Under such circumstances, certificated Bonds are required to be delivered as described in the Indenture. In the event that the book-entry only system is discontinued, the following provisions will govern the transfer and exchange of Bonds, Bonds will be exchanged fei an equal aggregate principal amount of corresponding Bonds in other authorized denominations and of the same maturity ("Replacement Bonds"), upon surrender thereof at the principal corporate trust office of the Trustee, The transfer of any Bond will be registered on the books maintained by the Trustee for such purpose only upon the surrender thereof to the Trustee with a duly executed instrument of transfer or authorization for exchange in form satisfactory to the Trustee. For every exchange or transfer of registration of Bonds, the District and the Trustee may impose a charge sufficient to reimburse them for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge may be made to the Beneficial Ov.mer for any exchange or registration of transfer of the Bonds, The Trustee will not be required to transfer or exchange (i) any Bond during a period beginning at the opening of business fifteen (15) days preceding an Interest Payment Date or five (5) Business Days preceding any date on which Bonds will be selected for redemption, and cnding at the close of business on the Interest Payment Date or day on which the applicable notice of redemption is given or (ii) any Bond selected, called or being called for redemption in whole or in part Flow of Funds The IndenhJre establishes a Revenue Fund into which the Trustee is required to deposit any and all Special Assessments for the payment of Bonds and other payments required under the Indenture, provided, however, that amounts received as prepayment of Special Assessments in excess of the amount required to pay the current Debt Service Requirements on the Bonds Outstanding shall 8 ___.,..___...__~-"--.~~.,'-._.- __'"..._ ___ __~ _ .._ _. . __ilJllII' \IIlIIIIIlII_, p".r...__~ 1 6G 3 be deposited into the Prepayment Account of the Bond Redemption Fund. The Revenue Fund will be held by the Trustee separate and apart from all other Funds and Accounts held under the Indenture and from all other moneys of the Trustee. On or before each Interest Payment Date, the Trustee will transfer from amounts on deposit in the Revenue Fund to the Funds and Accounts designated below, the follo'Wing amounts in the following order of priority: FIRS T, to the Interest Account of the Debt Service Fund, an amount equal to the amount of interest payable on all Bonds then Outstanding on such Interest Payment Date, less any amount already on deposit in the Interest Account not previously credited; SECOND, to the Principal Account of the Debt Service Fund, an amount equal to the principal amount of Bonds maturing on the next succeeding May 1 plus an amount equal to any deficiency in the Principal Account as a result of an insufficient transfer on the immediately preceding Interest Payment Date, less any amount already on deposit in the Principal Account not previously credited; THIRD, begiMing on May 1, 1999 and on each Interest Payment Date thereafter, to the Sinking Fund Account of the Debt Service Fund, an amount equal to the principal amount of Bands subject to mandatory sinking fund redemption on the next succeeding May 1 plus an amount equal to any deficiency in the Sinking Fund Account as a result of an insufficient transfer on the immediately preceding Interest Payment Date, less any amount already on deposit in the Sinking Fund Account not previously credited; FOURTH, to the Debt Service Reserve Fund, an amount equal to the amount, if any, which is necessary to make the amount on deposit therein equal to the Debt Service Reserve Requirement with respect to the Bonds; and FIFTH, to the Bond Redemption Fund. Notwithstanding the foregoing. if the period between Interest Payment Dates is other than six (6) months with respect to any Series of Bonds, then such transfers will be adjusted accordingly so that sufficient moneys will be on deposit in the Funds and Accounts to provide for the timely payment of such Bonds, Security for and Source of Payment of Bonds General The Bonds are secured equally and ratably by a first lien upon and pledge of all Pledged Revenues, which include primarily, special assessments imposed in connection with the Project which arc levied and collected by or on behalf of the District pursuant to Chapter 170 and Section 190,022 of the Florida Statutes and pursuant to the assessment roll approved by resolutions of the District, 9 . ~. "..: I.". ,'" ... , I" , :~"". 1 6G 3 together with the interest specified in resolutions adopted by the District, the interest specified in Chapter 170, Florida StanHes (1995), if any such interest is collected by or on behalf of the District, and any applicable penalties collected by or on behalf of the District, together with any and all amounts received by the District from the sale of tax. certificates or otherv.:ise from the collection of Delinquent Assessments (collectively, the" Assessments"), The assessment methodology adopted by the District may be obtained from the District upon request. The Bonds are additionally secured by amounts on deposit in the Funds and Accounts, other than the Rebate Fund, created pursuant to the Indenture (the "Pledged Funds"). NEITHER THE BONDS NOR THE INTEREST AND PREMlUM, IF ANY, PAYABLE THEREON SHALL CONSTITUTE A GENERAL OBLlGA TION OR GENERAL lN1)EBTED~cSS OF THE DISTRICT WITHIN THE MEANING OF THE CONSTITUTION AND LAWS OF FLORIDA. THE BONDS AND THE INTEREST AND PREMIUM, IF ANY, PAY ABLE THEREON DO NOT CONSTITUTE EITHER A PLEDGE OF THE FULL F AlTH AA1) CREDIT OF THE DISTRICT OR A LIEN UPON ANY PROPERTY OF THE DISTRICT OTHEJ. THAi'~ AS PROVIDED IN THE n-.rnENTURE, NO OWNER OR A.~ OTHER PERSON SHALL EVER HAVE THE RIGHT TO COMJ>EL THE EXERCISE OF ANY AD VALOREM T AXING POWER OF THE DISTRICT OR ANY OTHER PUBLIC AUTHORITY OR GOVER.N1vfENT AL BODY TO PAY THE PRINCIP AL OF, OR INTEREST AND PRE~mnv1, IF ANY, ON THE BON1)S OR TO PAY AAry OTHER AMOUNTS REQUIRED TO BE PAID PURSUANT TO THE I'NTIH.;TURE OR THE BONDS. RATHER, ALL SUCH k\i10UNTS SHALL BE PAYABLE SOLELY FROM, AArn SHALL BE SECURED SOLELY BY, THE PLEDGED REVENUES (AS DEFI}.TED IN THE INDENTURE) AND THE PLEDGED FUNDS (AS DEFn-.rED IN THE [N1)ENTURE) ALL AS PROVIDED THEREIN, IN GENERAL, THE TERM "PLEDGED REVENUES" MEA1~S ASSESSMENTS LEVIED BY THE DISTRICT ON CERTAIN REAL PROPERTY LOCATED WITHIN THE GEOGRAPI-llCAL BOUNDARIES OF THE DISTRICT AND THE TElU\1 "PLEDGED FUNDS" rv1EANS SUCH ASSESSMENTS TOGETHER WITH OTHER AMOUNTS, IF ANY, ON DEPOSIT FROM TTh-1E TO TTh-1E fN CERTAlN FUN'DS Al"-'D ACCOUNTS CREATED PURSUANT TO THE INDENTURE, No Parity Bonds; Parity Liens of Other Assessments and Taxes Pursuant to the Indenture, the District has covenanted that it will not issue or incur any obligations payable from the proceeds of Assessments nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge upon the Assessments other than the liens created by the indenture, except for fees, commissions, costs, and other charges payable to the Property Appraiser or to the Tax. Collector pursuant to Florida law, HOWEVER, THE LIEN IN FAVOR OF THE ASSESSMENTS OVERLAPS A]\I1) IS CO-EQUAL WITH THE UEN IN FAVOR OF OTHER ASSESSh1ENTS WHICH MAY BE IMPOSED BY THE DISTRICT, COLLIER COUNTY, FLORIDA OR OTHER UNlTS OF LOCAL GOVERNMENT HAVING 10 .:~~:.~:.~.~.;...; ~Y\".~.".:J'!: ~~ /;{:.....i:".~ >:....;" ;::'-:(".'~ ',<. ',' .)~"<:>~::>> .,.,:::,:,f r \" r 'i>.;~L ". /;:",,'.:, 17 ..". ....>Il.u,1II . ..- .. -"--"-_...._~_..._--_........_----- . ':".~",: .>., ; ..:,'~, ""''''', '::<'. ;.~;; '.<;>.....' ," ,:. ':'.' ',,<':':,......:::.: ,: ~' .'::;, ". , " f" ," '.' ..' . I ,00- ". I . II ,~\ ... 1 . ~ '. ~. ... . ...t , ,~:~:I.. ~.."...,:....~~ ,'" l' . ~., ',' " '.~ 'I' :"'.\:~'.'".,' 'I .: '. I . ." . ~ . 1':- t,,,..t. , 'I, ,',' .' "l!~'. '. ~ .~ . .".... l~~" I 1 bG ) ASSESSMENT POWERS \VlTHIN THE DISTRlCT AND ALSO TO THE LIEN IN FAVOR OF COUNTY Mro tvfUNICIPAL TAXES (see "Enforcement and Collection of Assessments") Reserve Fund The Indenture establishes a Debt Service Reserve Fund for the Bonds, which, at the time of delivelY of the Bonds, will be funded from the proceeds of the Bonds in an amount equal to the Debt Service Reserve Fund Requirement, which is equal to ten percent (10%) of the proceeds of the Bonds ($600,000), Moneys held for the credit of the Reserve Fund will: (i) be used for the purpose of paying interest or principal on the Bonds whenever amounts on deposit in the Debt Service Fund for the Bonds shall be insufficient for such purpose. At such time as the amount on deposit in the Reserve Fund is equal to, or greater than, the principal amount of the Outstanding Bonds and the remaining interest payable thereon to maturity or prior redemption, all or a portion of the amount on deposit in the Reserve Fund will, at the written direction of an Authorized Officer delivered to the Trustee, be transferred to either the Interest Account or the Redemption Account for the Bonds or both in such amounts as shall be specified in such written direction. Enforcement and Collection of Assessments The District has covenanted in the Indenture to assess, levy, collect or cause to be collected and enforce the payment of Assessments in the manner prescribed by the Indenture and all resolutions, ordinances or laws thereunto appertaining and payor cause to be paid to the Trustee the proc~ds of A~sessments, as received, \Vh.ile Florida law provides that, subject to certain conditions, special assessments may be collected in the same manner as county ad valorem taxes, the District intends to collect the Assessments directly, and not on the notice oftne Tax Collector, until such time as the lots are platted, Chapter 170,10, Florida Statutes, provides that upon the failure of any property O\.lmcr to pay the principal of Assessment or the interest thereon, when due, the governing body of the District is authorized to commence legal proceedings for the enforcement of the payment thereof, including commencement of an action in chancery, commencement of a foreclosure proceeding in the same manner as the foreclosure of a real estate mortgage, or commencement of an action under Chapter 173, Florida Statutes, relating to foreclosure of municipal tax and special assessment liens, It is likely that any action to enforce payment of the Assessments wiil proceed under the provisions of Chapter 173, Florida Statutes, which provides that after the expiration of one year from the date any special assessment or installment thereof becomes due, the District may commence a foreclosure proceeding against the lands upon which the assessments are liens, Such a proceeding is in rem, meaning that it is brought against the land and not against the owner. After at least thirty (30) days' written notice to any record owner and at least four (4) weeks' prior published notice, a judicial hearing wiil be conducted in which any interested party may appear and contest the foreclosure; however, any person contesting the assessment or the lien must deposit with the court the amount which such party claims is the amount of any such assessment which is due, Upon a judgment for delinquent assessments, a special master will be appointed to sell the property at public auction, at which sale the District may also bid. Proceeds of any such foreclosure sale are required by the statute to be shared for the payment of state, city, county or other taxes or 11 ;,'" ., I , >'.. t ~ ' ( " l. . ~ . ~: 1 6G 3 assessments in the manner determined by the special master, THERE CAN BE NO ASSURANCE THAT ANY SALE, PARTICULARLY A BULK SALE, OF LAND SUBJECT TO DELINQUENT ASSESSMENTS WILL PRODUCE PROCEEDS SUFFICIENT TO PAY THE FULL AMOUNT OF SUCH DELINQUENT ASSESSMENTS PLUS OrnER DELINQUENT TAXES AND ASSESSMENTS APPLICABLE THERETO. ANY SUCH DEFICIENCY COULD RESULT IN THE INABILITY OF THE DISTRICT TO REPAY, L'i FULL, THE PRINCIPAL OF AND H\lTEREST ON THE BONDS. Subject to certain conditions, Florida law permits special assessments to be collected in the same manner as county ad valorem taxes, It is anticipated that the District will employ this method of collection subsequent to the platting of lots, The statutes relating to enforcement of county taxes provide that county taxes become due and payable on November 1 of the year when assessed and constitute a lien upon the assessed land from January 1 of such year. Credit will be given against the Assessments for capitalized interest funded from the proceeds of the Bonds for a period of approximately 18 months, The Assessments will bear interest on the unpaid principal balance at the rate of the rate of interest on the Bonds, plus one percent until paid. See "Security for and Source of Payment of the Bonds - Tax Collection Procedures" herein, Prepayment of Assessments Pursuant to the tenns of the Act and the Assessment Proceedings, the owner of property subject to Assessments may pay the entire balance of the Assessment remaining due within thirty (30) days after the Project has been completed and the Board of Supervisors has adopted a resolution accepting the Project as provided by Florida Statutes, Section 170.09, without interest, and, may prepay the Assessments in whole at any time, and in part one time, ifthere is also paid, in addition to the prepayment amount, an amount equal to the interest that would otherwise be due on such balance on the next succeeding Interest Payment Date for the Bonds, or, if prepaid during the forty- five day period preceding such Interest Payment Date, to the next succeeding Interest Payment Date. The Bonds are subject to extraordinary mandatory redemption as indicated under "Description of the Bonds - Redemption PrO\;sions - Extraordinary Mandatory Redemption," from sllch Prepayments at the redemption price of par plus accrued interest to the date of such redemption, The prepayment of inst('.llments of Assessments does not entitle the owner of the property to a discount for early payment Adjustments to Assessments Upon completion of the Project, the Assessments will be credited, pro rata, with any excess of the original Assessments over the actual cost (including, without limitation, costs associated with the issuance of the Bonds, the capitalized interest and the Debt Service Reserve Fund) funded from proceeds of the Bonds. The Assessment Proceedings permit the Board of Supervisors, under certain circumstances, to credit against the Assessments due on an anIlual basis excess moneys on deposit in the Revenue Fund, but provide that the Board in determining whether to grant such credits shallr 12 1 6G 3 be governed primarily by the interests of the Bondholders and if granting such credit could be reasonably expected to adversely affect the ability of the District to pay principal of, and interest and premium, if any, on the Bonds when due, whether in the year in which such credit is being considered or in any future year, then the Board shall not grant such credit. Assessment !vlethodology This infom1ation regarding assessment methodology was provided by Fishkind & Associates, Inc" the Financial Advisor to the District. The assessment methodology was developed using constr...lction cost estimates and land use areas provided by the District Engineer and a bond par amount and debt service schedule provided by the Underwriter. The Financial Advisor makes no representation or warranty as to the accuracy of the information provided by other parties for inclusion in the Assessment Methodology. Structure of Assessments The Assessments will be payable over a 20-year period with the first payment due in 1996. According to the District's Assessment Proceedings, the owner of the property subject to these Assessments may pay the entire balance either: (i) in full at any time or (ii) partially, one time. Assessments will not exceed the levels shown below throughout the life of the bond issue. Based on the construction cost estimates, the approximate maximum Assessment level, exclusive of operations and maintenance Assessment, per residential unit is as follows: Assessment Tvpe Yill..a'" Anl1ual Total Assessment"$1,306 Total Capital per Unit"''' 12,588 Maximum Assessment Executiv~"'~'" ~ $ 1,595 $ 1,815 $762 15,373 17,498 7,341 Multifamilj' $873 8,417 . Based upon cunent development plan of 529 lots, subject to change based on final platting. Reflects annual Principal and Interest Reflects a one-time only payment of Principal (accrued interest to be added) .. "'.. These A3sessment levels constitute the estimated maximum amounts levied for the anticipated bond debt of the Project and have been adjusted to include the necessary and actual cost of the Tax Collector and Property Appraiser as well as anticipated discounts associated may be lower than shown depending on the actual cost of construction compared with the estimated of construction costs, Methodology The costs of the improvements are allocated to all non-exempt, rea) property specially benefitted within the District. These costs, relating to the Special Assessment Bonds, are broken 13 : -] , , : ' ~,.., '. " .",: ~ ~ 1..... : . ~'.I .^.:~~ .~ ~ ___t. o : I ....' .. : . .~ ~ \ ,I '--~'4_".___~ -... ."'---.."."""""".---...."'-------...'-.- 1 6G 3 down into two categories: Road related and all Other Improvements, The anticipated Golf Course Revenue Bonds are allocated only to the golf course property and supported by golf course revenues Estimated construction costs (and the derived benefits) are to be distributed as follows: ~ Roads Other Improvements Total Construction Fund $1,006,055 $3 401. In $4,407,232 % of Iota I 22,83% 77 17% 100.0% Roadway improvement~ are allocated based on the proportionate acreage of that product type to the total residential acreage. All other improvements are allocated based on equivalent units. The estimated equivalent units for each type of real estate product is the inverse of that unit type's density. In this way all residential units are treated equally on an acreage basis. All golf course improvements are allocated only to the golf course, Finally, the assessments have been adjusted (by dividing by 0.94) to allow for the maximum 4% early payment discount of county taxes and assessments, the estimated 2% of the Assessment charged by the tax Collector to collect the Assessments, and an estimated 2% of the Assessment charged by the Property Appraiser. The complete Assessment Allocation and Methodology report is included herein as Appendix E, In addition to the Assessments, the District expects to levy an annual Assessment for operation and maintenance of its facilities, Bond Owners' Risks There are certain risks inherent in an investment in bonds secured by special assessments issued by a public authority or governmental body in the State of Florida, certain of which are described above under the caption "Enforcement and Collection of Assessments," The information appearing under this caption does not purport to summarize all risks that may be associated with purchasing or owning the Bonds and prospective purchasers are advised to read this Limited Offering Memorandum in its entirety for a more complete description of investment considerations relating to the Bonds. 1, Until further development takes place on the land within the District specially benefitted by the Project, payment of the Assessments is entirely dependent upon their timely payment by Heritage Greens Development Limited Partnership (the "Landowner"), which is currently the mvner of substantially all of the land within the District benefitted by the Project. In the event of the institution of bankruptcy or similar proceedings v,ith respect to the Landowner or any other subsequent significant owner of property within the District subject to the Assessments, there could be delays in the payment of Debt Service on the Bonds as such bankruptcy could negatively impact 14 .......--'..,-----<~...-- '.k____""_ ....... .- --~,:txl "'1, ,',::: '. ,.,: ,~:,::t 1 6G 3 the ability of the District to foreclose upon the property. In such event, the interests of the holders of the Bonds would be materially adversely affected. 2, The market value of the land to be benefitted by the Project financed ITom the proceeds of the Bonds may actually be higher or lower than the assessed value, To the extent that the realized or market value of the land benefined by the Project is lower than the assessed value, the ability of the District to realize sufficient proceeds upon foreclosure to repay the Bonds.may be adversely affected. 3, The Development (hereinafter defined) may be affected by changes in general economic conditions, fluctuations in the real estate market and other factors, In addition, the proposed Development is subject to comprehensive federal, state, and local regulations and future changes to such regulations, Approval is required from various public agencies in connection with, among other things, the design, nature and extent of required public improvements, both public and private, and construction of the Project in accordance with applicable zoning, land use and environmental regulations for the Development. Although no delays are anticipated, failure to obtain any such approvals in a timely manner could delay or adversely affect the Development, which may negatively impact the Landowner's desire or ability to develop the Development as contemplated, 4, The willingness and/or ability of an owner of land within the District to pay the Assessments could be affected by the existence of other taxes and assessments imposed upon the property, In addition, other public entities whose boundaries overlap those of the District, such as Collier County, could, without the consent of the owners of the land within the District, impose additional taxes and non-ad valorem assessments on the property within the District. Although the lien of the Assessments is of equal dignity with the liens for taxes upon land, and thus is superior to aU other types of liens, including mortgages, tax increases or the imposition of new taxes by public entities whose boundaries overlap those of the District may render landowners unwilling or unable to make Assessmen~s payments as further affected by the collection method employed by the District in any given year; such failure to pay could adversely affect the ability of the District to make full or punctual payment of Debt Service on t.he Bonds, See "Security for and Source of Payment of Bonds - Tax Collection Procedures" herein, The Project General The Project, more particularly described in the Report of Consulting Engineers, included herein as Appendix A, consists of the construction of storm water management, water and wastewater and reclaimed water facilities, together with the construction of roadways to service the development within the District. An amount equal to approximately $4,370,000 will be deposited into the Construction Fund, and, together with interest earnings thereon, used to pay the costs of the Project. 15 lllllli - ----- - .'JI- I~-'-"-'- -- __a ---. -m- ... --" 1 6G 3 Approvals and submittals for regulatory pennits to commence construction of the Project are detailed in the Report of Consulting Engineers, Reference is hereby made to the Report of Consulting Engineers, the full text of which appears as Appendix A hereto, which is included herein in reliance upon the expertise of the Consulting Engineers in providing engineering services to units of local special purpose government such as the District. The District will not ovro or operate a water and wastewater treatment plant. Instead, potable water and sanitary sewer service will be provided to Heritage Greens by Collier County, Payment of Certain Costs Incurred by the Landowner for the District In connection with the acquisition and construction of the Project, the District will pay the Landovroer approximately $1,050,000 in repayment of amounts paid or incurred by the Landowner in the acquisition and construction of portions of the Project which undertaken in anticipation of the issuance of the Bonds. Estimated Sources and Uses of Funds SourCfS( 1) Bond Proceeds illW..MQ.Q Total Sources $6,000,000 Uses(l) Deposit to Construction Fund Deposit to Debt Service Reserve Fund Capitalized Interest(2) Costs of Issuance and Underwriter's Discount $4,570,000 580,000 550,000 250,000 Total Uses $6,000,000 - (1) Does not include accrued interest from December 1, 1996. (2) Represents interest on the Bonds for a period of approximately one year. 16 . I I .. \ .,', ' . , " , .. 1 6G 3 The District Gelurallnformarion The District was established by Ordinance 93-39 adopted by the Board of County Commi,ssioners of Collier County, Florida on July 20, 1993, as amended and supplemented by Ordinance 93-70, adopted by the Board of County Commissioners on September 28, 1993, authorizing the District to exercise recreational powers authorized by the Act. The District encompasses approximately 251,52 acres in Collier County, Florida, As currently zoned, the District viill include approximately 400 single-family, zero lot line and multi-family units, to be developed around an l8-hole championship quality public golf course, which will be financed and owned by the District. Powers Among other provisions, the Act gives the District's Board of Supervisors the authority to (a) plan., establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain: (i) water management and control for lands within the District and to connect any of such facilities with roads and bridges, (ii) water supply, sewer and waste-water management systems or any combination thereof and to construct and operate connecting intercept or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system, (iii) bridges or culverts, (iv) roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights, (v) any other project within or v,ithout the boundaries of a district when a local government issued a development order approving or expressly requiring the construction or funding of the project by the District, or when the project is the subject of an interlocal agreement between the District and a governmental entity and is consistent \\ith the local government comprehensive plan of the local government within which the project is to be located; (b) borrow money and issue bonds of the District; (c) impose and foreclose special assessment liens as provided in the Act; and (d) exercise all other powers necessary, convenient, incidental or proper in connection with any of the powers or duties of the District stated in the Act. In addition, if the Distlict has obtained the consent of the local general-purpose government within the jurisdiction of which such power is to be exercised, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and faciljties for parks and facilities for indoor and outdoor recreational, cultural, and educational uses, The District has been authorized to exercise such special recreational power by ordinance of the Board of County Commissioners of Collier County, Florida. The Act does not empower the District to adopt and enforce land use plans or zoning ordinances and the Act does not empower the District to grant building permits, which functions are performed by the County acting through its Board of County Commissioners and its departments of government, 17 --------..--...---.----..--- _.~ . t ! 1 6G 3 I 1 Board of Supervisors The governing body of the District is its Board of Supervisors (the "Board"), which is composed of five Supervisors (the "Supervisors"), The Act provides that at the initial meeting of the landowners Supervisors must be elected with the two Supervisors receiving the highest number of votes to serve for four years and the remaining Supervisors for a two-year term. Three of the five Supervisors are elected to the Board every two years in November. At such election the two Supervisors receivlng the highest number of votes are elected to four-year terms and the remaining Supervisor is elected to a two-year term, Four Supervisors normally serve a four-year term whil~ the fifth Supervisor normally serves a two-year term, Until the later of 1998 or the year in which there are at least 250 qualified electors in the District, or such earlier time as the Board may decide to exercise its ad valorem taxing power, the Supervisors are elected by vote of the landowners of the District. Ownership of the land within the District entitles the owner to one vote per acre (with fractions thereof rounded upward to the nearest whole number). The Act provides that commencing upon the later of 1998 or the year in which there are at least 250 qualified electors in the District, the Supervisors 'Wul be elected by the electors of the District in the manner prescribed by Flonda law for holding general elections, If there is a vacancy on the Board, the remaining board members are to fill each vacancy for the unexpired term, .;. The current members of the Board, the occupation and the term of each member are set forth below: Name Title Member of the Board Since Term Expires Occupation James M, Reinders. Raymond G, Harris. Charles F, Bailey. Peter R, Comeau *. * Ralph B. Klass" Chairman Supervisor Assistant Secretary Assistant Secretary Assistant Secretary 1996 1996 1996 1996 1996 2000 2000 1998 1998 1998 Real Estate Development Real Estate Development Real Estate Development Rea1 Estate Development Real Estate Development · Affiliate of Landowner *. Affiliate of Golf Course Developer '" ** Affiliate of V,S, Home The Act authorizes the Board to hire such employees and agents as it may determine necessary Young, van Assenderp & Varnadoe, P.A., Naples and Tallahassee, Florida, serves as counsel to the District. The District has retained Greenberg Traurig Hoffman Lipoff Rosen & Quentel, P,A., Tallahassee, Florida., as Bond Counsel. The District has retained Gary L. Moyer, P.A. as District Manager and Fishkind & Associates as Financial Advisor. 18 -- ---- -----._~----_._---_.- Iq'" _ _~"-___:l.~ -.,..~ ., , . . , ~ . . . .'j t ~ ' ; ,....-. .. 1 6G 3 Pursuant to the Act, the District has retained Agnoli, Barber & Brundage, Inc, Naples, Florida, as Consulting Engineer (the "Consulting Engineer"). The District Manager The chief administrative official of the District is the District Manager. The Act provides that the District Manager has charge and supervision of the works of the District and is responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of the Act, for maintaining and operating the equipment owned by the District, and for performing such other duties as may be prescribed by the Board. Gary L. Moyer, P.A. serves as District Manager. Mr. Moyer is actively involved in the management of more than 40 special districts throughout the State of Florida, including community development districts, that have collectively issued in excess of $400 million of bonds in more than 40 separate financings. Mr. Moyer has served on the Board of Directors of the Association of Special Districts, the 208 Water Quality Board and the Broward County Areawide Clean Water Advisory Board. Outstanding Debt The Bonds are the first bonds issued by the District. The Development, the Landowner and U.S. Home The information appearing below under the caption "General" and the information appearing below under the caption "Market for the Development" has been furnished by the Landowner. Such information has not been independently verified by the District or the Underv/riter and neither the District nor the Underwriter makes any representation or warranty as to the accuracy or completeness of such information Neither the Landowner, as to information furnished by U.S. Homes, nor U.S. Homes, as to infOlmation provided by the Landowner, makes any representation or warranty as to the accuracy or completeness of such information. Genera/. Heritage Greens is being acquired by the Ronto Developments Naples, Inc., a Florida corporation from Heritage Greens Development Corporation for a purchase price of $750,000, subject to a first mortgage in the amount of approximately $5.6 million and subject to certain liens of record in the amount of approximately $2 million. The Landowner has entered into a special agreement \'lith the mortgagee, which provides for the acquisition of the first mortgage upon payment of approximately $S million, and, separate agreements with substantially all of the other lienholders wrjch will result in the extinguishment of such liens for aggregate payments in the amount of$850,000. The foregoing payments for the acquisition of the property by the Landowner will be financed by a first mortgage loan from Avanti Properties, Inc. in the amount of approximately $3.5 million and a participating equity loan from a single purpose affiliate of Prudential Home Investors, Inc. in the amount of approximately $3.0 million (the "Mortgage Loans"). Upon completion of the acquisition, the Mortgage Loans will constitute the only outstanding indebtedness against the 19 11M J.""- .11II 1 6G 3 property other than the Assessments securing the Bonds and customary liens for real estate and other taxes which are not delinquent. Heritage Greens is located northeast of Naples in the Urban Estates Planning Community of Collier County, Florida. Urban Estates consists of 26,147 acres designated in the 1989 Growth Management Plan of Collier County as environmentally tolerant and undeveloped, indicating that such area is appropriate for development. Heritage Greens is a 251.52-acre planned residential development of approximately 550 homesites to be comprised of attached and detached residences. an 18-hold championship public golf course and clubhouse, tennis courts, and several lakes. All residences will be located adjacent either to the golf course or to one of the lakes. The eighteen hole golf course will be jointly owned by the Landowner (or a single purpose affiliate created for such purpose) and an entity owned by Richard L. Klaas, an independent golf course owner and operator. The golf course partnership will be capitalized with (i) a capital contribution from the Landowner in the form of approximately 152 acres of land valued at approximately $1 million, (ii) a capital contribution from the Klass entity of$1.5 million in cash, and (iii) the proceeds of a $3.5 miliion loan from an unrelated lender specializing in golf course financing. COMPLETION OF iHE GOLF COURSE IN ACCORDANCE WITH THE PLAN DESCRIBED HEREIN IS A CONDITION TO THE OBLIGATION OF U.S. HO'ME TO TAKE DOWN LOTS UNDER THE OPTION AGREEMENT DESCRIBED BELOW. l\.farkei for the Development. DUling the 1980's, Collier County was the fastest growing Urban County in the United States. By the year 20 I 0, the permanent population of unincorporated Collier County's Coastal Urban Area is projected to grow 209 percent from 105,505 persons in 1990 to 325,551 persons in 2010. an increase of 220.046 persons, according to estimates provided by Collier County's Long-Range Planning Department. Heritage Greens is located within an area designated by Collier County's comprehensive growth management plan as the Urban Estates community. The Urban Estates community is the fastest growing Planning Community Distlict (PCD) in Collier County, according to estimates of Coli ier County's Long-Range Planning Department. Census estimates project that by 20 I 0, the permanent population of the Urban Estates PCD is projected to grow 413 percent from 4,585 persons in 1990 to 23,280 persons in 2010, an increase of 18,745 persons. Moreover, the Urban Estates has the greatest demonstrated potential for growth of any of the urban-county's planning communities A total of 16,957 acres or 64.9 percent of the land area in the Urban Estates PCD is "undeveloped, environmentally tolerant" indicating that these undeveloped acres are developable under existing environmental and wetland laws and regulations. Latest available data demonstrates that Urban Estates had 318.4 total acres zoned commercial, a total of78.53 acres, or 24.7 percent of the total, was developed for commercial or other land uses by late 1991 and 239.91 acres, or 75.3 percent of the total of 318.4 acres, remained undeveloped at that time. 20 1 bG 3 It has been estimated that the Urban Estates will achieve an estimated I 5-year increase of 4,679 new single-family homes (a 1327 percent gain during the period 1995-2010) and 3,085 of new multi-family units estimated for the same period (a 187.6 percent increase) which will generate a population base derived from the estimated 7,764 new residences to support the accompanying development of commercial acreage predicted. Furthermore, Immokalee Road, bisecting both the adjacent North Naples Planning Community, the County's largest PCD in absolute numbers, and the Urban Estates is projected to have a resident population of approximately 100,000 persons by the year 2010 concentrated in an area from the Gulf of Mexico just north of the City of Naples to Interstate 75. Presently, Vvithin a 4-mile radius of Heritage Greens are a new elementary schoollocated adjacent to Heritage Greens, a new middle school, North Collier Hospital, a community shopping center, and a community park. Gulf beach access and the Wiggins Pass marina are six miles northwest of the planned development. Product Type and Target Market. Of Heritage Greens' 251.52 acres, 101 acres will be occupied by an IS-hole golf course and five acres will be used for the clubhouse and tennis courts. Residences will occupy 73 acrcs of which 19 are anticipated to be attached villas (six-plexes), 31 acres are anticipated to be detached single family homes on 55 foot and 60 foot wide lots, and 2J acres arc anticipated to be a combination of twin villas and four unit coach homes. Base product pricing (home and lot packages) is expected to range from a low of$115,000 for the six-plex villas to a high of$203,OOO for the 60 foot single family detached homes. Another 51 acres will consist of lakes and wetland preserves, and 22 acres will be used for landscape buffers, roads and rights-of- way. The series oflakes will serve not only an aesthetic function, but will also comprise a part of the water management system of the District being financed with the proceeds of the Bonds. The foregoing prices reflect the capabilities of first- and second-time home buyers as well a!. retirement home buyers. Tne media.'l income in 1989 of all households in Urban Estates was $45,474, according to the 1990 U.S. Census, which, at the accepted standard of one third of income available for expenditure for housing, means that home buyers at or near the median would be able to spend S 15,158 per year or $1,263 per month for housing. This level of income adequately supports a monthly ovmer housing cost (the sum of mortgage payments, real estate taxes, property insurance and all utilities) of $1,235, calculated for the median price of homes to be developed in heritage Greens ($160,000). The Takedown Agreement. U.S. Home Corporation ("U.S. Home") has entered into an Option Agreement Vv;th the Landowner, dated June 4, 1996 (the "Takedown Agreement"), pursuant to which, subject to certain conditions described below, the Landowner has granted to U.S. Home an exclusive option to acquire, and U.S. Home has agreed to acquire, 180 villa sites and 158 detached 50-foot a11d 65-foot single-family homesites at the price per lot of $22,500 per villa site, $42,500 per 50-foot single family site and $46,750 per 6-foot single family site. The Takedown Agreement also gra11ts U.S. Home a non-exclusive option to purchase the remaining 79 family lots with minimum 80- foot widths at then-current retail value. 21 ..~.....__-.~ .--.,-:!l,......"""'"-~<-..-~~-~ .I~ 't l~J....\ ....:...,.'. ....,_,.:,..\l ~!,.::.........: ... "::: --- -~...- -- . ! ;' ~l": I.~~ f ~';..~..'.. I.'.; - -- -.--.-.....- ....-- -.- ---_1M -- - ~ 1 6G 3 The Takedown Agreement provides that the obligation of U.S. Home to purchase lots is conditioned upon: (i) U.S. Home' approval of all design plans and performance by the Landowner of permitting and development within one hundred eighty (180) days of the timetable set forth in the Agreement; (ii) obtain an agreement with a third party to build and operate a golf course and clubhouse which will be open to the general public; (iii) establish the District to finance the infrastructure for Heritage Greens on terms satisfactory to U.S. Home; and (iv) establish a master homeowners association to maintain common areas. u.s. Home will certify to the Underwriter at the closing on the Bonds that all of the conditions set forth above have been satisfied as of such date or have been waived by U.S. Home and that the obligations of U.S. Home to purchase the lots in accordance with the takedown schedule has ceased to be an option and has become the legal, valid and binding obligation of U.S. Home. u.s. Home has deposited in escrow $250,000 in cash plus a $1,250,000 letter of credit as security for the performance of its obligations under the Agreement. The $250,000 in cash will be credited prorata as a part of the purchase price of each lot in accordance with the takedov.n schedule and the letter of credit v..ill be released quarterly in a similar manner. Beginning in the second calendar quarter following the satisfaction of all of the conditions listed above, U.S. Home will be obligated to purchase homesitcs as follows: Calendar Quarter After Initial Closing Villa Homesites Initial Closing 2nd 3rd 4th 5th 6th 7th 8th 9th 1 Gtn 1 ] th ]2th 13 th Subtotal 6 12 12 18 12 18 12 ]8 12 18 ]2 12 18 180 Price Differential 60 Fe Lots Total Exercise Price ......~. lIIIl!........."'" , ._ .._______ .._ __._ Villa Single-Family Single-Family Total Payments Homesites Payments fayments $135,000 0 0 $135,000 270,000 13 552,500 822,500 270,000 13 552,500 822,500 405,000 13 552,500 957,500 270,000 13 552,000 822,500 405,000 13 552,500 957,500 270,000 13 552,500 822,500 405,000 13 552,500 957,000 207,000 13 552,500 822,500 405,000 13 552,500 957,500 270,000 13 552,500 822,500 270,000 13 552,500 865,000 405,000 13 552,500 1,000,000 $4,050,000 158 $6,715,000 $10,756,000 127,500 $10,892,500 22 __,._._.. _...___._.___ '_N__"'_~_"_'_-'~__'__~_'___"__~__"_____ .-..... ----.."- 1 6G 3 In addition to the foregoing, U.S. Home will required to pay to the Landowner quarterly option maintenance payments at the rate of 2% per quarter for the first four quarterly payments, adjusted thereafter in accordance with changes in the Barnett Bank prime rate as in effect from time to time, but not in excess of 3% per quarter on the aggregate amount of takedown prices of lots which have not been taken down. HO\VEVER, PRIOR TO LOTS BEING TAKEN DOWN, NEITHER THE LA.l'fDOWNER NOR U.S. HOME WILL BE REQUIRED TO PAY THE ASSESSNfENTS COMING DUE ON LOTS. u.s. Home Corporation. U.S. Home is a public company the stock of which is listed on the New York Stock Exchange, trading under the symbolIUH." U.S. Home is headquartered at 1800 West Loop South, Houston, Texas 77252-2863; phone (713) 877-2300. The South Florida Division is headquartered at 43 Barkley Circle, Suite 101, Fort Myers, Florida 33907; phone (941) 278-1177. U.S. Home currently builds and sells houses in more than 200 new home communities in 32 metropolitan areas in 12 states. Since its formation, U.S. Home has delivered more than 260,000 homes U.S. Home is one of the largest single-family homebuilders in the United States based on homes delivered, v.rith consolidated assets of $959 million as of September 30, 1996 (including S892 milJion relating to its housing operations). For the calendar year 1995, U.S. Home had housing operating income of approximately $56 million and total income before income taxes of approximately $59 million, reflecting increases of approximately 9% and approximately 13% respectively, from the prior year. As of September 30, 1996, and for the nine months then ended, U.S. Home generated housing operating income of$46 million a.nd total income before income taxes of $50 million, reflecting increases of 18% and 22%, respectively, from the same period 1995. U.S. Home and certain cfits affiliates commenced proceedings under Chapter II of Title 11 of the United States Code on April IS, 1991, in order to restructure their indebtedness and other liabilities. On May 25, 1993, the United States Bankruptcy Court for the Southern District of New York entered an order confirming the first amended consolidated plan of the reorganization of U. S. Home of cenain of its affiuates. Such order became final on June 21, 1993. At that time, U. S. Home also completed a public offering of $200 million principal amount of9.75% senior notes due 2003, the net proceeds from which were utilized to pay a portion of the claims of certain unsecured credi tors of U. S. Home under the plan of reorganization and to repay outstanding amounts under U S Home's debtor-In-possession financing facility. The plan of the reorganization effected a recapitalization of U.S. Home and did not result in a reduction in the scope or othcr major restructuring of US. Home's operations. During the proceedings, U.S. Home continued its home building operations in the ordinary course U.S. Home reported approximately $38 million ofprc.tax earnings in 1993. Heritage Greens v.ill follow upon the successful Countryside Community, developed by U.S. Home, located approximately 11 miles south of Heritage Greens, which sold in excess of 1,133 homes during its three-year sales period. Heritage Greens will be the ninth (9th) master-planned golf course community with which U.S. Home has been involved in the NaplesIFort Myers/Sarasota area. Set forth below is a surrunary, expressed in number of housing units, new orders taken, deliveries and backlog (i.e., homes under contract for sale but not yet delivered at end of year) of single-family 23 JI-........~..--..-~~""~~, _ _ .8.........~~ ~~...-- "."'-~~""---"""- ! """----~...~~-~~.~ ~ .......___IL__ _~"""""'I!~.I""'!'f"" l' ; . 1 bG 3 I homes for the year 1991 through 1996, for all operations of U.S. Home (all of which are in the United States) and for Florida operations of U.S. Home. 1 United States 9 Months 9 Months <includinll. Florida) 12.21 l22l .1.2.2.l l2.2i 1m. Ending Ending 2.Dill22 2Q..Q!'9.2 . New Orders Taken 3,975 3,274 6,418 6,234 6,959 5,757 6.147 Deliveries 3.599 5,015 5,586 6,387 6,779 4,991 5,213 1 Backlog 1,614 1,872 2,704 2,551 2,731 3.317 3.665 ~ New Orders Taken N/A 1,654 1,975 2,217 2,081 1.755 1.775 Deliveries NlA 1.49\ 1,705 1.948 2,241 1,671 1.582 Backlog N/A 693 967 1,146 986 1.230 1,180 US. Home has built a strong reputation nationally since 1954 and within the southwest Florida area since entering the loc.al market in 1962. Currently, U.S. Home is actively marketing within fourteen communities in southwest Florida. U.S. Home has constructed over 20,000 homes in southwest Florida, and consistently has been ranked as the number one building within the area for the last twenty years. U.S. Home has received the prestigious "Builder of the Year" award from Professional Builder Magaz.;ne three times, most recently in 1995. U.S. Home's sales programs focus on its "Zero Defect" Program as a marketing tool and its cost savings due to national purchasing agreements. The Zero Defect Program is a quality assurance program, with major emphasis on construction. U.S. Home has received numerous awards and recognitions including the Diamond Builder Award for Excellence in Consumer Satisfaction from the 2-10 Home Buyers Warranty Program u.s. Home is subject to the information reporting requirements of the Securities Exchange Act of 1934, as amended, and in accordance therewith files periodic reports, proxy statements and other infonnation with the Securities and Exchange Commission (the "SEC"), which are hereby incorporated herein by reference. Such reports, proxy statements and other infonnation may be inspected and copied at public reference facilities of the SEC at 450 Fifth Street, N.W., Washington, D.C. 20549; and at the SEC's regional offices at 7 World Trade Center, 13th Floor, New York, New York 10048, and 500 West Madison Street, Suite 1400, Chicago, Dlinois 60061. Copies of this material can also be obtained, by mail, at prescribed rates from the Public Reference Section of the SEC at its principal office at 450 Fifth Street, N.W., Washington, D.C. 20549. The Landowner. Ronto Developments Naples, Inc. is a related entity of Ronto Management Group, formed in June of 1996 to take title to the land, develop the infrastructure and market the 24 ....,....~~~...~~,...oIl'Ilt:~~......~-.....--- --_.,--- 8._n_........-- ....-----.-...."'...-"'"'---- 1 6G 3 Heritage Greens community. The Ronto Group has been in existence since 1971, when it was first formed as a Canadian home-building company. Since that date, Ronto has significantly expanded into a major land development and construction organization. The Ronto group of companies (which includes corporations and partnerships that arc not involveG int he Heritage Greens project) brings a wealth of experience to any proposed project. From its initial expertise in expediting and obtaining project approvals, through the many demanding phases of construction, to the final facets of the land development and building industry. The following list of Ron to projects is testimony to the extent and scope of the Ronto group of companies' experience. In all cases these projects were administered, managed and supervised throughout by one or more of the Ronto group of companies. LAn.~rQject5. "Brantwood Park," Brantford, Ontario. A 2,000 unit residential comrnunity on 350 acres in northeast Brantford. In 1978, after gaining subdivision approval, commenced sen;cing and construction of homes in the first phase, Ronto sold the balance of the project to Wimpey PLC. "Windermere." London, Ontario. Recognized as London's premier residential area, this 300 acre area adjacent to the University of Western Ontario contains over 900 home sites. Commencing in 1976 Ror:to processed this land assembly through the required municipal approvals, completed much of the required servicing and obtained subdivision registration. In 1986, after having sold approximately 500 lots to local builders, the remaining acreage was sold. "Wellington," Brampton, Ontario. Sold to major homebuilding interests, this 1,040 acre community, together with adjacent lands comprising 2,000 acres in total, was brought to the development state by Ranto. It constitutes the largest Metro area residential land assembly since Erin ~,jils and Meado\Wale. "Gates of Hil1sboro," Deerfield Beach, Florida. A 245 single family home subdivision involved both land development and a home building construction program. The project was completed in 1980. "Independence Bay," Decriieid Beach, Florida. This 550 acre project involved both a major land development and construction program In its residential section, 821 single family villas and garden apartments were constructed and sold by 1988 for a sell-out value of $53 Million. "Key Marco," Marco, Island, Florida. A private island just southeast of Marco Island, Florida, consisting of 134 single family homesites. This highly amenitized upscale community required over two years to permit and was completed in late 1994. Homesites are presently being marketed from $200,000 to over $1,000,000. Building Constnlction Projects. "Market Square," Toronto, Ontario. An exclusive, $125 Million, 306 unit condominium apartment and 75,000 square foot shopping mall and parking garage 25 1 6G 3 complex in downtown Toronto. Winner of many housing and design awards. The project was completed in 1984. "St. James Square," Toronto, Ontario. A multi-use site in downtown Toronto comprised of two buildings. The "Journey's Court" Hotel and a 65-unit residential condominium block represents a total value of about $32 Million. This project was completed in 1987. "Eglinton Park Place," Toronto, Ontario. A l70-unit apartment condominium building on Eglinton Avenue West overloo:Gng the Humber Valley. This project was successfully completed in 1988 "William Villano Building," Toronto, Ontario. A 140-unit apartment building built on a turnkey contract for the International Ladies Garment Workers' Union. This project was completed in 1986. "The M.A.R.C. Project" and "Parkview," Toronto, Ontario. Two 90-unit apartment buildings occupying a single site on Bathurst Street. These buildings were built on a turnkey contract and completed in 1985. The M.A.R.C. building was sponsored by the Jewish Congress. Major MacKenzie Drive Project," Richmond Hill, (Toronto) Ontario. This is a multi-building apartment complex on a single site. This project commenced in 1986 and was completed in 1988. It was comprised of: (a) St. Marks Apartments - a ISO-unit turnkey project for the Richmond Hill Ecumenical Council. (0) Roseto\Vl1 - a Provincially sponsored turnkey project of 125 senior citizens apartment units. (c) MacKenzie Square - a 220-unit condominium building. The total project embraced some 17 acres and was valued in excess of $45 Million. "Riverside Court," Toronto, Ontario. A 218-unit condominium apartment building on Weston Road which overlooks the Humber Valley. This tax shelter project was completed in the fall of 1989. "Burrows Hall," Scarborough, Ontario. A 108-unit turnkey project for the Scarborough Heights Co-op, Inc. This project was completed in the fall of 1989. "The Jack Goodlad Building," Scarborough, Ontario. A 170-unit turnkey senior citizens apartment building on Lav.rrence Avenue East integrated with the following project. This project was completed in the summer of 1989. 26 >: :':::~:>>:'~"':{/:".::.r>.':".:'::'.'::'~'~.;.\r::~.;:':..,.'::<<:>'.. ;:.'..~. ;\.:..':::-.-:.. '.-: ;.,:' ...~.... ....'..;;. ;..:'. .:.,..,.> .,.'~'..." .... ~;...._-- .,.- ---r~ - - -- -.-- --. --_.~- _..~ ---........--- -.....-- 1 6G 3 I "3000 La'M"ence Medical Building," Scarborough, Ontario. Adjacent to Scarborough General Hospital, an existing occupied medical center was completely renovated and an extension of 12,000 sq. ft. and parking garage added for a total expenditure of $1 0 Million. "Observatory Land," Richmond Hill, Ontario. A 350-unit family and seniors turnkey project \"as built for the Richmond Hill Ecumenical Church Group. Construction of the project was completed in the spring of 1991. Total value of this project was approximately $40 Million. "Scarborough Fair," Scarborough, Ontario. A 550-unit condominium building at Lawrence and Midland Avenues. The project also contained approximately 50,000 sq. ft. of retail and commercial space. "Grandview Shopping Center," Oshawa, Ontario. This 60,000 sq. ft. commercial centre was constructed and leased up by Ronto and sold in September of 1990. "Silvci Lake," Boynton Beach, Florida. A 15 I-home subdivision constructed and sold. This project was completed in 1987 for a sell-out value of $25 Million. "Royal Marco Point" and "The Habitat," Marco Island, Florida. These twO developments are in the remaining sections of the exclusive "Hideaway Beach" project at the northerly tip of Marco Island "The Habitat," consisting of 52 condominium units, set on the fairways of the Hideaway golf course, was sold out by 19889 for $15 rviillion. "Royal Marco Point" is a beach-front development of 315 'vi.lla and mid-rise condominiums with prices ranging from $290,000 to over $1,100,000. Total sell-out value is over $170 Million. The project will be completed in 1997. himary Housin~. A joint venture was formed with MICe Properties, Inc. to develop affordable housing in the Greater Toronto Area. To date, a 288-unit townhouse development (104 social housing units for York Region Social Housing and 184 market condominium units) in Newmarket and a 59-unit townhouse project in Barrie has been completed. A 186-unit turnkey development in Whitby is currently under construction. A 148-unit development in Brampton, a 225-unit development in Mississauga and a l43-unit development in Oakville commencd in the summer of 1992. In the planning stages is a 1Sl-unit project in Brampton. Officers and Directors lames M R~inder..s. Mr. Reinders brings over 18 years experience in real estate development, construction, sales and management to his role of Chief Executive Officer of the Ror.to Companies (U.S.). Under his direction, Ronto has developed, constructed andJor owned residential and commercial projects valued in excess of $350,000,000. Mr. Reinders is a graduate of the University of Florida Law School. William E~~. Mr. Snyder is Vice President of Finance and Controller for Ronto Devclopments and has over 20 years experience in all aspects of real estate acquisition, development, 27 -~... ~"...- _.~.........~~~ 1 6G 3 construction and management. As a controller for W.R. Grace & Co. Real Estate Division, his responsibilities involved projects in six states and annual sales in excess of $300,000,000. Bill joined the Ronto Companies in 1982 and has had financial responsibility for projects totaling in excess of $300,000,000 in sales volume. Bill holds an !villA (Finance and Accounting) from New York University, as well as Real Estate Broker, Community Association Manager and Mortgage Broker licenses Angela E Lesperance. Angela is the Sales and Marketing Director for Ronto Developments. Born in The Hague, Holland she was educated in Holland and Canada and is fluent in five languages. She has completed extensive real estate management, interior design and marketing post graduate studies. She has 20 years (the past 15 years with Ronto) experience in the real estate profession, focusing on marketing and sales of the ultra-luxurious condominium markets, with a sales value in excess of $800,000,000. Additionally, Angela previously owned and operated her own real estate marketing and consulting firm Raymond G Harris. Mr. Harris is Vice President of Site Development and Environmental Permitting for Ronto. Ray has over 20 years experience (9 years with Ronto) in the field of surveying, civil engineering, design and planning. Ray has dealt extensively with all major Florida environmental agencies, as well as the U.S. Army Corps of Engineers. He has managed in excess of $100 Million in site development contracts. Prior to joining Ronto, he worked for 10 years ,,~,.ith Kieth and Schnars, P.A., as Project manager of a 300-employee engineering firm. Mark TavlQI :Mr. Taylor is the Land Development Supervisor for Ronto Developments and has 22 years experience in landscape design, installation, land clearing, large tree transplanting and maintenance. During his 9 years with Ronto, he has also supervised road construction and underground utility installation. Mark works closely with governmental agencies to protect endangered flora dn fauna. He has designed landscaping plans for more than 50 projects involving over 15,000 housing units. C Fred Bailey. Mr. Bailey, Project Development Analyst, jointed Ronto in January of 1995. He has over 16 years of experience in real estate sales and finance. Prior to joining Ronto, ?vir. Bailey was Senior Vice President for Barnett Bank of Naples, in charge of commercial real estate lending in the Collier County, Florida market. Fred holds a B.S. degree in Economics and an MBA (Finance) from West Virginia University. He also graduated, with honors, from the Stonier Graduate School of Banking at the University of Delaware. Additionally, Mr. Bailey holds a Florida real estate license and mortgage brokerage license. Tax Matters The Internal Revenue Code of 1986, as amended (the "Code"), includes requirements which the District must continue to meet after the issuance of the Bonds in order that interest on the Bonds not be included in gross income for federal income tax purposes. The District's failure to meet these 28 1 6G 3 requirements may cause interest on the Bonds to be included in gross income for federal income ta'( purposes retroactive to the date of issuance. The District has covenanted in the Indenture to take the actions required by the Code in order to maintain the exclusion from federal gross income of interest on the Bonds. In the opinion of Bond Counsel, rendered on the date of issuance of the Bonds, assuming continuing compliance by the District with the tax covenants referred to above, under existing statut(;s, regulations, rulings and court decisions, interest on the Bonds is excluded from gross income for federal income tax purposes. Interest on the Bonds is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, interest on the Bonds is taken into account in determining adjusted current earnings for purposes of computing the alternative minimum ta'( imposed on corporations. The Bonds have been designated by the District as "qualified tax exempt obligations" within the meaning of Section 265(b )(3) of the Code, the interest on which may be excluded from the allocation required of certain "financial institutions" under, and as defined in, Section 625(b) of the Code. Bond Counsel is further of the opinion upon the date of issuance of the Bonds that the Bonds and the interest thereon are exempt from taxation under the laws of the State of Florida, except as to estate taxes and taxes imposed by Chapter 220, Florida Statutes, on interest income or profits on debt obligations owned by corporations as defined therein. Except as described above, Bond Counsel will express no opinion regarding the federal i:1come tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of the Bonds. Prospective purchasers of Bonds should be aware that the ownerspjp of Bonds may resuit in other coUateral federal tax consequences, including (i) the denial of a deduction for interest on indebtedness incurred or continued to purchase or carry Bonds or, in the case of a financial institution, that ponion of an owner's interest expense allocable to interest on a Bond; (ii) the reduction of the loss reserve deduction for property and casualty insurance companies by fifteen percent (15%) of certain items, including the interest on the Bonds; (iii) for taxable years beginning before 1996, the inclusion of interest on Bonds in "modified alternative minimum taxable income" for purposes of the environmental tax imposed on corporations; (iv) the inclusion of interest on Bonds in the earnings of certain foreign corporations doing business in the United States for purposes of the branch profits tax; (v) the inclusion of interest on the Bonds in passive investment income subject to federal income taxation of certain Subchapter S corporations with Subchapter C earnings and profits at the close of the taxable year; and (vi) the inclusion in gross income of interest on Bonds by recipients of certain Social Security and Railroad Retirement benefits. Agreement by the State Under the Act, the State of Florida pledges to the holders of any bonds issued thereunder, including the Bonds, that it will not limit or alter the rights of the issuer of such bonds to own, acquire, construct, reconstruct, improve, maintain, operate or furnish the projects subject to the Act or to le\<y and collect taxes, assessments, rentals, rates, fees, and other charges pro\;ded for in the 29 ~~~..-----_.."'.. _._~-_.. - - 1 6G 3 I I A'-1: and to fulfill the terms of any agreement made with the holders of such bonds and that it will not in any way impair the rights or remedies of such holders. Legality for Investment The Act provides that the Bonds are legal investments for savings banks, banks, trust ... companies, insurance companies, executors, administrators, trustees, guardians, and other fiduciaries, and for any board, body, agency, instrumentality, county, municipality or other political subdivision I oftbe State of Florida, and constitute sec.:urities which may be deposited by banks or trust companies as s.ecurity for deposits of state. county, municipal or other public funds, or by insurance companies as required or voluntary statutory deposits Suiubility for Investment While the Bonds are not subject to regi..stntion under the Securities Act of 1933, as amended (the .. Securities Act") in reliance on exemptions contained therein. the Underwriter has determined that the Bonds are not suitable for investment by persons other than. and pursuant to Chapter 189, Florida Statutes, the Bonds may be offered only to, "accredited investors" within the meaning of Chapter 517, Florida Statutes and the rules promulgated thereunder. prospective investors in the Bonds should have such knowledge and experience in financial and business matters to be capable of evaluating the merits and risks of an investment in tht. Bonds and have the ability to bear the economic risks of such prospective investment, including a complete loss of such investment. Each prospective investor..wI be given access to such additional information, including the benefit of a site visit of the District and the opportunity to ask questions of representatives of the Landowner and U.S. Homes, as such investor deems necessary in order to make an informed decision with respect to the purchase of the Bonds. Prospective investors are encouraged to request such additional information, visit the District and ask such questions. Such requests should be directed to: William 1. Reagan Senior Vice President William R. Hough & Co. 792 Broad Avenue South Naples, Florida 34102 Telephone: 941 649-6077 Continuing Disclosure The District and the Landowner have covenanted for the benefit of Owners to provide certain financial inforrnation and operating data relating to the District and the Landowner (the "Annual Report"), and to provide notices of the occurrence of certain enumerated events, if deemed by the 30 ';'--""____' ~~.""".'~~""'__"""'." ~.........ti'l"'''''"''''''''' ~~""""'""'"~ ....,......_~,lI'.....WIV"'_r~_~~. ~) :... '. '. : :-......, '.. . ~ . \ ~ ;. l .~-....._. ....'-'" - ::: :. \' ;.~:'. I' .:. L"" '. '.. 'j' ." '" \ . . . . : ~,~ . ': .. / . . '. . 1 6G 3 District to be material. The Annual Report VIlli be filed by the District or a dissemination agent on behalf of the District with each Nationally Recognized Municipal Securities Information Repository ("NR.\-1SIR") and State Repository, if any, as set forth in the Continuing Disclosure Agreement (Appendix F hereto). The notices of material events will be filed by the District or a dissemination agent on behalf of the District with the Municipal Securities Rulemaking Board and with each NRl\1SIR and State Repository, if any, as set forth in the Continuing Disclosure Agreement. Appendix F hereto. The specific nature of the information to be contained in the Annual Report or the notices of material events is set forth under the caption "Appendix F - Form of Continuing Disclosure Agreement." These covenants have been made in order to assist the Underwriter in complying with S.E.C. Rule 15c2-12(b)(S) (the "Rule"). Neither the District or the Landowner have ever failed to provide continuing disclosure under the Rule Disclosure Required by Florida Blue Sky Regulations Section 517.051, Florida Statutes, and the regulations promulgated thereunder (the "Disclosure Act") requires that the District make a full and fair disclosure of any bonds or other debt obligations that it has issued or guaranteed and that are or have been in default as to principal or interest at any time after December 31, ! 975 (including bonds or other debt obligations for which it has served only as a conduit issuer such as industrial development or private activity bonds issued on behalf of private businesses). The District is not and has not since December 31, 1975 been in default as to principal and interest on its bonds or other debt obligations. Litigation There is no litigation of any nature now pending or threatened restraining or enjoining the issuance, sale, execution or delivery of the Bonds, or in any way contesting or affecting the validity of the Bonds or any proceedings of the District taken with respect to the issuance or sale thereof, or the pledge or application of any moneys or security provided for the payment of the Bonds, or the existence or powers of the District. Underwriting William R. Hough & Co. (the "Underwriter") has agreed pursuant to a contract with the District, subject to certain conditions, to purchase the Bonds from the District at a purchase price of par less Underwriter's discount of$ (%), plus accrued interest from December I, 1996. The Underwriter's obligations are subject to cenain conditions precedent and the Underwriter VIlli be obligated to purchase all the Bonds if any are purchased. The Bonds may be offered and sold to 31 1 6G 3 certain dealers, banks and others at prices lower than the initial offering prices, and such initial offering prices may be changed from time to time by the Underwriter. Experts The references herein to Agnoli, Barber & Brundage, Inc., as the Consulting Engineer, have been approved by said finn, and the Report of Consulting Engineers, included in Appendix A to this Limited Offen."1g Memorandum, should be read in its entirety for complete infonnation with respect to the subjects discussed therein. Financial Advisor Fishkind & Associates has served as Financial Advisor to the District with respect to the issuance and delivery of the Bonds. The Financial Advisor has prepared the assessment methodology and ad...ised the District with respect to this Limited Offering Memorandum and other matters relating to the planning of the issuance and delivery of the Bonds. Validation As required by Florida, the Bonds were validated by final judgment of the Circuit Court of Collier County, Florida entered on April 29, 1994, wrjch judgment has not been appealed and the appeal period for which has expired. Legal Matters AJllegal matters related to the authorization, issuance, sale and delivery of the Bonds are subject to the approval of Greenberg Traurig Hoffman LipoffRosen & Quentel, P.A., Tallahassee, Florida, Bond Counsel. Certain legal matters will be passed upon for the Underwriter by its counsel, Nabors, Giblin & Nickerson, P.A., Tampa, Florida. Certain legal matters will be passed upon for the District by its counsel, Young, van Assenderp & Varnadoe, P.A., Naples and Tallahassee, Florida, and for the Trustee by its counsel, Holland & Knight, Miami, Florida. Miscellaneous Any statements made in this Limited Offering Memorandum involving matters of opinion or estimates, whether or not expressly so stated, are set forth as such and not as representations of fact, and no representations are made that any of the estimates \\ill be realized. 32 _____-..--..............~ ~ ~ rl......R7~ ~...._~ -- ~ -_._.-..~ v-.... .. 1 6G 3 The references herein to the Bonds and other documents referred to herein are brief summaries of certain provisions thereof. Such summaries do not purport to be complete and reference is made to such documents for full and complete statements of such provisions. This Limited Offering Memora.I1dum is submitted in connection with the sale of the Bonds and may not be reproduced or used, as a whole or as a part, for any purpose. This Limited Offering Memorandum is not to be construed as a contract with the purchaser or the Owners or Beneficial Owners of any of the Bonds. This Limited Offering Memorandum has been duly authorized, executed and delivered by the District. HERITAGE GREENS COMMUNIlY DEVELOPMENT DISTRICT December _, 1996 Chairman 33 1 6G 3, (This page intentionally left blank) .,,~ ;,:r ;, \....:.:.":,;....;,.:. '" "_____-<<',____~""'t"'_ n-..~n.....n ""'1_" ~__""""""__~""'''_''''~'''''_.__-''-' *1l6lLv-...-....- ,-_._-,-~ -- --- ---~.- -~.-..-rr------~--_/-.~.~--'~- 1IitI 1 6G 3 APPENDIX A REPORT OF CONSULTING ENGINEERS .......--...--- -~ .,1;,.......---------... Irvq1' - -~- (This page intentionally left blank) - - ---01 r-.-- - ~.. 16G 3 1 6G 3 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT ENGINEER'S REPORT Prepnred for BOARD OF SUPERVISORS Of HERITAGE GREENS COMMUNITY DEVELOPi\1ENT DISTRICT Engineer t\GNOLI. BARBER & BRUNDAGE. INC. Professional Engineers. Planners & LrlOd Surveyor!' 7400 Tamiami trail North Naples. Florida 34 108 November 1996 . t I' ..... . t' , I..." .. 1 6G 3 HERlT AGE GREENS COMMLrNITY DEVELOPMENT DISTRICT ENGrNEER'S REPORT 1.0 INTRODUCTION Heritage Greens is a 252 acre planned residential and golf course community development located approximately:! miles east of Interstate Highway 75. on the south side of County Road 846, (lmlllokalee Road), in Collier County, Florida. In 1996 the local development and zoning approvals fro the community were amended to increase the residential density and to rename the comnHlnit). to Heritngc Greens, The configuration of the community is shown in Exhibit I The purpose of this report is to dcscribe tile Heritage Greens Community Dcvelopment District, antI the land lIses regarding the proposcd, required capital improvcments and timing Ihercof. apportionment of" the cnsts ror cilpi!ill il1lpro\"(.:mcl1ts, tilt; n.:commendcd linanl:ing sl:enario. and preliminary assesSll1cnt roll Tilt; Ilcritage Greens ({"mlllerly knc1\vn as Dovt; Pointe) ('oll1mllnit~. Devdopmcnl Distril:1 WilS l:slahlislled on July ~O. I C)C):1 by tile Collier Counly Board of Commissioners, pursuanl to Chapter I i)O, rlorida Statutes for the purpose of providing an alternative mcthod of managing and financ.:ing basic services for the community development. In 19<)6 the name of the District was changed to Heriti'lge Greens The Heritage Greens Community Development District will give the rropcrty owners an efficient mechanism to: I, To assure \he delivery of basic community services at sustained levels of high 'lualit~. over the long term: .., Use less expensive front end capital to finance the installation of infrastructure, 3. To economically pay for the operation and maintenance of infrastructure and services, Therefore, landowner residents within the Heritage Greens Community Development District may typically experience lower unit assessment cost for capital infrastructure and the delivery of basic services and potentially lower administrative costs as a result of a localized single purpose government. Itemized below arc the systems facilities and services which are contemplated for financing by the Heritag~ Greens Community Development District. \\'1'. ICt.ll-lIl:,( i,DOC/')r, 1 6G 3 20 DISTRICT BOUNDARY .AND PROPERTIES SERVED The District is bounded on the nonh by Immokalee Road. (County Road 846). by the Laurel Oaks Elementary School, and Gulf Coast High School which is currently under construction. on the east by the proposed extension of Logan Boulevard, on the south and on the west by agricultural l<1nds Table 1 indicates the land uses and acreage proposed within Ihe District boundaries 3.0 PROJErT DESCRIPTION The existing site is currently a panially developed area~ the lIndeveloped ponion exhihit:, elevation:, of approximately 13.0 feet NGVD. Heritage Greens has its entry from Immoblee Road (County RO<1d 846.) A network of District roadways will be constructed within the cJeve::lopmCfll, please refer to Exhibit # I for the proposed road layout The water management system for Heritage Grecns hils heen designed (0 operate Ihl"O:,.::h il series 01' inlets which collect storm water which has (,dlen over the roads, rcsitkntial lots alld recreational golr course. This is achieved hy conveying Ihe storm water bdow groutld through a net\\or~ or r:.;inrorccd concrete pipes that discharge to the lakes strategically located lhrlll/ghoUI Ihl.: ~olr course. These lakes are interconnected with pipes such that their elevations .m: equalized The I,lkes provide the necessary storage and water quality treatment as required by South rlnridil Wilter Milnil.:;elllent District and Collier County. After being retained and trented in the li1ke~, the ~torl1l water i~ (hcn discharged at a controlled rate ofT-site to the South Florida Water Milnngcml:nt Di~lricl c;]nill on the nonh side of Immokalee Road. In the futurc thi~ drainage will be discharged 10 the south per modifications anticipated in the Collier County Basin Master Drainage Plan Sanitary sewage is collected by a gravity system made up of pye pipes and manholes which are under the roads. The sewage flows by gravity to one of four pump stations located throughout the development. Three of these stations pump the sewage by pressurized PYC transmission mains to a master pump station, which then pumps off-site to a Collier County sanitary sewage transmission main along the south side of lmmokalee Road. The water distribution system is fed from a transmission malO along the nonh side of Immokalee Road. Potable water services is provided to the area through a network of 6". 8" 10" ilnd 12" PYC pipes installed within the right-of-ways of the development. WI'. 1 (I.II-lll'i(;.))OC/')(, 2 ILLlII/IlJ ~ - -- 1 6G 3 -lO (O\l~IUNITY DE\'ELOPi\lENT DISTRICT r~frROVEi\IENTS AND ..\SSOCIATEQ (ONSTRUCTION (OST5 Facilities. the construction maintenance and operation of which are to be financed by the District may include: Construction of on-site sanitary sewage collection and transmission system. ... Construction of on-site potable water distribution system, stormwater management system including collection facilities. ilnd lakes for storilge and wilter C]uality. internal madw;l\.s including p;wing. grading, street lighting. sidewalks. etc. 3 Landscilping \vi!hin rOild right-of-ways. at project entry and on project perimeter. E!t:l11ents. which will he constructed by [he Dimict. but may ht: nlilintilined and operated by olhers ...,ill incluue Sallitary scwa!:;t: cnllcction and transmission system, which will be dedicilted to ('tlllier Count)' Water and St:wcr District ., Pot;lbk w<1lt:r distribution sy'stl:m. which will bt: (h.:dicated to Collier Count)' Walt:r and Sewer District. ~ 0 PR(WOSEfJ ASSESSMENT ) I (';1ritill Proiect Summuy A list of the proposed Heritage Greens Community District Capital Projects ;lOd the construction costs associated therewith is indicated in Tables 2 ilnd 3. The total cost for the del ivery of the infrastructure by the District to the Community Development. including financing costs is sumrnilrized in Appendix A "/'rc!il1lil/w:r AS.'."SSl11cJ/f ^1"f!mJo!ogy & A!!()coti()}/.!o,. Hcritage Crec/ls Commul/it)' lJC!\,(:/OfJl11C!1II /)ist,.ic;t" prepared by Fishkind & Associates. Inc. Each of these systems, facilities and services falls under the category of allowable and authorized District activities as defined in Secti0n 190. Florida Statutes and costs associated with each is reasonable. \\"1'-11 I-I 1~(l5( i. DOC/% 3 I .;! "J (f) i ~ 0 >- W ? l c...J C(f) ...J (/) 16G ~~ zl- ::::g ~ ~ <cO <C ::) ...J l1.. 0 I ~~ XI I U <CU ~U i=(f) l1.. N I-W 0..< .J~ ...J .. ~ (f)X ::)0 :)0 0 . ww au ::::g...J <-' 1 0 ~ ~ D , n:: I 0.. I . . , t '.l J I I :.f I , I ; ( I I " <l 0: I j OOVf" POINTE OR HERIT,t.SjF GREINS 11;:.(\\.; ca .. HlJSO...Cf:... P~!.,"'oB<lI 'll'!"'...ct='nu. p*er.." .. ""bid """,,,,'0" JCAl[: ..... ..........,.., ~ """" 11II. ....... I"L ""f.,',"'t~f~ll .... -='-'ry' ..... c......... """ ":..,...,. 1\ .,..... rt. S)IIotto I.U_'.I~II '_,:~:'l""""'~ _ .owc.I:t:T IIIll. 7:IW SI TE PLAN EXHIBI T 1 , a-, NTS III:It:I DIIIIOt .u-ar I'lDT_ IUIIIll. .-u ",.._-,^-~~---~<"<""_...._,",-"_..._,.---",....-,,,-~,,,,,,,,,,...,,,"_.~_.,---,...,,-.,,,-,,~,'--'-",,'---"""""--'--'~'--- PROPERTY DEsrRIPTION ESlate Lots Executive Lots Duple:>.: Lots Coach Lots 1'.luhi-t"iil1lily Lots (jolt" Course Tracts Open Space Tracts Road Right-of-ways I'reserve TOT AL: WI'.] (J.(J~115(; DOCII)(, TABLE I PROPERTY SUt\1J\1ARY 16G 3 OUANTITY UNITS ACREAGE 27 27 <> 136 136 25 -.. 106 ]8 ).' 20 SO <> 180 180 17 14~ 2~ I) 52<) Units 252 ^crcs 5 ~~--~ ._~,-.;---,..............--~~~ . ... ~ . ~ ' . ", ", '. ,\ ':. .: ". . 4::' TABLE 2 SUT\tMAR Y OF DISTRICT F ACILlTIES Ai'\D COSTS (Qll $\,480.510 S2.926.990 FACILITY DESCRIPTION Roads Other TOT I\L WI'.lll.II.W5{i.DOC/% $~.407.500 6 16G 3 ~ 'III 'I' 1\ ,,," t,..,]~1 '~H~~ . '" ,\\\ ~tl'. 'til\\\~I' 1,1 \ \, \ ,I \ 't~V\I\l~ Ill\ \'\\\\\l \~~'WII\~,\, ""''''''1'1 . . -~"\'~~' . ~111 ~\r\\\ j "1\1' 1111'1"\ 1 \1''1 \1I1111~ I ~\~, . !'i .11'1' I tl'l (11111 1./1I11'1I'-11I'11I11I1'tll tI~llII/l1I Iill,lilll/illI/ t, III ,rlirtrll/llililtilil I ,l..J" L:. 'wi ~ lI~~\wtt!\\~P"tq ..,., \~:\ .)I\~~hl~\ .~..\\ \.\\\~ , , 1\ '1\ ,. .' " ,. '. .. p, '; i '! DISTRICT FACiLITIES AND PRELIMINARY OPINION OF PROBABLE COST DISTRIBUTION RESIDENTIAL ROADS OTHER Water $334,682 S334,682 Sanitar; System . $693,476 $693.476 Drainage $438,773 S438,773 Water mgmnt. exc. fill to roads $112.705 $112.705 Water mgmnt. exc. and site grading $774.010 S774,010 f--. . Paving & Roadway $913,088 $913.088 Street Lights $60,100 S60.100 Front Entry Statement $30,000 $30.000 ~. ontlngency S 1 00.000 S50.000 $50.000 Landscaping $300,000 S300,OOO SUB- TO I AL $3.756.834 PERMITS. CONST M.A,NAGEMENT AND ENGINEERING FEES IPermlt fees S3,466 $1.733 $1.733- ...,. Construction Plans $59.346 $19.584 $39,762 Permitting $35,000 $11,550 $23,450 Certification $45,000 $45.000 Utility Turnover $5,000 $5.000 Flond2 Power and Light $332,000 S332.000 Sprint United Telephone of Florida $53,355 $53.355 Const. Observation $117,500 $11 ,750 $105,750 SUB-TOTAL $650,667 TOT ALS $4,407,501 rrr:-480.510 I S2.926.99Tl 7 '. . \ '. :.: '- .. ~.: ~ ..:.' _. ;;qrrlf __ 'MII)7 16G 3 i i\IETHODOLOGY FOR ALLOCATION OF EARTH FILL MATERIAL f .. In order to satisfy' requirements for water management in the Heritage Greens Community the placement of eanh fill ......ill be needed to elevate the land from the existing elevation to meet design grades Fill will be placed both within the golf course as well as within the residential area. The design requirements of the golf course will necessitate the placement of approximately 3)0.O~ cubic Y<1rds of e<1rth fill m<1teriaJ. Within the residential areas, !ill wiJl be required within the rO<1d\";<1Y nre<1S in order !(l meet regulntory and design requirements Fill material will be r~qllired \....ithin the;: development lot~ in order to promote drainage until such time as homes arc construct cd \Vhik this Cillmatcri"l could be from an on'site SOllfCC. to import the fill needcd woult.l hc signific1l1tlv more cnstl~' th;ln to cxcnvate L,kes onsite In addition. onsitc lakes will al:;o scrvc as water managemcnt facilitlcs <1nd crente an <1menity for the goJ[' course and the COIllIlHlnit\' as a wlwk It is the intent to construct the lakes to the design depth. ^ comhination or Speci<11 ^ssc:ssmcnt Rcvenue I30nds and privatc funding sourccs will be lIsed tll fund the excavation of the lakes ~ 1 1 \\.p.lll.(I-l11 ~(i.DOC/l)(, 8 ,,,,Pt....___,.'O;l_._- _.: . .', ) . " .: " ., ~ ,.,' ,.~ ." I" \ . " ~ ..' ',' . J. .. . _ .~\. ',;, , ',.: .' ',V .~ ~':.'. .'..: 1 6G 3 METHODOLOGY FOR ALLOe A TION OF THE COST OF THE STORM DRAINAGE COLLECTION SYSTEi-.f The Heritage Greens drainage collection system consists of a series of storm inlets. and concrete stonn cul\'erts wherein water is routed to lakes which are \vithin the golf course. These lakes have been interconnected by cu\ve11S which allow for equalization and conveyance of the storm water towards its ultimate discharge offsite. The com associated with these facilities ha\.e been split bCl\\/een the golf course and the residential components of the::0i1llliunity. the drain<lge \vas di\'ided into three categories: I'll E r~ESIDENT1AL CATEGORY. The ponion of the drainage systcm consists or facilities which provide the infr<lstructure specifically to drain the roads within the cUl1ll11unilyonly The cost ofthesc facilities should he horn h~' the residential t:tllllpunent ullly Till:: GOLl' COUI1.SE CATEGORY. This is thc ponion of the drainage facilities "hich were designed solely due to the existence of the golf coursp-. These <Ire typically the culvens (as well as structures and headwalls) which serve to interconnect the lakes The reasoning being that if not for the golf course, these interconnections could have been hy open swales. Therefore. we felt the total costs of these facilities should be allocated to the golf course component. TH E SHARED CATEGORY - The facilities which would fail into this category would primarily be those drainage structures and culverts which serve to drain the back yards of the residential ...reas but will also serve to drain on the golf course. The cost of facilities within this category have been split between the golf course and the residential components equally. 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II! ,. ~i ~r.J ,,' r..t~ ~.,':;ll.-' :l:!.li~.l~i -r: ~t-..',I."'~ :oJ' :..J Z ~ I. I" 'a I~ ~ '3 I\UJJjJJi.d2 :, ~ t: E; :r c'l..h . ... 0:: '" t l' ::: ~ e \1 ~ i HJ I ~Jm1'-f . Jil- , nIl I) ;l Ell 1 1 I; II': i:: Ii: I! I: : i I i II 1 : : ; ; ~ ; i ; 11'1 i . I . II I" I \ I! I:,. '; ,: i~ : III Ii;;;! : ii' t; I 1 ' , I I i ~ ; : i 'I; ~. r::- .-< \..~_______~__._:~ ::!.J:I -"-,,........- -'-, - ._-~... -.-- 1 6G 3 STATUS OF APPROVALS AND PERMITS HERIT AGE GREENS \\' 1'-1l1-1 WI IS( ;.DOC/'J{, II , .' 'I. ' "-:; . ~' .. 1 bG 3 ..\PPROV ALS .A.NO PERMITS FOR HERIT.A.GE GREENS I. The Planned Unit Development, P.U.D. Ordinance 96-55 ') P.U.D Site Plan approval 3. Florida Department of Environmental Protection Wastewater and Potable Water Permits 4 Vegetation Removal Permit 5. Collier County Right-of- Way Permit 6 Florid<1 Department or Environmental Protection Wastewater and Potablt: Water Permits 7. Temporary Use Pr.rmit for Soles Trailer R. Development Costs l3udgets <) [~ilibil "^-I" - Heritage Grecns Legal Description 10. Sr:WMD Pt.:rl1\it regarding Heritage Greens Surface Waler II SFWMD Permit rcsarJing Heritage Greens Water Use 12. SrWMD Righi-of-Wrt)' Permit I J. Sn\/MD Notice of Intent :0 Conduct Pre-Permit Work rLANNED UNIT DEVELOPMENT P U D OROfNANCE R6-62 An Ordinance amending Ordinance 81-1 was modified to Ordinance 96-55. The Comprehensive Zoning Regularions for the unincorporated area of Collier County. Florida. The PUD as an instrument governs project development, land use summary. density, single-family and multi-family residential development. maximum units, building setbacks, height restrictions, business development. golf course development. parks and recreation development. utility development. development standads, stipulations al1l commitments, P.U.D. Master Development Plan. location map. and legal description. It also speaks on environmental considerations. water management. traffic, utilities and engineering considerations, plan approval requirements, signage. site planning. development standards. subdivision regulations, environmental and archeological stipulations and commitments. WP.1!I.II.W5( i.J)()C/')(, 12 1 6G 3 This document is quite comprehensive and should be re\.iewed carefully as it is administered by Collier County and the development aspects are tailored by the P.U.D. Date of Execution: September 24. 1996 Term: Life of Project PLA T OF HERlTA0LG.BilNS SUBDiViSION On September 30. 1996. Agnoli. Bi'lrber & Brundage. Inc. (ABB) submitted the following to Collier County Project Review Services for an unsubstantial change review and approval. t. Devcloprr.ent Plans hy Agnoli. Barber & Bnmdage. No. 5714, sheets 1-2() inclusive. ") Plat of Dove Pointc Subdivision. No. 5783. shcets 1-17 inclusive: Collier COllmy will not issue a building permit until all utilities. roadway and bridge arc complclcd and accept cd hy Collicr County or the subject impro\'ements arc bondcd or sccurcd hy a Lcllcr of Crt.:dit Upon colllpletiol1or these improvements or bonding. th~ Plat can he rccordcd and building perm i IS issued. fLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTEWATER AND \V A TER PERMITS. The Florida Depar1ment of Environmental Protection Permits for Wastewater and Potable Water are being reviewed with our development plan at Collier County Project Review Services The permits will allow the servicing of the project with wastewater collection and transmission and potable water service. These permits allow 5 years to have the infrastructure constructed and then are valid for the life of the project. Both permits will need to be modified to allow for the additional units as shown on the revised plan following County approval of said plan. FDEP Wastewater Permit CSII-251991 Issued: June 15.1994 Term: Life of Project W!'.l11.11.lll:.(i.DOCf% 13 -_.__._~------....... ....;t.__-'~__.1'l1:Pl "__ ___~__ _._~ nr-'- ------.- 1 6G 3 FDEP Water Permit. Issued: Term: DS-II-251993 June 24, 1994 Life of Project VEGETATION REMOV AL PERMIT The developers have submitted to Collier County Project Review Services a Vegetation Remo\'"r Permit which \vill allow the developer to clear based on the Development Plans for the Sales Are" Plans for right-or-way Tree Clearing Pem,it were prepared by Agnoh. Barber & Brundnge. Drnwing No. 4147, sheets I-II, dated July 1993. This work has been completed. I sSlIed November 4, 1993 180 dnys T erl11: (,OI.I.IER COllNTY RIGHT-Of-"-WA Y PERMIT M3B has ;lpplit.:d for and received pemlits for work within tht.: Collier Count)' Righl-of-Wil)' I't.:rlllit No. ~87()C is for the Utility Connections and Permit No. 880)(' is for it driveway connection This '.yor\.; hilS bt.:cn completed. r:LORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTEWATER AND WATER PERMITS These have been appiied for to complete connections only within the Collier County Right-of-\Vay This work has been completed. FOEP Wastewater Permit: Issued Term: CS 11-234836 July 27, 1993 Life of Project FDEP Water Permit: Issued: Term: OS I] -234842 August 3, 1993 Life of Project \Vp.!1I.II.W3< ;.1)< lCN(. 14 1 6G 3 DEVELOP~fENT COSTS BUDGET These are the proposed development budgets based on design plans provided by Agnoli. Barber & Brundage for roadway and infrastructure design. EXHIBIT "A-I" HERIT AGj: GREENS LEGAL DESCRIPTION This is the legal description that is reflected on the Plat f(or Heritage Greens). which constitutes the total land area for the project. S.0l1TH FLORIQA W A TER MANAGEMENT DISTRICT (SFWMD) SURFACE W A TER PERMIT FOR SERVING 2~1 ~ ACRES OF RESIDf,NTIAL LANDS Sr-WMD Permit No. J 1-00718-5 for Heritage Grt:ens construction and operation of it wilter mana);cment system serving 252.3 acres of residential and golf course lands. ^ modification will be appropriate when drain"ge discharge outfall movc~ to southeast properly. Issued (expected) Term: August 12, 1993 Life of Project SOUTH Fl,..ORIDA WATER MANAGEMENT DISTRICT (SFWMD) WATER lISE PERMIT FOR SERVfNG 2~2 ~ ACRES OF RESIDENTIAL LANDS SFWMD Permit No. 11-00718-W for Heritage Greens irrigation golf course of 83.36 acres Withdrawals are via l\vo proposed withdrawal facilities and from on-site lakes via three proposed withdrawal facilities. A new Water Use Permit has been applied for and approval is anticipated shortly. Issued: (expected) Expiration Date: August 12, 1993 December 15, 1995 WP-I ().().W5(i.I)OC/')(, 15 ". ~___""_IIIlo" .... _._"'-"--,-~._""---,-~".,...._-"'-_..._"-_.'"- 1 bG 3 SOUTH FLORID." \VATER MANAGEMENT DISTRICT (SFWMD) RIGHT-OF-WA Y PER~lIT SFWMD Pennit No 994 for Heritage Greens Connection within District Right-of-Way. This work has been completed. Issued Expiration Date July IS. 1993 July31.1994 WP.I o.1l.W;,( i.DOC /% 16 1 bG 3 "EXHIBIT G-I" APPROV ALS AND PERMITS FOR HERITAGE GREENS The aforementioned permits and approvals comprises the total permits received to date needed to proceed with the development of the project. All of the permits and approvals have been reviewed by the staff of Collier County, Florida Department of Environmental Protection. and South Florida Water Management District, as indicated. Ronto Develo~ments Naples Inc. worked closely with the members of the government and community to establish development standards that addressed all of !he parties' concerns. To the best of cur professional knowledge all permits necessary to develop the property are either in place or will can be obtained in a timely fashion. We have no reason to believe that obtaining needed permits for this project should pose any problem wp.lo.n-Hl5u.DOC/,}(, 17 1 6G 3 (This page intentionally left blank) "',._____~tIi'''',____..._...__.J APPENDIX B CERTAIN INFORMATION REGARDING COLLIER COUNTY, FLORIDA 1 6G .. I'. .t'" . ..- ... '. . , ,'. ... ~. It' ~."'~ .. :: ,: 1'::" ~. 3 r---- ._~ 1 bG 3 (This page intentionally left blank) APPENDIX B CERTAIN INFORMATION REGARDING COLLIER COUNTY, FLORIDA 1 6G 3 (The remainder of this page intentionally left blank) 1 6G 3 r - - -- - -- ---- -.........- - 1 6G 3 APPENDIX B GENERAL INFORMATION CONCERN~G COLLIER COUNTY The follo\.\ing information concerning Collier County has been supplied by the County and is included orly for purposes of supplying general information regarding the County. The Bonds are payable from and Special Assessments of the Dove Pointe Community Development District heretofore described and arc not payable from or secured by other revenues or property of the County or any other political subdivision of the State of Florida. General Information Collier County (the "County") was established in 1923 by the Florida State Legislature from portions of Lee and Monroe Counties and its territorial limits, as they presently exist, contain approximat!;ly 1,994 square miles. In terms ofland area, it is the largest county in the State of Florida. The County is located on the southwest coast of the Florida peninsula directly west of the Miami-Fort Laudcrdale area. The County has an estimated 1995 population of 197,400. Principal industries within the County include tourism, agriculture, forestry and fishing, retail trades and construction. The City of Naples, the largest incorporated city in the County, is located in the western portion of the County. The 1990 United States Census showed an increase in the population of Naples Metropolitan Statistical Area (consisting of Collier County) of76.9% between the years 1980 and 1990, making it one of the fastest growing metropolitan statistical areas in the State. Population The County has experienced rapid population growth in recent decades. Most of the growth of Collier County has been due to migration. This change has gradually raised the median age of the County from 35.2 in 1970 to 38.0 in 1980 and 40.6 in 1990. The majority of the population is over the age of 15, with age category 15-44 comprising 38.3% of the overall population. The following table presents historical and projected population growth for the County for the period of 1960 to 2020: B-1 .' . .-..'. .' .. ~ .. \ ,::'~", : .' 1 6G 3 Population Trends Average Annual Average Annual United County Percentage State Percentage States Percentage liar Population Increase ~J.atiQn Increase Population In.~ 1960 15,753 14.3% 4,951,560 7.9% 179,323,175 1.8% 1970 38,040 14.2 6,791,418 3.7 203,302,031 1.3 1980 85,971 12.6 9,746,961 4.4 226,504,825 1.2 1985 11 5,900 7.0 11,322,300 3.2 237,971,000 1.0 1988 1 J 5,300 5.6 12,327,600 3.3 245,807,000 1.1 1990 152,099 6.2 13,152,700 3.0 250,410,000 1.0 2000 222,899 4.7 15,572,991 1.9 268,266,000 0.7 2010 284,600 2.8 17,969,295 1.5 282,575,000 0.5 2020 287,800 1.6 19,991,400 1.1 294,364,000 0.4 Source: Collier County, Florida; U.S. Bureau of Census; and University of Florida., College of Business Administration, Bureau of Economic and Business Research, Division of Population Studies, Elorida Estimates of Population 1995. B-2 --- --... 1 6G 3 Economy Collier County has consistently ranked high among Florida counties in terms of personal income per capita. The following table compares per capita personal income for the County with that of the State and the United States as a whole: Per Capital Personal Income for Collier County, the State of Florida and the United States (1981-1993) Collier State of United Y.e.ar County ...Ekll:i.da... Stat~s 1983 $15,732 $12,446 $12,223 1984 17,117 13,325 13,332 1985 18,3 70 14,218 14,155 1986 20,067 15,041 14,906 1987 21,969 15,796 15,638 1988 24,675 16,640 16,610 1989 26,628 18,024 17,690 1990 27,672 18,906 18,666 1991 27,412 19,326 19,201 1992 27,509 19,790 20,137 1993 28,574 20,828 20,800 Source: Florida Statistical Abstract, 1995. B-3 ~1~~~~_l'IItl'fP~;JfI.IUI~~~lI""""~--'~~'i'''''''''----''''''''''''''''.~''-'''''''~~ ~.-: . '." :.. .";': ........:....., \ , ,,}.;.. ::'"., .. '. .' ,..: " I: : ..: .' . .;. . .1 . .. . '. .' 1'-: )1 . 1 6G 3 COLLIER COUNTY EMPLOYMENT BY MAJOR L'lDUSTRY The following table shows the average monthly employment by major industry category located in the County for the year 1995. Industry Services: Hotels and Other Lodging. . . . . . . . . . . . . . Health Services. . . . . . . . . . . . . . . . . .'. . . . Business Services .................... Amusement and Recreation Services. . . . . . Services - Other ..................... Total Services ................... Retail Trade: Eating and Drinking Places . . . . . . . . . . . . . Food Stores ........................ Auto Dealer and Service Stations ........ Horne Furniture and Furnishings. . . . . . . . . Retail Trade - Other .................. apparel and Accessory Stores . . . . . . . . . . . General Merchandise Stores . . . . . . . . . . . . Building Hardware and Garden. . . . . . . . . . Total Retail Trade ................ Other: Agriculture, Forestry and Fishing ........ Construction . . . . . . . . . . . . . . . . . . . . . . . . Local Government ................... Finance, Insurance and Real Estate . . . . . . . Manufacturing ...................... Transportation, Communication and Public Utilities . . . . . . . . . . . . . . . . . . . . . Wholesale Trade. . . . . . . . . . . . . . . . . . . . . State Government. . . . . . . . . . . . . . . . . . . . Federal Government . . . . . . . . . . . . . . . . . . Mining........................... . Total Other. . . . . . . . . . . . . . . . . . . . . . . . . Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . Number afFirms Employee CQWl1* 64 377 354 108 ~ 2,361 3,315 6,181 3,320 2,869 U22 23,014 349 126 III 205 306 196 22 .-n 1,372 6,073 3,650 1,515 1,105 1,839 1,471 1,791 Ji.l 18,299 419 835 23 711 171 11,691 6,924 6,289 4,610 2,195 201 336 35 15 -.-:L 2,753 ~ 1,913 1,790 740 533 ~ 36,805 78.118. * Average number of people employed in 1994. Source: Charlotte County, Florida Comprehensive Annual Financial Report, Year Ended September 30, 1995. B-4 --"17.-11- -- 1 bG 3 COLLIER COUNTY UNEMPLOYMENT (1986-1995) County State of Florida Labor Unemployment Unemployment fur F or~~ Employment Unemployment Rate RatL- 1983 41,210 35,817 5,393 13.1% 8.6% 1984 44,098 41,132 2,966 6.7 6.3 1985 48,370 44,707 3,663 7.6 6.0 1986 54,221 50,950 3,271 6.0 5.7 1987 63,413 60,329 3,084 4.9 5.3 1988 69,815 66,842 2,973 4.3 5.0 1989 71,158 67,924 3,234 4.5 5.6 1990 76,019 71,822 4,197 5.5 5.9 199i 79,175 73,238 5,937 7.5 7.3 1992 81,163 73,949 7,214 8.9 8.2 1993 77,984 71,474 6,510 8.3 7.0 1994(1) 80,299 74,484 5,835 7.3 6.8 1995(2) 77,414 69,931 7,483 9.7 5.4 (1) (2) Figures as of May, 1994. Figures as of August, 1995. Source: u.s. Department of Labor, Bureau of Labor Statistics; and Division of Employment Security, Department of Commerce, State of Florida; and Florida Department of Labor and Employment Security, Bureau of Labor Markekt Information. Assessed Valuation The following table shows the assessed value and taxable value for operating millage in each of the past eight years. B-5 , .. ..'- j', " ,;, . '.' . 1 bG 3, Total Assessed and Taxable Value Collier County, Florida 1988 - 1995 Fiscal .illI Count)' Ta.xab1e Value Real Property Onl\' Ratio of Taxable: Value To Total As~,essed V alu~ County Taxable Value Personal Propem. Only Total Taxable Value(1) Total Assessed Value(l) 1995 1994 1993 ]992 1991 1990 1989 1988 $16,038,210,161 15,130,183,723 13,792,228,634 13,621,024,114 12,104,695,783 10,289,786,513 8,696,520,323 7,922,861,550 $18,617.175,306 17,682,048,000 16,740,669,000 16,409,800,000 14,633,015,000 12,594.100,000 10,811,216,000 9,655,234,000 90.94% 86.60 87.19 8712 86.49 85.58 87.36 87.37 $892,359,888 851,954,071 754,068,231 686,752,001 644,677,325 602,977,732 556,543,958 511,964,126 S 16,930,570,049 15,982,137,794 14.546,296,865 14,307,776,115 12,749,373,108 10,892,764,245 9,253,064,281 8,434,825,676 Source Collier County Comprehensive .<\nnual Financial Report for Fiscal Year ending September 30, 1995 and Colher County Property Appraiser's Office. The totals do not include Centrally Assessed. (I) COLLIER COUNIT, FLORIDA PROPERTI' TAX RATES - ALL DIRECT AND OVERLAPPING GOVERNMENTS (1986-1995) Special Debt Capital County Fiscal General Revenue Service Projects School Independent ~ Fund Funds Funds Funds Total District Districts Total 1986 3.2735 .6960 .1530 0.0723 4.1948 7.0480 1.2379 12.4807 1987 3.1754 .6761 .1366 0.8341 4.8222 7.1590 1.4 706 13.4518 1988 3.3339 .8372 .1040 I .0000 5.2751 7.5400 1.5815 14.3966 1989 3.4977 .8098 ,1076 1.0000 5.4151 7.8630 1.6302 14.9083 1990 3.3070 .7428 .1572 1.0000 5.2070 8.0240 1. 7531 14.9841 1991 3.3502 .6637 . ]378 1.0000 5.1517 8.2500 1.5718 14.9735 1992 3.3295 .7664 .1126 0.6580 4.8665 7.9570 1.4629 14.2864 1993 3.2580 .7726 .1094 0.5474 4.6874 8.0000 1.4455 14.1329 1994 3.6729 .7823 .1106 0.0000 4.5658 8.0860 1.5648 14.2166 1995 3.6028 .6834 .1062 0.0000 4.3924 8.3227 1.5028 14.2179 Basis for property tax rates is 1 mil per $1,000 of assessed value. Property is assessed as of January 1 st and taxes based on those assessments are levied according to the tax rate in effect that tax year and becoming due on November I st. Therefore, assessments and tax levies applicable to a certain tax yeai are collected in the fiscal year ending during the following calendar year. B-6 IV - - '" -'" - .61_ 1 ..:. . 't. ,~ ' : .'. .- .'. .' ,I ...:. . ~ 0<;.1 1 6G 3 Beginning v.ith fiscal year 1995 the millage rates for capital projects are included in the General Fund millage rate. Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 1995 Collier County, Florida Comparative Ratios of Bonded Debt To Total Taxable Valuation and Per Capita Indebtedness 1. Estimated 1995 Population 197,400(1) 2. Total Taxable Valuation (1995) $16,930,661,056(2) 3. Direct General Obligation Debt a) As a Percent of Taxable Valuation b) Per Capita $5,360,000 .0317% $27.15 4. Direct and Overlapping General Obligation Debt a) As a percent of Taxable Valuation b) Per Capita S5,360,000 .0317% $27.15 5. Direct Non-Self Supporting Revenue and Direct General Obligation Debt a) As a percent of Taxable Valuation b) Per Capita $72,645,118 .4291% S368.01 6. Direct and Overlapping General Obligation and Non-Self Supporting Revenue Debt a) As a percent of Taxable Valuation b) Per Capita $178,135,118 1.052% $902.41 (I) Collier County Planning Office. (2) Collier County Property Appraiser's Office. B-7 1 6G 3 The following table contains the countywide ad valorem millage rates for the tax years 1985 through 1995. Collier County, Florida Countywide Ad Valorem Millage Rates l..2.22 .l.2.2A. 122.l l..2.2l .l.22.l l22Q 1m 1m .lID m2 Coilier County 4.4479 4.5658 4.6874 4.8665 5.1517 5.2070 5.4151 5.2751 48222 4.1948 School District 8.3160 8.0860 8??oo 7.9570 8.2500 8.0240 7.8630 7.5400 7.1590 7.0480 Independent Districts um ~ J....ill.l .l..ill.2 .l..iill .J..lli.l ..1MQZ .l2ill. ..L:!1.QQ ...Lill2. Total 142181 142122 14.13,2 14 2864 ~2.~ 14 9841 14.9083 ] 4 3966 Jl45l1 12 4807 Sourc~: Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30 for Fiscal Years 1985 through 1995. l\1AJOR TAXPAYERS IN COLLIER COUNTY, FLORIDA No taxpayer provides more than one percent of the total ad valorem tax. revenues of the County. The ten largest taxpayers in 1994 were as follows: 1994 Property Taxes Levied Percent of Total Taxes Levied United Telephone Company offlorida Florida Power & Light Company WCN Communities' The Rltz Carlton Hotel Collier Development Corporation City National Bank of Miami, Trustee Raymond Lutgert, Trustee Lee County Electric Wal Mart Stores Halstatt Partnership Total Total Property Taxes Levied $ 1,468,630 1,462,409 1,176,841 1,013,025 1,000,991 992,774 583,798 468,565 408,718 399 981 $ 8.975.732 $238,523,018 0.61% 0.61 0.49 0.42 0.41 0.41 0.24 0.19 0.17 Q.J.Q UJ.% Source: Collier County Comprehensive Annual Financial Report for fiscal Year ending Septerr.ber 30, 1995, Collier County Property Appraiser's Office. Taxpayer listing in order of taxes levied. Amounts for taxpayers with similar, but not the same name have not been combined. B.8 1 6G 3 COLLIER COUNTY, FLORIDA PROPERTY VALUE, CONSTRUCTION AND BANK DEPOSITS 1986 - 1995 Construction and Property Values CommericallIndustri al ResidentialCl ) Fiscal Number of Value (In Number of Number of Value (In Bank Deposits Yrn permits(1) ~~ Permits('%) -1l.nite. ThQusands)Ol (I.n Jbousand~Y'l 1986 182 $27,754 2,1 S6 3,851 $182,775 $1,100,892 1987 252 36,007 3,059 6,085 292,118 1.323,150 1988 270 51,897 2,897 6,496 439,540 1,505,433 1989 300 77 .720 3,024 6,828 488.345 1,672.041 1990 382 51,559 3,046 6,332 422,736 1,910.521 1991 458 89,243 2,361 3,600 241,487 2,086,219 1992 339 77,169 2,870 4,552 369,141 2.07,133 1994 298 62,211 2,684 4,073 397,861 2,707,107 1995 266 47,724 14,191 4,323 475.7869 2,870,991 --- (I) (J) Includes Duplexes, Mobille Homes, Multi-Family and Single Family Structures. Department of Commtmil)' Development - Permitknit report by type of structure (new structures only). Nwn1x:r of unit; of non-residential constr'Jction is not available. Value is started at market value. Florida Banker's Association. OJ (') Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 1995. Agriculture Agriculture is a dominant factor in the economy of the County. Rainfall averages about 52 inches annually 'Nith most of the precipitation occurring during the late spring and summer. The high yearly rainfall and year-round mild temperature enable agriculture to be a productive sector of the County economy. As of December 1990, there were approximately 576,400 acres in agricultural production. The County is Florida's largest producer of vegetables, including tomatoes, cucumbers and peppers as major crops. Approximately 23,565 acres are devoted to citrus production in the County. In 1988-90, there were 2,542,000 boxes of citrus produced. Over 170,000 acres are utilized for cattle pastureland and rangeland. Tourism Tourism is a major factor in the economy of the County. Visitors to the County enjoy its Gulf of Mexico beaches, golf, tennis and other attractions. Everglades National Park, the United States' only subtropical national park, located near Naples, comprises a substantial portion of the County. Collier-Seminole Park and Corkscrew Swamp are also located close by. Saltwater fishing in the Gulf of \1exico. as well as freshwater fishing. makes the many lakes and waterways popular vacation SpOts. The County is regard as one of the largest shelling areas in the cnited States. B-9 f." 1 6G 3 Transportation Collier County is served by U.S. Highway 41 (the Tamiami Trail) and the Everglades Parkway, which links Naples to the east coast of Florida and intersects U.S. Highway 27, providing access to the Sunshine State Parkway. An extension ofInterstate Highway 75, down the west coast of Florida from Tampa to the Naples area and connecting the Everglades Parkway has been completed. Upon completion of a construction project to expand Everglades Parkway to four lanes, it became part of the Interstate Highway System and 1-75 which runs from Naples to Miami. Greyhound Bus Lines connects the County to all points within the State. Freight forwarders provide interstate connections. Air service is available at the Naples Airport o'NIled by the City of Naples and covers an area of approximately 650 acres. The airport has two lighted 5,000 feet hard surfaced runways, each 150 feet wide. Commuter airlines offer regularly schedules flights to ?v1iami and Tampa. Air service at the Southwest Internat~onal Airport near Fort Myers, 35 miles north of Naples, reaches major eastern cities. Educational System The County school system serves approximately 23,000 students in over 30 schools. The public schools provide a varied adult education program and a special program for pre-school children. There arc several private and parochial schools in the County offering classes from kindergarten through the twelfth grade. Edison Community College's main campus, in Fort Myers 'With a branch campus in Naples, offers technical training as well as college preparation for students. Medical Facilities Naples Community Hospital, a non-profit, private corporation, provides health services to the residents of the County. It has approximately 1,300 professional and support personnel and an additional 1,650 auxiliary members. The hospital currently has 381 beds, 24-hour emergency room service and a 20-bed psychiatric facility. In addition to the traditional hospital services and facilities, Naples Community Hospital provides the following specialized services and facilities: Physical Therapy Department, Intensive Care Unit, Special Care Wing (includes Intensive Care Unit, Cardiac Care Unit and Progressive Intensive Care Area), Electrodiagnostic Laboratory (EEG-EMG-ENG), Nuclear Medicine, Neurovascular Radiology and X-Ray Diagnostics, Special Procedures and Computerize Tomographic (CT) Scanning. The Collier County Health Department operates in every community in the County under the direction of a licensed physician and with a staff of trained specialists, including public health workers, nurses, sa.nitarians and clinical psychologists. B-lO .1 ..... I . I I ' .. :.~ ,'"'''' --~", t~~,. .L~: ~~. u."'."'.____--.-.u .... .. ,.. .' ~ I' '. ;.. I . ,.. . . ~ L . 1 6G 3 APPENDIX C FORM OF INDENTURE (This page intentionally left blank) 16G. 3 ..' .... ., :"'..: ..,.. ".:. ',. '... '.,..::.': ',' .'. .. ',..: ....; : '.. ,..: .:.' .. - TRUST INDENTURE 1 bG 3 BETWEEN HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT AND FIRST UNION NATIONAL BM""K OF FLORIDA, Miami, Florida, As Trustee Dated as of December 1, 1996 AUTHORIZING AND SECURING HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, SERIES 1996 GTH\HARRIS\15784.01\11/26/96 ...... -~~ .-.. -.-- TABLE OF CONTENTS ARTICLE I DEFINITIONS . . . . . . . . SECTION 2.01. SECTION 2.02. SECTION 2.03. SECTION 2.04. SECTION 2.05. SECTION 2.06. SECTION 2.07. SECTION 2.08. SECTION 2.09. SECTION 2.10. ------ 1 6G -. . -- 3 F.AGE ................. 3 ARTICLE II THE BONDS Amounts and Terms of Series 1996 Bonds; Details of Series 1996 Bonds . . . . . . . . . . . . Execution . . . . . . . . . . Authentication; Authenticating Agen t. . . . . . . . . . Registration and Registrar Mutilated, Destroyed, Lost or Stolen Bonds . . . . . . Temporary Bonds . . . . . Cancellation and Destruction of Surrendered Bonds Registration, Transfer and Exchange . . . . . . . . Persons Deemed Owners Qualification for The Depository Trust Company . . . . . . . . ARTICLE III ISSUE OF BONDS ARTICLE IV ACQUISITION OF PROJECT SECTION 4.01. Project to Conform to Plans and Specifications; Changes SECTION 4.02. Compliance Requirements . . . . GTH\HAKRIS\157B4.01\11/26/96 (i) ----... .,- -~~~ ~ - -""'~"'... -- ~..--~~ --- 16 18 18 19 19 20 20 20 21 22 SECTION 3.01. Issue of Series 1996 Bonds 23 SECTION 3.02. Issue of Refunding Bonds . 25 SECTION 3.03. Disposition of Proceeds of Bonds . 26 SECTION 3.04 Closing Statement; Payment by Trustee . . . . . 26 27 27 __~n_____~ __~...._-___..., .."...l!p"\II"'''r~,,",T~ ------ 1 6G 3 ARTICLE V CONSTRUCTION FUND SECTION 5.01 Establishment of and Payments from Construction Fund . . . 28 SECTION 5.02. Construction Fund Disbursements 29 SECTION 5.03. Records and Reports During Construction Period 30 SECTION 5.04. Completion of Construction 30 SECTION 6.01. SECTION 6.02. SECTION 6.03. SECTION 6.04. SECTION 6.05. SECTION 6.06. SECTION 6.07. ARTICLE VI NON-AD VALOREM SPECIAL ASSESSMENTS; APPIJICATION THEREOF TO FUNDS AND ACCOUNTS Non-Ad Valorem Special Assessmentsi Lien of Indenture on Pledged Revenues . . . Funds and Accounts Relating to the Bonds Revenue Fund . Debt Service Fund Debt Service Reserve Fund Procedure When Funds Are Sufficient to Pay All Bonds Rebate Fund . 32 33 33 34 35 36 36 ARTICLE VII SECURITY FOR AND INVESTMENT OR DEPOSIT OF FUNDS SECTION 7.01. SECTION 7.02. SECTION 7.03. Deposits and Security Therefor Investment or Deposit of Funds Valuation of Funds . . . . . . 38 38 39 ARTICLE VIII REDEMPTION AND PURCHASE OF BONDS 41 SECTION 8.01. Redemption Dates and Prices. SECTION 8.02. Notice of Redemption and of Purchase . . . . . . . . . SECTION 8.03. Bond Redemption Fund. . . . SECTION 8.04. Payment of Redemption Price SECTION 9.01. 43 45 46 ARTICLE IX COVENANTS OF THE ISSUER Power to Issue Bonds and Create Lien . . . . . . . . . . . . . 48 GTH\HARRIS\15784.01\11/26/96 (ii) .......- II V SECTION 9.02. SECTION 9.03. SECTION 9.04. SECTION 9.05. SECTION 9.06. SECTION 9.07. SECTION 9.08. SECTION 9.09. SECTION 9.10. SECTION 9.11. SECTION 9.12. SECTION 9.13. SECTION 9.14. SECTION 9.15. SECTION 9.16. SECTION 9.17. ... _ ~ ~ ll"'P" -....... L r Payment of Principal and Interest on Bonds ... Special Assessments; Re- Assessments Method of Collection Delinquent Special Assessments Sale of Tax Certificates and Issuance of Tax Deeds; Foreclosure of Special Assessment Liens . . . Books and Records with Respect to special Assessments. . Removal of Special Assessment Li ens . . . .. .... Completion of Project . .. Construction to be on Issuer Lands . . . . . Operation, Use and Maintenance of proj ect. . . . Observance of and Compliance with valid Requirements. .. Payment of Operating or Maintenance Costs by State or Others . .. .... Public Liability and Property Damage Insurance; Maintenance of Insurance; Use of Insurance and Condemnation Proceeds Collection of Insurance Proceeds Use of Revenues for Authorized purposes Only ....... Books, Records and Annual Reports . . . . .. . SECTION 9.18. Observance of Accounting Standards. . SECTION 9.19. Employment of Certified Public Accountant .. ....... SECTION 9.20. Establishment of Fiscal Year, Annual Budget . . .. ... SECTION 9.21. Employment of Consulting Engineer; Consulting Engineer's Report. . ...... SECTION 9.22. Audit Reports .. ... SECTION 9.23. Information to Be Filed with Trustee ... . . SECTION 9.24. Covenant Against Sale or Encumbrance; Exceptions SECTION 9.25. Fidelity Bonds GnI\liARRIS\157B4. 01 \11/26/96 (iii) 1 bG 3 .EMiE 48 . . . . 49 49 50 50 51 51 52 53 53 53 . . . . . . . 53 . . . . 54 56 57 57 58 58 58 59 59 59 60 60 - ._...~-- -~ ~.__.-.~.-._- ---..------ _.....~....-...- .... ",..". . ,': :,' " J' f " 1 bG 3 .EMZE SECTION 9.26. No Loss of Lien on Pledged Revenue . . . . . . . 61 SECTION 9.27. Compliance With Other Contracts and Agreements . . . . . . . . . . . . 61 SE'2TIOH 9.28. Issuance of Additional . Obligations 61 . . . . . . . . . . . . . . SECTION 9.29. Extension of Time for Payment of Interest Prohibited 61 SECTION 9.30. Further Assurances . . . . 61 SE'2TION 9.31. Investments to Comply with Internal Revenue Code 61 SECTION ~.32. Corporate Existence and Maintenance of Properties 62 SECTION 9.33. Continuing Disclosure . . 62 ARTICLE X EVENTS OF DEFAULT AND REMEDIES SECTION 10.01. Events of Default and Remedies SECTION 10.02. Events of Default Defined SECTION 10.03. No Acceleration ...... SECTION 10.04. Legal Proceedings by Trustee. SECTION 10.05. Discontinuance of Proceedings by Trustee. .. . SECTION 10.06. Bondholders May Direct Proceedings .. SECTION 10.07. Limitations on Actions by Bondholders. .. SECTION 10.08. Trustee May Enforce Rights Without Possession of Bonds SECTION 10.09. Remedies Not Exclusive SECTION 10.10. Delays and Omissions Not to Impair Rights .. . SECTION 10.11. Application of Moneys in Event of Default ... ~ECTION 10.12. Trustee's Right to Receiver; Compliance with Act .. . SECTION 10.13. Trustee and Bondholders Entitled to all Remedies under Act 65 65 66 66 66 66 66 67 67 67 67 68 68 ARTICLE XI THE TRUSTEE; THE PAYING AGENT AND REGISTRAR SECTION 11.01. Acceptance of Trust . . . . . . . . . . SECTION 11.02. No Responsibility for Recitals. . . . . 69 69 (i v) GTH\HARRIS\15784.01\11/26/96 SECTION 11.03. Trustee May Act Through Agents; Answerable Only for Willful Misconduct or Negligence . SECTION 11.04. Compensation and Indemnity. SECTION 11.05. No Duty to Renew Insurance. . SECTION 11.06. Notice of Default; Right to Investigate . . . . . SECTION 11.07. Obligation to Act on Defaults SECTION 11.08. Reliance by Trustee SECTION 11.09. Trustee May Deal in Bonds SECTION 11.10. Construction of ~biguous provisions ... SECTION 11.11. Resignation of Trustee SECTION 11.12. Removal of Trustee .. SECTION 11.13. Appointment of Successor Trustee SECTION 11.14. Qualification of Successor SECTION 11.15. Instruments of Succession SECTION 11.16. Merger of Trustee .. SECTION 11.17. Extension of Rights and Duties of Trustee to Paying Agent and Registrar .... SECTION 11.18. Resignation of Paying Agent or Registrar. ... SECTION 11.19. Removal of Paying Agent or Registrar . . . . . SECTION 11.20. Appointment of Successor Paying Agent or Registrar . . SECTION 11.21. Qualifications of Successor Paying Agent or Registrar SECTION 11.22. Judicial Appointment of Successor Paying Agent or Registrar SECTION 11.23. Acceptance of Duties by Successor Paying Agent or Registrar SECTION 11.24. Successor by Merger or Consolidation .. .. 1 6G 3 ARTICLE XII ACTS OF BONDHOLDERS; EVIDENCE OF OWNERSHIP OF BONDS SECTION 12.01. Acts of Bondholders; Evidence of Ownership of Bonds ..... (v) GTH\HARRIS\15784.01\ll/26/96 EAGE 69 69 70 70 70 70 71 71 71 71 72 72 72 73 73 73 74 74 74 75 7S 7S 76 ~.-... - ------ ~m ... t___ .~ _.._ 1 6G 3 .EAGE ARTICLE XIII AMENDI1ENTS AND SUPPLEI1ENTS SECTION 13.01. Amendments and Supplements Without Bondholders' Consent. 77 SECTION 13.02. Amendments With Bondholders' Consent . . . . . . . . . . 77 SECTION 13.03. Trustee Authorized to Join in Amendments and Supplements; Reliance on Counsel . . . . . . . . . . . . 78 ARTICLE XIV DEFEASANCE SECTION 14.01. Defeasance SECTION 14.02. Deposit of Funds for Payment of Bonds . . . . 79 79 ARTICLE XV MISCELLANEOUS PROVISIONS SECTION 15.01. Limitations on Recourse . . . . 81 SECTION 15.02. Payment Dates . . . . . . . . . 81 SECTION 15.03. No Rights Conferred on Others 81 SECTION 15.04. Illegal Provisions Disregarded 81 SECTION 15.05. Substitute Notice 81 SECTION 15.06. Notices . . 61 SECTION 15.07. Controlling Law 82 SECTION 15.08. Successors and Assigns 82 SECTION 15.09. Headings for Convenience Only 82 SECTION 15.10. Counterparts . . . . . 82 SECTION 15.1l. Appendices and Exhibits 83 EXHIBIT A LEGAL DESCRIPTION OF HERITAGE. GREENS COMMUNITY DEVELOPMENT DISTRICT DESCRIPTION OF THE PROJECT FORM OF SERIES 1996 BOND FORM OF REQUISITION . . . . A-l B-1 C-l D-1 EXHIBIT B EXHIBIT C EXHIBIT D GTH\HARRIS\15784.01\11/26/96 (vi) ---- -----------------.._-------~- -----. _... .--------....----.......- 1I.1:l - ---, - .....--.-._.~i - ............-_.......-~w.a.. .,-- .- II 1 6G 3 THIS TRUST INDENTURE, dated as of , 1996 (the "Indenture") by and between HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT (the "Issuer"), a local unit of special-purpose government organized and existing under the laws of the State of Florida, and FIRST UNION NATIONAL BANK OF FLORIDA, a national banking associa- tion duly organized and existing under the laws of the United States of America and having Corporate trust offices in Miami, Florida (said national banking association and any bank or trust company becoming successor trustee under the Indenture being here- inafter referred to as the "Trustee"); li 1. ~ H ~ .s. s. ~ 1: H: WHEREAS, the Issuer is a local unit of special-purpose govern- ment created and established in accordance with the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the "Act") and by Collier County, Florida (the "County") i and h'HEREAS, the premises to be governed by the Issuer are described more fully in Exhibit A attached hereto and made a part he::::"eof (the "District Lands" or the "District") and consists of approximately 252 acres of land located entirely within the County; and h'HEREAS, the Developer, as hereinafter defined, proposes to develop within the District certain residential units and related facilities constituting a community development to be located on the District Lands; and WHEREAS, the Issuer has been created and established for the purpose of delivering certain community development services and facilities for the b~nefit of the District Lands; and WHEREAS, the I ssuer has decided to undertake the planning, financing, acquisition, construction, equipping and installation of certain improvements authorized pursuant to the Act for the special benefit of the District Lands and all other facilities authorized by the Act (the "Project", as hereinafter defined); and WHEREAS, the Issuer proposes to finance the cost of acquisi- tion and construction of the Project by the issuance of the Bonds (hereinafter defined) pursuant to this Indenture; , , 1 NOW, THEREF"ORE, THIS INDENTURE WITNESSETH, that to provide for the issuance of the Bonds under this Indenture, the security and payment of the principal, redemption or purchase price thereof (as the case may be) and interest thereon, the rights of the Owners of the Bonds and the performance and observance of all of the covenants contained herein and in said Bonds, for a~d in l' j GTH\KAKRIS\15784.01\11/26/95 .i... - 1 6G 3 co~sideration of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the Owners thereof, from time to time, and of the acceptance by the Trustee of the trusts hereby created, and intending to be legally bound hereby, the Issuer hereby assigns, transfers, sets over and pledges to the Trustee and grants a lien on all of the right, title and interest of the Issuer in and to the Pledged Revenues (hereinafter defined) as security for the payment of the principal, redemption or purchase price of (as the case may be) and interest on the Bonds issued hereunder and to secure the performance of all the Issuer's obligations hereunder, all in the manner hereinafter provided, and the Issuer further hereby agrees ",ith and covenants unto the Trustee as follows: GTH\HAP.RIS\15784.01\11/26/96 - :2 - _..,A~~................ ~ .........._ _..- 004'" 1 6G 3 ARTICLE I DEFINITIONS In this Indenture and any indenture supplemental hereto (except as otherwise expressly provided or unless the context otherwise requires) terms used as defined terms in the recitals hereto shall have the same meaning throughout the Indenture, and in addition, the following terms shall have the meanings specified below: "Account" shall mean any account established pursuant to the Indenture. "Acquisition Agreement" shall mean the Improvement Acquisition Agreement between the Issuer and Developer, dated as of , 1996, pursuant to which the Developer has agreed to construct and sell to the Issuer, and the Issuer has agreed to purchase from the Developer, certain improvements comprising the Project or a portion thereof. "Act" shall mean the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended from time to time, and any successor statute thereto. "Annual Budget" shall mean the Issuer I s budget of current operating and maintenance expenses for the Project for a Fiscal Year, adopted pursuant to the provisions of Section 9.20 of the Indenture, as the same may be amended from time to time. "Authenticating Agent" shall mean the agent so described in, and appointed pursuant to, Section 2.03 hereof. "Authorized Denomination" shall mean $5,000 and any integral multiple of $5,000. "Authorized Newspaper" shall mean a newspaper printed in English and customarily published at least once a day at least five days a week and generally circulated in New York, New York, or Collier County, Florida or such other cities as the Issuer from time to time may determine by written notice provided to the Trustee. When successive publications in an Authorized Newspaper are required, they may be made in the same or different Authorized Newspapers. "Board" shall mean the board of supervisors of the Issuer. "Bond Counsel" shall mean Counsel of nationally recognized standing in matters pertaining to the exclusion from gross income - 3 - GTH\HARRIS\15784.01\11/26/96 .--~.......... - ~ 1 6G 3 for federal income tax purposes of interest on obligations issued by states and their political subdivisions. "Bondholder", "Holder of Bonds", "Holder" or "Registered Owner" or any similar term shall mean any Person or Persons who shall be the registered owner of Outstanding Bond or Bonds, as evidenced on the Bond Register of the Issuer kept by the Registrar. "Bond Redemption Fund" shall mean the Fund so designated which is established pursuant to Section 8.03 hereof. "Bond Register" shall have the meaning specified in Section 2.04 of this Indenture. "Bonds" shall mean, collectively, (i) Series 1996 Bonds and (ii) any and all series of Refunding Bonds authenticated and delivered under the Indenture. No additional bonds are authorized under this Indenture. "Business Day" shall mean any day other than a Saturday or Sunday or legal holiday or a day on which the principal office of the Issuer, the Tnlstee, the Registrar or any Paying Agent is closed. "Certified Public Accountant" shall mean a Person, who shall be Independent, appointed by the Issuer actively engaged in the business of public accounting and duly certified as a cercified public accountant under the laws of the State. "Certified Resolution" or "Certified Resolution of the Issuer" shall mean a copy of one or more resolutions certified by the Secretary or an Assistant Secretary of the Issuer, under its seal, to have been duly adopted by the Board and to be in full force and effect as of the date of such certification. "Code" shall mean the Internal Revenue Code of 1986, as amended. "Construction Fund" shall mean the Fund so designated which is established pursuant to Section 5.01 hereof. "Consultant" shall mean a Person, who shall be Independent, appointed by the Board, qualified to pass upon questions relating to municipal entities and having a favorable reputation for skill and experience in the financial affairs of municipal entities. "Consultant's Certificate" shall mean a certificate or a report prepared in accordance with then applicable professional standards duly executed by a Consultant. - 4 - GTH\HARR1S\15784.01\11/26/96 ".J .. . I', ... : ~ '.. ,\. .. ; I I . .:. ! " . ~ ' . ,... . ': . .'. . . , '. . . 1. 6G 3 "Consulting Engineer" shall mean the Independent engineer or engineering firm or corporation at the time employed by the Issuer under the provisions of Section 9.21 of this Indenture to perform and carry out duties imposed On the Consulting Engineer by the Indenture. The Independent engineer or engineering firm or Corpor- ation at the time serving as the engineer to the District may serve as Consulting Engineer under the Indenture. "Cost" or "Costs", in connection with the Project or any portion thereof, shall mean all expenses which are properly charge- able thereto under Generally Accepted Accounting Principles or which are incidental to the planning, financing, acquisition, con- struction, equipping and installation thereof, including, without limiting the generality of the foregoing: (a) expenses of determining the feasibility or prac- ticability of acquisition, construction, or reconstruction; (b) ationsj cost of surveys, estimates, plans, and specific- (c) cost of improvementsj (d) engineering, Trustee, accounting and expenses and charges; architectural, fiscal, other professional and legal, advisory (e) cost of all labor, materials, machinery, and equipment (including, without limitation, (i) amounts payable to contractors, builders and materialmen and costs incident to the award of contracts and (ii) the cost of labor, facilities and services furnished by the Issuer and its employees, materials and supplies purchased by the Issuer and permits and licenses obtained by the Issuer); (f) cost of all lands, properties, rights, easements, and franchises acquiredj (g) financing charges; funds; (h) creation of initial reserve and debt service (i) working capital; (j) interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or acquisition as the Board may determine; GTH\HARRIS\15784.01\11/26/96 - 5 - ~ .: ~ r:.;-I ';',' .' " '. . ",i'?;, ~' , ...: >~}~:~.~; -~ . ',~ ;?):;~'~~ ':\, ~~. ~~~/~"':' ",~. ' ;, .1 , ., ~,~ '. '.- ,. __f- /' ,~~'-. ~'-, ~ ~~ ':~ ~ ~~':):{;; .. i.~'. ..~t~/:' I~ >:.;,~;~{:. . ',::- .' 1 .~ "~',~~~;~ t.~;{i :' A.t~}~ ; 'c' ,::( ;{~~.~: :.'--:~~../~ . ,,': i'" t: ~ .:',. ~;~;r{~~ r-." : ,~~~.\,~: ',~~~ :~ .~'f--: '~/.~ ,.,' ... ;T}~~: ':'::}X~~; .. . , . "-f. :.. ~~j.Tl ,'- .'.. '-~,::.~,' r1\~f~~ :.. ,':) >lr 1i :'....~';~.:t~,:; ':{gt~'" '..::.::i.:.tt: '., . , ,C"'l'" ,,~,-:. ..:..~,;:~' , " ',~ \,:>/'.t. '- -,.' -..:.:,.., . ~-~ . 4'~'~' '. . ".\., ;:':.~}/E , . '.. '.~ \'.; ~r.~ '." '!<" ''0'" ':. :~~. . :,r~~; :>:.~/~~{ " ::,{~\.~ '~:.' :... i. .., :i)~~ " j,.\........ .~~->,~:.,' ..;~ :',;~::i' '. If~, "', . , ; ~ .... .,. '. ~', "-!j :....,.:' ~; ~. ~!. ,..,'~ '"r.: : ~'.. , . .~';..I.~.... ... . . , ~., ;~ 'f ' .. '.' ,", j . ,. .. : .,...., . ~ I '. . _ .... l >. , ., ,.', ~'-j .~ .~.. ,~' ; " :~t -,.-, ...; , ~ . ~ 1 6G 3 (k) the cost of issuance of bonds, including, without limitation, advertisements and printing; (1) the cost of any election held pursuant to the Act and all other expenses of issuance of bonds; (m) bonds; the discount, if any, on the sale or exchange of (n) amounts required to repay temporary or bond anticipation loans made to finance any costs permitted under the Act; (0) costs of prior improvements performed by the Issuer in anticipation of the Project; (p) costs incurred to enforce remedies against cont~actors, subcontractors, any provider of labor, material, services, or any other Person, for a default or breach under the corresponding contract, or in connection with any other dispute; (q) premiums for contract bonds and insurance during construction and costs on account of personal injuries and property damage in the course of construction and insurance against the same; (r) payments, contributions, dedications, and any other exactions required as a condition to receive any government approval or permit necessary to accomplish any District purpose; (s) ad~inistrative expenses; (t) such other expenses as may be necessary or incidental to the acquisition, construction, or reconstnlction of the Project or to the financing thereof; and Act. (u) any other "cost" or expense as provided by the In connection with the refunding or redeeming of any Bonds, "Cost" includes, without limiting the generality of the foregoing, the items listed in (d), (k), (1) and (m) above, and other expenses related to the redemption of the Bonds to be redeemed and the Redemption Price of such Bonds (and the accrued interest payable on redemption to the extent not otherwise provided for). Whenever Costs are required to be itemized, such itemization shall, to the extent practicable, correspond with the items listed above. Whenever Costs are to be paid hereunder, such payment may be made - 6 - GTH\KARRIS\15784.01\11!26/96 1 6G j by way of reimbursement to the Issuer or any other Person who has paid the same. "Counsel" shall mean an attorney-at-law or law firm (who may be counsel for the Issuer) not unsatisfactory to the Trustee. "County" shall mean Collier County, Florida. "Debt Service Fund" shall mean the Fund so designated which is established pursuant to Section 6.04 hereof. "Debt Service Requirements II, with reference to a specified period, sh<<ll mean: (a) interest payable on the Bonds during such period, subject to I.eduction for amounts held as capitalized interest in the Funds and Accounts established under the Indenture; (b) amounts required to be paid into any mandatory sinking fund account with respect to the Bonds during such period; and (c) amounts required to pay the principal of the Bonds maturing during such period and not to be redeemed prier to or at maturity through any sinking fund account. "Debt Service Reserve Fund" shall mean the Fund so designated which is established pursuant to Section 6.05 hereof. "Debt Service Reserve Requirement" shall mean an amount equal to the lesser of (i) the maximum annual Debt Service Requirements for all Outstanding Bonds, (ii) 125\- of the average annual Debt Service Requirements for all Outstanding Bonds, or (iii) lOt of Bonds Outstanding on an Interest Payment Date calculated after any redemption on said Interest Payment Date. "Defeasance Securities" shall mean, to the extent permitted by law, (a) non-callable Government Obligations, and (b) securities described in paragraph (i) of the definition of Investment Securities. "Developer" shall mean Ronto Developments Naples, Inc., and any entity which succeeds to all or any part of the interests and assumes any or all of the responsibilities of said entity as the master developer of the District Lands. "District Lands" or "District" shall mean the pre::tises governed by the Issuer, consisting of approximately 252 acres c~ land constituting a community development located entirely within the County, as more fully described in Exhibit A hereto. GTH\HARRlS\15784.Gl\II/26/96 - 7 - 1 6G 3 "District Manager" shall mean the then District Manager or acting District Manager of the Issuer. "Event of Default" shall mean any of the events described in Section 10.02 hereof. "Fiscal Year" shall mean the period of twelve (12) months beginning October 1 of each calendar year and ending on September 30 of the following calendar year, and also Dhall mean the period from actual execution hereof to and including the next succeeding Septemb2r 30; or such other consecutive twelve-month period as authorized by law. "Fund" shall mean any fund established pursuant to this Indenture. "Generally Accepted Accounting Principles" shall mean those accounting principles applicable in the preparation of financial statements of municipalities. "Government Obligations" shall mean direct obligations of, or obligations the timely payment of principal of and interest on which are unconditionally guaranteed by, the United States of ~.merica . "Indenture" shall mean this Indenture by and between the Issuer and the Trustee, as supplemented from time to time in accordance with the provisions of Article XIII hereof. "Independent" shall mean a Person who is not a member of the Issuer I s Board, an officer or employee of the Issuer or the Developer, or which is not a partnership, Corporation or associa- tion having a partner, director, officer, member or substantial stockholder who is a member of the Issuer's Board, or an officer or employee of the Issuer; provided, however, that the fact that such Person is retained regularly by or regularly transacts business with the Issuer or the Developer shall not make such Person an employee within the meaning of this definition. "Institutional Investor" shall have the meaning ascribed to it by Rule 144A promulgated by the United States Securities and Exchange Commission under the Securities and Exchange Act of 1933. "Interest Account" shall mean the Account so designated, established as a separate account within the Debt Service Fund pur- suant to Section 6.04 hereof. "Interest Payment Date" shall mean each May 1 and November 1, while any Bonds are Outstanding; provided that the first interest payment shall be on May I, 1997. GTH\HARRIS\15784.01\11/26/96 - 8 - f . - . . . ... : '.:-. 1 6G 3 "Investment Securities" shall mean and include any of the following securities, if and to the extent the same are at the time legal investments for funds of the Issuer: (a) Government Obligations; (b) Bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies or such other government-sponsored agencies which may presently exist or be hereafter created; provided that, such bonds, deben- tures, notes or other evidences of indebtedness are fully gua- ranteed as to both principal and interest by the United States of limerica: Bank for Cooperatives; Federal Intermediate Credit Banksj Federal Financing Bank; Federal Home Loan Bank System; Export-Import Bank of the United States; Farmers Home Administration; Small Business Administration; Inter-American Development Bankj International Bank for Reconstruction and Development; Federal Land Banks; the Federal National Mortgage Association; the Government National Mortgage Association; the Tennessee Valley Authority; or the Washington Metropolitan Area Transit Authority; (c) Direct and general obligations of any state of the United States, to the payment of the principal of and interest on which the full faith and credit of such state is pledged, if at the time of their purchase such obligations are rated in either of the two highest rating categories by either S&P or Moody'S; (d) Negotiable or non-negotiable certificates of deposit, time deposits or other similar banking arrangements issued by any bank or trust company, including the Trustee, or any federal savings and loan association, the deposits of which are insured by the Federal Deposit Insurance Corporation (incl uding the FDIC I S Savings Association Insurance Fund), which securities, to the extent that the principal thereof exceeds the maximum amount insurable by the Federal Deposit Insurance Corporation and, therefore, are not so insured, shall be fully secured to the extent permitted by law as to principal and interest by the securities listed in subsections (a), (b) or (c) above; provided, however, that with respect to securities used to secure securities hereunder, in addition to direct and general obligations of any state of the United States, Investment Securities shall include direct and general obligations of any political subdivision or instrumentality of any such state, to the payment of the principal of and inter- est on which the full faith and credit of such subdivision or instrumentality is pledged if such obligations are initially rated "A" or higher by either S&P or Moody's; - 9 - GTH\HARRIS\15784.01\11/26/96 ---- .~ 16G 3 (e) Bank or broker repurchase agreements fully secured by securities specified in (a) or (b) above, which may include repurchase agreements with the commercial banking department of the Trustee, provided that such securities are deposited with the Tnlstee, with a Federal Reserve Bank or with a bank or trust company (other than the seller of such securities) having a combined capital and surplus of not less than $100,000,000; (f) A promissory note of a bank holding company rated "M" or better by either S&P or Moody's; (g) Any consist of (a), short term government (b) and (c) above; fund whose assets (h) Commercial paper which at the time of purchase is rated in the highest rating category by either S&P or Moody's; (i) (A) certificates evidencing a direct ownership interest in non-callable Government Obligations or in future interest or principal payments thereon held in a custody account by a custodian satisfactory to the Tnlstee, and (B) obligations of any state of the United States of America or any political subdivision, public instrumentality or public authority of any such state which are not subject to redemp- tion prior to the date on which the proceeds attributable to the principal of such obligations are to be used and which are fully secured by and payable solely from non-callable Govern- ment Obligations held pursuant to an escrow agreement satis- factory to the Trustee, provided that such obligations shall be rated in the highest rating category of either Moody's or S&P; (j) shares of an open-end, diversified investment company which is registered under the Investment Company Act of 1940, as amended, and which invests its assets in any of the securities described in clauses (a), (b) or (c) hereof; (k) shares of any money market mutual funds which fund invests its assets in any of the securities described in clauses (a), (b) or (c) hereof; and (l) other investments in which funds of the Issuer may be lawfully invested. "Issuer" shall mean Heritage Greens Community Development District. "Moody'S" shall mean Moody's Investors Service, Inc., a cor- poration organized and existing under the laws of the State of Delaware, its successors and their assigns, and, if such corpor- - 10 - GTH\HARRIS\15784.01\11/26/96 1 6G 3 ation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Moody's" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Issuer and acceptable to the Trustee. "NRMSIR" shall mean any nationally recognized municipal securities information repository approved by the Securities and Exchange Commission as the District may select for the purpose of filing reports, and any state information depository established for the State of Florida. "Officers' Certificate" or "Officer's Certificate" shall mean a certificate, duly executed by a Responsible Officer and delivered to the Trustee. "Option Agreement" means that agreement between CUS Home] and the Developer dated as of (date] wherein Developer has granted US Horne an exclusive option to acquire lots within Heritage Greens. [Need copy of Agreement] "Outstanding", in connection with Bonds, shall mean, as of the time in question, all Bonds authenticated and delivered under the Indenture, except: (a) all Bonds theretofore canceled or required to be canceled under Section 2.07 hereof; (b) Bonds for the payment, redemption or purchase of which moneys and/or Defeasance Securities, the principal of and interest on which, when due, will provide sufficient moneys to fully pay such Bonds in accordance with Article XIV hereof, shall have been or shall concurrently be deposited wi th the Trustee; provided that, if such Bonds are being redeemed, the required notice of redemption shall have been given or provision shall have been made therefor, and that if such Bonds are being purchased, there shall be a firm commit- ment for the purchase and sale thereof; and (c) Bonds in substitution for which other Bonds have been authenticated and delivered pursuant to Article II hereof. In determining whether the Holders of a requisite aggregate principal amount of Bonds Outstanding have concurred in any request, demand, authorization, direction, notice, consent or waiver under the provisions of the Indenture, Bonds to which the Trustee has been notified in writing by the Issuer (or of which the Trustee is otherwise so advised) to be held on behalf of the Issuer or the Trustee shall be disregarded for the purpose of any s~ch GTH\HARRIS\15784.01\11/26/96 - 11 - 1 6G 3 determination; provided, however, this provision does not affect the right of the Trustee to deal in Bonds as set forth in Section 11.09 hereof. "Paying Agent" shall mean the Trustee, or any successor designated as such pursuant to Section 11.20 hereof. "Person" shall mean any individual, association, joint-stock company, organization, governmental body, municipality, municipal authority organization of individuals. corporation, partnership, trust, unincorporated political subdivision, or any other group or "Pledged Revenues" shall mean, (a) all revenues received by the Issuer from Special Assessments levied and collected on the District Lands specially benefitted by the Proj ect, including, without limitation, amounts received from any foreclosure proceeding for the enforcement of collection of such Special Assessments or from the issuance and sale of tax certificates with respect to such Special A.ssessments or from any other remedial action, and (b) all moneys on deposit in the Funds and Accounts established under the Indenture; provided, however, that Pledged Revenues shall not include revenues received by the Issuer from (i) any moneys transferred to the Rebate Fund, or investment earnings thereon and (ii) "special assessments" levied and collected by or on behalf of the Issuer under Section 190.022 of the A.ct for main- tenance purposes or "maintenance special assessments" levied and collected by the Issuer under Section 190.021(3) of the Act (it being expressly understood that the lien and pledge of the Indenture shall not apply to any of the moneys described in the foregoing clauses (i) and (ii) of this proviso) . "Prepayment Account" shall mean the Account so designated, established as a separate account within the Bond Redemption Fund pursuant to Section 8.03 hereof. "Principal Account" shall mean the Account so designated, established as a separate account within the Debt Service Fund pursuant to Section 6.04 hereof. "Project" shall mean the planning, financing, acquisition, construction, equipping and installation of certain improvements permi t ted under the Act as authorized by the District for the special benefit of the District Lands, all as more specifically described in Exhibit B hereto. "Property Appraiser" shall mean the property appraiser of the County. GTH\HARRIS\15784.01\11/26/96 - 12 - 1 6G 3 "Property Appraiser and Tax Collector Agreement" shall mean the Property Appraiser and Tax Collector Agreement described in Section 9.04 hereof. "Rebate Fund" shall mean the Fund so designated, which is established pursuant to an arbitrage rebate agreement, into which shall be deposited certain moneys in accordance with the provisions of said arbitrage rebate agreement. "Record Date" shall mean, as the case may be, the applicable Regular or Special Record Date. "Redemption Price" shall mean the principal amount of any Bond plus the applicable premium, if any, payable upon redemption thereof pursuant to the Indenture. "~efunding Bonds" shall mean Bonds issued by the Issuer to refund or advanc~ refund all or any portion of the Bonds Outstanding. "Registrar" shall mean the Trustee, or any successor designated pursuant to Section 11.20, which entity shall have the responsibilities set forth in Section 2.04 of this Indenture. "Re~llar Record Date" shall mean the fifteenth day (whether or not a Business Day) of the calendar month next preceding each Interest Payment Date. "Regulatory Body" shall mean and include (a) the United States of America and any department of or corporation, agency or instru- mentality heretofore or hereafter created, designated or estab- lished by the United States of America, (b) the State, any poli- tical subdivision thereof and any department of or corporation, agency or instrumentality heretofore or hereafter created, desig- nated or established by the State, (c) the County and any depart- ment of or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the County, and {dl any other public body, whether federal, state or local or ctherwise having regulatory jurisdiction and authority over the Issuer. "Responsible Officer" or Responsible Officer of the Issuer" shall mean the District Manager or any member of the Board or any other officer of the Issuer or other person designated by Certified Resolution of the Issuer, a copy of which shall be on file with the Trustee, to act for any of the foregoing, either generally or with respect to the execution of any particular document or other specific matter. "Revenue Fund" shall mean the Fund so designated wh::.ch is established pursuant to Sectic~ 6.03 hereof. - 13 - GTt1\HARR I S\ 15784.01 \ 11/26/96 1 6G 3 "S&P" shall mean Standard & Poor's Ratings Group, a division of McGraw-Hill, Inc., a corporation organized and existing under the laws of the State of New York, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "S&P" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Issuer and acceptable to the Trustee. "Series 1996 Bonds" shall mean the Dollars ($ ) aggregate principal amount of the Issuer's Heri tage Greens Community Development District (Collier County, Florida) Special Assessment Bonds, Series 1996, to be issued as fully registered Bonds in accordance with the provisions of the Indenture, and secured and authorized by the Indenture. "Sinking Fund Account" shall mean the Account so designated, established as a separate account within the Debt Service F\md pursuant to Section 6.04 hereof. "Special Assessments" shall mean (a) the net proceeds derived from the levy and collection of "special assessments", as provided for in Sections 190.011(14) and 190.022 of the Act (except for any such special assessments levied and collected for maintenance pur- poses), against the District Lands that are subject to assessment as a result of the Project or any portion thereof, and (b) the net proceeds derived from the levy and collection of "benefit special assessments", as provided for in Section 190.021(2) of the Act, against the lands within the District that are subject to assess- ment as a result of the Project or any portion thereof, and in the case of both "special assessments" and "benefit special assess- ments", including the interest and penalties on such assessments, pursuant to all applicable provisions of the Act and Chapter 170, Florida Statutes, and Chapter 197 I Florida Statutes (and any successor statutes thereto), including, without limitation, any amount received from any foreclosure proceeding for the enforcement of collection of such assessments or from the issuance and sale of tax certificates with respect to such assessments, less (to the extent applicable) the fees and costs of collection thereof payable to the Tax Collector or other collection agent and less certain administrative costs payable to the Property Appraiser and Tax Collector pursuant to the Property Appraiser and Tax Collector Agreement. "Special Assessments" shall not include "maintenance special assessments" levied and collected by the Issuer under Section 190.021(3) of the Act. "Special Record Date" shall mean such date as shall be fixed for the payment of defaulted interest on the Bonds in accordance with Section 2.01 hereof. "State" shall mean the State of Florida. - 14 - GTH\HARRIS\15784.01\11/26/96 ....x - -- - -- - -'.- 1 6G .3 "Tax Collector" shall mean the tax collector of the County. The words "hereof", "herein", "hereto", "hereby", and "hereunder" (except in the form of Bond), refer to the entire Indenture. Every "request", "requisition", "order", "demand", "application", "notice", "statement", "certificate", "consent", or similar action hereunder by the Issuer shall, unless the form or execution thereof is otherwise specifically provided, be in writing signed by a Responsible Officer. All words and terms importing the singular number shall, where the context requires, import the plural number and vice versa. [END OF lJRTICLE I) - 15 - GTH\HAP.RIS\15784.01\11/26/96 . - ~ -----...... -... ~ ~~~ .........--.., . -:~ I :., .- .":;. .~.~.. ARTICLE II 1 6G 3 THE BONDS SECTION 2.01. Amounts and Terms of S~ries 1996 Bonds: Details QLs.eri~.s J ~~. The Issuer is hereby authorized to issue pursuant to the terms and conditions of this Indenture, its obligations to be known as "Heritage Greens Community Development District Special Assessment Bonds, Series 1996" (the "Series 1996 Bonds"). The total principal amount of Series 1996 Bonds that may be issued under this Indenture is expressly limited to Dollars ($ ) . The Series 1996 Bonds shall be issued substantially in the form attached hereto as Exhibit C, with such appropriate variations, omissions and insertions as are permitted or required by this Indenture. The Series 1996 Bonds shall be numbered consecutively from R-1 and upwards. The Issuer shall issue the Series 1996 Bonds upon execution hereof and satisfaction of the requirements of Section 3.01 hereof; and the Trustee shall, at the Issuer's request, authenticate the Series 1996 Bonds and deliver them as specified in the request. The Series 1996 Bonds are being issued and delivered hereunder for the purpose of (i) financing the Costs of the Project, (ii) making a deposit to the Debt Service Reserve Fund in the amount of the Debt Service Reserve Requirement and (iii) paying the costs of issuance of the Series 1996 Bonds. The Series 1996 Bonds shall be issued as fully registered bonds without coupons in Authorized Denominations. The Series 1996 Bonds shall be dated 1, 1996. Interest on the Series 1996 Bonds shall be payable on May 1, 1997, and on each Interest Payment Date thereafter to maturity or prior redemption. Interest on the Series 1996 Bonds shall be payable from the most recent Interest Payment Date next preceding the date of authentication thereof to which interest has been paid, unless the date of authentication thereof is a 1 to which interest has been paid, in which case from such date of authentication, or unless the date of authentication thereof is prior to May 1, 1997, in which case from , 1996, or unless the date of authentication thereof is between a Record Date and the next succeeding Interest Payment Date, in which case from such Interest Payment Date. The principal or Redemption Price of the Series 1996 Bonds shall be payabl~ in lawful money of the United States of America at the corporate trust office of the Paying Agent upon presentation of such Series 1996 Bonds. The payment of interest on the Series 1996 Bonds shall be made on each Interest Pa}~ent Date to the Owners of the Series 1996 Bonds by check or draft drawn on the Paying Agent and mailed on the applicable Interest Payment Date to each OWner as such Owner appears on the Bond Register maintained by the Registrar - 16 - GTH\HARRIS\15784.01\11/26/96 1 6G 3 as of the close of business on the Regular Record Date, at his address as it appears on the Bond Register. Any interest on any Series 1996 Bond which is payable, but is not punctually paid or provided for on any Interest Payment Date (hereinafter called "Defaulted Interest") shall be paid to the Owner in whose name the Series 1996 Bond is registered at the close of business on a Special Record Date to be fixed by the Trustee, such date to be not more than fifteen (15) nor less than ten (10) days prior to the date of proposed payment. The Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first-class, postage-prepaid, to each Owner of record as of the fifteenth (15th) day prior to such mailing, at his address as it appears in the Bond Register not less than ten (10) days prior to such Special Record Date. The foregoing notwithstanding, any Owner of Series 1996 Bonds in an aggregate principal amount of at least $500,000 shall be entitled to have interest paid by wire transfer to such Owner to the bank account number on file with the Trustee and Paying Agent, upon requesting the same in a writing received by the Trustee and Paying Agent at least fifteen (15) days prior to the relevant Interest Pa~nent Date, which writing shall specify the bank, which shall be a bank within the continental United States, and bank account number to which interest payments are to be wired. Any such request for interest payments by wire transfer shall remain in effect until rescinded or changed, in a writing delivered by the Owner to the Trustee and Paying Agent, and any such rescission or change of wire transfer instructions must be received by the Trustee and Paying Agent at least fifteen (15) days prior to the relevant Interest Payment Date. The Series 1996 Bonds will mature on 1" subject to the right of prior redemption in accordance with their terms and as set forth herein and shall bear interest at the annual rate of percent (____%). Interest on the Series 1996 Bonds will be computed in all cases on the basis of a 360-day year of twelve 30-day months. Interest on overdue principal and, to the extent lawful, on overdue premium and interest will be payable at the numerical rate of interest borne by the Series 1996 Bonds on the day before the default occurred. The Trustee is hereby constituted and appointed as Paying Agent for the Series 1996 Bonds. The foregoing provisions regarding the method and manner of payment of the Series 1996 Bonds shall equally apply to any Series of Refunding Bonds issued under this Indenture unless the Certified Resolution of the Issuer authorizing the issuance of such Refunding Bonds expressly provides otherwise. - 17 - GTH\HARR1S\15784.01\11/26/96 - -- 11 ___u ______-- ~ 1 6G 3 SECTION 2.02. Execution. The Bonds shall be executed by the manual or facsimile signature of the Chairman or Vice Chairman of the Issuer, and the corporate seal of the Issuer shall appear thereon (which may be in facsimile) and shall be attested by the manual or facsimile signature of its Secretary or Assistant Secretary. Bonds executed as above provided may be issued and shall, upon request of the Issuer, be authenticated by the Trustee, notwithstanding that one or both of the officers of the Issuer whose signatures appear on such Bonds shall have ceased to hold office at the time of issuance or authentication or shall not have held office at the date of the Bonds. SECTION 2.03. Authentication: Authenticating Agent. No Bond shall be valid until the certificate of authentication shall have been duly executed by the Trustee, and such authentication shall be proof that the Bondholder is entitled to the benefit of the trust hereby created. In the case of any Series of Bonds for which the Registrar is other than the Trus~ee for such Series of Bonds or the Issuer, the Trustee may appoint the Registrar as an Authenticating Agent, with the power to act on such Trustee's behalf, and such Authenticating Agent shall be subj ect to tne direction of the Trustee in the authentication and delivery of Bonds in connection with transfers and exchanges hereunder; the authentication and delivery of Bonds by an Authenticating Agent pursuant to this Section shall, for all purposes of the Indenture, be deemed to be authentication and delivery "by the Trustee." The Trustee shall be entitled to be reimbursed for payments made to any Authenticating Agent as reasonable compensation for its services. Any corporation into which any Authenticating Agent may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, consolidation or conversion to which any Authenticating Agent shall be party, or any corporation succeeding to the corporate trust business of any Authenticating Agent, shall be the successor of the Authenticating Agent hereunder, if such successor corporation is otherwise eligible under this Section, without the execution or filing of any further act on the part of the parties hereto or the Authenticating Agent or such successor corporation. Any Authenticating Agent may at any time resign by glv~ng written notice of resignation to the Trustee, the Issuer and any Paying Agent. The Trustee may at any time terminate the agency of any Authenticating Agent by giving written notice of termination to such Authenticating Agent, the Issuer and any Paying Agent. Upon receiving such a notice of resig~ation or upon such a termination, or in case at any time aui Au:~s~ticating Age~t shall cease to be - 18 - GTH\HARRIS\15784.01\11/26/96 eligible under this Section, the Trustee shall promptly }PP~~nt ~ successor Authenticating Agent (which may be itself), shall give written notice of such appointment to the Issuer and the Paying Agent, and shall mail a notice of such appointment to all Holders of Bonds as the names and addresses of such Holders appear on the Bond Regis::er. SECTION 2.04. Registration and Registra~. The Trustee is hereby constituted and appointed as the Registrar for the Bonds. The Registrar shall act as registrar and transfer agent for the Bonds. The Issuer shall cause to be kept at an office of the Registrar a register (herein sometimes referred to as the "Bond Register" or "Register") in which, subject to the provisions set forth in Section 2.08 below and such other regulations as the Iss~er and Registrar may prescribe, the Issuer shall provide for the registration of the Bonds and for the registration of transfers and exchanges of such Bonds. If the Registrar is not the same entity as the Trustee, the Issuer shall cause the Registrar to designate, by a written notification to the Trustee, a specific offj.ce location (which may be changed from time to time, upon similar notification) at which the Bond Register is kept. The Registrar for a Series of Bonds shall, in any case where it is not also the Trustee, forthwith following each Record Date in respect of such Series and at any other time as reasonably requested by the Trustee for such Series, certify and furnish to such Trustee, and to any Paying Agent for such Series as such Trustee shall specify, the names, addresses, and holdings of Bondholders and any other relevant information reflected in the Bond Register, and the Trustee and any such Paying Agent shall for all purposes be entitled to rely upon the information so furnished to it and shall have no liability or responsibility in connection with the preparation thereof. SECTION 2.05. Mutilated. Destroyed. Lost or Stolen Bonds. If any Bond shall become mutilated, the Issuer shall execute and the Trustee or Authenticating Agent, as the case may be, shall thereupon authenticate and deliver a new Bond of like tenor and denomination in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee or Authenticating Agent, as the case may be, of such mutilated Bond for cancella~ion, and the Issuer and the Trustee or Authenticating Agent, as the case may be, may require reasonable indemnity therefor. If any Bond shall be reported lost, stolen or destroyed, evidence as to the ownership and the loss, theft or destruction thereof shall be sub- mitted to the Issuer and the Trustee or Authenticating Agent, as the case may be; and if such evidence shall be satisfactory to both and indemnity satisfactory to both shall be given, the Issuer shall execute, and thereupon the Trustee or Authenticating Agent, as the case may be, shall authenticate and deliver a new Bond of like tenor and denomination. The cost of providing any substitute Bond GTH\~1R1S\157a4.01\11/26/96 - 19 - 1 6G 3 under the prOV1Slons of this Section shall be borne by the Bond- holder for whose benefit such substitute Bond is provided. If any such mutilated, lost, stolen or destroyed Bond shall have matured or be about to mature, the Issuer may, with the consent of the Trustee or Authenticating Agent, as the case may be, pay to the Owner the principal amount of and accrued interest on such Bond upon the maturity thereof and compliance with the aforesaid condi- tions by such Owner, without the issuance of a substitute Bond therefor. Every substituted Bond issued pursuant to this Section 2.05 shall constitute an additional contractual obligation of the Issuer, whether or not the Bond alleged to have been destroyed, lost or stolen shall be at any time enforceable by anyone, and shall be entitled to all the benefits of the Indenture equally and proportionately with any and all other Bonds duly issued hereunder. All Bonds shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost or stolen Bonds, and shall preclude any and all other rights or remedies with respect to the replacement or payment of negotiable instruments, investments or other securities without their surrender. SECTION 2.06. Temporary Bonds. Pending preparation of definitive Bonds, or by agreement with the original purchasers of all Bonds, the Issuer may issue and, upon its request, the Trustee shall authenticate in lieu of definitive Bonds one or more temporary printed or typewritten Bonds of substantially the tenor reci ted above. Upon request of the Issuer, the Trustee shall authenticate definitive Bonds in exchange for and upon surrender of an equal principal amount of temporary Bonds. Until so exchanged, temporary Bonds shall have the same rights, remedies and security hereunder as definitive Bonds. SECTION 2.07. .cancellation and Destruction of Surrendered ~~. All Bonds surrendered for payment or redemption and all Bonds surrendered for exchange shall, at the time of such payment, redemption or exchange, be promptly transferred by the Registrar, Paying Agent or Authenticating Agent to, and cancelled and destroyed by, the Trustee. The Trustee shall deliver to the Issuer a certificate of destruction in respect of all Bonds destroyed in accordance with this Section. SECTION 2.08. Registration. Transfer and Exchange. As provided in Section 2.04 hereof, the Issuer shall cause a Bond Register in respect of the Bonds to be kept at the designated office of the Registrar. At the option of the Bondholder, Bonds may be exchanged fo~ other Bonds of A~~~~rized r~~orninati=~, of a like aggregate - 20 - GTH\KARRIS\15784.01\11/26/96 1 6G 3 principal amount and of the same maturity, upon surrender of the Bonds to be exchanged at any such office or agency. Notwi thstanding the foregoing, no Bonds may by transferred to anyone other than an Institutional Investor as evidenced by a certificate filed by the transferee with the Trustee confirming that the transferee is an Institutional Investor as defined by this Indenture. Whenever any Bonds are so surrendered for exchange, the Issuer shall execute and the Trustee (or Registrar or Authenticating Agent as described in Section 2.03 hereof) shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. All Bonds issued upon any transfer or exchange of Bonds shall be valid obligations of the Issuer, evidencing the same debt and entitled to the same benefits under the Indenture as the Bonds surrendered upon such transfer or exchange. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or accompanied by a written instrument of transfer in form satisfactory to the Trustee, Paying Agent or the Registrar, duly executed by the Bondholder or his attorney duly authorized in writing. Transfers and exchanges shall be made without charge to the Bondholder, except that the Issuer or the Trustee may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds. Neither the Issuer nor the Registrar on behalf of the Issuer shall be required (i) to issue, transfer or exchange any Bond during a period beginning at the opening of business fifteen (15) days before the day of mailing of a notice of redemption of Bonds selected for redemption and ending at the close of business on the day of such mailing, or (ii) to transfer or exchange any Bond so selected for redemption in whole or in part. SECTION 2.09. Persons Deemed Owners. The Issuer, the Trustee, any Paying Agent, the Registrar, and the Authenticating Agent shall deem and treat the person in whose name any Bond is registered as the absolute Owner thereof (whether or not such Bond shall be overdue and notwithstanding any notation of ownership or other writing thereon made by anyone other than the Issuer, the Trustee, any Paying Agent, the Registrar or the Authenticating Agent) for the purpose of receiving payment of or on account of the principal or Redemption Price of and interest on such Bond, and for all other purposes, and the Issuer, the Trustee, any Paying Agent, the Registrar and the Authenticating Agent shall not be affected by any notice to the contrary. All such payments so made to any such Owner, or upon his order, shall be valid and, to the extent of the - 21 - GTH\HARRlS\15784.01\11/26/96 1 6G 3 sum or sums so paid, effectual to satisfy and discharge the liability for moneys payable upon any such Bond. SECTION 2.10. Oualification for The Depository Trust Co~~any. To the extent provided in the Certified Resolution of the Issuer relating to a Series of Bonds, the Trustee shall be authorized to enter into agreements with The Depository Trust Company of New York and other depository trust companies, including, but not limited to, agreements necessary for wire transfers of interest and principal payments with respect to the Series 1996 Bonds or any Series of Refunding Bonds, utilization of electronic book entry data received from The Depository Trust Company of New York and other depository trust companies in place of actual delivery of Bonds and provision of notices with respect to Bonds registered by The Deposito~J Trust Company of New York and other depository trust companies (or any of their designees identified to the Trustee) by overnight delivery, courier service, telegram, telecopy or other similar means of communication. [END OF ARTICLE II] - 22 - GiH\HARRIS\1578~.Ol\1:/26/96 - - ~.- - 1 6G 3 I ARTICLE III ISSUE OF BONDS SECTION 3.01. Issue of Series 1996 Bond~. Subject to the provisions of Section 2.01 hereof, the Issuer may issue the Series 1996 Bonds for the purposes specified in Section 2.01. In any such event the Trustee shall, at the request of the Issuer, authenticate the Series 1996 Bonds and deliver or cause them to be authenticated and delivered, as specified in the request, but only upon receipt of: (1) a Certified Resolution of the Issuer (a) establishing the terms of the Seri.es 1996 Bonds; and (b) authorizing the execution and delivery of the Series 1996 Eonds to be issued; (2) a written op~n~on or opinions of Counsel to the Issuer addressed to the Trustee and to Bond Counsel that (a) the District has been duly created, established and validly exists as a community development district under Chapter 190, Florida Statutes (the ~Act~); (b) as a community development district, the District has the good, right and lawful authority to, among other things, consttuct, acquire and maintain infrastructure syustems, facilities and services, such as the proj ect, to assess, levy and collect non-ad valorem special assessments, such as the Special Assessments, and to issue revenue bonds secured by special assessments, such as the Series 1996 Bonds; (c) the District has authorized the Project and has taken, or arranged to take, all action necessary to proceed with the Project upon closing of the sale of the Series 1996 Bonds and consummation of the transactions contemplated to occur at such closing as specified in the Purchase Contract and the resolution authorizing the issuance and sale of the 1996 Bonds; (d) all proceedings undertaken by the District with respect to Special Assessments have been in accordance with applicable Florida law and the District has taken all action necessary to assess and impose the Special Assessments securing the 1996 Bonds. The Special Assessments are legal, valid and binding first liens upon the property against which such assessments are made until paid, of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such special assessment or installments thereof fall due, superior to all other liens other than parity liens for state, county, district and municipal taxes; (e) all conditions prescribed herein as precedent to the issuance of the Series 1996 Bonds have been fulfilled; (f) the Series 1996 Bonds have been validly authorized and executed and when authenticated and delivered pursuant to the request of the Issuer will be valid obligations of the Issuer entitled to the benefit of the trust created hereby; (g) the Indenture has been duly executed and delivered and that the Indenture - 23 - GTH\HARR1S\15784.01\11/26/96 .....--,. ._...~ 1 6G 3 and the Series 1996 Bonds are legal, valid, binding obligations enforceable in accordance with their terms, except to the extent enforcement thereof may be impacted by bankLuptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights and by the exercise of judicial discretion; (h) any consents of any Regulatory Bodies required in connection with the issuance of the Series 1996 Bonds or in connection with the acquisition of the improvements included in the Project have been obtained or can be reasonably expected to be obtained; and (i) if the acquisition of any real property or interest therein is included in the purpose of such issue, (i) the Issuer has or can acquire good and marketable title thereto free from all liens and encumbrances except such as will not materially interfere with the proposed use thereof or (ii) the Issuer has or can acquire a valid, subsisting and enforceable leasehold, easement, right-of -way or other interest in real property sufficient to effectuate the purpose of the issue (which opinion may be stated in reliance on the opinion of other Counsel satisfactory to the signer or on a title insurance policy issued by a reputable title company); (3) a Consulting Engineer's certificate stating, in the signer's opinion, that (a) the Project improvements are reasonable and practicable; and (b) (i) the construction items comprising the Project and the Costs thereof are reasonable, (ii) the acquisition, construction, equipping and installation of the improvements is consistent with the plans and specifications for the Project, (iii) the plans and specifications therefor as set forth in the report of the Consulting Engineer relating thereto in connection with the levying of Special Assessments have been approved by the signer, (iv) the plans and specifications therefor have been approved by all Regulatory Bodies required to approve them (specifying such Regulatory Bodies) or such approval can reasonably be expected to be obtained, and (v) the contracts in respect thereof entered or to be entered into by the Issuer cover substantially all portions of the construction thereof not being performed by employees of the Issuer; (4) a copy of the executed Acquisition Agreement, together with opinions of counsel to the Issuer and Counsel to the Developer as to the legal, valid and binding nature of such agreement; (5) the proceeds of the sale of the Series 1996 Bonds; (6) one or more Certified Resolutions of the Issuer relating to the levy of Special Assessments in respect of the Project, and stating that the Issuer has undertaken and, to the extent then required under applicable law, completed all necessary proceedings, including, without limitation, t~e approval of assessment rolls, the holding of public hearings, the adoption of resolutions and the establishment of all GTH\~ARRIS\15784.01\11/26/96 - 24 - Il_ . , . \ ~ ~ . ; I > ". ,. ~ .' .f' J, '. .: 1 6G 3 necessary collection procedures, in order to levy and collect Special Assessments upon the District Lands in an amoun: sufficient to pay the Debt Service Requirements on the Series 1996 Bonds; (7) a certification from [US Boma] that ei) all plans and specifications which comprise the Project are in accordance with conditions set forth in the Option Agreement, (ii) as of the date of the certificate and to the best of the knowledge of US Home after inspection of the property and consultation with the engineers for the Project, all construction and improvements completed or commenced on the Heritage Greens property are in accordance with conditions set forth in the Option Agreement, (iii) to the best of the knowledge of US Home, there are no defaults under the Option Agreement nor are any actions of the Developer in contraven- tion of the Option Agreement, and (iv) the obligations of US Home to purchase the lots in accordance with the Option Agreement are legal and binding on US Home and to the kno'o'Jledge of US Horne, US Home has no offset or complaint against the Developer; (8) an opinion of Bond Counsel that the interest on the Series 1996 Bonds will be excluded from gross income for federal income tax purposes (although such interest may be taken into account in determining adjusted current earnings for purposes of computing the alternative minimum tax imposed on corporations); and (9) such other documents, certifications and opinions as shall be required by the Issuer or the Trustee upon advice of counsel. SECTION 3.02. Issue of Refunding Bonds. The Issuer may issue Refunding Bonds under and secured by the Indenture at any time or times, subject to the conditions hereinafter provided in this Section, for the purpose of providing funds for (i) refunding, including advance refunding (so long as the exclusion from gross income for federal income tax purposes of interest on the Bonds to be refunded is not adversely affected), all or part of the Bonds then Outstanding, including the payment of any redemption premium thereon and interest which will accrue on such Outstanding Bonds to the selected redemption date or stated maturity dates, as the case may be, (ii) a deposit of funds or securities, if any, required to be deposited to the credit of the Debt Service Reserve Fund upon the issuance of such Refunding Bonds and (iii) paying any expenses in connection with such refunding, including, without limitation, the Costs of issuance of such Refunding Bonds. The Trustee shall, at the request of the Issuer, authenticate the Refunding Bonds and provide for delivery of such Refurl-ding Bonds as specified in the request, but only upon receipt of: GTH\KARRIS\15784.01\11/26/96 - 25 - 1 6G 3 (1) an Officer's Certificate of the Issuer stating (a) the intended use of the proceeds of the issue; (b) any other amounts available for the purpose; (c) that the proceeds of the issue plus the other amounts, if any, stated to be avail- able for the purpose will be sufficient to refund the Bonds to be refunded in accordance with the refunding plan and in com- pliance with Article XIV of this Indenture, including, without limitation, to pay the Costs of issuance of such Refunding Bonds; (d) that notice of redemption, if applicable, of the Bonds to be refunded has been duly given or that provision has been made therefor, as applicable; and (e) (i) the Debt Service Requirements for the current and each Fiscal Year (A) with respect to all Bonds Outstanding immediately prior to the authentication and delivery of Refunding Bonds and (B) with respect to all Bonds to be Outstanding immediately thereafter, and (ii) that the Debt Service Requirements for each such Fiscal Year is no greater in (i) (B) than in (i) (A) of this subsection; and (2) a written opinion of Bond Counsel to the effect that the issuance of such Refunding Bonds will not adversely affect the exclusion from gross income for federal income tax purposes of interest on any Bonds issued pursuant to the Indenture and that the Bonds have been paid in accordance with Article XIV hereof. Unless otherwise specifically provided in the Certified Resolution of the Issuer authorizing a series of Refunding Bonds, all of the provisions of Article II hereof shall apply to Refundi. J Bonds issued hereunder. SECTION 3.03. Disposition of Proceeds of Bond~. Upon the issuance and delivery of any Series of Bonds issued under Sections 3.01 or 3.02 hereof, the proceeds shall be received by the Trustee in accordance with the terms hereof and of the applicable Certified Resolution. The Trustee shall deposit the same in the Construction Fund under Article V hereof (unless the purpose is refunding, in which case the proceeds of such Refunding Bonds and any other amounts to be added thereto shall be deposited in a redemption or escrow fund especially established for that purpose as more specifically provided in the Certified Resolution of the Issuer authorizing the issuance of such Series of Bonds), except that any portion representing capitalized interest or prepaid reserves shall be deposited in such appropriate interest account or accounts or reserve fund or funds, respectively, as may be established for the Bonds of such Series, all as more specifically provided by written direction to the Trustee by the Issuer. SECTION 3.04 Closing Statement: Payment by Trustee. The Trustee is authorized to pay from the Construction Fund in anounts E-=':. fc::th in a clcsing st:aternent 0::: :::equl!:ition signed by a ~:sponsible O:~icer of the Issuer, arr.ou~:.s representing the Costs of issuance of the Bonds and amounts, if any, to be reimbursed to the Issuer for advances on account of Costs of the Project or GTH\HARRIS\15784.01\11/26/96 - 26 - . __. _'n_~ __ __n'.._..__..__.. _ ~'."_ ..____~_____...~___._ ____..,.__ 1 6G 3 portion thereof, all as more specifically provided in Section 5.02 hereof. (END OF ARTICLE IIIl - 27 - GTH\HARRIS\15784.01\11/26/96 ___..._i.'"...._...._________,....__;...._.__.._;..._"',.."",.....;,~ J-. .',."'.: ~ I . . , 1 6G 3 ARTICLE IV ACQUISITION OF PROJECT SECTION 4.01. Project to Conform to Plans and Specifications; .chan9~..s.. The Issuer will proceed to complete the Project in accordance with the plans and specifications therefor; provided, however, that prior to any material change in the original plans and specifications for the Project as approved by the Issuer, the Consulting Engineer shall deliver to the Trustee a certificate specifying the nature of the change and the reason for the change, and such certificate shall further contain the signature of a Responsible Officer of the Issuer indicating the Issuer's approval of such changei provided further, that the Trustee shall have no responsibility to review such changes and shall not be held liable should any such change prove to be inappropriate. SECTION 4.02. Co~l iance Requirement~. The Issuer will comply with all, present and future laws, acts, rules, regulations, orders and requirements lawfully made and applicable to any acquisition or construction hereby undertaken and shall obtain all necessary approvals under federal, state and local laws, acts, rules and regulations necessary for the completion, operation and maintenance of the Project. (E~~ OF ARTICLE IV] GTK\HARRIS\15784.01\11/26/95 - 28 - - - .-- -~ - - ,'" ~...~ . ~. ...... ARTICLE V 1 6G 3 CONSTRUCTION FUND SECTION 5.01 Establishment of and Payments from Const~uctiQD Eund. The Trustee shall establish a Construction Fund into which shall be deposited all or a portion of the proceeds from the Series 1996 Bonds in accordance with instructions from the Issuer and from which Costs may be paid as set forth herein. The amounts in the Construction Fund, until applied as hereinufter provided, shall be held for the security of the Bonds Outstanding hereunder. Payments shall be made from the Construction Fund to pay any unpaid Costs of issuance of the Series 1996 Bonds, including without limitation, legal, engineering, and consultants' fees and to pay amounts to be reimbursed to the Issuer for Costs advanced, and thereafter to pay Costs of planning, financing, acquisition, construction, equipping and installation of the Project. For the purposes of this Section 5.01, Costs of the Project shall embrace the Cost of planning, acquisition, construction, reconstruction, equipping or installing and all other items of Cost incident to such planning, acquisition, construction, reconstruc- tion, equipping or installing and the financing thereof, and shall include, without intending thereby to limit or restrict any proper definition of such Cost (as defined in this Indenture) under the provisions of the Act or the Indenture; the following: (a) obligations incurred for labor and materials and to contractors, builders and materialmen in connection with such construction, for machinery and equipment, and for the restoration or relocation of property damaged or destroyed in connection with such construction; (b) the Cost of acquiring by purchase, if such purchase shall be deemed expedient, and the amount of any award or final judgment in or any settlement or compromise of any proceeding to acquire by condemnation, such property, lands, rights, rights of ~ay, franchises, easements and other interests in land constituting a part of, or as may be deemed necessary or convenient for the acquisition or construction of, the Project, options and partial payments thereon, the Cost of filling, draining or improving any lands so acquired, and the amount of any damages incident to or consequent upon the acquisition, construction, reconstruction, installing or equipping of the Project; (c) the fees and expenses of the Trustee, the Registrar, any Paying Agent under the Indenture, including fees for services in connection with the acceptance of the trusts hereby created, legal expenses and fees (including appellate fees), fees and expenses of consultants, financing charges, Costs of preparing and issuing Bonds, taxes or other municipal or governmental charges lawfully levied or assessed upon the Project during construction, or any property acquired therefor, and premiums on insurance (if GTH\HARRIS\15784.01\11/26/96 - 29 - --------- 1 6G 3 any) on Bonds issued in connection with the Project during construction; (d) fees and expenses of engineers for making studies, surveys and estimates of Costs and of revenues and for preparing plans and supervising construction, as well as for the performance of all other duties of engineers set forth herein in relation to the construction of the Project or the issuance of Bonds therefor; (e) expenses of administration properly chargeable to the Project and all other items of expense not elsewhere in this Section specified, inciden~ to the acquisition, construction, reconstruction, equ~?ping and installation of the Project and the placing of the same in operation and to the acquisition of real estate, franchises and rights of way therefor, including abstracts of title and title insurance. SECTION 5.02. ~Qnstruction Fund Disbursement~. The Trustee shall make payments from the Construction Fund (and any accounts and subaccounts therein) only upon receipt of the fully executed Form of Requisition as described in Exhibit D hereof. In the event that any requisition for the acquisition price of a specific component of the Project is in payment for any real property or interest therein, the Trustee shall not make such payment from the Construction Fund unless the Responsible Officer's certificate has attached thereto evidence that the Issuer has received a title insurance policy approved by counsel covering such property or written opinion of counselor any attorney designated for such purpose by counsel, to the effect that the Issuer shall have upon such payment marketable title in fee simple to such property, subject to no lien, charge or encumbrance thereon affecting the title thereto except liens, charges, encumbrances or other defects of title which do not have a materially adverse effect upon the right of the Issuer to use such property for the purposes intended or which have been adequately guarded against by a bond or other form of indemnity or, if such payment be payment for an option to purchase or for a quit-claim deed or a lease or a release or on a contract to purchase or is otherwise for the acquisition of a right or interest in property less than a fee simple or perpetual easement, or if such payment be a part payment for any such purpose, the written approval of the acquisition of such lesser right or interest signed by such attorney. Notwithstanding the foregoing requisition procedure, costs of issuance of any Series of Bonds and amounts to be reimbursed by the Issuer to any other Person for moneys advanced to or on behalf of the Issuer for payment of Costs of the Project (other than for real property) shall be paid by the Trustee from the Construction Fund upon delivery to the Trustee, on the date of issuance and delivery of such Series of Bonds, of a closing statement signed by a Respon- sible Officer of the Issuer, specifying the Person to whom payment is ~o be made, t~e obligatio~ on acco~~t of w~ich the paymen~ is to be made and the amount payable with respect thereto. Costs of - 30 - GTH\HARRIS\157B4.01\11/26/96 1 6G 3 issuance of any Series of Bonds and amounts to be reimbursed by the Issuer to third parties for moneys advanced to the Issuer for payment of Costs of the proj ect, presented to the Trustee for pa~nent subsequent to the date of issuance and delivery of such Series of Bonds, shall be paid by the Trustee from the Construction Fund in accordance with the requisition procedures set forth in this Section. SECTION 5.03. ~ords and Reports During ConstrjJction Period. All requisitions and certificates received by the Trustee, as required by this ~.rticle V as conditions of payment from the Construction Fund, shall be retained in the possession of the Trustee, subject at all times to the inspection of the Issuer and the Consulting Engineer, for a period ending no earlier than three (3) years from the date of completion of the Project. SECTION 5.04. Completion of ConstructiOIl. The date of completion of the Project (the "Completion Date") shall be evidenced to the Trustee by a certificate signed by the Consulting Engineer and the District Manager stating that, except for amounts retained by the Trustee for Costs of the Project, not then due and payable: (a) The Project has been completed in accordance with the specifications therefor and all labor, services, materials and supplies used in the Project have been paid for and acknowledgments of such payments have been obtained from all contractors and suppliers; (b) All other facilities necessa~J in connection with the Project have been constructed, acquired and installed in accordance with the specifications therefor, and all Costs and expenses incurred in connection therewith have been paid; and (c) All requirements of the Maintenance Agreement between the Issuer, the Board of County Commissioners of Collier satisfied. Construction and Developer and the County have been Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently corne into being. Within ten (10) days following the Completion Date of the proj ect, the Trustee shall transfer any balance in the Construction Fund pertaining to the Series 1996 Bonds and shall deposit the same in the Debt Service Reserve Fund, but only to the extent that a deficiency then exists in the Debt Service Reserve Fund. Any remaining balance from the funds in the Construction Fund (except moneys retained for expenses not yet due and payable) pertaining to the Series 1996 Bonds which are not required to be tra~sferred to the Debt Service Reserve Fund shall - 31 - GTH\HARRIS\15784.Dl\11/26/96 1 6G 3 be transferred to the Bond Redemption Fund for application as set forth in Section 8.03 of this Indenture. Upon receipt of a certificate from the Consulting Engineer and the District Manager evidencing the Completion Date of the Project, as described above, the Board of Supervisors of the Issuer at its next regularly scheduled meeting shall adopt a resolution accepting the completed Proj ect for purposes of Section 170.09, Florida Statutes, as amended. {END OF ARTICLE V] - 32 - GTH\HARRIS\15784.01\11/26/96 _.- .', "'.-_- _......,"""',_.__--.....~~""'''_'''''''''".'''.._w;....'''','''',,,.;>'''..,__~_"'"_..__......'""_"'''''.,,_~,,,.,,..,...,__'''____.__. 1 6G 3 ARTICLE VI NON-AD VALOREM SPECIAL ASSESSMENTS; APPLICATION THEREOF TO FUNDS AND ACCOUNTS SECTION 6.01. NQn-Ad Valorem Special Assessments: Li~n of lnpenture on Pledged Reve~ues. The Issuer hereby covenants that it shall levy Special Assessments, and evidence and certify the same to the Tax Collector or shall take all necessary action legally available to certify the non-ad valorem Special Assessments roll to the Tax Collector for collection by the Tax Collector and enforcement by the Tax Collector or, if authorized by Section 9.04 hereof, the Issuer may utilize alternative methods of collection and enforcement by the Issuer, pursuant to the Act, Chapter 170 or Chapter 197, Florida Statutes I or any successor statutes, as applicable, to the extent and in the amount at least necessary to pay the Debt Service Requirements on the Bonds issued and Outstanding hereunder. The Issuer shall pay to the Trustee for deposit in the Revenue Fund established under Section 6.03 hereof all Special Assessments received by the Issuer from the levy thereof on the District Lands subject to assessments for the payment of Bonds; provided, however, that amounts received as prepayments of Special Assessments shall be deposited directly into the Prepayment Account in the Bond Redemption Fund established hereunder. The Issuer shall at the time of each deposit notify the Trustee of the amount of such prepayment to be deposited into the Prepayment Account. The Pledged Revenues are hereby pledged for the payment of the principal or Redemption Price of and interest on all the Bonds issued and Outstanding under the Indenture. The pledge to the Trustee of the Pledged Revenues as security for the payment of the principal or Redemption Price of, and interest on, the Bonds issued and Outstanding under the Indenture and the performance of any other obligation of the Issuer hereunder with respect to the District Bonds, shall be valid and binding from the date hereof, and the covenants and agreements set forth herein to be performed by or on behalf of the Issuer shall be, except as otherwise expressly provided or permitted herein, for the equal and ratable benefit, protection and security of the Owners of the Bonds, regardless of their times of issue and maturity, and shall be of equal rank, without preference, priority, or distinction of anyone Bond over any other Bond. The Pledged Revenues shall immediately be subject to the lien and pledge of the Indenture wi thout any physical delivery hereof or further act; provided, however, that the lien and pledge of the Indenture shall not apply to any moneys transferred by the Trustee to the Rebate Fund. - 33 - GTH\HARRIS\15784.01\11/26/96 -'-..... - -- -- .. ~ ..__IlII._"... ~.._N";K' 1 6G 3 SECTION 6.02. Funds and Accounts R~lating to th~ Bonds. The Funds and Accounts sp~cified in this Article VI shall be established under the Indenture for the benefit of all of the Bonds issued under the Indenture. All moneys on deposit to the credit of the Funds and Accounts established hereunder (except for moneys transferred to the Rebate Fund) shall be pledged to the payment of the principal, redemption or purchase price of (as the case may be) and interest on the Bonds issued hereunder. SECTION 6.03. Revenue Fund. The Trustee is hereby authorized and directed to establish a Revenue Fund into which the Trustee shall deposit (i) Bond proceeds as directed by the Issuer, (ii) any and all Special Assessments received from the levy thereof on the District Lands for the payment of Bonds and (iii) other payments required hereunder, provided, however, that amounts received as prepayment of Special Assessments shall be deposited into the Prepayment Account of the Bond Redemption Fund. Absent such a notice from the Issuer, the Trustee can assume that there are no such prepayments. The Revenue Fund shall be held by the Trustee separate and apart from all other Funds and Accounts held under the Indenture and from all other moneys of the Trustee. On the Business Day immediately prior to each May 1 (with the exception of when the first Interest Payment Date is on November 1 and, in that case, the Trustee shall transfer sufficient funds to the Interest Account of the Debt Service Fund to pay the interest on all Bonds then Outstanding on such November 1), the Trustee shall transfer from amount.s on deposit in the Revenue Fund to the Funds and Accounts designated below, the following amounts in the following order of priority: FIRST, to the Interest Account of the Debt Service Fund, an amount equal to the amount of interest payable on all Bonds then Outstanding on such May 1 and the next succeeding November 1 less any amounts already on deposit in the Interest Account not previously credited; SECOND, to the Principal Account of the Debt Service Fund, an amount equal to the principal amount of Bonds maturing on the next succeeding May 1, less any amount already on deposit in the Principal Account not previously credited; THIRD, beginning on 1, 199 and on each Interest Payment Date thereafter, to the Sinking Fund Account of the Debt Service Fund, an amount equal to the principal amount of Bonds subject to mandatory sinking fund redemption on the next succeeding May 1, less any amount already on deposit in the Sinking Fund Account not previously credited; FOURTH, to the Debt Service Reserve Fund, an amount equal to the amount, if any, which is necessary to make the - 34 - GTH\HARRIS\15784.01\11/26/96 . - -- ___...._ ....y~..,...,.-r"lIII;JIII.~~'1~.____..~ 1 6G 3; amount on deposit therein equal to the Debt Service Reserve Requirement with respect to the Bonds; and FIFTH, to the Bond Redemption Fund. Notwithstanding the foregoing provisions, if the period between Interest Payment Dates is other than six (6) months with respect to any Series of Bonds, then such transfers shall be adjusted accordingly so that sufficient moneys will be on deposit in the Funds and Accounts to provide for the timely payment of such Bonds. SECTION 6.04. ~bt Service Fupd. The Trustee is hereby authorized and directed to establish a Debt Service Fund which shall consist of amounts deposited therein by the Trustee and any other amounts the Issuer may pay to the Trustee for deposit therein with respect to the Bonds. The Debt Service Fund shall be held by the Trustee separate and apart from all other Funds and Accounts held under the Indenture and from all other moneys of the Trustee. The Trustee shall establish within the Debt Service Fund an Interest Account, a Principal Account and a Sinking Fund Account, which accounts shall be separate and apart from all other Funds and Accounts established under the Indenture and from all other moneys or the Trustee. The Trustee at all times shall make available to any Paying Agent the funds in the Principal Account and the Interest Account of the Debt Service Fund to pay the principal of the Bonds as they mature upon surrender thereof and the interest on the Bonds as it becomes paya.ble , respectively. When Bonds are redeemed, the amount, if any, in the Debt Service Fund representing interest thereon shall be applied to the payment of accrued interest in connection with such redemption. The Trustee shall apply moneys in the Sinking Fund Account in the Debt Service Fund for purchase or redemption of the Bonds in amounts and maturities set forth in Section 8.01(C) hereof. Hhenever Bonds are to be purchased out of such Sinking Fund Account, if the Issuer shall notify the Trustee that the Issuer wishes to arrange for such purchase, the Trustee shall comply with the Issuer's arrangements provided they conform to the Indenture. Purchases and redemptions out of the Sinking Fund Account shall be made as follows: (a) The Trustee shall apply the amounts required to be transferred to the Sinking Fund Account (less any moneys applied to the purchase of Bonds pursuant to the next sentence hereof) on the principal payment date in each of the years set forth in Section 8.01(c) hereof to the redemption of Bonds in the amounts, manner and maturities and on the dates set forth in said Section 8.01(c) - 35 - GTH\HARRIS\15764.01\11/26/96 ~-----~- -~- .,~ ~, .. .' .. " ~. . ' '. '. .. \~' ~ 1 6G 3 hereof / at a Redemption Price of 100% of the principal amount thereof. At the written direction of the Issuer, the Trustee shall apply moneys from time to time available in the Sinking Fund Account to the purchase of Bonds which mature in the aforesaid years, at prices not higher than the principal amount thereof, in lieu of redemption as aforesaid, provided that firm purchase commitments can be made before the notice of redemption would otherwise be required to be given. In the event of purchases at less than the principal amount thereof, the difference between the amount in the Sinking Fund Account representing the principal amount of the Bonds so purchased and the purchase price thereof (exclusive of accrued interest) shall be transferred to the Interest Account of the Debt Service F'und. (b) Accrued interest on purchased Bonds shall be paid from the Interest Account of the Debt Service Fund. (c) In lieu of paying the Debt Service Requirements necessary to allow any mandatory redemption of Bonds from the Sinking Fund Account, the Issuer may present to the Trustee, at least 60 days before the next Interest Payment Date, Bonds purchased by the Issuer pursuant to subparagraph (a) above and furnished for such purposes; provided, however, that no Bonds so purchased shall be credited towards the Debt Service Requirements in respect of the mandatory redemption of Bonds for which notice of redemption has been given pursuant to Section 8.02 of this Indenture. Any Bond so purchased shall be presented to the Trustee for cancellation. In such event, the Debt Service Requirements with respect to the Bonds for the period in which the purchased Bonds are presented to the Trustee shall, for all purposes hereunder, be reduced by an amount allocable to the aggregate principal amount of any such Bonds so presented. SECTION 6.05. Debt Service Reserve FunQ. The Trustee is hereby authorized and directed to establish a Debt Service Reserve Fund with respect to the Bonds. The Debt Service Reserve Fund shall be held by the Trustee for the benefit of the Bonds. The Debt Service Reserve Fund shall constitute an irrevocable trust fund to be applied solely as set forth herein and shall be held by the Trustee separate and apart from all other Funds and Accounts held under the Indenture and from all other moneys of the Trustee. On the date or issuance and delivery of a Series of Bonds an amount of Bond proceeds equal to the increase, if any, in the Debt Service Reserve Requirement in respect of such Series of Bonds, calculated as of the date of issuance and delivery of such Series of Bonds, shall be deposited in the Debt Service Reserve Fund. As long as there exists no default under the Indenture and the amount in the Debt Service Reserve Fund is not reduced below the then applicable Debt Service Reserve Requirement with respect to the Bonds, earnings on investments in the Debt Service Reserve Fund shall be transferred to the Revenue Fund. Otherwise, earnings on invest- - 36 - GTH\HAKKIS\157B4.01\11/26/96 1 6G 3 ments in the Debt Service Reserve Fund shall be retained in the Debt Service Reserve Fund until applied as set forth herein. In the event that the amount in the Debt Service Reserve Fund exceeds the Debt Service Reserve Requirement with respect to the Bonds due to a decrease in the then applicable Debt Service Reserve Require- ment or any other reason, the excess amount shall be transferred from the Debt Service Reserve Fund to the Revenue Fund. Whenever for any reason on an interest or principal payment date or mandatory redemption date, the amount in the Interest Account, the Principal Account or the Sinking Fund Account, as the case may be, is inskfficient to pay all amounts payable on such Bonds therefrom on such payment dates after taking into account funds available for such purpose in the Bond Redemption Fund, the Trustee shall, without further instructions, transfer the amount of any such deficiency from the Debt Service Reserve Fund into the Interest Account, the Principal Account and the Sinking Fund Account, as the case may be, with priority to the Interest Account and then, proportionately according to the respective deficiencies therein, to the Principal Account and the Sinking Fund Account, to be applied to pay the Bonds and the interest thereon. SECTION 6.06. ErQcedure Wh~n Funds Are Sufficient to Pay All Bonds. If at any time the moneys held by the Trustee in the Funds and Accounts hereunder and available therefor are sufficient to pay the prinCipal or Redemption Price of, as the case may be, and interest on all Bonds then Outstanding hereunder to maturity or prior redemption, togethe~ with any amounts due the Issuer and the Trustee, Paying Agent and Registrar, the Trustee, at the direction of the Issuer, shall apply the amounts in the Funds and Accounts to the payment of the aforesaid obligations and the Issuer shall not be required to pay over any further Pledged Revenues unless and until it shall appear that there is a deficiency in the Funds and Accounts held by the Trustee. SECTION 6.07. Rebate Fund. On the date required by the arbitrage rebate agreement or by the Code, the Issuer shall give the Trustee written direction and the Trustee shall transfer over from the Revenue Fund to the Rebate Fund the amount due and owing to the United States, which amount shall be paid to the United States when due. Amounts on deposit in the Rebate Fund shall be held in trust by the Trustee and used solely to make required rebates to the United States (except to the extent the same may be transferred to the Revenue Fund) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. The Issuer agrees to undertake all actions required of it in its arbitrage re~ate agreement dated the date of issuance of the Bonds, relating to such Bonds, as well as any successor arbitrage rebate agreement relating to other Series of Bonds, inClUding, but not limited to: GTH\HARRlS\15784.01\11/26/96 - 37 - , '" ,. .' " ,,". .. . , . ,,", " . 1 6G 3 (A) making a determination in accordance with the Code of the amount required to be deposited in the Rebate Fund; (B) depoSiting the amount determined in clause (A) above into the Rebate Fund; (C) paying on the dates and in the manner required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasury; and (D) keeping such records of the determinations made pursuant to this Section 6.07 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds. The provisions of the above-described arbitrage rebate agreement may be amended from time to time as shall be necessary, in the opinion of Bond Counsel, to comply with the provisions of the Cod,=. (END OF ARTICLE VI] GTH\HARRIS\157B4.01\11/26/96 - 38 - 1 6G 3 ARTICLE VII SECURITY FOR AND INVESTMENT OR DEPOSIT OF FUNDS SECTION 7.01. Deposits and Security Th~refor. All moneys received by the Trustee for deposit in any Fund or Account established under the Indenture shall be considered trust funds, shall not be subject to lien or attachment, except for the lien created by the Indenture, and shall be deposited in the corporate trust department of the Trustee, until or unless invested or deposited as provided in Section 7.02 hereof. All deposits of moneys received by the Trustee under the Indenture in the corporate trust department of the Trustee (whether original deposits under this Section 7.01 or deposits or redeposits in time accounts under Section 7.02) shall, to the extent not insured, and to the extent permitted by law, be fully secured as to both principal and interest earned, by Investment Securities of the types set forth in subparagraphs (a), (b), (c) or (d) of the definition of Investment Securities and the provisions thereof. If at any time the commercial department of the bank acting as Trustee is unwilling to accept such deposits or unable to secure them as provided above, the Trustee may deposit such moneys with any other depositary which is authorized to recei.ve them and the deposits of which are insured by the Federal Deposit Insurance Corporation (including the FDIC'S Savings Association Insurance Fund). All deposits in any other depositary in excess of the amount covered by insurance (whether under this Section 7.01 or Section 7.02 as aforesaid) shall, to the extent permitted by law, be fully secured as to both principal and interest earned, in the same manner as required herein for deposits with the Trustee. Such security shall be deposited with a Federal Reserve Bank, with the trust department of the Trustee as authorized by law with respect to trust funds in the State, or with a bank or trust company having a combined net capital and surplus of not less than $50,000,000. SECTION 7.02. Investment or Deposit of Funds. The Trustee shall, as directed by the Issuer in writing, invest moneys held in the Funds and Accounts only in Investment Securities. All deposits in time accounts shall be subject to withdrawal without penalty and all investments shall mature or be subject to redemption by the holder without penalty, not later than the date when the amounts will foreseeably be needed for purposes set forth herein. All securities securing investments under this Section shall be deposited with a Federal Reserve Bank, with the trust department of the Trustee, as authorized by law with respect to trust funds in the State, or with a bank or trust company having a combined net capital and surplus of not less than $50,000,000. The interest and income received upon su~h investments and any interest paid by the Trustee or any other depositary of any Fund or Account and any profit or loss resulting from the sale of securities shall be added - 39 - GTH\~RRIS\15784.01\11/26/96 1 6G 3 or charged to the Fund or Account for which such investments are made; provided, however, that if the amount in any Fund or Account (other than the Bond Redemption Fund and the Prepayment Account) equals or exceeds the amount required to be on deposit therein, any interest and other income so received shall be deposited in the in the Construction Fund until the Completion Date of the Project and thereafter into the Revenue Fund. Upon request of the Issuer, or on its own initiative whenever payment is to be made out of any Fund or Account, the Trustee shall sell such securities as may be requested to make the payment and restore the proceeds to the Fund or Account in which the securities were held. The Trustee shall not be accountable for any depreciation in the value of any such security or for any loss resulting from the sale thereof, except as provided hereinafter. If net proceeds from the sale of securities held in any Fund or Account shall be less than the amount invested and, as a result, the amount on deposit in such Fund or Account is less than the amount required to be on deposit in such Fund or Account, the amount of such deficit shall be transferred to such Fund or Account from the Revenue Fund in the order and at the times specified in Section 6.03. Absent specific instructions as aforesaid, all moneys in the Funds and Accounts established under the Indenture shall be invested in Investment Securities as provided in a standing written instruction or specific instruction of the Issuer or, if none, then held uninvested. The Trustee shall not be liable or responsible for any loss or entitled to any gain resulting from any investment or sale upon the investment instructions of the Issuer or otherwise. SECTION 7.03. Valuation of Funds. The Trustee shall value the assets in each of the Funds and Accounts established hereunder as of September 30 of each Fiscal Year (except that the Debt Service Reserve Fund shall be valued on each Interest Payment Date), and as soon as practicable after each such valuation date (but no later than ten (10) days after each such valuation date) shall provide the Issuer a report of the status of each Fund and Account as of the valuation date. In computing the assets of any Fund or Account, investments and accrued interest thereon shall be deemed a part thereof, subject to Section 7.02 hereof. For the purpose of determining the amount on deposit to the credit of any Fund or Account established hereunder, with the exception of the Debt Service Reserve Fund, obligations in which money in such Fund or Account shall have been invested shall be valued at the market value or the amortized cost thereof, whichever is lower, or at the redemption price thereof, to the extent that any such obligation is then redeemable at the option of the holder. For the purpose of determining the amount on deposit to the credit of the Debt Service Reserve Fund, obligations in which money in such Fund shall have been invested shall be valued at par, if purchased at par, or at amortized cost, if p~rchased at other tha~ par, plus, in each case, accruE:i interest. Amorti::ed cost, ,,"'hen usee. \o:ith respect:. to an - 40 - GTH\~~RIS\lS784.01\11/26/96 1 6G 3 obligation purchased at a premium above or a discount below par, means the value as of any given time obtained by dividing the total premium or discount at which such obligation was purchased by the number of days remaining to maturity on such obligation at the date of such purchase and by multiplying the amount thus calculated by the number of days having passed since such purchase; and (1) in the case of an obligation purchased at a premium by deducting the product thus obtained from the purchase price, and (2) in the case of an obligation purchased at a discount by adding the product thus obtained to the purchase price. [END OF ARTICLE VII] - 41 - GTH\1~RIS\15784.01\11/26/96 ARTICLE VIII 1 6G 3 REDEMPTION AND PURCHASE OF BONDS SECTION 8.01. Redemption Dates and Price~. The Bonds shall be subject to redemption at the times and in the manner provided herein and, as to any Series of Refunding Bonds, as further pro- vided in the Certified Resolution of the Issuer authorizing such Series of Refunding Bends. All payments of the Redemption Price of the Series 1996 Bonds shall be made on the dates hereinafter required. If leGs than all the Bonds are to be redeemed, the Trustee shall select the Bonds or portions of the Bonds to be redeemed by lot. Partial redemption of Bonds shall be made in such a manner that the remaining Bonds held by each Bondholder shall be in Authorized Denominations. (a) Optional Redemption. Except as otherwise provided in Section 8.01(b) and (c) hereof, the Series 1996 Bonds are not sub- ject to redemption prior to 1, ____ The Series 1996 Bonds shall be subject to redemption at the option of the Issuer, in whole at any time on or after 1, _, or in part on any Interest Payment Date on or after 1, ____, at the Redemption Prices (expressed as percentages of the principal amount to bE~ redeemed) set forth below plus accrued interest to the redemption date, upon receipt by the Trustee not less than forty- five (45) or more than sixty (60) days prior to such redemption date of a written direction from the Issuer stating that it intends to effect redemption of such Bonds: Redemption Period (Both Dates Inclusive) Redemption Price 1, through 31, 1, ---- through 31, 1, ---- and thereafter % (b) Extraordinary Mandatory Redemption in Whole or in Part. The Series 1996 Bonds are subject to extraordinary mandatory redemption prior to maturity by the Issuer in whole, on any date, or in part, on any Interest Payment Date, at an extraordinary mandatory redemption price equal to 100% of the principal amount of the Series 1996 Bonds to be redeemed, plus interest accrued to the redemption date, (i) from moneys deposited into the Prepayment Account in the Bond Redemption Fund following the payment in full of Special Assessments on any portion of the District Lands within thirty (30) days after the completion of the Project and acceptance thereof by the Issuer in accordance with the provisions of Section 9.08(a) hereof; (ii) from moneys deposited into the Prepayment Account in the Bond Redemption Fund following the payment 'in full or in part of Spe=ial ~ssessme~ts on a~~ portion of the District - 42 - GTH\~RIS\15784,Ol\11/26/96 1 6G 3 L~nds as a result of any prepayment of Special Assessments at any time subsequent to thirty (30) days after the completion of the Project in accordance with Section 9.08(b) hereof, or as the result of any foreclosure, sale of tax certificate or other remedial action for non-payment of Special Assessments; (iii) following con- demnation or the sale of any portion of the District Lands to a governmental entity under threat of condemnation by such govern- mental entity and the payment of moneys by such governmental entity to the Trustee for deposit into the Prepayment Account in the Bond Redemption Fund pursuant to Section 9.14(c) hereof in order to effectuate such redemption; (i.v) from excess moneys in the Con- struction Fund transferred to the Bond Redemption Fund pursuant to Section 5.04 of this Indenture after completion of the Project, as evidenced by the certificate of the Consulting Engineer and the District Manager required by Section 5.04 of this Indenture; or (v) from moneys, if any, on deposit in the Prepayment Account in the Bond Redemption Fund pursuant to Section 9.14(c) hereof following the damage or destruction of all or substantially all of the Project to such extent that, in the reasonable opinion of the Issuer, the repair and restoration thereof would not be economical or would be impracticable; provided, however, that at least forty- five (45) days prior to such extraordinary mandatory redemption described in Section 8.01 (b) (v), the Issuer shall cause to be delivered to the Trustee (x) notice setting forth the redemption date anc (y) a certificate of the Consulting Engineer confirming the- t. the repair and restoration of the Project would not be er .lomical or would be impracticable. Notwithstanding anything to tIle cor:.trary contained in Article V hereof, upon the receipt by the Trustee of the certificate described in this Section 8.01(b) (v) or the occurrence of an event described in Section 8.01 (b) (iii) , ~oneys in the Construction Fund (except for moneys retained for expenses incurred but not yet due and payable) shall be transferred to the Prepayment Account in the Bond Redemption Fund for application as set forth in this Section 8.01(b). On each l-larch 15 and September 15 (or if such date is not a Business Day, on the Business Day next preceding such day), the Trustee shall determine the amount on deposit in the Prepayment Account of the Bond Redemption Fund, and, if the balance therein is greater than zero, shall transfer from the Revenue Fund for deposit into such Prepayment Account an amount sufficient to increase the amount on deposit therein to an integral multiple of $5,000 and shall thereupon give notice and cause the extraordinary mandatory redemption of Bonds on the next suceeding Interest Payment Date in the maximum aggregate principal amount for which moneys are then on deposit in such Prepayment Account in accordance with the provisions fo~ extraordinary redemption of Bonds. (c) Mandatory Sinking Fund Redemption. The Series 1996 Bonds are subject to mandatory sinki~g fund redemption on 1 i~ the respective years se: forth in the following table, at a GTH\HARRIS\15784.01\11/26/95 - 43 - 1 6G 3 Redemption Price of lOot of the principal amount thereof plus accrued interest to the redemption date. Xu1: Principal Amount of Bonds to he Paid .Iu.t: Principal Amount of Bonds to he Paid In connection with such mandatory sinking fund redemption of Series 1996 Bonds, commencing 1" amounts shall be transferred from the Revenue Fund to the Sinking Fund Account of the Debt Service Fund, all as more particularly described in Section 6.03 hereof. The principal amounts specified in the foregoing table shall be reduced as specified by the Issuer by any principal amounts of the Seri~s 1996 Bonds redeemed pursuant to Section 8.01(a), (b) and (c) hereof or purchased pursuant to Section 6.04 hereof. SECTION 8.02. Notice of Redemption and of Purchase. When required to redeem or purchase Bonds under any provision of the Indenture or directed to do so by the Issuer, the Trustee shall cause notice of the redemption, either in whole or in part, to be mailed at least thirty (30) but not more than sixty (60) days prior to the redemption or purchase date to all Owners of Bonds to be redeemed or purchased (as such Owners appear on the Bond Register on the fifth (5th) day prior to such mailing), at their registered addresses, but failure to mail any such notice or defect in the notice or in the mailing thereof shall not affect the validity of the redemption or purchase of the Bonds for which notice was duly mailed in accordance with this Section 8.02. Such notice shall be given in the name of the Issuer, shall be dated, shall set forth the Bonds Outstanding which shall be called for redemption or purchase and shall include, without limitation, the following additional information: (a) the redemption or purchase date; (b) the redemption or purchase price; GTH\HARRIS\15784.01\11/26/96 - 44 - 1 6G 3 (c) CUSIP numbers, to the extent applicable, and any other distinctive numbers and letters; (d) if less than all Outstanding Bonds to be redeemed or purchased, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed or purchased; (e) that on the redemption or purchase date the redemption or purchase price will become due and payable upon sur- render of each such Bond or portion thereof called for redemption or purchase, and that interest thereon shall cease to accrue from and after said aate; and (f) the place where such Bonds are to be surrendered for payment of the redemption or purchase price, which place of payment shall be a corporate trust office of the Trustee. If at the time of mailing of notice of an optional redemption or purchase, the Issuer shall not have deposited with the Trustee or Paying Agent moneys sufficient to redeem or purchase all the Bonds called for redemption or purchase, such notice shall state that it is subject to the deposit of the redemption or purchase moneys with the Trustee or Paying Agent, as the case may be, not later than the opening of business on the redemption or purchase date, and such notice shall be of no effect unless such moneys are so deposited. For all redemptions other than mandatory sinking fund redemptions, if the amount of funds deposited with the Trustee for such redemption, or otherwise available, is insufficient to pay the redemption price and accrued interest on the Bonds so called for redemption on the redemption date, the Trustee shall redeem and pay on such date an amount of such Bonds for which such funds are sufficient, selecting the Bonds to be redeemed by lot from among all such Bonds called for redemption on such date, and among different maturities of Bonds in the same manner as the initial selection of Bonds to be redeemed, and from and after such redemption date, interest on the Bonds or portions thereof so paid shall cease to accrue and become payable; but interest on any Bonds or portions thereof not so paid shall continue to accrue until paid at the same rate as it would have had such Bonds not been called for redemption. In addition to the foregoing notice, further notice of redemp- tion shall be given by the Trustee as set forth below, but no defect in said further notice of redemption nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. GTH\HARRIS\15784.01\11/26/95 - 45 - (1) Each further notice of redemption 9ivJb 6Jieu~er shall contain the information required above for an official notice of redemption plus (i) the date of issue of the Bonds as originally issued; (ii) the rate of interest borne by each Bond being redeemed; (iii) the maturity date of each Bond being redeemed; and (iv) any other descriptive information needed to identify accurately the Bonds being redeemed. (2) Each such further notice of redemption shall be sent at least 35 days before the redemption date by registered or certified mail or overnight delivery service to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depositories now being Depository Trust Company of New York, New York, Midwest Securities Trust Cr)mpany of Chicago, Illinois, Pacific Securities Depository Trust Company of San Francisco, California and Philadelphia Depository Trust Company of Philadelphia, Pennsylvania) and to one or more national information services that disseminate notices of redemption of obligations such as the Bonds (such as Financial Information, Inc. 's Daily Called Bond Service, Interactive Data Corporation's Bond Service, Kenny Information Service's Called Bond Service, Moody's Municipal and Govern- ment News Report, and Standard and Poor's Called Bond Record) . (3) Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP nu~ber identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. The notices required to be given by this Section 8.02 shall state that no representation is made as to correctness or accuracy of the CUSIP numbers listed in such notice or printed on the Bonds. SECTION 8.03. Bond Redemption Funq. The Trustee is hereby authorized and directed to establish for the Bonds a Bond Redemp- tion Fund into which shall be deposited certain moneys as provided in the Indenture. The Bond Redemption Fund shall constitute an irrevocable trust fund to be applied solely as set forth in the Indenture and shall be held by the Trustee separate and apart from all other Funds and Accounts held under the Indenture and from ail other moneys of the Trustee. The Trustee shall establish within the Bond Redemption Fund a Prepayment Account, which account shall be separate and apart from all other Funds and Accounts established under the Indenture and from all other moneys of the Trustee. All earnings on investments held in the Bond Redemption Fund or the Prepayment Account, as the case may be, shall be retained therein and applied as set forth below. The Issuer shall at the time of deposit of moneys specify which moneys are to be deposited into the GTH\HARRIS\15784.01\11/26/96 - 46 - 1 6G j Revenue Fund, which in the Bond Redemption Fund and which in the Prepayment Account. Except for moneys deposited following the payment in full of Special Assessments on any portion of the District Lands within thirty (30) days after the completion of the Project or from moneys deposited following the payment in full or in part of Special Assessments on any portion of the District Lands as a result of any prepayment of Special Assesssments at any time subsequent to thirty (30) days after the completion of the Project in accordance with the provisions of Section 9.08 which moneys shall be deposited in accordance with THIRD, below, moneys in the Bond Redemption Fund (including all earnings on investments held in the Bond Redemption Fund) shall be accumulated therein to be used in the following order of priority, to the extent that the need therefor arises: FIRST, to be paid into the Principal Account, Interest Account or the Sinking Fund Account, as the case may be, in the same manner as provided by Section 6.03 hereof, to the extent that a deficiency exists therein; provided, however, that moneys in the Bond Redemption Fund consisting of excess Bond proceeds transferred from the Construction Fund to the Bond Redemption Fund and any investment earnings thereon shall not be applied for this purpose; SECOND, to make such deposits into the Rebate Fund as the Issuer may direct in accordance with the arbitrage rebate agreement, if any, such moneys thereupon to be used solely for the purposes specified in any such arbitrage rebate agreement. Any moneys so transferred from the Bond Redemption Fund to the Rebate Fund shall thereupon be free from the lien and pledge of the Indenture; THIRD, to make deposits into the Prepayment Account to call for redemption pursuant to clause (b) of Section 8.01 hereof with respect to the Bonds an amount of such Bonds equal to the amount of money transferred to the Prepayment Account, for the purpose of such mandatory redemption on the dates and at the prices provided in such clause; and FOURTH, the remainder, if any, to be utilized by the Trustee, at the direction of a Responsible Officer, to call for redemption on each Interest Payment Date on which Bonds are subject to optional redemption pursuant to Section 8.01(a) hereof with respect to the Bonds such amount of Bonds as, with the redemption premium, may be practicable; provided, however, that not less than Five Thousand Dollars ($5,000) principal amount of Bonds shall be called for redemption at one time. SECTION 8.04. Payment of Redemption Price. If any required (a) uncondit.ional notice of redemption has been duly mailed or - 47 - GTH\HARRIS\15784.01\11/26/96 1 6G 3 waived by the Owners of all Bonds called for redemption or (b) conditional notice of redemption has been so mailed or waived and the redemption moneys have been duly deposited with the Trustee or Paying Agent, then in either case, the Bonds called for redemption shall be payable on the redemption date at the applicable Redemption Price plus accrued interest, if any, to the redemption date. Bonds so called for redemption, for which moneys have been duly deposited with the Trustee, will cease to bear interest on the specified redemption date, shall no longer be secured by the Indenture and shall not be deemed to be Outstanding under the provisions of the Indenture. Payment of the Redemption Price, together with accrued interest, shall be made by the Trustee or Paying Agent to or upon the order of the Owners of the Bonds called for redemption upon surrender of such Bonds. The Redemption Price of the Bonds to be redeemed, the expenses of giving notice and any other expenses of redemption, shall be paid out of the Fund from which redemption is to be made or by the Issuer. [END OF ARTICLE VIII) - 48 - GTH\HARRIS\15784.01\11/26/96 _.~ ---- --- - ARTICLE IX 1 6G 3 COVENANTS OF THE ISSUER SECTION 9.01. Power to Issue Bonds and Create Lien. The Issuer is duly authorized under the Act and all applicable laws of the State to issue the Bonds, to adopt and execute the Indenture and to pledge the Pledged Revenues for the benefit of the Bonds. The Pledged Revenues are not and shall not be subject to any other lien senior to or on a parity with the lien created in favor of th~ Bonds. The Bonds and the provisions of the Indenture are and will be valid and legally enforceable obligations of the Issuer in accordance with their respective terms. The Issuer shall, at all times, to the extent permitted by law, defend, preserve and protect the pledge created by the Indenture and a) 1 the rights of the Bondholders under the Indenture against all claims and demands of all other Persons whomsoever. SECTION 9.02. Payment of Erincipal and Interest on Bonds. The payment of the principal or Redemption Price of and interest on all of the Bonds issued hereunder shall be secured forthwith equally and ratably by a first lien on and pledge of the Pledged Revenues; and Pledged Revenues in an amount sufficient to pay the principal or Redemption Price of and interest on the Bonds authorized by the Indenture are hereby irrevocably pledged to the payment of the principal or Redemption Price of and interest on the Bonds authorized under the Indenture, as the same become due and payable. The Issuer shall promptly pay the interest on and the principal or Redemption Price of every Bond issued hereunder according to the terms thereof, but shall be required to make such payment only out of the Pledged Revenues. The Issuer shall appoint one or more Paying Agents for such purpose, each such agent to be a bank and trust company or a trust company or a national banking association having trust powers. THE BONDS AUTHORIZED UNDER THE INDENTURE AND THE OBLIGATION EVIDENCED THEREBY SHALL NOT CONSTITUTE A LIEN UPON ANY PROPERTY OF THE ISSUER I INCLUDING, WITHOUT LIMITATION, THE PROJECT OR ANY PORTION THEREOF IN RESPECT OF WHICH ANY SUCH BONDS ARE BEING ISSUED, OR ANY PART THEREOF, BUT SHALL CONSTITUTE A LIEN ONLY ON THE PLEDGED REVENUES AS SET FORTH IN THE INDENTURE. NOTHING IN THE BONDS AUTHORIZED UNDER THE INDENTURE OR IN THE INDENTURE SHALL BE CONSTRUED AS OBLIGATING THE ISSUER TO PAY THE BONDS OR THE REDEMPTION PRICE THEREOF OR THE INTEREST THEREON EXCEPT FROM THE PLEDGED REVENTJES, OR AS PLEDGING THE FAITH AND CREDIT OF THE ISSUER, THE COUNTY OR THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, OR AS OBLIGATING THE ISSUER, THE COUNTY OR THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS, DIRECTLY OR INDIRECTLY OR CO~TINGE~TLY, TO LEVY OR TO PLEDGE ANY FORM OF T~_XATION OR ~~ITIOKAL NON ADVA~O~EM SPECI~ ASSESSMENTS ~~TEVER THEREFOR. - 49 - GTH\HARRIS\15784.01\11/26/96 . .'. '. '. ~ ~ 1'.... . ~~... -. ~ 1 6G 3 SECTION 9.03. S~ecial Assessments: Re-Assessment!:i. (a) The Issuer shall levy Special Assessments, and evidence and certify the same to the Tax Collector or shall take all necessary action legally available to certify the non-ad valorem Special Assessments roll to the Tax Collector for collection by the Tax Collector and enforcement by the Tax Collector or the Issuer pursuant to the Act. Chapter 170 or Chapter 197, Florida Statutes, or any successor statutes, as applicable, and Section 9.04 hereof, to the extent and in at least an amount sufficient to pay Debt Service Requirements on all Outstanding Bonds. (b) If any Special Assessment shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Issuer shall be satisfied that any such Special Assess- ment is so irregular or defective that the same cannot be enforced or collected, or if the Issuer shall have omitted to make such Special Assessment when it might have done so, the Issuer shall either (i) take all necessary steps to cause a new Special Assess- ment to be made for the whole or any part of said improvement or against any property benefitted by said improvement, or (ii) in its sole discretion. make up the amount of such Special Assessment from legally available moneys, which moneys shall be deposited into the Revenue Fund. In case such second Special Assessment shall be annulled, the Issuer shall obtain and make other Special Assess- ments until a valid Special Assessment shall be made. SECTION 9.04. Method of Collection. Special Assessments shall be collected by or for the Issuer in accordance with the provisions of the Act and Chapter 170 or Chapter 197, Florida Statutes, or any successor statutes thereto, as applicable, in accordance with the terms of this Section. The Issuer shall use its best efforts to adopt the uniform method for the levy, collection and enforcement of Special Assessments afforded by Sections 197.3631, 197.3632 and 197.3635, Florida Statutes, or any successor statutes thereto, as soon as practicable, or a comparable alternative method afforded by the Act or Section 197.3631, Florida Statutes. The Issuer shall use its best efforts to enter into one or more written agreements with the Property Appraiser and the Tax Collector, either individually or jointly (together, the "Property Appraiser and Tax Collector Agreement") in order to effectuate the provisions of this Section. The Issuer shall use its best efforts to ensure that any such Property Appraiser and Tax Collector Agreement remains in effect for at least as long as the final maturity of Bonds Outstanding under the Indenture. To the extent that the Issuer is not able to effect the collection of Special Assessments pursuant to the "uniform tax collection" method under Chapter 197, Florida Statutes, the Issuer may elect to collect and enforce Special Assessments pursuant to any available method under the Act, Chapter 170, Florida Statutes, or Chapter 197, Florida Statutes, or any successor statutes the::.-eto. The election to collect and enforce SF~cial As~essrr~~ts in any year p~rsua~: to a~y - so - GTH\HARRIS\15784.01\11/26/96 1 6G 3 one method shall not, to the extent permitted by law, preclude the Issuer from electing to collect and enforce Special Assessments pursuant to any other method permitted by law in any subsequent year. SECTION 9.05. ~inquent Special Assessments. Subject to the provisions of Section 9.04 hereof, if the owner of any lot or par- cel of land assessed for the Project shall be delinquent in the pa}~ent of any Special Assessment, then such Special Assessment shall be enforced pursuant to the provisions of Chapter 197, Florida Statutes, or any successor statute thereto, including but not limited to the sale of tax certificates and tax deed as regards such delinquent Special Assessment. In the event the provisions of Chapter 197, Florida Statutes, and any provisions of the Act with respect to such sale are inapplicable by operation of law or by election of the District, then upon the delinquency of any Special Assessment the Issuer shall, to the extent permitted by law, utilize any other method of enforcement as provided by Section 9.04 hereof, including, without limitation, declaring the entire unpaid balance of such Special Assessment to be in default and, at its own expense, cause such delinquent property to be foreclosed, pursuant to the provisions of Section 170.10, Florida Statutes, in the same method now or hereafter provided by law for the foreclosure of mortgages on real estate, or pursuant to the provisions of Chapter 173, Florida Statutes, and Sections 190.026 and 170.10, Florida Statutes, or otherwise as provided by law. SECTION 9.06. Sale of Tax Certificates and Issuance of Tax Deeds: Foreclosure of Special Assessment Liens. If the Special Assessments levied and collected under the Act or the uniform method described in Section 9.04 are delinquent, then the applicable procedures for issuance and sale of tax certificates and tax deeds for nonpayment shall be followed in accordance with Chapter 197, Florida Statutes and related statutes. Alternatively, if the uniform method of collection is not utilized, and if any property shall be offered for sale for the nonpayment of any Special Assessment, and no person or persons shall purchase the same for an amount at least equal to the full amount due on the Special Assessment (principal, interest, penalties and costs, plus attorneys fees, if any), the property may then be purchased by the Issuer for an amount equal to the balance due on the Special Assessment (principal, interest, penalties and costs, plus attorneys fees, if any), and the Issuer shall thereupon receive in its corporate name the title to the property for the benefit of the Registered Owners. The Issuer, either through its own actions or actions caused to be done through the Trustee, shall have the power and shall use its best efforts to lease or sell such property and deposit all of the net proceeds of any such lease or sale into the Revenue Fund. Not less than ten (10) days prior to the filing of any foreclosure action or any sale of tax deed as herein provided, the Issuer shall cause written notice thereof to be mailed to the - 51 - GTH\HARRIS\15784.01\11/25/96 1 6G 3 Registered Owners. Not less than thirty (30) days prior to the proposed sale of any lot or tract of land acquired by foreclosure by the Issuer, it shall give written notice thereof to such Registered Owners. The Issuer, either through its own actions or actions caused to be done through the Trustee, agrees that it shall be required to take the measure provided by law for sale of property acquired by it as trustee for the Registered Owners within thirty (30) days after the receipt of the request therefor signed by the Registered Owners of twenty-five percent (25%) of the aggregate principal amount of all Outstanding Bonds payable from Special Assessments assessed on such property. SECTION 9.07. Books and Records with Respect to Special Assessments. In addition to the books and records required to be kept by the Issuer pursuant to the provisions of Section 9.17 hereof, the Issuer shall keep books and records for the collection of the Special Assessments on the District Lands, which such books, records and accounts shall be kept separate and apart from all other books, records and accounts of the Issuer. The District Manager or the District Manager's designee, at the end of each Fiscal ,Year, shall, upon written request of the Owners of at least 25% of the Bonds then Outstanding, or the Trustee, use its best efforts to prepare a written report setting forth the collections received, the number and amount of delinquencies, the proceedings taken to enforce collections and cure delinquencies and an estimate of time for the conclusion of such legal proceedings. A signed copy of such audit shall be furnished to the Trustee (solely as a repository of such information) as soon as practicable after such audit shall become available and shall, upon written request, be mailed to any Registered Owner. SECTION 9.08. Removal of Sppcial Assessment Liens. (a) At any time from the date of levy of Special Assessments on a parcel of District Lands through the date that is thirty (30) days after the Project has been completed and the Board of Supervisors of the Issuer has adopted a resolution accepting such Project as provided by Section 170.09, Florida Statutes, as amended, any owner of property subject to the Special Assessments may, at its option, require the Issuer to release and extinguish the lien upon its property by virtue of the levy of the Special Assessments that relate to the Bonds by paying to the Issuer the entire amount of such Special Assessment on such property, without interest. (b) At any time subsequent to thirty (30) days after the Project has been completed and the Board of Supervisors of the Issuer has adopted a resolution accepting such Project as provided by Section 170.09, Florida Statutes, as amended, any owner of p~operty subject to the Specia~ Asscss~en~s may, at its cption, require ~::e Issuer to releaE'~ a;-.::i ext:':-.S'~ish the lien UpOI~ a - 52 - GTH\HARRIS\15784.01\11/26/96 , .....__.~"l" ~ TT' Il f __ ._ ___ liI .___I_--'-'''--r-' -..y_...... - .- ---'~--r --.-.- "f ~"".,..,.. 1 6G 3 subdivided parcel of property by virtue of the levy of the Special Assessments by paying to the Issuer the entire amount of the Special Assessment, plus accrued interest (based on the true interest cost on the Bonds) to the next succeeding Interest Payment Date (or the second succeeding Interest Payment Date if such prepayment is made within forty (40) calendar days before an Interest Payment Date), attributable to said subdivided parcel of property subject to Special Assessment owned by such owner. Such property owner may, under the same terms and time restrictions of this Section (b), pay a portion of the Special Assessment plus accrued interest to the next Interest Payment Date; however, such option is exercisable only once per subdivided parcel. (c) Upon receipt of a prepayment as described in (a) or (bi above, the Issuer shall immediately pay the amount so received to the Trustee and notify the Trustee of the source of said moneys, and the Issuer shall take such action as is necessary to record in the official records of the County an affidavit or affidavits, as the case may be, executed by an authorized officer of the Issuer, to the effect that the Special Assessment, or a portion thereof, has been paid and that such Special Assessment lien, or portion thereof., is thereby released and extinguished. Upon receipt of any such moneys from the Issuer the Trustee shall immediately deposit the same into the Prepayment Account of the Bond Redemption Fund to be applied to the redemption of Bonds in accordance with the provisions of Article VIII hereof. SECTION 9.09. Completion of Project. The Issuer shall forth- with proceed to complete the Project with all due diligence and in accordance with plans and specifications which shall have been approved by the Consulting Engineer and shall be in conformity with law and all requirements of all Regulatory Bodies having juris- diction thereover. The Issuer shall, before entering into any contract or incur- ring any obligation which will become a charge against the Con- struction Fund, secure the approval of the Consulting Engineer of such contract or the incurring of such obligation and of the plans and specifications referred to in any such contract and shall require each person, firm or corporation with whom it may contract for labor or materials in connection with the construction of the Project before such person, firm or corporation commences said work (i) to execute a payment and performance bond with a surety autho- rized to do business in the State in the full amount of any con- tract exceedi~g One Hundred Thousand Dollars ($100,000), which pay- ment and performance bond shall be in substantially the form set forth in Section 255.05, florida Statutes, and shall otherwise be in accordance with such Section; and (ii) to obtain and carry worker's compensation or employers' liability insurance as may be required by law and public liability and property damage insurance, including provisions to indemnify and save che Issuer harmless, and - 53 - GTH\~RIS\15784.01\11/26/96 1 6G 3 builders' risk insurance. In the event of any default under any such contract, the proceeds of such payment and performance bond shall forthwith, upon receipt of such proceeds, be deposited to the creait of the Construction Fund and shall be applied toward the completion of the contract in connection with which such payment and performance bond shall have been furnished. SECTION 9.10. ~truction to be on Issuer Lands. The Issuer covenants that no part of the Project will be constructed on, over or under lands other than (i) lands good and marketable title to which is owned or can be acquired by the Issuer or other appropri- ate entity in fee simple, (ii) lands on, over or under which the Issuer or other appropriate entity shall have acquired or can acquire perpetual easements for the purposes of the Project, or (iii) lands, including public streets and highways, the right to the use and occupancy of which for such purposes shall be vested in the Issuer or other appropriate entity by law or by valid fran- chises, licenses, easements or rights of way or other legally effective permissions or approval. SECTION 9.11. Operation. Use and Maintenance of Project. The Issuer shall establish and enforce reasonable rules and regulations governing the use of the proj ect owned by the Issuer, and the operation thereof, such rules and regulations to be adopted in accordance with the Act, and the Issuer shall operate, use and maintain the Project owned by the Issuer in accordance with the Act and all other applicable federal and State laws, rules and regula- tions; the Issuer shall maintain and operate the Project owned by the Issuer in an efficient and economical manner, shall at all times maintain the same in good repair and in sound operating con- dition and shall make all necessary repairs, renewals and replace- ments. The Issuer shall use its best efforts to ensure that any portion of the Project not owned by the Issuer is maintained in good repair and in sound operating condition, and that all necessary repairs, renewals and replacements are made thereto. SECTION 9.12. Observance of and Compliance with Valid ReQuirements. Th~ Issuer shall pay all municipal or governmental charges lawfully levied or assessed upon the Project or any part thereof or upon any revenues when the same shall become due, and the Issuer shall duly observe and comply with all valid require- ments of any municipal or governmental authority relative to the Project. The Issuer shall not, except as otherwise permitted in Section 9.24 of this Article, create or suffer to be created any lien or charge upon the Project or upon Pledged Revenues, except the lien and charge of the Bonds on the Pledged Revenues. SECTION 9.13. Pavment of Operating or Maintenance Costs by State or Othe:cs.. The Issuer may permit the United States of Americ~, the State, or any of their agencies, depa~tments or poli- tical s~~divisions :0 pay all or any part of ~he cost of maintain- . GTH\HARRlS\15784.01\ll/26/96 - 54 - 16G 3 ing, repairing and operating the Project out of funds other than Pledged Revenues. SECTION 9.14. Public Liability and Property Damage Insurance: Maint~nance of Insurance: Use of Insurance and Condemnation ~. (a) Except as otherwise provided in subsection (d) of this Section, the Issuer will carry or cause to be carried, in respect of the portions of Project owned or operated by the Issuer, comprehensive general liability insurance (covering bodily injury and property damage) issued by one or more insurance companies authorized and qualified to do business under the laws of the State, in an amount sufficient to insure the Issuer against claims for which, pursuant to Florida law, soverign immunity has been waived. (b) At all times, the Issuer shall maintain a prac- tical insurance program, with reasonable terms, conditions, pro- visions and costs which the District Manager determines will afford adequate protection against loss caused by damage to or destruction of the portions of the Project owned or operated by the Issuer. Limits for such coverage will be subject to the Consulting Engineer's recommendations which are to be provided in an annual report, as required by Section 9.21 hereof, establishing value. The Issuer shall also, at all times, maintain a practical comprehensive general liability insurance program with respect to the portions of the Project owned or operated by the Issuer with such reasonable terms, conditions, provisions and costs as the District Manager determines will afford adequate protection against bodily injury and property damage. All insurance policies of the Issuer relating to the Project shall be carried with companies authorized to do business in the State, with a Best rating of no less than "A" as to management and Class "V" as to financial strength; provided, however, that if, in the opinion of the District Manager, adequate insurance protection under reasonable terms, conditions, provisions and cost cannot be purchased from an insurance company with the above-designated ratings, then the District Manager, on behalf of the Issuer, may secure such insurance protection as the Issuer determines to be in its best interests and otherwise consistent with the Indenture; provided further, however, that the Issuer may act as a self- insurer in accordance with the requirements of subsection (d) hereof. All policies providing the insurance coverages required by this Section shall designate the Issuer and the Trustee as the loss-payees and shall be made payable to the Issuer and the Trustee. (c) All proceeds received from property damage or destruction insurance required hereunder and all proceeds received - 55 - GTH\~RIS\157B4.01\11/26/96 1 6G 3 by the Issuer from the condemnation of the Project or any part thereof are hereby pledged by the Issuer as security for the Bonds and shall be deposited at the option of the Issuer, but subject to the limitations hereinafter described, either (i) into a separate fund to be established by the Trustee for such purpose, and used to remedy the loss, damage or taking for which such proceeds are received, either by repairing the damaged property or replacing the destroyed or taken property, as soon as practicable after the receipt of such proceeds, or (ii) into the Bond Redemption Fund for the purpose of purchasing or redeeming Bonds according to the pro- visions set forth in Article VIII hereof. The Issuer shall not be entitled to deposit insurance proceeds or condemnation awards into the separate fund described above in clause (i) of this paragraph (and such proceeds and awards shall be deposited directly into the Bond Redemption Fund pursuant to clause (ii) of this paragraph) unless there shall have been filed with the Issuer within a reason- able time after the damage, destruction or condemnation (A) a cer- tificate from the Consulting Engineer that the proceeds of the insurance or condemnation awards deposited into such separate fund, together with other funds available for such purposes, will be suf- ficient to repair, rebuild, replace or restore such property to substantially the same condition as it was in prior to its damage, destruction or condemnation (taking into consideration any changes, alterations and modifications that the Issuer may desire), (B) an opinion from the Consulting Engineer that the Project can be repaired, rebuilt, replaced or restored within two (2) years fol- lowing the damage, destruction or condemnation thereof and (C) an opinion of the Consulting Engineer that, in each of the three (3) Fiscal Years following completion of such repair, rebuilding, replacement or restoration, the Issuer will be in compliance with its obligations hereunder. If the certificate described in clause (A) of this paragraph is not rendered because such proceeds or awards are insufficient for such purposes, the Issuer may deposit any other legally available funds in such separate fund in an amount required to enable the Consulting Engineer to render its certificate. If the insurance proceeds or condemnation awards deposited in such separate fund are more than sufficient to repair the damaged property or to replace the destroyed or taken property, the balance thereof remaining shall be deposited to the credit of the Prepayment Account in the Bond Redemption Fund. (d) The Issuer shall be entitled to provide all or a portion of the insurance coverage required by subsections (a) and (b) of this Section through Qualified Self Insurance, provided that the requirements hereinafter set forth in this subsection (d) are satisfied. "Qualified Self Insurance" means insurance maintained through a program of self insurance or insurance maintained with a company or association in which the Issuer has a material interest or of which the Issuer has control, either singly or with others. - 56 - GTH\HARRIS\15784.Dl\11/26/96 ................~ - _..~____L ~- I' .. v _--...--... ........_-~ 1 6G 3 Prior to participation in any plan of Qualified Self Insurance not currently in effect, the Issuer shall deliver to the Trustee (i) a copy of the proposed plan, and (ii) from the District Man- ager, an evaluation of the proposed plan together with an opinion to the effect that (A) the proposed Qualified Self Insurance plan will provide the coverage required by subsections (a) and (b) of this Section, and (B) the proposed Qualified Self Insurance plan provides for the creation of actuarially sound reserves. Each plan of Qualified Self Insurance shall be in written form, shall provide that upon the termination of such plan reserves will be established or insurance acquired in amounts adequate to cover any potential retained liability in respect of the period of self insurance, and shall be reviewed annually by the District Manager or registered actuary who shall deliver to the Issuer a report on the adequacy of the reserves established thereunder in light of claims made. If the District Manager or registered actuary determines that such reserves are inadequate in light of the claims made, he shall make recommendations as to the amount of reserves that should be established and maintained, and the Issuer shall comply with such recommendations unless it can establish to the satisfaction of the Trustee that such recommendations are unreasonable in light of the nature of the claims or the history of recovery against the Issuer for similar claims. A copy of each Qualified Self Insurance plan and of each annual report thereon shall be delivered to the Trustee. (e) Copies of all recommendations and approvals made by the Consulting Engineer under the provisions of this Section shal~ be filed with the District Manager and the Trustee. Within the first six (6) months of each Fiscal Year the District Manager shall file with the Trustee a complete report of the status of the insurance coverages relating to the Project, such report to include, without being limited thereto, a schedule of all insurance policies required by the Indenture which are then in effect, stating with respect to each policy the name of the insurer, the amount, number and expiration date, and the hazards and the risks covered thereby. Any such report of the District Manager may be relied upon by the Trustee as conclusive. SECTION 9.15. Collection of Insurance Proceeds. Copies of all ir",urance policies referred to in Section 9 .14 of this Article shall be available at the offices of the Issuer at all reasonable times to the inspection of the Holders of $500,000 or more in aggregate principal amount of Bonds and their agents and representatives duly authorized in writing. The Issuer covenants that it will take such action as may be necessary to demand, collect and sue for any insurance money which may become due and payable under any policy of insurance required under the Indenture, whether such policy is payable to the Issuer or to the Trustee. - 57 - GTH\HARRIS\157B4.01\11/26/96 -~"_P"""""''''''-''''~.~ T-" - -- - --n -- r ------ - -... I. .' . . '., ...... ~~ :: ' The Trustee is hereby authorized in its own name to demand, collect, sue and receive any insurance money which may become due and payable under any policies payable to it. Any appraisal or adjustment of any loss or damage under any policy of insurance required under the Indenture, whether such policy is payable to the Issuer or to the Trustee, and any settlement or payment of indemnity under any such policy which may b~ agreed upon by the Issuer and any insurer shall be evidenced by a certificate, signed by the District Manager approved by the Consulting Engineer, and filed with the Trustee. The Trustee shall in no way be liable or responsible for the collection of insurance moneys in case of any loss or damage. SECTION 9.16. Use of Revenues for Authorized Purposes Only. None of the Pledged Revenues shall be used for any purpose other than as provided in this Indenture and no contract or contracts shall be entered into or any action taken by the Trustee which will be inconsistent with the provisions of this Indenture. SECTION 9.17. Books. Records and Annual Reports. The Issuer shall keep proper books of record and account in accordance with Generally Accepted Accounting Principles in which complete and correct entries shall be made of its transactions relating to the Project, and which, together with all other books and records of the Issuer, including, without limitation, insurance policies, relating to the Project, shall at all times be subject during regular business hours to the inspection of the Trustee. The Issuer shall annually, in accordance with Florida law, file with the Trustee, any rating agency that shall have then in effect a rating on any of the Bonds, any Bondholder that shall have, in writing, requested a copy thereof, and otherwise as provided by law, a copy of an annual report for such year, prepared in accordance with Generally Accepted Accounting Principles by a Certified Public Accountant. The Issuer shall file with the Trustee annually within 180 days after the close of each Fiscal Year a certificate of a Responsible Officer setting forth (i) a description in reasonable detail of the insurance then in effect pursuant to the requirements of Section 9.14 hereof and that the Issuer has complied in all respects with such requirements, (ii) whether during such year any material part of the Project has been damaged or destroyed and, if so, the amount of insurance proceeds covering such loss or damage and specifying the Issuer's reasonable and necessary replacement costs, and (iii) whether or not to the knowledge of the signed, the Issuer is in default with respect to any of the covenants, agreements or conditions on its part contained in this Indenture, and if so, the nature of such default. - 58 - GTH\HARRIS\15784.01\II/26/96 1 6G 3 The report, statements and other documents required to be furnished by the Issuer to the Trustee pursuant to any provisions of the Indenture shall be available for the inspection of Bondholders at the office of the Trustee. SECTION 9.18. Observance of Accounting Standards. The Issuer covenants that all the accounts and records of the Issuer relating to the proj ect ""ill be kept according to Generally Accepted Accounting Principles consistently applied and consistent with the provisions of the Indenture. SECTION 9.19. Employment of Certified Public Accountant. The Issuer shall employ or cause to be employed as required a Certified Public Accountant to perform accounting and auditing functions and duties required by the Act and the Indenture. SECTION 9.20. Establishment of Fiscal Year. Annual Budget. The Issuer has established a Fiscal Year beginning October 1 of each year and ending September 30 of the following year. The reports and budget of the Issuer shall relate to such Fiscal Year. On or before the first day of each Fiscal Year the Issuer shall adopt a final Annual Budget with respect to the Project for such Fiscal Year for the payment of anticipated operating and maintenance expenses and shall supply a copy of such budget promptly upon the approval thereof to the Trustee and to any Bondholders who shall have so requested in writing and shall have filed their names and addresses with the Secretary of the Board for such purpose. If for any reason the Issuer shall not have adopted the Annual Budget with respect to the Project on or before the first day of any Fiscal Year, the Annual Budget for the preceding Fiscal Year shall, until the adoption of the new Annual Budget, be deemed in force for the ensuing Fiscal Year. The Issuer may at any time adopt an amended or supplemental Annual Budget for the remainder of the current Fiscal Year, and when such amended or supplemental Annual Budget is approved it shall be treated as the official Annual Budget under the Indenture. Copies of such amended or supplemental Annual Budget shall be filed with the Trustee and mailed to any Bondholders who shall have so requested in writing and shall have filed their names and addresses with the Secretary of the Board for such purpose. SECTION 9.21. Employment of Consulting Engineer: Consulting Engineer's Report. (a) The Issuer shall, for the purpose of performing and carrying out the duties imposed on the Consulting Engineer by the Indenture, employ one or more Independent engineers or engineering firms or corporations having a favorable repute for skill and experience in such work. - 59 - GTH\HARRIS\15784.01\11/26/96 -... ..... .J'.....~_.c...- --....-- - ~ --~ ...-t- -.u-'- 1&.. -OL-l ----~____ 1 6G 3 (b) The Issuer shall cause the Consulting Engineer to make an inspection of the portions of the Project owned or operated by the Issuer at least once in each Fiscal Year and, on or before the first day of July in each Fiscal Year, to submit to the Board a report setting forth (i) its findings as to whether such portions of the Project o'~ed by the Issuer have been maintained in good repJir, working order and condition, and (ii) its recommendations as to the proper maintenance, repair and operation of the Project owned or operated by the Issuer during the ensuing Fiscal Year and an estimate of the amount of money necessary for such purposes. (c) The Issuer shall cause the District Manager or Independent Consultant to determine all matters regarding the insurance to be carried and to make recommendations with respect to the a~ount that should be set aside monthly for the purpose of paying premiums on that insurance for which premiums are not paid monthly. Promptly after the receipt of such reports by the Issuer, copies thereof shall be filed with the Trustee and mailed by the Issuer to all Bondholders who shall have filed their names and addresses with the Secretary of the Board for such purpose. SECTION 9.22. Audit Reports. The Issuer covenants that, no later than 180 days after the end of each Fiscal Year or as required by law, whichever is sooner, it will cause an audit to be made by a Certified Public Accountant covering all receipts and moneys then on deposit with or in the name of the Trustee or the Issuer and any security held therefor and any investments thereof. Copies of such audit reports shall be filed with the Trustee, the District Manager and the Secretary of the Board, and mailed by said Secretary to the Consulting Engineer and to all Bondholders who shall have filed their names and addresses with him for such purpose. If the material required to be in such audit also appears in the annual report of the Issuer provided for in Section 9.17 hereof in a manner that can be readily identified, then the filing of a copy of such annual audit shall satisfy the requirement of this SE"c:tion. SECTION 9.23. Information to Be Filed with Trustee. The Issuer ~hall cause to be kept on file with the District Manager, and available to the Trustee, at all times copies of the schedules cf Spe~ial Assessments levied on all District Lands in respect of the Project. SECTION 9.24. Covenant Against Sale or Encumbrance: Except ions. The Issuer covenants that, (a) except for those improvements comprising the Project that are to be conveyed by the Issuer to the County or another governmental entity and (b) except as in this Section permitted, it will not sell, lease or othel~ise dispose of or encu:<.bel- t:r.~ ?~~~ .-:c:, or any part ~herec:. The - 60 - GTH\HARRIS\15784.01\11/26/96 ..------_.~..- 1 6G 3 Issuer may, however, from time to time, sell any machinery, fix- tures, apparatus, tools, instruments or other movable property aC~Jired by it from the proceeds of Bonds or from Pledged Revenues if the District Manager shall determine, with the approval of the Consulting Engineer, that such items are no longer needed or are no longer useful in connection with the construction, maintenance and operation of the Project, and the proceeds thereof shall be applied to the replacement of the properties so sold or disposed of or, at the written direction of the Issuer shall be deposited to the credit of the Revenue Fund. Upon any sale of property relating to the Proj ect, the aggregate of which in any thirty (30) day period exceeds Fifty Thousand Dollars ($50,000) under the provisions of this Section, the Issuer shall provide written notice to the Trustee of the property so sold and the amount and disposition of the proceeds thereof. The Issuer may lease or grant easements, franchises or concessions for the use of any part of the Project not incompatible with the maintenance and operation thereof, if the Consulting Engineer shall approve such lease, easement, franchise or concession in writing and the Consulting Engineer or the Issuer shall certify that it shall not negatively affect the ability of the Issuer to fully pay Debt Service Requirements, and the net proceeds of any such lease, easement, franchise or concession (after the making of provision for payment from said proceeds of all costs incurred in financing, constructing, operating, maintaining or repairing such leases, easements, franchises or concessions) shall be deposited as received to the credit of the Revenue Fund. SECTION 9.25. f.ipelity Bonds. Every officer, agent or employee of the Issuer having custody or control of any of the pledged Revenues shall be bonded by a responsible corporate surety in an amount not less than the greatest amount reasonably anticipated to be within the custody or control of such officer, agent or employee at one time. The premiums on such surety bonds shall be paid by the Issuer as an expense of operation and maintenance of the Project. SECTION 9.26. No Loss of Lien on Pledgeo. Revenues ~ The Issuer shall not do or omit to do, or suffer to be done or omit to be done, any matter or thing whatsoever whereby the lien of the Bonds on the Pledged Revenues or any part thereof, or the priority thereof, would be lost or impaired; provided, however, that this Section shall not prohibit the Trustee from transferring moneys to the Rebate Fund held by the Trustee under any arbitrage rebate agreement. - 61 - GTH\HARRIS\15784.01\11/26/96 .- ___._ _~""7_ _"_~_ _, _~ ~- ---> ___..t. _ _ w__..'""_... ... - _--,-11\1II 1 6G 3 SECTION 9.27. Compliance With Other Contracts and Agreements. The Issuer shall comply with and abide by all of the terms and conditions of any and all contracts and agreements which the Issuer enters into in connection with the Project and the issuance of the Bonds. SECTION 9.28. lssuance of Additional ObligatiQna. The Issuer shall not issue any obligations other than the Bonds payable from Pledged Revenues, nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge, payable from Pledged Revenues. SECTION 9.29. Extension of Time for Payment of Interest Prohibited. The Issuer shall not directly or indirectly extend or assent to an extension of time for payment of any claim for interest on any of the Bonds and shall not directly or indirectly be a party to or approve any arrangement therefor by purchasing or funding or in any manner keeping alive any such claim for interest; no claim for interest which in any way, at or after maturity, shall have been transferred or pledged apart from the Bonds to which it relates or which shall in any manner have been kept alive after maturity by extension or by purchase thereof by or on behalf of the Issuer, shall be entitled, in case of a default hereunder, to any benefit or security under the Indenture except after the prior payment in full of the principal of a: 1 Bonds and claims for interest appertaining thereto not so transferred, pledged, kept alive or extended. SECTION 9.30. Further Assurances. The Issuer shall not enter into any contract or take any action by which the rights of the Trustee or the Bondholders may be impaired and shall, from time to time, execute and deliver such further instruments and take such further action as may be required to carry out the purposes of the Indenture. SECTION 9.31. Investments to Comply with Internal Revenue ~. The Issuer covenants to the Holders of the Bonds that it will not make or direct the making of any investment or other use of the proceeds of any Bonds issued hereunder which would cause such Bonds to be "arbitrage bonds" as that term is defined in Section 148 (or any successor provision thereto) of the Code and all applicable regulations promulgated under the Internal Revenue Code of 1954, as amended, or the Code, and that it will comply with the requirements of such Code section and related regulations throughout the term of such Bonds. The Issuer hereby further covenants and agrees to comply with the procedures and covenants contained in any arbitrage rebate agreement executed in connection wi th the issuance of the Bonds for so long as compliance is necessary in order to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds. - 62 - GTH\HARRIS\15784.01\11/26/96 .._-~---_..--.-.""", - --WID' -------- --- 16G 3 SECTION 9.32. Corporate Existence and Maintenance of Prope~t:~.. For so long as any Bonds are Outstanding hereunder, unless othe~Hise provided by the Act, the Issuer shall maintain its corporate existence as a local unit of special purpose government under the Act and shall provide for or otherwise require the Project, and all parts thereof owned or operated by the Issuer to be (a) continuously operated, repaired, improved and maintained as shall be necessary to provide adequate service to the lands benefitted thereby; and (b) in compliance with all valid and applicable laws, acts, rules, regulations, permits, orders, re~lirements and directions of any competent public authority. SECTION 9.32. Continuing Disclosure. The Issuer shall comply with the requirements of the United States Securities and Exchange Commission Rule lSc2-12, or its successor, with respect to continuing disclosure and in accordance therewith shall provide the following information to each NRMSIR: (a) within 180 days after the end of each Fiscal Year of the Issuer and to the extent available, the audited financial statements of the Issuer for such Fiscal Year prepared in accordance with generally accepted governmental accounting priniples, as modified by applicable State of Florida requirements and governmental accounting standards promulgated by the Government Accounting Standards Board; (b) within 180 days after the end of each Fiscal Year of the Issuer, financial information and operating data with respect to the Bonds: (i) the balances in the Funds and Accounts; (ii) the assessed value of the Issuer land, if available; provided, however, that the Issuer may rely upon the records of the Property Appraiser for such information; (iii) the amount of Special Assessments levied on the specially benefited land, as certified by the Issuer to the Tax Collector or other collection agent during such Fiscal Year; {iv} the amount of Pledged Revenues collected during such Fiscal Year; (v) the amount of delinquent Special Assessments during such Fiscal Year, if available; (vi) the dollar amount of tax certificates in respect to the Special Assessments during such Fiscal Year, if available; - 63 - GTH\HARRIS\15784.01\11/26/96 1 6G 3 . (vii) a schedule of the debt service for the remaining term of the Bonds; (viii) the percentage of the Project that has been completed with the proceeds of the Bonds as of such Fiscal Year; and (ix) determination in Project. any materially adverse change or any permit or approval relating to the (c) in a timely manner, notice of any of the following events, if material: (i) any principal and interest payment delinquency on the Bonds; (ii) any nonpayment default on the Bonds; (iii) any unscheduled draws on the Debt Service Reserve Account reflecting financial difficulties; (iv) any unscheduled draws on any credit enhancement reflecting financial difficulties; (v) any substitution of credit or liquidity providers or their failure to perform; (vi) any adverse tax opinions or events affecting the tax exempt status of the Bonds; (vii) any modification to the rights of Holders; (viii) any calls on the Bonds (other than mandatory sinking fund or extraordinary redemption) ; (ix) any defeasance of the Bonds; (x) any rele~~e, substitution or sale of any item of the Trust estate; (xi) any change in the rating of the Bonds; (xii) any failure on the part of the Issuer to comply with the requirements of clause (a) or (b) above. [END OF ARTICLE IX] - 64 - GTH\HARRIS\15784.01\11/26/96 _. ---......------...-...----..-..----. 1 6G 3 ARTICLE X EVENTS OF DEFAULT AND REMEDIES SECTION 10.01. Events of Default and Rernedi~:$. Events o~ default and remedies \llith respect to the Bonds shall be as set forth in this Article X. SECTION 10.02. ~ts of Default Defined. Each of the following shall be an "Event of Default" under the Indenture: (a) if payment of any installment of interest on any Bond is not made when it becomes due and payable; or (b) if payment of the principal or Redemption Price of any Bond is not made when it becomes due and payable at maturity or upon call or presentation for redemption; or (c) if the Issuer, for any reason, is rendered incapable of fulfilling its obligations under the Indenture or under the Act; or (d) if the Issuer proposes or makes an assignment for the benefit of creditors or enters into a composition agreement with all or a material part of its creditors, or a trustee, receiver, executor, conservator, liquidator, sequestrator or other judicial representative, similar or dissimilar, is appointed for the Issuer or any of its assets or revenues, or there is commenced any proceeding in liquidation, bankruptcy, reorganization, arrangement of debts, debtor rehabilitation, creditor adjustment or insolvency, local, state or federal, by or against the Issuer and if such is not vacated, dismissed or stayed on appeal within ninety (90) days; or (e) if the Issuer defaults in the due and punctual performance of any other covenant in the Indenture or in any Bond issued pursuant to the Indenture and such default continues for sixty (60) days after written notice requiring the same to be remedied shall have been given to the Issuer by the Trustee, which may give such notice in its discretion and shall give such notice at the written request of the Holders of not less than a majority in aggregate principal amount of the Outstanding Bonds; provided, however, that if such performance requires work to be done, actions to be taken, or conditions to be remedied, which by their nature cannot reasonably be done, taken or remedied, as the case may be, within such sixty (60) day period, no Event of Default shall be deemed to have occurred or exist if, and so long as the Issuer shall commence such performance within such sixty (60) day period and shall diligently and continuously prosecute the same to campIer-ion. - 65 - GTH\HARRIS\1578A.Ol\11/26/96 1 6G 3 SECTION 10.03. No Acceleration. No Bonds issued under this Indenture shall be subject to acceleration. SECTION 10.04. ~egal Proceedings by Trnstee. If any Event of Default with respect to the Bonds has occurred and is continuing, the Trustee, in its discretion may, and upon the written request of the Holders of not less than a majority of the aggregate principal amount of the Outstanding Bonds and receipt of indemnity to its satisfaction shall, in its own name: (a) by mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Holders of the Bonds, including, without limitation, the right to require the Issuer to carry out any agreements with, or for the benefit of, the Bondholders of the Bonds and to perform its or their duties under the Act; (b) bring suit upon the Bonds; (c) by action or suit in equity require the Issuer to account as if it were the trustee of an express trust for the Holders of the Bonds; (d) by action or suit in equity enJo~n any acts or things which may be unlawful or in violation of the rights of the Holders of the Bondsi and (e) by other proceeding in law or equity, exercise all rights and remedies provided for by any other document or instrument securing the Bonds. SECTION 10.05. Dis~ontinuance of Proceedings by Trustee. If any proceeding taken by the Trustee on account of any Event of Default is discontinued or is determined adversely to the Trustee, the Issuer, the Trustee, the Paying Agent and the Bondholders shall be restored to their former positions and rights hereunder as though no such proceeding had been taken. SECTION 10.06. Bondholders May Direct Proceedings. The Holders of a majority in aggregate principal amount of the Outstanding Bonds then subject to remedial proceedings under this Article X shall have the right to direct the method and place of conduct ing all remedial proceedings by the Trustee under the Indenture, provided that such directions shall not be otherwise than in accordance with law or the provisions of the Indenture. SECTION 10.07. Limitations on Actions by Bondholders. No Bondholder shall have any right to pursue any remedy hereunder unless (a) th~ Trustee shall have been given writter: no~ice 0= an Event. of De:a....llt, 0::) t.he Ho2.ders of a: least a ma~'.:)rit:y of -:.he - 66 - GTH\HARRIS\15784.01\11/26/96 1 6G 3 aggregate principal amount of the Outstanding Bonds shall have requested the Trustee, in writing, to exercise the powers herein- above granted or to pursue such remedy in its or their name or names, (c) the Trustee shall have been offered indemnity satis- factory to it against costs, expenses and liabilities, and (d) the Trustee shall have failed to comply with such request within a reasonable time. SECTION 10.08. Trustee May Enforce Rights Without Possession of Bonds. All rights under the Indenture and the Bonds may be enforced by the Trustee without the possession of any of the Bonds or the production thereof at the trial or other proceedings rela- tive thereto, and any proceeding instituted by the Trustee shall be brought in its name for the ratable benefit of the Holders of the Bond3. SECTION 10.09. Remedies Not Exclusive. Except as limited under Section 15.01 of this Indenture, no remedy contained in the Indenture is intended to be exclusive of any other remedy or remedies, and each remedy is in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. SECTION 10.10. Delays and Omissions Not to Impair Rights. No delay or omission in respect of exercising any right or power accruing upon any Event of Default shall impair such right or power or be a waiver of such Event of Default, and every remedy given by this Article X may be exercised from time to time and as often as may be deemed expedient. SECTION 10.11. Application of Moneys in Event of Default. Any moneys received by the Trustee or the Paying Agent, as the case may be, in connection with any proceedings brought under this Article X with respect to the Bonds shall be applied: (a) to the payment of the unpaid fees and costs of the Trustee and Paying Agent incurred in connection with actions taken under this Article X with respect to the Bonds, including counsel fees and any disbursements of the Trustee and the Paying Agent. (b) unless the principal of all the Bonds shall have become or shall have been declared due and payable: FIRST: to payment of all installments of interest then due on the Bonds in the order of maturity of such installments of interest, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the persons entitled thereto, without any preference or priority of one installment of interest over any other installment; and - 67 - GTH\~RRIS\15784.01\11/26/96 1 6G 3 SECOND: to payment to the persons entitled thereto of the unpaid principal or Redemption Price of any of the Bonds which shall have become due in the order of their due dates, with interest on such Bonds from the respective dates upon which they become due and, if the amount available shall not be sufficient to pay in full the principal or Redemption Price coming due on such Bonds on any particular date, together with such interest, then to the payment ratably, according to the amount of principal due on such date, to the persons entitled thereto without any preference or priority of one such Bond over another or of any installment of interest over another. (c) If the principal of all Bonds shall have become or shall have been declared due and payable, to the payment of principal or Redemption Price (as the case may be) and interest then owing on the Bonds and in case such moneys shall be insufficient to pay the same in full, then to the payment of principal or Redemption Price and interest ratably, without preference or priority of one Bond over another or of any installment of interest over any other installment of interest. Any surplus remaining after the payments described above shall be paid to the Issuer or to the Person lawfully entitled to receive the same or as a court of competent jurisdiction may direct. SECTION 10.12. Trustee's Ri9ht to Receiver: Compliance with ~. The Trustee shall be entitled as of right to the appointment of a receiver and the Trustee, the Bondholders and any receiver so appointed shall have such rights and powers and be subject to such limitations and restrictions as are contained in the Act and other applicable law of the State. SECTION 10.13. Trustee and Bondholders Entitled to all Remedies under Act. It is the purpose of this Article to pro'ride such remedies to the Trustee and Bondholders as may be lawfully granted under the provisions of the Act and other applicable laws of the State; if any remedy herein granted shall be held unlawful, the Trustee and the Bondholders shall nevertheless be entitled to every other remedy provided by the Act and other applicable laws of the State. It is further intended that, insofar as lawfully possible, the provisions of this Article X shall apply to and be binding upon any receiver appointed in accordance with Section 10.12 hereof. [END OF ARTICLE X) - 68 - GTH\HARRIS\15784.01\11/26/96 , I , ' , . ~ ! : ' . ~~ I ~ I' I ,r' I. ,: ~ \, 1 6G 3 ARTICLE XI THE TRUSTEE; THE PAYING AGENT AND REGISTRAR SECTION 11.01. Acceptance of Trust. The Trustee accepts and agrees to execute the trusts hereby created, but only upon the additional terms set forth in this Article XI, to all of which the parties hereto and the Bondholders agree. The Trustee shall act as Trustee for the Bonds. The Trustee further agrees to comply with the procedures and covenants contained in any arbitrage rebate agreement applicable to it for so long as compliance is necessary in order to maintain the exclusiori from gross income for federal income tax purposes of interest on the Bonds, to the extent applicable. SECTION 11.02. No Responsibility for Recitals. The recitals, statements and representations in the Indenture or in the Bonds, save only the Trustee's Certificate, if any, upon the Bonds, have been made by the Issuer and not by the Trustee and the Trustee shall be under no responsibility for the correctness thereof. SECTION 11.03. Trustee May Act Through Agents: Answerable Only tor Willful Misconduct or Negligence. The Trustee may execute any powers hereunder and perform any duties required of it through attorneys, agents, officers or employees, and shall be entitled to advice of Counsel concerning all questions hereunder; the Trustee shall not be answerable for the default or misconduct of any attorney or agent selected and supervised by it with reasonable care. The Trustee shall not be answerable for the exercise of any discretion or power under the Indenture nor for anything whatever in connection with the trust hereunder, except only its own negligence or willful misconduct or breach of its obligations hereunder. SECTION 11.04. Comgensation and Indemnity. The Issuer shall pay the Trustee reasonable compensation for its services hereunder, and also all its reasonable expenses and disbursements, and shall indemnify the Trustee against and hold the Trustee harmless from any liabilities which it may incur in the proper exercise and performance of its powers and duties hereunder, except with respect to its own negligence or breach of its obligations hereunder or its willful misconduct. If the Issuer defaults in respect of the foregoing obligations, the Trustee may deduct the amount owing to it from any moneys coming into its hands and payable to the Issuer, and the Issuer hereby grants to the Trustee a lien upon such monies to secure the obligations of the Issuer to the Trustee hereunder. The provisions of this Section 11.04 regarding compensation, expenses and disbursements shall survive termination of this Indenture and shall continue to apply to the Trustee for later services it may be called upon by the Issuer to perfort:\ in - 69 - GTH\HARRIS\15784.01\11/26/96 ,. '~:~~.~-:--~:~. ',:::O::t *' '~,'~ ,~:\" ':' " ';''';: ',". ,. ., ..,::',:, :':"'-~:.. " ' ~ " , , , - I ,. , I " ," r ; to, ~ t t '. 1 .. .' , . '. " " " . , .' .. '.{ , ~ :, . " i -j, , . ~' " .~,'.{': .:'" ;"', ',- ;:', \'. . 1 6G 3 ~ . J -" r . .' ~,". connection with administration of the Bonds notwithstanding its removal or resignation. , ./ 'f ,I. ' .:',' ., . . ~: '1;'; SECTION 11.05. No Duty to Renew In~uranc~. The Trustee shall be under no duty to effect or to renew any insurance policy nor shall. it incur any liability for the failure of the Issuer to require or effect or renew insurance or to report or file claims of loss thereunder. of ,"J.' , :.:, , I. ,:"~ SECTION 11.06. ~Qtice of Default: Right to Investigate. The Trustee shall give written notice by first-class mail to registered Holders of Bonds of all defaults known to the Trustee, unless such defaults have been remedied (the term "defaults" for purposes of this Section and Section 11.07 being defined to include the events specified as "Events of Default" in Article X hereof, but not including any notice or periods of grace provided for therein); provided that, except in the case of a default in payment of prin- cipal or interest or Redemption Price, the Trustee may withhold such notice so long as it in good faith determines that such with- holding is in the interest of the Bondholders. The Trustee shall not be deemed to have notice of any default other than a payment default under the Indenture, unless notified in writing of such default by the Holders of at least a majority of the aggregate principal amount of the Outstanding Bonds. The Trustee may, how- ever, at any time require of the Issuer full information as to the p~rformance of any covenant hereunder, and if information satis- factory to it is not forthcoming, the Trustee may make or cause to be made, at the expense of the Issuer, an investigation into the affairs of the Issuer. . ' .' I , ~. '. _:;," I.: ~ , , ';,>-: ..- l~{:.~ .~,/. '. ., .~, :'" ':'~' . ~ ....;. . . . ': \ ~ . ~'. \:..~. , ," ,.. 'l' , ' ,'I;' I : " ':"_;,;J.;.,: .'X~fl '.' ~:,~.~'~.~ . ' ,."; "I~~t, .,.;)1 ~: ~ i~~: -j:'~ 7~~~ " , .1., ~; :. '''l. . ....f. f- ~ " ',f'..: :;<1: ':, -r:~~: . ';,1..,,: ,:t::, . ,.' t'r~'-' j ...!: ~~ .:.;;:.~;t '~.' ... ,,' ) ~(;, ~ .~:.~ ::.> ..:..~r~,\ :;'~ -::\;i":},:. , J . 'i~,~: . ';<:~S :,! ' , .: -,~f! SECTION 11.07. Obligation to Act on Defaul~s. The Trustee shall be under no obligation to take any action in respect of any default or otherwise, except a default with respect to the payments of principal or interest or Redemption Price as the same shall become due and payable at redemption or upon maturity, unless it is requested in writing to do so by the Holders of at least a majority of the aggregate principal amount of the Outstanding Bonds which are or would be, upon the taking of such action, subject to remedial proceedings under Article X of this Indenture if in its opinion such action may tend to involve expense or liability; provided, however, that in no event shall the Trustee be obligated to take any action hereunder unless the Trustee is also furnished with indemnity satisfactory to the Trustee. .' SECTION 11.08. Reliance by Trustee. The Trustee may act on any requisition, resolution, notice, telegram, facsimile transmission, request, consent, waiver, certificate, statement, affidavit, voucher, bond, or other paper or document or telephone message (provided such message shall be preserved in writing by the Trustee) which it in good faith be:ieves to be genuine and to have ::~en passed, sig~ed cr given ry t.he persons pu~p~~ting to be , ...,..... . :.~7~ .-," '.':;'.:::' . ;',t "'J'. ~'.i, . :-'L;: - 70 - GTH\HARRIS\15784.01\11/26/96 -f.', {'; ,~-;,;. .....1 1 bG 3 authorized (which in the case of the Issuer shall be a Responsible Officer) or to have been prepared and furnished pursuant to any of the provisions of the Indenture; the Trustee shall be under no duty to make any investigation as to any statement contained in any such instrument, but may accept the same as conclusive evidence of the accuracy of such statement. SECTION 11.09. Irustee May Deal i~ Bonda. The Trustee may in good faith buy, sell, own, hold and deal in any of the Bonds and may join in any action which any Bondholders may be entitled to take with like effect as if the Trustee were not a party to the Indenture; provided, however, that in determining whether owners of the requisite aggregate principal amount of Bonds OUtstanding have concurr.ed in any request, demand, authorizat.ion, direction, notice, consent or waiver under the provisions of the Indenture, Bonds which are held on behalf of the Trustee shall be disregarded. The Trustee may also engage in or be interested in any financial or other transaction with the Issuer; provided, however, that if the Trustee determines that any such relation is in conflict with its duties under the Indenture, it shall eliminate the conflict or resign as Trustee. SECTION 11.10. construction of ~mbi9Uous Prpvisions. The Trustee may construe any ambiguouS or inconsistent provisions of the Indenture, and except as otherwise provided in Article XIII of this Indenture, any construction by the Trustee shall be binding upon the Bondholders. The Trustee shall give prompt notice to the Issuer of any intention to make such construction. SECTION 11.11. Fesiqnation of Trustee. The Trustee may resign and be discharged of the trusts created by the Indenture by written resignation filed with the Secretary of the Issuer not less than sixty (60) days before the date when such resignation is ~o take effect; provided, however, that (i) if any Outstanding Bonds are not registered Bonds, notice of such resignation is published at least once a week for three (3) consecutive calendar weeks in at least one Authorized Newspaper, the first publication to appear not less than three (3) weeks prior to the date when the resignation is to take effect; and that (ii) if any Outstanding Bonds are regis- tered Bonds, notice of such resignation shall be sent by first- class mail to each Bondholder as its name and address appears on the Bond Register and to any Paying Agent, Registrar and Authenti- cating Agent at least sixty (60) days before the resignation is to take effect. Such resignation shall take effect on the day speci- fied in the Trustee's notice of resignation unless a successor Trustee is previously appointed, in which event the resignation shall take effect immediately on the appointment of such successor; provided, however, that notwithstanding the foregoing, such resignation shall not take effect until a successor Trustee has been appointed. If a successor Trustee has not been appointed within ninety (90) days after the Trustee has given its notice of - 71 - GTH\HARRIS\lS784.01\11/26/96 .4____~..-- ...~ 1 6G 3 resignation, the Trustee may petition any court of competent jurisdiction for the appointment of a temporary successor Trustee to serve as Trustee until a successor Trustee has been duly appointed. Notice of such resignation shall also be given to any rating agency that shall then have in effect a rating on any of the Bonds. SECTION 11.12. Removal of Trustee. The Trustee may be removed at any time by either (a) the Issuer, if no default exists under the Indenture, or (b) an instrument or concurrent instruments in writing, executed by the O.mers of at least a majority of the aggregate principal amount of the Bonds then OUtstanding and filed with the Issuer. A photographic copy of any instrument or instru- ments filed with the Issuer under the provisions of this paragraph, duly certified by a Responsible Officer, shall be delivered promptly by the Issuer to the Trustee and to any Paying Agent, Registrar and Authenticating Agent. The Trustee may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provision of the Inden- ture with respect to the duties and obligations of the Trustee by any court of competent jurisdiction upon the application of the Issuer or the Holders of not less than a majority of the aggregate principal amount of the Bonds then Outstanding. SECTION 11.13. Appointment of Successor Trustee. If the Trustee or any successor Trustee resigns or is removed or dis- solved, or if its property or business is taken under the control of any state or federal court or administrative body, a vacancy shall forthwith exist in the office of the Trl1stee, and the Issuer shall appoint a successor and (i) if any OUtstanding Bonds are not registered bonds, shall publish notice of such appointment in an Authorized Newspaper and (ii) if any Outstanding Bonds are registered Bonds, shall mail nc~ice of such appointment by first- class mail to each Bondholder as its name and address appear on the Bond Register, and to the Paying Agent, Registrar and Authenticating Agent and any rating agency that shall then have in effect a rating on any of the Bonds. If no appointment of a successor Trustee shall be made pursuant to the foregoing provisions of this Indenture prior to the date specified in the notice of resignation or removal as the date when such resignation or removal was to take effect, the Holders of a majority in aggregate principal amount of all Bonds then Outstanding may appoint a successor Trustee. SECTION 11.14. Qualification of Trustee shall be a national bank with trust company with trust powers, having surplus of at least $50,000,000. Successor. A successor trust powers or a bank or a combined net capital and - 72 - GTH\HARRIS\15784.01\11/26/96 1 6G 3 SECTION 11.15. Instruments of Succession. Any successor T~ustee shall execute, acknowledge and deliver to the Issuer an instrument accepting such appointment hereunder and thereupon, such successor Trustee, without any further act, deed, or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor in trust hereunder, with like effect as if originally named Trustee herein except as provided in Section 11.04 hereof. The Trustee ceasing to act hereunder shall pay over to the successor Trustee all moneys held by it hereunder and, upon request of the successor Trustee, the Trustee ceasing to act and the Issuer shall execute and deliver an instrument or instruments prepared by the Issuer transferring to the successor Trustee all the estates, properties, rights, powers and trusts hereunder of the predecessor Trustee. SECTION 11.16. Merger of Trustee. Any corporation into which any Trustee hereunder may be merged or with which it may be con- solidated, or any corporation resulting from any merger or con- solidation to which any Trustee hereunder shall be a party, shall be the successor Trustee under the Indenture, without the execution or filing of any paper or any further act on the part of the parties hereto, anything herein to the contrary notwithstanding; provided, however, that any such successor corporation continuing to act as Trustee hereunder shall meet the requirements of Section 11.14 hereof, and if such corporation does not meet the aforesaid requirements, a successor Trustee shall be appointed pursuant to this Article XI. SECTION 11.17. Extension of Rights and Duties of Trustee to Paying Agent and Registrar. The provisions of Sections 11.02, 11. 03, 11. 04, 11. 08, 11. 09 and 11.10 hereof are hereby made applicable to the Paying Agent and the Registrar, as appropriate, and any Person serving as Paying Agent and/or Registrar, hereby enters into and agrees to comply with the covenants and agreements of this Indenture applicable to the Paying Agent and Registrar, respectively. It is hereby expressly understood that the Issuer may appoint one or more Persons as Paying Agent or Paying Agents for one or more Series of Bonds. SECTION 11.18. Resignation of Paying Agent or Registrar. The Paying Agent or Registrar may resign and be discharged of the duties created by the Indenture by executing an instrument in writing resigning such duties and specifying the date when such resignation shall take effect, and filing the same with the Issuer, the Trustee, and any rating agency that shall then have in effect a rating on any of the Bonds, not less than forty-five (45) days before the datz specified in such instrument when such resignation shall take effect, and by giving written notice of such resignation not less than three (3) weeks prior to such resignation date to the Bondholders, mailed to their addresses as such appear in the Bond Register. Such resignation shall take effect on the date specified - 73 - GTH\HARRIS\15784.01\11/26/96 1 6G 3 in such instrument and notice, but only if a successor Paying Agent or Registrar shall have been appointed as hereinafter provided, in which event such resignation shall take effect immediately upon the appointment of such successor Paying Agent or Registrar. If the successor Paying Agent or Registrar shall not have been appointed within a period of ninety (90) days following the giving of notice, then the Paying Agent or Registrar shall be authorized to petition any court of competent jurisdiction to appoint a successor Paying Agent or Registrar as provided in Section 11.22 hereof. SECTION 11.19. Removal of Paying Agent pr Re9i~trar. The Paying Agent or Registrar may be removed at any time prior to any Event of Default by the Issuer by filing with the Paying Agent or Registrar to be removed, and with the Trustee, an instrument or instruments in writing executed by the Issuer appointing a suc- cessor, or an instrument or instruments in writing designating, and accompanied by an instrument or appointment by the Issuer of, such successor. Such removal shall be effective thirty (30) days (or such longer period as may be set forth in such instrument) after delivery of the instrument; provided, however, that no such removal shall be effective until the successor Paying Agent or Registrar appointed hereunder shall execute, acknowledge and deliver to the Issuer an instrument accepting such appointment hereunder. SECTION 11.20. Appointment of Successor Paying Agent or Registrar. In case at any time the Paying Agent or Registrar shall be removed, or be dissolved, or if its property or affairs shall be taken under the control of any state or federal court or adminis- trative body because of insolvency or bankruptcy, or for any other reason, then a vacancy shall forthwith and ~ facto exist in the office of the Paying Agent or Registrar, as the case may be, and a successor shall be appointed by the Issuer; and in case at any time the Paying Agent or Registrar shall resign, then a successor shall be appointed by the Issuer. After any such appointment, notice of such appointment shall be given by the Issuer to the predecessor Paying Agent or Registrar, the successor Paying Agent or Registrar, the Trustee, any rating agency that shall then have in effect a rating on any of the Bonds, and all Bondholders. Any new Paying Agent or Registrar so appointed shall immediately, and without fur- ther act, supersede the predecessor Paying Agent or Registrar. SECTION 11.21. Oualifications of Successor Paying Agent or Registrar. Every successor Paying Agent or Registrar (a) shall be a commercial bank or trust company (i) duly organized under the laws of the United States or any state or territory thereof, (i) authorized by law to perform all the duties imposed upon it by the Indenture and (iii) capable of meeting its obligations here- under, and (b) shall have a combined net capital and surplus of at least $50,000,000. - 74 - GTH\HARRIS\15784.01\11/26/95 1 6G 3 SECTION 11.22. J~dicial Appointment of Succe~sor Paying ~ Qr Registrar. In case at any time the paying Agent or Registrar shall resign and no appointment of a successor paying Agent or Registrar shall be made pursuant to the foregoing provisions of this Indenture prior to the date specified in the notice of resignation as the date when such resignation is to take effect, the retiring Paying Agent or Registrar may forthwith apply to a court of competent jurisdiction for the appointment of a successor Paying Agent or Registrar. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Paying Agent or Registrar. Notice of such appointment shall be given by the Successor Registrar or Paying Agent to the Issuer, the Trustee, any rating agency that shall then have in effect a rating on any of the Bonds, and all Bondholders. In the absence of such an appointment, the Trustee shall become the Registrar or Paying Agent, or and shall so notify the Issuer, any rating agency that shall have issued a rating on the Bonds, and all Bondholders. SECTION 11.23. Acceptance of Duties by Successor Paying Agent or Registrpr. Any successor Paying Agent or Registrar shall become duly vested with all the estates, property, rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named Paying Agent or Registrar herein. Upon request of such Paying Agent or Registrar, such predecessor Paying Agent or Registrar and the Issuer shall execute and deliver an instrument transferring to such successor Paying Agent or Registrar all the estates, property, rights and powers hereunder of such predecessor Paying Agent or Registrar and such predecessor Paying Agent or Registrar shall pay over and deliver to the successor Paying Agent or Registrar all moneys and other assets at the time held by it hereunder. SECTION 11.24. Successor by Merger or Consolidation. Any corporation into which any Paying Agent or Registrar hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which any Paying Agent or Registrar hereunder shall be a party, shall be the successor Paying Agent or Regi~trar under the Indenture without the execution or filing of any paper or any further act on the part of the parties thereto, anything in the Indenture to the contrary notwithstanding. [END OF ARTICLE XI] - 75 - GTH\HARRIS\157B4.01\11/26/96 ....,_.,'''~...''''''"''---.,_....._-- ..--.. -4. , '1"-__-' 1 6G 3 ARTICLE XII ACTS OF BONDHOLDERS; EVIDENCE OF OWNERSHIP OF BONDS SECTION 12.01. ~cts of Bondholders: Evidence of Ownership of Eonds. Any action to be taken by Bondholders may be evidenced by one or more concurrent written instruments of similar tenor signed or executed by such Bondholders in person or by an agent appointed in writing. The fact and date of the execution by any person of any such instrument may be provided by acknowledgment before a notary public or other officer empowered to take acknowledgments or by an affidavit of a witness to such execution. Any action by the Owner of any Bond shall bind all future Owners of the same Bond in respect of anything done or suffered by the Issuer, Trustee, Paying Agent or Registrar in pursuance thereof. [END OF ARTICLE XII] - 76 - GTH\HARRIS\15784.01\11/26/96 - - - 16G 3 ARTICLE XIII AMENDMENTS AND SUPPLEMENTS SECTION 13.01. Amendments and Supplements Without Bondholders' Consent. This Indenture and any then existing indenture supple- mental hereto may be amended or supplemented, from time to time, without the consent of the Bondholders, by a supplemental indenture authorized by a Certified Resolution of the Issuer filed with the Trustee, for one or more of the following purposes: (a) to add additional covenants of the Issuer or to surrender any right or power herein conferred upon the Issuer; (b) for any purpose not inconsistent with the terms of this Indenture, or to cure any ambiguity or to cure, correct or supplement any defective provision (whether because of any inconsistency with any other provision hereof or otherwise) of this Indenture, in such manner as shall not impair the security hereof or thereof or adversely affect the rights and remedies of the Bondholders; (c) to provide for the execution of any and all contracts and other documents as may be required in order to effectuate the conveyance of any Project to the State, the County or any department, agency or branch thereof, or any other unit of government of the State or the County; provided, however, that the Issuer shall have caused to be delivered to the Trustee an opinion of Bond Counsel stating that such conveyance shall not impair the security hereof or adversely affect the rights and remedies of the Bondholders; and (d) to provide for the issuance of Refunding Bonds. SECTION 13.02. Amendments With Bondholders' Consent. This Indenture may be amended from time to time as set forth below, except with respect to (a) the interest or principal payable upon any Bonds, (b) the dates of maturity or redemption provisions of any Bonds, (c) this Article XIII and (d) the security provisions hereunder or under any indenture supplemental hereto, by a supplemental indenture approved by the Owners of at least a majority in aggregate principal amount of the Bonds then Outstanding; provided, however, that no amendment shall be made which adversely affects one or more but less than all Series of Bonds without the consent of the Owners of at least a majority in aggregate principal amount of the then Outstanding Bonds of each Series so affected, and no amendment shall be made which affects the rights of some but less than all of the Outstanding Bonds of each Series so affected. Amendments with respect to items (a), (b), (c) and (d) of this Section 13.02 shall be effected only with - 77 - GTH\HARRIS\15784.01\11/26/96 1 6G 3 the consent of Owners of all Outstanding Bonds of each Series affected by such amendments. SECTION 13.03. ~rustee Authorized to Join in Amendments and Supplements: Reliance on Counsel. The Trustee is authorized to join in the execution and delivery of any supplemental indenture or amendment permitted by this Article XIII and in so doing may request and rely on a written opinion of Counsel that such supplemental indenture or amendment is so permitted and has been duly authorized by the Issuer and that all things necessary to make it a valid and binding agreement have been done. [END OF ARTICLE XIII] - 78 - GTH\HARRIS\15784.01\11/26/96 1 6G 3 ARTICLE XIV DEFEASANCE SECTION 14.01. Defeasance. When interest on, and principal or Redemption Price (as the case may be) of, the Bonds or any portion thereof to be defeased have been paid, or there shall have been deposited with the Trustee or such other escrow agent designated in a Certified Resolution of the Issuer (the "Escrow Agent") moneys sufficient, or Defeasance Securities, the principal of and interest on which, when due, together with any moneys, remaining uninvested, will provide sufficient moneys to fully pay (i) such Bonds or por- tion thereof to be defeased, and (ii) any other sums payable here- under by the Issuer, the right, title and interest of the Trustee with respect to such Bonds or portion thereof to be defeased shall thereupon cease, the lien of the Indenture on the pledged Revenues, and the Funds and Accounts established under this Indenture shall be defeased and discharged, and the Trustee, on demand of the Issuer, shall release the Indenture as to such Bonds or portion thereof to be so defeased and shall execute such documents to evidence such release as may be reasonably required by the Issuer and shall turn over to the Issuer or to such Person, body or authority as may be entitled to receive the same all balances remaining in any Funds and Accounts upon the defeasance in whole of all of the Bonds. SECTION 14.02. Deposit of F~nds for Payment of Bonds. If the Issuer deposits with the Escrow Agent moneys sufficient, or Defeasance Securities, the principal of and interest on which, when due, together with any moneys remaining uninvested, will, as confirmed by a verification report, provide sufficient moneys to pay the principal or Redemption Price of any Bonds becoming due, either at maturity or by redemption or otherwise, together with all interest accruing thereon to the date of maturity or such prior redemption, and reimburses or causes to be reimbursed or pays or causes to be paid the other amounts required to be reimbursed or paid under Section 14.01 hereof, interest on such Bonds shall cease to accrue on such date of maturity or prior redemption and all liability of the Issuer with respect to such Bonds shall likewise cease, except as hereinafter provided; provided, however, that (a) if any Bonds are to be redeemed prior to the maturity thereof, notice of the redemption thereof shall have been duly given in accordance with the provisions of Section 8.02 hereof, or irrevocable provision satisfactory to the Trustee shall have been duly made for the giving of such notice, and (b) in the event that any Bonds are not by their terms subject to redemption within the next succeeding sixty (60) days following a deposit of moneys with the Escrow Agent, in accordance with this Section, the Issuer shall have given the Escrow Agent, in form satisfactory to the Escrow Agent, irrevocable instruct~ons to mail to the O~~ers of such Bends - 79 - GTH\HARRlS\lS784.01\11/26/96 - ~ ...-.~- ~II 1 6G 3 at their addresses as they appear on the Bond Register, a notice stating that a deposit in accordance with this Section has been made with the Escrow Agent and that the Bonds to which such notice relates are deemed to have been paid in accordance with this Section and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal or Redemption Price (as the case may be) of, and interest on, said Bonds. Thereafter such Bonds shall be deemed not to be Outstanding hereunder and the Owners of such Bonds shall be restricted exclu- sively to the funds so deposited for any claim of whatsoever nature with respect to such Bonds, and the Escrow Agent shall hold such funds in trust for such Owners. Upon request of the Truste~, the Issuer shall obtain an opinion of a law firm with expertise in the field of tax-exempt municipal bonds that, upon payment or provision for payment as aforesaid of the Bonds to be paid, the same shall no longer be deemed Outstanding. Money so deposited with the EscroW Agent which remains unclaimed three (3) years after the date payment thereof becomes due shall, upon request of the Issuer, if the Issuer is not at the time to the knowledge of the Escrow Agent in default with respect to any covenant in the Indenture or the Bonds contained, be paid to the Issuerj and the Owners of the Bonds for which the deposit was made shall thereafter be limited to a claim against the Issuer; provided, however, that the Escrow Agent, before making payment to the Issuer, may, at the expense of the Issuer, cause a notice to be published in an Authorized Newspaper, stating that the money remaining unclaimed will be returned to the Issuer after a speci- fied date. [END OF ARTICLE XIV] - 80 - GTH\HARRIS\15764.01\11/26/96 I. . _: . " .. . 'w", ' . . .. '. ..' '. " . 1: .....~-'.._-_.-------- w____'" l ARTICLE XV 1 6G 3 / MISCELLANEOUS PROVISIONS SECTION 15.01. Limitations on Recours~. No personal recourse shall be had for any claim based on the Indenture or the Bonds against any member of the Board of the Issuer, officer, employee or agent, past, present or future, of the Issuer or of any successor body as such, either directly or through the Issuer or any such successor body, under any constitutional provision, statute or rule of law or by the enforcement of any assessment or penalty or otherwise. The Bonds are payable solely from the Pledged Revenues, and any other moneys held by the Trustee under the Indenture for such purpose. There shall be no other recourse under the Bonds, the Indenture or otherwise, against the Issuer or any other property now or hereafter owned by it. SECTION 15.02. Payment Dates. In any case where an Interest Payment Date or the maturity date of the Bonds or the date fixed for the redemption of any Bonds shall be other than a Business Day, then payment of interest, principal or Redemption Price need not be made on such date but may be made on the next succeeding Business Day, with the same force and effect as if made on the due date, and no interest on such payment shall accrue for the period after such due date if payment is made on such next succeeding Business Day. SECTION 15.03. No Rights Conferred on Others. Nothing herein contained shall confer any right upon any Person other than the parties hereto and the Holders of the Bonds. SECTION 15.04. Illegal Provisions Disregarded. If any term of the Indenture or the Bonds or the application thereof for any reason or circumstances shall to any extent be held invalid or unenforceable, the remaining provisions or the application of such terms or provisions to Persons and situations other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision hereof and thereof shall not be valid and enforced to the fullest extent permitted by law. SECTION 15.05. SUbstitute Notice. If for any reason it shall be impossible to make duplication of any notice required hereby in a newspaper or newspapers, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. SECTION 15.06. Notices. Any notice, demand, direction, request or other instrument authorized or required by the Indenture to be given to or filed with the Issuer or the Trustee shall be - 81 - GTH\HARRIS\15784.01\11/26/96 1 6G 3 deemed to have been sufficiently given or filed for all purposes of the Indenture if and when personally delivered and receipted for, or sent by registered United States mail, return receipt requested, addressed as follows: (a) As to the Issuer - Heritage Greens Community Development District 10300 N.W. Eleventh Manor Coral Springs, Florida 33071 Attention: District Manager (b) As to the Trustee - First Union National Bank of Florida First Union Financial Center, 14th Floor Corporate Trust Department [FL 6065] 200 South Biscayne Boulevard Miami, Florida 33131 Attention: Vivian C. Cerecedo Any of the foregoing may, by notice sent to each of the others, designate a different or additional address to which notices under the Indenture are to be sent. All documents received by the Trustee under the provisions of the Indenture and not required to be redelivered shall be retained in its possession, subject at all reasonable times to the ~nspection of the Issuer, any Consultant, any Bondholder and the agents and representatives thereof as evidence in writing. SECTION 15.07. Controlling Law. The Indenture shall be governed by and construed in accordance with the laws of the State.. SECTION 15.08. Successors and Assigns. All the covenants, promises and agreements in the Indenture contained by or on behalf of the Issuer or by or on behalf of the Trustee shall bind and inure to the benefit of their respective successors and assigns, whether so expressed or not. SECTION 15.09. ~ings for Convenience Only. The table of contents and descriptive headings in the Indenture are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. SECTION 15.10. Counterparts. This Indenture may be executed in any number of counterparts, each of which when so executed and delivered shall be an original; but such counterparts shall together constitute but one and the same instrument. - 82 - GTH\HARRIS\15784.01\11/26/96 I 6G 3 SECTION 15.11. Appendices and Exhibi~a. Any and all appendices or exhibits referred to in and attached to this Indenture are hereby incorporated herein and made a part hereof for all purposes. IN WITNESS WHEREOF, Heritage Greens Community Development District has caused this Indenture to be executed by the Chairman of its Board and its corporate seal to be hereunto affixed, attested by the Secretary or Assistant Secretary of its Board and First Union National Bank of Florida has caused this Indenture to be executed by one of its Vice Presidents and its seal to be hereunto affixed, attested by an authorized officer, all as of the day and year first above written. HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT [SEAL] Attest: By: Chairman, Board of S.upervisors Secretary, Board of Supervisors FIRST UNION FLORIDA, as Agent and Registrar NATIONAL BANK OF Trustee, Paying [SEAL] By: Authorized Officer STATE OF FLORIDA COUNTY OF SS: On this day of , 199.._._, before me, a notary public in and for the State and County aforesaid, personally appeared and , Chairman and Secretary, respectively, of the Board of Supervisors of Heritage Greens Community Development District, who acknowledged that they did sign the foregoing instrument as such officers, respectively, for and on behalf of Heritage Greens Community Development District; that the same is their free act and deed as such officers, respectively, and the free act and deed of Heritage GTH\HARRIS\15784.01\11/26/96 - 83 - .....'~.....__.."".____...,_o,li.lii'...;H'_""_..____""'__._~....._"_"""'_""_~'..,.,,__.."~",,,,,,,,~-,,,~,_,,,,,,"'""'-"'-"'''''"'''"~~''"~~-~~~ - 1 L .....-- 1 6G 3 Greens Community Development District; and that the seal affixed to said instrument is the seal of Heritage Greens Community Development District, that the persons are personally known to me or produced as identification and did/did not take an oath. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. My Commission expires: (Print or type name of Notary) Notary Public, State of Florida [NOTARIAL SEAL) GTH\I~RIS\15784.01\11/26/96 - 84 - - --II STATE OF FLORIDA ) ) ss: ) 1 6G 3 COUNTY OF On this day of , 199 , before me, a notary public in and for the State and county-aforesaid, personally appeared Vivian Cerecedo, a vice president, of First Union National Bank of Florida, as Trustee, who acknowledged that she did sign said instrument as such officers, respectively, for and on behalf of said corporation; that the same is her free act and deed as such officers, and the free act and deed of said Corporation; and that the seal affixed to said instrument is the seal of said corporation, who is personally known to me or produced identification and who did not take an oath. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. My Commission expires: (Print or type name of Notary) Notary Public, State of Florida (NOTARIAL SEAL] GTH\HARRIS\15784.01\11/26/96 - 85 - i!--'IIfIV'"U-' 1l.1r- ----- 1 6G 3 ~XHl:Bl:T A LEGAL DESCRIPTION OF HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT The present boundaries of Heritage Greens community Development District are as follows: THE BOUNDARIES OF HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT MAY BE EXPANDED OR CONTRACTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 190, FLORIDA STATUTES. A-l GTH\HARRIS\15784.01\11/26/96 -- ..--.- - '. :. t' ~ ..,' .,- All ~XHIBIT B DESCRIPTION OF THE PROJECT 1 6G 3 B-1 GTH\HARRIS\157B4.01\11/26/96 <=i'___""__>__~";__""_""_'_'_"-_"'"__~_'_""""'''^'''';''~''""''.".;..,."".,..,,-.;...~~q""~"""_""',,"'""~""'~'_"_"'_-""_b~'_",'''''_,~"_""",-~"",~'''',_,,.,,<,,''' . ...~ . - ---,-~. 17- .. 1 6G 3 EXHIBIT C [FORM OF BOND] THIS BOND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AME~mED, BASED UPON THE EXEMPTION FROM REGISTRATION AVAILABLE UNDER SECTION 3 (a) (2) THEREOF, AND MAY BE SOLD OR OTHERWISE TRANSFERRED ONLY TO AN "INSTITUTIONAL INVESTOR", AS SUCH TERM IS DEFINED IN ACCORDANCE WITH RULE 144A PROMULGATED BY THE UNITED STATES SECURITIES AND EXCHANGE CO~~ISSION PURSUANT TO THE SECURITES AND EXCHANGE ACT OF 1933 AND OTHERWISE IN ACCORDANCE WITH THE PROVISIONS OF THE INDENTURE REFERRED TO BELOW. PRIOR TO TRANSFER THE PROPOSED TRANSFEREE MUST FILE WITH THE TRUSTEE A CERTIFICATE CONFIRMING THE STATUS OF THE TRANSFEREE AS AN INSTITUTIONAL INVESTOR. R- $ UNITED STATES OF AMERICA STATE OF FLORIDA HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BOND, SERIES 199 Interest Rate Maturity Date Date of Original Issuance % 1, , 199 Registered Owner: Principal Amount: KNOW ALL PERSONS BY THESE PRESENTS that Heritage Greens Community Development District (the "Issuer"), for value received, hereby promises to pay to the registered owner shown above or registered assigns, on the date specified above, from the sources hereinafter mentioned, upon presentation and surrender hereof at the corporate trust office of First Union National Bank of Florida, ~~ Miam:. =lcrid3, as pay~~g age~t (sa:= FirGt U~iQ~ Natic~al Bank c: Flor_~:3., t'1:.ami, Flor.:'.':::>' ar.ci/or a:-.)' bank or tr'..:::t: company to GTH\~RIS\15784.01\11/26/96 C-1 1 6G 3 become successor paying agent being herein called the "Paying Agent"), t}1e principal sum of DOLLARS ($ ) with interest thereon at the Interest Rate specified above payable semi-annually on each May 1 and November 1 while this Bond is Outstanding, commencing on May 1, 1997. Principal of this Bond is payable at the corporate trust office of First Union National Bank of Florida, located in Miami, Florida, in lawful money of the United States of America. Interest on this Bond is payable by check or draft of the Paying Agent made payable to the registered owner and mailed to the address of the registered owner as such name and address shall appear on the registry books of the Issuer maintained by First Union National Bank of Florida, as Registrar (said First Union National Bank of Florida and any successor Registrar being herein called the "Registrar") at the close of business on the fifteenth day of the calendar month preceding each interest payment date or the date on which the principal of a Bond is to be paid (the "Record Date"). Such interest shall be payable from the most recent interest payment date next preceding the date of authentication hereof to which interest has been paid, unless the date of authentication hereof is a May 1 or a November 1 to which interest has been paid, in which case from the date of authentication hereof, or unless such date of authentication is prior to May 1, 1997, in which case from 1, 1996, or unless the date of authentication hereof is between a Record Date and the next succeeding interest payment date, in which case from such interest payment date. Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the registered owner on such Record Date and may be paid to the person in whose name this Bond is registered at the close of business on a Special Record Date for the payment of such defaulted interest to be fixed by the Paying Agent, notice whereof shall be given to Bondholders of record as of the fifth (5th) day prior to such mailing, at their registered addresses, not less than ten (10) days prior to such Special Record Date, or may be paid, at any time in any other lawful manner, as more fully provided in the Indenture (defined below) . REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FRONT SIDE HEREOF. THE BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER PAYABLE SOLELY OUT OF THE PLEDGED REVENUES PLEDGED THEREFOR UNDER THE INDENTURE AND NEITHER THE PROPERTY, THE FULL FAITd AND CREDIT, THE TAXING POWER, NOR THE POWER TO LEVY ADDITIONAL NON AD VALOREM SPECIAL ASSESSMENTS OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF FLORIDA, OR ANY POLITICAL SUBDIVISION THEREOF, IS PLEDGED AS SECURITY FOR THE PAYMENT OF THE BONDS, EXCEPT THAT THE ISSUER IS OBLIGATED UNDER THE INDENTURE TO LEVY AND TO EVIDENCE AND CERTIFY, OR CAUSE TO BE CERTIFIED, FOR COLLECTION, SPECIAL ASSESSMENTS (AS DEFINED IN THE INDENTURE) TO SECURE &~D PAY THE BONDS. THE BONDS GTH\HARRIS\15784.01\11/26/96 C-2 ~'__'''''''''''''.'''''''''''_'_''___'___''_'_''''''''''''_____'_"__>Oi_'~_''''''''''''___"__,___~_".,.._..-..____.._'____~"-"'''''''''_'''''''_' 1 6G 3 DO NOT CONSTITUTE AN INDEBTEDNESS OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF FLORIDA, OR ANY POLITICAL SUBDIVISION nrEREOF WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION. This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Indenture until it shall have been authenticated by execution of the Trustee, or such other authenticating agent as may be appointed by the Trustee under the Indenture, of the certificate of authentication endorsed hereon. IN WITNESS WHEREOF, Heritage Greens Community Development District has caused thJ.s Bond to be signed by the facsimile signature of the Chairman of its Board of Supervisors and a facsimile of its seal to be imprinted hereon, and attested by the facsimile signature of the Secretary of its Board of Supervisors, all as of the date hereof. HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT (SEAL) By: Chairman, Board of Supervisors Attest: By: Secretary, Board of Supervisors GTH\HARRIS\15784.01\11/26/96 C-3 1 6G 3 CERTIFICATE OF AUTM~NTICATIOH This Bond is one of the Bonds delivered pursuant to the within mentioned Indenture. Date of Authentication: First Union National Bank of Florida, as Trustee By: Authorized Officer GTH\HARRIS\157e4.01\11/26/96 C-4 ,. ... ..' .". -. I - .' 4 '. . ~ I - 1 6G 3 (Back of Bond] This Bond is one of an authorized issue of Bonds of Heritage Greens Community Development District, a community development district duly created, established, organized and existing under Chapter 190, Florida Statutes (the Uniform Community Development District Act of 1980), as amended (the "Act") designated as Il~Ieritage Greens Community Development District Special Assessment Bonds, Series 199_" (the "Bonds"), in the aggregate principal amount of Dollars ($ ) of like date, tenor and effect, except as to number. The Bonds are being issued under authority of the laws and Constitution of the State of Florida, including particularly the Act, for the purpose of (i) planning, financing, acquisition, construction, equipping and installation of certain improvements permitted under the Act as authorized by the Issuer (the "Project"), (ii) making a deposit into the Debt Service Reserve Fund in the amount of the Debt Service Reserve Requirement, (iii) funding capitalized interest, and (iv) paying the costs of issuance of the Bonds. The Bonds shall be issued as fully registered Bonds in authorized denominations, as set forth in the Indenture. The Bonds are issued under and secured by a Trust Indenture dated as of , 199 , (the "Indenture"), by and between the Issuer and the Trustee, executed counterparts of which are on file at the corporate trust office of the Tnlstee in Miami, Florida. Reference is hereby made to the Indenture for the provisions, ~mong others, with respect to the custody and application of the proceeds of the Bonds issued under the Indenture, the operation and application of the Debt Service Fund and other Funds and Accounts (each as defined in the Indenture) charged with and pledged to the payment of the principal of, premium, if any, and the interest on the Bonds, the levy and the evidencing and certifying for collection, of non-ad valorem Special Assessments, the nature and extent of the security for the Bonds, the terms and conditions on which the Bonds are issued, the rights, duties and obligations of the Issuer and of the Trustee under the Indenture, the conditions under which such Indenture may be amended without the consent of the registered owners of Bonds, the conditions under which such Indenture may be amended with the consent of the registered owners of a majority in aggregate principal amount of the Bonds outstanding, and as to other rights and remedies of the registered owners of the Bonds. The registered owner of this Bond shall have no right to enforce the provisions of the Indenture or to institute action to enforce the covenants therein, or to take any action with respect to any event of default under the Indenture or to institute, appear in or defend any suit or other proceeding with respect thereto, except as provided in the Indenture. Notwithstanding t~e fc~~;oing, any reJ~ster~~ owner 0: :his S~nd ~~all have :he r:;~, GTH\~RRIS\15784.01\11/26/96 C-5 '" 1 6G 3 to enforce the Issuer's covenant of continuing disclosure as per Section 9.33 of the Indenture. It is expressly agreed by the registered owner of this Bond that such registered owner shall never have the right to require or compel the exercise of the ad valorem taxing power of the Issuer, Collier County, Florida, the State of Florida or any political subdivision thereof, or taxation in any form of any real or personal property of the Issuer, Collier County, Florida, the State of Florida or any political subdivision thereof, for the payment of the principal of, premium, if any, and interest on this Bond or the making of any other sinking fund and other payments provided for in the Indenture, except for Special Assessments to be assessed and levied by the Issuer as set forth in the Indenture. By the acceptance of this Bond, the registered owner hereof assents to all the provisions of the Indenture. This Bond is payable from and secured by Pledged Revenues, as such term is defined in the Indenture, all in the manner provided in the Indenture. The Indenture provides for the levy and the evidencing and certifying, of non ad valorem assessments in the form of Special Assessments to secure and pay the Bonds. The Bonds are subject to redemption prior to maturity in the amounts, at the times and in the manner provided below. All pay- ments of the redemption price of the Bonds shall be made en the dates specified below. If less than all the Bonds are to be redeemed, the Trustee shall select the particular Bonds or portions of Bonds to be called for redemption by lot. Partial redemption of Bonds shall be made in such manner that the remaining Bonds held by each Bondholder shall be in Authorized Denominations. Optional Redemption The Bonds are subject to redemption at the option of the Issuer in whole at any time on or after 1" or in part on any Interest Payment Date on or after 1" at the redemption prices (expressed as percentages of principal amount to be redeemed) set forth below, plus accrued interest to the redemption date, upon notice from the Issuer to the Trustee as set forth in the Indenture. Redemption Period (Both Dates Inclusive) Rede~ption Price 1, 1, 1, to 31, to 31, and thereafter % GTH\HARRIS\lS784.01\11/26/96 C-6 ..~......... 1 6G 3 Mandatory Sinking Fund Redemption The Bonds are subject to mandatory sinking fund redemption on 1 in the years and in the principal amounts set forth below at a redemption price of 100% of their principal amount plus accrued interest to the date of redemption. Such principal amounts shall be reduced as specified by the Issuer by the principal amount of any Bonds redeemed pursuant to optional redemption as set forth above or purchased and cancelled pursuant to the provisions of the Indenture. I.u.I.: Principal Amount of Bonds to be Paid :Inx Principal Amount of Bonds to be Paid Extraordinary Mandatory Redemption in Whole or in Part The Bonds are subject to extraordinary mandatory redemption prior to maturity by the Issuer in whole, on any date, or in part, on any interest payment date, at an extraordinary mandatory redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued to the redemption date, (i) from moneys deposited into Prepayment Account of the Bond Redemption Fund following the payment in full of Special Assessments on any portion of the District Lands within thirty (30) days after the completion of the Project and acceptance thereof by the Issuer in accordance with the provisions of the Indenture; (ii) from moneys deposited into the Prepayment Account in the Bond Redemption Fund following the payment in full or in part of Special Assessments on any portion of the District Lands as a result of any prepayment of Special Assessments at any time subsequent to thirty (30) days after the completion of the Project in accordance with the provisions of the Indenture, or as the result of any fore- closure, sale of tax certificate or other remedial action for non- payment of Special Assessments; (iii) following condemnation or the sale of any portion of the District Lands to a governmental entity under th~eat of condemnation by such gove~nmental entity and the payment ~: mone::;: by s,-~c~ governmental er.t:ity ~c the Trus':ee fcr deposit i~~o the Prepayme~t Account: in the Bond ~edempt:ion Fund in GTH\HARRIS\15784.01\11/26/96 C-7 1 6G 3 order to effectuate such redemption; (iv) from excess moneys in the Construction Fund transferred to the Prepayment Account in the Bond Redemption Fund pursuant to the Indenture after completion of the Project, as evidenced by the certificate of the Consulting Engineer and the District Manager; and (v) from moneys, if any, on deposit in the Prepayment Account in the Bond Redemption Fund following the damage or destruction of all or substantially all of the Project to such extent that, in the reasonable opinion of the Issuer, the repair and restoration thereof would not be economical or would be impracticable; provided, however, that at least forty-five (45) days prior to such extraordinary mandatory redemption, the Issuer shall cause to be delivered to the Trustee (x) notice setting forth the ~edemption date specified in (v), above, and (y) a certificate of the Consulting Engineer confirming that the repair and restoration of the Project would not be economical or would be impracticable. Notice of Redemption The Trustee shall cause notice of redemption to be mailed at least thirty but not more than sixty days prior to the date of redemption to all registered owners of Bonds to be redeemed (as such owners appear on the books of the Registrar on the fifth (5th) day prior to such mailing) and to certain additional parties as set forth in the Indenture; provided, however, that failure to mail any such notice or any defect in the notice or the mailing thereof shall not affect the validity of the redemption of the Bonds for which such notice was duly mailed in accordance with the Indenture. If less than all of the Bonds shall be called for redemption, the notice of redemption shall specify the Bonds to be redeemed. On the redemption date, the Bonds called for redemption will be payable at the principal corporate trust office of the Paying Agent and if moneys are available to pay principal and interest on such date interest shall cease to accrue, such Bonds shall cease to be entitled to any benefit under the Indenture and such Bonds shall not be deemed to be outstanding under the provisions of the Indenture and the registered owners of such Bonds shall have no rights in respect thereof except to receive payment of the redemption price thereof. For all redemptions other than mandatory sinking fund redemptions, if the amount of funds so deposited with the Trustee, or otherwise available, is insufficient to pay the redemption price and interest on all Bonds so called for redemption on such date, the Trustee shall redeem and pay on such date an amount of such Bonds for which such funds are sufficient, selecting the Bonds to be redeemed by lot from among all such Bonds called for redemption on such date, and interest on any Bonds not paid shall continue to accrue, as provided in the Indenture. The Issuer shall keep books for the registration of the Bonds at the corporate trust office of the Registrar in Miami, Florida. GTH\HARRIS\15784.01\11/26/96 C-8 .........-....-a..... 1 6G 3 THE INDENTURE PLACES RESTRICTIONS ON THE TRANSFERABILITY OF THE BONDS. Subject to the restrictions contained in the Indenture, the Bonds may be transferred or exchanged by the registered owner thereof in person or by his attorney duly authorized in writing only upon the books of the Issuer kept by the Registrar and only upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the regis- tered owner or his duly authorized attorney. In all cases in which the privilege of transferring or exchanging Bonds is exercised, the Issuer shall execute and the Trustee or such other authenticating agent as may be appointed by the Trustee under the Indenture shall authenticate and deliver a new Bond or Bonds in authorized form and in like aggregate principal amount in accordance with the provisions of the Indenture. There shall be no charge for any such exchange or transfer of Bonds, but the Issuer may require payment of a sum sufficient to pay any tax, fee or other governmental charge imposed. Neither the Issuer nor the Registrar shall be required (a) to transfer or exchange Bonds for a period of 15 days next preceding any selection of Bonds to be redeemed or thereafter until after the mailing of any notice of redemption; or (b) to transfer or exchange any Bond called for redemption in whole or in part. The Issuer, the Tnlstee, the Paying Agent and the Registrar may deem and treat the person in whose name any Bond shall be registered upon the books kept by the Registrar as the absolute owner thereof (whether or not such Bond shall be overdue and notwithstanding any notation of ownership or other writing thereon made by anyone other than the Issuer, the Trustee, the Paying Agent or the Registrar) for the purpose of receiving payment of or on account of the principal of, premium, if any, and interest on such Bond as the same becomes due, and for all other purposes. All such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the Issuer, the Trustee, the Paying Agent, nor the Registrar shall be affected by any notice to the contrary. It is hereby certified and recited that all acts, conditions and things required to exist, to happen, and to be performed, precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the la'lIs and Constitution of the State of Florida applicable thereto, including particularly the Act, and that the issuance of this Bond, and of the issue of the Bonds of which this Bond is one, is in full compliance with all constitutional and statutory limitations or provisions. GTH\HARRIS\15784.01\11/26/96 C-9 -- 1 6G 3 STATEMENT OF VALIDATION This Bond is one of a series of Bonds which were validated by judgment of the Circuit Court of the Twentieth Judicial Circuit of Florida, in and for Collier County, Florida, rendered on the 29th day of April, 1994. Chairman Secretary ABBREVIATIONS The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM TEN ENT JT TEN as tenants in common as tenants by the entireties as joint tenants with rights of survivorship and not as tenants in common UNIFORM GIFT MIN ACT CUstodian (CUst) (Minor) Under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the above list. GTH\HARRIS\lS784.01\11/26/96 C-10 1 6G 3 ASSIGNMENT AND TR>>7SFER FOR VALUE RECEIVED the undersigned sells, assigns and trans- fers unto (please print or typewrite name and address of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to transfer registration thereof, premises. the wi thin Bond on the books kept for with full power of substitution in the Signature Guarantee: NOTICE: Signature (s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Please insert social security or other identifying number of Assignee. GTH\HARRIS\15784.01\11/26/96 C-11 166 3 . EXHIBIT D FO~~ OF REQUISITION The undersigned, a Responsible Officer of Heritage Greens Community Development District (the "District") hereby submits the following requisition for disbursement under and pursuant to the terms of the Trust Indenture between the District and First Union National Bank of Florida, as trustee (the "Trustee"), dated as of 1, 1996 (the "Indenture") (all capitalized terms used herein shall have the meaning ascribed to such terms in the Indenture) : (A) Requisition Number: (B) Name and address of Payee: (C) Amount payable, including total obligation, any amount previously paid and the unpaid balance: (D) purpose for which paid or incurred (refer also to specific contract if amount is due and payable pursuant to a contract involving progress payments) : (E) Fund or Account and subaccount, if any, from which disbursement to be made: The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the Construction Fund or the Account or subaccount, if any, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and construction of the Project and each represents a Cost of the Proj ect that is due and has not previously been paid. The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof. GTH\HARRIS\15784.01\11/26/96 D-l ..._~. 1 6G 3 The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage which the District is at the date of such certificate entitled to retain and that the work to which the payment relates is satisfactory to the District (which satisfaction may be based upon a certificate of the Consulting Engineer) . Attached hereto are originals of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested. HERITAGE GREENS CO~lITY DEVELOPMElrr DISTRICT By: A Responsible Officer CONSULTING ENGINEER'S APPROVAL FOR NON-COST OF ISSUANCE AND NON-CAPITALIZED INTEREST REQUESTS ONLY If this requisition is for a disbursement other than costs of issuance of the Series 1996 Bonds or payment of capitalized interest, or a requisition presented on the date of closing of a Series of Bonds, the undersigned Consulting Engineer hereby certifies that (a) this disbursement is for a Cost of the Project and is consistent with the applicable acquisition or const~Jction contract for the portion of the Project with respect to which such disbursement is being made, (b) the Consulting Engineer approves the requisition, (c) the amount requisitioned is due and unpaid, (d) that, insofar as the payment is to be made for work, material, supplies or equipment, the work has been performed and the material, supplies or equipment'have been installed as part of the Project or any portion thereof or have been delivered either at the proper site or at a proper place for fabrication and are covered by the builders' risk insurance; (e) all approvals and permits for acquisition, construction, reconstruction, installation and equipping of the Project have,been obtained or can reasonably be expected to be obtained in a timely fashion from all applicable Regulatory Bodies, and (f) that all work, material, supplies and equipment for which payment is to be made are, in the signer's opinion, in accordance with the plans and specifications or duly approved change orders. CONSULTING ENGINEER By: Its: GTH\HARRIS\15784.01\11/26/96 D-2 (The remainder of this page intentionally left blank) 1 6G 3 1 6G 3 APPENDIX D PROPOSED FORM OF OPINION OF BOND COUNSEL (This page intentionally left blank) 16G 3 ___f')l'.....~.,..."-.,_...~R ._.....J1 16G "3 FORM OF BOND COUNSEL OPINION SUBJECT TO CHANGE PRIOR TO CLOSING [Date of Closing] Board of Supervisors Heritage Greens Community Development District Re: $6,000,000 HERIT AGE GREENS COMMUNITY DEVELOPMENT DISTRICT (Collier County, Florida) Special Assessment Bonds Series 1996 Ladies and Gentlemen: We have served as bond counsel in cOMection with the issuance by Heritage Greens Community Development District (the "District''), a community development district created and existing p\L~uant to Chapter 190, Florida Statutes, as amended (the "Act''). of its $6,000,000 Special Assessment Bonds, Series 1996 (the "Bonds"). The Bonds are being issued pursuant to the Constitution and laws of the State of Florida, a Trust Indenture dated as of December 1, 1996 (the "Indenture"), from the District to First Union National Bank. of Florida (the "Trustee") and Resolution 94-4 adopted by the Board of Supervisors of the District on April 29, 1994 (the "Bond Resolution"). The Bonds are being issued in an aggregate principal amount of $6,000,000 for the purpose of: (i) planning, financing, acquiring, constructing, equipping and installing certain infrastructure improvements consisting of water, sewer, drainage and roadway improvements (the "Project''); (ii) funding the initial deposit to the Debt Service Reserve Fund established pursuant to the Indenture; (iii) funding 18 months of capitalized interest for the Bonds; and (iv) paying the costs of issuance of the Bonds. The Bonds are payable from and secured by special assessments imposed, levied and collected by the District on the property specially benefitted by the Project. We have examined the law and such other certified proceedings and other papers as we have deemed necessary to render this opinion. Unless the context indicated otherwise, all terms not otherwise defined herein shall have the meaning ascribed to such terms under the Indenture. As to questions of fact material to our opinion, we have relied upon such certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. The District has entered into certain covenants with the owners of the Bonds for the exact terms of which reference is made to the Indenture. 1 6G 3 Board of Supervisors Heritage Greens Community Development District [Date of Closing] Page 2 Based on the foregoing, we are of the opinion that: 1. The District has been duly established and validly exists as a community development district under the Act. 2. The District has the right and power under the Act to authorize, execute and deliver the Indenture, and the Indenture has been duly and lawfully authorized, executed and delivered by the District, is in full force and effect and is valid and binding upon the District and enforceable in accordance with its tenns. The Indenture creates the valid pledge that it purports to create of the Pledged Revenues in the manner and to the extent provided in the Indenture. 3. The Bonds are the valid, binding, special obligations of the Distric~ enforceable in accordance with their tenns and with the terms of the Indenture and are entitled to the benefits of the Act as amended to the date hereof, and the Bonds have been duly authorized and issued in accordance with law and the Indenture. 4. The Bonds and the interest thereon are exempt from taxation imposed by the State of Florida, including any intangible tax, except as to estate taxes, and taxes imposed by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations owned by corporations, as defmed therein. 5. The Internal Revenue Code of 1986, as amended (the '"Code''), includes requirements that the District must continue to meet after the issuance of the Bonds in order that interest on the Bonds not be included in gross income for federal income tax purposes. The failure of the District to meet these requirements may cause interest on the Bonds to be included in gross income for federal income tax purposes retroactive to their date of issuance. The District has covenanted in the Indenture to take the actions required by the Code in order to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds. The District has full legal power and authority to comply with such covenants. Under existing statutes, regulations, rulings and court decisions, subject to the assumption stated in the following paragraph, interest on the Bonds is excludible from the gross income of the owners thereof for federal income tax purposes. Furthermore, interest on the Bonds is not an item ofta.x preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, interest on the Bonds is taken into account in determining adjusted current earnings for purposes of computing the alternative minimum tax impo$ed on certain corporations. We express no opinion regarding other federal tax consequences resulting from the ownership, 1 6G 3 Board of Supervisors Heritage Greens Community Development District [Date of Closing] Page 3 receipt or accrual of interest on, or disposition of the Bonds. The Bonds have been designated by the District as "qualified tax exempt obligations" within the meaning of Section 26S(b X3) of the Code, the interest on which may be excluded from the allocation required of certain "financial institutions" under, and as defined in, Section 265(b) of the Code. Ownership of the Bonds may result in collateral federal tax consequences to certain taxpayers. We express no opinion regarding such federal tax consequences arising with respect to the Bonds. In rendering the opinion expressed above, we have asswned continuing compliance with the tax covenants referred to above that must be met after the issuance of the Bonds in order that interest on the Bonds not be included in gross income for federal income tax purposes. We wish to call to your attention that the Bonds do not constitute a debt of the District, the State of Florida or any political subdivision thereof within the meaning of any constitutional or statutory provision, or a pledge of the taxing power or the faith and credit of the District, the State of Florida or any political subdivision thereof. Neither the District, the State of Florida, nor any political subdivision thereof is obligated to pay the Bonds or the interest thereon except out of the Pledged Revenues pledged therefor under the Indenture. It is to be understood that the rights of the holders of the Bonds and the enforceability thereof may be subject to bankmptcy, insolvency, reorganization, moratoriwn or other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent constitutionally applicable and that their enforcement may be subject to the exercise of judicial discretion in appropriate cases. Except as may expressly be set forth in an opinion delivered by us to the underwriters of the Bonds on the date hereof (upon which only they may rely), (1) we have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds and we express no opinion relating thereto, and (2) we have not been engaged or undertaken to review the compliance with laws of the State of Florida or the 16G 3 Board of Supervisors Heritage Greens Community Development District [Date of Closing] Page 4 United States with regard to the sale or distribution of the Bonds and we express no opinion relating thereto. We have examined the form of the Bonds andt in our opinion, the fonn of the Bonds is regular and proper. Respectfully submittedt GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P.A. . . . ... . . . ~'.. . l ~. . . " ~ . . '! r .... II 1 6G 3 APPENDIX E ASSESSMENT METHODOLOGY 16G 3 (This page intentionally left blank) """"'-'_',""'>4';~_ .,.."'."."..____"_______<"'__"""'''~..\,,,..,;.''''_,.._.____'''_._"''"''~,.__,....'''.~;,__.'''~___~."''','''_'''''''''_..>>_''"'..''''',.,_'_._,_....,.'w.."..fi0."'_."'""";";<,'"~'.."'"'"""'''''_..._~"'__,._'"______ ---_..---_._~-_.- . . :\sHKIND &~ t- l.'IJ-'l. lZL~'.' LL... L 1 6G 3 ASSESSMENT METHODOLOGY FOR HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Updated November 11, 1996 1.0 IntroductIon 1.1 Purpose This report provides a methodology determine the amount of community development district debt to be allocated to properties within the Heritage Greens Community Development District. The report is designed to be used by the District during the course of its assessment hearings under Chapter 190. F.S. 1.2 Background As described in the report by the District's Engineer, Agnoll, Sarver & Brundage, the Heritage Greens Community Development District includes 252 acres. The developer plans envision all of the property developed into a golf course and approximately 529 residential units. The improvements contemplated by the District and Included In the District's Engineer's Report provides infrastructure which is designed to benefit the residential portions of the District only. The District Engineer has carefully apportioned the costs for all Improvements in the District between the golf course and the residential properties. The developer is paying for all costs associated with the golf course. The District is only paying for costs associated with the residential development. Therefore, the golf course is not assessed any of the costs for the District's improvement program. ,2424 neseorch Por'.<woy. Suite 275. Orlando. FloOdo 32826 . (407) 382.3256 . FAX (407) 382-3254 ."..,--...........--- ,,- - -..- -. .._~ - -- -----. ,. 'l....'!. .' "l "..:: ------~.... 16G 3 The essence of the assessment methodology Is a four step process. First. the District Engineer determines the costs for all improvements needed for the buildout of the community. Second. the District Engineer divides these costs into those which are roadway related (including street lighting and other appurtenances and improvements) and those improvements which are not related to the roadways. Third. the costs for providing roadways are divided among the benefiting properties on the basis of the volume of trips that each parcel is projected to generate once it is developed. Finally, the costs for all other improvements are divided among the benefited properties in relationship to their development potential measured on the basis of equivalent dwelling units (ERUs). 2.0 Assessment Methodology 2.1 Overview The District Engineer has developed a master improvement program to support the full development of land In the District. Including inflation. these costs total $4,407.500. Based on these estimated costs. the size of the bond issue needed to generate funds to pay for these construction costs is determined, by the District's Underwriter to total $6.000.000. The developer has submitted a preliminary plat to the County for approval. The plat specifies the precise land uses in the District. This report shows the allocation of debt to residential land in the District based upon this preliminary plat. Once the plat is finalized there may be need for some further adjustment to the allocations shown here to reflect any changes to the final plat. The methodology for making these allocations is outlined below. The numerical examples provided are based upon the developer's preliminary piat. As noted above. to the extent that the final plat differs from the preliminary submittal the allocations to individual parcels will also change. Thus, the debt allocation methodology provided below is really a process by which the District can allocate debt to particular parcels of land at the time of the final plat. The procedures also assure that debt will not buildup on undeveloped properties creating potential assessment problems. 2.2 Development Program Table 1 outlines the expected development program for the land comprising the District. The program anticipates a mixture of predominately residential uses as well as extensive amenities. Table 2 provides the estimated absorption schedule for the project. 2 '.: .... . .' I, -":. ......; , ~-,------_."-,_._---..-""--.__.~...~~~---- . .1 6G 3 2.3 Construction Cost Estimates The District Engineer has estimated the costs of all improvements $4,407,500. Table 3 provides the breakdown by type of expense. 2.4 Bond Sizings To generate the funding needed for the proposed construction program, the District plans to issue revenue bonds. The bond size exceeds the construction estimates for a variety of reasons. Most importantly, the sizing includes the provision for up to 24 months of capitalized interest. This allows for the completion of the improvements prior to assessing properties for their payment. The bond structure is anticipated to be a 20 year term bond with level annual debt service. The interest rate is anticipated not to exceed 8.25%. 2.5 Estimates For Trips and EDUs Table 5 provides an illustration of how the allocation methodology is designed to work. This illustration is based upon the latest preliminary plat described above. As noted previously, debt related to roadways is allocated among the benefiting parcels on the basis of the volume of trips which each is projected to generate when fully developed. Since the roadways and related improvements were specifically designed to accommodate the traffic generated by the proposed land use plan, this allocation procedure is quite reasonable. It directly allocates debt to specific properties based upon the benefit that each one receives from the development of the District's roadway system. The portion of debt incurred to fund the remaining, non road related, improvement in the District is allocated to benefiting properties on the basis of development intensity and density. These are measure on the basis of ERUs. For each residential parcel the ERU depend upon the inverse of the density for each type of product. The Estate single-family detached units are the base and are set at 1 ERU per unit. All other residential properties are measured as the inverse of their densities compared to the single-family unit base. 2.6 Debt A!location In Table 6 debt is allocated to each type of land use depending upon their share of total trips and total ERUs projected for the District at buildout. The allocations are the product of the calculations in Tables 4 and 5. 3 _'_,*;",>.,~~,'~_I\W4>",_",_,___,,*,,,____'_",""'_",'_""","",,,,,,,,_,.',-"",".'~"'"'--->~."~~"""~'~"""~"'.""""'^-"~'--~~'----- -- 1 6G 3 2.7 Tax Roll The tax roll for the District Is based upon the preliminary plat submitted to Colller County. The references are to the preliminary plat for Identification purposes. Note that duplex lots are allocated debt on the basis of two units per lot and coach lots are allocated debt on the basts of four units per lot. This Is In accord with the preliminary plat and plans of the developer. The tax roll presented here Is subject to change depending upon the outcome of the final plat. However, the methodology provided here is sufficient to allow the District to adjust the tax ron as may be needed should the final plat differ from the preliminary one. 4 ~"~._-~fI<1-"'IiI_JloI. .. '.. r... -- '<V. 11II"'-_.- - -- - ----- 1 6G 3 llnl1s. Acreage Density Residential Units Estate Lots 27 6.00 4.5 Executi....e Lots 136 25.00 5.4 Villa Twin Duplex Lots 106 18.00 5.9 Coach Home Lots 80 6.00 13.3 Multifamily 180 17.00 10.6 ------- ---=--- Total Residential 529 72.00 Non Residential Golf Course Tracts 0 145.00 Open Space Tracts 0 1.00 Road Rights of Way 0 25.00 Preserve 0 9.00 a===____ ==-==-= Total Non Residential 0 180.00 TOTAL 529 252 Source: Engineer's Report Table 1. 11/11/96 FISHKIND & ASSOCIATES. INC. Page 1 1 6G ~ ~ ..... CD 0) ~ a.. ~ """<.000)0 ~ C'? NC'? 0 ~ (.) ~ ~ U)O<.oNO C") (J) .....L()L()C'?CX) C") W N ~ g ~ U)oooo In en en U)U)N,..... en <C ~ ~ c z ~ 00000 0 S2 :J: en u: ~ """<.0<.000 en NC'?OO)CX) N >. ..... ..... ..... Il) c: co a. 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Dated as of December 1, 1996 16G 3 CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated as of December 1,1996 and as amended from time to time, if applicable (this "Disclosure Agreement"), is being entered into by and between the HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT (the "Issuer" or the "District"), RONTO DEVELOPMENT NAPLES, INC. (the "Primary Developer") in connection with the issuance of the District's $6,000,000 Special Assessment Bonds, Series 1996 (the "Bonds') The Bonds are being issued pursuant to a Trust Indenture, dated as of December 1, 1996, betWeen the District and the First Union National Bank of Florida, Miami, Florida, as trustee (the "Trustee") (collectively, the "Indenture"). The District and the Primary Developer covenant and agree as follows: SECTION 1. fuJ1'ose of the Disclosure A&reement. This Disclosure Agreement is being entered into by and between the District and the Primary Developer for the benefit of the holders of the outstanding aggregate principal amount of the Bonds (the "Bondholders") and for the purpose of assisting the participating Underwriters (as defined herein) to comply with Rule lSc2-12(b)(S) of the Securities Exchange Commission. SECTION 2. Definitions. The following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the District pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement." "Disclosure Representative" shall mean the Chairman of the Board of Supervisors of the District or his or her designee, or such other officer or employee as the District shall designate in writing to the Dissemination Agent from time to time. "Dissemination Agent" shall initially mean the District, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by the District and which has filed with the District a written acceptance of such designation. "Listed Events" shall mean any of the events listed in Subsection Sea) of this Disclosure Agreement. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. Currently, the following are National Repositories: F-l Bloomberg Municipal Repository Post Office Box 840 Princeton, New Jersey 08542-0840 Internet address: MUN1S@bloomberg.doc (609) 279-3200 FAX (609) 279-3235 (609) 279-5963 Contact: Dave Campbell The Bond Buyer Secondary Market Disclosure 395 Hudson Street, 3rd Floor New York, New York 10014 Internet address: Disclosure@muller.com (212) 807-3814 FAX (212) 989-9282 Contact: Thomas Garske Disclosure, Inc. Document AugmentationlMunicipal Securities 5161 River Road Bethesda, Maryland 20816 (301) 951-1450 FAX (301) 718-2329 Contact: Bany Sugarman (301) 215-6015 JJ Kenny Information Services The Repository 65 Broadway/16th Floor New York, New York 10006 (212) 770-4568 FAX (212) 797-7994 Contact: Joan Horai, Repository Moody's NRMSIR Public Finance Information Center 99 Church Street New York, New York 10007-2796 (800) 339-6306 FAX (212) 553-1460 Contact: Claudette Stephenson (212) 553-0345 F-2 1 66 3 .. 1 6G 3 R.R. DOMelly Financial Attention: Municipal Securities Disclosure Archive 559 Main Street Hudson, Massachusetts 01749 (800) 580-3670 (212) 553-1460 "Participating Underwriter" shall mean William R. Hough & Co., Naples. Florida, and any other underwriter of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Quarterly Report" shall mean any Quarterly Report provided by the District pursuant to, and as described in, Sections 5 and 6 of this Disclosure Agreement. "Repository" or "Repositories" shall mean each National Repository and each State Repository. "Rule" shall mean Rule 15 c2-12(b)( 5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State Repository" shall mean any public or private repository or entity, if any, designated by the State as a state repository for the purposes of the Rule. "Tax-exempt" shall mean that interest on the Bonds is excluded from gross income for federal income tax purposes, whether or not such interest is includable as an item of tax preference or otherwise includable directly or indirectly for purposes of calculating any other tax liability, including any alternative minimum tax or environmental tax. Unless otherwise defined herein, all capitalized terms used in this Disclosure Agreement shall have the definitions set forth in the Indenture. SECTION 3. Provision of Annual Reports. (a) The District and the Primary Developer shall, or shall cause the Dissemination Agent to, not later than August 1 of each year, commencing August I, 1997 (the "Repository Delivery Date"), deliver to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. Not later than fifteen (15) Business Days prior to said date, the District shall provide the Annual Report to the Dissemination Agent (if the District is not the Dissemination Agent). In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Agreement; provided that the audited financial statements of the District may be submitted separately from the balance of the Annual Report. F-3 ~.< . ':' :'. ,...:: :':;,: \,:"';"',:::.: :.:: :..':';!:,;,..,' '>r;: 166 3 (b) If, on or before the fifteenth (15th) Business Day prior to the Repository Delivery Date, the Dissemination Agent has not received a copy of the Annual Report, then the Dissemination Agent shall contact the District and the Trustee to determine if the District is in compliance with Subsection 3(a) hereof. ( c) If the Dissemination Agent is unable to verify that an Annual Report has been provided to the Repositories by the date required in Subsection 3(a) hereof. then the Dissemination Agent shall send a notice to each Repository in substantially the form as Exhibit A attached hereto. (d) The Dissemination Agent shall: (i) during the term of this Disclosure Agreement, determine the name and address of each Repository prior to the Repository Delivery Date; and (ii) file with the District (and the Trustee, if the Trustee is not the Dissemination Agent) a report certifying: (A) that the Annual Report has been delivered to the Repositories pursuant to this Disclosure Agreement, (B) the date that the Annual Report was delivered to the Repositories, and (C) listing all the Repositories to which the Annual Report was provided. SECTION 4. Content of Annual Reports. (a) The Annual Report shall contain or incorporate by reference the following: (i) the audited financial statements of the District for the immediately preceding Fiscal Year, prepared in accordance with generally accepted accounting principles applicable to operations of the District, as same may be modified from time to time by Florida statutory requirements and the governmental accounting standards promulgated by the Government Accounting Standards Board (the "Audit")~ and (ii) an update of the follov.ing financial information and operating data: (A) Account and Fund balances of the Trust Estate. (B) assessed value oflands upon which Assessments securing the Bonds are levied; provided, however, that the District may rely upon the records of the County Property Appraiser for such information; (C) the amount of Assessments certified by the District to the Tax Collector for the immediately preceding calendar year. (0) the amount of Assessments collected for the prior year, F-4 16G 3 (E) the amount of delinquent Assessments by Product Type ( "Product Type" being defined as Villa, Executive, Estate, Coach and multifamily) by number of each Product Type and dollar amount)~ (F) the dollar amount of certificates sold~ (G) debt service schedule for the remaining term of the Series 1996 Bonds. (b) The District shall be solely responsible for the content of any reports or notices (or any portion thereof) provided to the Dissemination Agent pursuant to the terms hereof~ provided, however, that the District shall be relying on documentation provided to it by the Trustee with respect to the payment date statements. The Dissemination Agent shall not be responsible for reviewing or verifying the accuracy or completeness of any such reports and notices and shall be indemnified under Section 4 hereof against any and all claims, damages, losses, liabilities, costs and expenses whatsoever (including attorneys' fees and expenses) incurred or suffered by the Dissemination Agent as a result of the Dissemination Agent's making public any such materials or notices in accordance with this Agreement. SECTION 5. Obliaations of Primary Developer. The Primary Developer agrees to provide, or as long as the Primary Developer or any related entity of the Primary Developer or any successors or assigns to the Primary Developer owns twenty-five percent (25%) or more of the real property encumbered by the special assessments that secure the Series 1996 Bonds to the District and the Owners on a quarterly basis commencing February 1, 1997 and on each February 1, May 1, August 1 and November 1 thereafter while the Bonds are outstanding the following information: (a) Project: For all benefitted and assessable land within the District benefitted by the . Estimation of total number of units of each Product Type upon fun build-out. . Number of units of each Product Type taken down by U.S. Home (the "Developer"). . Number of units of each Product Type as to which title has been transferred to persons or entities other than the Developer (hereinafter referred as "Non-Builders"). . Number of units of each Product Type under contract to Non-Builders F-S -",-",---,,,,,~,,,--,,,,,,"'",---""~-"-"'"";"""~-"""""~""---.-.-' 1 6G 3 . Number of units of each Product Type (whether or not occupied) for which certificates of occupancy have been issued (hereinafter referred to as "Completed Units"). . Number of Completed Units of each Prodcut Type owned by Non- Builders. . Number of Completed Units of each Product Type for sale by Developer . Number of Completed Units by Product Type for sale by Non-Builders (as disclosed by MIS listing) li (b) Materially adverse changes or determinations to permits/approvals for the Development which r.ecessitate changes to the Primary Developer's land-use plans. (c) Updated plan of finance (e.g., status of any credit enhancement, issuance of additional bonds to complete project, draw on credit line of Primary Developer. etc.) SECTION 6. Reportini of Sii1'ificant Events. (a) This Section 6 shall govern the giving of notices of the occurrence of any of the following events (the "Listed Events"): 1. Delinquency in payment when due of any principal of or interest on the Bonds; 2. Occurrence of any Event of Default under and as defined in the Indenture (other than as described in clause 1 of Subsection 6(a) above); 3. Amendment to the Indenture or this Disclosure Agreement modifying the rights of the Bondholders; 4. Giving a noticc of optional or unscheduled redemption of any Bonds; 5. Defeasance of the Bonds or any portion thereof; 6. Any change in any rating of the Bonds; 7. <A) Receipt of an opinion of nationally recognized bond counsel to the effect that interest on the Bonds is not Tax-exempt; or F-6 "'l!.~.......-.....-A' . r- -- --"'---" -....- - -.--....-.- -1 - .....- .---v....... 16G 3 (B) Any event adversely affecting the tax-exempt status of the Bonds, including but not limited to: (i) Any audit, investigation or other challenge of the tax-exempt status of the Bonds by the lnternal Revenue Service or in any administrative or judicial proceeding~ or (ii) The issuance of any regulation, decision or other official pronouncement by the Internal Revenue Service or other official tax authority or by any court adversely affecting the tax-exempt status of the Bonds or bonds of the same type as the bonds or financing structures of the same type as financed by the Bonds; S. difficulties; or Any unscheduled draw on the Reserve Fund reflecting financial 9. The release, substitution or sale of property securing repayment of the Bonds (including property leased, mortgaged or pledged as such security). (b) The Dissemination Agent shall, within one (1) Business Day of obtaining actual knowledge of the occurrence of any of the Listed Events (except the Listed Events described in clauses 1, 4 or 5 of Subsection 6(a) hereof), notify the Disclosure Representative in writing of the occunoence of a Listed Event and request that the District promptly direct the Dissemination Agent in writing whether to report the Listed Event pursuant to Subsection 6(t) hereof. (c) Whenever the District obtains knowledge of the occurrence of a Listed Event, whether because of a notice from the Dissemination Agent pursuant to Subsection 6(b) or otherwise, the District shall, as soon as possible, determine whether such Listed Event constitutes material information for the Bondholders, provided that, in any event, the occurrence of a Listed Event described in clause 6 of Subsection 6(a) will always be deemed to be material information for the Bondholders. (d) If the District determines that the occurrence of a Listed Event constitutes material information for Bondholders, then the District shall promptly notify the Dissemination Agent of such occurrence in writing. Such notice shall instruct the Dissemination Agent to report the occurrence of the Listed Event pursuant to Subsection 6(t). ( e) If, in response to a request under Subsection 6(b), the District determines that the Listed Event does not constitute material information for the Bondholders, then the District shall so notify the Dissemination Agent in writing and instruct the Dissemination Agent not to report the Listed Event pursuant to Subsection 6(t) hereof. F-7 1 6G 3 (t) If the Dissemination Agent has been instructed by the District to report the occurrence of a Listed Event, the Dissemination Agent shaH me a notice of such occurrence with the Municipal Securities Rulemaking Board and the Repositories. Notwithstanding the forgoing: (i) notice of the occurrence ofa Listed Event described in clauses 1,4 or 5 of Subsection 6(a) hereof shall be given by the Dissemination Agent unless the District gives the Dissemination Agent affirmative instructions, indemnity, and a reasoned opinion as to why not to disclose such occurrence~ and (ii) notice of Listed Events described in clauses 4 and 5 of Subsection 6(a) hereof need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to the affected Bondholders pursuant to the Indenture. SECTION 7. Termination of District's Reportins Oblisation. The District's obligations under this Disclosure Agreement shall terminate upon the defeasance, prior redemption or payment in full of all of the Bonds. SECTION 8. Dissemination Asent. The District may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may discharge any such Dissemination Agent, w1~h or without appointing a successor Dissemination Agent. If at any time there is not any other designated Dissemination Agent, the District Agent shall act as Dissemination Agent. Successor Dissemination Agents shall acknowledge in writing their agreement to be bound by this Disclosure Agreement prior to or contemporaneously with their appointment as Dissemination Agent. SECTION 9. Amendment' Waiver. Notwithstanding any other provision of this D\sclosure Agreement, the District and the Dissemination Agent may amend this Disclosure Agreement (and the Dissemination Agent shall agfee to any amendment so requested by the District), and any provision of this Disclosure Agreement may be waived, if such amendment Of waiver is supported by an opinion of counsel expert in federal securities laws, acceptable to both the District and the Dissemination Agent, to the effect that such amendment or waiver would not, in and ofitself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof, but taking into account any subsequent change in or official interpretation of the Rule. SECTION 10. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this ~isclosure Agreement. If the District chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Agreement, then the District shall have no obligation under this Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. F-S -----, -----"..,...,"_.'"..._,_."-,.,....."---~._- 1 6G 3 J SECTION 11. Default. If the District or the ~issemination Agent fails to comply with any provision of this Disclosure Agreement, then the Dissemination Agent may (and, upon the written request of the Underwriter or at least 25% of the Bondholders shall), or any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District or Dissemination Agent, as the case may be, to comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Agreement in the event of any failure of the District or the Dissemination Agent to comply with this Disclosure Agreement shall be an action to compel performance. SECTION 12. Duties, Immunities and Liabilities of Dissemination Aient and Dissemination Wnl. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Agreement, and the District and the Primary Developer agree to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys' and paralegals' fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or wilful misconduct. The obligations of the District and Primary Developer under this Section 12 shall survive resigr.ation or removal of the Dissemination Agent and the tennination of the District's reporting obligations as described in Section 9 to this Disclosure Agreement. SECTION 13. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the District, the Dissemination Agent, the Participating Underwriters and the Bondholders and shall create no rights in any other person or entity. SECTION 14. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. F-9 ~'. ' ~. " "" , , ".' . I ' .~, .',. ',,' "... ',' ." .' ,:>",' ", '.... i. . - '. 'y " . . .. , ;, ., , ' . I '/ . :".' ' . , . , . ,I I : II ," . ",: ; i " ,". ~ ' ' , : ' .. . '. ,," ' .. . ,', .",',','" I . ,: .. I'"" loG 3 IN WITNESS WHEREOF, the parties have executed and delivered this Disclosure Agreement as of the date first indicated above. "District" HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRlCf ~. . By: Chainnan, Board of Supervisors "Primary Developer" RONTO DEVELOPMENT NAPLES, INC. By: Name: Title: F-IO \-..----------.---- . 1 6G 3 Exhibit A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT Name of District: Heritage Greens Community Development District Name of Bond Issue: $6,000,000 Special Assessment Bonds, Series 1996 Date of Issuance: December 1, 1996 NOTICE IS HEREBY GIVEN that the District has not provided an Annual Report with respect to the above-named Bonds as required by the Continuing Disclosure Agreement among the District and the Primary Developer, dated as of December I, 1996. The District anticipates that the Annual Report will be filed by Dated: DISSEMINATION AGENT By: cc: District Trustee A-I -,---,-.,--..._,""_.<""",,-,"-"-~~...,,---_"_- V"'''''' 1 6G 3' (This page intentionally left blank) EXHIBIT E LIMITED OFFERING MEMORANDUM 16 1 66 3 . -~-, .,-,~ .--..--.------- --..---- 1 6G 3 /" 'M CJI,",on 0{ 8tntd COt'IV.I. trJzum,"Ir compllanc, wll" UrI""I ,'alV"'. "",10"0"-1. ",1,,,,, and CUt'" mll'MI'. ,"'.re,' 1m ,Iw /JiMdI " uc1.."d {....... '''VI ..oc, p {rderrM ,nc~ _ FV'7""tI. Ifowew,.. ,.. 'TtU MOII,,,,-',,.../n {",. d d.r.np''''" of'''' f.d...,I..II.,."",.... III,nt",..", 'IU"" ~Qf'''''' .""J c.rfa,,, "'''',. {,tkro/ 'tlfUerr""lCN r( -"''''1' Ift"- Bontb, 80nd Couru,l 'I {IU'''''' ,,{ ,''' or""o" 11tat ,Ite 8mtd1 aw:/ ,'', ",t.f'U' ,~" '" '""'F'/""" IlUDI''''' uncle,. ,''' laws O{,'" S. o{FWnrIa. uapt (1'110 ul... InuI arJ 'C1Jl~' ''''pored by Chapl'" 12". Flo,iJa Slatu'''. ,," ,",.,,,'. I."''''''' ",. prafltr on "'", ohl/f1ll1OfV _...d by Cr11'porgt,oru .v /h{" '" CMP"" 2 10. New I!suc Full Book.Entn.Qx $6,000,000 llERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT (Collier County, Florida) Special Assessment Bonds, Series 1997 Dated: January 1,1991 Due: Ma, 1 (a. .hown bt:1o' The BondI on:....... only in fully r,.iltm:d rorm, wilhOOlI couponr, in dcnominlltiom or S',OOO Ilftd intc..l ....kip.. in _lhInor; pNWicled Ill.. upon initial ....., lhc Dando win be o/J'crcd \0 initial p<rchaMn in I m;nimllll\ 'lllI.I,I. pl'iMlpel .......... or SI 00.000. 'llIe 80lW will "'"' u.lcreat Itlhc bed raIn let ,..~ below. ukuJo< on \he: be.i, or. 360.cIIy y.U comprised oftwelve Illifty.d.y montha. plyllbl. JCmi.....",.nyOft _h M.,. I ...tN-"a- 1.~nIM.y 1.1997, Tlta Bondi....' iwucd. will he rep.tCRd in Ihc name orc.de '" Co..., Dondowncr Ilftd nomine, for Tho o.p,.ilory TNlI CompMY ("'DTCI. New York. New yort. Pweheca orbcMfI< inta'Cab in lhc llondl will be mode in book-.try only rorm. Accordinlly. princip.1 or Ill<! interest on lhe Bondi win be raid hy Fin! Union ~.iOftlI B.... or Florict.. Mill Florida,.. !""lce (thc "T1'\IS1"") directly to lHe II the r.I;,t.rcd 0_" Ihen:or. o;.butlllMJlts or such peym.....lo the OlC PlI1io;,..,.. i. the n:spomibility or lYrC I d~ nf'...... pnymcnu 10 the henefioial_n i. \he: n:.IJ'OIIIibililY" OTe PlI1ioip...u.....1hc IlIditft' PlI1ioipllftll. .. ..-e MIy dacribed her';" MY I"'rcha .. bcncGcial_ or. Bond rnuol m.in!.in an Account willi I broker 01' de.l" vito i.. or actI thtoush.. OTC PlI1ioipenllO ,-,yc paymca' orthe princip.! or....s inter on euch Bond. S.e "o..cnf'lion or the Bondi . Book.EnIJ')' Only $1"_" hereil\. The 80ndt are bcio1S iau:d by I lcrihr G,eena Community O<rvelopmcnl Di"';el (the "Dilllrlct-) ~ and pwItIInIlo the Uniform Communily Dn~lopmc:ott f)i.trict ^,t 1910. Cheptcr lro. Florida SlIIuII... as omcndcd (1hc -Ad; one! I TNOt Incl.ntwe. dated II ol~owm'-I. 1996 (the "1ncSmturc;. fIt_ the Districlto the Trwtcc The 804 arc "l'\IIlly Ilftd rallbly ICcwcd under \lie Indenlun: by I nnt lien upon and pled.. olllp4lCi.1 _nmU (the -SpcoiaI ~; upon l...t within the Di.~;cl opcc:il bmclit1cd by CCllllin in&1IIM:tlll'll ~"",o..emcnta to be acquired. conalnlotld and equipped by lhe Ditll.riot &011I the pt_de or the Bonde (II me': pll1icularly dcJc:tibcd her. tho "Proj"I"). The Bonda atC additionally lecurcd by .mounla on deposit in the runda .nd ac-". otMr lIuuIthe Rob.. Fund end the CoetJ or I..u..... ^.CC'\lftI. ere. punulnllo Illc Indcnllln (tho "Plcdied Funda"). Pur~ toO.pearl." Flarido St.lUtca, Ihe DendI m..,. only'" .N",," 10 ....,cr...lt.d I...nlon" ..llhlnlh. .......ane or o..,t.r a.pl.r Sl7. Flori.. St.,. ..... the rU" """"ulp.... IlwrNnder. The Bond. on .ubJ.d 10 .,llonol, mlftd.lo,", .fnldnc rund ond ntroonl......,.IftlIft4.I0'7 l"I1I.....plln.. prior c. m.tur at morw funy "nulb'" h.nfn. NEnliER TIlE BONDS NOR TIlE INTEREST AND PREMIUM, IF ANY, PAYABLE TIlEREON SHALL CONSTITtr A GENERAL OBLlGA nON OR GENERAL INDEBTEDNESS OF THE DISTRICT WITHIN THE MEANING OF TI CONSTITUTION AND LAWS OF FLORIDA. TIlE BONDS AND TI[E INTEREST AND PREMIUM, IF ANY,PA YABI TIlEREON DO NOT CONSTITUTE EITHER A PLEDGE OF THE FULL FAITH AND CREDIT OFnlE DISTRICT ( A LIEN UPON ANY PROPERTY OF TIlE DISTRICT o'nfER mAN AS PROVIDED IN THE INDENTURE. NO OWN] ORANYO'OfERPERSONSllALL EVER HAVE THE RIGIITTO COMPEL THE EXERCISE OF ANY ADVALORi TAXING POWEROFTItE DISTRICT OR ANY OTIIER PUBLIC AUTHORITY OR GOVERNMENTAL BODY TO P, TilE PRINCIPAL OF, OR INTEREST AND PREMruM, IF ANY, ON THE BONDS OR TO PAY ANY OTHER AMOUN REQUIRED TO BE PAID PURSUANT TO THE INDENTURE OR TIlE BONDS. RATHER, ALL SUCH AMOUN SHALL BE PA YABLE SOLELY FROM, AND SHALL BE SECURED SOLELY BY, THE PLEDGED REVE:"It.:ES ( DEFINED IN TIlE INDENTURE) AND TIlE PLEDGED FUNDS (AS DEFINED IN TIlE INDENfURE) ALL AS PROVlD TIIEREIN. MATURITY SCHEDULE ~6,OOO,OOO 8.25V. Tenn Bond. due May 1,2018 (price: 100V.) (accrued Interest to be added) rlw 80m' tv/! nfJircd {Ot' Jcln'C1'" ..+,en, QI and if iSJl~d by ,'" Ou"", and tX'ctp"d by the UnderwrIte", mbj,cl to prior 101,. withr/t'Qwcl",. IIIodificat,,,n o{ ,I,c o.'f., ...., rIOtlet a"d tilt nI"'pl "It he op,"iO" o/'.ga'try by GN!''''''..g. r,.au.r,. HOIf",m1. Llpaff. RosI" &. Qv'""~ 1'.A.. Tol1aharlll. Fl4rlda. Bond C".,rutl QI '0 th, wU;d ,,,, Boflds tMd II.. crc/udnh.llry o{ Inl".I' //"1'Ion {/'O'" 11'011 ittCo"', fo. fed..", ;rw:o,", 'ax "",rpol". C.rfoin l'llal "'0/1'''' will II. poIl.d ..pon fo, ,'" Und......."'.,. , .o.."s.,l Nahn,.. Giblin 4r N,eh,.,,", P.A.. T ""'po. Fl",.,do; fo,.,1.. 011'"'' by III ,au"n/. Y01I"', """ .~I1trtd.,., cl V"""",,,,. P .A.. Nap"I. 1-",,.'da; artd fa. 1M T, by it6 _.t Holl....a& KnlJht. Mbn~ Florida. I' u ~cl.d ,ho' ,h, 80ndl w,lI ~ d.llYe,..d '" book.,"'", {orm t"t'OUf" the foc/"".I afThe O'pM,'ory Tnu' CD"" New Yo'.. NtIW Yo'* on 0" ..bou' Nov.",b,,. . 1996, William R. Hough & Co. December 27. 1996 \ 1 6G 3 No dealer, broker, salesperson or other penon has been authorized by the Heritage Greens Community Development District or the Underwriter to give any information or to make any representations, other than those contained in this Limited Offering Memorandum, and, if given or made, such other information or representations must not be relied upon as having been authorized thereby. This Limited Offering Memorandum does not constitute a" offer tO,seU or the solicitation of an oITer to buy, nor shan there be any sale of the Bonds by any person, in any jurisdiction in which it is unlawful for such penon to make such offer, solicitation or sale. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Limited Offering Memorandum nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the aITairs of the Heritage Greens Community Development District since the date hereof. IN CONNEcrlON WITH THIS OFFERING, TIlE UNDERWRITERS MA V OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREY AIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MA V BE DISCONTINUED AT ANY TIME. , \ 1 r - -.- Dble or Contents Page Introduction ............................ 1 Desaiption of the Bonds .. .. .. .. . . . . .. .... 2 Qcneral Description .. . .. .. .. .. .. .. ... 2 Redemption Provisions ............... 3 Notice of Redemption ................ S Purchase of Bonds . . . . . . . . . . . . . . . . . ., 6 Acceleration . . . . . . . . . . . . . . . . . . . . . . .. 6 Book-Entry Only System . . . . . . . . . . . . .. 6 Flow of Funds ...................... 8 Security for and Source of payment of Bonds .. 9 General. . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 No Parity Bonds; Parity Liens or Other Assessments and Taxes . . . . . . . . . . . . ., 10 Reserve Fund ......... . . . . . . . . . . . ., 11 Enforcement and Collection of Assessments . . . . . . . . . . . . . . . . . . . . . ., 11 Prepayment of Assessments .......... 12 Adjustments to Assessments ' . . . . . . . ., 12 Assessment Methodology ............ 13 Structure of Assessments, . . . . . . . . . . ., 13 Methodology .............,........ 13 Bond Owners' Risks .................... 14 The Project . . . . . . . . . . . , . . . . . . . . . . . . . . .' 15 General . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 paymenl of Certain Costs Incurred by the Landowner for the District. . . . . . . ., 16 Estimated Sources and Uses of Funds. . . . . ., 16 The District ........................... 17 Qcneral Information. . . . . . . . . . . . . . . ., 17 Powers ........................... 17 Board of supervisors .. . .. . . .. .. . . . .. 18 The District Manager. . . . . . . . . . . . . . ., 19 Outstanding Debt . . . . . . . . . . . . . . . . . .. 19 The Development. the Landowner and U.S. Home ........... . . . . . . . . . . . . . . . ., 19 16G 3 Page Tax Matters ..................,...,.... 29 Agreement by the State .................. 30 Legality for Investment .................. 30 Suitability for Investment. . . . . . . . . . . . . . . .. 30 Continuing Disclosure ................... 31 Disclosure Required by Florida Blue Sky Regulations . . . . . . . . . . . . . . . . . . . . . . ., 31 Litigation ............................. 32 Underwriting. . . . . . . . . . . . . . . . . . . . . . . . . .. 32 Experts ............................... 32 Financial Advisor. . . . . .. .. .. . . . .. .. . . ..' 32 Validation. . . . . . . . . . . . . . . . . . . . . . . . . ' . .' 32 Legal Matters. .. . . . . .. . .. . . . .. . .. . . . . ., 33 Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . .' 33 Appendices: A _ Report of Consulting Engineers B- Certain Information Regarding Collier County. Florida C- Fonn of IndenturC D- Proposed Form of Opinion of Bond Counsel E _ Assessment Methodology F- Fonn of Continuing Disclosure Agreement n _ _....__ , .f ---",,---- ~.r --.--- I'M I - V- -If If - - r- 1 6G 3 Limited Offering M,.morandum 56,000,000 Heritage Greens Community Development District (Collier County. Florida) Special Assessment Bonds, Series 1997 Introduction The purpose of this Limited Offering Memorandum, including the cover page and appendices hereto, is to set forth certain information concerning the Heritage Greens Community Development District (the "District"), in connection with the offering and issuance of its Heritage Greens Community Development District Special Assessment Bonds, Series 1997 (the "Bonds"). The District was created and established pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the" Act"), as a community development district, The Bonds are being issued pursuant to the Act and a Trust Indenture, dated as of January I, 1997 (the "Indenture"), from the District to First Union National Bank of Florida, Miami. Florida, as Trustee (the "Trustee"), and a resolution adopted by the Board of Supervisors of the District authorizing the issuance of the Bonds. All capitalized terms used in this Limited Offering Memorandum that are defined in the Indenture and not defined herein shan have the respective meanings set forth in the Indenture, the full text of which appears as Appendix C hereto. The Bonds are not a suitable investment for all investors (see "Suitability for Investment" and "Bond Owners' Risks" herein). Prospective investors in the Bonds are invited to visit the District, ask questions of representatives of the Landowner and U.S. Home (as each is hereinafter defined) and to request documents, instruments and information which may not necessarily be feferred to, summarized or described herein. Therefore, prospective investors should rely upon the information appearing in this Limited Offering Memorandum within the context of the availability of such additional information and the sources thereof. Prospective investors may request such additional information and arrange to visit the District as described herein under the caption "Suitability for Investment. " The District was established by Ordinance of the Collier County Board of County Commissioners on July 20, 1993, as amended by Ordinance No. 93-70 enacted on September 28, 1993. under the provisions of the Act for the purposes of financing and managing the acquisition, construction, maintenance and operation of a portion of the infrastructure necessary for community development. The Act authorizes the District to issue bonds for the purpose, among others, of financing, funding, planning, establishing, acquiring, constructing Of reconstructing, enlarging or extending, equipping, operating and maintaining water management, water supply, sewer, waste water management, bridges or culverts, district roads, street lights and any other basic infrastructure projects within or without the boundaries of the District. The Bonds are being issued to finance the acquisition and construction of certain assessable improvements as more particularly described in the Report of the Consulting Engineer which appears 1 6G 3 herein as Appendix A (the "Project"). Set! "The Project" herein. Proceeds of the Bonds will also be used to fund a Reserve Fund and capitalized interest on the Bonds for a period of approximately seventeen (17) months. The Bonds are payable from and secured by special assessments imposed, levied and collected by the District on land within the District specially benefitted by the Project (the "Special Assessments"), The Indenture provides that no additional bonds or other obligations may be issued on parity with the Bonds or have a senior lien on the Special Assessments and other assets pledged under the Indenture as security for the Bonds (see "Security for and Source of Payment of Bonds." herein). EVEN TIiOUGH NO PRIOR OR FUTURE BONDS wn..L BE PAYABLE FROM OR SECURED BY mE ASSESSMENTS PLEDGED AS SECURITY FOR THE BONDS. TIIE ASSESSMENTS PLEDGED AS SECURITY FOR TI-IE BONDS MAY OVERLAP AND WOULD BE LIENS CO-EQUAL WlTIi LIENS FOR ASSESSMENTS IMPOSED AND LEVIED BY TIIE DISTRICT WITH RESPECT TO ADDITIONAL ASSESSABLE PROJECTS AND LIENS (see "Enforcement and Collection of Assessments"). There follows in this Limited Offering Memorandum a brief description of the District, the Project to be constructed and acquired with the proceeds of the Bonds, together with summaries of the terms of the Bonds, the Indenture and certain provisions of the Act. All references herein to the Indenture and the Act are qualified in their entirety by reference to such documents and all references to the Bonds are qualified by reference to the definiti\'e forms thereof and the information with respect thereto contained in the Indenture, the fun text of which appears as Appendix C hereto. The information herein under the captions "The Development, the Landowner and U.S. Home -General." "Market for the Development," and "- the Landowner" has been furnished by the Landowner and the information herein under the captions "The Development, the Landowner and U.S. Home - U,S, Home," including the information incorporated therein by reference, has been furnished by U.S, Home, all of which has been included herein without independent investigation by the District or the Underwriter, and neither the District nor the Underwriter makes any representation or warranty concerning the accuracy or completeness of such information. Neither the Landowner nor U.S, Home makes any representation or warranty as to the accuracy or completeness of information contained herein which has been furnished by any other party to the transactions contemplated hereby. Description of the Bonds General Description The Bonds are issuable as fully registered Bonds. without coupons, in the denomination of S5,000 or any integral multiple thereof; provided, however, that the Bonds win be deliverable to the initial purchasers in denominations of Sl 00,000 or integral multiples of S5,OOO in excess of$100,000. The Bonds will be dated January 1, 1997, and, will bear interest from the Interest Payment Date next preceding their date of registration and authentication and will bear interest from the Interest Payment Date immediately preceding the date thereof to which interest has been paid. unless any such Bond is registered and authenticated as of an Interest Payment Date, in which case it will 2 ....-.-----~_. - , 1 1 6G 3 bear interest from such Interest Payment Date, or unless a Bond is registered and authenticated prior to delivery to the initial purchaser thereof, in which event such Bond win bear interest from its dated date, or unless, as shown by the records of the Trustee, interest on the Bonds is in default in which event such Bond will bear interest from the date to which interest was last paid on such Bond to maturity or earlier redemption. The Bonds will be initially issued in the form of a separate single certificated fully registered Bond. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Trustee in the name of Cede &. Co., as Nominee of Depository Trust Company, New York, New York ("DTC"), the initial Bond Depository. All of the Outstanding Bonds will be registered in the registration books kept by the Trustee in the name of Cede &. Co., as Nominee of DTC (see "Description of the Bonds - Book-Entry Only System"). With respect to Bonds registered in the registration books kept by the Trustee in the name of Cede & Co., as Nominee of DTC, the District, the Trustee and the Paying Agent will have no responsibility or obligation to any Bond Participant (hereinafter defined) or to any indirect Bond participant. Without limiting the immediately preceding sentence, the District, the Trustee and the Paying Agent will have no responsibility or obligation with respect to: (i) the accuracy of the records of DTC, Cede & Co. or any Bond Participant with respect to any ownership interest in the Bonds; (ii) the delivery to any Bond Participant or any other person other than a Bondholder, as shown in the registration books kept by the Trustee, of any notice with respect to the Bonds, including any notice of redemption; or (iii) the payment to any Bond participant or any other person, other than a Bondholder, as shown in the registration books kept by the Trustee, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The District, the Trustee and the Pa)ing Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Trustee as the holder and absolute owner of such Bond for the purpose of payment of principal of, premium, if any, and interest with respect to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent will pay al\ principal of and premium, if any, and interest on the Bonds only to or upon the order of the respective Bondholders, as shown in the registration books kept by the Trustee, or their respective attorneys duly authorized in writing, as provided in the lnc!enture, and al\ such payments will be valid and effective to fully satisfy and discharge the District's obligations with respect to payment of principal of, premium, ifany, and interest on the Bonds to the extent of the sum or sums so paid. No person other than a Bondholder, as shown in the registration books kept by the Trustee, will receive a certificated Bond evidencing the obligation of the District to make payments of principal, premium, if any, and interest pursuant to the provisions of the Indenture. Redemption Proyisions Optional Rtdtmption. The Bonds may, at the option of the District, be called for redemption as a whole, 2.~ Lnytime, or in part on any Interest Payment Date on or after May l, - (less than a\1 Bonds of such maturity to be selected by lot), at the redemption prices (expressed as 3 1 6G 3 percentages of principal amount) set forth in the following table plus accrued interest from the most recent Interest Payment Date to the redemption date: Redemption Periods (pates Inclusive) Redemption Prices Mandatory Redemption orBond5. The Bonds are subject to mandatory redemption in pan by the District by lot prior to their scheduled maturity from moneys in the Sinking Fund Account established under the Indenture in satisfaction of applicable Amortization Installments at the Redemption Price of 1000;'0 of the principal amount thereof. without premium, plus accrued interest to the Redemption Date, on May 1 of the years and in the principal amounts set forth below: May 1 of the Year Amortization Installment May 1 of the Year Amortization Installment The average life of the Bonds based upon the foregoing Amonization Installments is_ years. It is however anticipated that Bonds will be prepaid as Special Assessments are prepaid either in whole or in pan as lots are sold. See "Description of the Bonds - Redemption Provisions - Extraordinary Mandatory Redemption" below. If Bonds are redeemed during any Bond Year in an amount which exceeds the Amonization Installment for that Year, the foregoing Amortization Installments will be recalculated so as to 4 1 6G 3 \ \ amortize, as nearly as possible taking into account rounding for Authorized Denominations, the outstanding balance of the Bonds over the remaining term thereof. Extraordinary Mandatory R~demption in Who'~ or in Part. The Bonds are subject to extraordinary mandatory redemption prior to maturity by the District in whole, on any date, or in pan, on any Interest Payment Date, at an extraordinary mandatory redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued to the redemption date, (i) from moneys deposited into the Bond Redemption Fund following the payment in full of Special Assessments within thirty (30) days after the completion of the Project and acceptance thereof by the District in accordance with the Indenture; (ii) from moneys deposited into the Bond Redemption Fund following the payment in full or in part of Special Assessments as a result of any prepayment of Special Assessments at any time subsequent to thirty (30) days after the completion of the Project in accordance with the Indenture, or as the result of any foreclosure, sale of tax certificate or other remedial action for non-payment of Special Assessments; (iii) following condemnation or the sale of any portion of the District Lands to a governmental entity under threat of condemnation by such governmental entity and the payment of moneys by such governmental entity to the Trustee for deposit into the Bond Redemption Fund in order to effectuate such redemption; (iv) from excess moneys in the Construction Fund transferred to the Bond Redemption Fund pursuant to the Indenture after completion of the Project, as evidenced by the cenificate of the Consulting Engineer and the District Manager required by the Indenture; or (v) from moneys, if any, on deposit in the Bond Redemption Fund pursuant to the Indenture following the damage or destruction of all or substantially all of the Project to such extent that, in the reasonable opinion of the District. the repair and restoration thereof would not be economical or would be impracticable; provided, however, that at least fony-five (45) days prior to such extraordinary mandatory redemption, the District must cause to be delivered to the Trustee (x) notice setting fonh the redemption date and (y) a cenificate of the Consulting Engineer confirming that the repair and restoration of the Project would not be economical or would be impracticable. Notice of Redemption Notice of each redemption of Bonds is required to be mailed by the Bond Registrar, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Redemption Date to each registered Owner of Bonds to be redeemed at the address of such registered Owner recorded on the bond register maintained by the Registrar. On the date designated for redemption. notice having been given and money for the payment of the Redemption Price being held by the Trustee, all as provided in the Indenture, the Bonds or such portions thereof so called for redemption will become and be due and payable at the Redemption Price provided for the redemption of such Bonds or such portions thereof on such date, interest on such Bonds or such portions thereof so called for redemption will cease to accrue, such Bonds or such portions thereof so called for redemption will cease to be entitled to any benefit or security under the Indenture and the Owners thereof win have no rights in respect of such Bonds or such portions thereof so called for redemption except to receive payments of the Redemption Price thereof so held by the Trustee. Further notice of redemption win be given by the Trustee to cenain registered securities depositories and information services as set fonh in the 5 ..>..__._--~ .... .... -, ---- .- - . --.... 1 6G 3 Indenture, but no defect in said further notice nor any failure to give all or any portion of such further notice win in any manner defeat the effectiveness of a call for redemption if notice thereof is given as described above. PurchllSe of Bonds At the written direction of the District, the Trustee will apply moneys from time to time available in the Sinking Fund Account to the purchase of Term Bonds, at prices not higher than the principal amount thereof: in lieu of mandatory redemption, provided that firm purchase commitments can be made before the notice of redemption would otherwise be required to be given. In the event of purchases at less than the principal amount thereof: the difference between the amount in the Sinking Fund Account representing the principal amount of the Bonds so purchased and the purchase price thereof (exclusive of accrued interest) will be transferred to the Interest Account of the Debt Service Fund. In lieu of paying the Debt Service Requirements necessary to allow any mandatory redemption of Bonds from the Sinking Fund Account, the District may present to the Trustee Bonds purchased by the District and furnished for such purposes; provided, however, that no Bonds so purchased will be credited towards the Debt Service Requirements in respect of the mandatory redemption of Bonds for which notice of redemption has been given pursuant to the Indenture. Any Bond so purchased must be presented to the Trustee for cancellation. In such event, the Debt Service Requirements with respect to the Bonds for the period in which the purchased Bonds are presented to the Trustee will, for all purposes under the Indenture, be reduced by an amount equal to the aggregate principal amount of any such Bonds so presented. Acceleration The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence ofan Event of Default thereunder. Book-Entry Only System The Bonds will be available in book-entry form only, in the principal amount ofS5,OOO or any integral multiple thereof Purchasers of the Bonds will not receive certificates representing their interests in the Bonds purchased. The Underwriters are to confirm original issuance purchases with statements containing cenain terms of the Bonds purchased. The Bonds will be held by DTC as securities depository. The ownership of one fully registered Bond as set forth on the cover page hereof, in the aggregate principal amount of the issue, will be registered in the name of Cede & Co. as nominee for DTC. DTC is a limited-purpose trust company organized under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17 A of the Securities 6 1 6G 3 Exchange Act of 1934, as amended. OTC was created to hold securities ofits participants ("DTC Participants") and to facilitate the clearance and settlement of securities transactions among DTC Participants in such securities through electronic book-entry changes in accounts of the DTC Participants, thereby eliminating the need for physical movement of securities certificates. DTC Participants include securities brokers and dealers, banks, trust companies, clearins corporations, and certain other organizations, certain of which own DTC either directly or through their representatives. Access to the DTC system is also available to other entities such as banks, brokers, dealers and trust companies that clear through or maintain a custodial relationship with a OTC Participant. Purchases of the Bonds may be made by or through brokers and dealers who are, or act through, DTC Panicipants. Such DTC Participants and the persons for whom they acquire interests in the Bonds as nomintes will not receive certificated bonds, but each DTC Participant will receive a credit balance in the records ofDTC in the amount of such DTC Participant's interest in the Bonds, which will be confirmed in accordance with DTC's standard procedures. The ownership interest of the actual purchaser of each Bond (the "Beneficial Owner") will be recorded in the records of the DTC Participant. DTC Participants are required to provide Beneficial Owners with a written confirmation of their purchase containing details of the acquired Bonds. Transfers of ownership interests in the Bonds will be accomplished by book entry made by DTC and by the DTC Participants who act on behalf of the Beneficial Owners. The Trustee will make payments of principal of, premium, ifany, and interest on the Bonds to OTC or its nominee, Cede & Co, as registered owner of the Bonds, The current practice ofDTC is to credit the accounts of the DTC Participants immediately upon receipt of moneys in accordance with their respective holdings as shown on the records of DTC. Payments by DTC Participants to Beneficial Owners will be in accordance with standing instructions and customary practices such as those which are now in effect for municipal securities held by DTC Participants in bearer form or registered in "street name" for the accounts of customers, and will be the responsibility of DTC Participants and not the responsibility ofDTC, the Trustee or the District, subject to any statutory or regulatory requirements as may be in effect from time to time, The Trustee and the District will send any notice of redemption or other notice only to DTC, Any failure ofDTC to advise any DTC Participant, or of any DTC Participant to notify the Beneficial Owner, of any such notice and its content or effect will not affect the validity of the redemption of the Bonds called for redemption or of any other action premised on such notice. Redemption of portions of any maturity of the Bonds will reduce the outstanding principal amount of such maturity held by DTe. In such event, DTC may implement, through its book-entry system, a redemption of Bonds held for the account ofDTC Participants in accordance with its own rules or other agreements with DTC Participants. and then DTC Participants may implement a redemption of Bonds for the Beneficial Owners. NEITHER THE DISTRICT NOR THE TRUSTEE Wll.L HAVE ANY RESPONSmILITY OR ODLIGA TION TO DTC PARTICIPANTS OR mE PERSONS FOR WHOM DTC PARTICIPANTS ACT AS NOMINEES WITH RESPECT TO THE BONDS, 7 . 1"IJ"'"'"""<It~--""--""'#_'''-''--;-''-''''''''" i I , 1 6G 3' THE ACCURACY OF RECORDS OF DTe, CEDE & CO. OR ANY DTC PARTICIPANT WITH RESPECf TO THE BONDS OR THE PROVIDING OF NOTICE OR PAYMENT TO DTC PARTICIPANTS OR BENEFICIAL OWNERS OR THE SELECTION OF BONDS FOR REDEMPTION. The District and the Trustee cannot give any assurances that DTC. DTC Participants or others will distribute payments of principal of, premium, ifany. and interest on the Bonds paid to DTC or its nominee, or any redemption or other notices to the Beneficial Owners. or that they will do so on a timely basis or that DTC will serve or act in a manner described in this Limited Offering Memorandum. For every transfer and exchange of the Bonds, the Beneficial Owner may be charged a sum sufficient to cover any tax, fee or other government charge that may be imposed in relation thereto, DTe may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the District and the Trustee and discharging its responsibilities with respect thereto under applicable law. In addition. the District may determine to discontinue the use of book- entry transfers through DTC (or any successor securities depository). Under such circumstances, certificated Bonds are required to be delivered as described in the Indenture. In the event that the book-entry only system is discontinued, the following provisions will govern the transfer and exchange of Bonds. Bonds will be exchanged for an equal aggregate principal amount of corresponding Bonds in other authorized denominations and of the same maturity ("Replacement Bonds"), upon surrender thereof at the principal corporate trust office of the Trustee The transfer of any Bond will be registered on the books maintained by the Trustee for such purpose only upon the surrender thereof to the Trustee with a duty executed instrument of transfer or authorization for exchange in form satisfactory to the Trustee. For every exchange or transfer of registration of Bonds, the District and the Trustee may impose a charge sufficient to reimburse them for any tax or other governmental charge required to be paid with respect to such exchange or registration ofuansfer, but no other charge may be made to the Beneficial Owner for any exchange or registration of transfer of the Bonds. The Trustee wilt not be required to transfer or exchange (i) any Bond during a period beginning at the opening of business fifteen (15) days preceding an Interest Payment Date or five (5) BLlsiness Days preceding any date on which Bonds wilt be selected for redemption, and ending at the close of business on the Interest Payment Date or day on which the applicable notice of redemption is given or (ii) any Bond selected. called or being called for redemption in whole or in part. Flow of Funds The Indenture establishes a Revenue Fund into which the Trustee is required to deposit any and all Special Assessments for the payment of Bonds and other payments required under the Indenture, provided, however, that amounts received as prepayment of Special Assessments in excess of the amount required to pay the current Debt Service Requirements on the Bonds Outstanding shall 1 6G 3 be deposited into the Prepayment Account of the Bond Redemption Fund. The Revenue Fund will be held by the Trustee separate and apart from all other Funds and Accounts held under the Indenture and from all other moneys of the Trustee, On or before each Interest Payment Date, the Trustee will transfer from amounts on deposit in the Revenue Fund to the Funds and Accounts designated below, the following amounts in the following order of priority: FIRST, to the Interest Account of the Debt Service Fund, an amount equal to the amount of interest payable on all Bonds then Outstanding on such Interest Payment Date, less any amount already on deposit in the Interest Account not previously credited; SECOND, to the Principal Account of the Debt Service Fund, an amount equal to the principal amount of Bonds maturing on the next succeeding May 1 plus an amount equal to any deficiency in the Principal Account as a result of an insufficient transfer on the immediately preceding Interest Payment Date, less any amount already on deposit in the Principal Account not previously credited; nnRD, beginning on May 1, 1999 and on each Interest Payment Date thereafter, to the Sinking Fund Account of the Debt Service Fund, an amount equal to the principal amount of Bonds subject to mandatory sinking fund redemption on the next succeeding May 1 plus an amount equal to any deficiency in the Sinking Fund Account as a result of an insufficient transfer on the immediately preceding Interest Payment Date, less any amount already on deposit in the Sinking Fund Account not previously credited; FOURTIl, to the Debt Service Reserve Fund, an amount equal to the amount. if any, which is necessary to make the amount on deposit therein equal to the Debt Service Reserve Requirement with respect to the Bonds; and FIFTH. to the Bond Redemption Fund. Notwithstanding the foregoing, if the period between Interest Payment Dates is other than six (6) months with respect to any Series of Bonds, then such transfers will be adjusted accordingly so that sufficient moneys will be on deposit in the Funds and Accounts to provide for the timely payment of such Bonds. Security for and Source of Payment of Bonds General The Bonds are secured equally and ratably by a first lien upon and pledge of all Pledged Revenues, which include primarily, special assessments imposed in connection with the Project which are levied and coUected by or on behalf of the District pursuant to Chapter 170 and Section 190.022 of the Florida Statutes and pursuant to the assessment roll approved by resolutions of the District. 9 1 6G 3 together with the interest specified in resolutions adopted by the ~istrict, the interest specified in Chapter l70, Florida Starutes (1995), if any such interest is collected by or on behalf of the District, and any applicable penalties collected by or on behalf of the District, together with any and all amounts received by the District from the sale of tax certificates or otherwise from the collection of Delinquent Assessments (collectively, the" Assessments"). The assessment methodology adopted by the District may be obtained from the District upon request. The Bonds are additionally secured by amounts on deposit in the Funds and Accounts, other than the Rebate Fund, created pursuant to the Indenture (the "Pledged Funds"). NEITHER THE BONDS NOR TIrE INTEREST AND PREMIUM, IF ANY, PAYABLE TIrEREON SHALL CONSTITUTE A GENERAL OBLIGATION OR GENERAL INDEBTEDNESS OF THE DISTRICT WlTHIN THE MEANING OF THE CONSTITUTION AND LAWS OF FLORIDA. THE BONDS AND THE INTEREST AND PREMIUM, IF ANY, PAY ABLE THEREON DO NOT CONSTITUTE EITHER A PLEDGE OF THE Ftn..L F AlTH AND CREDIT OF THE DISTRICT OR A LIEN UPON ANY PROPERTY OF THE DISTRICT OTHER THAN AS PROVIDED IN THE INDENTURE. NO OWNER OR ANY OTHER PERSON SHALL EVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF ANY AD VALOREM TAXING POWER OF THE DISTRICT OR ANY OTHER PUBLIC AUTHORITY OR GOVERNMENTAL BODY TO PAY THE PRINCIPAL OF, OR INTEREST AND PREMIUM, IF ANY, ON THE BONDS OR TO PAY ANY OTHER AMOUNTS REQUIRED TO BE PAID PURSUANT TO THE INDENTURE OR THE BONDS. RATHER, ALL SUCH AMOUNTS SHALL BE PAYABLE SOLELY FROM, AND SHALL BE SECURED SOLELY BY, THE PLEDGED REVENUES <AS DEFINED IN THE INDENTURE) AND THE PLEDGED FUNDS (AS DEFINED IN THE INDENTURE) ALL AS PROVIDED THEREIN. IN GENERAL, THE TERM "PLEDGED REVENUES" MEANS ASSESSMENTS LEVIED BY THE DISTRICT ON CERTAIN REAL PROPERTY LOCATED WITIiIN THE GEOGRAPIDCAL BOUNDARIES OF THE DISTRICT AND THE TERM "PLEDGED FUNDS" MEANS SUCH ASSESSMENTS TOGETHER WITH OTHER AMOUNTS, IF ANY, ON DEPOSIT FROM TIME TO TIME IN CERTAIN FUNDS AND ACCOUNTS CREATED PURSUANT TO THE INDENTURE. No Parity Bonds,. Parity Litns of Other Assessments and Taxes Pursuant to the Indenture, the District has covenanted that it will not issue or incur any obligations payable from the proceeds of Assessments nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge upon the Assessments other than the liens created by the Indenture, except for fees, commissions, costs, and other charges payable to the Property Appraiser or to the Tax Collector pursuant to Florida law. HOWEVER, THE LIEN TN FAVOR OF THE ASSESSMENTS OVERLAPS AND IS CO-EQUAL WlTH THE LIEN IN FAVOR OF OTHER ASSESSMENTS wmCH MAYBE IMPOSED BY THE DISTRICT, COLLIER COUNTY, FLORIDA OR OTHER UNITS OF LOCAL GOVERNMENT HA vrNG 10 - " __A - ", . . ; . I . \ I ~."'~ """ ---~~'-.II . -tiJM; 1 6G 3 ASSESSMENT POWERS WlTIDN THE DISTRICT AND ALSO TO THE LIEN IN FAVOR OF COUNTY AND MUNlCIP AL TAXES (see "Enforcement and Collection of Assessments"), Resuve Fund ) " The Indenture establishes a Debt Service Reserve Fund for the Bonds, which, at the time of delivery of the Bonds, win be funded from the proceeds of the Bonds in an amount equal to the Debt Service Reserve Fund Requirement, which is equal to ten percent (lOCIc.) of the proceeds of the Bonds ($600,000). Moneys held for the credit of the Reserve Fund will: (i) be used for the purpose of paying interest or principal on the Bonds whenever amounts on deposit in the Debt Service Fund for the Bonds shall be insufficient for such purpose. At such time as the amount on deposit in the Reserve Fund is equal to. or greater than. the principal amount of the Outstanding Bonds and the remaining interest payable thereon to maturity or prior redemption, all or a portion of the amount on deposit in the Reserve Fund will, at the written direction of an Authorized Officer delivered to the Trustee, be transferred to either the Interest Account or the Redemption Account for the Bonds or both in such amounts as shall be specified in such written direction, Enforcement and Collection of Assessments The District has covenanted in the Indenture to assess, levy. collect or cause to be collected and enforce the payment of Assessments in the manner prescribed by the Indenture and all resolutions, ordinances or laws thereunto appertaining and payor cause to be paid to the Trustee the proceeds of Assessments, as received, While Florida law provides that, subject to certain conditions, special assessments may be collected in the same manner as county ad valorem taxes, the District intends to collect the Assessments directly, and not on the notice of the Tax Collector, until such time as the lots are platted. Chapter 170.10, Florida Statutes, provides that upon the failure of any property owner to pay the principal of Assessment or the interest thereon, when due, the governing body of the District is authorized to commence legal proceedings for the enforcement of the payment thereof, including commencement of an action in chancery, commencement of a' foreclosure proceeding in the same manner as the foreclosure of a real estate mortgage, or commencement of an action under Chapter 173. Florida Statutes, relating to foreclosure of municipal tax and special assessment liens. It is likely that any action to enforce payment of the Assessments win proceed under the provisions of Chapter 173. Florida Statutes, which provides that after the expiration of one year from the date any special assessment or installment thereof becomes due, the District may commence a foreclosure proceeding against the lands upon which the assessments are liens. Such a proceeding is in rem, meaning that it is brought against the land and not against the owner. After at least thirty (30) days' written notice to any record owner and at least four (4) weeks' prior published notice. a judicial hearing will be conducted in which any interested party may appear and contest the foreclosure; however, any person contesting the assessment or the lien must deposit with the court the amount which such party claims is the amount of any such assessment which is due. Upon ajudgment for delinquent assessments. a special master will be appointed to sell the property at public auction, at which sale the District may also bid. Proceeds of any such foreclosure sale are required by the statute to be shared for the payment of state. city, county or other taxes or 11 -'-- - I I , \ ! 1 6G 3, assessments in the manner determined by the special master. THERE CAN BE NO ASSURANCE THAT ANY SALE, PARTICULARLY A BULK SALE, OF LAND SUBJECT TO DELINQUENT ASSESSMENTS WJLL PRODUCE PROCEEDS SUFFICIENT TO 'PAY THE FULL AMOUNT OF SUCH DELINQUENT ASSESSMENTS PLUS OTHER DELINQUENT TAXES AND ASSESSMENTS APPLICABLE THERETO. ANY SUCH DEFICIENCY COULD RESULT IN THE INABD...ITY OF mE DISTRICT TO REPAY, IN FULL, mE PRINCIPAL OF AND INTEREST ON THE BONDS. Subject to certain conditions, Florida law permits special assessments to be collected in the same manner as county ad valorem taxes. It is anticipated that the District will employ this method of collection subsequent to the planing of lots. The statutes relating to enforcement of county taxes provide that county tax~s become due and payable on November 1 of the year when assessed and constitute a lien upon the assessed land from January 1 of such year. Credit will be given against the Assessments for capitalized interest funded from the proceeds of the Bonds for a period of approximately 18 months. The Assessments will bear interest on the unpaid principal balance at the rate of the rate of interest on the Bonds. plus one percent until paid, See "Security for and Source of Payment of the Bonds - Tax Collection Procedures" herein. Prepayment of Assessments Pursuant to the terms of the Act and the Assessment Proceedings, the owner of property subject to Assessments may pay the entire balance of the Assessment remaining due within thirty (30) days after the Project has been completed and the Board of Supervisors has adopted a resolution accepting the Project as provided by Florida Statutes, Section 170.09, without interest, and, may prepay the Assessments in whole at any time. and in part one time. if there is also paid, in addition to the prepayment amount. an amount equal to the interest that would otherwise be due on such balance on the next succeeding Interest Payment Date for the Bonds. or, if prepaid during the forty- five day period preceding such Interest Payment Date, to the next succeeding Interest Payment Dat e The Bonds are subject to extraordinary mandatory redemption as indicated under "Description of the Bonds - Redemption Provisions - Extraordinary Mandatory Redemption," from such Prepayments at the redemption price of par plus accrued interest to the date or such redemption. The prepayment of installments of Assessments does not entitle the owner of the property to a discount for early payment. Adjustments to Assessments Upon completion of the Project, the Assessments will be credited, pro rata, with any excess orthe original Assessments over the actual cost (including, without limitation, costs associated with the issuance of the Bonds. the capitalized interest and the Debt Service Reserve Fund) funded from proceeds of the Bonds. The Assessment Proceedings permit the Board of Supervisors, under certain circumstances, to credit against the Assessments due on an annual basis excess moneys on deposit in the Revenue Fund, but provide that the Board in determining whether to grant such credits shall 12 \ 1 6G 3 . be governed primarily by the interests of the Bondholders and if granting such credit could be reasonably expected to adversely affect the ability of the District to pay principal of, and interest and premium, ifany, on the Bonds when due, whether in the year in which such credit is being considered or in any future year, then the Board shall not grant such credit. AssGsment Methodology This information regarding assessment methodology was provided by Fishkind &. Associates, Inc., the Financial Advisor to the District. The assessment methodology was developed using construction cost estimates and land use areas provided by the District Engineer and a bond par amount and debt service schedule provided by the Underwriter. The Financial Advisor makes no representation or warranty as to the accuracy of the information provided by other parties for inclusion in the Assessment Methodology. Structure of Assessments The Assessments will be payable over a 20-year period with the first payment due in 1996. According to the District's Assessment Proceedings, the owner of the property subject to thcse Assessments may pay the entire balance either: (i) in full at any time or (ii) partially, one time. Assessments will not exceed the levels shown below throughout the life of the bond issuc Based on the construction cost estimates, the approximate maximum Assessment level, exclusive of operations and maintenance Assessment, per residential unit is as follows: Assessment Txpe YillJ. Annual Total Assessment.. $ 1 ,306 Total Capital per Unit". 12,588 Maximum Assessment Executive- E.s1m. ~ $ 1,595 $ 1,815 $762 15,373 17,498 7,341 Multifamily $873 8,417 - .. Based upon current development plan of 529 lots, subject to change based on final platting. Reflects annual Principal and Interest Reflects a one-time only payment of Principal (accrued interest to be added) ... I These Assessment levels constitute the estimated maximum amounts levied for the anticipated bond debt of the Project and have been adjusted to include the necessary and actual cost of the Tax CotJector and Property Appraiser as well as anticipated discounts associated may be lower than shown depending on the actual cost of construction compared with the estimated of construction costs. Methodology The costs of the improvements are allocated to all non-exempt, real property specially benefitted within the District. These costs, relating to the Special Assessment Bonds, are brokcn 13 ...- - ~ --,..... ~ 1.'."",iIl_<II<oo___''''"'.~'''____'-----"""''''---'''''"'''''--'''''--''''~''''''''''';'",.....,-,'--,.'"._"-"-_.,,...,.,=,,-"'..'.'''..~-'.,....,,~..-.-~..--;-,..._~~'"--',..,,~- 1r--- I \ \ \ 1-- - - - -- -- - . -- - - "17""" -- v-'---r--- 1 6G ~ down into two categories: Road related and all Other Improvements. Estimated construction costs (and the derived benefits) are to be distributed as follows: ~ ~onstNction Fund % of Total Roads 51,006,055 22.S3% Other Improvements S3.401.177 77 17% Total $4,407,232 100.0% Roadway improvements are allocated based on the proportionate acreage of that product type to the total residential acreage. AD other improvements are allocated based on equivalent units. The estimated equivalent units for each type ofrea1 estate product is the inverse of that unit type's density. In this way all residential units are treated equally on an acreage basis. All golf course improvements are allocated only to the golf course. Fmally, the assessments have been adjusted (by dividing by 0.94) to allow for the maximum 4% early payment discount of county taxes and assessments, the estimated 2% of the Assessment charged by the tax Collector to collect the Assessments, and an estimated 2% of the Assessment charged by the Propeny Appraiser. The complete Assessment Allocation and Methodology repon is included herein as Appendix E. In addition to the Assessments, the District expects to levy an annual Assessment for operation and maintenance of its facilities. Bond Ownen' Risks There are cenain risks inherent in an investment in bonds secured by special assessments issued by a public authority or governmental body in the State of Florida, certain of which are descnOed above under the caption "Enforcement and Collection of Assessments." The information appearing under this caption does not purport to summarize all risks that may be associated with purchasing or owning the Bonds and prospective purchasers are advised to read this Limited Offering Memorandum in its entirety for a more complete description of investment considerations relating to the Bonds. 1. Until further development takes place on the land within the District specially benefined by the Proj:ct, payment of the Assessments is entirely dependent upon their timely payment by the Landowner (hereinafter defined), which is currently the owner of substantially all of the land within the District benefitted by the Project. In the event of the institution of bankruptcy or similar proceedings with respect to the Landowner or any other subsequent significant owner of property within the District subject to the Assessments, there could be delays in the payment of Debt Service on the Bonds as such bankruptcy could negatively impact the ability of the District to foreclose upon 14 \ I I \ \ I I 1 \ - - _. 1 - - 1 .......-........ - , 6G 3 the property. In such event, the interests of the holders of the Bonds would be materially adversely affected. 2. The market value of the land to be benefitted by the Project financed from the proceeds of the Bonds may actually be higher or lower than the assessed value. To the extent that the realized or market value of the land benefitted by the Project is lower than the assessed value, the ability of the District to realize sufficient proceeds upon foreclosure to repay the Bonds may be adversely affected. 3. The Development (hereinafter defined) may be affected by changes in general economic conditions, fluctuations in the real estate market and other factors. In addition, the proposed Development is subject to comprehensive federal, state, and local regulations and future changes to such regulations. Approval is required from various public agencies in connection with, among other things, the design, nature and extent of required public improvements, both public and private, and construction of the Project in accordance with applicable zoning, land use and environmental regulations for the Development. Although no delays are anticipated, failure to obtain any such approvals in a timely manner could delay or adversely affect the Development, which may negatively impact the Landowner's desire or ability to develop the Development as contemplated. 4. The willingness and/or ability of an owner of land within the District to pay the Assessments could be affected by the existence of other taxes and assessments imposed upon the property. In addition, other public entities whose boundaries overlap those of the District, such as Collier County, could, without the consent of the owners of the land within the District, impose additional taxes and non-ad valorem assessments on the property within the District. Although the lien of the Assessments is of equal dignity with the liens for taxes upon land, and thus is superior to aU other types of liens, including mortgages, tax increases or the imposition of new taxes by public entities whose boundaries overlap those of the District may render landowners unwilling or unable to make Assessments payments as further affected by the collection method employed by the District in any given year; such failure to pay could adversely affect the ability of the District to make full or punctual payment of Debt Service on the Bonds. See "Security for and SourC',c of Payment of Bonds - Tax Collection Procedures" herein. The Project General The Project, more particularly described in the Report of Consulting Engineers, included herein as Appendix A, consists of the construction of stormwater management, water and wastewater and reclaimed water facilities, together with the construction of roadways to service the development within the District. An amount equal to approximately $4,407,000 will be deposited into the Construction Fund, and, together with interest earnings thereon, used to pay the costs of the Project. 15 ..-~......... 16G 3 Approvals and submittals for regulatory permits to commence construction of the Project are detailed in the Report of Consulting Engineers. Reference is hereby made to the Report of Consulting Engineers, the full text of which appears as Appendix A hereto, which is included herein in reliance upon the expertise of the Consulting Engineers in providing engineering services to units of local special purpose government such as the District. The District will not own or operate a water and wastewater treatment plant. Instead, potable water and sanitary sewer service win be provided to Heritage Greens by Collier County. Payment of cmain Costs Incu"td by tht Landownu for tht District In cOMection with the acquisition and construction of the Project, the District wilt pay the Landowner approximately $ 1,050,000 in repayment of amounts paid or incurred by the Landowner in the acquisition and construction of portions of the Project which undertaken in anticipation of the issuance of the Bonds. Estimated Sources and Uses of Funds Sources( 1) Bond Proceeds S6 000 000 Total Sources $6,000,000 U ses(1) Total Uses $4,407,500 ./ 600,000 (, "}... ~ . 6+hOOO l.P41, ~l'500 ~'{'-{, -j1(' $6,000,000 Deposit to Construction Fund Deposit to Debt Service Reserve Fund Capitalized Interest(2) Costs of Issuance and Underwriter's Discount (1) Does not include accrued interest from January I, 1997. (2) Represents interest on the Bonds for a period of approximately seventeen (17) months. 16 It - -.--- '" ----.. l----<lllll:>.. The District 16G 3 ! \ I \ ! I \ \ \ \ \ 1 Genua/Information The District was established by Ordinance 93-39 adopted by the Board of County Commissioners of Collier County. Florida on July 20. 1993. as amended and supplemented by Ordinance 93-70. adopted by the Board of County Commissioners on September 28, 1993, authorizing the District to exercise recreational powers authorized by the Act. The District encompasses approximately 251.52 acres in CoIlier County, Florida. As currently zoned, the District will include approximately 529 single-family, zero lot line and multi-family units, to be developed liound an IS-hole championship quality public golf course. POWD'S I t 1 Among other provisions, the Act gives the District's Board of Supervisors the authority to (a) plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain: (i) water management and control for lands within the District and to COMect any of such facilities with roads and bridges, (ii) water supply, sewer and waste-water management systems or any combination thereof and to construct and operate COMecting intercept or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system, (iii) bridges or culverts, (iv) roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights, (v) any other project within or without the boundaries of a district when a local government issued a development order approving or expressly requiring the construction or funding of the project by the District, or when the project is the subject of an interlocal agreement between the District and a governmental entity and is consistent with the local government comprehensive plan of the local government within which the project is to be located~ (b) borrow money and issue bonds of the District~ (c) impose and foreclose special assessment liens as provided in the Act; and (d) exercise all other powers necessary, convenient, incidental or proper in connection with any of the powers or duties of the District stated in the Act. In addition, if the District has obtained the consent of the local general-purpose government within the jurisdiction of which such power is to be exercised. to plan, establish, acquire, construct or reconstruct. enlarge or extend, equip, operate, and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses. The District has been authorized to exercise such special recreational power by ordinance of the Board of County Commissioners of Collier County. Florida. The Act does not empower the District to adopt and enforce land use plans or zoning ordinances and the Act does not empower the District to grant building permits, which functions are performed by the County acting through its Board of County Commissioners and its departments of government. 17 ~ J ! " I I I \ \ J 1 6G 3 Board of Supervisors The goveming body of the District is its Board of Supervisors (the "Board"), which is composed of five Supervisors (the "Supervisors"). The Act provides th.t .tthe initial meeting of .he landowners Supervisors must be elected with the twO Supervisors receiving the highest number of votes to serve for four years and the remaining Supervisors for a twO-year tem. Three of the five SuperviSOrs are elected to the Board every twO years in November. At such election the two Supervisors receiving the highest number ohotes are elected to four-year tenos and the remaining Supervisor is elected to a twO-year tenn. Four supervisors norma11Y serve a four-year tem while the fifth supervisor nonnally serves a twO-year tem. Until the later of 1998 or the year in which there are at le.,t 250 qualified electors in the District, or such earlier time., the Board may decide to exercise its.d valorem taxing power. the Supervisors are elected by vote of the landowners of the District. Ownership of the land within the District entiUes the owner to one vote per acre (with fractions thercofrounded upward to the nearest whole number). The Act provides that commencing upon thel.ter of 1998 or the year in which there are at least 250 qualified electors in the District, the Supervisors wiD be elected by the electors of the District in the manner prescribed by F1oridal.w for holding general elections. Ifthere is a vacancy on the Board, the remaining board members are to fin each vacancy for the unexpired term. The current members of the Board, the occup.tion and the teno of each member are set forth below: Name Member of the Title Board Since Term Expires Occupation James M. Reinders. Raymond G. Harris. Charles F. Bailey. Peter R. Comeau... Ralph B. Klass" Chairman Supervisor Assistant Secretary Assistant Secretary Assistant Secretary 1996 1996 1996 1996 1996 2000 2000 1998 1998 1998 Real Estate Devdoprnent Real Estate Development Rtal Estate Deve10pmenl Real Estate Devdoprnent Real EstateDeve10pmenl . Affiliate of Landowner .. Affiliate of Golf Course Developer ... Affiliate of U.S. Home The Act .uthorizes the Board to hire such employees and agents .. it m.y determine necessary. Young, van Assenderp & Varn.doe, P.A. N.ples and Tallahassee, Florida, serves as counsel to the District. The District h.. retained Greenberg Tr.urig Hoffman Lipoff Rosen & Quentel, P.^-. Tallah...... Florida,.. Bond Counsel. The District h.s retained Gary L. Moyer. P.A. as District Manager and Fishkind & Associates as Financial Advisor. IS _J. - .Jl. - -- -.............. 1 6G 3 Pursuant to the Act, the District has retained Agnoli, Barber & Brundage, Inc., Naples, Florida. as Consulting Engineer (the "Consulting Engineer"). ! , , ! I i I I \ I I i l The District Manager The chiefadministrative official of the District is the District Manager. The Act provides that the District Manager has charge and supervision of the works of the District and is responsible for preseMng and maintaining any improvement or facility constructed or erected pursuant to the provisions of the Act, for maintaining and operating the equipment owned by the District, and for performing such other duties as may be prescribed by the Board. Gary L. Moyer, P.A. serves as District Manager. Mr. Moyer is actively involved in the management of more than 40 special districts throughout the State of Florida, including community development districts, that have collectively issued in excess of$4oo million of bonds in more than 40 separate financings. Mr. Moyer has served on the Board of Directors of the Association of Special Districts, the 208 Water Quality Board and the Broward County Areawide Clean Water Advisory Board. Oursranding Debt The Bonds are the first bonds issued by the District. The Development, the Landowner and U.S. Home The information appearing below under the caption "General" and the information appearing below under the caption "Market for the Development" has been furnished by the Landowner. Such information has not been independently verified by the District or the Underwriter and neither the District nor the Underwriter makes any representation or warranty as to the accuracy or completeness of such information. Neither the Landowner, as to information furnished by U.S. Home, nor U.S, Home, as to information provided by the Landowner, makes any representation or warranty as to the accuracy or completeness of such information. General. Heritage Greens is being acquired by Heritage Greens Development Limited Partnership (the "Landowner"), a Delaware limited partnership, consisting of Ronto Developments Naples, Inc" a Florida Corporation, as general partner and The Prudential Home Builders' Capital Associates One Limited Partnership, as limited partner. Heritage Greens is being acquired for a purchase price ofS750,000, subject to a first mortgage in the amount of approximately S5.6 million, including accrued interest, and subject to certain liens of record in the amount of approximately S2 million. The Landowner has entered into a special agreement with the mortgagee, which provides for the acquisition of the first mortgage upon payment of approximately S5.9million, including accrued interest, and, separate agreements with substantially all of the other lienholders which will result in the extinguishment of such liens for aggregate payments in the amount ofSl,OOO,OOO. The acquisition of the property by the Landowner will be partially financed by a first mortgage loan from Heritage (Naples) PIP Investors Limited Partnership in the amount of approximately S3.5 million (the 19 '\ 1 6G 3 "Mongagc Loan")., v.ith the balaJ1ce of the acquisition being funded by equity contributions from the general and limited panners of the Landowner in the amount of $3,5 million. Upon cotnpletion of the acquisition, the Mongage Loan will constitute the only outstanding indebtedness~ against the property other than the Assessments securing the Bonds and customary liens for real estate and other taxes which are not delinquent. , Heritage Greens is located northeast of Naples in the Urban Estates Planning Community of Collier County, Florida. Urban Estates consists of 26,147 acres designated in the 1939 Growth Management Plan of Collier County as environmentally tolerant and undeveloped, indicating that such area is appropriate for development. Heritage Greens is a 251.52~acre planned residential development of approximately 529 home sites to be comprised of attached and detached residences, an I8-hold championship public golf course and clubhouse, tennis courts, and several lakes. All residences will be located adjacent either to the golf course or to one of the lakes. The eighteen hole golf course will be owned by Klass - Ronto Associates, a Florida general partnership, consisting of Ronto Golf Enterprises, Inc" a Florida corporation and an affiliate of the Landowner, and Klass Golf Enterprises, Inc., a Florida corporation, an entity owned by Fjchard L. Klaas, an independent golf course owner and operator. The golf course partnership will be capitalized with (i) a capital contribution from the Landowner in the form of approximately 152 acres of land valued at approximately $1 million, (ii) a capital contribution from the Kla~s entity of $1.5 million in cash, and (iii) the proceeds of a $4 million loan from an unrelated lender specializing in golf course financing. COMPLETION OF THE GOLF COURSE IN ACCORDANCE \\'lTH THE PLAN DESCRIBED HEREIN IS A CONDITION TO TIlE OBLlGA TION OF U.S.\HOME TO TAKE DOWN LOTS UNDER THE OPTION AGREE1v1ENT DESCRIBED BELOW. Marketfor the Development Dunng the 1980's, Collier County was the f.!:~Sl growing Urban County in the United States. By the year 2010, the permanent population of unincorporated ,. Collier County's Coastal Urban Area is projected to grow 209 percent from 105,505 persons in 1990 to 325,551 persons in 2010, an increase of 220,046 persons, according to est~mates pro\-ided by Collier County's Long-Range Planning Department. Heritage Greens is located within an area designated by Collier County's ~omprehensi~e growth management plan as the Urban Estates community. The Urban Estates community is the fastest growing Planning Community District (PCD) in Collier County, according to estimates of Collier County's Long-Range Planning Department. Census estimates project that by 2010, the permanent population of the Urban Estates PCD is projected to 'ilow 413 percent from 4,585 persons in 1990 to 23,280 persons in 2010, an increase of 18,745 persons. Moreover, the Urban Estates has the greatest demomtrated potential for growth of any of the urban-county's planning communities. A total of 16,957 acres or 64.9 percent of the land area in the Urban Estates PCD is "undeveloped, environmentally tolerant" indicating that these undeveloped acres are developable under existing environmental and wetland laws and regulations. Latest available data demonstrates that Urban Estates had 318.4 total acres zoned commercial, a total of78,53 acres, or 24,7 percent ~~ It , 20 , ~- _'._~ "..-. '_. ..."'_.,...._---""'-.--..-..~,......~~.. -'''Ii -.--.. ' - ~Jl .,-.-. ... '~r-""""""'-- .......--T .- -------- .- 101 1 6G 3 of the total, was developed for commercial or other land uses by late 1991 and 239.91 acres, or 75 3 percent of the total of 318.4 acres, remained undeveloped at that time. It has been estimated that the Urban Estates will achieve an estimated 15-year increase of 4,679 new single-family homes (a 132,7 percent gain during the period 1995-2010) and 3,085 of new multi-family units estimated for the saIne period (a 187.6 percent increase) which will generate a population base derived from the estimated 7,764 new residences to support the accompanying development of commercial acreage predicted. Furthennore, Immokalee Road, bisecting both the adjacent North Naples Planning Community, the County's largest PCD in absolute numbers, and the Urban Estates is projected to have a resident population of approximately 100,000 persons by the year 2010 concentrated in an area from the Gulf of Mexico just north of the City of Naples to Interstate 75, Presently, \\o'ithin a 4-mile radius of Heritage Greens are a new elementary school located adjacent to Heritage Greens, a new middle school, North Collier Hospital, a community shopping center, and a community park. Gulf beach access and the Wiggins Pass marina are six miles northwest of the planned development. Product Type and Target }"-farket.. Of Heritage Greens' 251.52 acres, 101 acres will be occupied by an I8-hole golf course and five acres will be used for the clubhouse and tennis courts. Residences will occupy 73 acres of which 19 are anticipated to be attached villas (six-plexes), 31 acres are anticipated to be detached single family homes on 55 foot and 60 foot wide lots, and 23 acres are anticipated to be a combination of twin villas and four unit coach homes_ Base product pricing (home and lot packages) is expected to range from a low of $115,000 for the six-plex villas to a high of $203,000 for the 60 foot single family detached homes, Another 51 ac!res will consist , oflakes and wetland preserves, and 22 acres will be used for landscape buffers, roads and rights-of- way. The series oflakes will ser./e not only an aesthetic function, but will also comprise a part of the water management system of the District being financed with the proceeds of the Bonds. The foregoing prices reflect the capabilities of first- and second-time home buyers as well as retirement home buyers. The median income in 1989 ofall households in Urban Estates was $45,474, according to the 1990 U.S. Census, which, at the accepted standard of one third of income available for expenditure for housing, means that home buyers at or near the median would be able to spend $15,158 per year or $1,263 per month for housing. This level of income adequately supports a monthly owner housing cost (the sum of mortgage payments, real estate taxes, property insurance and all utilities) of $1,235, calculated for the median price of homes to be developed in heritage Greens ($160,000), The Option Agreement U.S. Home Corporation ("U.S. Home") has entered into an Option Agreement with the Landowner, dated as of February II, 1993, as modified by an Amendment to Option Agreement, dated as of June 4, 1996, and as further amended by a Second Amendment to Option Agreement, dated as of December 6, 1996 (collectively, the "Option Agreement"), pursuant to which, subject to certain conditions contained in the Option Agreement, the Landowner has ~ 21 1 6G 3 granted to US, Home an exclusive option to acquire, and U.S. Home has agreed to acquire, 180 villa sites and 158 detached 55-foot and 60-foot single-family homesites at the price per lot of S22,500 per viila site, $42,500 per 55-foot single family site and $46,750 per 60-foot single family site, An additional site can be acquired by U.S. Home upon payment to the Landowner of the costs incurred in developing the site. The obligations of US. Home under the Option Agreement are conditioned upon. among others: (i) US. Home' approval of all design plans and performance by the Landovmer of permitting a11d development mthin one hundred eighty (180) days of the timetable set forth in the Agreement; (ii) obtain a....l agreement mth a third pany to build and operate a golf course and clubhouse which mil be open to the general public; (iii) obtain all governmental approvals necessary (including, but not limited to, rezoning) for U.S, Home to apply for building permits, and that any approvals not obtained will not prevent or substantially delay the ability to obtain building permits; (iv) obtain Dis.trict financing for the infrastructure for Heritage Greens on terms satisfactory to U.S. Home; (v) obtain all land development contracts necessary to develop the land~ (vi) apply for a modification of the water management permit to allow withdrawal of water for irrigation facilities needed for lots in excess of the needs for the golf course; and (vi) obtain an agreement between the master homeowners association and the golf course developer satisfactory to U.S. Home. In addition to the foregoing conditions precedent, there are also conditions subsequent which must be satisfied by the Lando\lmer as conditions to the continuing obligations orus. Home under the Option Agreement. The preceding is not intended to be an exhaustive list of the conditions precedent and conditions subsequent to U,S. Home's obligations under the Option Agreement, but only a summary of certain of such conditions Reference is hereby made to the complete text of the Option Agreement, which should be read in its entirety, for a complete description and understanding of such conditions, Upon satisfaction of the conditions precedent to the Option Agreement, described and referred to above, U.S. Home will have deposited in escrow S250,OOO in cash plus a Sl,250,OOO letter of credit as security for the perfonnance of its obligations under the Agreement. The $250,000 in cash will be credited pro rata as a part of the purchase price of each lot in accordance with the Optional Agreement Takedown Schedule and the letter of credit will be released quarterly in a similar J112.1'lr.er. Upon default ofU S, Home under the Option Agreement, damages to the Landovmer would be limited to the cash deposit and remaining balance of the letter of credit. Beginning in the second calendar quarter following the satisfaction of all of the conditions listed above, the schedule for the purchase of homesites will be as follows (the "Option Agreement Takedown Schedule~): t 22 ."~~~-,,,,-,""'~'II"'~~---- _._-------~ .. .----,.~--............-~.,.-- ~~"T.__ 1 6G 3 Calendar Quarter Villa Villa Single-Family Sir.gle-Family Total AJlrrlIlitia] C I 0 5 i ng Homesites Pa)ment~ Homesii~ Payments Paymems Initial Closing 6 $135,000 0 0 S 135,000 2nd 12 270,000 ]3 552,500 822,500 3rd ]2 270,000 13 552,500 822,500 4th 18 405,000 13 552,500 957,500 5th ]2 270,000 13 552,000 822,500 6th ]8 405,000 13 552,500 957,500 7th 12 270,000 13 552,500 822,500 8th ]8 405,000 13 552,500 957,000 9th ]2 207,000 13 552,500 822,500 10th ] 8 405,000 13 552,500 957,500 11 th 12 270,000 13 552,500 822,500 12th 12 270,000 ]4 595,000 865,000 13th 18 405,000 15 595,000 1,000,000 Subtotal 180 $4,050,000 158 $6,715,000 $10,756,000 Price Differential 60 Ft. Lots 127,500 Total Exercise Price $10,892,500 In addition to the foregoing, U.S. Home will be required to pay to the Landowner quanerly option maintenance payments at the rate of 2% per quarter, starting ninety (90) days after the first takedown. PRlOR TO LOTS BEING TAKEN DOWN, U.S. H01vfE WILL NOT BE REQUIRED TO PAY ANY ASSESSMENTS COrvrING DUE ON LOTS. V.s. Home Corporation. U.S. Home is a Hous~on-based publicly traded Delaware corporation (NYSE symbol "UH") organized in I 954 and incorporated in 1959. U. S. Home currently builds and sells houses in more than 200 new home communities in 32 metropolitan areas in 12 states. Since its formation, U.S. Home has delivered more than 260,000 homes, U.S. Home is one of the largest single-family homebuilders in the United States based on homes delivered, with consolidated assets of $959 million as of September 30, 1996 (including $892 million relating to its housing operations). For the calendar year 1995, U.S. Home had housing operating income of approximately $56 million and total income before income taxes of approximately $59 million, reflecting increases of approximately 91'10 and approximately 13% respectively, from the prior year, As of September 30, 1996, and for the nine months then ended, U, S, Home generated housing operating income of S46 million and total income before income taxes of $50 million, reflecting increases of] 8% and 22%, respectively, from the same period 1995, u.s, Home and certain of its affiliates commenced proceedings under Chapter J J of Title J J of the United States Code on April 15, J 99 J, in order to restructure their indebtedness a.."ld o~hcr 23 Calendar Quarter After Initial Closing Villa ~~ 1 6G ..., ) Villa Single-Family Single-Family Total Payments }-Iomesites payments byments $13 5,000 0 0 $135,000 270,000 13 552,500 822,500 270,000 13 552,500 822,500 405,000 13 552,500 957,500 270,000 13 552,000 822,500 405,000 13 552,500 " 957,500 270,000 13 552,500 822,500 405,000 13 552,500 957,000 207,000 13 552,500 822,500 405,000 13 552,500 957,500 270,000 13 552,500 822,500 270,000 14 595,000 865,000 405,000 15 595,000 1,000,000 $4,050,000 158 $6,715,000 S10,756,ooO Initial Closing 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11 th 12th 13th Subtotal 6 12 12 J8 12 18 12 18 12 18 12 12 18 180 Price Differential 60 Ft. Lots 127,500 lotal Exercise Price S10,892,500 In addition to the foregoing, US Home will be required to pay to the Landowner quarterly option maintenance payments 3t the rate of 2% per quarter, starting ninety (90) days after the first takedov.n PRIOR 10 LOTS BEING TAKEN DOWN, US, H01vfE Wll..L NOT BE REQlJIRED TO PAY Al\ry ASSESStvrENTS COMING DUE ON LOTS. u.s. Home Corporation. US. Home is a Houston-based publicly traded Delaware corporation (NYSE symbol "00") organized in 1954 and incorporated in 1959. U.S. Home currently builds and sells houses in more than 200 new home communities in 32 metropolitan areas in 12 states. Since its [annation, U.S. Home has delivered more than 260,000 homes. U.S. Home is one of the largest single-family homebuilders in the United States based on homes delivered, with consolidated assets of $959 million as of September 30, 1996 (including S892 million relating to its housing operations), For the calendar year 1995, U.S. Home had housing operating income of approximately $56 million and total income before income taxes of approximately S59 million, reflecting increases of approximately ~/o and approximately 13% respc:aivcly, from the prior year. As of September 30, 1996, and for the nine months then ended, US Horne gmera1ed housing operating mcome of ~6 rrjllion and total income before Income taxes of S50 minW11, reflcaing increases of J8% and 22"/e, respectively, from the same period 1995 US Home and certain of its affiliates commenced proceedings under Chapter 11 of Title 11 of the United States Code on April IS, 1991, in order to restmcture their indebtedness and other 23 , 1 6G 3 liabilities On May 25, 1993, the United States Bankruptcy Court for the Southern District of New York entered an order confirming the first amended consolidated plan of the reorganization of U.S. Home of cenain of its affiliates. Such order became final on June 21, 1993. At that time. U. S Home also completed a public offering of$200 million principal amount of9,75% senior notes due 2003. the net proceeds from which were utilized to pay a portion of the claims of certain unsecured creditors of U.S. Home under the plan of reorganization and to repay outstanding amounts under U, S. Home's debtor-in-possession financing facility, The plan of the reorganization effected a recapitalization of U.S, Home and did not result in a reduction in the scope or other major restructuring of U.S, Home's operations. During the proceedings, U.S. Home continued its home building operations in the ordinary course. U.S. Home reported approximately $38 million of pre-tax earnings in 1993, Heritage Greens will be the thirteenth (13th) master-planned golf course community with wrjch U.S. Home has been involved in the NaplesIFort Myers/Sarasota area. Set forth below is a summary. expressed in number of housing units, new orders taken, deliveries and backlog (i.e.. homes under contract for sale but not yet delivered at end of year) ofsingJe-family homes for the year 1991 through 1996, for all operations of U.S. Home (all of which are in the United States) and for Florida operations of U. S. Home. United States (inlli.w.El..QillW 9 Months 9 Months 1221 1m l22l J..m l.2.22 Endin g Ending ~ ~ 3,975 3.274 6,4]8 6,234 6,959 5,757 6,147 3,599 5,015 5,586 6,387 6,779 4,991 5.213 1.614 1.872 2.704 2.551 2,731 3,317 3.665 New Orders Taken Delivenes Backlog ~ Backlog N/A 1,654 N/A 1,49] N/A 693 1,975 ],705 967 2,2]7 ],948 1,146 2.081 2,24] 986 1,755 ],67] 1,230 1.775 New Orders Taken Deliveries 1.582 1,180 U. S. Home has built a strong reputation nationally since 1954 and within the southwest Florida area since entering the local market in 1962, Currently, U.S. Home is actively marketing within founeen communities in southwest Florida. U.S. Home has constructed over 20,000 homes in southwest Florida, and consistently has been ranked as the number one building within the area for the last twenty ye~rs. U.S. Home has received the prestigious "Builder of the Year" award from Professional Builder Magazine three times, most recently in 1995. U.S. Home's sales programs focus on its "Zero Defect" Program as a marketing tool and its cost savings due to national purchasing agreements The Zero Defect Program is a quality assurance program. with major emphasis on construction. US Home has received numerous awards and recognitions including the 24 ............ .:b.~ 1 6G 3' Diamond Builder Award for Excellence in Consumer Satisfaction from the 2-10 Home Buyers Warranty Program U.S. Home is subject to the information reporting requirements of the Securities Exchange Act of 1934, as amended, and in accordance therewith files periodic reports, proxy statements and other infonnation with the Securities and Exchange Commission (the "SEC"), which are hereby incorporated herein by reference. Such reports, proxy statements and other information may be inspected and copied at public reference facilities of the SEe at 450 Fifth Street, N.W., Washington, D.C. 20549; and at the SEC's regional offices at 7 World Trade Center, 13th Floor, New York, New York 10048, and 500 West Madison Street, Suite 1400, Chicago, U1inois 60061. Copies of this materia) can also be obtained, by mail, at prescribed rates from the Public Reference Section of the SEC at its principal office at 450 Fifth Street, N.W., Washington, D.C. 20549. The Landowner. The general partner of the Landowner is Ronto Developments Naples, Inc., Florida corporation, a related entity of Ronto Management Group, formed in June of 1996 to take title to the land, develop the infrastructure and market the Heritage Greens community. The Ronto Group has been in existence since 1971, when it was first formed as a Canadian home-building company. Since that date, Ronto has significantly expanded into a major land development and construction organization, The Ronto group of compan.ies (which includes corporations and partnerships that are not involved in the Heritage Greens project) brings a wealth of experience to any proposed project. From its initial exper1ise in expediting and obtaining project approvals, through the many demanding phases of construction, to the final facets of the land development and building industry, The following list of Ron to projects is testimony to the extent and scope of the Ronto group of companies' experience. In all cases these projects were administered, managed and supervised throughout by one or more of the Ronto group of companies, L.iill.d Develo.PID.tnLfioj eels. "Brantwood Park," Brantford, Ontario. A 2,000 unit residential community on 350 acres in northeast Brantford, In 1978, after gaining subdivision approval, commenced servicing and construction of homes in the first phase, Ronlo sold the balance of the proj ect to Wimpey PLC. "Windermere," London, Ontario. Recognized as London's premier residential area. this 300 acre area adjacent to the University of West em Ontario contains over 900 home sites, Commencing in 1976 Ronto processed this land assembly through the required municipal approvals, completed much of the required semcing and obtained subdivision registration. In 1986, after having sold approximately 500 lots to local builders, the remaining acreage was sold. "Wellington," Brampton, Ontario, Sold to major homebuilding interests, this 1.040 acre community, together with adjacent lands comprising 2,000 acres in total, was brought to the 25 ~M;~ "..1._ . t~~;;\;. l~~\~ >;"{;:~:' )~ 1 6G 3 development state by Ronto It constitutes the largest Metro area residential land assembly since Erin Mills and Meado\Wale "Gates of Hi!!sboro," Deerfield Beach, Florida. A 245 single family home subdivision invoived both land development and a home building construction program. The project was completed in 1980. "Independence Bay," Deerfield Beach, Florida. This 550 acre project involved both a major land development and construction program, In its residential section, 821 single family villas and garden apartments were constructed and sold by 1988 for a sell-out value of SS3 Million. ~~t "~ \.1,',~r_ )f\{!:~ '-....~~";t.. i~r~3\i "'-"'1 "Key Marco," Marco, Island, Florida. A private island just southeast of Marco Island, Florida, consisting of 134 single family homesites. This highly amenitized upscale community required over two years to permit and was completed in late 1994, Homesites are presently being marketed from $200,000 to over $1,000,000. lliUldin~ C..Qllstruction Projects. "Market Square," Toronto, Ontario. An exclusive, S 125 Million., 306 unit condominium apartment and 75,000 square foot shopping mall and parking garage complex in downtown Toronto, Winner of many housing and design awards. The project was completed in 1984. "St. James Square," Toronto, Ontario, A multi-use site in downtown Toronto comprised of two buildings, The "Journey's Court" Hotel and a 65-unit residential condominium block represents a total value of about $32 Million This project was completed in 1987. "Eglinton Park Place," Toronto, Ontario. A 170-unit apartment condominium building on Eglinton Avenue West overlooking the Humber Valley. This project was successfully completed in 1988. fll . ~.~ .->'" ..... "Willia.'11 Villano Building," Toronto, Ontario. A 140-unit apartment building built on a t1.1mkey contract for the International Ladies Garment Workers' Union. This project was completed in 1986. "ii:~~ ~'i:';:t'; .., . - I.. . ~~~~~ . {I' i\J t. {!,:!~:!i "The ~.A.R.c. Project" and "Parkview," Toronto, Ontario. Two 9O-unit aparlment buildings occupying a single site on Bathurst Street, Th~ buildings were built on a turnkey contract and completed in 1985, The M.A.RC. building was sponsored by the Jewish Congreu Major MacKenzie Drive Project." Richmond Hill. (Toronto) Ontario. This is a multi-building apartment complex Oil a single sileo This project commenced in 1986 and was completed in 1988. It was comprised of: (a) 5: Marks Apartments - a ISO-unit turnkey project for the Richmond Hill Ecumenical Council. 26 .~~--- ~.,... _. .......-.'" 1 6G 3 (b) Rosetovvn - a Provincial1y sponsored turnkey project of 125 senior citizens apanment units (c) MacKenzie Square - a 220-unit condominium building, The total project embraced some 17 acres and was valued in excess of S45 Million. "Riverside Court," Toronto, Ontario. A 218-unit condominium apartment building on Weston Road which overlooks the Humber Valley. This tax shelter project was completed in the fall of 1989. "Burrows Hall," Scarborough, Ontario. A 108-unit turnkey project for the Scarborough Heights Co-op, Inc, This project was completed in the fall of 1989. "The Jack Goodlad Building," Scarborough, Ontario. A 170-unit turnkey senior citizens apartment buuding on l.a\l,'T~ce Avenue East integrated with the following project. This project was completed in the summer of 1989, "3000 Lawrence Medical Building," Scarborough, Ontario. Adjacent to Scarborough General Hospital, an existing ocrupied medical center was completely renovated and an extension of 12,000 sq, ft. and parking garage added for a total expenditure of S 1 0 Million, "Observatory Land," Riclunond Hill, Ontario. A 350-unit farrjly and seniors turnkey project was buiit for the Richmond Hill Ecumenical Church Group. Construction of the project was completed in the spring of 1991. Total value of this project was approximately $40 Million, "Scarborough Fair," Scarboro'Jgh, Ontario. A 550-unit condominium building at Lawrence and tviidland Avenues The project also contained approximately 50,000 sq. ft. of retail and commercial space "Grandview Shopping Center," Oshawa, Ontario. This 60,000 sq. ft, commercial center was constructed and leased up by Ronto and sold in September of 1990. "SiJver Lake," Boynton Beach, Florida, A 151-home subdivision constructed and sold, This project was completed in 1987 for a sell-out value of $25 Million. "Royal Marco Point" and "The Habitat," Marco Island, Florida. These two developments are in the remaining sections of the exclusive "Hideaway Beach" project at the northerly tip of Marco Island, "The Habitat," consisting of 52 condominium units, set on the fairways of the Hideaway golf course, was sold out by 1989 for $15 Million. "Royal Marco Point" is a beach-front development of 315 viDa and IT'jd-rise condcminiums with prices ranging from S290,000 to over S 1,100,000. Total sell-out value is over $170 Million. The project will be completed in 1997. 27 ....~ -.-....~_..~--... ....- ----............- -- -.-.-- -"..... 1 6G 3 Primary Housing. A joint venture was formed \I.;th JvfICC Properties, Inc to develop affordable housing in the ('.rreater Toronto Area, To date, a 288-unit townhouse development (104 social housing units for York Region Social Housing and 184 market condominium units) in Newmarket and a 59-unit townhouse project in Barrie has been completed. A 186-unit turnkey development in Whitby is currently under construction. A 148-unit development in Brampton, a 225-unit development in Mississauga and a 143-unit development in Oakville commenced in the summer of 1992. In the planning stages is a 151-unit project in Brampton. Officers and Directon, James M Reinders. Mr. Reinders brings over 18 years experience in real estate development, construction, sales and management to his role of Chief Executive Officer of the Ronto Companies (U,S.), Under his direction, Ronto has developed, constructed and/or owned residential and commercial projects valued in excess of $350,000,000. Mr. Reinders is a graduate of the University of Florida Law School. Willi.w'J......Sm:.dn Mr. Snyder is Vice President of Finance and Controller for Ranto Developments and has over 20 years experience in all aspects of real estate acquisition, development, construction and management. As a controller for W.R, Grace & Co, Real Estate Division, his responsibilities involved projects in six states and annual sales in excess of S300,OOO,OOO. Bill joined the Ronte Companies in 1982 and has had financial responsibility for projects totaling in excess of 5300,000,000 in sales volume. Bill holds an MBA (Finance and Accounting) from New York Universiry, as well as Real Estate Broker, Commuruty Associalion Manager and Mongage Broker licenses Ansela E Lespe~. Angela is the Sales and Marketing Director for Ronto Developments. Born in The Hague, Holiand she was edUal.ted in Holland and Canada and is fluent in five languages, She has completed extensive real estate management, interior design and marketing post graduate studies. She has 20 years (the past 15 years with Ronto) experience in the real estate profession, focusing on marketing and sales of the ultra-luxurious condominium markets, with a sales value in excess of $800,000,000. Additionally, Angela previously owned and operated her own real estate marketing and consulting firm, Ra:m1ond G Harris, Mr. Harris is Vice President of Site Development and Environmental Permitting for Ronto, Ray has over 20 years experience (9 years with Ronto) in the field of surveying, civil engineering, design and planning, Ray ha.s dealt extensively with all major Florida environmental agencies, as well as the U,S, Army Corps of Engineers, He has managed in excess of $100 Million in site development contracts, Prior to joining Ronto, he worked for 10 years with Kieth and Schnars, P,A., as Project manager of a 300-employee engineering firm. MaI:k.la)1Qr, Mr. Taylor is the Land Development SupeT\.;sor for Ronto Developments and has 22 years experience in landscape design, installation, land clearing, large.tree transplanting and maintenance During his 9 years with Ronto, he has also supervised road construction and 28 ....~.-----, .._-.-~--.- _...._"..-----~-_._------"" M -___~ ._ ,r-"'---'-____ ~-- -....... -- -~ __..".____ ..".,t.lP. 1 6G 3 underground utility installation. Mark works closely with governmental agencies to protect endangered flora dn fauna, He has designed landscaping plans for more than 50 projects involving over 15,000 housing units CJ.r.ed Bailey. 1v1r, Bailey, Project Development Analyst, jointed Ronto in January of 1995 He has over 16 years of experience in real estate sales and finance. Prior to joining Ronto, Mr. Bailey was Senior Vice President for Barnett Bank of Naples, in charge of commercial real estate lending in the Collier County, Florida market, Fred holds a B.S, degree in Economics and an ?v1BA (Finance) from West Vrrginia University. He also graduated, with honors, from the Stonier Graduate School of Banking at the University of Delaware. Additionally, Mr, Bailey holds a Florida real estate license aIld mortgage brokerage license. Tax Matters The Internal Revenue Code of 1986, as amended (the "Code"), includes requirements which the District must continue to meet after the issuance of the Bonds in order that interest on the Bonds not be included in gross income for federal income tax purposes. The District's failure to meet these requirements may cause interest on the Bonds to be included in gross income for federal income tax purposes retiOactive to the date of issuance, The District has covenanted in the Indenture to take the actions required by the Code in order to maintain the exclusion from federal gross income of interest on the Bonds, In the opinion of Bond Counsel, rendered on the date of issuance of the Bonds, assuming continuing compliance by the District with the tax covenants referred to above, under existing statutes, regulations, rulings and court decisions, interest on the Bonds is excluded from gross income for federal income tax purposes Interest on the Bonds is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, interest on the Bonds is taken into account in determining adjusted current earnings for purposes of computing the alternative minimum tax imposed on corporations. The Bonds have been designated by the District as "qualified tax exempt obligations" within the meaning of Section 265(b )(3) of the Code, the interest on which may be excluded from the allocation required of certain "financial institutions" under, and as defined in, Section 625(b) of the Code. Bond Counsel is further of the opinion upon the date of issuance of the Bonds that the Bonds and the interest thereon are exempt from taxation under the laws of the State of Florida, except as to estate taxes and taxes imposed by Chapter 220, Florida Statutes, on interest income or profits on debt obligations owned by corporations as defined therein. Except as de~cribed above, Bond Counsel will express no opinion regarding the federaJ income tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of the Bonds. Prospective purchasers of Bonds should be aware that the ownership of Bonds may result in other collaterai federal tax consequences, including (i) the denial of a deduction for interest on indebtedness incurred or continued to purchase or carry Bonds or, in the case of a 29 .~' ~,.. ::~:~ . ,_ ,.;...~. , ~" 1: ~ . ll~ ...-- """ '" .. I,,}'" :". . ,', '.. I " ..,',. 1 6G 3 t financial institution, that portion of an owner's interest expense allocable to interlt on a Bond, (ii) the reduction of the loss reserve deduction for property and casualty insurance companies by fifteen percent (15%) of certain items, including the interest on the Bonds; (iii) for taxable years beginning before 1996, the inclusion of interest on Bonds in "modified alternative minimum taxable income~ for purposes of the environmental tax imposed on corporations; (iv) the inclusion of interest on Bonds in the earnings of certain foreign corporations doing business in the United States for purposes of the branch profits tax; (v) the inclusion of interest on the Bonds in passive investment income subject to federal inCDme taxation of certain Subchapter S corporations with Subchapter C earnings and profits at the close of the taxable year; and (vi) the inclusion in gross income of interest on Bonds by recipients of certain Social Security and Railroad Retirement benefits. Agreement by the State Under the Act, the State of Florida pledges to the holders of any bonds issued thereunder, including the Bonds, that it \1.-;11 not limit or alter the rights of the issuer of such bonds to own, acquire, CDnstruct, reconstruct, improve, maintain, operate or furnish the projects subject to the Act or to levy and collect taxes, assessments, rentals, rates, fees, and other charges provided for in the Act and to fulfill the tenns of any agreement made with the holders of such bonds and that it will not in any way impair the rights or remedies of such holders, Legality for Investment The Act provides that the Bonds are legal investments for savings banks, banks, trust companies, insurance CDmpanies, executors, administrators, trustees, guardians, and other fiduciaries, and for any board, body, agency, instrumentality, county, municipality or other political subdivision of the State of Florlda, and constitute securities which may be deposited by banks or trust companies as securirj for deposits of state, county, municipal or other public funds, or by insurance companies as required or voluntary statutory deposits, Suitability fOT Investment While the Bonds are not subject to registration under the Securities Act of 1933, as amended (the "Securities Act") in reliance on exemptions contained therein, the Underwriter has determined that the Bonds are not suitable for investment by persons other than, and pursuant to Chapter 189, Florida Statutes, the Bonds may be offered only to, "accredited investors" within the meaning of Chapter 517, Florida Statutes and the rules promulgated thereunder. Prospective investors in the Bonds should have such knowledge and experience in financial and b\.lSiness matters to be capable of evaluating the merits and risks of an investment in the Bonds and have the ability to bear the economic risks of such prospective investment, including a complete loss of such investment Each prospective investor will be given access to such additional information, including the benefit of a site 30 ~tJ);'.';S;;tV~; ;)l"{,i..i; j; :' '\;.....',.,t .<. .~~,~~~~ -.1.:- t~ ~\1:; ,'.jl;l~:;.': ,'~"1 : ~1~;'':~ f.;~!. " ~~1,~~.\," , ....;~.~I. :[7f'N!~:: ::{::j~{0~;! "or.. t,~<i) ~~j~:-~} ._l,k~, :,;11~ :f:; \~,~ .' , .) I.' t ~;,: ~\'~: :..~., ......if~ \.~ {. ~f.~'~ x~g;: ~~1}"'~:1/i ~fIJ!: i:1J ~ a< t..l':~,)i> V;:1.;1: 'tj ~iii~ ~ ; .~'_\;i, ~::. i~0~: :~;{}':' '::'\~' f:r;'&~ :h~?\}li'~~';{::': . ..", ;:i,,<::;;:'r>,;~:"~~~~)}~f.>' . . .:- . "- !,I" l '\': ~ ..". ~.. . .' . ~ t" .. '." t...;' 1 6G 3 .....isit of the District and the oprortunity to ask questions of representatives of the Lando\.V11er and U S Home, as such investor deems necessary in order to make an infonned decision with respect to the purchase of the Bonds Prospective investors are encouraged to request such additional infonnation, visit the District and ask such questions. Such requests should be directed to: William J. Reagan Senior Vice President William R. Hough & Co. 792 Broad Avenue South Naples, Florida 34102 Telephone: 941 649-6077 Continuing Disclosure The Distnd and the Landovmer have covenanted for the benefit of O\.V11ers to provide certain financial information and operating data relating to the District and the Landowner (the" Annual Report "), and to provide notices of the occurrence of certain enumerated events, if deemed by the District to be material. The Annual Report will be filed by the District or a dissemination agent on behalf of the District with each Nationally Recognized Municipal Securities Infonnation Repository ("N"R.J\.1SIR") and State Repository, if any, as set forth in the Continuing Disclosure Agreement (Appendix F hereto) The notices of material events will be filed by the District or a dissemination agent on behalf of the District with the Municipal Securities Rulemaking Board and with each N~\.lS1R and State Repository, if any, as set forth in the Continuing Disclosure Agreement, Appendix F hereto The specific nature of the infonnation to be contained in the Annual Report or the notices of material events is set forth under the caption "Appendix F - Form of Continuing Disclosure Agreement" Thes~ covenants have been made in order to assist the Underwriter in complying with SE C Rule 15c2-12(b)(5) (the "Rule"), Neither the District or the Lando\.V11er have ever failed to provide continuing disclosure under the Rule Disclosure Required by Florida Blue Sky Regulations Section 517.051, Florida Statutes, and the regulations promulgated thereunder (the "Disclosure Act") requires that the District make a full and fair disclosure of any bonds or other debt obligations that it ha~ issued or guaranteed and that are or have been in default as to principal or interest at any time after December 31, 1975 (including bonds or other debt obligations for which it has served only as a conduit issuer such as industrial development or private activity bonds issued on behalf of private businesses). The District is not and has not since December 31, 1975 been in default as to principal and interest on its bonds or other debt obligations, 31 1 6G 3 Litigation There is no litigation of any nature now pending or threatened restraining or enjoining the issuance, sale, execution or deliver)' of the Bonds, or in any way contesting or affecting the validity of the Bonds or any proceedings of the District taken with respect to the issuance or sale thereof, or the pledge or application of any moneys or security provided for the payment of the Bonds, or the existence or powers of the District. Underwriting William R. Hough & Co. (the "Underwriter") has agreed pursuant to a contract with the District, subject to certain conditions, to purchase the Bonds from the District at a purchase price of par less Under\vr1ter's discount of S (%), plus accrued interest from January 1, 1997, The Underwriter's obligations are subject to certain conditions precedent and the Underwriter will be obligated to purchase all the Bonds if any are purchased. The Bonds may be offered and sold to certain dealers, banks and others at prices lower than the initial offering prices, and such initial offering prices may be changed from time to time by the Underwriter. Experts The references herein to Agnoli, Barber & Brundage, Inc., as the Consulting Engineer, have been approved by said firm, and the Report of Consulting Engineers, included in Appendix A to this Limited Offering Memorandum, should be read in its entirety for complete information with respect to the subjects discussed therein. Financial Advisor Fishkind & Associates has served as Financial Advisor to the District with respect to the issuance and delivery of the Bonds, The Financial Advisor has prepared the assessment methodology and advised the Disllict with respect to this Limited Offering Memorandum and other matters relating to the planning of the issuance and delivery of the Bonds. Validation As required by Florida, the Bonds were validated by final judgment of the Circuit Court of Collier County, Florida entered on April 29, 1994, which judgment has not been appealed and the appeal period for which has expired. 32 -.--.- ..---.-.-.. -..---- ------- ..- - ...........~--- --~ .-----. --., ---~ ~- ~...--..-.....-~ 1 6G 3 Lesat Mattcrt AJJ legal matters related to the authorization, issuance. ~e and delivery of the Bonds are subject to the approval of Greenberg Traurig Hoffman LipoffRosen & Quentel, P.A., Tallahassee. Florida, Bond Counsel. Certain legal matters will be passed upon for the Underwriter by its counsel. Nabors, Giblin & Nickerson, P,A, Tampa, Florida. Certain legal matters will be passed upon for the District by its counsel, Young, van Assenderp & Varnadoe, P.A., Naples and Tallahassee, Florida, and for the Trustee by its counsel, Holland & Knight, Miami, Florida. Miscellaneous Any statements made in this Limited Offering Memorandum involving matters of opinion or estimates, whether or not expressly so stated, are set forth as such and not as representations of fact, and no representations are made that any of the estimates will be realized. The references herein to the Bonds and other documents referred to herein are brief summaries of certain provisions thereof Such summaries do not purport to be complete and reference is made to such documents for full and complete statements of such provisions. This Limited Offering Memorandum is submitted in connection v.ith the sale of the Bonds and may not be reproduced or used, as a whole or as a part, for any purpose, This Limited Offering Memorandum is not to be construed as a contract with the purchaser or the Owners or Beneficial Q'Nners of any of the Bonds This Limited Offering Memorandum has been duly authorized, executed and delivered by the District. HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT December -' 1996 Chairman 33 1 6G 3 APPENDIX A REPORT OF CONSULTING ENGINEERS ,.~ ,."~~~~,",,,,,,__"""''-'-'':Y''~WM'I''~W''I _ ,_;JI'IOftI,~-_.,~...",~ ______ _ . _aIllIQIs_R 1 6G 3 (This page intentionally left blank) ~' ~~...-~.--_.__.._---~._..._-...-.._'_._- 1 6G 3 KERIT AGE GREENS COf-,lt\lUNITY DEVELOPMENT DISTPJCT ENGINEER'S REPORT Prepared for BOARD OF SUPERVISORS or HERITAGE GREENS COMMUNITY DEVELOPl\1ENT DISTRICT Engineer r\GNOLl. BARBER & BRUNDAGE. INC ProfessionClI Engineers. Planners & Land Surveyors 7400 Tamiami trail North Naples. Florida J4 108 November] 996 *~~~~ --~-."..-.--.. --~.-.............-.-._-- - ..---- TABLE OF CONTENTS SECTION TITLE 1.0 Introduction 2.0 District Boundary and Properties Served :1.0 General Description of the Project 4.0 Proposed Improvements and Associated Construction Co~;t!' \0 Proposed Assessment LIST Or- T..\f1LES NO Tl11& Propcny SumlT1ary (T:\ble I) 2 Summary of District Facilities ;1l1d Costs (Table 2) ~ .' District Facilities and Preliminary Opinion ot" Pronable Costs Distribution (Table 3) r:Mi.E. 1 bG 3 ., ., ~ .\ ~ .\ ~ () 7 - _. : l.Zr-..;,":; , :: I. ,\,..) l~.~~(t t.t'l1!:.<.... 0~~if;; i~II: i~;.~:,r~:.:: y.. I.. ''I.;: '1:' ,~~;::~.# i:;.:~~:':. f :{bh '~-~1 ,'j' y. -;~ ...~ -:. ~Iif:i . .J .J., i:.:~i~ .,),1.,. )._~ .~ '.~. " J~;,t ~~\ '\~)~ ):;1"'::.\::',: I,~(;t.~? ~{ .. ..',.;:: ~.::.': ,1\ '\" .'" .~ W;(:~ ~.'::\ ;':.!t:- /\~~~.~;E.:~ :';,;~~~~, ,.:,~ .~L ,r~~: e~f;~ ;fJ..j:; 1',i::,:'~: -~~~: y~~~ r~:~:,~:.: .; '.~;.,' ~ ;,: \ ~ J.,.!~ji: .:~:~,:.~'.~~:j. '.' .....;;.. ': r '. .~',~ ;.J}: \ :'-'~:" ,. ~ ~...~ . ". ~ 0:: :' '~;;r,: 'r .,_," '...;..'1., ...f,.....;', '.~.t' _t-.l ,~,1'1:;i:' ~ ~" Ii''' "':l' ___ . .'(~. t' "'/'I".:~.~~:..: I~~:''';< ..(",'t' ," , 1-. '. . -', ':'\'1: ,.r?:. :~'.~' ;,~/\;J:.;...,~;,\.,.:'\.,:~;;~'.:~'~..>::.~:~. ,'/."...:.> .:~,;I.'/ ,( l'~ .,:[';:: ,<;"; : :- 'j:'. :,:: 1 6G 3 HERJT AGE GREENS COMMUNITY DEVELOPMENT DISTRlCT ENGINEER'S REPORT 1,0 INTRODJlCTION Heritage Greens is a 252 acre planned residential and golf course community development located appro:\imillely 2 l11iles east of Interstate Highway 7\ on the south side of County Road 846, (Il11l11oblee Road), in Collier COllnty. Florida. In 1906 the local development nnd zoning npprovals fro the cOl11munity were ill11ended to increase the residential density and to rename the community to Heritage Greens. The configuration of the community is shown in E:\hihit I The purpose or this report is to describe thl.: Heritage Greens Community Devdopmcnt Districl, nnd the land IIses regardi ng the rroposed, rCCluired capital improvcmcnts ilnd timing thcreof. apponionmcnl o/'thc costs for c<\ril;1I imrro\'CI11Cl1lS. lhe recommended fin;lIlcing scellario. .1IHI prcliminary ilSSCSSI1\Cnl roll The Ilcrit;lge Grccns (formerly ~nO\""n as Dove Pointc) C()m1l1unit~. Dc\'eloplllelll Disnicl was cstablishcd Oil July 20, 1003 by Ihe Collicr County Goard oi'Co1l11l1issinncrs. pursuant 10 Ch''1l1er I ()O. r10rida Statutes for the purpose of providing an illterniltive method of l11ilnaging and financing basic services for the community development. ]n 1996 the name of the District was changed to Heritage Greens. The Heritage Greens Community Development Districl will give the rrofleny owners an efficient mechanism to: I. To assure (he delivery of basic community services at sustained levels of high qualit~. over the long lerm: 2, Use less expensive fronl end capital to finance the installation of infrastructure. -'. To economically pay for the operation and maintenance of infrastructure and services Therefore, landowner residents within the Heritage Greens Community Development District may Iypically experience lower unit assessment cost for capital infrastructure and the delivery of basic services and potentially lower administrative costs as a result of a localized single purpose government Item ized below (lre ,he systems f~cilitjes and services which are conlempialed for finanCing by the Heritage Greens Community Development District. \\' 1'.11I.( J-lll)( ; DOC /'i(, .. .__......'"'.._---.~---~-.....I-~T-u....-.-"'~-L~....~- ......:..I'~~Naai..............1l W ...........~.........,.,.- ~,--,--~ 1 6G 3 ::.0 DISTRICT BOUNDARY AND PROPERTIES SERVED The District is bounded on the north by Immokalee Road, (County Road 846). by the Laurel Oaks Elementary School. and Gulf Coast High School which is currently under constnJelion. on the east by the proposed extension (If Logan Boulevard. on the south and on the weSI by ~gricultur"l lands. Table I indicates the land uses and acreage proposed wilhin the District boundaries 3.0 PROJECT DESfR1PTION The e:\isting site is currently a partially developed :lrea: the undeveloped portion c:-\hibil:\ clc\'i1tions of approximately I J.O feet NGVD, Heritage Greens has il~ entry from Immoblee Road (County Road 846,) A network of District roadways will be construcled within tilt.: developmcnl. please refer to Exhibit # I for the proposed road layout. ThL: water management system for Heritage Greens has neen designed 10 opcratc Ihrough a series or Inlets which collect storm water which has fallen over the roads. residential lots .md rcen.:al ional gull' coursc This is achicved by conveying the storm walcr bt.:low ground throl,~h a nelwork of reinrorced conCietc pipes th~t disch:lrgc to tht: 'akL:s slral<.:~i(.;all\, IO(';;Jted Ihroll~hllul Ihl: gill!' course. Tllese lakes are interconnected with pipes such that their dcvations .lrt.: cqualized Tilt.: 1;1kl.:$ provide the necessary storage and water C]uality lrcatment as n:CJuirt:d by South r-lorida W;llt:r Mllnagcmcnt District and Collier County. After being retained and Ireatcd in thc lakes. the stnrm water is then discharged ai a controlled rate ofT.site to the South Florida Water Management District canal on the nOI1h side of Immokalee Road, In the future this drainage will be discharged to the south per modifications anticipated in the Collier County Basin Master Drainage Plan. Sanitary sewage is collected by a gravity system made up of pye pipes and manholes which are under the roads. The sewage nows by gravity to one of four pump slations located throughout the development. Three of these stations pump the sewage by pressurized PYC transmission mains to a master pump station. which then pumps off.site to a Collier County sanitary sewage transmission main along the south side of Immokalee Road. The water distribution system is fed from a transmission main along the north side of Immokalee Road Potable water services is provided to the area through a network of 6", 8" 10" ilnd 12" PYC pipes installed v.:ithin the right-of-ways of the development. WI'.1 (I,lI.j115(;. \)OC/')(, ") ~;~1IIIo1I..~-.........-'lft - .bM'11 ...,.-.---. -----.-..... 1 6G 3 40 CO\l~'UNlT\' DEVELOPl\lENT DISTRICT l~lPROVE~IENTS AND .'\'SSOCIA TED [Q~STRUCT10N COSTS Facilities. the construction maintenance and operation of which are to be financed by the District may include: Construction of on-site sanitary sewage collection and transmission system. ') Construction of on-site potable water distribution system. storrn\\'ater management ~ystel11 including collection facilities. and lakes for storage and wilter lluality. internal r0adways including paving. grading. street lighting. sidewalks. etc. :l Landscaping \\...ithin road right-or-ways. at project entry and on project perimeter. Ekmcnls. which will he constrtJclcd by the District. hut may he maintaim:d i1nd opcrnted h~' others \\.il\ IIH.:lude Sllllil:1ry ~cwagL: cn\\cction and trnnsl1li~sion s:r~ICIl\. which will be dedicated III Collier Cnun!y "Valer ami Sewer District ') Polllbk \Vlllcr di~trihulion s~'~lem. which \\'ill be dedicated to Collier County W;ller anti Sc\ver District :', 0 r)I~OPOSf:D ASSF...SSMENT c, I C:1ritill Prnie<;l Summ,HY A list of the proposcd Heritage Green~ Community District Capital Projects and the construction costs associated therewith is indicated in Tables 2 and 3 The total cost for the delivery of the infrastructure b'y the District to the Community Development. including financing costs is summarized in Appendix A "flrdi/ll;,w/J AS,\'('ss/IIr.:/l1 ^1r.:lh(JJ(J'(}~r & A/loco/in/l for Hr.:ri/age Greens COnJl11unity LJr.:I'c:/ofJ1I1C:1I1 Dis/ric/" prepared by Fishkind & Associates. Inc. Each of these systems. facilities and services falls under the category of allowable and authorized District activities as defined in Section 190. Florida Statutes and costs associated with each is reasonable, \\'1'.111.lqI15Ij.l)0(/1)(, 3 J '. .. 1 6G 3 (f) f- >- 0 W o...J O(f) ..J (/) ~~ zf- ~ CY ~ <{a <{ ::> ...J u.. 0 w wl= XI I U Q.. f-::> ~u i=(f) ~ <{u l.L.. N f-W Q..-:{ ..Jf- ...J VlX ::>0 :Jo 0 I r- ww ou L...J '-' 0 u I ~ ~ Q.. D . , . 'j . (. . \ . ~ I DOvr POINT[ OR HERITAGE GRITNS ~5N(\~ft ~ IIrIil3:N DACE.- P'NIU.Mo....' UO,(urof.,'. "M.u..,.. . '.DlII .Ql""llOt,Or'l JCALE: ....... _l'l_,~,-.__,-.,..u.. ,..,.... l"\ """,,1'lt~.S:11 .....~ 1,;'<ouo'Y"'"'-: :~ I"'t..., ,...,.. """ ,~ k.....n. r.. :noli I..)'.....,~'lll r_lt.l.~~ HTS ACAO _ 5IlU-O:Y f'UJT w:w f1LC HQ. lL; 51 TE PLAN EXHIBI T 1 .MDJ PRQE..E.E.JY DESCRIPTIill::! ESI;lle LOIs E'\ ecu t i ve LOIs Duple" Lots Coach Lots r-.lulti-f;ll11ily Lots (;olf (ourse Tr.lels ()p~11 SrilCf.: Tr;lcls RO.ld I~ight-or-ways P rcsc rve TOTAL: '.....}'.III-Il-1Il)( ;.I)()("/'J(, 1 6G 3' TABLE 1 PROPERTY SUf\.tMARY OUANTITY UNITS ACREAGE '27 '27 6 136 1:16 '25 S3 106 IS 20 80 6 ]80 l~O 17 145 '2:\ C) 529 Unit$ '25'2 Acre$ 5 ---- ----.---------- TABLE 1 SUi\IMAR Y OF DISTRICT FACILITIES AND COSTS FACILITY DESCRIPTION Roads Olher illll $1.480.510 S2. 926. C)C)O TOTAL $4,407,500 \\'1'-IIJ.II-lIJ~(j./)()CI,)(, 6 1 6G 3' n:;%;; jfi: :t[l;, "1 ~... '.': '~;~,:; ::: ~~iff):: .~.~ '{~' .1 jJt;li~ ~:~'~,!<r ~1~;~ '/, "'.' .t., f;.., 'c~: .'!\ ~. :!....... ~.t'" ~i.~~+;,: 'to" ~.' .~:,.... ;;,:;:tW',: ',<' . .,.;{.. "':"} ,.t f,~~l '{, ~,'.':'?r ~g;};:~ }P:;)~: ',. ).'..t :~\/t~~~: ;'r{.:;. t~~ ',; ;J. :g;i:;14 IL1r::; ;" ,,::;:~}. . , . ~ , .. l\:/~~~:: ",'; ':.{,~ ';;'\\{~: ..,'. '.., ';~ ., '{~.:~S.":'; '. Heritage Greens Subdivision Agnoli, Barber & Brundage Inc. November 19. 1996 TABLE 3 1 6G 3 DISTRICT FACILITIES AND PRELIMINARY OPINION OF PROBABLE COST DISTRIBUTION Water S334,682 $334,682 Sanitary System $693.4 76 $693,476 Drainage $438,773 $438,773 Water mgmnt. exc. fill to roads $112,705 $112.705 Water mgmnt. exc. and site grading $774,010 $774,010 Paving & Roadway 5913,088 $913,088 '--- Street Ligllts $60,100 $60,100 Front Enlrj Statement $30,000 $30,000 Contingency $100,000 $50,000 $50,000 Landscaping $300,000 $300,000 SUB-TOT AL S3.756,834 PERMITS, CONST MANAGEMENT AND ENGINEERING FEES Permit fees $3.466 $1,733 S1,733 Construction Plans $59,346 $19,584 $39,762 Permitting $35,000 $11,550 $23,450 Certification $45,000 $45,000 Utility Turnover $5,000 $5,000 Florida Power and Light $332,000 $332,000 Sprint United Telephone of Florida $53,355 $53,355 ---.:-.- Canst. Observation $117,500 $11 ,750 $105,750 RESIDENTIAL SUB- TOT ,.\L S650,667 $4,407,501 I $1,480,510 1 $2,926.991 I t TOTALS 7 c lJ'cal(j')\I>C~\I~blt)OA ,..tJ] ------ ~-'&------_.__._'~------'--_." - -. ROADS OTHER ~,.......... 1 6G 3 I\IETHODOLOGY FOR ALLOCATION OF EARTH FILL MA TERlAL In order 10 satisfy reCluiremenls for water management in the Heritage Greens Community the placement of canh till will be needed 10 elevale the land from the existing elev,'\tion to meet design grades. Fill will be placed bOlh wilhin the golf course as well as within the residential area. The design reCluiremenls of Ihe golf course will necessitate the placemenl of approximately ~:;O.OOO cubic yards of eanh fill material. Within the residential areas, fill will be required within the roadwilY areas in order 10 meet regulatory and design requirements. Fill material will be r~qllired within the development lots in order to promote drainage until such lime liS homes arc constructed While this Jill1l1;11Crial could he from an offsite source:, to import the fill nceded w(lulu be sigllirlc;]lltl~' 1l1O;e cnslly than to excavate lakes onsitc. In addition. onsite Jakes will also serve as 'VOller Ill;lnilgcl11l.:nt Llcililil.:S ;]Ild crCcHe an amcnit~. for the golf wurse and the wl11l1lllrlit\, as ;1 whole It is till.: inlcnl tll COIlSlruct the lakes to thc design depth ^ comhination of" Special ^sscsSl1lcnt Rcvenue Gonds ano priv;lIe funding sourccs will be used to fUlld thL: C\C<lV;]lioll of the lakes \\'1'.1!J,11~1t5(;I}OU'){, 8 ..........,..__.JI...... ...... 1 6G 3 METHODOLOGY FOR ALLOCATION OF THE COST OF THE STORM DRAINAGE COLLECTION SYSTEi\l The Herita~e Greens drainage collection system consists of a series of storm inlets. and concrete stonn culvcns wherein water is routed to lakes \vhich are within the golf course, These lakes have been interconnected by culvens which allow for equalization and conveyance of the storm '....ater to\\'nrds its ultimate discharge offsite. The costs associated with these facilities have been split between the gnlf course and the residential components of the community, the drainage was divided inlC1 three categories: TilE RESIDENTIAL CATEGORY - The rOl1ion of the drainage sy~tcm consi:\ts or Lll:ililies which provide the infrastructure srecifically tn drain the road~ within till: cummunityonly, The cost of these facilities should be horn by the n:sidential component 011\ y '1"11 E GOLF COURSE CATEGORY - This is the ponion of the drain.,gc Cacilities which were designed solely due to the existence of the golf course, These arc tyrically the culvel1s (as well as structures and headwalls) which serve to interconnect the lakes, The reasoning being that if not for the golf course. these interconnections could have been hy open swales Therefore. we felt the total costs of these facilities should be allocated to the gol f course component. THE SHARED CATEGORY - The facilities which would fall into this category would primarily be those drainage structures and culvel1s which serve to drain the back yards of the residential areas but will also serve to drain on the golf course. The cost of facilities within this category have been split between the golf course and the residential components equally, Attached is an Exhibit drawing which schematically identifies the drainage facilities to be in each of the three aforementioned categories WI'.III.II.J1l5(j,l)(lC/W, 9 :' i~':..',;~:' ~';~:/,:'~,>>,;: ~~7"2.'~ ~::>\; .;;;~,(,,:) ,::'>::::' .:."',~'. ';: ,:':; ',,~':: ','~" ,;: >:: ,'.",;'::; "~>:.; " '~. :;J.' ~: ::." ': :"~ .'~' '::..' ,:: : ':':~ .~!~ .' . ~.", '~'... ---- ~ N o .....:..--::--~::-:-:- .--.--- ---.- ..==.=-,'::-::...........:.=. !I ~ I "..--- :,..(." ( " II."" \ ) :::.'t I (!,Il/.;'. (. ( if!: \ .t,. ) ~~ " ~ I .:,'U I r- .' yi..___/.110 I~l a ~Ii ~ I!g lU -J 1,;.'1 \I.,;l \I It ( ~ I. ~..- " Ii ~ , I'. 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' ,-Jjllll i~ \. l I. \\.> \\)0\ , lOr I 1"1 j' """",-\ " c~ )lJ,i:\ !:\~~ ~\~ \'~ \\ .\ --::::.--__~\ ---;::.'" 1\ 1\ i\ ===:;::::=--::-..-f-,")-: I .\ ' II \~ :J ( , ;-:{ " ,,\..1' I \ " . 1\ \ J '.-T' i " II.\L- ~ 1'1\ III' i\ ;' , "-c="~,,,~ " · ) " " ' ) V ,/' _\..; I .""(" II r- ~'. ,\ d wi ! >- f ,,'-..) .}, .,.... ), 1(\ .ill l~ o , ,~I ;,1' ' \ ' I /11, I I ('\ I \ \\\ If.' ~1~ 1'1 I:" i\ \ \ "'\~\' ~ (/ I" \ II n, ' ," "" I l' i '. \,.,," 1" '1'1 V" \ \ / (). .<\ ~.:. : i ! Ii ,\ ) \ / '. \," c. I' \1 J I \ ; / () . \\ " ~ ' \ \11\ I · I' I' 1 /' .:, '. ...~ ~ II \ \\' '~ \ l (! '?:~ !j~\ ~ '1 \ I ~\J1- I ! '" r ,p~; ~~~.\ \ ITTi\l\\1 \IV ) \ . )it;-~t' =_i=~;~~~/~!\'''I~m ~) ),~\\\\ .. ("'."""___---- ,,/1\\ In , ('w_c'~c" ,,- · = i-F, /J\\ \ "'I !_':' ,~__/,/';c:--'--- -" _..~..c..=// j:,) '. \\ 'c, : " " , _ ", ,/ '--r~ /~'-,... f-~-L' i ._, ""'__" _,0' ,>J ',~ .: i'\ I~J\ --- ...., -: --~,,/ <,~) ",,' : . __ ___, '<...-J ; I I I I ! I I I , I ~ I ! , I I 1 6G 1 6G 3 STATUS OF APPROVALS AND PERMITS HERIT AGE GREENS \\'1'.111.11-l115(;I)Oc/')(, 11 .-. 1 bG 3 :\PPR.QY.6j..S AND PERt-.llTS FOR HERITAGE GREENS I. The Planned Unit Development. P,U.D. Ordinance 96-55 PUD. Site Plan approval Florida Depanment of Environmental Protection Wastewater and Potable Water Permits .., 3. 4 Ve!!etation Removal Permit 5. Collier County Right-of-Way Permit 6. Florida Dcpanment or Environmental Protection Wastewater and Potablt: Water Permits 7. Temporary Use Permit for Sales Trailer f) Dcvclopmcnt Costs Budgets 0. ["hibit" 1\-1" - I-kritagc Greens Legal Description 10 SrWMD Permit regarding Heritage Greens Surface W;lter II srwr--lD Pcrmit regarding H~rita.se Greens Water Use 12. SrWMD Right-of-Way Permit 13, SFWfvlD Notice of Intent to Conduct Pre-Permit Work PL.A.NNED UNIT DEVELOPMENT P U 0 ORDINANCE R(,-62 An Ordinance amending Ordinance 82-2 was modified to Ordinance 96-55. The Comprehensive Zoning Regulations for tile unincorporated area of Collier County. Florida. The PUD as an instrument governs project development. land use summary. density. single-family and mlllti-family residential development. O1ilximum units. building setbacks. height restrictions. business development. golf course development. parks and recreation development. utility development. development standards. stipulations and commitments. P,U.D, Master Development Plan. location map. and legal description It also speaks on environmental considerations. water management. traffic. utilities and engineering considerations, plan approval requirements. signage. site planning. development standards. subdivision regulations, environmental and archeological stipulations and commitments wr.III.II.jII~( il lOCl')(, 12 1 6G 3 This documenl is quite comprehensive and should be re\'iewed carefully as it is administered b~' Collier CounlY and the development aspects are tailored by the P.U,D. Date of E~ecution: Term: September 24. 1996 Life of Project PL.A T OF HERITAGE GREENS SUBDIVYSION On September 30. 1906. Agnoli. Barber & Brundage. Inc. (ABB) submitted the following to Collier County Projecl Revicw Services for an unsubstantial change review and approval. I. Development Plans hy Agnoli, Barber & Bnmdage, No. )714, sheet:; 1-2() inclusive; 2 Pial of Dove Poinle Subdivision. No. :'\783. sheet:\ 1-17 inclu:\ive: Cullil:r County willllOl issue a building permit until all utilities. roadway and bridge arc completed ;\11(1 accq1ted hy Collier County or the subject imrro\'l:mcllts arc bonded or secured hy a Leller of ('reult Upon Clllllplclioll of these imprcwcmcnts or bOlldin~. the PIal Cilll he n:cordcd and building permits issued. fLORrDA DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTEWATER AND \V A TER PERMITS The Florida Department of Environmental Protection Permits for Wastewater and Potable Water arc being revie\ved with our development plan at Collier County Project Review Services, The permits will allow the servicing of the project with wastewater collection and transmission and potable water service. These permits allow 5 years to have the infrastructure constructed and then are valid for the life of the project. Both permits will need to be modified to allow for the additional units as shown on the revised plan following County approval of said plan. FDEP Wastewater Permit Issued. Term CSII-251991 June 15, 1994 Life of Proiect \V1'.111.II-lII,"C; DOC/'J(, 13 - 1 6G 3 FDEP Water Permit. Issued: Term: 05-11-251993 June 24, 1994 Life of Project VEGET A TION REMOV AL PERMIT The developers have submitted to Collier County Project Review Services a Vegetation Removal Pennit which will allow the developer to clear based on the Development Plnns for the Sales Area Plans for right-of-way Tree Clcaring Pem1it were prepared by Agnoli. Barber &. Brundage. Drawing No. 4147, shcets 1-11, dated July 1993, This work has been completcd, IS:;ll~d . Term: Novem ber 4. 1993 180 dilYS COLLI ER COIINTY R IGHT-Or-W A y rf:RMIT /\[3[3 11<1:; appli~d for Clnd received pemlits for work within the Collier COllllty Itight-of-Wa)' Permit No. lS871)( i~ for the Utility Connections and Permit No 880JC is for a driveway connection This work ha~ been comrle1ed rLORlDA DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTEWATER AND WATER PERMITS These have been applied for to complete connections only within the Collier County Right-of-Way This work has been completed FOEP Wastewater Permit: Issued: Term: CS 11-234836 July 27, 1993 Life of Project FOE? Water Permit: Issued: Term: OS 11-234842 August 3, 1993 Life of Project wp.) (i,(I..l\I5( i 1)( H:/')(, 14 1 bG 3 Q.EVELOP1\fENT COSTS BUDGET These are the proposed development budgets based on design plans provided by Agnoli. Barber & Brundage for roadway and infrastructure design. EXHIBIT "A-I" HERITAGE GREENS LEGAL DESCRIPTION This is the legal description that is reflected on the Plat [(or Heritage Greens), which constitutes the totalla,ld area for the project. SOllTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) SURFACE WATER PERMIT FOR SERVING 2~2 ~ ACRES OF RESIDENTIAL LANDS srWMD Permit No. 11-007 J 8.S for Heritage Gr~ens construction and operation of a wilter n1iln?gcment system serving 252,) acres of residential <lnd golf cours~ lilll(J$, ^ modification will be <lppropriate when dr<linilge discharge outfall moves to southeast propeny, Issued (expected) Term: August 12. J (9) Life of Projecr SOUTH FLORIDA WATER MANAGEMENT D1STRIC'T (SFWMD) WATER USE PERMIT EQB, SERVfNG 252 3 ACRES OF RESIDENTIAL LANDS SFWMD Permit No. II-00718-W for Heritage Greens irrigation golf course of 83.36 acres. Withdrawals are via two proposed withdrawal facilities and from on-site lakes via three proposed withdrawal facilities, A new Water Use Permit has been applied for and approval is anticipated shonly. Issued: (expected) Expiration Date: August] 2, 1993 December] 5, 1995 \Vr.I().()~(}5(i.DOCl')(, 15 1 6G 3 SOUTH FU2.BJD.>\ \VATER MANAGEMENT DISTRICT (SFWMD) RIGHT-OF-WAY PERMIT SFWMD Permit No. 994 for Heritage Greens Connection within District Right-of-Way. This work has been completed. Issued: Expiration Date: July 1 S. 1993 July31.1994 wr.lll.I)-l115(iDOC!')(, 16 1 6G 3 "EXHIBIT G- I" ~ov ALS AND PERMITS FOR HERITAGE GREENS The aforementioned permits and approvals comprises the total permits received to date needed to proceed with the development of the project, All of the permits and approvals have been reviewed by the staff of Coliier County, Florida Depanment of Environmental Protection, and South Florida Water Management District, as indicated, RODto Developments Naples Inc. worked closely with the members of the government and community to establish development standards that addressed all of tbe parties' concerns. To the best of our professional knowledge all permits necessary to develop the property are either in place or will can be obtained in a timely fashion, We have no reason to believe that obtaining needed permits for this project should pose any problem. wr-lo-o..H15G,DOC/l)(, 17 (This page intentionally left blank) 1 6G 3 APPENDIX B 1 6G 3 CERTAIN INFORMATION REGARDING COLLIER COUNTY, FLORIDA 1 6G 3' (This page intentionally left blank) GENERAL INFORMATION CONCERNING COLLIER CO UN ounty and Bonds are nt District the County The following information concerning Collier County has been supplied by th is included only for purposes of supplying general information regarding the County. payable from and Special Assessments of the Dove Pointe Community Develop heretofore described and are not payable from or secured by other revenues or property 0 or any other political subdivision of the State of Florida. General Information Collier County (the "County") was established in 1923 by the Florida State Legi portions of Lee and Monroe Counties and its territorial limits, as they presently approximately 1,994 square miles. In terms ofland area, it is the largest county in Florida. The County is located on the southwest coast of the Florida peninsula directly ~.1iami-Fort Lauderdale area. The County has an estimated 1995 population of 197,40 industries within the County include tourism, agriculture, forestry and fishing, retail construction, The City of Naples, the largest incorporated city in the County, is 10 western portion of the County, The 1990 United States Census showed an increase in the of Naples Metropolitan Statistical Area (consisting of Collier County) of 76.9% betwe ] 980 and ] 990, making it one of the fastest growing metropolitan statistical areas in th ature from st, contain e State of est of the Principal rades and ted in the opulation the years State, Population The County has experienced rapid population growth in recent decades. Most of e growth of Collier County has been due to migration, This change has gradually raised the media age of the County from 35,2 in 1970 to 38.0 in 1980 and 40,6 in 1990. The majority of the popula on is over the age of] 5, with age category] 5-44 comprising 38.3% of the overall population. Th following table presents historical and projected population growth for the County for the period f 1960 to 2020 B-1 1 3 Population Trends A verage Annual Average Annual United County Percentage State Percentage States llM Population Increase Population Increase Population 1960 15,753 14.3% 4,951,560 7.9% 179,323,175 1970 38,040 14.2 6,791,418 3.7 203,302,031 1980 85,971 12.6 9,746,961 4.4 226,504,825 1985 115,900 7,0 11,322,300 3.2 237,971,000 1988 135,300 5.6 12,327,600 3.3 245,807,000 1990 152,099 6.2 13,152,700 3.0 250,410,000 2000 222,899 4.7 15,572,991 1.9 268,266,000 2010 284,600 2.8 17,969,295 1.5 282,575,000 2020 287,800 1.6 19,991,400 1.1 294,364,000 Source: Collier County, Florida; U.S. Bureau of Census; and University ofFlo of Business Administration, Bureau of Economic and Business Research, Population Studies, ElQrida Estimates of Population 1995, B-2 Economy 3 Collier County has consistently ranked high among Florida counties in term of personal income per capita. The following table compares per capita personal income for the Cou ty with that of the State and the United States as a whole: Per Capital Personal Income for Collier County, the State of Florida and the United States (1981-1993) Collier State of United Year County Florida States 1983 $15,732 $12,446 $12,223 1984 17,117 13,325 13,332 1985 18,370 14,218 14,155 1986 20,067 15,041 14,906 1987 21 ,969 15,796 15,638 1988 24,675 16,640 16,610 1989 26,628 18,024 17,690 1990 27,672 18,906 18,666 1991 27,412 19,326 19,201 1992 27,509 19,790 20,137 1993 28,574 20,828 20,800 Source: Florida Statistical Abstract, 1995, B-3 1 6G 1 .... COLLIER COUNTY EMPLOYMENT BY MAJOR IND The follo"",;ng table shows the average monthly employment by m located in the County for the year 1995. Industry Services: Hotels and Other Lodging. . . . , . . . . , . . . . Health Services. . , . , . . . , , . . . . . , . .-. . . . Business Services "..,....,. . . . , . . . . . Amusement and Recreation Services. . . . . , Serv;ces - Other .",..,.",.,.....,., Tot~ Services ',....,..,.......,. Retail Trade: Eating and Drinking Places . , , . . . , , . , . . . Food Stores ..,."...,........,..... Auto Dealer and Service Stations .",.". Home Furniture and Furnishings . . . , ' . . Retail Trade - Other . . . , . ' , . , . . , . . , , , . apparei and Accessory Stores , , , . , . , . , . . General Merchandise Stores . . . . . . . . . . , , Building Hardware and Garden. , . , . . . . ' , Total Retail Trade .,.. . . , , . . . . . . . , Other: Agriculture, Forestry and Fishing ...,... Constmction . , , , , , , , , . . . . . , , . , . ' , . . . Local Government .."..,..".,....,. Finance, Insurance and Real Estate , , , , . . . Manufacturing "',.,..,...,...".", Transportation, Communication and Public Utilities . . . . . . . . . . . . . . . . . . , . . Wholesale Trade. . . , . , , . , . . , . . , , , , . . . State Govemrnent . , . . . . , . , , , . . . . . , , . . Federal Government, . . . . , , , . , . . , . , . . . Mining ..,...."..........".,...., Total Other, . ' . , , . . . , , . , . , . , , , , , . , , , Tota.\ . . , . , . , , , . . . . . . . . . . . . . . . , . . . . . Number of Firm~ . 64 3,315 377 6,181 354 3,320 108 2,869 .L..4.iS. Ul2 2,361 23,014 349 6,073 126 3,650 III 1,515 205 1,105 306 1,839 196 1,471 22 1,791 -21 J52 1,372 18,299 419 11,697 835 6,924 23 6,289 711 4,670 171 2,195 201 1,913 336 1,790 35 740 15 533 --1. --.i4 2,753 36,805 MM 78 118 · Average number of people employed in 1994, Source: Charlotte County, Florida Comprehensive Annual Financial eport, Year End September 30, 1995. B.4 Y'. ',~':N~f~:}n~r , ,~.,.l~, \:",~"...,.... '<4~ -:. '~.'.~;\:,~~.-.j'.".." :~~~tfll~lri; :;:.:, ";l~":'oi':': ~f .} ;;:U}][~~~lJ,i '1..JtI' ~.,~p,,_~,)'.;" 1"- ~:- .\~ f~-, "', ,':"~{~l~~:,:~~J5':'~~:' , ",,"~"'''(<!(l~'-'j>'''' !~r~lt,~1 ,',l",",Hi"~""P~ f;. j~_~~: \dt;,]:1'f ~:~~r ,.....' , " ....1 l-;;:l. ..... .) ;:~ :';..)~\;~:~,~.}~~~~t . ..". ;:.. .,i' " _Mft.j. ...-. .,.' < ' -\J'" ..... . '. I.' "1" ~/"..,.I'","'l " _ -;;- : :':\'t(;; {::+. . i,.: ..'rt"'1';"'~~ i:~' ; t" \~'. ~);~~..~o1'/o;ij'~ , '".,.. i :\. 'V r 7,-,'" ?~, ~:;i;iii'rt~~~4~ii; I : . .. ~ ,I t '..,-= l\~ #. ",'T. ~)I lt1fj~~il ~ .' . d . )''''G~H.\' ~~~~~ (1?\\~~ttt~\ . "'.-..' t~. ,- '. '." ~'., rIO.&.' jr.- '. '~i~{~~t:r~~~~~Hf ,,: '.' )'/'~ ..'~"('J~ {' :: :,.' ..,: J ~;:~_l, ;;-- (...;~j-,. ~. :- ," ',' " .J... ~.." )1.~h:l-, ~t 1 6G 3 COLLIER COUNTY UNEMPLOYMENT (1986-1995) County State of Florida Labor Unemployment Unemployment Y-rn Foree Employment Unemployment Rate Rate 1983 41,210 35,817 5,393 13,1% 8.6% 1984 44,098 41,132 2,966 6.7 6.3 1985 48,370 44,707 3,663 7.6 6.0 1986 54,221 50,950 3,271 6.0 5.7 1987 63,413 60,329 3,084 4,9 5.3 1988 69,815 66,842 2,973 4.3 5.0 1989 71,158 67,924 3,234 4.5 5,6 1990 76,019 71,822 4,197 5.5 5.9 1991 79,175 73,238 5,937 7.5 7.3 1992 81,163 73,949 7,214 8.9 8.2 1993 77,984 71,474 6,510 8.3 7.0 1994(1) 80,299 74,484 5.835 7,) 6.8 1995(2) 77,414 69,931 7,483 9.7 5.4 (I) (2) Figures as of May, 1994. Figures as of August, 1995. Source: u.s. Department of Labor, Bureau of Labor Statistics; and Di sion of Employml Security, Department of Commerce, State of Florida; :.md orida Department Labor and Employment Security, Bureau of Labor Markekt ormation. Assessed Valuation The foUowing table shows the assessed value and taxable value for op ating millage in ~ of the past eight years. , . " V'I..~':" ....' i ~<!: :.;it~~~~~~i '. ,t.: . '\l'I"",:"h~" J....-.. ,.J ~~:.<}(r:nt;,~;~~;H< B-5 Fiscal Ylli 1995 1994 J993 1992 1991 1990 1989 1988 County Taxable Value Real Property Only $16,038,210,161 15,130,183,723 13,792,228,634 13,621,024,114 12,104,695,783 10,289,786.513 8.696.520,323 7,922,861,550 Total Assessed and Taxable Value Collier County, Florida 1988-1995 County Taxable Value Personal propertY Only $892,359,888 851,954.071 754,068,231 686,752,001 644,677,325 602,977,732 556,543.958 511,964,126 Total Taxable Value(l) $ 16,930,570,049 15,982,137,794 14,546,296.865 14,307,776,115 12,749,373,108 ] 0,892,764.245 9,253,064,281 8,434,825.676 Total ~ V (1) S18.617,175l 17,682,048,000 16.740,669,000 16,409,800,000 14,633,015,600 12,594,100,000 10,811.216,000 9,655,234, Source: Collier County Comprehensive Annual financial Report for fiscal Year ending Septem Property Appraiser's OtTIce The totals do not include Centrally Assessed, (1) 1 6G 3 Ratio of Taxable Va To Total b~sessed V; 90.94' 86.60 87.19 87.12 86.49 85,58 87,36 87.37 COLLIER COUNTY, FLORIDA PROPERTY TAX RATES - ALL DIRECT AND OVERLAPPING G10VERNMENTS (1986-1995) Special Debt Capital County Fiscal General Revenue Service Projects School Independent 'U..aL JlLr&. -Eund.L Funds Funds Total D.i.s1ri~ ~ Total 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 3,2735 3,1754 3.3339 3.4977 3,3070 3.3502 3,3295 ),2580 3.6729 },6028 .6960 .6761 ,8372 ,8098 .7428 .6637 ,7664 ,7726 .7823 .6834 .1530 .1366 .1040 ,1076 ,1572 .1378 ,1126 .1094 .1106 .1062 0.0723 0,8341 1.0000 1.0000 1.0000 1 ,0000 0,6580 0,5474 0,0000 0.0000 4.1948 4,8222 5.2751 5.4151 5,2070 5.1517 4,8665 4.6874 4.5658 4,3924 7.0480 7,1590 7.5400 7,8630 8,0240 8.2500 7.9570 8.0000 8.0860 8,3227 12.4807 13.4518 14.3966 14.9083 14.9841 14.9735 14,2864 14.1329 14,2166 14,2179 Basis for property tax rates is 1 mil per $1,000 of assessed value, Property is ssessed as of Jam 1 st and taxes based on those assessments are levied according to the tax rat in effect that tax ; and becoming due on November 1 s1. Therefore. assessments and tax levies pplicable to a ceT tax year are collected in the fiscal year ending during the following calendar ear. B-6 3 Beginning with fiscal year 1995 the millage rates for capital projects are included in t e General Fund millage rate. I Source: Collier County Comprehensive Annual Financial Report for Firal Year ending September 30, 1995 Collier County, Florida Comparative Ratios of Bonded Debt To Total Taxable Valuation and Per Capita Indebtedness I. Estimated 1995 Population 197400(1) , 2. S 6 930 661 056(2) , , , Total Taxable Valuation (1995) 3. Direct General Obligation Debt a) As a Percent of Taxable Valuation b) Per Capita 55,360,000 ,0317% $27.] 5 4, Direct and Overlapping General Obligation Debt a) As a percent of Taxable Valuation b) Per Capita $5,360,000 .0317% $27.] 5 5, Direct Non-Self Supporting Revenue and Direct General Obligation Debt a) As a percent of Taxable Valua~.ion b) Per Capita $72,645,] 18 .429]% $368.01 6. Direct and Overlapping General Obligation and Non-Self Supporting Revenue Debt a) As a percent of Taxable Valuation b) Per Capita $178,135,] 18 1.052% $902.41 (I) Collier County Planning Office. (2) Collier County Property Appraiser's Office, B-7 .. ,_.~.~ ----~,."._-..._-----~ 6G 3 The following table contains the countywide ad valorem millage rates for th ax years 1985 through 1995. Collier County, Florida Countywide Ad Valorem Millage Rates 1m J.lli 1m l22l l22.l. l2.2Q m.2 l.ill rn Collier COUIlty 4.4479 4,5658 4.6874 4.8665 5.1517 5.2070 5.4151 1 4.8222 4.19 School District 83160 8.0860 8.0000 7.9570 8.2500 8,0240 7.8630 7.5 7.1590 7.04 Independent I Districts Lilli U.Ma ..LS..ill. ...L.ill.2 ..l.2lli ..Lllli .lllQl ~ J...21 TOlal J 42181 l..i.2J~ 14.1329 1428~ 149735 14984l ] 4.9083 ~ 134518 ~ Source: Collier COUIlty Comprehensive Anrlual Financial Report for Fiscal Year ending September 3 (or Fiscal Years J 985 through 1995. MAJOR TAXPAYERS IN COLLIER COUNTI', FLORIDA No ta.xpayer provides more than one percent of the total ad valorem tax r venues of the County. The ten largest taxpayers in 1994 were as follows: 1994 Property Taxes Levied Percent fTotal United Telephone Company of Florida Florida Power & Light Company WCN Communities' The Ritz Carlton Hotel Collier Development Corporation City National Bank ofMami, Trustee Raymond Lutgert, Trustee Lee County Electric WaJ Mart Stores Halstatt Partnership Total Total Property Taxes Levied $ 1,468.630 1,462,409 1,176,841 1,013,025 1,000,991 992,774 583,798 468.565 408,718 399.981 $ 8975.m $238523.018 Source Collier County Comprehensive Annual Financial Report for Fisc September 30, 1995, Collier County Property Appraiser's Office. Taxpayer listing in order of taxes levied, same name have not been combined. . but not the B-8 Construction and Property Values C omrnerica lIIndustrial ResidentialCt ) , Number of Value (In Number of Number of Value (In Bank Deposit! Pcnnits(1) Thousands)OI P enni tsm UnitsCl} Thousands)(l) t1n Thousands)!') 182 $27,754 2,156 3,851 $182,775 SI,IOO,892 252 36,007 3,059 6,085 292,1 ]8 , 1,323,150 270 51,897 2,897 6,496 439,540 1,505,433 300 77,720 3,024 6,828 488,345 1,672,041 382 51,559 3,046 6,332 422,736 1,910,521 458 89,243 2,361 3,600 241,487 2,086,219 339 77,169 2,870 4,552 369,141 2,07,133 298 62,211 2,684 4,073 397,861 2,707,107 266 47,724 14,191 4,323 475,7869 2,870,991 COLLIER COUNTY, FLORIDA PROPERTI' VALUE, CONSTRUCTION AND BANK DEPOSI S 1986 - 1995 . Fiscal Yru 1986 1987 J983 1989 1990 1991 1992 1994 1995 (I) m lncludes Duplexes, Mobille Homes, Multi-Family and Single Family Structures, Department of Community Development- Pennit/unit report by type of structure (new struc of units of non-residential construction is flot available, Value is started at market value. Florida Banker's Association, 0) ('J Source Collier Count)' Comprehensive Annual Financial Report for Fiscal Year ending September 0, 1995 Agriculture 166 3 only). Number Agriculture is a dominant factor in the economy of the County, Rainfall a rages about 52 inches aMually v.ith most of the precipitation occurring during the late spring and su er, The high yearly rainfall and year-round mild temperature enable agriculture to be a product~e sector of the County economy. As of December 1990, there were approximately 576,400 acre\ in agricultural production. The County is Florida's largest producer of vegetables, including tomal' oes, cucumbers and peppers as major crops. Approximately 23,565 acres are devoted to citrus p oduction in the County. In 1988-90, there were 2,542,000 boxes of citrus produced. Over 170,000 res are utilized for cattle pastureland and rangeland, Tourism Tourism is a major factor in the economy of the County, Visitors to the Coun enjoy its Gulf of Mexico beaches, golf, tennis and other attractions. Everglades National Park, tl\ United States' only subtropical national park, located near Naples, comprises a substantial portio of the County. Collier-Seminole Park and Corkscrew Swamp are also located close by. Saltwater fi 'ng in the Gulf of'texicQ, 3S well as freshwater fishing. makes the many lakes and waterways pu)ar vacation spots.. 11-.(' (OUilty is regard as one of the largest shelling areas in the United Stat B-9 1 JG 3 Transpon:'llion I CollIer County is served by U S Highway 41 (the Tamiami Trail) and the Everglades Parkway, which links Naples to the east coast of Florida and intersects U S. Highway 27, providing access to the Sunshine State Parkway An extension of Interstate H.ighway 75, dowP. the west coast of Florida from Tampa to the Naples area and connecting the Everglades Parkway has been completed Upon completion ofa construction project to expand Everglades parkw3y to four lanes, it became part of the Interstate Highway System and 1-75 which runs from N~ples to Miami. Greyhound Bus Lines connects the County to all points within the State. Freight forlvardcrs pro\;de interstate connections I Air service is available at the Naples Airport owned by tbe City of Naples an covers an area of approximately 650 acres. The airport has two lighted 5,000 feet hard surfaced ru~ways. each 150 feet wide Commuter airlines offer regularly schedules flights to Miami and Tampa. Air service at ~Jl~e:Outhwest Intcmational Airport near Fort Myers, 35 miles north of Naples, reaCh~IS major eastern Educntional Sy.stem . The County school system serves approximately 23,000 students in over 30 schools. The public schools provide a varied adult education program and a special program. for pre-school children There are several private and parochial schools in the County offering classes from kindergarten through the twelfth grade Edison Community College's main campu!. in Fort Myers \.'lith a branch campus in Napies, offers technical training as well as college preparati~n for students M,dieal Facilit;es' I Naples Community Hospital, a non-profit, private corporation, provides health services to the residents of the County, It has approximately 1,300 professional and support personnel and an additionaJ 1,650 aux.iliary members. The hospital currently has 381 beds, 24-hour elnergency room service and a 20-bed pSYChiatncfacility.. . . ... I.. I n addition to the traditIOnal hospital servlces and facllltles, Naples Commumty Hospital Piovides the following specialized services and facilities Physical Therapy Departfnent, Intensive Care Unit, Special Care Wing (includes Intensive Care Unit, Cardiac Care Unit abd Progressive Intensive Care kea), Electrodiagnostic Laboratory (EEG-EMG-ENG), Nuclear Medicine, Neurovascular R~diology and X-Ray Diagnostics, Special Procedures and Computeriz~ Tomographic (CT) Scanning J The Collier County Health Department operates in every community in the C unty under the direction of a licensed physician and \.'lith a staff of trained specialists, including public ~ealth workers, nurses, sanitarians and clinical psychologists, B-10 ~~~~~ .. ~~ l' ~-~.:;~I.~l~'~"'~' .~. .I;:':.l_~~ t:,.~;1:':: .~~~llll tl,., ~.," ,.,.,.,..' '~~j!l~ f-';. :..-.,\~~:: i ;>'1~f'~:~fg. . :~': :~ .~:'i ~;1~':; ~.,~~ ;.: ~':~~' ~;(/t::! ~:._~.~,.;~,:.:,',l.":, .;~:' : J~\~-i.';.~-lv:~l: :4:':~; l}~.~'4..t"-':i ~V" ,.. 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J; ""..,,~.:..,.!'..:, '" ..~~.,.;,_ .' ,....~~);.l .{, J-t,..\.~:, !':;,?t..f.'~ "(;'!:~..;;t ,~:,Ji ~r:.o.q,-i.j ~'i;~!:t~~fZ ~:I.,J.f'4~,L ':J~:;i,f~~f,:~f.i;;':ii H,_.I '''' '~" ...11 '." ,""p'. ~;. l.' { '.-:. 'I!'~ i.;';]' . ...~,-~: .,I,tlI, r. .-. ...1;-, 'w"Sf.r'l i{'C:'f:.. ":!-".~ l;.'r" . ,', , . .~ ;".~. , :l'.\; ~..,'..", l.~ f::"';,,, "', ..,..('{. ,,"'i~ ~~:~;: ~'~,?1r".' ....,;...... ,..t,.'tji> ...., r ~,;..,.;t..'" :'i.~' ~~~~_t'~%~~t~~~ .........':....Jf.l'&1 ~{',:... :Fy~~ifi!w~ ,.f.;:~ ,~f~.~t7:~~:~ .k1>~~X!H:~~~~ ,\.".1~....:y~~' ~'2~~~ -...~l..). 11-,11' :~{:" ,~:f"p~.J~t~~:~: ._ '1Il- .......';.~ ,;,#J....... ~tiy.,~~~ " ,1. -,. :b.~ ..,r"'~. J'.~'"'r:...;:;~>7 ;,}. :,4~..~:>~:i~:~v~~:; . ' ..j~ ..:,. ,.,'~,. . "':0',_ ;Ji"l"~ ~~- ~.'J" , '~'..{ ..:r~.~f'..,,\r~'~ ~~a.'('..... :.....;:~'..r'..i..ft rt,.~;;t)~!!~i:~~{~ ,J,' .t.-;'".;"".} ~(:~;,..:.~(~ ,\, ~ ': '.; ~.~~.~~.: . ~'C~~,(!. APPENDIX C FORt"! OF INDENTURE 1 6G 3 j :.:~{!1 t, :,"~' . .t..... 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'~"~""iI' ,I!; i\i~:?..1>~;~ ..1.1.t-.... ~...(~ ~ . .4~.,!'..'t...1~~ :;:.~~:-Ktf1~' r.:..~'1i~~"I,)lt, ,-1' ;....',,>..t~::' ~~'j.1~^ ~,:'r~~;c., i: 'l~:::r;;y~~ ~".:~":'(;o"':;~~. .. ~:~"."iV~2-t.? ;:'~~::> ~:;.H;;, "" :'f ~,..' . ~)-!~.. f.'~' ..... .';.llh.~'., t~:,: .....' :. , l~ ,. ....!...,,'\'. lr~ . ...~ ,t.,:" "._~:<: ~"~. ....'.t.',I.l~,~..~~ ~,~~~ .}{~~*~j~ t. :'. '~~~.~)'~~ 0;,- ~~~'r;..~.~~ ~ ,., .~~, f'~.~i! ....J ~t ~1~~.J~ ;,...t. ~ '?!'i;.;.~ ;t?:~~~'t:'~!r~ r....'').r",v....~ '.; . !.~~. ::~.,,~;"~ ,,1'.r"'1~~ . v.=~.1o;' ~...,~\.\, I "....<( \~'" . " :" t'). ,., .r,.,. '... ~",.t .~. 4~>'.I~<:l~~ "{.~. "\~~l :~-..; :~!:!~' i3~ . ,.~~'~..\~~\. (i;::,; D-~~~?i. ,.': . : :- .. :;~~~ ~~~!;..~.1~~.~ ,. ~ t ". .;~>.~.. a' ~. ,:~;'i;~,;;1lt~' '.': "i..l~..."'.. ;7J.'t.., ':'-t'.. 'r:r's" ", - ..~:.'1i, '::., t /~r:.~:~ ~t:l...r,,: ~'~''''...."" ,.\.ri'-~:, .':"}.... "!,. .~ J."~ ,', _ ,1,.-" .~ b:;:1,~r~~ ;:';~1 tI f 1"~", t~<.... ,...j,',l,"'.-r, <, (~: 'Jr;/>.;:, ~'}"'I~""H' . )0':. 1\. ~ t... ~ ft..,.- f ;....,\r,~l. ::;{5{r~>.t._~;...,. " l"d;~:,...". ~!:dEq~:~l'!~l:~' ~~ TRUST INDENTURE 1 6G 3 BETWEEN HERITAGE GREENS COMMUNITY DEVELOPMEHT DISTRICT AND FIRST tJNION NATIONAL BA.l..j"K OF FLORIDA, Miami, Florida, Ao TruDtee Dated as of DeCember 1, 1996 AUTHORIZING AND SECURING HERI':'l..GE GREENS COMMl.,"NITY DEVELOPHENT DISTRICT SPECIAL ASSESSMENT BONDS, SER:i:ES 1996 oe~"1.:=~c::t-_~~~-:-=::_ .___ ---~ :: - H . d)..:' .~. : :;.\ : :: i ':.~ :': \ : : ;' 2 c,' ; ~ ~}. ~t.{.it.~;f~r; .:~~~;:~ , I,~~'" '..!i' I~ .:~" 3'f~~,.~ ;~:r~~~~t~.1o;~ .:(>r:\, ,'t~'tj.:-: - ...::~~, .~.-~:.." Ii t....~. ~..~. ;/..t:.. ' ~); ..;,. ~"..~'n ',.;}'.r..: ..tM: ,; :t)~ l:tk.:J,J:It. ...,.J... .\~.......\ -::':t'.,..~A~...~.. r " ~\.f'- .~. V,':\tI)::. , ,:t~y.r~.:{~: .~~ ~ ,...'.;" -1!'\1?"~ .~{:..';;:l.ti.~: ,';: I,t'/, /t,., ....... I,...."'",)..r. ~:,./~/ .....~-l''t:~.,~'~.. ~rf".t\ ~~, '.~.,.,~ 1;.t"":'l)~t .... ~:~::'. ~t~t,~~ \~'" ~,.,..~. '.' .' ,-< 't ";I. ,.;... '. ;."lJ.. ~.~.~~.. ...~.......~.'l..j .,." " ~. _.~ \It.'t.;.~ .~, I..._...,..~,......, ." ;...rh....'t~..: _../: ~.~, \ --!::~~~~~ ,'''.. P:.t..;;~,.~.t ....~I.~....1-"";t... .' ...~,. ~. '~, . ;JJ. ~ ' "." .l....tl'. ;tNI&lr;:' .~ y. 4;:~''; )'1; ',.~:~'t ~;.,,:t.~" '\.' "." .' "..... .t....t :~\' t~..~,.l' -Of! ~';','. ~. .t:"-',";~ -~J! ..I~; .~_......\J.:"'1l' ..t- ,.,.-'; If..,.;,;.,.,." .&; ... r... .",,,.,,.~ ;",:,.,.'1; ~l$"3'.~ ,...:.:;.......J~ ~.,'l..."""'J ."......,.".M'..C;<f ~ ~~:.'~~t~ .~;;:,~~. 'It,'.., :!I,. '.; "".~ .~.'i;. :L'~ ".' ". ".~I.... .,.,'" . . ...r... ..:.r, ~r. ....."\t.'f...1'. ':/'-' ."'~.,r', ....\ii..z~. /."':: "'I.tti',.7lJ,;.. ...,-.' ': ~ ..... ......:i". ".' .,.., . ,~. 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'.,~~: "~ " .~ ...~f):t:";~ i' \). .J.. ...... ,t,."i;\'t' ~. . .!,..,I"..~.'" ,,\;," ~II ~.,~: It. t...::'" .; (.,,:~~:'" ..'\?"'..,~"1t:~( ."-l.''-):4JFi).,.':~ f;:.,..,~,...(:-:.~~;;~.!i::. ; ;;{....' ..~/, ;r_", .~~j~. ..t~ ~ ~:~'.,~~d~ ~~\~;~~, ~.., ,,' ....,.t,~.. ~ ':. .t't)'~ :.'.;~~~J:.:'" , ~""".\.."" ...<:f., \"'~ ?c;,,*;~~ 't..".,' .,1.($:1: . ~.~;~~,~.: ~';'i.~~t..~, ~: 4." " .;.l".....~(f. ~lnO;:: \':..~.~ :~,_.:...4~:~~ ~Ji!~' n'.' ......,/...,.'1 f)t,~.~.,.....':t;t.9.. ~~~ ";"j .~",...\, . i~,:': ~:t~t'~.;tl,"; . ;;.i' .,J*..:",ff'-t1 ",:";: ':,- ?;::(i!~">!''i .to,: ..;., ;. ,'!'.,(t/; r:< ~:}~:.~t~~~~;~~ "'i; ..,.... ./-:.1'" \'}:j !i,~'>~:"~itCt.~' ~,~:: ';' .~ .~~'!'.~. ~~~.:-- ........ c ." ,.""." ~tf~:;~~:r~tf~~ ~i-\ ,:,,,l,.f..f.'l~.~~t. J~~lJlfl . J T, I ';, ,-",.;,:t: ~J ~\.)" .,~:r:,~ ;~,~~{,:':i .oil ,~} ~ "'--;,.11 '~<'~l .~.;.:; ':"~:':" ~~fpi.:a!t . . ...\ .' , ......:oI'i' ,,\'" ~1.. ~.:: '. . '"" '.l~'~ ~lcilo' :!,:~..;;~..>n~~~~}l i:'" (~I' ''"''../:' 3f.if'!} . .*;.'..... .;.,.,~ ......~t>>M'.t~~.~~~~~...;;..-t....,."...ft.~......lil.MC'I.............:.MJ..__......_--......_-_....._'~... . DEFINITIONS . SECTION 2,01. SECTION 2,02, SECTION 2,03. SECTION 2,84. S E ,~: 'r :: 0 ! ~ 2. 0 S . oS E =;:' ION 2. 0 6 . S E:: T :1 mJ 2, 0 7 , SE:TION 2,'J8. St::<:::TICN 2,09. SSC'IIC'N 2, lC. SEe: j' ION 3, 0 1 , SECTIc;13,02. 5E:C:-IC~~ _~. C2 . SECr-:'IC'N 3. O.:j SECTION 'l. C 1. , SECTION 4.02. :I.b..E.L.LQf~.Ell:I.S AJ<.TICLE I APj"ICLE II THE BONDS Amounts and Terms of Series 1996 Bonds; Details of Series 1996 bonds Execution. Authentication; Authenticating Agent Re0is~ra~ion and R2gistrar :.~tltj.lated, Des:ro)'ed, Lost OY Stolen Bonds ' Tell':pora ry 2,;:)"ds Cancellation and Destruction of Surrendered Bonds Regist~ation, Transfer and C:xchange ' Pe~sons Deemed Owners Qualification for The Depository Trust Corrpan'y' AJ:;~TI CT-,E 1 I I ISSiJE OF BONDS Issue of Series 1996 Bonds :ssue of Refunding Sonds . Disrcsitic)jJ o~ Froceeds of Bonds Closing St:.2.tencnt; Pa:.m,ent by Trustee A?,TICLt: IV ACQUISITION OF PROJECT Project to Conform to PlaGs and Specifications; Changes Compliance Requirements GTH\KARK IS\ IS;S.1 01 \; 1 U6!96 ( :i 1 6G 3 ?AG..E 3 16 18 18 19 19 2 (:, 20 20 21 22 23 25 26 26 27 27 C :;'(""7 T ('''7 "--' '__' '- ,j, .I.. '-..I ~ \I 53 ::::c~r 1 CI~~ SEC-:'ICN Cr"'-~"'r-,""i ........::... ,,_ .L l'v,L"t 5,01 5.02, 5 , CJ 3 ' 5.04. SECTION 6,01, c::-'r'~''''0l-''' ~ L '_ 1 l~)., s ~~c"'r I ()>1 S2CTION SEC',":'JO~J S E C'T I ,'---;~\; ~-: ~::: 'T' I ~; :.; 6,02, S.CJ .; . o.~ . 6,-,,;::;;. G . ,~) 6 ' 6 . G~? 1 6G A...~TICLE v conSTRUCTION FUND 2st01blishment of and Payments from Construction Fund Consr.n...:ction Fund Disbursements Records and Reports During Construction Period Completion of Construction ARTICLE VI NC:~-lill V;"LORE1'-~ SPECIl>.L ASSESSHENTS; J.,?PLICATION THEREOF TO nmDS Al'-1D ACCOl~TS Non-Ad Valor~m Special Assess:nents; Lien of Indenture on Pledged Revenues Funds and Accounts Relating ta the Bones Re\n~nue r'.Jnd Debt Service Fund Debt Service Reserve Fund ?r~ccdure When Funds Are Su~flcient to Pay All Bonds ?~~ba~~e FU~ld ~ TIC L~, \' = : St>:'j?~TY FOR P,SD nNESn~::::JT OR L.iPOSIT OF FlTNDS SSC1"!Gi\j' 7.01. s::: c:'r = CJ>: 7, U 2 . SEC1'IO:~ 7.03. S :::CT I ()1\; S .t: c..' T I C) ~'J S2Cl.IOr~ SSC'I'IC'l'J S .01 , " -, ') o,\..-~. .q 1\ ~ v . V -' . SO.; SEC'TI(;'~J s~. (I l ' Deposits and Security Therefor :;:nvcs:.r:-,en:. or Deposi t of FUrids V~~uation of Funds A.QTICLE '1111 i~EDEMPTIOK lu'JD PUKC'}-IASE OF Bo:mS Redemption Dates and Prices. Notlce of Redemption and of Ptn:-::::hase , Bond Redemption Fund Pc1j""ent of Rede~,plion ['rice AR,"ICL:t: :::x CO\7:::I~f\NT S OF '.::"';E I S oS lJE R Power to Issue Bonds and Create Llt~~ . C;i'~\}{,~~::~~~.\:S;3~ CI: .,.',"'~,/~.: . ~ \ \ _. ~- : ~.....~~.....,- ~"f'l:tr..,..,.,-p-..... .--' ~ ./ 22. 29 30 30 32 33 33 34 35 36 36 36 38 39 41 43 45 46 ..8 --- ,~~",-._-~~/''.-''-~Millfl~.'&IUIi-~IIIdIlIiIIr''- - SECTION 9.02. SECTION 9.03. SECTION 9.04. SECTION 9.05. SECTION 9.06, SECTION 9.07. SECTION 9.08, SECTION 9.09. SECTION 9.10. SECTIC!'1 :3.11. SECTION 9.12. SECTION 9.13. SECTION 9.14, SECTION 9.15. SECTION 9.16, SECTION 9,17. SECTION 9.18. SECTION 9,19. SECTION 9,20. SECTION 9.21. ~ECTION 9.22. SECTION 9.23. SECTION 9.24. SECTION 9.25. GTH\~AR~rS\157~ 01\11/25/96 Payment of Principal and Interest on Bonds Special Assessments; Re- Assessments Method of Collection Delinquent Special Assessments Sale of Tax Certificates and Issuance of Tax Deeds; Foreclosure of Special Assessment Liens Books and Records with Respect to Special Assessments Removal of Special Assessment Liens Completion of Project Construction to be on Issuer Lands Operation, Use and Maintenance of Project Observance of and Compliance with Valid Requirements Payment of Operating or Maintenance Costs by State or Others Public Liability and Property Damage Insurance; Maintenance of Insurance; Use of Insurance and Condemnation Proceeds Collection of Insurance Proceeds Use of Revenues for Authorized Purposes Only BooKs, Records and Annual Reports Observance of Accounting Standards Employment of Certified Public Accountant Establishment of Fiscal Year, Annual Budget Employment of Consulting Engineer; Consulting Engineer's Report p.ud i t Report s Information to Be Filed with Trustee Covenant Against Sale or Encumbrance; Exceptions Fidelity Bonds (i i i) 1 6G I t , . f i . I J t I '~'Jll__IIT~ 3 .EAGE 48 49 49 50 50 51 51 52 53 53 53 53 54 56 57 57 58 58 58 59 59 59 60 60 SECTION 9.26. SECTION 9.27. SECTION 9.28. SECTION 9.29. SECTION 9.30. SECT ION 9. 3 1 . SECTION 9.32. SECTION 9.33. 1 6G 3 .2AG.E No Loss of Lien on Pledged Revenue Compliance With Other Contracts and Agreements Issuance of Additional Obligations Extension of Time for Payment of Interest Prohibited Further Assurances Investments to Comply with Internal Revenue Code Corporate Existence and Maintenance of Properties Continuing Disclosure 61 61 61 61 61 61 62 62 ARTICLE X EVENTS OF DEFAULT AND REMEDIES SECTION 10.0l. Events of Default and Remedies 65 SECTION 10.02. Events of Default Defined 65 SECTION 10.03. No Acceleration 66 SECTION 10.04. Legal Proceedings by Trustee 66 SECTION 10.05, Discontinuance of Proceedings by Trustee 66 SECTION 10.06. 3ondholders May Direct Proceedings 66 SECTION 10,07. Limitations on Actions by Bondholders 66 SECTION lC.08. Trustee l"lay Enforce Rights Without Possession of Bonds 67 SECTION 10.09. Remedies Not Exclusive 67 SECTION 10.10. Delays and Omissions Not to Impair Rights 67 SECTION 10.1l. l'.ppl i ca t ion of Moneys in Event of Default 67 SECTION 10.12, Trustee's Right to Receiver; Compliance with Act 68 SECTION 10.13. Trustee and Bondholders Entitled to all Remedies under Act 68 GTH\~\RiS\j5784 01\1]/26/96 AHTICLE XI THE TRUSTEE; THE PAYING AGENT AND REGISTRAR SECTION 11.01, Acceptance of Trust SECTION 11.02. No Responsibility for Recitals 69 69 ( iv) ... .. .. . .~:',: ,... '. ..> ...:,,:' ~< ~.~;:. SSC=TIO!'~ 11.03. S t: ,:"r 1 IJ 1,J 11. D ~ . ~2C'rl'8:~ 11.0S. SEC1'ICl~'J ll. ()6. S E C1' .I 0 >J J- ~ . 0 I . SEC'TlCJN 1.~.',~8. SGC-fIO!~ 11.09. SSCTIC>~'J ll,lC, C 1:' ,~,~- ~~,~' ..;J.....~... l.,,-,.'-i 1.1 .l~. S;:;=-;:I:J~; ..... J,.. . .I. L . S:::C~.IC,t~ i......L~. s 1::-~':'T I CJt; ..., ~ . J. "1 SEC..': I C~~~ s~c~rlot.; ", l~. SEC~';:IOl\; .j,.._i. c .... .~-........ ~ r--. '\" ~~_"_l....V'l~ 5 E ;:. T _~_ ''J >J 5 ~~ ': ..:~ : C: ;.; S~::r=7 = C}f'; S E C'~' I <J>J 1'.. , :2 =: SG'=:T I C)t-,; .ll . /~ .:: S E:C:.: ;~)~~ i c) Tr~stee May Act Through Agents; Answerable O~ly for Willful Misconduct or Negligence Compe~sation and Inde~1ity . No Duty to Renew I~surance Notice of Default; Right to I n '/ est i ';;1 Ci t e Obli~ation to Act on Defaults Peliance by Trustee Trustee Hay Deal in Bonds Const~uction of Ar.biguo~s Pro'.i is iOf:s f~esi.gnation of Trustee Re!~oval of Trustee Appoi~t~ent of SucceS5C~ 7rustee O\lali.fication of S~ccessor I~struments of Successio~ ~.1el':.:er ()f "?r-ust.ee Exte;lS:'C:-. of Rigl-.ts and Duties of ~~ustee to Paying Agent and Pr-:sistrar Resig~3ti0r1 of Paying Agen: or ?~9is~:-ar Re~~~31 of Paying Agent or 1 6G 3 ART:;CLE XII ;,CT ~ Cj~- EO~;>;c)LDr:R S; EV I DENCE 0: O;"'l-!i:~RSh I j: 8F BONDS <::;1:' .,.~. ",. , -, ~- _ ,,-,'--.I. .lUl, ..:.. L. . U 1 . L't . :;,t.::alstrar ;~.~;~c:j'1r.~e:--d~ of ';~ccesscr Payins l\ge11t or ~egistra= C~allfications of Successor Faj~ng Agent or Registrar J'..:dicial Appoir1~rr,ent of S.Ll~-:es.sor ~d y::ig ACien t or Reg i.s t ra;: Acceptance of Duties by Successo~ Fa~.~I1g Agen: or Regis:rar S~=cesscr hy Me~Ger or ,~ (j ;"'0 S (I 1 .: d ~l t i 0 :1 Acts of Bondholders; Evidence of Ownership of Bonds c) T d \ h:~;',;; ; S \ l ~ -;; ;':,d ' : : / '. -' "?~ IV) ~~ 69 69 70 70 70 70 71 71 71 71 72 72 72 73 73 73 ., . J't 74 74 75 75 7S 76 ~..__~I'.AIAliI!liI:I',wM~"""~~ 1lI!I1I~""'Y~~-.,"""-"--'- ~. .....<J.t,.., 'i:"' I' """:':', -:<' r...... J!J":i..:" \~~_>~~: ~f:;:!~~~ ..... 't-'/..t':VJ"~ ~".-::"~'r, ".~.~,..: i.~ l:.)' ,<<.- .\ ~'':'-'1fOF~_~->: ~ :.r,;,' ~ -~~ -I, lj. '.', , ...... .', ..., ,~..".I,.,.,I.;' '1,~ \ .~'~;:~: ~~~.~~ ~~J;1.t~t.~~~ ,~. -~,.'~..;~~;r" ....J. ',I.!.',,'.' ,'e; "'".~ "I'."~"vt'.'1' .0..:. }I'.,,'1' .. ~~':'"'~'l(\', '(t~ .: "...."" ..''\,'..:. ~," 'r: ':: :i,-:.. f.'j7~;~1 . ~~~.'.: ,'I{"~:i..t\~ ;~~ ,..... ,,;\ - ~'~1: . ';",' ~-:~;l/>~:~:.I.~~ 'f.~" ;,~'..\~(-t.f;...I~ ~:,:)~.}~,'t~0.J.; .' ,,~~:t ." .)" {f.. t., i-~ .~)~".\ ~~ . . - '''';\;- .;f' '....\. ~?a.'lt ~::~.;t*1l.~~ .....:.....;,"'f ~'" ~ fi. \:~~r,:-:~.;;J~ .:)~:r~}~~"'i ~!-'. ?'~.tf':\::;t.~~:. ..; ~~~'.-' .~. "'il'Jti. ~'l:" :."\(t:)..,,:si: .;":-..~ '~-L ~ -' .t~~';: '",., ~,........'1 ,,''"!:'''' I'U,;'~' r';~ ~:;~"~i{i'~~:~ 'J,~;~'~'~'~ ''''c:;~i4 /_'f.,'~I'" \4)>1. tr:.1 j~:~i'. ~ """. (,tl\.u~.'r " ;,-.,'1,_ .........~. , .........,..'.... l~'.,.l'"f {iF.;~~/. '~~.J .:~~._:.t. r~1~' '~.r;~:'~~~l~ "~"" ,'.':(~" !I. '.'~\'':'~~' . ",s;l;}~ ,3. ~"'~v"'h.:". ., .'. 'Y.'; ... ,. f~ . .~ \:,.t. '~':rt. ~1: '~-t~ ~4,.... .):~~..~ ,:~'......t::;.':. \.-f,.' i':~\,~~'.' .;~~ . :~: f..~ ~1 ~~\:". \;--f' {;;J"T' t"X' t "\f...tf~ ;~:;:~N~K: ~~~J: '~:':~:.~, rt:~(~~ f9!ji/t~~l.; :"..: '~.':I1''''\. . ..,. '. .'J,'t...' 'if. '~^'\: ":';-~: t~ "'~.~~Jrj.'" .~~;..., ;.~:'- ,~~.,..Jc. ~l; ;'~.,~ r. ";~<,:~';.!f ho"h;t,', . ~~.' ", '~""a,,,.,.... ....'.i~'t~.,.:,'~ li'.' ) r.~ ':1. " ,tr'I . 1....~,~..,f.~:>i O:X ~{:...,",\. ~..~'!r ',' ., . ...... ,..~~ :~~~~ ':~~~~ .\~};{~ "'.'. ;.... '.',:.....f.. >.:';'~''''...~',...~!" ,. ,.".1',..~.1 :~~~:;\~~Rii}~ . '..~.:.t.;).\~f'~"l~'f: J,):F~~i~J .' -" ," .~\ t~~.'-~ I t "i t.. tJr . ~'-~,!A:i.~(: '.1' ., ').oL.~., (.~... ll~;%;~l~fi~ 1 6G ARTICLE XIII Aj"'ENDME~nS M,"T) SUPPLE.MENTS SECTION 13. OJ... Amend:T'.ents and Supplements Without Bondholders' Consent SECTI0~ 13.02. Amendments With Bondholders' Cortsen t S:::C'.:'IO:; :3.03, 7ru.stee l..ut.horized to Join in Amendments and Supplements; Reliance on Counsel ,5::~ '.-=-~ I ':-j>; 14 .s :.~ I,~T : C; ~~ ~" . .:' 2 . SECTI()!i lS,O: S E e'f I ()~.; 1:). C 2 . SEC7IC,rj 1:;.03, 5~~C'"I"IC'l'J 15. 8i~. ~:. E. CT' I C.~; _'l. 5 . C 5 . S:::C'lI'J:."r 15.06. :~ ~~ C"[ 1 C:--; l::. G i . S::':CT1C).N 15,C8. S ;:~':; I::Jl! lS. C 9 . SE(:~~TI'J~J :':1.10. ::,:= ':::';' I G:'J 15, 11 . :::1::], ~~; ';' :~, :::>'~tt 1 B ~ 'T ~j r: X:-j j B:r 'I' (' EXETRl~r [1 G7H\r:JIRRl:)\1S78,~ D)\11/25/'~S 1,RTICLE XIV CEF2ASANCE L~)~~f(::3sa:-:ce =~.' '_~ ;:. '::.s i :. ~'unds -" 0.1.. ,,;:: v. : c :- Fa jr:TI e r, t R<:,;-~rjs ARTICLE XV ~'! I SC=2L!~....'\IECUS FRO\l: S ~or'~s Limitat:o~s on Recourse Fayment Dates No Rights Conferred on Others r:legal Provisions Disregarded Subst.it~te ;~otice ~;ol ~:;es COrltJ:'oll.;,ng La'". Succ~ssors and Assigns Headings for Con....enience Only CO'Jr1 t e rp3rt.s Appendices a~d Exhibits lJI'~C:~_i, DES'-::R I t)'l~ I ():; OF r{ER j. TJ\Ci:: C;?~;~E~;S CCJrv'Ji:;T.. I T'f DS VS:-O P~<:::NT D IS TR. 1. CT I:';:~~~--'CP} t)7I8!~ OF Tr-1E ?ROJECT ::C?,:--'! OF SERIES 1996 8:j~JD Fc.'PJ\'l O? REQUISITION ('.' i) ") ,. ?l;.GE: 77 77 78 79 79 81 81 81 81 81 8: 82 82 52 82 83 .~- :.. 3-1 (:-1 ;]-1 ~%ff.;&~~":' :)~:;';;r;: '~r t,- ':;. ::~'< {J~!i~'~~' J~;I;-;.~,~~;l J;t '.'~:':"r...~:,-- ~1~;t;!~;;~~- {y \::;. ..~/'~1 '}'..li-~ ~(-."j:Hf. ". ?;,.,).:.:'::,~~",:,~~ ~;:[\n:::~~ . ,y.,... r~.'."" ...('''V.....~ ;~J~jf.~~ ~ ,.) ,..~: ,~"",";.r:'1 J::.; -;:.~.~~~~jl:. '. ;,....:;!\',I.,; .'( ~ ""1'" ...~,~.I"( ,,/:~<~~,.~~(.~~t ...t:.....:;f_..:.\r.~~ ~~;.b})~.!~l[ \~~\::!;f.~-:.~~:,~:\m' . .' - '''l "J'l!'llf :f:.',~{~; ;hTl'~ :ioi;.;."iI:~"'t :.r.'\~~;r1. ;f~~i~Y Co,.., ;.'-:- {'KY.' '~>~'.~;l~/; ~~~ ,fj 'l.~~{:.~ }- ".~ '"'::'~"~'}'s:l ~:i'..-':~~'1'.~~~ .,..".... -)'~;~}; "'~~ :,~~<j,~' ~~~~.t~ . ..;.~'1'::f,~. ~-lA<l~.~~.,~ {.f~ ~:~,:.1~~~~~~.~~~:1. ..,L.\~.w ;r,~',i\~.'f.t~ ~,~,..:; ~':").f<.'; 'i ~:,~ ,~~I>>f.;:j~ 1'?:~'i~~t'';''1:'''~' ;'.r~"; f:r-~:sj t ,- . "!, .< t.. :;'~,Ji/ ';-{~::;t!".~~~'~:~~ ~., ~ . ~ '\'. ..~ ~'~\;'{',_~?'-i.~ -~ .~~~; ';:,' ~"t; ~;':rJ( /lof" 'l:'lt .~.~~." -~f~~~:., ~~~~~.t ..~~h..'.'.~.~".*. 1.~:!:~;~'-I',..J1' ; .',/;:,r;..: ~.u..~i' :.;. '.'t'.~~"f~'" ~:;1J~$:;~~~~~~' . ~~" ,..?;~. ' ~",.. :~.~~:\~'>Ji,g~ '.r," .'"....~.5!t ... .~ ,: ..,....~ .. ('. 't:.'.}.'iI;,,~'i; :~;'~~~:oi~: ..}.:,...,.:'*~,,~ 1 . '" .- " ..~.... ....,.. iJ.'. <,"." .~~ ~ ,.., i'. '~ .~:t: )'~ ~~ ~:~J.i'..~t.. ~..~:#.:-.~~ -: :.~~),' ;-- l..,,',.,~ ~. r~,. "'(i.;' :'~1..);.~......;t~t,"i~' il \tl ,t .~~;'tj'; ... .!.'"~""...~..:~:,"~\f :.. i.~;,." /.. ,'!i.~ ~ -:,:' ;'., ,~''l~.' l~.'\v,l'''t~ ]~t~~j.~ti "."j ....':.}f:~f?'~~ ..:;... ~ t ~t.~J;'C.:~,~, ~'- .r..;.~.,{}~~~~~~ """"'" (.n\' .j,."~~-_.:') ~~./"'iJ,..1 . ,. ..~ ~ ~'l',.~::t; '1:"1~;:k:\1::~~':;~fft;_ ~~_':.~.J~.';:~~, ':l:,t\~~'.t(^.. ~:}~': ~,..":~~_ -~f.t~ .. ',../. }:. tf.~'~~1t ~,,~,;~;~~,"tfi:f .:'''''(I.',!!,''~'~d~~ .jt:.?~';:;:-;, fiJ~".{'. .';f:1:t:,::'; ;:S' . ,._,' .t:t,'. r.. /~'.~ ":-:40_\~);rt" ..~'. '.~ ~1./j:.~ '.J.rJ'"l. . t. "~('~~' .;' ., r.....,~.'f.-.,; . ..,....j , ." 1....(." p., . :>1'\ ;~:H~.~ .,1.1 t.j"I'.", ~ t~\f~~t~~~;; '/';/. t. :'i~(1.'4 'if ),A>it{.. . ~~: f'.~~c};1i1~dS " ~_I-:'. ~ ~t~; 1..;t':J~.;tt."!= ~ ".1" (,,~:,,'f;l' {;JTV'~"~. .ilJ fl.:".;~~;..i'''~.~~' _~ ~-~. wlUJ~~~~~.-s._.'-"'-- ,....-- ~ ~,; 1 be -- " Ti-\:S TFijST II~~)~>;7~~~S, da.ted as of __~__.___________ 19:?6 (:he "Incentuce") by Cl(;(l bet......een HERITAGE G?EE,llS COi"it-1L1HT'f T)EVt'::..OF1<:EIE ;--lISTP.ICT (tht:: "Is"~u~r"), a local unit of special-purpose govl~rnment c.::-sa::.izc-::l a,'id exist ing '.lTlder the laws of the State of Florid,a. and r-Ip,s'r UNlm: >JATIONJ...L BANK OF' F!"'ORIDA, a natio;1c11 banking a!;sc;:ia- ~_i:)n duly crganl'.::ed and existing under the lal"'s of the U;;ited States of .1'..I,',crica a;-;d hCi.vin',; corporate tnh:;t of'::ices in Miami, ?lorlda (said na~ional banking association and any bank OI' trust company beccming successor trustee under the Indenture bein~r nere- ~_;-jdf'~er :~eferred to as the IITrt.4stee'l) i ~ I I II ~ SSE I H: ;,..,1-E?E.AS. the Issuer is a local unit of special-purpose ment created and established :n accordance with the COfr,:Tidnity Develo;Jment Distr.ict Act of 19BO, Charter 190, S~-(J:::.\~~':'CS, G~-.) d;--:\~:lGeG (~_he 11t\C:"') ar~d rJY Colli~r Count)l, sovern- Uniform Flcrida Flo:-ida I .- '..~ r) ',....1. __ il (~'.:)U~; t. ~/ l! ) -,.....,-1 ci ."...... ~;~~~?EAS :h~ p~er~lSeS t.O tie gove~r)ed by tlle Iss'JE~r are ~esc~lbed I~CYC ~ully ~~ Exhibi~ A attached herecc and made 3 part .~'l~rect I:L.~~('; 'ID1S~~ict Lar:csll c:r the :'Dis~rict") and corl~~l~;~,; of a ;:-; p:r ::;:--: ~ ~l cl t_ C ~~: :2 ~J? a c ~~ f~ so:" 1 a rl d 1 G C a. t e d e ~ t .i :-: e 1 y \.\.' ~~ t h i. nth e C:) ;-~ ~ t Y ; ," :,0 ;....;~~S~.~~;\SI ~_be Develope:'", as here:.na:te:: defi:'1edJ prO~)C~3eS to ~) I~~"':':' ~ :.):~ \r;.~: h :':-i t~.'~ ~) 1 S :-. :~ 1 C :::: c c :r- :. a i I; res:. d:::. :; t i ~::ll \J r: its and r e 1 ate d ~~ :~:.~. :i 1 J. ~:. e s c -, ~.: .C""; :.. 1. t.. 1"': := .'... ~. 9 acc~: 7T '..1 r:. l 'C. Y' d e ~,,' e .1 c. P [ Ii ~~ J'. t t 0 bel 0 cat e d C'11 :-.~'1~:: ;_~'_:.st:'lC:_ ~a~lcls' arid id~ ::~ ::, ==;'..s. ::. ;-: e I s sue ~- rL ,3. s t> e e l~ ere a t. "2 d cl r""4 des t 3. b 1 ish e d f () r t}1 e ;;'._~r'r-;n:;,e of. c(;11vering cer'C.ain corr~1T11Jnitlf 6e\...elop;n!~rlt Se1\llCeS and f2c~li~i_es ~Gr th€ be~efit cf the Distrlct Lands; and ....i ~ E R:::A:; . the I .s S \.l e r has de c ide d t 0 1..1 n d e r t a k e the p 1 a;'; :: i :; 9 , :inanci;-10. a:::q'Jisitior., cons::':-Jction, eCfuipping and installat:.c;:1 of c~~.tai~ ~~p~GVerLe~ts allthorized pursu~nt to t}1e Act fo~ the Si-:~~ial t~~~~lt of ~h~ Djstrlct Lands and all other facilities authc~ized )~/ t~:-:,:: .~..:::.: ~the "ProJect", as r.ereinafter d.efined,; and ',';H::=:;,S.;S, t:,e Issuer proposes t.o finar:c'~ t:-:e cost of acq',:isi- ticr: a~d cons~ruction of the Project by the issuance of the Sands ( 'f; t~ :- e i :.... (1 : L. e ~- l~ C' fin e d ) pur s ~l .3 n t ~ 0 t. his T n c~ e n t ',,J r e ; >J:Y.';, T:1=:;:'~::::-'O?S: THIS EfCE,t;T~'RS i-iITNSSS:::TH, that to provlce for ::. :--: e J. S sua n c: e ') f t.. he Be r1 d sun d e r ~ ~ i s I :'"i de r1 t u r ~ I the see u r i t. Y and ;::(~'/i".~e~1t 0~_ the p:::ln(:ipCil, red~~T""np~~:~:)n or p\..L~~C}l(1Sf; p:-:-ice therec: (as ::. :~. ':_=: C :i S ~ :-:-L (; -~, t~, c~; 2. :-~j i r~ ::. e :- ":?~ s :-. t r~ ~? :: f:~ -:;:-'. I :. ~i ~ ::- i 9 :i :. 5 () t the 0 '"",,7. e ~ S 0 f r-. :;..:... ~~ C' ;-; :.::~ ~'; d , ,'~.. :, :~~: '0 e :- :: c~ :- ~ Cl ~"'; ~ L? :". '~ c' ~ ~3 ~ .-r:: v c: ~1 :: e c' : a 1. ~ c : :. ~"': e cu'}e:;,~~'.':"S ::: =-_ -:-.:'- d. 11-lf~-:=-l !~, ("~ :; c: ~ T: E c, n d ~; , a r-: ~.~ l. :--~ fo~ cJ.. :: '~... ~) c.~.: ~ ;.-;~~'\>J;';C;!S-\ 1)72..... 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"~':'~~'''',(''~::'~ 11!.:'~!jJ,.:{\.lli ,;I., .",\f........~ ~..".~ ,~~,-,,,,,<,'.;.' :1: :', ~'I'.(..~ ~~' !~t~ "":~L 'po ;.....:...~~ ~!....::"., '\.'.~u i...~~t. .:\t.~~:,:'i:~~. i";: ,< ,~:(~~~.., ~'"..t '.; ~1."'-:,f.1"'/.:; ..~ ~'\ \~..~,J>~"r;\. !.I;<.,':~l.}jl;t :;:ll.;f.: ':":"f)., .tf'~ ~.:_;'.j~ .:.J>~~~ .;/.~ ~?~~~t~l' . .~. .......J~ ....,~\..,. ~. -r.~.::. \ .~. ~~-4n :t.:}/i.:'~~~ 'J~,,1'~...:-~... ;; ~. ;':fli~_'fl: ~~~~:~~i~:~3 ~ : "jl~~~"..t:',\~.t~~ '!:-:',,!~1.'Jl' .$~" oj]" ::i~, ~,~: 4: ~if'~~t~~~:t:': ~// ~'~';:J t .~,~~~~~~~ ; ;I..':'.'~",~, ....'t:,!;.'..., t..~.. i'" ."'-"... '-.t.i .~., \'.I;,~;;,&" , "~9{:;.:;,'ti6 't~'.: ":,~~r..<:/111'1.. <;~.~~~'~;~.!.~~ .,'."..... ,,\1,. :0A;t;r~;: ...!;'...;.'~:~,~ '..., '-~ .'" -.....'!J;.. "):7.,"::'",. :" \ " f i"'~ (, ","- , t~t~~ . ' 'f"" :.,.~.l'7: . .-, "~.}.:."..j~.,.~ ;;~~\?1~~;~ !,...:,~., ~II . -- "J~$ l~'lr, ~ .~t*t~"."L.'i ~ "',.. .'. ..~(;\'.ti.:.~..;'''!-'., ~.~... ...:~. jt...").",.~.;;..\....ti'.~'"~",, 04.....w"..t..,~~.;..:.\t~~,; ..';t'': .1'~.~.".:.~.l.. .":1t;;1.,;. ".U ~ .:;...\:t\t"t.7f......''C.'''A ,':'" ,. "",'''.}o,..~' . .v' .'~. .J.'~ .,;". \ )~ ~.r'C,'''\ '!~'" .",-" .. 'ttl..." ~ ~.it!. 'H "", . " .. .....,. _na 1 (.. (' '..J U 3 cansider~tlo~ af the mutual cavenancs herein co~tain2d and af the ~\j'!:c::hi1se ()no aCc8ptanc,:;: of the Bonds by the C'wner::; thereof, :rc)m ~ime to tlme, and af the acceptance by the Trustee of the trusts h'2reby cr"23.ted, and :i.ntE:nding to be legally bound hereby, the Iss'Jc;r hereby assigns, transfers, sets over and pledges to the Truscee and grants a lien on all of the right, title and interest of t:le Issl.Jer in and to the Pledged Revenues (hereina~ter defined) as ~.,ecurity for the paymerlt of the princ:i.pa:,., n;demptio:1 or purchase price of (as the case may bel and interest on the Bonds i.ssued hereunder and to secure the perfo!.\TIance of alJ the Ielsuer '8 cbligatie,ns hereunder, all in the ma.nner hereinafter "rovid€~d, a:1d thc:: Issur::r turther he:r:eby agrees ....Iith and coven::i:-"ts un':"o the Trus~ee as follows: l~j T ~~ \ ~~;';,K 1 S \ is 75'~ 'J l \, 11 / ? S.l ~: 2 ~1rtJ~.uf"'~.......ft)"""""M""""" -........ 1 6 L~ 3 ARTIC:"'E r DEFINITIONS In this Indenture and any indenture supplemental hereto e:Accpt i1S othec.Hise expressiy pro'/ided or u~iless the context ct;'1cn.;ise .:'p.q~..:i't'es) r,erms used CiS defined terms in the r;=cit',als hereto shall have the same meaning throughout the Indenture, and in ;:) d d .l t i :::m , the E 011 0 \v i n 9 t e r-;r, S S ;-, -3 11 h a vet hem ear: 1 n 9 ssp e c i fie d 'oe10w: Il A::.: r: 0 \J. ;-1 t II shall mean any account established pursuant .. ., ~~, the I nder: t ure . "l'C'TJi.:;~tior: llcjre::::<c:lt" sh;::.l} mean the Irr,proVCG'('llt Acquis:tion !Icp',:r:r::r'[l: t.,..t."!'.".'fl t,!\(. j :;:;11':1' ;I[:,j [J;~'J(:l(Jr".':, rl;lt~d ,1;/ of __ _..,. 1"'11" r",Jr:;ul:1t ~.u '...'Lirh the D("..r:lop(~r h,1S agre,"l to '~'CH1~-;t rtAC:. a:'ld ~~~~l.,l tc t~hc.~ I~,~--i'--~f-~l-r (ind the Issuer has agr'~cd to P'~;;:-Ch(}.'3C f.::'~C.)r:1 t~.~ ~Jc'\.:e~Orj(~:-, (=->'~Ttain ir:~p:'ovel~'1~:lts cOfTI.prisi"1g the r.l r ') -; I-_~ (: ~ 1_) r r1 fl ~j r-:' ~ r~, nth ~~. ~''. l.J f . "\r" I . '- '._ "lIC' " .'ih"j J ,7\;,'a:l t.;':e Un} to:::m CO'r"~II"::J::.ty ~)f'vclopmcnt Dlst l'ict ,::)f :S'tL; C:~(j:,~J'r l(i:), F~::,;:](L; .stiltu::'e~~, CiS .'1rncr:dec3 fe-om tl:7','.:: to ,~: 1 i::' ~ n;--jl_.i fln'/ ~;'l'..:('(:~~;)(.JY ~;t rltl_~':.-~ th(.~r'~t'~). II ,.....:-j ~-; : . '-1 : \- " ~; I 1,11 .. ~~':"~(ljl t~c TS~~U0r'~_j lJ,~,j(1ct of C1d:-rCrj': n',Jd(-;,('" to ~: P"~ :.. a..... 1 :~ ~j ;1 n CJ for ['i,scal c ~ the t. 'r j:) "- . . ~~ prcj ;-:"ct. Sec~ ion for 0 9,20 :;-';d lL:'~:lan'.:c eXDer::;es Y C ,=t:.~ , , . () G '::: ;-):- ,~c tj~~ ~:o'J:SJ_8~S of ;::,.".r,'.;,)r~:: t8 1 L ,j ~~ :-~ :_ '..: .:- r~ a.s ~:.~.~:.:: S:J:i~ r;-,(J'/:;c a:T':F.:~}dej [re,;":l tlr7ie to tlrne. ";:":..;:h(~:~tir=C1ti:-;r] .~\9~:1"-" sf1311 ~iean the agt:nr. SCI descril)ec inl ar.u -3pp8i~~:"~~d p~~:-suant to, Seci:.i.ur1 2,03 herf.:()f, d;~'..:..:-_r..::;::-j zee: Deno~ii;-.a:'.ion" shall rrlea~1 SS, ODel and any integral :71U ,1 ~~ :. p]. 2 ~:: S:J, C () () , n/,'J~t,c:-.i.:;:ed ;,.e'.,'spapcr" shall r,'ea.r1 a ne',.,'spaper printed ln ::=n~ills!l CJ.nc1 cust.::)[r.ari1'l pLb~ishe::i at least once a day a.t least ::,i,ve _~J:l/:'; a ',;er::< dnj generally cirC'...;lat'ed H'. lie"" Yor..:;" New York, or ':"c,ll';",;:,~.'c,u;',~,/, ?lce.ria or such other cities as the Issuer from t._'i;:~~:: t,:) ~~i;';:e :,:i]\l d~termine by ,",,':'itten nc,~ic:e t:)ro\ticied t8 the Trustee, When s\Jccessive publications in ~n Authorized News~aper d re r eC"-;~~L red, u,,=,y may bE: r::ac1e .:i. r. t he sa :;112 c;: d} f f e:::er'. t Aut he::: l z ec. :Jc~'St:'.3.;"',f:rs " f12Cuyd'1 sr4all fTlean the L)c'a.rd of surJer",lisCl-S of tr~e Issu~~:-. lI~~.sn~~ CG'~l:-:s~l!l s h all IT' e a. n i,::: c, \~ n s e 1 0, f n a t ion a 1 : y r e cog r. :. zed }.) crt Ct i r~ i n 9 t Co t n t? e x c .1. U S 1 O:-i f r 1::1 ;n 9 r 0 S sin C 0 t"ii e s:a~dj;-:g l~ ~att.ers J C;",~\.J...\:?,';(;()\jS7,:': 0~ '; I~~;-/::': .~~-"'~:dIM.l.W]>gf/tlfill~'" ~ , 1 6G .J for federal income tax purposes of interest on obligations issued ..' by states and their political subdivisions. ~ v', 11 Bondholder" , "Holder of Bonds", t"Holder" or "Registered oWr\.er" or any similar term shall mean any Person or Persons who shall be the registered owne:- of Outstanding Bond or Bonds I as ev~penced 9n the Bond Register of the Issuer kept by the Registrar, "Bond Redemption Fund" is pstablished pursuant to shall mean the Fund so designated which Section 8.03 ~ereof. n.l have the meariing specified in Sectio~ ';< "Bond Register" shall 2.04 of this Indenture. ) .~ ,"Bonds" shall mean, collectively, (i) Series 1996 Bonds and (iill l;'pny and all series of Refunding fBonds authenticat.ed and de~i~~red under the Indenture. No additional bonds are authorized undelt;this Indenture. liil ~B~siness Day" shall mean any day other than a Saturday or sund,,'~o.r legal hol iday or a day on whic~ the principal of f ice of the.. ~','.~..~S, suer, the Trustee, the Registrar'I': or any Paying Agent is clos~~. : U,' t ?)", :- '.H~Certified Public Accountant" shall,,\mean a Person, who shall be ~~'gependent: ~ppointed ~y the Issuer. act ~ ,:~ly engaged ir: ~h~ bUS,~. .~..,'e...",s.s of pUDl~c account~ng and duly c ertltled as a certlfled pu~lB~ccountant under the laws of the State. ::: .'~~ ' , i. J~,..ll....~,.qe.rtified Resolution" or "Certified;Re~olution o~ ~he Issuer" shall:; mean a copy of one or more resolutlons certlfled by the secnllfa;ry or an Assistant Secretary of the Issuer I under its seal, to nctit. re:, ,been duly adopted by the Board and tc be in full force and :eff,e(~Ras of the date of such certification. ~~. n. .', ".1.' ~.,;;. \ /, 'je.,:' shall mean the Internal Revenue Code of 1986, as '1,".;;;' I.. ,:,' i j. : ).,l:,sliruction Fund" shall mean the Fund so designated whic:-. :'5 re~ pursuant to Section 5.01 hereof. ,nsul tant" shall mean a Person, who shall be Independe:".:, ;d by the Board, qualified to pass upon questions rela::~~ ipal entities'and having a favorable reputation for skil: ., riE~mce in the'l! financial af fairs of municipal entities. IIC~nsultant I s Certificatell shall mian a cert.ificat.e c:::- a repo]f;' 'prepared in accordance with then i applicable professic:-:a:'.. 6tap, :~ d:ul y executed by a Consul tan t. i' , . ~i <UK . ,i'I,l ,., ';:$:!i)' f ';1 ';" ~r~i' ~. ;:.J .",1, ,I . ,r3ifH\~ "'J :, ~:~t' i~. :J ?',~;1 ' ,:'1' 10.1 :,' ,:1, ~") 1~" }c" i. ,".....' 't~::,:' ) :;111 - .; - I , __.~ ____.....4...__..'_ .___......... ~.. -... ~-_..~ ,~ i 1 6G 3 "Consulting Engineer~ shall mean the Independent engineer or engineering firm or corporation at the time employed by the Issuer under the provisions of Section 9.21 of this Indenture to perform and carry out duties imposed on the Consulting Engineer by the Indenture. The Independent engineer or engineering firm or corpor- ation at the time serving as the engineer to the District may serve as Consulting Engineer under the Indenture. "Cost~ or "Costs", in connection_with the Project or a!1Y port ion thereof, shall mean all expensesl~"w. hich al'e properly che,uge- able thereto under Generally Accepted Accounting Principles or which are incidental to the planning, financing, acquisition, con- struction, equipping and installation thereof, including, without limiting the generality of the foregoing: (a) expenses of determinin! the feasibility or prac- ticability of acquisition, construction, or reconstruction; I (b) cost of surveys, estimates, plans, and specific- ations; , (e) cost of improvements; , f (dl engineering, archi tectural, fiscal, legal, . Trustee, accounting and other professional and advisoD' expenses and charges; I (e) cost of all labor. materials, machinery, and equipment (including, without l:mitation, (i) amounts payable to contractors, builders and materialmen and costs inciden~ to the award of contracts and (ii) the cost of labor, facilities and services furnished by the Issuer and its employees, materials and supplies purchased by the Issuer and permits and licenses obtained by the Issuer); (f) cost of all lands, properties, rights, easements, L and(~ranehises acquired; ili () f' , h il ti1: g lnancJ..ng c arges; iI" "I, . ~I fungi; (hi creation of initial Iserve and debt service I....,':.'.. :1 ;;: :::::::t ca::::::s . incurred or estimated to be I:::: incu'O:Ted on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or acqu"'isition as the Board may li:~ deterne;' I ~'1 If - 5 - ('t:~1 GTH\PfrR I S\ 157~~,OI \ 11 /26/96 I!:.I:; ,it! ~ I'll, I 'II 'i!i:.li.~'. I I !i~ . . 1 6G 7, ./ (k) the cost of issuance of bonds, limitation, advertisements and printing; (I) the cost of any election~held pursuant and all other expenses of issuance of bonds; ~:.] including, without , to the Act (m) bonds; the discount, if any, on the sale or exchange of \.i (n) amounts required :to repay temporary or bond a~ticipation loans made to finance any costs permitted under the Act; (0) costs of prior improvements performed by the Issuer in anticipation of the Projectj I Hil (p) costs incurred to enforce remedies against eo~tractors, subcontractors, any provider of labor, material, services, or any other Person, lfor a~ defaul t or breach under the corresponding contract, or in connection with any other dispute; i " (q) premiums for contract bonds and insurance during eonstruction and costs on account of personal injuries and property damage in the course of construction and insurance against the same; ~ (r) payments, contributions, dedications, and other exactions required as a condition to receive government approval or permit i necessary to accomplish District purpose; , (8) administrative expenses;~i any any any , " (t) such other expenses as may i DC idental to the acquisition, constru'ction, of the Project or to the financing thereof; ~, (u) any other "cost" or expense as provided by the be necessary or or reconstruction and Aet, ,1,',1 0' j ~llIn connection with the refunding or redeeming of any Bonds, "Cost" '"includes, without limiting the generalit~ of the foregoing, the I::!;i tems 1 i sted in (d), (k), (1) and (m) a,bove, and other expenses ::~related to t~e redemption of the Bonds to be, redeemed and the ffiRedemptlon PrJ..ce of such Bonds (and the accrued lnterest payable on .;::redempt ion to the extent not otherwise provided for). vlhenever i',:Costs are required to be itemized, such itemization shall, to the '~xtent practicable, correspond with the items listed above. 'Whenever Costs are to be paid hereunder, such pa:r'ment may be made "I ,.. .~TH\HARR IS \ 1 5784 01 \ 11/26/96 ~~l~ lrF~' - 6 - , " 1::,t...~ :~l.-P..~\::..:"\~.lJ(~~" ... . --".::'::. I 1 6G 3 by way of reimbursement to the Issuer or any other Person who has paid the same. I I ~Counsel" shall mean an attorney..at-Iaw or law firm (who may be counsel for the Issuer) not unsatisfactory to the Trustee. "County~ shall mean Collier countY,~Florida. "Debt Service Fund~ shall mean the Fund so designated '....hich is established pursuant to Section 6.04 hereof. , ~Debt Service Requirements~, with reference period, shall mean: to a specified " (a) interest payable on the Bonds during such period, subject to reduction for amounts held as eapitalized interest ln the Funds and Accounts established under the Indenture; (b) amounts required to be paid into any mandatory sinking fund account with respect to the Bends during such period; and (c) amounts required to pay the principal of the Bonds maturing during such period and not to be redeemed prior to or at maturity through any sinking fund account. "Debt Service Reserve Fund" shall mean the Fund so designated which is established pursuant to Section 6.05 hereof. ~Debt Service Reserve Requirement" shall mean an amount equal to the lesser of (i) the maximum annual Debt Service Requirements for all Outstanding Bonds, (ii) 125\ of the average annual Debt Servi.ce Requirements for all Outstanding Bonds, or (iii) 10\ of Bonds Outstanding on an Interest Payment Date calculated after any I' redemption on said Interest Payment Date. "Defeasance Securities" shall mean, to the extent permitted by law, (a) non-callable Government Obligations, and (b) securities described in payagraph (i) of the definition of Investment Secur.i. ties. I "Developer" shall mean Ronto Developments Naples, Inc., and any entity which succeeds to all or any part pf the interests and assumes any or all of the responsibilities of said entity as the master developer of the District Lands. , "District Lands" or "District" shall mean the premises governed by the Issuer, consisting of approximately 252 acres of land constituting a community development located entirely within the County, as more fully described in Exhibit A hereto. - 7 - GTH\KAR~lS\lS784,Ol\11/26/96 ...._.,_.~___,'" __..-- _ 1~....,J I ~ _~...... ~r...-~.')..L ~.:"'_. _.. _ ~.....- ~'....,'~.,.,. ._ ~ ::"",".~"~.JIl"i__~___-=-- _......-.r'P'i".,.,.t.,:r.::'".ll'!,~... - ~~l " .:.' I \f' I . t ~ 1 6G 3 , , ill "District fvlanager~ shall meanl the ;then District Manager or I acting District Manager of the Issuer. I "Event of Default~ shall mean any of the events described 1n Secti~:i::~:2 y:::~,Of~hall mean the Iperit of twelve (12) months beginning October 1 of each calendar year and ending on September 30 of the following calendar year, and also shall mean the period from actual execution hereof to and' including the next succeeding September 30 i or such other consecutive twelve-month period as authorized by law. "Fund" Indenture. ;~ shall mean any fund established pursuant to this ~Generally Accepted Accounting acco~nting principles applicable in state~ent8 of municipalities. I Principles" shall mean those the preparation of financial ,~ "Government Obligations" shall mean direct obligations of, or obliga::.ions the timely payment of 'principal or and interest on whi ch are uncondi tionally g'uaranteed by, the United States of America. I ~. "Indenture" shall mean this Indenture by and between the Issuer and the Trustee, as supplemented from time to time in accordance with the provisions of Article XIII hereof. "Independent" shall mean a perJon who is not a member of the Issuer I s Board, an officer or employee of tbe Issuer or the Developer, or which is not a partnership,~ corporat.ion or associa- tion having a partner, director, off icer, member or substantial stockholder who is a member of the Issuer's Board, or an officer or employee of the Issuer; provided, however, that the fact that such Person is retained regularly by orlregularly transacts business with the Issuer or the Developer shall not make such Person an employee within the meaning of this ~efinition. "Institutional Investor" shall h'ave the meanina ascribed to it by Rule 144A promulgated by the t1nited States ~ Securities and Exchange Commission under the Securities and Exchange Act of 1933. "Interest Account" shall meant the Account so designated, established as ? separate account within the Debt Service ~lnd pur- suant to Section 6.04 hereof. , "Interest Payment Date" shall mean each May 1 and November 1, while any Bonds are Outstanding; pro~ided that the first interest payment shall be on May 1, 1997. - 8 - I GTH\HARRIS\157B4,OI\11126/96 ~ 1~' " la, ~ ~.,J;t',. ._.~~ ~-._~ ~~......-,~".. ~~....~._..._.~...~......--...,........ l"'.....~... ..._ ...~. ......~ .,....... ~_ 11II 1 6G -:.; " "Investment Securities" following securities, if and legal investments for funds shal:l mean and include any of the to the extent the same are at the ti~e of the Issuer: I (a) Government Obligations; (b) Bonds, debentureJ, notes or other evidences of indebtedness issued by any o~ the following agencies or such other government-sponsored agencies which may presently exist or be hereafter created; provided that, such bonds, deben- tures, notes or other evidenc~s of indebtedness are fully gua- ranteed as to both principal a'nd interest by the United States of Al'nerica: Bank for Cooperatives; Federal Intermediate Credit Banks; Federal Financing Bank; Federal Home Loan Bank System; Export-Import Bank ofjthe United States; Farmers Home Administration; Small Business l\.dministrat ion; Inter-American Development Bank; International Bank for Re~onstruction and Development; Federal Land Banks; the Federal National Mortgage Association; the Government National Mortgage Association; the Tennessee Valley Author i t y; or the Washin9ton Metropol i tan Area Transit Authority; I I (c) Direct and genera] obligations of any state of the United States, to the pay~ent of the principal of and interest on which the full faith and credit of such state is pledged, if at the time of their purehase such obligations are rated in either of the two highest rating categories by either S&P or Moody's; ! , (d) Negotiable or nAn-negotiable certificates of deposit, time deposits or other similar banking arrangements issued by any bank or trust eompany, including the Trustee, or any federal savings and loan! associa t ion, the depos i ts 0 f which are insured by the Federal Deposit Insurance Corporation (including the FDIC I S Savings Association Insurance Fund), which securities, to the extElnt that the principal thereof exceeds the maximum amount in~urable by the Federal Deposit Insurance Corporation and, therefore, are not so insured, shall be fully secured to the\extent permitted by law as to principal and interest by the s~curities listed in subsections (a), (b) or (c) above; provided, however, that with respect to securities used to secure securities hereunder, in addition to di.rect and general obligatiohs of any state of the United States, Investment Securities shall include direct and general obligations of any political subdivision or instrumentality of any such state, to the paymentlof the principal of and inter- est on which the full faith and credit of such subdivision or instrumentality is pledged if ~uch obligations ar~ initially rated ~A" or higher by either S&P or Moody's; I I \ - 9 * ~ GTH\HAR~lS\lS784,Ol\11/26/96 ~: :':: .:,.': ~":'~r~:' ~~~r~'.-::~;'~~ .:..,.:~.:'::f , (e) Bank or broker repurchase agreements fully secured by securities specified in (al10r (b) above, which may include ~epurchase agreements with the commercial banking department of the Trustee, provided thatl such securities are deposited with the Trustee, with a Federal Reserve Bank or with a ba~k or trust company (other than ~he seller of such securities) having a combined capital and surplus of not less than $100,000,000; t (f) A promissory note or a bank holding company rated ~.7:J."A~ or better by either S&P or Moody's; ~ (gl Any short term government fund whose assets eonsist of (al, (b) and (c) above; I (hl Commercial paper which at the ti~e of purchase is rated in the highest rating category by either S&P or Moody'S; (i) (Al certif icates levidenCing a direct ownership interest in non-callable Government Obligations or in future interest or principal payments thereon held in a custody account by a custodian satisfactory to the Tl'ustee, and (B) obligations of any state of the United States of America or any political subdivision, public instrumentality or public authority of any such state which are not subject to redemp- tion prior to the date on which the proceeds attributable to the principal of such obligations are to be used and which are fully secured by and payable solely from non-callable Govern- ment Obligations held pursuant to an escrow agreement satis- factory to the Trustee, provided that such obligations shall be rated in the highest rating category of either Moody's or S&P; 1 (j) shares of an opJn-end, diversified investment company which is registered under the Investment Company Act of 1940, as amended, and which invests its assets in any of the securities described in clauses (a), (b) or (c) hereof; I ~<~ .:.. ~ t'" ~\: t ~.i; i>; .. . I, .:" t..,~, '\.. . ~ ft'" , ... . .r!.I~ I ...".' ,....~ ~. lf~. -.:~ .... J"'''''' i\_it"~";tA~..,,,..,.. .~l ~;;."i. .:..........1. "olI' -' J '''4f.. \. ,.,. M" 1 6G 3 1 (k) shares of any money market mutual funds which fund invests its assets in any of the securities described in claufles (a), (b) or (c) hereof; and I ~ (1) other investments in which funds of the Issuer may be lawfully invested, i "Issuer~ shall mean Heritage Greens Community Development District. I "Moody'S" shall mean Moody's Investors Service, Inc., a cor- poration organized and existing ubder the laws of the State.of Dela....'a~e, its sueeessors and theirlasSiS:1S, and, if s'..:.ch co:::-por- - 10 iil. ;;'f " ~ GTH\f~R1S\157BA,Ol\11/26/96 I ;.~ .. \ ation shall be dissolv~d or liquidated or shall no longer perform the functions of a securities rating agency, "Moody's" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Issuer and acceptable to the Trustee. 1 6G 3 "NRMSIR~ shall mean any nationally recognized municipal securities information repository approved by the Securities and Exchange Commission as the District may select for the purpose of filing reports, and any state information depositoI~ established for the State of Florida, I \ "Officersl Certificate" or "Officer's Certificate~ shall meaD a certificate, duly executed by a Responsible Officer and delivered to the Trustee. I "Option Agreement" means that agreement between [US Home) and the Developer dated as of [date) wHerein Developer has granted US Mt Home an exclusive option to acquir~ lots within Heritage Greens, [Need copy of Agreament] I 1 "Outstanding", in connection with Bonds, shall mean, as of the time in question, all Bonds authenticated and delivered under the Indenture, except: 1 (a) all Bonds theretofore canceled or required to be eanceled under Section 2.07 hereof; I (b) Bonds for the payment, redemption or purchase of which moneys and/or Defeasance Securities, the principal of and intere3t on which, when idue, will provide sufficient moneys to fully pay such Bonds lin accordance ~ith Article XIV hereof, shall have been or shall concurrently be depos i ted with the Trustee; provided that, if such Bonds are being r.edeemed, the required notice of redemption shall have been given or provision shall have tieen made therefor, and that if .such Bonds are being purChased,\ there shall be a firm commit- rr,ent for the purchase and sale thereof; and (c) Bonds in substitution for which other Bonds have been authenticated and deliv~red pursuant to Article II hereof. ! ! In determining whether the Holders of a requisite aggregate principal amount of Bonds Outstanding have concurred in any request, demand, authorization, d1rection, notice, consent or waiver under the provisions of the Indenture, Bonds to which the Trustee has been notified in writing by the Issuer (or of which the Trustee is otherwise so advised) to De held on behalf of the Issuer or the Trustee shall be disregarded for the purpose of any such , , - 11 - GTH\HARRIS\15784,Ql\11/26/96 1 6G , ] determination; provided, however, this provision does not affect the right of the Trustee to deal in\BondS as set forth in Section 11.09 hereof. "Paying Agent" shall mean the Trustee, or any successor designated as such pursuant to Section 11.20 hereof. "Person" shall mean any individtal, corporation, partnership, association, joint-stock company, trust, unincorporated organization, governmental body, political subdivision, municipality, municipal authority or any other group or organization of individuals. "Pledged RevenuesU shall mean,) (a) all revenues received by the Issuer from Special Assessments levied and collected on the District Lands specially benefitted by the Project, including, without limitation, amounts !eceived from any foreclosure proceeding for the enforcement ofl collection of such Special Assessments or from the issuance and1saleof tax certificates with respect to such Special Assess."cnts or from any other remedial action, and (b) all moneys on deposit in the Funds and Accounts established under the Indenture; provided, however, that Pledged Revenues shall not include revenues received bv the Issuer from (i) any moneys transferred to the Rebat~ Fund, or investment earnings thereon and (ii) ~special assessmen~s~ levied and collected by or on behalf of the Issuer under Section 190.022 of the Act for main- tena.nce purposes or ~maintenance special assessments~ levied and collect.ed by the Issuer under Secti'on 190.021(3) of the Act (it being expressly understood that the lien and pledge of the Indenture shall not apply to any of the moneys described in the forego~~g clauses (i) and (ii) of this proviso) . "Prepayment Account:t shall meab the Account so designated, established as a separate account within the Bond Redemption Fund pursuant to Section 8.03 hereof. t "Principal Account" shall mean the Account so designated, establ i shed as a separate account ,i thin the Debt Service Fund pursuant to Section 6.04 hereof. ! ~ proj ect 11 shall mean the planJing, financing, acquisition, construetion, equipping and installation of certain improvements permi t ted under the Act as authorized by the District for the speci21 benef i t of the District Lan1ds, all as more specif icall y described in Exhibit B hereto. ?~ "Property Appraiser" shall mean the property appraiser of the County, - 12 - GTIf\HARRIS\ 15184,01 \11/26/96 , . ,_.. ~.P4IIUIf'J __ __.1~~.~~ .~. -...". .. ~'fI"-~-IV--"""'IV----fv~f.~~'W""".8'8~ 1 6G 3 "Property Appraiser and Tax collector Agreement~ shall mean the Property Appraiser and Tax Collector Agreement described in Section 9.04 hereof. I "Rebate Fund" shall mean the Fund so designated, which is established pursuant to an arbitrage rebate agreement, into which shall be deposited certain moneys inlaccordance with the provisions of said arbitrage rebate agreement., "Record Date" shall mean, as the case may be, the applicable Regular or Special Record Date. 1 "Redemption Price" shall mean the principal amount of any Bond . ' plus the applicable premium, if any, payable upon redemption thereof pursuant to the Indenture. \ "Refunding Bonds~ shall mean Bonds issued by the Issuer to refund or advance refund all orl' any portion of the Bonds Outstanding. "Registrar" shall mean the Trustee, or designated pursuant to Section 11.20, which entity responsibilities set forth in Section 2.04 of this "Regular Record Date" shall meaJ the fifteenth day (whether or not a Business Day) of the calendar month next preceding each Interest Payment Date. , "Regulatory Body" shall mean and include (a) the United States of lI.merica and any department of or corporation, agency or instru- mental ity heretofore or hereafter created, designated or esta.b- lished by the United States of America, (b) the State, any poli- tical subdivision thereof and any department of or corporation, agency or instrumentality heretofore or hereafter created, desig- nated or established by the State, (c) the County and any depa.rt- ment o!: or corporation, agency or instrumentality heretofore or her~after created, designated or e~tablished by the County, and (d) any other public body, whethe;t, federal, state or local or otherwise having regulatorj jurisdiction and authority over the Issuer, , "Responsible Officer" or Responsible Officer of the Issuer~ shall mean the District Manager or any member of the Board or any other officer of the Issuer or other person designated by Certified Resolution of the Issuer, a copy of which shall be on file with the Trustee, to act for any of the foregoing, either generally or with respec:t to the execution of any particular document or other specific matter. any successor shall have the Indenture. "Revenue Fund" shall mean the Fundi so designated which is establlshed pursuant to Section 6.03 hereof. - 13 - ,1 GTH\HARR1S\lS784,Ol\11/26/96 ~_________-~ "'IA_~""'IIII:lI'lil>'.I_I"""'- -.-.....~~~.. --..... --.....-..--.. lj'.''/. f'! k 1 6G ~~ , -~ j1 ~S&P~ shall mean Standard & Poor's Ratings Group, a division of McGraw-Hill, Inc., a corporation organized and existing under the laws of the State of New Yoirk I its successors and their assigns, and, if sueh corporation shall be dissolved or- liquidated or shall no longer perform the fu~ctions of a securities rating agency, ns&P~ shall be deemed to tefer to any other nationally recognized securities rating agencl designated by the Issuer and acceptable to the Trustee. "Series 1996 Bonds" shall mean the Dollars ($ ) aggregate principal amount of the Issuer's Heritage Greens Community Development District (Collier County, Florida) Special Assessment Bonds,1 Series 1996, to be issued as fully registered Bonds in accordance with the provisions of the Indenture, and secured a.nd authoriz'ed by the Indenture. "Sinking Fund Account~ shall mtan the Account so designated, esta, bl ished as a separate account \Wi thin the Debt Service Fund pursuant to Section 6.04 hereof, , II Special Assessments" shall mean (a) the net proceeds derived from the levy and collection of ~special assessments", as provided for" in Sections 190.011(14) and 190)022 of the Aet (except for any such special assessments levied and~ollected for maintenance pur- poses). against the District Lands that are subject to assessment as a result of the Project or any pbrtion thereof, and (b) the net proceeds derived from the levy and collection of "benefit speeial assessments", as provided for in Section 190.021 (2) of the Act, against the lands within the Distri~t that are subject to assess- ment as a resuJ>: of the Project or ahy portion thereof, and in the case of both n special assessments ~ I and "benef i t special assess- ments'" including the interest and penalties on such assessments, pursudnt to all applicable provisions of the Act and Chapter 170, Florida Statutes, and Chapter 197;, Florida Statutes (and any successor statutes thereto), including, without limitation, any amount received from any foreclosurefproCeeding for the enforcement of co~lection of such assessments or from the issuance and sale of tax certificates with respect to s ch assessments, less (to the extent applicable) the fees and costS of collection thereof payable to the Tax Collector or other collection agent and less certain administrative costs payable to the Property Appraiser and Tax Collector pursuant to the Propertvl Appraiser and Tax Collector Agreement. "Special Assessments~ -;;hall not include ~maintenance special assessments~ levied and cOllected by the Issuer under Section 190.021(3) of the Act. 1 "Special Record Date~ shall mean such date as shall be fixed for the payment of defaulted intereSt on the Bonds in accordaDce with Section 2.01 hereof. ~~I ii I, j\ J ~ , "State" shall mean the State 0 Florida. - 14 - GTH\HARRIS\lS784,Ql\11/26/96 ...............~.-.-.-...-----_..~----_............... t'" 1 6G 3 ~~........-;.._._--.~.,..- i . ~Tax Collector~ shall mean the fax collector of the County. The words "hereof", "herein", "hereto", "hereby~, and "hereunder" (except in the form oj' Bond), refer to the entire Indenture. Every "request", "requisiion", "order", "demand", "application", "notice~, ~statement"t "certificate~, "consent", or similar action hereunder by the Issuer shall, unless the form or execution thereof is otherwise specifically provided, be in writing signed by a Responsible Officer. 1 I All words and terms importing the singular number shall, where the context requires, import the plural number and vice versa. [END OF ARTICLE IJ :~ ~!'i - 15 - GTH\HARRIS\lS784,Ql\11/26/96 ......."...,.." ...---- 1 6G 3 ARTICLE II 1 THE BONDi SECTION 2.01. lilllQ1.ill..ts and Tenns of Ser~e~96 Bonds; DI~ ~Series 1996 Bonds.. The Issuer is hereby autnorized to issue pursuant to the terms and conditions of this Indenture, its obligations to be known as "Heritage Greens Community Development District Special Assessment Bonds, Series 1996" (the "Series 1996 Bonds"). The total principal amountt. of Series 1996 Bonds that may be issued under this Indenture is expressly limited to t Dollars ($ ) . The Series 1996 Bonds shall be issued substantially in the form attached hereto as Exhibit C, withfsueh appropriate variations, omlSSlons and insertions as are permitted or required by this Indenture. The Series 1996 Bonds sl'1all be nurr.bered consecutively from R-1 and upwards, The Issuer shdll issue the Series 1996 Bonds upon execution hereof and satisfadtion of the requirement:s of Section 3.01 hereof; and the Trustee shall, at the Issuer's request, authenticate the Series 19.96 Bonds and deliver them as specified in the request.. The Series 1996 Bonds are being issued and delivered hereunder for the purpose of (i) financing the Costs of the Proj ect, (i i) making a deposrt to the Debt Service Reserve Fund in the amount of the Debt Service Reserve Requirement and (iii) paying the costs of issuancedf the Series 1996 Bonds. The Series 1996 Bonds shall be issued aSf' ully registered bonds without coupons in Authorized Denominations T;"e Series 1996 Bonds shall be dated 1, 1995.. Interest on the Series 1996 Bonds shall be payable ()n May 1, 1997, and on each Interest PaY111ent Date tHereafter to maturity or prior redemption, Interest on the Series 1~96 Bonds shall be payable from the most recent Interest Payment Date next preceding the date of authentication thereof to which interest has been paid, unless the date of authentication thereof is a t 1 to which interest has been paid, in which case from such date of authentication, or unless the date of authentication th reof is prior to May I, 1997, in which case from 1996, or unless the date of auther.tication thereof is bet\rJeen a Record Date and the next succeecting Interest Payment Date, in which case from such Interest Payment Date. The principal or Redemption P ~ce ~f the Series 1996 Bonds shall be payable in lawful money of t e United States of America at the cOl~orate trust office of the pay,ing Agent upon presentation of such Series 1996 Bonds. The payment!:f interest on the Series 1996 Bonds shall be made on each Interest Payment Date to the Owners of the Series 1996 Bonds by check or d aft drawn on the Paying Agent and mailed on the applicable Interes Payn\ent Date to each Owner as such Owner appears on the Bond Regis~er maintained by the RegiSLra~ - 15 - GiH\HAR~IS\lS784,Ol\11/25/96 .~ 1 6G 3 as of the close of business on the Regular Record Date, at his address as it appears on the Bond R.gister. M1Y interest on any Series 1996 Bond which is payable, but is not punctually paic or provided for on any Interest Pa11Tl~nt Date (hereinafter called "Defaulted Interest") shall be paid t.o the Owner in whose name the Series 1996 Bond is registered att the close of business on a Special Record Date to be fixed by tne Trustee, such date to be not more than fifteen (15) nor less th~n ten (10) days prior to the date of proposed payment. The Trus~ee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date ~herefor to be mailed, first-class, postage-prepaid, to each Owner of record as of the fifteenth (15th) day prior to such mailing, at his address as it appears in the Bond Register not less than ten (10) days prior to such Special Record Date. The foregoing notwithstanding, any O'lfmefr of Series 1996 Bonds in an a;gregate principal amount of at least $500,000 shall be entitled to have interest paid by y/ire transfer to such Owner to the bank account number on file with the Trustee and Paying Agent, upon requesting the same in a writing recdived by the Trustee and Paying Agent at least fifteen (15) days pfior to the relevant Interest Payment Date, which writing shall specify the bank, which shall be a bank. within the continental united States, and bank account number to which interest payments tare to be wired. Any such request for interest payments by w~re transfer shall remain in effeet until rescinded or changed, in a writing delivered by the Owner to the Trustee and Paying Agent, and any such rescission or change of wire transfer instructions must be received by the Trustee and Paying Agent at least fifteen (15) days prior to the relevant Interest Payment Date. t The Series 1996 Bonds will ma ure on 1" subjeet to the right of prior redemption in accordance with their terms and as set forth herein and shall bear interest at the annual rate of . percent (_\'). Interest on the Series 1996 B!ndS wi 11 be computed in all cases on the basis of a 360-day year of twelve 30-day months. Interest on overdue principal and, t the extent lawful, on overdue premium and interest will be paya e at the numerical rate of interest borne by the Series 1996 Bonds on the day before the default occurred. The Trustee is hereby constit ted and appointed as Paying Agent for the Series 1996 Bonds. 1 The foregoing provisions regaring the method and manner of payment of the Series 1996 Bonds shall equally apply to any Series of Refunding Bonds issued under this ~ndenture unless the Certified Resolution of the Issuer authorizing the issuance of such Refunding Bonds expressly provides otherwise. - 17 - GTH\HARP1~\lS784,Ol\11/26/36 ...,..."...............~. _",:",...4.~""",,,^~~1 - - .111--,..,......___ . )I'IIII!I~--..~ ..,., -~ -. ~.~. 1 6G .3 SECTION 2.02. ~.io..n. The Bonds shall be executed by the manual or facsimile signature of thelChairman or Vice Chairman of the Issuer, and the corporate seal, of the Issu-=r shall appear thereon (which may be in facsimile) and shall be attested by the manual. or facsimile signature of its Secret aD' or Assistant Secretary. Bonds executed as above provided may be issued and shall, upon request of the Issuer, bel authenticated by the Trustee, notwithstanding that cne or both of the officers of the Issuer whose signatures appear on such Bones shall have ceased to hold office at the time of issuance or authentication or shall not have held office at the date of the Bondi' SECTION 2.03. buthentication: ~uthenticqtin~~. No Bond shall be valid until the certificate of authentication shall have been duly executed by the Trustee, and such authentication shall be proof that the Bondholder is entitled to the benefit of the trust hereby created. 1 In the case of any Series of Bods for which the Registrar is other than the Trustee for such series of Bonds or the Issuer, the Trustee may appoint the Registrar asian Authenticating Agent, with the power to act on such T~ustee's behalf, and such Authenticating Agent shall be subj ect to the direction of the Trustee in the authentication and delivery of Bond~ in connection with transfers and exehanges hereunder; the authentication and delivery of Bonds by an Authenticating Agent pursuant to this Section shall, for all purposes of the Indenture, be deemed to be authentication and delive:ry "by the Trustee," t The Trustee shall be entitled to be reimbursed for paymen~s made to any Authenticating Agent as reasonable compensation for its services. t Any corporation into which anYi Authenticating Agent may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, consolidation or conversion to which any Authenticating AgenE shall be party, or any corporation suceeeding to the corpbrate trust business of any Authenticating Agent, shall be the sJccessor of the Authenticating Agent hereunder, if such success6r corporation is otherwise eligible under this Section, without f he execution or filing of any further act on the part of the partie hereto or the Authenticating Agent or such successor corporation. p.ny Authenticating Agent may at any time resign by giving written notice of resignation to the Trustee, the Issuer and any Paying Agent. The Trustee may at ani time terminate the agency of any Authenticating Agent by giving wrltten notice of termination '!O such Authenticating Agent, the Issue~ and any Paying Agent. Up~n receivir;g such a notice of resignati~n or upon such a termination, or in case at any time any Authentica:ing Agent shall cease to be GTH\HARRIS\lS784,Ql\11/26/96 - 18 - r-' _____....--- -~.--.------- , . eliglble under this Section, the TJustee shall promptly a~p~~t a3 suceessor Authenticating Agent (which may be itself), shall giveJ written notice of such appointmencl to the Issuer and the Paying Agent, and shall mail a notice of duch appointment to all Holders of Bonds as the names and addresse~ of such Holders appear on the Bond Register. I SECTION 2.04. Registra.t..i.Q.rl and Registrar. The Trustee is hereby constituted and appointed as the Registrar for the Bonds. The Registrar shall act as registrar and transfer agent for the Bonds. The Issuer shall cause to' be kept at an office of the Registrar a register (herein some~~mes referred to as the "Bond Register" or ~Register") in which, (subject to the provisions set forth in Section 2.08 below and such other regulations as the Issuer and Registrar may prescribeJ the Issuer shall provide for the registration of the Bonds and for the registration of transfers and exchanges of such Bonds. If the Registrar is not the same ent i t Y as the Trustee, the Issuer t shall cause the Registrar to designate, by a written notification to the Trustee, a specific office location (which may be changed from time to time, upon similar notification) at which the Bond Register is kept. , The Registrar for a Series of Bonds shall, in any case where it is not also the Trustee, forthwith following each Record Date in respect of such Series and at any other time as reasonably requested by the Trustee for such Series, certify and furnish to such Trustee, and to any Paying Agent for such Series as sueh Trustee shall specify, the names,l addresses, and holdings of Bondholders and any other relevantlinformation reflected in the Bond Regi.ster, and the Trustee and any sueh Paying Agent shall for all purposes be entitled to rely upon the information so furnished to it and shall have no liability or responsibility in connection with the preparation thereof. , SECTION 2.05, Mutil~ted. Destroyed. Lost oI-B~olen~~~. If any Bond shall become mutilated, th~l Issuer shall execute and the Trustee or Authenticating Agent, as the case may be, shall thereupon authenticate and deliver new Bond of like tenor and denoml~ation in exchange and su~stitution for the Bond so mutilated, but only upon surrender td the Trustee or Authenticating Agent, as the case may be, of such mutilated Bond for cancellation, and the Issuer and the Trustee or Aut~enticating Agent, as the case may be, may require reasonable inde i ty there for. I f any Bond shall be reported lost, stolen or estroyed, evidence as to the ownership and the loss, theft or des~ruction thereof shall be sub- mitted to the Issuer and the Truste& or Authenticating Agent, as the case may be; and if such evidencelshall be satisfactory to both and indem.nity satisfactory to both sh~ll be given, the Issuer shall execute, and thereupon the Trustee o~ Authenticating Agent, as the case may be, shall authenticate and deliver a new Bond of like tenor and denomination. The cost of roviding any substitute Bond f:rF~._.,...... ~".....s::'~:E.lI~.__. -~~. ...--~,-....~'-'" ~ --:- .~.......---_..---.,~.. GTH\HARR:S\1S784 01\11/26/96 _;_____11I - 19 - -~--.-.- 1 bG 3 under the provisions of this Section shall be borne by the Bond- holder for whose benefit such substitute Bond is provided. If any such mutilated, lost, stolen or destroyed Bond shall have matured or be about to mature, the Issuer may, with the consent of the Trustee or Authenticating Agent, as' the case may be, pay to the Owner the principal amount of and accrued interest on such Bond upon the maturity thereof and compliance with the aforesaid condi- tions by such Owner, without the iissuance of a substitute BO!1d therefor. , Every substituted Bond issued pursuant to this Section 2.05 shall constitute an additional contractual obligation of the Issuer, whether or not the Bond alleged to have been destroyed, lost or stolen shall be at any tim'e enforceable by anyone, and shall be entitled to all the benefitS of the Indenture e~~ally and proportionately with any and all othe~ Bonds duly issued hereunder. All Bonds shall be held and own~d upon the express condi.tion that the foregoing provisions are e~clusive with respect to the replacement or pa'yment of mutilated, destroyed, lost or stolen Bonds, and shall preclude any and alllother rights or remedies with respect to the replacement or paymertt of negotiable instruments, investments or other securities without their surrender. , SECTION 2.06. Temporary Bonqs. Pending preparation of definitive Bonds, or by agreement with the original purchasers of all Bonds, the Issuer may issue and, upon its request, the Trustee shall authenticate in lieu of definitive Bonds one or more temporary printed or ty~ewritten Bonds of substantially the tenor reci ted above. Upon request of the Issuer, the Trustee shall authenticate definitive Bonds in exch~nge for and upon surrender of an equal principal amount of temporarY Bonds. Until 50 exchanged, temporarf Bonds shall have the same ji9hts, remedieD and security hereunder as definitive Bonds. SSCTION 2.07. Cancellation and Destruction of Sljrrpnder~ Bonds. All Bonds surrendered for p~yment or redemption and all Bonds surrendered for exchange shall,. at the time of such payment, redemption or exchange, be promptly ransferred by the Registrar, Paying Agent or Authenticating Ag nt to, and cancelled and destroyed by, the Trustee. The Truster shall deliver to the Issuer a certificate of destruction in respect of all Bonds destroyed in accordance with this Section. 1 SECTION 2. uB. Reg) stration. Trilll.S.f~r and~. As provided in Section 2.04 hereof, th~ Issuer shall cause a Bond Register in respect of the Bonds td be kept at the designated office of the Registrar. l At the option of the Bondholder Bonds may be exchanged :0~ other Bo~ds c: A~thorlz~: De~c~:na 1on, of a like agg~ega:~ - 20 - GTH\HARRIS\IS!84 01\11/26/96 --.-------.....------...- ",..~~-...~......--~~"'{~~,.... 1 1 1 I 1 6G 71 ./ principal amount and of the same maturity, upon surrender of the Bonds to be exchanged at anyl such office or ageney. Notwi thstanding the foregoing, no Bonds may by transferred to anyone other than an Institutional} Investor as evidenced by a cert i fica te filed by the transferee with the Trustee conf irmii1g that the transferee is an Institutional Investor as defined by this Indenture. Whenever any Bonds are sd surrendered for exchange, the Issuer shall execute and the 'Trustee (or Registrar or Authenticating Agent as described in Section 2.03 hereof) shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. , All Bonds issued upon any transfer or exchange of Donds shall be valid obligations of the Issupr,l evidencing the same debt and entitled to the same benefits under the Indenture as the Bonds surrendered upon such transfer or exchange. ,t Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or accompani~d by a written instrument of t.ransf~r in farm ~:}t'_i!-':f;)ctl:,r'J "J) t'_h4 1'nlC;:I'_~~, P:l'J'l nlJ f\fJQnr. nr .. r,.o Regisr. riJr, duly t;x"!r;ut(!d by th~ tklt1dhl")ld"'r 0r hiq "U.6r-ney dll i '/ authorized in writing. I Transfers and exchanges shall te made without charge to the Bondholder, except. that. the Issueti or the Trustee may recr.lire paymei1t of a sum sufficient to coverlany tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bends. I Neither the Issuer nor the Registrar on behalf of the Issuer shall be required (i) to issue, transfer or exchange any Bond during a period beginning at the opening of business fifteen (15) days before the day of mailing of a notice of redemption of Bonds selected for redemption and ending at the close of business on :he day of sueh mailing, or (ii) to transfer or exchange any Bond so selected for redemption in whole or in part. y SECTION 2.09. ~s Deemea Owners. The Issuer, the Trustee, any Paying Agent, the Registrar, and the Authenticating Agent shall deem and treat the person in whose name any Bond is registered as the absolute Owner theteof (whether or not such Bond shall be overdue and notwithstandin~ any notation of ownership or other writing thereon made by anyone other than the Issuer, the Trustee, any Paying Agent, the Registrar or the Authenticating Agent) for the purpose of receiving p~yment of or on account of the principal or Reuemption Price of and~nterest on such Bond, and for all other purposes, and the Issuer, the Trustee, any Paying Agent, the Registrar and the Authenticating~gent shall not be affected by any notice to the eontrary, All such payments so made to any such O'NTIer, or upon his order, shall be v lid and, to the extent of the :~j-- - 21 - GTHWAAR1S\lS7BA 01\11126/96 ~----- 1 bG '7 , ", f sum or sums so paid, effect '..lal to sati s fy and discharge the liability for moneys payable upon any such Bond. SECTION 2,10. Qualiticatlon for The DepositQ~~m~~' To the extent provided in the Certified Resolution of the Issuer relating to a Series of Bonds, the Trustee shall be authorized to enter into agreements with The Depoaitory Trust Company of New York and other depository trust companies, including, but not limited to, agreements necessary for wire transfers of interest and principal payments with respect to the Series 1996 Bonds or ani Series of Refunding Bonds, utilization of electronic book entry data received from The Depository TrJst Company of New York and other depository trust companies in place of actual delivery of Bonds and provision of notices with ~espect to Bonds registered by , The Depository Trust Company of New York and other depository trust companies (or any of their designees identified to the Trustee) by overnight deliverj, courier service, telegram, telecopy or other similar means of communication. I (END OF ARTICLE 111 t I I t \ I I \ , - 22 - GTH\~R[S\lS784,Ol\11/26/96 ARTICLE :elr \ ISSUE OF BONDS 1 bG ") 0) '" SSCTION 3.01. Issue of Series 1996 Bonds. Subject to the provisions of Section 2.01 hereof, the Issuer may issue the Series 1996 Bonds for the purposes specified in Section 2.01. In any such event the Trustee shall, at the request of the Issuer, authenticate the Series 1996 Bonds and deliver or cause them to be authenticated and delivered, as specified in the request, but only upon receipt of: i (1) a Certified Resolution of establishing the terms of the Series (b) authorizing the execution and delivery Bonds to be issued; the Issuer (a) 1996 Bonds; and of the Series 1996 (2) a written opinion or opinions of Counsel to the Issuer addressed to the Truste~ and to Bond Counsel that (a) the District has been duly created, established and validly exists as a community development district under Chapter 190, Florida Statutes (the IActl); (b) as a community development district, the District has the good, right and lawful authority to, among other things, consttuct, acquire and ma intain infrast ruct ure syustems, fac i 1 it ies and services, such as the proj ect, to assess, levy and collect nor,- ad valorem special assessments, such as the Special Assessments, a~d to issue revenue bonds secured by special assessments, s~eh as the Series 1996 Bonds; (c) the District has authorized the Project and has taken, or arranged to take, all action necessary to proceed with the Project upon closing of the sale of the Series 1996 Bonds and consummation of the transactions contemplated to occur at such closing as specified in the Purchase Contract and the resolution Cl'-lthorizing the issuance and sale of the 1996 Bonds; (d) all proceedings undertaken by the District with respect to Special Assessments have been in accordance with applicable Florida law a~d the Distriet has taken all action necessary to assess and impose the Special Assessme'nts securing the 1996 Bonds, The Special Assessments are legal, valid and binding first liens upon the property against which such assessments are ma':ie untiJ. paid, of the same nature and to the same extent as the lien for general county taxe~ falling due in the same year or years in which such special assessment or installments thereof fall due, superior to t all other liens other than parity liens for state, county, district and municipal taxes; (e) all conditions prescr ibed ,herein as precedent to the issuance of the Series 1996 Bonds have been fulfilled; (f) the Series 1996 Bonds have been validly authorized and executed and when authenticated and delivered pursuant to the request of the Issuer will be valid obligations of the Issuer entitled to the benefit of the trust created hereby; (g) the Indent~l'e has been duly executed and de1rvered and that the Indenture .' 23 - t J GTH\HARR:S\1S784 01\11/26/96 ......,~~~,~4i..,.._"""~fIll'1!IIII~........-r".........r.~JIJIlS'l":"~~"...~~~~~-.;tT'QI'~'I'P:;JliII,....~-.....-:-~......,.~ -;~--"'""- .----. -_._-_..__._.~_._._._...- 1 1 bG 3 and the Series 1996 Bonds; are legal, valid, bindin~ obligations enforceable in accordance with their terms, excepL co the extent enforcement thereof may be impacted by bankruptcy, insolvency, reorg~nization, moratorium or othe~ similar laws affecting creditors' rights and by the exercise of judicial discretion; (h) any consents of any Regulatory Bodies re~lired in connection with the issuance of the Series 1996 Bonds or in connectionl with the accr.1isition of the improvements included in the project have been obtained or c~n be reasonably expected to be obtained; and (i) if the acquisit ion of any real property or inte:rest therein } s included in the purpose of such issue, (i) the Issuer has 0:- can acquire good and marketable title thereto free from al~ liens and encumbrances except such as will not materiall'l interfere with the proposed use thereof or (ii) the Issuer has or can acquire a valid, subsisting and enforceable leasehold, easement, right -of -way or other interest in real property suf f ic ient to effect ua t.e thel purpose of the issue (,....hi d:. opinion may be stated ir. reliance on the opinion of othe:- counsel satisfactory to the signer or on a title insurance policy issued by a reput.able iitle company); (3) a Consul t ing Engineer 's cert i f icate stat ing, 1;', the signer's opinion, that (a) the Project improvements a~e reasonable and pract icable; and (b) (i) the construction it.e\.\s comprising the Project and the Costs thereof are reaso~able, (i i) the acquisition, construction, equ ipping and install atic.; of the improvements lS corisist.ent with the plans and spec i fica t ions for the Proj ect, (i i i) the plans ane: specifications therefor as set forth in the report of the Consulting Engineer relating thereto in connection with the le'vying of Special Assessments have been approved by thr~ signer, (iv) the plans and specifications therefor have been approved by all Regulatory Bodies required to approve theG (specifying such Regulatory Bodies) or such approval CCl:", reasonably be expected to be obtained, and (v) the contracts :n respect thereof entered or to be entered into by the Issuer cover substantially all portions of the construction thereof not being performed by employees of the Issuer; (4) a copy of the executed Acquisition Agreement, together with opinions of counsel to the Issuer and counsel to the Developer as to the legal, valid and binding nature c~ such agr~ement; I (5) the proceeds of tJe sale of the Series 1996 Bonds; (6) one or more CertJfied Resolutions of the Issue~ relating to the levy of Special Assessments in respect of t'r1e Project, and stating that. th~ Issuer has undertaken and, ta the extent then re~uired unde~ a~plicab1e law, comple:ed a:: neces=:ary proeeecings, including, without li;-:-,ita:ic::, t:-:-::: approva 1 of assessment rolls, It he holdi ng of publ ic hearings, the adoption of resolutions I and the establishment of aP - 24t- j GTH\HARR15\1578A,Ol\11/26/96 .1 ~"~IL"'II -~. .llo., " . " . ~, ,.. . .,' 1 bG ::; necessary collection proceduret, in order to levy and collect Speeial Assessments upon the1 District 'Lands in an amOUilc. sufficient to pay the Debt SerVice Requirements on the Seyies 1996 Bonds; (7) a certification from (US Home] that (i) all plans and specifications which comprise the Project are l~ accordance with conditions set! forth in the Option Agreement, (ii) as of the date of the certificate and to the best of the knowledge of us Home after fnspection of the property and consultation with the engiheers for the Project, all construction and improvementsJ completed or commenced on the Heritage Greens property are in accordance with conditions set forth in the Option Agreement, (iii) to the best of the k:-lOwledge of US Home, there are no defaults under the Option A~reement nor a~e any actionsfof th~ Dev~lopcr.in ~ontraven- tlon of the Optlon Agreement, ,and (lV) tne obllgatlons of us Home to purchase the lots in accordance wi th the Option Agreement are legal and biriding on US Home and to the Knowledge of US Home, US Home has no offset or complaint against the Developer; t \ (8) an opinion of Bond Counsel that the interest on the series 1996 Bonds will be excluded from S3ross income :or federal income tax purposes (although sueh interest may be taken into account in determining adjusted current earnings for purposes of computing the ~ alternative minimum tax imposed on corporations); and f such other documents, certifications and opinions required by the Issuer or the Trustee upon advice \ (9 ) as shall be of counsel, SECTION 3.02. lisue of Refunding Bonds.. The Issuer may iss'..:e Refunding Bonds under and secured by the Indenture at any time 0::- times, subject to the conditions i hereinafter provided in this Sect ion I for the purpose of providing funds for (i) refunding, including advanee refunding (so lo*g as the exclusion from gross ineome for federal income tax purpo.es of interest on the Bonds to ~. be refunded is not adversely affected), all or part of the Bonds then Outstanding, ineluding the paY.ment of any redemption premiu~ thereon and interest which will accrue on such Outstanding Bondsito the selected redemption date or sta~ed maturity dates, as the case may be, (ii) a deposit of funds or seeurities, if any, requiredlto be deposited ~o the credit of the Debt Service Reserve Fund upon the issuanee of such Refunding Bond~ and (iii) paying any expenses in connection with su~h refunding, ~ncluding, without limitation. the Costs of issuance of such Refunding Bonds, I The Trustee shall, at tte request of the Issuer, authenticate the Re funding Bonds and provide fpr de livery of such Re fU!1di ng Bonds as speeified in the request, but only upon receipt of: - 2J I (j1H\PJ.P:l:C/,:S7e,A Ol\llJ2~fJ~ I 1 6G 3 I (1) an Officer's Certificate of the Issuer stating (a) the intended use of the proceeds of the issue; (b) any other amounts available for the purpose; (c) that the proceeds of the issue ulus the other amounts, if any, stated to be avail- able for the purpose will be sufficient to refund the Bonds to be refunded in accordance with ~he refunding plan and in com- pliance with Article XIV of this Indenture, including, without limitation, to pay the Costs of issuance of such Refunding Bonds; (dl that notice of redemption I if applicable, of the Bonds to be refunded has been duly given or that provision has been made therefor, as appl icable i and (e) (i) the Debt Service Requirements for the current and each Fiscal Year (A; with respect to all Bonds Outstanding immediately prior to the authentication and delivery oil Refunding Bonds and (B) with respect to all Bonds to be Outstanding immediately thereafter. and (ill that the Debt Service Requirements for each suer. F' i s c a lYe a r i s no g rea t e r in ,( i) (B) t h ani n ( i) (A 1 0 f t h i ~; subsection; and t (2) a written opinion of Bond Counsel to the effect that the issuance of such Refunding Bonds will not adversely affect the exclusion from gross income for federal income tax purposes of interest on any Bonds issued pursuant to the Indenture and that the Bonds ha~e been paid in accordance with Article XIV hereof. t Unless otherwise specifically provided in the Certifiec Resolution of the Issuer authorizing a series of Refunding Bonds, all of the provisions of Article II ~ereof shall apply to Refunding Bonds issued hereunder. " I SECTION 3.03. Dis:position Of' Pr~.d::L~' Upon the issuaDce and delivery of any Series of Bonds issued under Sections 3.01 or 3.02 hereof, the proceeds shall be received by the Trustee in accordance with the terms hereof ~nd of the applicable Certified Resol ut ion. The Trustee shall deposit th~ same in the Construct io;: Fund under Articl~ V hereof (unles~ the purpose is refunding, in which case the proceeds of such Refundin'3 Bonds and any other amounts to be added thereto shall be deposited in a redemption or escro'.... fund especially established for th3.t purpose as more speei~lcally provided in the Certified Resolution of the Issuer authorizing the issuance of sueh Series of Bends), except that any portion representing capitalized int~rest or prepaid reserves shall be deposited in such appropriate iriterest account or accounts or reser;e fund or funds, respectively, as may be established for the Bonds of such Series, all as more specifically provided by written direction to the Trustee by the Iss~er. I SSCTION 3.04 Closing Statement; Pa'ment by Trustee. The Trustee is authorized to pay from the Construction Fund in amounts seo-':' forth in a closing s-cat.e,e:-lt' or yeq'Jisition signed by a Responsible officer of the Issuer, Amounts representing the Costs of issuance of the Bonds and amounts,' if an)', to be reimbUI'sed'to t he I ssuer for advances on account of Cos t s of the proj ect or - 26 i , GTH\~APR!S\1S78A 01\11/25/96 _ ____.."'~""'""-""--"""'.~---''''-j><''''',,..~. 1 1 1 6G ;; h~~~~,~n thereof, all as more speCiffcallY provided in Section 5.02 (END OF ART~CLE 1111 I , l 1 I ~ , I I \ . - 27 - GTH\~A?R!S\15784,Ol\11/26/96 _._..------_.-.-..-..~..~~~--- , .,.--,..,........"...."""""""'_~lft\lUo_,..WlI ....",. - - -----....-.._--~ i ARTICLELv 1 6G 3 1; ACQUISITION OF PROJECT SECTION 4.01. p~ject tQ confJrm tp plans ~ecificat~ons; ~g..as.. The Issuer will proceed to complete the Project in accordance with the plans and specifications therefor; provided, however, that prior to any material change in the original plans and specifications for the Project as approved by the Issuer, the Consulting Engineer shall deliver to the Trustee a certificate specifying the nature of the change and the reason for the change, and such certificate shall further contain the signature of a Responsible Officer of the Issuer indicating the Issuer's approval of s'J.ch change; provided further, that the Trustee shall have no responsibility to review such changes and shall not be held liable should any such change prove to be inappyopriate. SECTION 4,02. compliance RequiremeA:"i:>...s.. The Issuer will comply with all, present and futurellaws, aces, rules, regulations, orders and re~lirements lawfull~ made and applicable to any aequisition or construction hereby undertaken and shall obtain all necessary approvals under federal, state and local laws, acts, rules and regulations necessary for the completion, operation and maintenance of the Project. G1H'.AA~R]S\lS7B-l 01\11/26/95 , [END OF A..,.'Q.TICLE IV] 1 t i i t I - 2 Bi - 1 6G ~ 3; ARTICLE V CONSTRUCTION FUND SECTION 5.01 Est,pblishment of ,. and Pa~ents from Construction Lund, The Trustee shall establish a Construction Fund into which shall be deposited all or a portion of the proceeds from the Series 1996 Bonds in accordance with instructions from the Issuer and from which Costs may be paid as set forth herein. The amounts in the Construction Fund, until applied as hereinafter provided, shall be held for the security of the Bonds Outstanding hereunder. Payments shall be made from the Construction Fund to pay any unpaid Costs of issuance of the Series 1996 Bonds, including without limitation, legal, engineering, and consultants~ fees and to pay amounts to be rei~~ursed to the Issuer for Costs advanced, and thereafter to pay Costs of planning, financing, acquisition, construction, equipping and installation of the Project. t For the purposes of this Section 5.01, Costs of the Project shall embrace the Cost of pI anning, acqui si t ion, construct icn, reconstruction, e~~ipping or installing and all other items of Cost incident to such planning, acquisition, construction, reconstruc- tion, equipping or installing and the financing thereof, and shall include, without intending thereby to limit or restrict any proper definition of such Cost (as defined in this Indenture) under the provisions of the Act or the Indenture; the following: (a) obligations incurred for labor and materials and to contractors, builders and materialmen in connection with such construction, for machinery and equipment, and for the restoration or relocation of property damaged or destroy~d in connection with such construction; (b) the Cost of acquiring by purchase, if such purchase shall be deemed expedient, and the amount of any award or final judgment in or any settlement or compromise of any proceeding to aC~lireby condemnation, such property, lands, rights, rights of way, franchises, easements and other interests in land constituting a part of, or as m~y be deemed necessary or convenient for the acquisition or construction of, the Project, options and partial payments thereon, the Cost of filling, drajning or improving any lands so aCq'Jired, and the amo\.:nt of any damages inci.dent to or conseq\.lent upon the acquisi t ion, construct ion, reconstruction, installi!1g or equipping of the Project; , (c) the fees and expenses of the Trustee, the Registrar, any Paying Agent under the Indenture, including fees for services in connection with the acceptance of the t,rusts hereb:,' created, legal expenses and fees (including appellate fees), fees and expenses of consultants, fina~cing charges, Cos:s of prepari~~ and issuing Bonds, taxes cr ether ~unicipal or governmental charges lawfully levied or assessed upo~ the Project during construction, or any property acquired therefor, and premiums on insurance (if - 29 - GTH\HARR]S\lS7~ 01\]1/26/96 t t ~~"'i~~""'--"~~"~---.....w......---~..,~----..--- '" 1 6G -, ) any) on Bonds iss~ed in connection with the Project during constr~ction; (d) fees and expenses of engineers for making studies, surveys and estimates of Costs and of revenues and for preparing plans and supervising construction, as well as for the performa~ce of all other duties of engineers set forth herein in relation to the construction of the Project or the issuance of Bonds therefor; (e) expenses of administration properly chargeable to the Project and all other items of expense not elsewhere in this Section specified, incident to the acquisition, construction, reconstruction, equipping and installation of the Project and the placing of the same in operation and to the acql1isition of real estate, franchises and rights of way therefor, including abstracts of tit].e and title insurance. , SECTION 5.02. CQnstru~tion Fupd Disb~~~ement~. The Trustee shall make payments from the Construction Fund (and any accounts and subaccounts therein) only upon receipt of,the fully executed Form of Requisition as described in Exhibit D nereof. In the event that any requisition for the acquisition price of a specific component of the Project is in payment for any real property or interest therein, the Trustee shall not make such payme~t from the Construction Fund unless the Responsible Officer's cert i f i ea te has attached thereto evidence tha t the I ssuer has received a title insurance policy approved by counsel covering such property or written opinion of counselor any attorney designated for such purpose by counsel, to the effect that the Issuer shall have ~pon such pay-ment marketable title in fee simple to such property, subject to no lien, charge or encumbrance thereon affec:ing the title thereto except liens, charges, encumbrances or other defects of title which do not have d materially adverse effec~ upon the right of the Issuer to use such property for the purposes intended or which have been adequately guarded against by a bo~d or other form of indemnity or, if such pa;~nent be payment for an option to purchase or for a quit-claim deed or a lease or a release or on a contract to purchase or is otherwise for the acquisition of a right or interest in property less than a fee simple or perpetual easement, or if such pap,ent be a part payment for any such purpose, the written approval of the acquisition of such lesser right or interest signed by such attorney. Notwithstanding the foregoing requisition procedure, costs of issuance of any Series of Bonds and amounts to be reimbursed by the Issuer to any other Person for moneys advanced to or on behalf of the Issuer for payment of Costs of the Project (other than for real property) shall be paid by the Trustee from the Construction Fund upon delivery to the Trustee, on the date of issuance and delivery of sueh Series of Bonds, of a closing statement signed by a Respon- sible Officer of the Iss~er, specifying the Person to whom paymen: is to be ~ade, the sbli;;. .'..on en a::count 0: \,':-,:..cr. the payme:-.:' is to be IT,ace and t;,e amount j:ayable '....,ith respec;:. t.here:o. Costs of - 30 - GTH\KA.RR I S\ 15784,01 \ 11126/96 , 1 6G 3 issuanee of any Series of Bonds and amounts to be reimbursed by the Issuer to third parties for moneys advanced to the Issuer fo~ payment of Costs of the proj ect, presented to the Trustee for payment subsequent to the date of issuance and delivery of such Series of Bonds, shall be paid by the Trustee from the Construction Fund in aceordance with the requisition procedures set forth in this Seetion. SECTION 5.03. ~ord.s and Report..5-~ng Con~tru~tion PeriQd. All requisitions and certi f ica,tes received by the Trustee, ~as requi:::-ed by tnl.S Article V as conditions of payment from the construction Fund, shall be retained in the possession of the Trustee, subject at all times to the inspection of the Issuer and the Consulting Engineer, for a period ending no earlier than three (3) years from the date of completion of the Project. SSCTION 5.04. ~letion of Constn,tc.t.i.Qli. The date of completion of the Project (the ~Completion Date") shall be evidenced to the Trustee by a certificate signed by the Cons~lting Enginp.er and the District Manager stating that, except for amounts retai~ed by the Trustee for Costs of the Project, not then d~e and payable: ~i~ (a) The Project has been completed in accordance with the specifications therefor and all labor, services, materials and suppl i es used in the proj ect have been paid for and aeknO\>Jledgments of such payments have been obtained from all contractors and suppliers; (b) All other facilities neeessary in connection with the proj ect have been const ructed, acqui :::-ed and installed 1.n aecorda!1ce wi th the spec i fica tions therefor, and all Costs and expenses incurred in connection therewith have been paid; and (c) All requirements of the Construction ar.d t1aintenance Agreement between the Issuer, the Developer and the Board of County Commissioners of Collier County have been satisfied, Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parti~s which exist at the date of such certifjcate or which may subse(~ently come into being. Within ten (10) days following the Comple:::ion Date of the Project I the Trustee shall transfer any balance in the Construction Fund pertaining to the Series 1996 Bonds and shall deposit the same in the Debt Service Resel~e Fund, but c~ly to the extent that a deficieney then exists in the Debt Service Rese~/e Fund. ~~y remaining balance from the funds in the Construction Fund (except moneys retained for expenses not yet due and payable) pertaining to the Series 1996 Bonds which are not required to be transferred to the Debt Serviee Reserve Fund shall. - 31 - GTH\HARRiS\lSJ84,Ol\11/26/96 v -, __"'.,....___"'" 1 6G 3 be transferred to the Bond Redemption Fund for application as set forth in Section 8.03 of this Indenture. Upon receipt of a certificate from the consulting Engineer and the District Manager evidencing the Completion Date of the Project, as described above, the Board of supervisors of the Issuer at its next regularly scheduled meeting shall adopt a resolution accepting the completed Proj ect for purposes of Section 170.09, Florida Statutes, as amended. (END OF ARTICLE v1 - 32 - GTH\'riARRIS\15784 ,01\11/26/96 ____--- _.,_-,~T..~ ;~. 1 bG 3 ARTICLE VI NJH-AD VALORE..'l: SPECIAL ASSESSMENTS i APPLICATION THEREOF TO FUNDS lU1D ACCOUNTS SECTION 6.01. Non-lI.d Valorem ..special Assessments: Li en of llli.knture on Pledgcl-Eevenues. The Issuer hereby covenants that it shall levy Special Assessments, and evidence and certify the same to the Tax Collector or shall take all necessary action legally av~ilable to eertify the non-ad valorem Special Assessments roll to the Tax Collector for collection by the Tax Collector and enforeement by the Tax Collector or, if authorized by Section 9.04 hereof, the Issuer may utilize alternative methods of collection and enforcement by the Issuer, p~rsuant to the Act, Chapter 17C o~ Chapter 197, Florida Statutes, or any suceessor stat.utes, a.s applicable, to the extent and in the amount at least necessary to pay the Debt Service Requirements on the Bonds i.ssued and Outstanding hereunder. The Issuer shall pay to the Trustee for deposit in the Reven~e Fund established under Section 6.03 hereof all Special Assessments received by the Issuer from the levy thereof on the District Lands subject to assessments for the payment of Bonds; provided, however, that amounts reeeived as prepayments of Special Assessments shall be deposited directly into the Prepayment Account in the Bor.d Redemption Fund established hereunder. The Issuer shall at the time of each depos i t not i fy the Trustee cf the amount of SUC:-l prepayment to be deposi ted into the Prepayment Account. The P1edsed Revenues are hereby pledged for the payment of the p:cincipal or Redemption Price of and interest on all the Bonds issued and Outstanding under the Indenture, The pledge to the Trustee of the Pledged Revenues as security for the payment of the principal or Rederr,ption Price of, and inte~est on, the Bonds issued and Outstandlng under the Indenture and t:'1e performance of any other obligation of the Issuer hereu:.der ~ith respect to the District Bonds, shall be valid and binding f=c~ the date hereof, and the covenants and agreements set forth hereln to be rerformed by or on behalf of the Issuer shall be, except as otherwise expressly provided or permitted herein, for the equal and ra tab 1 e benef it, protect ion and securi ty of the Owners of the Bonds, regardless of their times of issue and maturity, and shall be o~ equal rank, without preference, priority, or distinction of anyone Bond over any other Bond. The Pledged Revenues shall immediately be subject to the lien and pledge of the Indenture wit hc,'..j t any phys ical de 1 i very hereof or further act; prov ideo, however, that the lien and pledge of the Indenture shall not apply to any moneys transferred by the Trustee to the Rebate Fund. I - 33 - GTH\IW,RIS\ ]S78~ Ci\lli26/96 .....,..-""~". "", T -....... .....~~,...,-- .A1...n - -' "1 ---,~,__~ ,_,_,,-,-,---.~""'_-'~M , 1 6G 3 SECTION 6.02. Funds and ~Q~nts R~latina to ~he Bond~. The Funds and Accounts specified in this Article VI shall be established under the Indenture for the benefit of all of the Bonds issued under the Indenture. All moneys on deposit to the credit of the Funds and Accounts established hereunder (except for moneys transferred to the Rebate Fund) shall be pledged to the payment of the principal, redemption or purchase price of (as the case may be) and interest on the Bonds issued hereunder. SECTION 6.03. Revenue Fund. The Trustee is hereby authorized and directed to establish a Revenue Fund into which the Trustee shall deposit (i) Bond proceeds as directed by the Issuer, (ii) any and all Special Assessments received frorr. the levy thereof on the District Lands for the payment of Bonds and (iii) other payments reqJired hereunder, provided, however, that amounts received as prepayment of Special Assessments shall be deposited into the Prepayrnent Account of the Bond Redemption Fund. Absent such a r;otice from the Issuer, the Trustee can assume that there are no such prepayments. The Revenue Fund shall be held by the Trus~ee separate and apart from all other Funds and Accounts held u~der the Indent ure and from all other moneys of the Trustee. On the Business Day immediately prior to each l'<1ay 1 (\>/ith the except.ion of whe!1 the first Interest Payment Date is on November 1 and, in that case, the Trustee shall transfer sufficient funds to the Interest Account of the Debt Sel~ice Fund to pay the interest on all Bonds then Outstanding on such November 1), the Trustee shall transfer from amounts on deposit in the Revenue Fund to the Funds and Accounts designated below, the following amounts in the following order of priority: FIRST, to the Interest Account of thE:: Debt Service Fund, an amount equal to the amount of interest payable on all Bonds then Outstanding on such May 1 and the next succeeding ~;ovember 1 less any amounts already cr. deposlt in the Interest Account not previously credited; SECOND, to the Principal Accour.t of the Debt Service Fund, an amount equal to the principal amount of Eonds maturing on the next succeeding May 1, less any amount already on deposit in the Principal Account not previously creditec; THIRD, beginning on 1, 199 and on eaeh Interest Payment Date t:hereafter, to the Sinkrng Fund AccoU:1t of the Debt Service Fund, an amount equal to the principal amount of Bonds subject to mandatory sinking fu.nd redenptio:1 on the next succeeding l"lay 1, less any amount already 0:1 deposit in the Sinking Fund Account not previously credited; FOURTH, equal to the to the Debt Service Reserve Fund, an amount amount, if any, which is necessary to make the - 34 - GiH\HARR!S\lS78d 0:\11/26/96 . 1 6G 3 amount on deposit therein equal to the Debt Service Reserve Requirement with respect to the Bonds; and FIFTH, to the Bond Redemption Fund. Notwithstanding the foregoing provisions, if the period between Interest Payment Dates is other than six (6) months with respect to any Series of Bonds, then such transfers shall be adjusted accordingly so that sufficient moneys will be on deposit in the Funds and Accounts to provide for the timely payment of such Bonds, SECTION 6.04. Debt Service Fund. The Trustee is hereby authorized and directed to E'stablish a Debt Service Fund which shall consist of amounts deposited therein by the Trustee and any ~ther ~mounts the Issuer may pay to the Trustee for deposit therein with respect to the Bonds. The Debt Service Fund shall be held by the Trustee separate and apart from all other Funds and Accounts held under the Indenture and frcm all other moneys of the Trustee. The Trustee shall establish within the Debt Service Fund an Interest Account, a Principal Account and a Sinking Fund Account, which accounts shall be separate ,-;nd apart from all other Funds and Accounts established under the Indenture and from all other moneys of the Trustee. f The Trustee at all times shall make available to any Paying Agent the funds in the Principal Account and the Interest Account of the Debt Serviee Fund to pay the principal of the Bonds as they mature upon surrender thereof and the interest on the Bonds as it beeonles payable, respectively. When Bonds are redeemed, the amount, if any, in the Debt Service Fund representing interest thereon shall be applied to the payment of accrued interest in eonnection with such redemption. The Trustee shall apply moneys 1n the Sinking F~nd Account in the Debt Service Fund for purchase or redemption of the Bonds in amounts and maturities set forth 1n Section B.Ol(c) hereof. Whenever Bonds are to be purchased out of such Sinking Fund Account, if the Issuer shall notify the Trustee that the Is~;uer 'yishes to arrange for such purchase, the Trustee shall comply ",ith the Issuer's arrangements provided they conform to the Indenture. Purchases and redemptions out of the Sinking Fund AccouJt shall be made as follows: (a) The Trustee shall apply the amounts required to be transferred to the Sinking Fund Account (less any moneys applied to the p~rchase of Bonds pursuant to the next sentence hereof) on the principal payment date in each of the years set forth in Section 8,Ol(c) hereof to the redemption of Bonds in the amounts, manner and maturities and on the dates set forth in said Section 8.Cl(c) - 35 - GTH\HAP,RIS\lS784 01\11/26/96 -"'I'lIlftlI'" ___..._____ *A'ilI u --- -, --- -.......r - - -w- - ___...........- --- ......r------ ."~i' .-...... ,.~--- ,...~ 1 6G 3 hereof, at a Redemption Price of 100\ of the principal a:noun:: thereof. At the written direction of the Issuer, the Trustee shall apply moneys from time to time available in the Sinking Fund Account to the purchase of Bonds which mature in the aforesaid years, at priees not higher than the principal a~ount thereof. in lieu of redemption as aforesaid, provided that firm purchase commit.ments can be made before the notice of redemption would otherwise be required to be given. In the event of purchases at less than the principal amount thereof, the difference between the amount in the Sink~ng Fund Account representing the princi~"l amount of the Bonds so purchased and the purchase price theref (exclusive of accrued interest) shall be transferred to t e Interest Account of the Debt Service Fund. . , (b) Accrued interest on purchased Bonds shall be paid from the Interest Account of the Debt Service Fund. (c) In lieu of paying the Debt Service Requireme~~s necessary to allow any mandatory redemption of Bonds from the Sinking Fund Account, the Issuer may present to the Trustee, a: least 60 days before the next Interest Payment Date, Bonds purchased by the Issuer pursuant to subparagraph (a) above an:::' furnished for such purposes; provided, however, that no Bonds so purchased shall be credited towards the Debt Service Requirements in respect of the mandatory redemption of Bonds for which notice c: rederr,ption has bee;] given pursuant to Section 8.02 of this lnde~ture. Any Bond so purchased shall be presented to the Trustee for ca:1cellation, In such event. the Debt Service Requirements with respect to the Bonds for the period in which the purchased Bonds are presented to the Trustee shall, for all purposes hereunder I be reduced by an amount allocable to the aggregate principal amount of any such Bonds so presented. SECTION 6.05. Debt Service Rese~.J.Ul.d. The Trustee 1S hereby authorized and directed to establish a Debt Service Reserve Fund \-Ji th respect to the Bonds. The Debt Service Reserve Fund shall be held by the Trustee for the benefit of the Bonds. The Debt Service Reserve Fund shall constitute an irrevocable trus: fund to be applied solely as set forth herein and shall be held by the Trustee separate and apart from all o~her Funds and Accounts held under the Indenture and from all other mO:1eys of the Trustee, On the date of issuance and delivery of a Series of Bonds an amount 0: Bond proceeds equa1 to the increase, if any, in the Debt Service Reser~e Requirement in respect of such Series of Bonds, calculated as of the date of issuance and delivery of such Series of Bonds, shall be deposited in the Debt Service Reserve Fund. As long as there exists no default under the Indenture and the amount in the Debt Service Reserve Fund is not reduced be 1 0\0.' the then applicable Debt Service Reserve Requirement with respect to the Bonds, earnings on investments in the Debt ServiCE: Reserve Fund shall be tr-ar:.s:e::-r-ed to the Fe'Jenue tur-.d. Otherwise I earnings 0:-. in-"es:- - 35 - Gi~\~":)\157~ 0]\11/26/9S '1 6G 3 ments in the Debt Service Reserve Fund shall be retained in the Debt Service Reserve Fund until applied as set forth herein. I~ tne event that the amount in the Debt Service Reserve Fund exceeds the Debt Service Reserve Requirement with respect to the Bonds due to a decrease in the then applicable Debt Service Reserve Require- ment or any other reason, the excess amount shall be transferred from the Debt Service Reserve Fund to the Revenue Fund. Whenever for any reason on an interest or principal payment date or mandatory redemption date, the amount in the Interest Account, the Principal Account or the Sinking Fund Account, as the case may be, is insufficj,ent to pay all amounts payable on such Bonds therefrom on such payment dates after taking into account funds available for such purpose in the Bond Redemption Fund, the Trustee shall, without further instructions, transfer the amount of any such deficiency from the Debt Service Reserve Fund into the Interest Account, the Principal Account and the Sinking Fund Account, as the case may be, with priority to the Interest Account and then, proportionately according to the respeetive deficiencies therein, to the Principal Account and the Sinking Fund Account, to be applied to pay the Bonds and the interest thereon. SECTION 6.06. Procpdure When Funds Are Suffici~nt to Pay All Bonds, If at any time the moneys held by the Trustee in the Funds and Accounts hereunder and available therefor are sufficient to pay the principal or Redemption Price of, as the case may be, and interest on all Bonds then Outstanding hereunder to maturity or prior redemption, together with any amounts due the Issuer and the Trustee, Paying Agent and Registrar, the Trustee, at the direction of the Issuer, shall apply the amounts in the Funds and Accounts to the payment of the aforesaid obligations and the Issuer shall not be required to pay over any further Pledged Revenues unless and until it shall appear that there is a deficiency in the Funds and Aeeounts held by the Trustee. SECTION 6.07. Rebate Fund. On the date required by the arbitrage rebate agreement or by the Code, the Issuer shall give the Trustee written direction and the Trustee snall transfer over from the Revenue Fund to the Rebate Fund the amount due and owing to the United States, which amount shall be paid to the United States when due. Amounts on deposit in the Rebate Fund shall be held in trust by the Trustee and used solely to make required rebates to the United States (except to the extent the same may be transferred to the Revenue Fund) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. The Issuer agrees to undertake all actions required of it in its arbitrage rebate agreement dated the date of issuance of the Bonds, relating to such Bonds, as well as any successdr arbitrage rebate agreement relating to other Series of Bonds, including, but not limi.ted to: - 37 - GTH\HARRIS\j~784 Ol\jj/26f96 .1\11 "'___....:..~'iI - 1 6G 3 (A) making a determination in accordance with the Code of the amount required to be deposited in the Rebate Fund; (3) depositing the amount determined in clause (A) above into the Rebate Fund; (C) paying on the dates and in the manner required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasury; and (D) keeping such records of the determinations made pursuant to this Section 6.07 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds. The provisions of the above-described arbitrage rebat~ agreement may be amended from time to time as shall be necessary, in the opinion of Bond Counsel, to comply with the provisions of the Code. [END OF ARTICLE VI) - 38 - GTH\HARP.IS\IS7BJ 01\11/26/96 ~ /~~~.~. \0' ~. . 1 6G 3 ,.f"' ARTICLE VII ~', I ~ . ,j". SECURITY FOR AND INVESTMENT OR DEPOSIT OF FUNDS ...'. ,;" 'i'_ SECTION 7.01. r2..eDosits and Secur:ity Therefor. All moneys received by the Trustee for deposit in any Fund or Account established under the Indenture shall be considered trust funds, shall not be subject to lien or attachment, except for the lien created by the Indenture, and shall be deposited in the corporate trust department of the Trustee, until or unless invested or deposited as provided in Section 7.02 hereof. All deposits of moneys received by the Trustee under the Indenture in the corporate trust department of the Trustee (whether original deposits under this Section 7.01 or deposits or redeposits in time accounts under Section 7.02) shall, to the extent not insured, and to the extent permi t ted by law I be fully secured as to both principal and :i.nte:cest earned, by Inves;:ment .securities of the types set forth in subpari:lgraphs (a), (b), (c) or (d) of the definition of Investment Securities and the provisions thereof. If at any time the commercial department of the bank acting as Trustee is unwilling to aceept such deposits or unable to secure them as provided above, the Trustee may deposi t such moneys with any other depositary whicr. is authorized to receive them and the deposits of which are insured by the Federal Deposit Ins~rance Corporation (including the FDIC'S Sav inss Assoc iation Insurance Fund). All depos its in any o:.he:c depositary in excess of the amount covered by insurance (whether ~nder this Seetion 7,01 or ~ection 7.02 as aforesaid) shall, to the extent permitted by law, be fully secured as to both principal and :nterest earned, in the same manner as re~Jired herein for deposits with the Trustee. Such security shall be deposited with a Federal Reserve Bank, with the trust department of the Trustee as authorized by law with respect to trust funds in the State, or with a banK or trust company having a combined net capital and surplus of not less than $50,000,000, . '.. ;' '~'. . -: ;~ ;~:-:.. I '~.., .~~ . ,; I ~, :\1":Y ",! ~.~. ~ ,f: ._:J ~.. .~ ~ ,,,' '" "',' ;,.\ . ;..- .'f ....- :) .~: .... . '.~ , .,t.,. : ~ ,~: . ,,'j..''';' :: 'I, '. ..-~.:'.: ~:~~':l: ;~tr{} ~:;~:,;:~ . :::,...~:-. r~~..f. ~" \.,,;,:~~;~ ~ ~ . j '.~ ,~. \-~;: ,':~~ ~~.: :,~.:; ~~ ( ;.~:':~, ,~. ~ ..~..: ,I .i',~. :,' :'1.: ~~\ .: i' .~.~ .':,::\,';;r~ ,~, :,';i '" "I _":": ~>' >~~~,:"t, , " ";~'.:'.'i ....l SECTION 7,02. Investment or Deposit of Funds. The Trustee shall, as directed by the Issuer in writing, inVeSt moneys held i~ the Funds and Accounts only in Investment Securities. All deposits in time accounts shall be subject to withdrawal without penalty and all investments shall mature or be subject to redemption by the holder without penalty, not later than the date when the amounts wi 11 f oreseeab1 y be needed for purposes set forth herein. All securlties securing investments under this Section shall ~e deposited with a Federal Reserve Bank, with the trust department of the Trustee, as authorized by law with respec~ to trust funds in the State, or with a bank or trust company having a combined net capital and su~lus of not less than $50,000,000. The interest and income received upon such investments and any interest paid by the Trustee or any other depositary of any Fund or Account and a:;''/ profit or loss resulting from the sale of sec~rities shall be adjej ... " '0,1 . " , ~ : .: < '):;;1';: ~;:; ~~ / .:~<.t' - 39 - GTH\HARR;S\;578A 01\11/26/96 ',. " ,_1' '. "'. .', , ,!, .~;~fl,~g!~,~,tfVli~i~;;}~1~;~~!;,;"\~i~\;'Fj;::;;:N;:i;~;,.,~,,'~;;:~t;;. \l}'~~;' ::t;:~Jt,. . ,::,I:r.:~r""rj;:\,;:~i!:;;'t~~~~ ... 1 6G " ) or charged to the Fund or Account for which such investments are made; provided, however, that if the amount in any Fund or Account (other than the Bond Redemption Fund and the Prepayment Account) equals or exceeds the amount required to be on deposit therein, any interest and other income so received shall be deposited in the in the Construction FU":-1 until the Completion Date of the Project and thereafter into th' ~evenue Fund. Upon request of the Issuer, or on its own initiative whenever payment is to be made ,out of any Fund or Account, the Trustee shall sell such securities as may be requested to make the payment and restore the proceeds to the Fund or Account in which the securities were h21d. The Trustee shall not be accountable for any depreciation in the value of any such security or for any loss resulting from the sale thereof, except as provided hereinafter. If net proceeds from the sale of securities held in any Fund or Account shall be less than the amount invested and, as a ~esult, the amount on deposit in such Fund or Account is less than the amount required to be on deposit in such Fund or Account, the amount of such deficit shall be transferred to such Fund or Account from the Revenue Fund in the order and at the times specified in Seetion 6,03. Absent specific instructions as aforesaid, all moneys in the Funds and Accounts established under the Indenture shall be invested in Investment Securities as provided in a standing written instruction or speci_fic instruction of the Issuer or, if none, ther. held uninvested. The Trustee shall not be liable or responsible fo~ any loss or entitled to any gain resulting from any investment or sale upon the investment instructions of the Issuer or otherwise, SECTION 7.03. The Trustee shall value the assets in each of the Funds and Accounts established hereunder as of September 30 of each Fiscal Year (except that the Debc Service Reserve Fund shall be valued on each Interest Paymerlt Date), and as soon as practicable after eact such valuation date (but no later than ten (10) days after eacll such valuation date) shall provide the Issuer a report of the status of each Fund and Accou~t as of the valuation date. In computing the assets of any Fund or Account, investments and accrued interest thereon shall be deemed a part thereof, subj ect to Sect ion 7.02' pereof. For the purpose of determining the amount on deposit to 'the credit of any Fund or Account established hereunder, with the exception of the Debt ::;ervice Reserve Fund, obligations in which money in such Fund or Account shall have been invested shall be valued at the market value or the amortized cost thereof, whichever is lower, or at the redemption price thereof, to the extent that any ~~ch obligation is then redeemable at the option of the holder. Fqr the purpose of determining the amount on deposit to the credit of the Debt Service Reserve Fund, obligations in which money in such Fund shall have been invested shall be valued at par, if purchased at par, or at amortized cost, if purchased at other than par, plus, in each case, accr~~d interest. Amortizec cost, when used with ~espect tc an - 40 - GTH\HA!\f<!S\lS7B4 Ol\11i26/96 R~l,~L&I!IIIII-.....~~",,~~""""""""""''''''~~<..~--'-'-- 1 bb ) obligation purchased at a premium above or a discount below par, means the value as of any given time obtained by dividing the total premium or discount at which such obligation was purchased by the nurr~er of days remaining to maturity on such obligation at the date of such purchase and by multiplying the amount thus calculated by the number of days having passed since such purchase; and (1) in the case of an obligation purchased at a premium by deducting the product thus obtained from the purchase price, and (2) in the case of an obligation purchased at a discount by adding the product thus obtained to the purchase price. [END OF ARTICLE VII) - 41 - , GTH\HAF:RIS\15784 ,01\11/26/96 .1....;:,:!.,"'~40I_..1/J!~ .~.h ~,'. ~,:~~t:""". .,;..;.f:;. .~~;........:...:.. ~(t.;,..:-"...:'i~ ..~I ~ l\W'......~.-,.....JJ.~.... -- ~....._-,._-~........"'------ 1 6G 3 ARTICLE VIII REDEMPTION AND PURCHASE OF BONDS SECTION 8.01. ~IDPtion Dates aDd Prjces. The Bonds shall be s~bject to redemption at the times and in the manner provided herein and, as to any Series of Refunding Bonds, as further pro- vided in the Certified Resolution of the Issuer authorizing such Series of Refunding Bonds. All payments of the Redemption Price of the Series 1996 Bonds shall be made on the dates hereinafter :.required. If less than all the Bonds are to be redeemed, the Trustee shall select the Bonds or portions of the Bonds to be redeemed by lot. Partial redemption of Bonds shall be made in such a manner that the remaining Bonds held by each Bondholder shall be in Authorized Denominations, , (a) Optional Redem~tion. Except as otherwise provided in Section 8.01(b) and (c) hereof, the Series 1996 Bonds are not sub- ject to redemption prior to 1, ____ The Series 1996 Bonds shall be subject to redemption at the option of the Issuer, in whole at any time on or after 1" or in part on any Interest Payment Date on or after - ----1, , at the Redemption Prices (expressed as percentages of the principal amount to be redeemed) set forth below plus accrued interest to the redemption date, upon receipt by the Trustee not less than forty- five (45) or more than sixty (60) days prior to such redemption date of a written direction from the Issuer stating that it intends to effect redemption of such Bonds: Redemption Period jBoth Dates Inclusive) Eedem~tion Price __1, 1, 1, through 31, through 31, and thereafter ~ " (b) Extraordillilry Mandatory Redem~tion iaj~rhole or in Pan, The Series 1996 Bonds are subject to extraordinary mandatory redemption prior to maturity by the Issuer in whole, on any date. or in part, on any Interest Payment Date, at an extraordinary mandatory redemption price equal to 100\ of the principal amount of the Series 1996 Bonds to be redeemed, plus interest accrued to the redemption dare, (i) from moneys deposited into the Prepayment Account in the Bond Redemption Fund following the payment in full of Special Assessments on any portion of the District Lands within thirty (30) days after the completion of the Project and acceptance thereof by the Issuer in accordance with the provisions of Section 9.08 (a) hereof; (ii) from moneys deposited into the Prepayment Account in the Bond Redemption Fund following the payment in full o~ in part of Special Assessme!1ts on any portion of the ~istri=: - 42 - GiH\KARR\S\IS78~ 01\1106/96 1 6G 3 Lands as a result of any prepayment of Special Assessments at a~j time subsequent to thirty (30) days after the completion of tho Proj~ct in accordance with Section 9.06(b) here0f, or as the reau:' af .,ny fon:'c10~'\\:r(' sC\1~ of Ul::S: certific,'}te or ether r~'f.~.ji.'t: ~~~:.--:--\ for n0~\~~\.:\:"":'":"{,":~: C'f S~ci3.l __~~es~~:-~:5; \:..:.:.; ~D:'1()~i:")9 ~'~:, demnation or the sale of any portion of the Dist: ict Lands to ,1 governmental entity under threat of condemnation by such govern- mental entity and the payment of moneys by such governmental entity to the Trustee for deposit into the Prepa~nent Account in the Bond Redemption Fund pursuant to Section 9.14 (c) hereof in order to effectuate such red~mption; (iv) from excess moneys in the Con- struction Fund transferred to the Bond Redemption Fund pursuant to Section 5.04 of this Indenture after completion of the Project, as evidenced by the certificate of the Consulting Engineer and the District Manager required by Section 5.04 of this Indenture; or (v) from moneys, if any, on deposit in the Prepayment Account in the Bond Redemption Fund pursuant to Section 9.14(c) hereof following the damage or destruction of all or substantially all of the Project to such extent that, in the reasonable opinion of the Issuer, the repair a~d restoration thereof would not be economical or would be impracticable; provided, however, that at least forty- five (45) days prior to such extraordinary mandatory redemption described in Section 8.01 (b) (v), the Issuer shall cause to be delivered to the Trustee (x) notice setting forth the redemption date and (y) a certificate of the Consulting Engineer confirming that the repair and restoration of the Project would not be economical or would be impracticable. Notwithstanding anything to the contrary contained in Article V hereof, upon the receipt by the Trustee of the certificate described in this Section a.01(b) (v) or the occurrence of an event described in Section 8.01 (b) (iii) , r.\oneys in the Construction Fund (except fer moneys retained for expenses incurred b~t not yet due and payable) shall be transferred to the Prepa)~ent Account in the Bond Redemption Fund for application as set forth in this Section 8,Ol(b). On each March 15 and September 15 (or if such date is not a Business Day, on the Busiress Day next preceding such day), the Trustee shall determine the amount on deposit in the Prepayment Account of the Bond Redemption Fund, and, if the balance therein is greater than zero, shall transfer from the Revenue Fund for deposit into such Prepayment Account an amount sufficient to increase the amount on deposit therein to an integral multiple of $5,000 and shall thereup0n give notice and cause the extraordinary mandatory redemption of 30nds on the next suceeding Interest Payment Date ii1 the maximum aggregate principal amount for which moneys are then on deposit in such Prepayment Aecount in accordance with the provisions for extraordinary redemption of Bonds. (c) i1aDdatory Sinking Fund Redemption. The Series 1996 Bonds are subject to mandatory sinking fund redemption on 1 in ~he respective years set forth in the following table, at a - 43 - GiH\HAi<P1S\lS784 Cl\J;/26/96 1 6G 3 Redemption Price of 100\ of the principal amount thereof plus accrued interest to the redemption date. X.e..u Principal Amount of Bonds to be Paid Ye.ll Principal Amount of Bonds to he. Paid , In connection with such mandatory sinking fund redemption of Series 1996 Bonds, commencing 1" amounts shall be transferred from the Revenue Fund to the Sinking Fund Account of the Debt Service Fund, all as more particularly described Hl Section 6.03 hereof. The principal amounts specified in the foregoing table shall be reduced as specified by the Issuer by any principal amounts of the Series 1996 Bonds redeemed pursuant to Section 8.01(a), (b) and (c) hereof or purchased pursuant to Section 6.04 hereof. SECTION 8.02. Notice of Redemj;)tion and of ,....E.1lrchase. When re~~ired to redeem or purchase Bonds under any provision of the Indenture or directed to do so by the Issuer, the Trustee shall cause notice of the redemption, either in whole or in part, to be mailed at least thirty (30) but not more than sixty (60) days prior to the redemption or purcha.se date to all Owners of Bonds to be redeemed or purchased (as such Owners appear on the Bond Register on the fifth (5th) day prior to such mailing), at their registered addresses, but failure to mail any such notice or defect in the notice or in the mailing thereof shall not affect the validity of the redemption or purchase of the Bonds for which notice was duly mailed in accordance with this Section 8.02. Such notice shall be given in the name of the Issuer, shall be dated, shall set forth the Bonds Outstanding which shall be called for redemption or purchase and shall include, without limi tation, the following additional information: (a) the redemption or purchase date; (b) the redemption or purchase price; - 44 - GTH\HARRIS\15784,Ol\11/26/96 If 1 6G '3 (c) CUS I P nurnbers, to the extent appl icable, and any other distinctive numbers and letters; (d) if less than all Outstanding Bonds to be redeemed or purchased, the identification (and, 10 the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed or purchased; (e) that on the redemption or purchase date the redemption or. purchase price will become due and payable upon sur- render of each such Bond or portion thereof called for redemption or purchase, and that interest thereon shall cease to accrue from and after said date; and (f) the place where such Bonds are to be surrendered for payment of the redemption or purchase pr ice, which place of payment shall be a corporate trust office of ::.he Trustee. If at the time of mailing of notice of an optional redemption or purchase, the Issuer shall not have deposi~ed with the Trustee or Paying Agent moneys sufficient to redeem or purchase all the Bonds called for redemption or purchase, such notice shall state that it is subject to the deposit of the r.edemption or purchase moneys with the Trustee or Paying Agent, as the case may be, not later than the opening of business on the redemption or purchase date, and such notice shall be of no effect unless such moneys are so deposited. f For all redemptions other than mandatory sinking fund redemptions, if the amount of funds deposited with the Trustee for such redemption, or otherwise available, is insc"fficient to pay the redemption price and accrued interest on the Bonds so called for \ redemption on the redemption date, the Trustee shall redeem and pay on such date an amount of such Bonds for which such funds are sufficient, selecting the Bonds to be redeemed by lot from among all such Bonds called for redemption on such date, and among different maturities of Bonds in the same ma~ner as the initial se 1 ect ion of Bonds to be redeemed, and f rom and after such redemption date, interest on the Bonds or portions thereof so paid shall cease to accrue and become payable; but interest on any Bonds or portions thereof not so paid shall continue to accrue until paid at the same rate as it would have had such Bonds not been called for redemption, In addition to the foregoing notice, further notice of redemp- t ion shall be given by the Trustee as se t forth below, but no defect in said further notice of redemption nor any failure to give all or any portion of such further notice shall in any manner- defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. - 45 - GTrl\fJ,ARP.!S\ Li84 01\11/26/96 1 6G 3 (1) Ea~h further notice of redemption given hereunder shall contain che information required above for an official notice of redemption plus (i) the date of issue of the Bonds as originally issued; (ii) the rate of interest borne by each Bond being redeemed; (iii) the maturity date of each Bond being redeemed; and (i v) any other descript i ve information needed to identify accurately the Bonds being redeemed. . (2) Each such further notice of redemption shall be sent at least 35 days before the redemption date by registered or certified ;nail or overnight delivery service to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depositories now being Depository Trust Company of Ne'w York, New York, Midwest Securi ties Trust Company of Chicago, Illinois, Pacific Securities Depository Trust Company of San Francisco, California and Philadelphia Depository Trust Company of Philadelphia, Pennsylvania) and to ~ one or more national information services that disseminate notices of redemption of obligations such as the Bonds (such . as Financial Information, Inc. 's Daily Called Bond Service. Intera~tive Data Corporation's Bond Sel~ice, Kenny Information Service's Called Bond Service, Moody's Municipal and Govern- ment News Report, and Standard and Poor's Called Bond Record), (3) Upon the payment of the redemption price of Bonds , being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP nu~ber identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. The notices required to be given by this Section 8.02 shall state that no representation is made as to correctness or accuracy of the CUSIP numbers listed in such notice or printed on the Bonds, SECTION 8,03. .6..Qrui Redemption Fund. The Trustee is hereby authorized and directed to establish for the Bonds a Bond Redemp- tion Fund into which shall be deposited certain moneys as provided in the Indenture. The Bond Redemption Fund shall constitute an irrevocable trust fund to be applied solely as set forth in the Indenture and shall be held by the Trustee separate and apart from all other Funds and Accounts held under the Indenture and from all other moneys of the Trustee, The Trustee shall establish within the Bond Redemption Fund a Prepayment Account, which account shall be separate and apart from all other Funds and Accounts established under the Indenture and from all other m0neys of the Trustee. All earnings on investments held in the Bond Redemption Fund or the Prepayment Account, as the case may be, shall be retained therein and applied as set forth below, The Issuer shall at the time of deposit of moneys specify which moneys are to be deposited into the - 46 - GTH\t-'AARIS\IS784 01\11/26/96 , _1ITIlJIS~.'lII".J.~_~_~"""'l)l'~-M"'ll\"~~:'O_-~-~~ 1 6G 3 Revenue Fund, which J..n the Bond Redemption Fund and which in the Prepayment Account. Except for moneys deposited following the payment in full o[ Special Assessments on any portion of the District Lands within thirty (30) days after the completion of the Project or from moneys deposited following the payment in full or in part of Special Assessments on any portion of the District Lands as a result of any prepayment of Special Assesssments at any time subsequent to thirty (30) days after the completion of the Project in accordance with the provisions of Section 9.08 which moneys shall be deposited in accordance with THIRD, below, moneys in the Bond Redemption Fund (inclujing all earnings on investments held in the Bond Redemption Fund) shall be accumulated therein to be used in the followin'] order of priority, to the extent that the need therefor arises: FIRST, to be paid into the Principal Account, Interest Account or the Sinking Fund Account, as the case may be, in the same manner as provided by Section 6.03 hereof, to the extent that a deficiency exists therein; provided, however, that moneys in the Bond Redemption Fund consisting of excess Bond proceeds transferred from the Construction Fund to the Bond Redemption Fund and any investment earnings thereon s~ 11 not be applied for this purpose; SECOND, to make such depos~ts into the Rebate Fund as the Issuer may direct in accordance with the arbitrage reb te agreement, if any, such moneys thereupon to be used solely .t the purposes speci f i ed in any such ~rbi t ras~ reba 1:1.: agreeme .' # Kr.y moneys so t.ransferred from t'ne Bono ked~rnpt).on Pun1 to t Rebate Fund shal~ thereupon be free from the lien and pledge of the Indenture; THIRD, to make deposits into the Prepa~nent Account to call for redemption pursuant to clause (b) of Section 8. OJ, hereof with respect to the Bonds an amount of such Bonds equal to the amount of money transferred to the Prepayment Account, for the purpose of such mandatory redemption on the dates and at the prices provided in such clause; and FOURTH, the remainder, if any, to be utilized by the Trustee, at the direction of a Responsible Officer, to call for rede~ption on each Interest Payment Date on which Bonds are subject to optional redemption pursuant to Section 8.01(a) 1 hereof with respect to the Bonds such amount of Bonds as, with, the redemption premium, may be practicable; provided, however, that not less than Five Thousand Dollars (55,000) principal amount of Bonds shall be called for redemption at one time. (a) SECTION 8.04. unconditional Payment of Redemption Pr~~. notice of redemption has been If any required duly mailed or - 47 - GTH\~ARRIS\lS784 01\11/26/96 ~ - _ _______~ --..... -. - r......-...-- ,..L.-~~_A ~ .-- 1 6G ,3 waived by the Owners of all Bonds called for redemption or (b) conditional notice of redemption has been so mailed or waived and the redemption moneys have been duly deposited with the Trustee or Paying Agent, then in either case, the Bonds called for redemption shall be payable on the redemption date at the applicable Redemption Price plus accrued interest, if any, to the redemption date. Bonds so called for redemption, for which moneys have been duly deposited with the Trustee, will cease to bear interest on the specified redemption date, shall no longer be secured by the Indenture and shall not be deemed to be Outstanding under the provisions of the Indenture. Payment of the Redemption P~ice, together with accrued interest, shall be made by the Trustee or Paying Agent to or upon the order of the Owners of the Bonds called for redemption upon surrender of such Eonds. The Redemption Price of the Bonds to be redeemed, the expenses of giving notice and any other expenses of redemption, shall be paid out of the Fund from which redemption 15 to be made or by the Issuer. [END OF ARTICLE VIII] - 48 - GTH\HAKRIS\15784 01\11/26/96 .17 _od-,,_ -- ARTICLE IX 1 6G 3 COVENANTS OF THE ISSUER SECTION 9.01. Power to Issue Bonds Q,nd Create Lien. The Issuer is duly authorized under the Act and all applicable laws of the State to issue the Bonds, to adopt and execute the Indenture and to pledge the Pledged Revenues for the benefit of the Bonds, The Pledged Revenues are not and shall not be subject to any other lien senior to or on a parity with the lien created in favor of,the Bonds. The Bonds and the provisions of the Indenture are and i'ill be valid and legally enforceable obligations of the Issue in accordance with their respective terms. The Issuer shall, at ~11 times, to the extent pel~itted by law, defend, preserve and pro~,ee, ct the pledge created by the Indenture and all the rights of ~he Bondholders under the Indenture against all claims and demandslof all other Persons whomsoever. t SECTION 9,02. .?3.'~ent Qf Printi;;a.L.a:l:.:L.ln:!.:D:.:i;.-..-a.n_B_ondG, 7'h., 'f'~'/rr,r.:;,:. (.)f t.:'\'.; pr :..r:c p;:; J <)r ?,F;~,iJ,~pr.ion ?n ~.~~ r)t ij;.,rJ u;t~r~,!;:.')n ~11 vf ,,-';.r:: L:,CJr.(,b i::;::;ut:G llt:u::unOersn.;d,:l Oi,; ;;f;(;\)r~r.J tDr~h'tJlt.h ~quj:jlly and ratably by a fir~L lien on and pledge ot the Pledged Revenues; and Pledged Revenues in an amount sufficient to pay the principal or Redemption Price of and interest on the Bonds authorized by the Indenture are hereOf irrevocably pledged to the payment of the principal or Redemption Price of and interest on the Bonds authorized under the Indenture, as the same become due and payable. The Issuer shall promptly pay the interest on and the principal or Redemption Price of every Bond issued hereunder aceording to the terms thereof, but shall be required to make such pa,yment only out of 'the Pledged Revenues. The Issuer shall appoint one or more Paying Agents for such purpose, each such agent to be a bank and trust company or a trust company or a national banking association having trust powers. THE BONDS AUTHORIZED UNDER THE INDENTtJRE J..ND THE OBLIGATION EVIDENCED THEREBY SHl~L NOT CONSTITUTE A LIEN UPON ANY PROPERTY OF THE ISSUER, INCLUDING, WITHOUT LHlITATION, THE PROJECT OR AlE PORTION THEREOF IN RESPECT OF WHICH ANY SUCH BONDS AI<.E BEING ISSUED, OR ANY PART THEREOF, BUT SHALL CONSTITUTE A LIEN ONLY ON THE PLEDGED REVENUES AS SET FORTH IN THE I~mENTURE. NOTHING IN THE BONDS AUTHORIZED UNDER THE INDENTURE OR IN THE INDENTURE SHALL BE CONSTRUED AS OBLIGATING THE ISSUER TO PAY THE BONDS OR THE REDEMPTION PRICE THEREOF OR THE INTEREST THEREON EXCEPT FROM THE PLEDGED REVENUES, OR AS PLEDGING THE FAITH AND CREDIT OF THE: ISSUER, THE COUNTY OR THE STATE OR Mry POLITICAL SUBDIVISION THEREOF, OR AS OBLIGATING THE ISSUER, THE COUNTY OR THE STATE OR AJ'\JY OF ITS POLITICAL SUBDIVISIONS, DIRECTLY OR INDIRECTLY OR CONTINGENTLY, TO LEVY OR TO PLEDGE ANY FORM OF TAXATION OR II.DDITIONAL NON ADVALOREM SPECIAL ASSESSt'lENTS \'lH.ATEVER THEREFOR. - 49 - GTH\~ARRIS\lS784 01\11/26/96 .....--------.-.'-.--- - N"'__ __ ___.~~.....~__.....~~.-..". -~-.-...-~--- -_...-.--..~ 1 6G ') ~ SECTION 9.03. S~~al Assessments: Re-Asses~~. (a) The Issuer shall levy Special Assessments, and evidence and certify the same to the Tax Collector or shall take all necessary act ion legally available to certify the non-ad valorem Special Assessments roll to the Tax Collector for collection by the Tax collector and enforcement by the Tax Collector or the Issuer pursuant to the Act, Chapter 170 or Chapter 197, Florida Statutes, or any successor statutes, as applicable, and Section 9.04 hereof, to the extent and in at least an amount sufficient to pay Debt Service Requirements on all Outstanding Bonds. (b) If any Special Assessment shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Issuer shall be satisfied that any such Special Assess- ment is so irregular or defective that the same cannot be enforced or collected.. or if the Issuer shall have omitted to make such Special Assessment 'when it might have done so, the Issuer shall either (i) take all necessary steps to cause a new Special Assess- ment to be made for the whole or any part of said improvement or against any property benefitted by said improvement, or (ii) in its sole discretion, make up the amount of such Special Assessment from legally available moneys, which moneys shall be deposited into the Revenue Fund. In case such second Special Assessment shall be annulled, the Issuer shall obtain and make other Special Assess- ments until a valid Special Assessment shall be made. SECTION 9.04, Method of Collec;:, ion. Special Assessments shall be collected by or for the Issuer in accordance with the provisions of the ],ct and Chapter 170 or Chapter 197, Florida Statutes, or any successor statutes thereto, as applicable, in accordance with the terms of this Section, The Issuer shall use its best efforts to adopt the uniform method for the levy, collection and enforcement of Special Assessments afforded~bY Sections 197,3631, 197.3632 and 197.3635, Florida Statutes, or ny successor statutes thereto, as soon as practicable, or a compara le alternative method afforded by the Act or Section 197.3631, Florida Statutes. The Issuer shall use its best efforts to enter into one or more written agreements with the Property Appraiser and the Tax Collector, either individually or jointly (together, the "Property Appraiser and Tax Collector Agreement") in order to effectuate the provisions of this Section. The Issuer shall use its best efforts to ensure that any such Property Appraiser and Tax Collector Agreement remains in effect for at least as long as the final maturity of Bonds Outstanding under the Indenture. To the extent that the Issuer is not able to effect the collection of Special Assessments pursuant to the "uniform tax collection" method under Chapter 197, Florida Statutes, the Issuer may elect to collect and enforce Special Assessments purs~ant to any available method under the ]I.ct, Chapter 1.70, Florida Statutes, or Chapter 197, Florida Statutes, or any successor statutes thereto, The election to ccllec~ and enforee Speeial A~sessme~~s in any year r~rsuant to a~~' - 50 - GTH\HAARIS\IS784 01\11/26/96 _...-.~ _t ____.............4. .. -M~ M-lf - 'T' --... I 1 6G 3 ~...._-~-- . one met.hod shall not, to the extent permitted by la',,;, preclude the Issuer from electing to collect and enforce Special Assessments pursuant to any other method permitted by law in any subsequent year, SECTION 9.05. Delin~jent S~ecial Assessments. Subject to the provisions of Section 9.04 hereof, if the owner of any lot or par- cel of land assessed for the Project shall be delinquent in the payment of any Special Assessment, then such Special Assessment shall be enforced pursuant to the provisions of Chapter 197, Florida Statutes, or any successor statute thereto, including but not limited to the sale of tax certificates and tax deed as regards such delinquent Special Assessment. In the event the provisions of Chapter 197, Florida Statutes, and any provisions of the Act with respect to such sale are inapplicable by operation of law or by election of the District, then upon the delinquency of any Special Assessment the Issuer shall, to the extent permitted by law, utilize any other method of enforcement as provi.ded by Section 9.04 hereof, including, without limitation, declaring the entire unpaid balance of such Special Assessment to be in default and, at its own expense, cause such delinquent property to be foreclosed, pu~suant to the provisions of Section 170,10, Florida Statutes, in the same method now or hereafter provided by la',.; for the foreclosure of mortgages on real estate, or pursuant to the provisions cf Chapter 173, Florida Statutes, and Sections 190.026 and 170,10, Florida. Statutes, or otherwise as provided by law. SECTION 9.06. Sale of Tax Certifi~~~d Issuance ~a~ D.s;eds; Foreelosur~Qf Special----i\ssessment- Liens, I f the Speeia: Assessments levied and collected under the Aet or the unifonr. method deseribed in Section 9.04 are delinquent, then the applicable prccedures for issuance and sale of tax certificates and tax deeds for nonpayment shall be follo'wed in accordance witl-. Chapter 197, Florida Statutes and related statutes. Alternatively, if the uniform method of collection is not utilized, and if any property shall be offered for sale for the nonpayment of any Special Assessment, and no person or persons shall purchase the same for an amount at least equal to the full amount due on the Special Assessment (principal, interest, penalties and costs, plus attorneys fees, if any), the property may then be purchased by the Issuer for an amount equal to the balance due on the Special Assessment (pr inc ipal, interest, penal ties and costs, plus attorneys fees, if any), and the Issuer shall thereupon receive in its corporate name the title to the property for the benefit of the Registered Owners. The Issuer, either through its own actions o~ actions caused to be done through the Trustee, sha~l have the powe~ and shall use its best efforts to lease or sell such property and deposit all of the net proceeds of any such lease or sale into the Revenue Fund. Not less than ten (lO) days prior to the filing of any foreclosure action or any sale of tax deed as herein provided, the Issuer shall cause written notice thereof to be mailed to the - 51 - GTH\f'AAR I S\ 1 S7H4 G I \ 11/26/96 1 6G 3 Registered Owners. Not less than thirty (30) days prior to the proposed sale of any lot or tract of land acquired by foreclosure by the Issuer-, it shall give written notice thereof to such ., Registered O.......ners. The Issuer, either through its o'wn actions or actions caused to be dene through the Trustee, agrees that it shall be required to take the measure provided by law for sale of property acquired by it as trustee for the Registered Owners within thirty (30) days after the receipt of the request therefor signed by the Registered Owners of twenty- five pe:=-cent (25 %) of the aggregate principal amount of all outstanding Bonds payable from Special Assessments assessed on such property. SECTION 9.07. B..QQkS-a.n~L_Re.c..Q..nis with Respect to Special Af~' In addition to the books and records required to be kept by the Issuer pursuant to the provisions of Section 9.17 hereof, the Issuer shall keep books and records for the collection of the Special Assessments on the District Lands, which such books, records and accounts shall be kept separate and apart from all ocher books, records and accounts of the Issuer. The District Manager or the District Manager I s designee, at the end of each Fiscal Year, shall, upon writ,ten request of the Owner's of at least 25~ of the Bonds then Outstanding, or the Trustee. use its best efforts to prepare a written report setting forth the collections received, the number and amount of delinquencies, the proceedings taken to enforce collections and cure delin~Aencies and an estimate of tirne for the conclusion of such legal proceedings. A signed copy of such audit shall be furnished to the T=ustee (solely as a repository of such ~,nformation) as soon as practicable after such audit shall become available and shall, upon written request, be mailed to any Registered Owner. SECTION 9,08. Rernova.l-Q.f Special Ass~~sment Liens. t (a) At. any time from the date of levy of Special Assessments on a parcel of District Lands through the date that is thirty (30) days after the Project has been completed and the Board of Supervisors of the Issuer has adopted a resolution accepting such Project as provided by Section 170.09, Florida Statuteo, an amended, any owner of property subject to the Special Assessments may, at its option, re~lire the Issuer to rel~ase and extinguish the lien upon its property by virtue of the levy of the Special Assessments that relate to the Bonds by paying to the Issuer the entire amount of such Special Assessment on such property, without interest. (b) At any time subsequent to thirty (30) days after the Project has been completed and the Board of Supervisors of the Issuer has adopted a resolution accepting such Project as provided by Section 170.09, Florida Statutes, as amended, any owner of property subject to the Special Assessments may, at its option, r e qu ire. the I s sue r t erE: ~ .::: a :: e and ex::. ins .1 i s r. the ::.. i en uf' 0 n a - 52 - GTn\HlflRlS\15784,Ol\11/26/96 ~ 1-...... ~,,___~~....~~......,- --.J.,t..1 ~.. ~,_....~~...~..,._~,.,.......,.......--.~- UI"'~"""""'~"""""'''''''' ~ ~-/~ wrl-_-Il~ I_v.."..... : ~. "" '. .:: ' ..... . . .,: '/ .. , ~.' ~-'. . . 1 6G 3 subdivided parcel of property by virtue of the levy of the Special Assessments by paying to the Issuer the entire amount of the Special Assessment, plus accrued interest (based on the true interest cost on the Bonds) to the next succeeding Interest Payment Date (or the second succeeding Interest Payment Date if such prepayment is made wi thin forty (40) calendar days before an Interest Payment Date), attributable to said subdivided parcel of property subj ect to Special JI.ssessment owned by such owner. Such property owner may, under the same terms and time restrictions of this Section (b), pay a portion of the Special Assessment plus accrued interest to the next Interest Payment Date; however, such option is exercisable only once per subdivided parcel. \. (c) Upon receipt of a prepayment as described in (a)t or (b) above, the Issuer shall immediately pay the amount so received to the Trustee and notify the Trustee of the source of said moneys, and the Issuer shall take such action as is necessary to record in the official records of the County an affidavit or affidavits, as the case may be, executed by an authorized officer of the Issuer, L.:> the effect that the Special Assessment, or' a portion thereof, has been paid and that such Special Assessment lien, or portion thereof, is thereby released and extinguished, upon receipt of any such moneys from the Issuer the Trustp.e shall immediately deposit the same into the Prepayment Account of the Bond Redemption Fund to be applied to the redemption of Bonds in accordance with the provisions of Article VIII hereof. SECTION 9.09, ~vletion of Project. The Issuer shall forth- with proceed to complete the Project with all due diligence and in accordance wi th plans and spec if ications whi ch shall have been approved by the Consulting Engineer and shall be in conformity with law and all requirements of all Regulatory Bodies having juris- diction thereover, The Issuer shall, before entering into any contract or incur- ring any obligation which will become a charge against the Con- struction Fund, secure the approval of the Consulting Engineer of such contract or the incurring of such obligation and of the plans and speci fica t ions re f erred to in any such contract and sha 11 require each person, firm or corporation with ;,,'hom it may contract for labor or materials in connection with the construction of the Project before such person, finn or corporation commences said work (i) to execute a payment and performance bond with a surety autho- rized to do business in the State in the full amount of any con- tract exceeding One Hundred Thousand Dollars ($100,000), which pay- ment and performance bond shall be in substantially the form set forth in Section 255.05, Florida Statutes, and shall otherwise be i::1 accordance with such Section; and (ii) to obtain and carry worker's compensation or employers' liability insurance as may be re(~ired by law and public liability and property damage insurance, including provisions to indemnify and save the Issuer harmless, and - 53 - GTH\HARRIS\J')78-.l Jl\II/2G/96 1 6G 3" builders' risk insurance. In ~he event of any default under any such cont rac~, t he proceeds of such pay'men t and per formance bond shall forthwi~h, upon receipt of such proceed~1 be deposited to the credit of the Construction Fund and shall be applied toward the completion of the contract in connect ion wi th \oJhich such payment and performance bond shall have been furnished, SECTION 9.10. c.oost:::.-uctipn to be on IS::Ner Lands. The Issuer covenan~s that no par~ of the Project will be constructed on, over or under lands other than (i) lands good and marketable title to which is 0~1ed or can be acquired by the Issuer or o~her appropri- a~e entity in fee simple, (ii) lands on, over or under which the Issuer or other appropriate enti~y shall have acquired or can acquire perpetual easements for the purposes of the Project, or (iii) lands, including public streets and highways, the right to the use and occupancy of which for such purposes shall be vested in the Issuer or other appropriate en~ity by law or by valid fran- chises, licenses, easements or rights of way or other legally effective permissions or approval. SECTION 9.11. o~er~tion. Use and Maint~~e of Project. The Issuer shall establish and enforce reasonable rules and regulations governing the use of the Proj ect owned by the Issuer, and the operation thereof, such rules and regulations to be adopted in accordance with the Act, and the Issuer shall operate, use and maintain the Project owned by the Issuer in accordance with the Act and all other applicable federal and State la\ols, rules and regula- tions; the Issuer shall maintain and cperate the Project owned by the Issuer in an efficient and economical manne-;:-, shall at all times maintain the same in good repai-;:- and in 30und operating con- dition and shall make all necessary repairs, renewals and replace- men~s. The Issuer shall use its best effor~s to ensure that any portion of the Project not owned by the Issuer is maintained in good repai-;:- and in sound operating condi~ion, and that all necessary repairs, renewals and replacements are made thereto. SECTION 9.12. Observance of and--CQmpliance with Valid Eequirements. The Issue-;:- shall pay all municipal or governmental charges lawfully levied or assessed upon the Project or any part thereof or upon any revenues when the same shall become due, at", ',' the Issuer shall duly observe and comply with all valid requir ments of any municipal or governmental authority relative to t Project. The Issuer shall not, except as otherwise permitted i Section 9.24 of this Article, create or suffer to be created an~ lien or charge upon the Project or upon Pledged Revenues, except the lien and charge of the Bonds on the Pledged Revenues. SECTION 9.13. Eayment of Operating or MQJnt€nance Costs by .s...~ or Others. The Issuer may permit the United States of America, the State, or any of their agencies, departments or poli- ~ical subdivisicns to paj all C~ any pa~~ c~ th~ cost o~ main:ain- - 54 - I GTH\HAR.RlS\l57B4 01\11/26/96 1'It ,_~ ,__~._-___........-..-.--.._. ~ ____,_"-,,..,""".,pIIl-'"'...--.....,.."'.Al,-""-..~.. Ji .,.(L~ . . . "...,..... ",,~tIlI 1 6'G 3 . ing, repairing and operating the Project out of funds other than Pledged Revenues. f I SECTION 9.14. Eublic Liability and Property Damage Insurance: Maintenance of Insu~ce: Use of Insurance anct Condemnation Proceects. (a) Except as otherwise provined in subsection (d) of this Section, the Issuer will carry or cause to be carried, in respect of the portions of Project owned or operated by the Issuer, comprehensive general liability insurance (covering bodily injury and property damage) issued by one or more insurance companies authorized and qualified to do business under the laws of ~'the State, in an amount sufficient to insure the Issuer against claims for which, pursuant to Florida law, soverign immunity has beer. waived. (b) At all times, the Issuer shall maintain a prac- tical insurance program, with reasonable terms, conditions, pro- visions and costs which the District Manager determines will afford adequate protection against loss caused by damage to or destruction of the portions of the Project owned or operated by the Issuer, Limits for such coverage will be subject to the Consulting Engineerls recommendations which are to be provided in an annual report, as required by Section 9.21 hereof I establishing value, The Issuer shall also, at all times, maintain a practical comprehensive general liability insurance program with respect to the portions of the Project owned or operated by the Issuer with such reasonable terms, condi ticns, provisions and costs as the District Manager determines will afford adequate protection against bodily injury and property damage. All insurance policies of the Issuer relating to the Project shall be carried with companies authorized to do business in the State, with a Best rating of no less than IIA~ as to management and Class ~v~ as to financial strength; provided, however, that if, ir: the opinion of the District Manager, adequate insurance protectio;; under reasonable terms, conditions, provisions and cost cannot be purchased from an insurance company with the above-designated ratings, then the District Manager, on behalf of the Issuer, may secure such insurance protection as the Issuer deteI~iines to be in its best interests and otherwise consistent with the Indenture; provided further, however, that the Issuer may act as a sel f- insurer in accordance .....i th the requirements of subsection (d) hereof. All policies providing the insurance coverages required by this Section shall designate the Issuer and the Trustee as the loss-payees and shall be made payable to the Issuer and the Trustee. (c) All proceeds received from property damage or destruction ir:surance required hereunder and all proceeds received - S5 - G1H\rf\RRIS\15J84 01\11/26/96 1 6G 3 by the Issuer from the conde~~ation of the Project or any part thereof are hereby pledged by the Issuer as security for the Bonds and shall be deposited at the option of the Issuer, but subject to the limitations hereinafter described, either (i) into a separate fund to be established by the Trustee for such purpose, and used to remedy the loss, damage or taking for which such proceeds are received, either by repairing the damaged property or replacing the destroyed or taken property, as soon as practicable after the receipt of such proceeds, or (ii) into the Bond Redemption Fund for the purpose of purchasing or redeeming Bonds according to the pro- visions set forth in Article VIr: hereof. The Issuer shall not be entitled to deposit insurance proceeds or condemnation awards into the separate fund described above in clause (i) of this paragraph (and such proceeds and awards shall be deposited directly into the Bond Redemption Fund pursuant to clause (ii) of this paragraph) unless there shall have been filed with the Issuer within a reason- able time after the damage, destruction or conde~1ation (A) a cer- tificate from the Consulting Engineer that the proceeds of the insurance or condemnation awards deposited into such separate fund, together with other funds available for such purposes, will be suf- ficient to repair, rebuild, replace or restore such property to substantially the same condition as it was in prior to its damage, destruction or conde~nation (taking into consideration any changes, alterations and modifications that the Issuer may desire), (B) an opinion from the Consulting Engineer that the Project can be repaired, rebuilt, replaced or restored within two (2) years fol- lowing the damage, destruction or condemnation thereof and (C) aG opinion of the Consulting Engineer that, in each of the three (3) Fiscal Years follo\ving completion of such repair, rebuilding, replaeement or restoration, the Issuer will ce in compliance with its obligations hereunder, If the certificate described in clause (A) of this paragraph is not rendered because such proceeds or awards are insufficient for such purposes, the Issuer may deposit any other legally available funds in such separate fund in an amount required to enable the Consulting Engineer to render its certificate. If the insurance proceeds or condemnation awards deposited in such separate fund are more than sufficient to repair the damaged property or to replace the destroyed or taken property, the balance thereof remaining shall be deposited to the credit of the Prepayment Account in the Bond Redemption Fund, (d) The Issuer shall be entitled to provide all or a portion of the insurance coverage required by subsections (a) and (b) of this Section through Qualified Self Insurance, provided that the requiremerts hereinafter set forth in this subsection (d) are sa tis f ied, "Qual i f ied Sel f Insurance ,. means insurance maintained through a program of self insurance or insurance maintained with a company or association in which the Issuer has a material interes~ o~ of which the Issuer has control, either singly or with others, - 51; - ~"7\..'.~;P)~C:}.1S72A \,1\ll/2S/g., _._.---r-'__~"__~""""~~C ~. _""'7"~ , ,~~""""""",-","-,",.,_,""P;~,~~""""~,,,,~,,,,,,,,~._~,,,,~~ .~- !I ~~- ..... 1 6G 3 Prior to participation in any plan of Qualified Self Insuranee not currently in effect, the Issuer shall oeliver to the Trustee (i) a copy of the proposed plan, and (ii) from the District Man- ager, an evaluation of the proposed plan together with an opinion to the effect that (A) the proposed Qualified Self Insurance plan will provide the coverage required by subsections (a) and (b) of this Section, and (B) the proposed Qualified Self Insurance plan provides for the creation of actuarially sound reserves. Each plan of Qualified Self Insurance shall be in written form, shall provide that upon the tenoination of such plan reserves will be established or insurance acquired in amounts adequate to cover any potential retained liability in respect of the period of sel f insurance, and shall be reviewed annually by the District Manag~r or registered actuary who shall deliver to the Issuer a report on the adequacy of the reserves established thereunder io light of claims made. If the Dist.rict Manager or registered actuary determines that such reserves are inadequate in light of the claims made, he shall make recommendations as to the amount of reserves that should be established and maintained, and the Issuer shall comply with such recommendations unless it can establish to the satisfaction of the Trustee that such recommendations are unreasonable in light of the nature of the claims or the history of recovery against the Issuer for similar claims. A copy of each Qualified Self Insurance plan and of each annual report. thereon shall be delivered to the Trustee. (e) Copies of all recommendations and approvals made by the Consulting Engineer under the provisions of this Section shall be filed with the District Manager and the Trustee. Within the first Sl.X (6) months of each Fiscal Year the District Manager shall file with the Trustee a complete report of the status of the insurance coverages relating to the Project, such report to include, without being limited thereto, a schedule of all insurance policies required by the Indenture which are then in effect, stating with respect to each policy the name of the insurer, the amount, number and expiration date, and the hazards and the risks covered thereby. Any such report of the District Manager may be relied upon by the Trustee as conclusive. SECTION 9.15. ~ollection of Insurapce Proce~da. Copies of all insurance policies referred to in Section 9,14 of this Article shall be available at the offices of the Issuer at all reasonable times to the inspection of the Holders of $500,000 or more i:-,. aggregate principal amount of Bonds and their agents and representatives duly authorized in writing. The Issuer covenants that it will take such action as may be necessary to demand, collect and sue for any insurance money which may become due and payable under any policy of insurance required under the Indenture, whether such policy is payable to the Issuer Qr to the Trus~e~, - 57 - GTH\HARRJS\lS7B4 C1\11/26/96 .- --117"- - "&;.~_.......-..........;. ~_.._"'- 1 6G 3 The Trustee is hereby aut.horized in its Q\.oJn name to demand, collect, sue and receive any insurance money which may become due and payable under any policies payable t.o it. Any appraisal or adjustment of any loss or damage under any pol icy of inst.:.rance required under the Indenture, whether such pol icy is payable to the Issuer or to the Trustee, and any settlement or payment of indemnity under any such policy which may be agreed upon by the Issuer and any insurer shall be evidenced by a certificate, signed by the District Manager approved by the Consulting Engineer. and filed with the Trustee. The Trustee shall in no way be liable or responsible for the collection of insurance moneys in case of any loss or damage, SECTION 9.16. Use of Revenues for-Authoriz~d Purposes only, None of the pledged Revenues shall be used for any. purpose other than as provided in this Indenture and no contract or contracts shall be entered into or any action taken by the Trustee which will be inconsistent with the provisions of this Indenture. , SECTION 9.17. Books. Records ano ~nnual Reports. The Issuer shall keep proper books of record and account in accordance with Generally Accepted Accounting Principles in which complete and correct entries shall be made of its transactions relating to the Project, and which, together with all other books and records of the 1 ssuer, including, 'vii thout 1 imi tat ion, insurance pol ic ies, relating to the Pl'oject, shall at all times be subject during regular business hours to the inspection of the Trustee. The Issuer shall annually, in accordance wi th Florida law, file with the Trustee, any rating agency that shall have then in effect a rating on any of the Bonds. any Bondholder that shall have, in writing, requested a copy thereof, and otherwise as provided by law, a copy of an annual report for such year, prepared in accordance with Generally Accepted Accounting Principles b~ a Certified Public Accountant, , The Issuer shall file with the Trustee annually within 180 days after the close of each Fiscal Year a certificate of a Responsible Officer setting forth (i) a description in reasonable detail of the insurance then in effect pursuant to the requirements of Section 9,14 hereof and that the Issuer has complied in all respects with such requirements, (ii) whether during such year any m3terial part of the project has been damaged or destroyed and, if so, the amount of insurance proceeds covering such loss or damage and specifying the Issuer's reasonable and necessary replacement costs, and (iii) whether or not to the knowledge of the signed, the Issuer is in default with respect to any of the covenants, agreements or conditions on its part contained in this Indenture, and if so, the nature of such default. - 58 - GTHWAKP.1S\lS78-1 01\11/26/96 11"-.---- J' '~-1IlIV- -- ---'- - --..---..--'---- --...-.- The report, statements and other documents required to be furnished by the Issuer to the Trustee pursuant to any provisions of the Indenture shall be available for the inspection of Bondholders at the office of the Trustee, SECTION 9.18. Qpservance of Accounting StandaLds. The Issuer covenants that all the accounts and records of the Issuer relating to the Project will be kept according to Generally Accepted Accounting Principles consistently applied and consistent with the provisions of the Indenture. SECTION 9.19. EmplOym~nt of Certified Public~CQuntant. The Issuer shall employ or cause to be employed as required a Certified Public Accountant to perform accounting and audi1:ing functions and duties required by the Act and the Indenture. SECTION 9.20. ~lishment of Fiscal-Y~ar. Annual Budge~. The Issuer has established a Fiscal Year beginning October 1 of each year and ending Septernber 30 of the follcwing year. The reports and budget of the Issuer shall relate to such Fiscal Year, On or before the first day of each Fiscal Year the Issuer shall adopt a final ~~nual Budget with respect to the Project for such Fiscal Year for the payment of anticipated operating a::-ld maintenance expenses and shall supply a copy of such budget promptly upon the approval thereof to the Trustee and to any Bondholders who shall have so requested in writing and shall have filed their names and addresses with the Secretary of the Board for sueh purpose. I f for any reason the Issuer shall not have adopted · the Annual Budget with respect to the proj ect. on or before the first day of any Fiscal Year, the Annual Budget for the preceding Fiscal Year shall, until the adoption of the new Annual Budget, be deemed in force for the ensuing Fiscal Year. The Issuer may at any time adopt an amended or supplemental Annual Budget for the remainder of the current Fiscal Year, and when such amended l.or supplemental Annual Budget is approved it, shall be treated as the official Annual Budget under the Indenture. Copies of such amended or supplemental Annual Budget shall be filed with the Trustee and mailed to any Bondholders who shall have so requested in writing and shall have filed their names and addresses with the Secretary of the Board for su~h purpose. SECTION 9.21. E.m.I;lloyment of Consulting Engineer: Consultl..ng Engineer's Reoor~. (a) The Issuer shall, for the purpose of performi~g and carrying out the duties imposed on the Consulting Engineer by the Indenture, employ one or more Independent engineers or engineering firms or corporations having a favorable repute for SKill and experience in such work. - 59 - GTH\~)c;RlS\15784,Ol\11/26/96 1 6G 3 (b) The Issuer shall cause the Consulting Engineer to make an inspection of the portions of the Project owned or operated by the Issuer at least once in each Fiscal Year and, on or before the first day of July in each Fiscal Year, to submit to the Board a report setting forth (i) its findings as to whether such portions of the Project owned by the Issuer have been maintained in good repair, working order and condition, and (ii) its recommendations as to the proper maintenance, repair and operation of the Project owned or operated by the Issuer during the ensuing Fiscal Year and an estimate of the amount of money necessary for such purposes. (c) The Issuer shall cause the District Manager or Independent Consul tant to determine all matters regarding the insurance to be carried and to make recommendations with respect to the amount that should be set aside monthly for the purpose of paying premiums on that insurance for which premiums are not paid monthly. Promptly after the receipt of such reports by the Issuer, copies thereof shall be filed with the Trustee and mailed by the Issuer to all Bondholders who shall have filed their names and addresses with the Secretary of the Board for such purpose. SECTION 9.22. Audit Re:DOJ:.t..S. The Issuer covenants that, no later than 180 days after the end of each Fiscal Year or a.s required by la'H, whichever is sooner, it will cause an audit to be made by a Certified Public Accountant covering all receipts and moneys then cn deposit with or in the name of the Trustee or the Issuer and any security held therefor and any investments thereof. Copies of such audit reports shall be filed ~ith the Trustee, the District Manager and the Secretary of the Board, and mailed by said Secretary to the Consulting Engineer and to all Bondholders who shall have filed their names and addresses with him for such purpose. If the material required to be in such audit also appears in the annual report of the Issuer provided fcr in Section 9.17 hereof in a manner that can be readily identified, then the filing of a copy of such annual audit shall satisfy the requirement of this Section. ~ SECTION 9.23. Infor.mation to Be Filed wi~h Trustee. The Issuer shall cause to be kept on file with the District Manager, and available to the Trustee, at all times copies of the schedules of Special Assessments levied on all District Lands in respect of the Project. SECTION 9.24. Covenant Against Sale or Encumbrance; ~ept iQilli. The Issuer covenants that, (a) except for those improvements comprising the Project that are to be conveyed by the Issuer to the County or another governmental entity and (b) except as in this Section permitted, it will not sell, lease or otherwise d;,spose of or ellc":f7',ber the Project, or any pax:: thereof. .l ;-,,? - 60 - . GT~\KPRR1S\jS7~,Ol\11/26/96 n." ~'P....____~,- _~ .-1lIt1"ll""CJIIII"'.'f!'I'WII'""--'''-'- 1 bG 3 Issuer may, however, from time to time, sell any machinery, fix- tures, apparatus, tools, instruments or other rnovable property acquired by it from the proceeds of Bonds or from Pledged Revenues if the District Manager shall determine, with the approval of the Consulting Engineer, that such items are no longer needed or are no longer useful in connection with the construction, maintenance and operation of the Project, and the proceeds thereof shall be applied to the replacement of the properties so sold or disposed of or, at the written direction of the Issuer shall be deposited to the credit of the Revenue Fund. Upon any sale of property relating to the Project, the aggregate of which in any thirty (30) day period exceeds Fifty Thousand Dollars ($50,000) under the provisions of this Section. the Issuer shall provide written notice to the Trustee of the property so sold and the amount and disposition of the proc~,eds thereof. " The Issuer may lease or grant easements, franchises or concessions for the use of any part of the Project not incompatible wi th the maintenance and operation thereof, if the Consul ting Engineer shall approve such lease, easement, franchise or concession in writing and the Consulting Engineer or the Issuer shall certify that it shall not negatively affect the ability of the Issuer to fully pay Debt Service Requirements, and the net proceeds of any such lease, easement, franchise or concession (after the making of provision for payment frorn said proceeds of all costs incurred in financing, constructing, operating, maintaining or repairing such leases, easements, franchises or concessions) shall be deposited as received to the credit of the Revenue Fund. SECTION 9.25. fiq.elity Bond.s., Every officer, agent 0:- employee of the Issuer having custody or control of any of the Pledged Revenues shall be bonded by a responsible corporate surety in an amount not less than the greatest amount reasonably anticipated to be within the custody or control of such officer. agent or employee at one time. The premiums on such surety bonds shall be paid by the Issuer as an expense of operation and maintenance of the Project. SECTION 9.26. No Loss of Lien on pll=dged Revenues. The Issuer shall not do or omit to do, or suffer to be done or omit to be done, any matter or thing whatsoever whereby the lien of the Bonds on the Pledged Revenues or any part thereof, or the priority thereof, woulc be lost or impaired; provided, however, that this Section shall not prohi.bit the Trustee from transferring moneys to the Rebate Fund held by the Trustee under any arbitrage rebate agreement. , - 61 - GTH\HA~RlS\15784 0\\11/26/96 ""'~II..,.~~~......~...q~_._._,._-""""-J,"'..-_~~......~~- . , 1 6G 1 SECTION 9.27. CQmoliance With Otr~r Contrqcts ~nd Agreements. The Issuer shall comply with and abide by all of the terms' and conditions or any and all contracts and agreements which the Issuer enters into in connection with the pr,Oject and the issuance o~",,' the Bonds. 1 SECTION 9.28. ~~~f Additional~ligations. The Issuer shall not issue any obligations other than the Bonds payable ~ro~ Pledged Revenues, nor voluntarily create or cause to be create1any debt, lien, pledge, assignment, encumbrance or other charge, payable from Pledged Revenues. 1 SECTION 9.29. EJ5..t.ension of Time for payrnent of Int~rest ?rohibi~. The Issuer shall not directly or indirectly exte~d or assent to an extension of time for payment of any claiml for interest on any of the Bonds and shall not directly or indirectly be a party to or approve any arrangement therefor by purchasing or funding or in any manner keeping alive any such clai~ for interes~; no claim for interest which in any way, at or afte~ ~a~urity, s~al: have been transferred or pledged apart from the Bonds to which it relates or which shall in any ~anner have been ~ep: alive a~:e~ maturity by extension or by pu~chase thereof by or on behalf of :~e Issuer, shall be entitled, in case of a default hereunder, to a~:' benefit or security under the Indenture except after the t::-:.:::: payment in full of the principal of all Bor.ds and claims --- interest appertaining thereto not so transfe~re::, pledged, :<:e;::: alive or extended. I SECTION 9,30. E~yther AssurQnces. The Iss~er shall not\enter into any contract or take any action by '...hich ':..::c rig~t.s of t1:e Trustee or the Bondholders may be impaired and shall. from time tc time, execute and deliver such further instrume~:S and take s~c~ further action as may be required to carry out the purposes of the Indenture. SECTION 9.31. Investments to com~ with Jnternal Reven.ue CQ~. The Issuer covenants to the Holders of the Bonds that it will not make or direct the making of any investment or other use of the proceeds of any Bonds issued hereunder which would cause such Bonds to be "arbitrage bonds" as that term is defined in Section 148 (or any successor provision thereto) of the Code and all applicable regulations promulgated under the Internal Revenue Code of 1954. as amended, or the Code, and that it will comply with the requirements of such Code section and related regulations throughout the term of such Bonds. The Issuer hereby further covenants and agrees to comply with the procedures and covenants contained in any arbitrage rebate agreement executed in connection with the issuance of the Bonds for so long as compliancf:: i:3 necessary in order to maintain the exclusion ErVIII gro33 incoltv:: f0t' federal income ~ax pU=POSf::S of intexe~~ 0n ~h~ ?0nrlR. f;~ ,., - 62 - GTH,h,A.i~;{!S\15784 0; \: 1/26/96 1 6G 3 SECTION 9.32. ~prporate Exis~ence and _Maintenance of Eroperties. For so long as any Bonds are Outstanding hereunder, unless otherw=.se provided by the Act, the Issuer shall maintain its corporate existence as a local unit of special purpose government under the Act and shall provide for or otheDNise require the Project, and all parts thereof o'NTIed or operated by the Issuer to be (a) continuously operated, repaired, improved and rr~intained as shall be necessary to provide adequate service to the lands benefitted thereby; and (b) in compliance with all valid ar.d applicable laws, acts, rules, regulations, permits, orders, requirements and directions 0: any competent public authority, SECTION 9.32. CQDtin~ing DisclQSure. The Issuer shall complj with the requirements of the United States Securities and Exchange Commission Rule 15c2-12, o~ its successor, with respect to continuing disclosure and in accordance therewith shall provide the following information to each NRMSIR: (a) within 180 days after the end of each Fiscal Year of the Issuer and to the extent available, the audited financial statements of the Issuer for such Fiscal Year prepared in accordance with generally accepted governmental account ing pri niples, as modi f ied by appl icable State of Florida requirements and governmental accounting standards promulgated by the Government Accounting Standards Board; (b) within 180 days after the end of each Fiscal Year of the Issuer, financial information and operating data with respect to the Bonds: (i) the balances in the Funds and Accounts; (i i) the assessed value of the Issuer lanJ, if available; provided, however, that the Issuer may relylupon the records of the Property Appraiser for such informat10n; (iiilthe amount 9f Special Assessments levild on t:he"specfally benefited land, as certified by the Issuer to the Tax Collector or other collection agent during ,such Fiscal Year; (i v) the amount of Pledged Revenues collected during such Fiscal Year; (v) the amount of delin~Jent Special Assessments during such Fiscal Year, if available; (vi) t:-:e colla~ amount of tax certificates in respect to t::e Spec ia1 Assessments during st:ch Fiscal Year, it a 'J ail a b 1 e ; - 053 - G ~~ \ ~~:..; : S \ 15"76.1 C 1 '.. 1 : ! 2 ~ : ~. ~;:/: .;.:\ .'~ ,'.,',: ,} {,,l; iJ : t';l:;':'~(?),~: i.()~:; :;;:~;', r ~'+~:;:'f~:'.,{ '~j:~;\)i<:'~ ,,,-,,"_._"~._....,-- ...,..~._,-- 1 6G 3 ~ (vii) a schedule of the debt service for the remaining term of the Bonds; (viii) the percentage of the Project that has been completed wi th the proceeds of t.he Bonds as of such Fiscal Year; and ( ix) determination in Project. any materially adverse change or any permit or approval relating to the (c) in a timely manner, notice of any of the following events, if material: (i) any pr incipal delinquency on the Bonds; and interest payment (ii) any nonpayment default on the Bonds; (iii) any unscheduled draws on the Debt Service Reserve Account reflecting financial difficulties; (iv) any unscheduled draws on any credit enhancement reflecting financial difficulties; (v) any substi tut ion of credi t or liquidity providers or their failure to perform; (vi) any adverse tax opinions or events affecting the tax exempt status of the Bonds; (vii) any modification to the rights of Holders; (viii) any calls on the Bonds (other than mandatory sinking fund or extraordinary redemption); (ix) any defeasance of the Bonds; (x) any release, substitution or sale of any item of the Trust estate; (xi) any change in the rating of the Bonds; (xi i) any failure on the part of the Issuer to comply with the requirements of clause (a) or (b) above. (END OF ARTICLE IX) - 64 - GTH\H~RRIS\15784,Ol\11/26/96 ..... 1 6G 3 ARTICLE X EVE~~S OF DEFAULT AND REMEDIES SECTION 10.01. EY.ents of Defaul t and Remedies. Events of default and remedies with respect to the Bonds shall be as set forth in this Article X. SECTION 10.02. Events of Default De~~d. Each of the follo~ing shall be an "Event of Default~ under the Indenture: (a) if paI~ent of any installment of interest on any Bond is not made when it becomes due and payable; or (b) if payment of the principal or Redemption Price of any Bond is not m3de when it becomes due and payable at maturity or upon call or p~esentation for redemption; or (c) if the incapable of fulfilling under the Act; or Iss~er, for any reason, its obligations under the is rendered Indenture or (d) if the Issuer proposes or makes an assignment for the benefit of creditors or enters into a composition agreement with all or a material part of its creditors, or a trustee. receiver, executor, conservator, liquidator, sequestrator or other judicial representative, similar or dissimilar, is appointed for the Issuer or any of its assets or revenues, or there is commenced any proceeding in 1 iquida t ion, bankruptcy, reorganizat ion, arrangement of debts, debtor rehabilitation, creditor adjustment or insolvency, local, state or federal, by or against the Issuer and if such is not vacated, dismissed or stayed on Jppeal within ninety (90) days; or (e) if the Issuer defaults in the due and punctual performance of any other covenant in the Indenture or in any Bond issued pursuant to the Indenture and such default continues for sixty (60) days after written notice requiring the same to be remedied shall have been given to the Issuer by the Trustee, which may give such notice in its discretion and shall give such notice at the written re~Jest of the Holders of not less than a majority in aggregate principal amount of the Outstanding Bonds; provided, however, that if such performance requires work to be done, actions to be taken, or conditions to be remedied, which by their nature cannot reasonably be done, taken or remedied, as the case may be, within such sixty (60) day period, no Event of Default shall be d,::erned to have occurred or exist if, and so long as the Issuer shall commence such performance within such sixty (60) day period and shall diligently and continuously prosecute the same to completion. - 65 - GTK\r~RIS\lS784 01\11/26/96 .."._...~ 1 6G 3 . SECTION 10.03. No Accel~ration. No Bonds issued under this Indenture shall be subject to acceleration. SECTION 10.04. L.eg.aL~roceedings by Trust...e..e,. If any Event of Default with respect to the Bonds has occurred and is continuing, the Trustee, in its discretion may, and upon the written request of the Holders of not less than a majority of the aggregate principal amount of the Outstanding Bonds and receipt of indemnity to its satisfaction shall, in its own name: (a) by mandamus, or other suit, action or proceeding at law or in equity I enforce all rights of the Holders of the Bonds, including, without limitation, the right to require the Issuer to carry out any agreements with, or for the benefit of, the Bondholders of the Bonds and to perform its or their duties under t.he Act; (b) bring suit upon the Bonds; (c) by action or suit in equity require the Issuer to account. as if it were the trustee of an express trust for the Holders of the Bonds; (d) by action or suit in equity enjoin any acts or things which may be unlawful or in violationiof the rights of the Holders of the Bonds; and 1 (e) by other proceeding :In law or equity, exercise all rights and remedies provided for by any other document or instrument securing the Bonds. SECTION 10.05, D.iscontinuance of Proceepinqs by TTustee. If any proceeding taken by the Trustee on account of any Event of Default is discontinued or is determined adversely to the Trustee, the Issuer, the Trustee, the Paying Agent and the Bondholders shall be restored to their former positions and rights hereunder as though no such proceeding had been taken. SECTION 10.06, S9ndholders Mav Direct Proceedings.. The Holders of a majority in aggregate principal amount of the Outstanding Bonds then subject to remedial proceedings under this Article X shall have the right to direct the method and place of conducting all remedial proceedings by the Trustee under the Indenture, provided that such directions shall not be otherwise than in accordance with law or the provisions of the Indenture. SECTION 10.07. Lim.i~t ions OD Action.a-b~ Bondholders. No Bondholder shall have any right to pursue any remedy hereundel' unless (a) the Trustee shall have been given written notice of an Event of Default, (::..: th~ p.::.lc.ers C'f at least a majcrity c: t~e - 66 - GTH\HAP.~\S\157BA OJ\\1/26/96 IIIIIIll ......--............-----.-...... 1 6G ') aggregate principal amount of the Outstanding Bonds shall have requested the Trustee, in writing, to exercise the powers herein- above granted or to pursue such remedy in its or their name o~ names, (c) the Trustee shall have been offered indemnity satis- factory to it against. costs, expenses and liabilities, and (d) the Trustee shall have failed to comply with such req'J.est within a reasonable time. SECTION 10,08. ~~tee May Enforce Rigbts Witho~t pos~ssion of Bonds. All rights under the Indenture and the Bonds may be' enforced by the Trustee without the possession of any of the Bonds or the production thereof at the trial or other proceedings rela- tive thereto, and any proceeding instituted by the Trustee shall be brought in its name for the ratable benefit of the Holders of the Bonds SECTION 10.09. ~medies Not Exclusive. Except as limited under Section 15.01 of this Indenture, no remedy contained in the Indenture is intended to be exclusive of any other remedy or remedies, and each remedy is in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. SECTION 10.10. ~~~nd Omission~ Not ~~~ir Rights. No delay or omission in respect of exercising any right or po\.,rer accruing upon any Event of Defa~lt shall impair such right or power or be a waiver of such Event of Default, and every remedy given by this Article X may be exercised from time to time and as often as may be deemed expedj,enc, SECTION 10.11. APplication of Mon~Ys in Ey'~nt of D~faull... Any moneys received by the Trustee or the Paying Agent, as the case may be, in connection with any proceedings brought under this Article X with respect to the Bonds shall be applied: (al to the payment of the unpaid fees and costs of the Trustee and Paying Agent incurred in connection with actions taken under this Article X with respect to the Bonds, including counsel fees and any disbursements of the Trustee and the Paying Agent. (b) unless the principal of all the Bonds shall have become or shall have been declared due and payable: FIRST: to payment of all installments of interest then due on th~ Bonds in the order of maturity of such installments of interest, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the persons entitled thereto, without any preference or priority of one installment of j,nterest over any other installment; and - 67 - GTH\~~R1S\157B4 01\11/26/96 _ __ _.._..-....-~.__~.__~ __...--_T'CW' -...-....-.. ~--'- .-..-~---~1fV'...... ifIIMI"'~ .. ~ ...........(~.,,:~: i_" 1 6G 3 SECOND: to payment to the persons entitled thereto of the unpaid principal or Redemption Price of any of the Bonds which shall have become due in the order of their due dates, with interest on such Bonds from the respective dates upon which they become due and, if the amount available shall not be sufficient to pay in full the principal or Redemption Price coming due on such Sondo on <:l.ny particular d,.lt.c I tOf;1ether wi trl such interest, then to the payment rat. <:l.blY, according to tbe amount of principal due on such date, to the persons entitled thereto without any preference or priority of one such Bond over another or of any installment of interest over another. (c) If the principal of all Bonds shall have become or shall have been declared due and payable, to the payment of principal or Redempt.ion Price (as the case may be) and interest then owing on the Bonds and in case such moneys shall be insufficient to pay the same in full, then to the payment of principal or Redemption Price and interest ratably, without preference or priority of one Bond over another or of any installment of interest over any other installment of interest. Any surplus remaining after the payments described above shall be paid to the Issuer or to the Person lawfully entitled to receive the same or as a court of competent jurisdiction may direct. SECTION 10.12. Trustee's Right to Receiver: Compliance with ~, The Trustee shall be entitled as of right to the appointment of a receiver and the Trustee, the Bondholders and a:1Y receiver so appointed shall have such rights and powers and be subject to such limitations and restrictio:1S as are contained in the Act and other applicable law of the State. SECTION 10.13, Trustee and Bondholders Entitled to all Es:rnedies under Act. It is the purpose of this Article to provide such remedies to the Trustee and Bondholders as may be lawfully granted under the provisions of the Act and other applicable laws of the State; if any remedy herein granted shall be held unlawful, the Trustee and the Bondholders shall nevertheless be entitled to every other remedy provided by the Act and other applicable laws of the State. It is further intended that, insofar as lawfully possihle, the provisions of this Article X shall apply to and be binding upon any receiver appointed in accordance with Section 10.12 hereof. [END OF ARTICLE X] - 68 - GTH\HARRIS\lS784,Ql\11/26/96 ARTICLE XI 1 6G 3 THE TRUSTEE; THE PAYING AGENT AND REGISTRAR SECTION 11.01, Acc~~~a~ of Trust. The Trustee accepts and agrees to execute the trusts hereby created, but only upon the additional terms set forth in this Article XI, to all of which the parties hereto and the Bondholders agree. The Trustee shall act as Trustee for the Bonds. The Trustee further agrees to comply with the procedures and covenants contained in any arbitrage rebate agreement applicable to it for so long as compliance is necessary in order to maintain the exclusiori from gross income for federal income tax purposes of interest on the Bonds, to the extent. applicable. SECTION 11.02. No Responsibil~ty for Recitals. The recitals, statements and representations in the Indenture or in the Bonds, save only the Trustee's Certificate, if any, upon the Bonds, have been made by the Issuer 2nd not by the Trustee and the Trustee shall be under no responsibility for the correctness thereof. SECTION 11.03. IrJJ..S.!...ee May A.ct Through Agents: Answerable Only Lor Willful Misconduct or Negligence. The Trustee may execute any powers hereunder and perform any duties required of it through a:torneys, agents, officers or employees, and shall be entitled to advice of Counsel concerning all questions hereunde~i the Trustee shall not be answerable for the default or misconduct of a:-:y attorney or agent selected and supervised by it with reasonable care, The Trustee shall not be answerable for the exercise of any discretion or power under the Indenture nor for anything whatever in connection with the trust hereunder, except only its own negl :gence or will ful misconduct or breach of its obl iga t ions hereunder. SECTION 11.04. CompensatiQD-9.nd Indemnity, The Issuer shall pay the Trustee reasonable compensation for its services hereunder, "and also 'all its reasonable expenses and disbursements, and shall indemnify the Trustee against and hold the Trustee harmless from any liabilities which it may incur in the proper exercise and performance of its powers and duties hereunder, except with respect to its own negligence or breach of its obligations hereunder or its willful misconduct. If the Issuer defaults in respect of the foregoing obligations, the Trustee may deduct the amount owing to it from any moneys coming into its hands and payable to the Issuer, and the Issuer hereby grants to the Trustee a lien upon such monies to secure the obligations of the Issuer to the Trustee hereunder. The provisions of this Section 11.04 regarding compensation, expenses and disbursements shall survive termination of this Indenture and shall continue to apply to the Trustee for later services it may be called upon by the Issuer to perform 1n - 69 - GTH\f~KIS\15784,Ol\11/26/96 _."'_____.., III ___......4.<1>-.. ., ~.._------ 1 6G 3 connection with administration of the Bonds notwithstanding its removal or resignation, SECTION 11.05. ~~ty to Renew Insurance. The Trustee shall be under no duty to effect or to renew any insurance policy nor shall it incur any liability for the failure of the Issuer to require or effect or rene\o,' insurance or to report or file claims of loss thereunder. SECTION 11.06. tlQL~e of Default: Right to Investi~. The Trustee shall give written notiee by first-class mail to registered Holders of Bonds of all defaults known to the Trustee, unless such defaults ha'.'e been remedied (the term IIdefaults" for purposes of this Section and Section 11.07 being defined to include the events spec i f ied as ~ Event s of De fau 1 t ~ in Art icle X hereof, but not including any notice or periods of grace provided for therein); provided that, except in the case of a default in payment of prin- cipal or interest or Redemption Price, the Trustee may withhold such notice so long as it in good faith determines that such with- holding is in the interest of the Bondholders. The Trustee shall not be deemed to have notice of any default other than a payment default under the Indenture, unless not.ified in writ.ing of such default by the Holders of at. least a majority of the aggregate principal amount. of the Outstanding Bonds. The Trustee may, how- ever, at any time recr..lire of ti':e Issuer full information as to the performance of any covenant hereunder, and if information satis- factory to it is not forthcoming, the Trustee may make or cause to be made, at the expense of the Issuer, an investigation into the affairs of the Issuer. SECTION 11.07, Obligation to Act on DefcH.J.l.t..S. The Trustee shall be under no obligation tel take any action in recpect of a~1 default. or othexwist:, except. (). ,~(:fault. ..Iit.h r~~?~':t. t.o thA p~ym.qn' ::: of principal or inter.;;st or Hedemption Price as the same sha 1 L become due and payable at redemption or upon maturity, unless it is recr..lested in writing to do so by the Holders of at least a majority of the aggregate principal amOJnt of the Outstanding Bonds which are or would be, upon the taking of such action, subj ect to remedial proceedings under Article X of this Indenture if in its opinion such action may tend to involve expense or liability; provided, however, that in no event shall the Trustee be obligated to take any action hereunder unless the Trustee is also furnished with indemnity satisfactory to the Trustee. SECTION 11.08, Reliance by Trustee. The Trustee may act on any requisition, resolution, notice, telegram, facsimile transmission, request, consent, waiver, certi f icate, statement, affidavit, voucher, bond, or ot.her paper or document or telephone message (provided such message shall be preserled in writing by the Trustee) which it in good faith believes to be genuine and to have been passed, signed or glve:; by the persons p\..:.rporting to be - 70 - G1H\HARR1S\15784,Ql\11/26/96 --- -----~.._.,.------._--_._-_....- -.....WlTlIIQII'I1IIr'.IooIllo: .H --.--..:.c-...aV... '*-Lmn....,."..~~n - ~ ~-UJ ~ _1I.~....IIllIllbft..........~~rt r---~l. __.._.<.............-..,J t.I 1 6G 3 authorized (which in the case of the Issuer shall be a Responsible Officer) or to have been prepared and furnished pursuant to any of the provisions of the Indenture; the Trustee shall be under no duty to make any investigation as to any statement contained in any such instrument, but may accept the same as conclusive evidence of the accuracy of such statement. . SECTION 11.09. 1r~~~al in Bonds. The Trustee may ~n good faith buy, sell, own, hold and deal in any of the Bonds and may join in any action which any Bondholders may be entitled to take with like effect as if the Trustee were not a party to the Indenture; provided, however, that in determining whether Owners of the re~lisite aggregate principal amount of Bonds Outstanding have concurred in any request, demand, authorization, direction, notice, consent or \Jaiver under the provisions of the Indenture, Bonds \l/hich are held on behalf of the Trustee shall be disregarded. The Trustee may also engage in or be interested in any financial oc other transaction with the Issuer; provided, however, that if the Trustee determines that any such relation is in conflict with i~s duties under the Indenture, it shall eliminate the conflict 0:'- resign as Trustee. SECTION 11.10, Construct ion of Ambiguous Provisions. The Trustee may construe any ambig'Jous or inconsistent provisions of the Indenture, and except as otherwise provided in Article XIII of this Indenture, any construction by the Trustee shall be binding upon the Bondholders, The Trustee shall give prompt notice to the Issuer of any intention to make such construction. SECTION 11,11. Ee~ianation of Trustee. The Trustee may resign and be discharged of the trusts created by the Indenture by written resignation filed with the Secretary of the Issuer not less than sixty (60) days before the date when such resignation is ~o take effect; provided, however, that (i) if any Outstanding Bonds are not registered Bonds, notice of such resignation is published at leas~ once a week for three t)~ consecutive ca~endar weeks in at least one Authorized Newspaper, the first publication to appear nOl less than three (3) weeks prior to the date when the resignation is to take effect; and that (ii) if any Outstanding Bonds are regis- tered Bonds, notice of such resignation shall be sent by first- class mail to each Bondholder as its name and address appears on the Bond Register and to any Paying Agent, Registrar and Authenti- cating Agent at least sixty (60) days before the resignation is to take effect. Such resignation shall take effect on the day speci- fied in the Trustee I s notice of resignation unless a successor Trustee is previously appointed, in which event the resignation shall take effect immediately on the appointment of such successor; provided, however, that notwithstanding the foregoing, such resignation shall not take effect until a successor Trustee has been appointed, I f a successor Trustee has not been appointed within ninety (90) days after the Trustee has given its notice of - 71 - GTH\HARRlS\IS784 01\11/26/96 .--- If .fir- --- lO& -- r-"lIWtl ~._-....--.. nr-il.'r-..o:..dO r -- · ..........-aI-.H 1 6G 3 resignation, the Trust.ee may petition any court of competent jurisdiction for the appointment of a temporary successor Trust.~~ to serve as Trustee unt il a successor Trustee has been du 1 '! appointed. Notice of such resignation shall also be given to any rating agency that shall then have in effect a rating on any of the Bonds. SECTION 11.12. Removal of Trustp~. The Trustee may be removed at any time by either (a) the Issuer, if no default exists under the Indenture, or (b) an instrument or concurrent instruments in writing, executed by the Owners of at least a majority of the aggregate principal amount of the Bonds then Outstanding and filed with the Issuer. A photographic copy of any instrument or instru- ments filed with the Issuer under the provisions of this paragrapl" duly certified by a Responsible Officer, shall be delivered promptly by the Issuer to the Trustee and to any Paying Agent, Registrar and Authenticating Agent. The Trustee may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provision of the Inden- ture with respect to the duties and obligations of the Trustee by any court of competent jurisdiction upon the application of the Issuer or the Holders of not less than a majority of the aggregate principal amount of the Bonds then Outstanding. SECTION 11.13. l'.p:pointme:1L-.Q.f~ccessor Trustee. If the Trustee or any suceessor Trustee resigns or is removed or dis- ~:ol ved, or if its property or bus iness is ta~:en under the contra 1 of any state or federal court or administrative body, a vacancy shall forthwith exist in the office of the Trustee, and the Iss'-'er shall appoint a successor and (i) if any Outstanding Bonds are not registered bonds, shall publish notice of such appointment in an Authorized Newspaper and (ii) if any O'-'tstanding Bonds are registered Bonds, shall mail notice of such appointment by firs~- class mail to each Bondholder as its name and address appear on the Bond Register, and to the Paying Agent, Registrar and Authenticating Agent and any rating ogency that shall then have in e f f ect a rat lng on any of t he Bonds, I f no appointment of a successor Trustee shall be made pursuant to the foregoi!1g provisions of this Indenture prior to the date specified in the notice of resignation or removal as the date when such resignation or l'emoval was to take effect, the Holders of a majority in aggregate principal amount of all Bonds then Outstanding may appoint a successor Trustee. SECTION Trustee shall trust company surplus of at 11.14. Qualification of be a national bank with with trust powers, having least $50,000,000. Succ~ssor. A successor trust powers or a bank or a cornbined net capital and - 72 - GiH\HARRIS\1S784 01\11/26/96 1 6G SECTION 11.15. IDS t :-u:-::en': s of Succ~.5.iQn. Any successor Trustee shall execute, acknowledge and deliver to the Issuer an instrument accepting such appointment hereunder and thereupon, s~ch successor Trustee, without any further act, deed, or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor in trust hereunder, with like effect as if originally named Trustee herein except as provided in Section 11.04 hereof. The Trustee ceasing to act hereunder shall pay over to the successor Trustee all moneys held by it hereunder and, upon request of the successor Trustee, the Trustee ceasing to act and the Issuer shall execute and deliv~r an instrument or instruments prepared by the Issuer transferring to the successor Trustee all the estates, properties, rights, powers and trusts hereunder of the predecessor Trustee. SECTION 11.16, MeraeJ:': of Trustee. Any corporation into which any Trustee hereunder may be merged or with which it may be con- solidated, or any corporation resulting from any merger or con.. solidation to which any Trustee here~nder shall be a party, shall be the successor Trustee under the Indenture, without the execution or f il ing of any ,t)aper or any further act 0:1 the part of the parties hereto, anything herein to the contrary notwithstanding; provided, however, that any such successor corporation continuing to act as Trustee hereunder shall meet the requirements of Section 11.14 hereof, and if such corporation does not meet the aforesaid requirements, a successor Trustee shall be appointed pursuant to this Article XI, SECTION 11.17, Extension of Rights and Duties of Trustee LQ ,Ea.ving Agent and Reaistrar. The provisions of Sections 11.02, 11.03, 11.04, 11.08, 11.09 and 11.10 hereof are hereby rr.ade applicable to the Paying Agent and the Registrar, as appropriate, and a:1Y Person serving as Paying Agent and/or Registrar, hereby enters into and agrees to comply with the covenants and agreements of this Indenture applicable to the Paying Agent and Registrar, respectively. It is hereby expressly understood that the Issuer may appoint one or more Persons as Paying Agent or Paying Agents for one or more Series of Bonds. SECTION 11.18. Resign~tion of Payi~r Registrar. The Paying Agent or Registrar may resign and be discharged of the duties created by the Indenture by executing an instrument Jin writing resigning such duties and specifying the date when s ch resignation shall take effect, and filing the same with the Issuer, the Trustee, and any rating agency that shall then have in effect a rating on any of the Bonds, not less than forty-five (45) days before the date specified in such instrument when such resignation shall take effect, and by giving written notice of such resignation not less than three (3) weeks prior to such resignation date to th~ Bondholders, mailed to their addresses as such appear in the Bond Register. Such resignation shall take effect on the date specified - 73 - GTH\HAARIS\15784 01\11/26/96 .,~.~ _............_~ ~'W'l"........~~y___~....-Mt4.~ 1fI1J'IIIf...--.-......~~ n_,--,.J"II[....'T7"I__.._....~....~--t- _'" _ ~!,_~....................~~.,,-""'1 1 6G 3 in su~h instrument and notice, but only if a successor Paying Agent or Registrar shall have been appointed as hereinafter provideQ, in which event such resignation shall take effect immediately upon the appointment of such successor Paying Agent or Registrar. If the successor Paying Agent or Registrar shall not have been appointed within a period of ninety (90) days following the giving of notice, then the Paying Agent or Registrar shall be authorized to petition any court of competent jurisdiction to appoint a successor Paying Agent or Registrar as provided in Section 11.22 hereof. SECTION 11.19. Removal of Paying Agent or .Registrar. The Paying Agent or Registrar may be removed at any timE prior to any Event of Default by the Issuer by filing with the Paying Agent or Registrar to be removed, and with the Trustee, an instrument or instruments in writing executed by the Issuer appointing a suc- cessor, or an instrument or instruments in writing designating, and accompanied by an instrument or appointment by the Issuer of, such successor. Such removal shall be effective thirty (30) days (or such longer period as may be set forth in such instrument) after delivery of the instrument; provided, however, that no such removal shall be effective until the successor Paying Agent or Registrar appointed hereunder shall execute, acknowledge and deliver to the Issuer an instrument accepting such appointment hereunder. SECTION 11.20. A~~ointmenL of Successor Paying Agent or Re.gistraI:. In case at any time the Paying Agent. or Registrar shall be removed, or be dissolved, or if its property or affairs shall be taken under the control of any state or federal court or adminis- trative body berause of insolvency or bankruptcy, or for any other reason, then a vacancy shall forthwith and ~ facto exist in the office of the Paying Agent or Registrar, as th~ case may be, and a successor shall be appointed by the Issuer; and in case at any time the Paying Agent or Registrar shall resign, then a successor shall be appointed by the Issuer. After any such appointment, notice of such appointment shall be given by the Issuer to the predecessor Paying Agent or Registrar, the successor Paying Agent or Registrar, the Trustee, any rating agency that shall then have in effect a rating on any of the Bonds, and all Bondholders, Any new Paying Agent or Registrar so appointed shall immediately, and without fur- ther act, supersede the predecessor Paying Agent or Registrar. SECTION 11. 21. Oual if ica t iQIls of Successor P...a:iing Agent or ~~. Every successor Paying Agent or Registrar (a) shall be a commercial bank or crust company (i) duly organized under the laws of the United States or any state or territory thereof, (i) authorized by law to perform all the duties imposed upon it by the Indenture and (iiil capable of meeting its obligations here- under, and (b) shall have a combined net capital and surplus of at least $50,000,000. - 74 - GTH\HARRIS\1S784 01\11/26/96 ~- -'- ~._- ,___>,."..._~_ ~ _ _.........--,-"'-----""'L-~~......-~'"'-l ':. - .' '." ",-.. "'l'_~_"-""".I'r 4.1 1 6G 3 SECTION 11.22. Judicial Ap~0intment of Succe~SQr Paying Age.n.t. or Reg~~trar. In case at any time the Paying Agent or Registrar shall resign and no appointment of a successor Paying Agent or Registrar shall be made pursuant to the foregoing provisions of this Indenture pr.ior to the date specified in the notice of resignation as the date when such resignation is to take effect, the retiring Paying Agent or Registrar may forthwith apply to a court of competent jurisdiction for the appointment of a successor Paying Agent or Registrar. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Paying Agent or Registrar. Notice of such appointment shall be given by the Successor Registrar or Paying Agent to the Issuer, the Trustee I any rating agency that shall then have in effect a rating on any of the Bonds, and all Bondholders. In the absence of such an appointment, the Trustee shall become the Registrar or Paying Agent, or and shall so notify the Issuer, any rating agency that sh~ll h~ve issued a rating on the Bonds, and all Bondholders. SECTION 11.23. Acceptance of Duties by S~ccessor Paying Ag~ Q~ Registrar. klY successor Paying Agent or Registrar shall become duly vested with all the estates, property, rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named Paying Agent or Registrar herein. Upon request of such Paying Agent or Registrar, such predecessor Paying hgent or Registrar and the Issuer shall execute and deliver an instrument transferring to such successor Paying Agent or Registrar all the estates, property, rights and powers hereunder of such predecessor Paying Agent or Registrar and such predecessor Paying Agent or Registrar shall pay over and deliver to the successor Paying Agen~ or Registrar all moneys and other assets at the time held by it hereunder. SECTION 11.24. Successor bv Merger or Consolid...a.t.i.QI1. Any corporation into which any Paying Agent or Registrar hereunder may be merged or converted or with which it may be consolidated, or any co~~oration resulting from any merger or consolidation to which any Paying Ageht or Registrar hereunder shall be a party, shall be the successor Paying Agent or Registrar under the IndEnture without the execution or filing of any paper or any further act on the part of the part ies thereto, anything in the Indenture to the cont rar,! notwithstanding. [END OF ARTICLE XI] - 75 - GTH\HA;RlS\1S784 01\11/26/96 . .-~;:- ___ __;;."""..,......._. _.,,,.;11 _".~~" ._.-.~~-"-",,L~__~. ......._.. _ ..~..."'-- 1 6G 3 ARTICLE XII ACTS OF BONDHOLDERS; EVIDENCE OF OWNERSHIP OF BONDS SECTION 12.01. A~ts of Bondholders: Evidence of ownershi~ a9~~. Any action to be taken by Bondholders may be evidenced by one or more concurrent written instruments of similar tenor signed or executed by such Bondholders in person or by an agent appointed in writing. The fact and date of the execution by any person of any such instrument may be provided by:acknowledgment before a notary public or other officer empowered to take aCKnowledgments or by an affidavit of a witness to such execution. Any action by the Owner of any Bond shall bind all future OWners of the same Bond in respect of anything done or suffered by the Issuer, Trustee, Paying Agent or Registrar in pursuance thereof. [END OF ARTICLE XII] - 76 - " ~;.~ l~ II GTH\HARRIS\15784,Ql\11/26/96 .:>':"..::,,<>..[' .i":':'3'..'>:',,,<.:< ,'..-:.,~....-,::., -;:'/,:~'. "'.:'::':":'(\~"::'~.,~.'.";,.\", ~..',,:" '; -- 1 6G 3 ARTICLE XIII AMENDMENTS AND SUPPLEMENTS ,.;..' SECTION 13.01. Amend~ents and Supplements With~ut BondholdeI~ ~~~. This Indenture and any then existing indenture supple- mental hereto may be amended or supplemented, from time to time, without the consent of the Bondholders, by a supplemental indenture authorized by a Certified Resolution of the Issuer filed with the Trustee, for one or more of the following purposes: (a) to add additional covenants of the Issuer or to surrender any righ~ or power herein conferred upon the Issuer; (b) for any purpose not inconsistent with the terms or this Indenture, or to cure any ambiguity or to cure, correct or supplement any defective provis10n (whether because of any inconsistency with any other provision hereof or otherwise) of this Indenture, in such manner as shall not impair the security hereof or thereof or adversely affect the rights and remedies of the Bondholders; (c) to provide for the execution of any and all contracts and other documents as may ~be required in order t.o effectuate the conveyance of any Project to the State, the County or any department, agency or branch thereof, or any other unit of government of the State or the County; provided, hOvJever, that the Issuer shall have caused to be delivered to the 'frustee an opinion of Bond Counsel stating that such conveyance shall not impair the security hereof or adversely affect the rights ~nd remedies of tne Bondholders; and (d) to provide for the issuance of Refunding Bonds, SECTION .~3. 02. ~r.lendrnents With Bondholders' Consent. Tr.isl", Indenture m~y be amended from time to.time as set forth belcw,~ e:xceptwith~espect to (a) the interest'for principal payable upon any Bonds, (b) the dates of maturity or redemption provisions of any Bonds, (c) this Article XIII and (d) the security provisions hereunder or under any indenture supplemental hereto, by a supplemental indenture approved by the Ownf.:t-S of at least a majority in aggregate principal amqunt of the Bonds then Outstanding; provided, however J that no amend:l1ent shall be made which adversely affects one or more but less than all Series 0f Bonds without the consent of the owners;;of at least a majorityi.n aggregate prin~ipal amount of the then Outstanding Bonds of each Series so affected, and no amendment shall be made which affeets the rights of some but less than all of the Outstanding Bonds of each Series so affected. Amendments with respect to items (al, (b), (c) and (d) of t.his Section 13.02 shall be effected only w:..:,~\ - 77 - GTH\~~R]S\157B4,Ol\jl/26/96 , I . ,":.',' .:':::,.:.~:) ">-:',:,,(,-','~':.:: '..~:: ,:: ," "":'~.;r.>', :~::"~ ',,' ":'f',;\':~':\,~'/>{:"~"",>,"~,~: ,'>,".J\ __.~ 1IIl'___..,...."'"..,..---.---.-.....-.....--.'-.......'''."'.''' 1 6G 3 the consent of Owners of all Outstanding Bonds of each Series affected by such amendments. SECTION 13.03. ~~~ Authorized to Join in Amendments and Supple.ID~nts: Rcliance on Counsel. The :,Trustee is authorized to join in the execution and delivery of any~supplemental indenture or amendment permitted by this Article XIII and in so doing may request and rely on a written opiniop of Counsel that such supplemental indenture or amendment is so permitted and has been duly authorized by the Issuer and that al~ things necessary to make it a valid and binding agreement have been done. m [END OF ARTICLE XIII) ~~ .~ i;! 1 f, F: fi ~I t~ \"; l":' I Ii: m t~' ,"'" '~~~, ~t ,( - 78 - GTH\HARRIS\15784,Ql\11/26/96 t ARTICLE XIV: DEFEASANCE SECTION 14.01. Defeasan~. When interest on, and principal or Redemption Price (as the case may bel of, the Bonds or any portion thereof t.o be defeased have been paid, or there shall have been deposit.ed with t.he Trustee or such other~escrow agent designated in a Cert.ified Resolution of the Issuer (the "Escrow Agent~) moneys sufficient, or Defeasance Securities, the principal of and interest on which, when due, together with any moneys, remaining uninvested, will provide sufficient moneys to full~.pay (i) such Bonds or por- t.ion thereof to be defeased, and (ii) any other sums payable here- under by the Issuer, the right., title and interest of t.he Trustee with respect to such Bonds or portion thereof to be defeased shall thereupon cease, the lien of the Indenture on the Pledged Revenues, and the Funds and Aecounts established under this Indenture shall be defeased and discharged, and the Trustee, on demand of the Issuer, shall release the Indenture as" to such Bonds or portio:-, thereof to be so defeased and shall execute such documents to evidence such release as may be reasonably re~lired by the Issuer and shall turn over to the Issuer or to such Person, body or authority as may be entitled to receive the same all balances remaining in any Funds and Accounts upon; the defeasance in whole of all of the Bonds. r SECTION 14.02. D~osit of F.JJ.D..ds for PaYTlliillt.. of Bonds. If tt.e Issuer deposits with the Escrow Agent moneys sufficient, o~ Defeasance Securities, the principal of and interest on which, whe~ due, together wi th any moneys remaining uninvested, will, a3 confirmed by a verification report, provide sufficient moneys to pay the principal or Redemption Price of any Bonds becoming due, either at maturity or by redemption or otherwise, together with all interest accruing thereon to the date of maturity or such prior redemption, and reimburses or causes to, be reimbursed or pays or causes to be paid the other amounts required to be reimbursed o~ paid under "Section 14.01 hereof, interest on such Bonds shall cease to accrue on such date of maturity or..prior redemption and all I iabi I i ty of the I ssuer with respect to""such Bonds shall I ikewi se cease, except as hereinafter provided; provided, however, that (al if any Bonds are to be redeemed prior to the maturity thereof, notice of the redemption thereof shall have been duly given iI, accordance with the provisions of Section 8.02 hereof, or irrevocable provision satisfactory to the Trustee shall have been duly made for the giving of such notice, and (b) in the event that any Bonds are not by their terms subject to redemption within the next succeeding sixty (60) days following a deposit of moneys with the Escrow Agent, in accordance with this Section, t.he Issuer shall have given the Eserow Agent, in form satisfactory to the Escro"'J Agent, irrevocable instructions to mail to the Owners of such Bonds ;lji ~"~ - 79 - i I :j , GTH\HARR I S \ 1578~, 01 \ 11126/96 _ ___",,,.,u..,,.__~. -~. _._-------~.....--.. -.... --_..- -~-_--~---.-...--~BiIIIli I ~" ~1 1 6G -, ) at their addresses as they appear on the Bond Register, a notice stating that a deposit in accordance with chis Section has been made with the Escrow Agent and that thef~onds to which such notiee relates are deemed to have been paid' in accordance with thlS Section and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal or Redemption Price (as the case may be) of, and interest on, said Bonds. Thereafter such Bonds shall be deemed not to be Outstanding hereunder and the Owners of such Bonds shall be restricted exclu- sively to the funds so deposited for any claim of whatsoever nature with respect to such Bonds, and the Escrow Agent shall hold such funds in trust for such Owners. Upon request of the Trustee, the Issuer shall obtain an opinion of a law firm with expertise in the field of tax-exempt municipal conds that, upon payment or provision for payment as aforesaid of the Bonds to be paid, the same s~all no longer be deemed Outstanding. i Money so deposited with the Escrow Agent which remains unclaimed three (3) years after the date payment thereof becomes due shall, upon request of the Issuer, if the Issuer is not at the time to the knowledge of the Escrow Agent in default with respect to any covenant in the Indenture or the Bonds contained, be paid to the Issuer; and the Ovmers of the Bondsr.for which the deposit was I" made shall thereafter be limited to a claim against the Issuer; . provided, however, that the Escrow Agent, before making payment to the Issuer, may, at the expense of the IS,suer, cause a notice to be published in an Authorized Newspaper,~ stating that the money r~maining unclaimed will be returned tokthe Issuer after a speci- fled date. ..\ !/!:. ~ ~J [END OF ARTICLE XIV] I i:" ~ .., f' I , - 80 - GTH\HARRISi15784 01\11/26/96 ::.,~, :' >;;. '~" '. "....' .. .:' " ~; :.' ,.... ' , ;i':: 1, :, :,~': c:';..:\": '.' .;' ,J..,;,:.", '!'\4 ll~ l!-'l:' :' t :.~.:.: 1 6G 3 ARTICLE Y:'V MISCELLANEOUS PROVISIONS SECTION 15.01. Limitations on ~course. No personal recourse shall be had for any claim based on the Indenture or the Bonds against any member of the Board of the Issuer, officer, employee or agent, past, present or future, of the Issuer or of any successor body as such, either directly or through the Issuer or any such successor body, under any constitutional provision, statute or rule of law or by the enforcement of any assessment or penalty or otherwise. The Bonds are payable solely from~the Pledged Revenues, and any other moneys held by the Trustee under the Indenture for such purpose, There shall be no other recourse under the Bonds, the Indenture or otherwise, against the Issuer or any other property now or hereafter owned by it. SECTION 15.02. Payment Dates. In any case where an Interest Payment Date or the maturity date of the Bonds or the date fixed for the redemption of any Bonds shall be other than a Business Day, then payment of interest, principal or Redemption Price need not be made on such date but may be made on the next succeeding Business Day, with the same force and effect as if made on the due date, and no interest on such payment shall accrue for the period after such due date if payment is made on such next succeeding Business Day, SECTION 15,03. Np Rights Conferred on Othprs. Nothing herein contained shall confer any right upon any Person other than the parties hereto and the Holders of the Bonds. SECTION 15.04. Illegal Provisions Disregarded. If any term of the Indenture or the Bonds or the application thereof for any reason or circumstances shall to any extent be he ld inval id or unenforceable, the remaining provisions(or the application of such terms or provisions to Persons and situations other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision hereof and thereof shall not be valid and enforced to the fullest extent permitted by law. SECTION 15.05. Substitute Notic~. ~If for any reason it shall be impossible to make duplication of ani notice required hereby in a newspaper or newspapers, then such pub.lication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. ~ ~: SECTION 15,06, Notices, Any notice, demand, direction, request or other instrument authorized or required by the Indenture to be given to or filed with the Issuer or the Trustee shall be ;. f - 81 -I GTH\HARRIS\15784.01\11/26/96 1 6G --. ) deemed to have been sufficien~ly given or filed fo~ all purposes o~ the Indenture if and wherl personally delivered and receipted for, or sent by registered United States mail, return receipt requested, addressed as follows: (a) As to the Issuer - Heritage Green3 Community Development District 10300 N.W. Eleventh Manor Coral Springs, Florida 33071 Attention: District Manager (b) As to the Trustee - First Union National Bank of Flo~ida First Ur.ion Financial Center, 14th Floor Corporate Trust Department lFL 6055] 200 South Biscayne Boulevard Miami, Florida 33131 Attention: Vivian C. Cerecedo Any of the foregoing may, by notice sent to each of the others, designate a different or additional address to ',.,.hic~l notices under the Indenture are to be sent, All documents received by the Trustee under the provisions G~ the Indenture and not required to be redelivered shi3.11 be retain,,:d 10 its possession, subject at all reasonable times to th~ inspection of the Issuer, any Consultant, any Bondholder and th0 agents and representatives thereof as evidenc2 in writing. SECTION 15.07, Controllinq Law. The Indenture shall he governed by and construed in accordance with the la'vJs of the State SECTION 15.08, .s.ucces.s.QI:s and AssigI.L~, A2.1 ::he covenants, promises and agreements in the Ir.denture contained by or on behal~ of the Issuer or by or on behalf of the Trustee shall bind and inure to the benefit of their respective successors and assigns, whether so expressed or not. SECTION l~" 09, lieadings [Qr Cor.venience~.Ly. The table 0: ccntents and descriptive headings in the Indenture are inserted fer convenience only and shall not control or affect the meaning ~~ construction of any ot the provisions hereof. SE;,(':'.I;ION 15.10. ~Qunt.et'~{irt~.'>"'~hfsif!lndentu:r'e may be executed in any 'number of counterparts, each of which when so executed and delivered shall be an original; but such counterparts shal~ together constitute but one and the same instrument. - 82 - GTH\HA~RIS\lS78~ 01\11/26/96 .. _~~."'....';~....,... .....rr-.JI'1'~-- TW -~ ~ ~ ~ -... .b....... - 1 6G 3 SECTION 15.11. ~endices and Eohibits. Any and all appendices or exhibits refer.red to in and attached to this Indenture are hereby incorporated herein and made a part hereof for all purposes, IN WITNESS WHEREOF, Heri tage Greens Communi ty Development District has caused this Indenture to be executed by the Chairman of its Board and its corporate seal to be hereunto affixed, attested by the Secretary or Assistant 5eeretary of its Board and First Union National Bank of Florida has caused this Indenture to be executed by one of its Vice Presidents and its seal to be hereunto affixed, attested by an authorized officer, all as of the day and year first above written. HERITAGE GREENS COMMtJNITY DEVELOPMENT DISTRICT [ SEAL) Attest: By: Chairman, Board of Supervisors Secretary, Board of Supervisors FIRST UNION FLORIDA, as Agent and Registrar NATIONAL Trustee, BANK 0:::- Paying [ SEAL ] By: Authorized Officer STATE OF FLORIDA S5: COUNTY OF On this day of _, 199_, before me, a notary public J..rl and for the State and County aforesaid, personally appeared and , Chairman and Secretary, respect i. vely, of-tne Board of Supervisors of Heritage Greens Community Development District, who acknowledged that they did sign the foregoing instrument as such officers, respectively, for and on behalf of Heritage Greens Community Development District; that the same is their free act and deed as such officers, respectively, and the free act and deed of Heritage - 83 - GTH\f<AAR] S \ 1 S7fY1 01 \] !! 26:96 '.' ',~....:. ",.. ::,\'. :. ,'....'. > <. .~:.,:,'. :'. "'" \., .:' " ~.':. ',; , ". , } ..' ',', . '.' ~ ',.," " .. ' , 'j', I " .... _' " . . , ,'..... " .' I ' 1 " ", ..)....~..,; .::."..\1<.::'."..:.:,'..,'...,.;.; ;:~.;' >:',:;..:-,:,...';{.( ..,":',; ::.;.,' ';.:f-';>, , :':q. '. ~-:,;>'" - 1 6G 3 Greens Community Development District; and that the seal affixed to said instrument is Development District, or produced take an oath. the seal of Heritage Greens Co~munity that the persons are persona.lly known to me as identifica~ion and did/did not IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. (Print or type name of Notary) Notary Public, State of Florida My Commission expires: (NOTARIAL SEAL) - r..4 '. GTH\~RR I S\ lS7g4 Cl \ 11 /26196 1 6G "1 STATE OF FLORIDA SS: COUNTY OF On this day of 199 ,before me, a notary publ ic in and--ror t.he St.ate and count.y-aforesaid, personally appeared Vivian Cerecedo, a vice president, of First Union National 3ank of Florida. as Trustee, who acknowledged that she did sign ;said instrument as such officers, respectively, for and on behalf of said corporation; that t.he same is her free act and deed as such officers, and the free act and deed of said corp0ration; and that the seal affixed to said instrument is the seal of sa}o corporation, who is personally known to me or produced identification and who did not take 2:1 oath. IN HITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above \oJritten. (Print or t.ype name of Not.ary) Notary Public, State of Florida My Co~mission expJ..res: [NOTARIAL SEAL] - 8 GTH\KA.RRI S\lS784 Ol\1lI26/96 I . PllV .-.oM~...-...---.-~,~................. 1 6G 3 :;XHIBI't..1\ LEGAL DESCRIPTION OF HERITAGE GREENS COMMUNITY DEVELOPME~~ DISTRICT The present boundaries of Heritage Greens Community Development Dist~ict are as follows: THE BOUNDARIES OF HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT M}\.Y BE EXPAJmSD OR CONTRACTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 190, EkORIDA ST~TuTES. 11...1 GTH'KARRlS'157~1,O!\11/2~/96 1 6G 3 EXHIBIT C (FORM OF BOt'-<u) THIS BOND HAS NOT BEEN REGISTERED UNDER THE SECt~ITIES ACT OF 1933, AS &~NDED, BASED UPON THE EXEMPTION FROM REGISTRATION AVAILABLE UNDER SECTION 3 (a) (2) THEREOF, AND MAY BE SOLD OR OTHERWISE T1UillSFERRED ONLY TO AN "INSTITUTIONAL IWlESTOR", AS SUCH TERM IS DEFINED IN ACCORDANCE WITH RULE 144A PROMULGATED BY THE UNITED STATES SEC~ITIES AND EXC~lGE COMMISSION PURSUAJIT TO 1~E SECURITES AND EXCHANGE ACT OF 1933 AND OTHERWISE IN ACCORDANCE WITH THE PROVISIONS OF THE INDENTJRE REFERRED TO BELOW. PRIOR TO TRANSFER THE PROPOSED T~~SFEREE MUST FILE WITH TI1E TRUSTEE A CERTIFICATE CONFIRMING THE STATUS OF THE TRANSFEREE AS AN INSTITUTIONAL nNESTOR. R- $ tmITED STATES OF AMERICA STATE OF FLORIDA HERITAGE GREENS COM}roNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BOND, SERIES 199 Interest Rate ~'1atur i ty Date Date of Original l.~~. % 1, , 199 Registered Owner: Principal Amount: K.l~OW ALL PERSONS BY THESE PRESENTS that Heritage Greer-.s Community Development District (the ~Issuer"). for value received. hereby promises to pay to the registered owner shown aboviO: 0"' registered assigns, on the date specified above. from the sources hereinafter mentioned, upon presentation and surrender hereof at the corporate trust office of First Union National Bank of Florida. in Miami, Florida, as paying agent (said First Union National Ban~ of Florida, Mia'-:1i, Flax': da ali%r any ba:1k or trust cO;';'.pan.:, t::> GTH\r-'N,R I S\ 1 S76J ~Ij \ i 1/25/96 ('-. 1 .;, ~~.~~""""'!II:P".......~--_\_......-......,....,.---~.--~..._........__. ~-----....._.~-----~ --- -.- GTH\fVlF.RIS\15784 Ol\lJI2S/96 EXHIBIT B DESCRIPTION OF THE PROJECT 1 6G 3 B-1 ~"'r~~h, J~..4"""""",_'I!IIPr:--.-"'V"L,"''''~~'''''''...-.r.-............~~.'''---'''-'''''' -..-.--..----- ..~-..-...~-.., ..-....-.---...-. ...--- 1 6G 3 becom~ successo!' paying age:"t being herein called the 11 Paying Agent"), the principal sum of DOLLARS ($ ) with interest thereon at the Interest Rate specified above payable semi-annually on each May 1 and November 1 while this Bond is Outstanding, commencing on May 1, 1997. Principal of this Bond is payable at the corporate trust office of First Union ::--iat ional Ba.nk of Florida. I located in Miami, Florida, in 1 awfu 1 money of the United States of America. Interest on this Bond is payable by check or draft of the Paying Agent made payable to the :egistered o\lmer and mailed to the address of the registered owne: as such name and address shall appear on the reg:st:::y books 0: tLe Issuer maintained by First Union National Ban~ of Florida, as Hegistrar (said First Union National Bank of Florida and a:-'f ~;uecessor Registrar be ing here in call ed t be "Reg is t rar ~) at t h'2 close of busi.ness on the fifteenth day of the calendar mont..:-l preceding each i.nterest payment date or the date on which tr,e principal of a Bond 15 to be paid (the ~Reccrd Date"). Such i!1terest shall be payable frOM the most reeent tnterest payment date next preceding the date of authenticau..or. hereof to whic:~ interest has been paid, unless the date of authentication hereof is a tilay 1 or a Novemrer 1 to which interest has been paid, in whieh case from the date of authentication hereof, or unless such date 0: authentication is prior to May 1, 1997, in which case from 1, 1996, or unless the d.ate of authentication hereof is between-a: Record Date and the next succeeding interest payment date, in ,^'hich case from such inter-est payrrent date. )\ny such interest not S0 p~nctually paid or duly provided for shall forthwith cease to be payahle to tr.e registered owner on such Record Date and may be paid to the person in whose name this Bond is registered at the close o~ b\lSiness on a Special Record Date for the payment of such defaulted interest to be fixed by the Paying Agent, notice whereof shall be given to Bondholders of record as of the fifth (5th) day prior to such mailii1g, at thei,r registered addresses, not less than ten (10) days prior to such Special Reeord Date, or may be paid, at any time in any other lawful manner, as more fully provided in the Indenture (defined below) REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE SIDE HEREOF l'-u'1D SUCH FUR~"'EER PFOVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF S2:- FORTH ON THE FRONT SIDE HEREOF, THE BONDS ARE LHlITED OBLIG,;TIONS OF THE ISSUER PAYABLE SOLELY OUT OF THE PLEDGED REVENUES PLEDGED THEREFOR ~mER THE I~IDENTURE N~D NEITHER THE PROPERTY, THE FULL FAITH AND CREDIT, THE Tfu~ING POVIER, NOR T:iE POWER TO LEVY lillDITIONAL NON AD VALOREM SPECIJ.~ ASSESSMENTS OF THE ISSUER, COLLIER COUNTY, FLORID,z\", THE STATE OF FLORIDA, OR ANY POLITICAL SUBDIVISION THEREOF, IS PLEDGED AS SECURITY FOR THE PAYMENT OF THE BONDS, EXCEPT THAT THE ISSUER IS OBLIGATED UNDER THE IN""'0ENTURE TO LEVY AND TO EVIDENCE A.1\ffi CERTIFY, OR CJ\USE TO BE CERTI ~'I 2D, FOR S:'O~LEC:TION, SE='EC lA_I.., ASSESSMENTS (AS DEFINED IN THE lNDSNTTJ'RE) TO SECURE Ai"lD PAY TH2 BONDS. THE BmmS GTlI\KAKRIS\lS784 01\11126/96 c- 2 _..............l''iI''..,~~-..:-'~~ ~~~......,."..w:1J.,....,.~~....~ '(,~._~:"'l~......"'twr-._~.--':~ 1 6G 3 DO NOT CONSTITUTE p~ INDEBTEDNESS OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF FLORIDA, OK ANY POLITICAL SUBDIVISION THEREO::- WITHIN THE MEANING OF fu~~ CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION. This Bond shall not be valid or become obligatory for any purpose or be ent i t led to any benef it or security under the Indenture until it shall have been authenticated by execution of the Trustee, or such other authen~icating agent as may be appointed by the Trustee under the Indenture, of the certificate of authentication endorsed hereon. IN WITNESS WHEREOF, Heritage Gr-eens Community Development District has caused this Bond to be signed .by the facsimile signature of t.he Chairman of its Board of Supervisors and a facsimile of its seal to be imprinted hereon, and attested by the fa.csimile signature of the Secretary of its Board of Supervisors, all as of the date hereof, HERITAGE GREENS CO~'mNITY DEVELOPMENT DISTRICT (SEAL) By: Chairman, Board of Super/lsors Attest: By: Secretary, Board of Supervisors GTH\HI\RRiS\15784,Ol\11/26/96 c- 3 .~--- ._.__......_---~ -- - " - --.-LMod~ ...-..-....... . 1 6G ,3 CERTIFICATE OF AUTHE~rICATIQtl This Bond is one of the Bonds delivered pursuant to the wi::hill mentio!1ed Indenture. Date of Authentication: First Union National Bank of Florida, as Trustee , By: Authorized Officer , ,~ , , ,,~~!~ ~ GTH\KlRRIS\lS78A 01\li/26/96 (-'4 --- [BaCK of Bond] 1 6G 3 This Bond is one 0: a~ a~~~o~ized issue of Bonds of Heritage Greens Community Development District, a communit.y development district duly created, established, organized and existing under Chapter 190, Florida Statutes (the Uniform Community Development Dist rict Act of 1980), as amended (the ~ Act" ) des ignated as ~Heritage Greens Community Development District Special Assessment Bonds, Series 199" (the "Bonds"), in the aggregate principal amount of Dollars ($ ) of like date, tenor and effect, except as to number, The Bonds are being issued under authority of the laws and Co~stitution of the State of Florida, including particularly the Act., for the purpose of (i) planning, financing, acquisition, constr~ction, equipping and installation of cert~in improvements pe=mitted under the Aet as authorized by the Issuer (the "?=oj ect"), (i i) making a deposi t into the Debt Service Reserve Fund in the amount of the Debt Service Reserve Requirement, (iii) funding capitalized interest, and (iv) paying the costs of issuance of the Bonds, The Bonds shall be issued as fully registered Bonds in authorized denominations, as set forth in the Indenture. The Bonds are issued under and secured by a Trust Indenture dated as of 199 , (the "Indenture"), by and bptween the Issuer and the Trustee, e:xecuted counterparts of which are on file at the corporate trust offiee of the Trustee in Miami. Florida, j t Reference is hereby made to the Indenture for the provisions, among others, with respect to the custody and application of the proceeds of the Bonds issued under the Indenture, the operation and application of the Debt Service Fund and other Funds and Accounts (each as defined in the Indenture) charged with and pledged to the payment of the principal of, premium, if any, and t:.e interest on the Bonds, the levy and the evidencing and certifying for collection, of non-ad valorem Speeial Assessments, the nature and extent of the security for the Bonds, the terms and conditions on which the Bonds are issued, the rights, duties and obligations of the Issuer and of the Trustee under the Indenture, the conditions under which such Indenture may be amended without tile consent of t he reg i stered owners of Bonds, the condi t ions undf;r which such Indenture :-nay be ame!1ded with the consent of the registered owners of a majority in aggregate principal amount of the Bonds outstanding, and as to other rights and remedies of the registered owners of the Bonds, The regis~:ered o'-'mer of this Bond shall ha'Je no right to enforce the provisions af the Indenture or to institute action to enforce the covenants therein, or to take any action with respect to any event of default under the Indenture or to inscitute. appear in or defend any suit or other proceeding with respect thereto, excepc as provided in the Indencure. Notwithstanding the fore3oi;,g. a;-,y reais~,e;-ec. ownec- 0: t:--:25 Sane shal::' !-Iave the righc. GIH\~)PR!S\ 1578~ 01\ 11/26/96 C-5 ',;<",>:: ::~< '>, .~ ~'-" ~,; < ,;" ;:.~: :':/ :': '; ~ :::. ;,'/~" :'.f t...{, $"I'~'> : ~r:':" ;,:'-?i::~' {::'-:":~;~~' :- )~ i>);":~ ',~: (;,'~ ;::t;::\.,.: . 1 6G'3 to enforee the Issuer's covenant of continuing disclosure as pe~ Section 9.33 of the Indenture, It is expressly agreed by the registe~ed owner of this Bcnd that such registered owner shall never have the right to requil:e or compel the exercise of the ad valorem taxing power of the Issuer, Coll ier County, Florida, the State of Florida or any polit .i.CCl ': subdi vis ion thereof, or taxat ion in any form of any real c: personal prope~ty of the Issuer, Collier County, Florida, the State of Florida or any political subdivision thereof, for the payment of the principal of, premium, if any, and interest on this Bond or the [T,aking of any other sinking fund and other payments provided for 1;1 the Indenture, except for Special Assessments to be assessed and levied by the Issuer as set forth in the Indenture, By the acceptance of this Bond, the registered owner hereof assents to all the provisions of the Indenture, This Bond is payable from and secured by Pledged Revenues, a~; such term is defined in the Indenture, all in the manner provided in the Indenture. The Indenture provides for the levy and tf'.'~ evidenclng and certifying, of non ad valorem assessments in the form of Special Assessments to secure and pay the Bonds. The Bonds are subjeet to redemption prior to maturity J..n tG~ amounts, at the times and in the manner provided below. All pay- ~ents of the redemption price of the Bonds shall be made on the dates specified below. If less than all the Bonds are to be redeemed, the Trustee shall select the particular Bonds or portions of Bonds to be called fer redemp'c.ion by lot. Partial redemptiol~ of: ~ Bonds shall be made in sueh manne.r that the remaining Bonds held by each Bondholder shall be in Authorized Denominations. Qptional RedemptiQn The Bonds are subject to redemption at the optior. of the Issuer in whole at any time on or after 1" or In part on any Interest. Palrment Date on or af ter--' 1, , a:. the redemption prices (expressed as percentages of principal ammmt to be redeemed) set forth belov.', pl us accrued interest to the redemption date, upon notice from the Issuer to the Trustee as set forth in the Indenture. Redemption Period JJiQth Da te..s Inc: 1 us i vel ~oemption Pr~ ,______ 1, I -- , to 31, ----- to 31, and th-ereafter \' . 1/ GTr'\HA,o,R!'S\i'i78'\ O;,1l/26/96 C-6 1 6G 3 Ma.ndatory Sinking Fund R.edem:pt...i..Qn The Bonds are subject to mandato~1 sinking fund redemption on 1 in the years and in the principal amounts set forth below at a redemption price of 100% of their principal amount plus accrued interest to the date of redemption. Such principal amounts shall be reduced as specified by the Issuer by the principal amount of any Bonds redeemed pursuant to optional rede~pticn as set fort~ above or purchased and cancelled pursuant to the provisions of the Indenture. ~ Principal Amount of Bonds to be pais.l__ Principal Amount of Bonds to P_e. Paid ~ f~~ordi~ar~d~~Y Redemption in Whole Q~i~~ I The Bonds are subj ect to extraordinary manda tory redemptiorl prior to'maturity by the Issuer in whole, on any date, or in part, on any interest payment date, at an extraordinary mandator'/ redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued to the redemption date, (i) from moneys deposi ted into Prepayment Account of the Bond Redemption Fund following the payment in full of Spec:al Assessments on any portion of the District Lands within thirty (30) days after the completion of the Project and acceptance thereof by the Issuer in accordance with the provisions of the Indenture; (ii) from moneys deposited into the Prepayment Account in the BonG Redemption Fund following the payment in full or in part of Special Assessments.on any portion of the District Lands as a result of any prepayment:" ofSpecia,.IAs.s.eS~lJ\ents .atany time subsequentito thirty (30) days after the completio~ bf the Project in accordance with the provisions of the Indenture / or as the resul t of any fore- closure, sale of tax certificate or other remedial action for non- pc't'y11ient 0f Speclal l\ssessme~ts; (iii) follO\.,;ing conderT'J1ation or the sale of any portion of the Distri~t Lands to a gove~~mental entity Ilnder threat of condemnation by such governmental entity and the pa.~:--:-,~nt 0:: r.,oneys by such gcve~r:-"?71tal enti':..y ~,c ~_r;e ;':-""ust.ee fC'~- c.e~',::; s i L into t he Fr~paY'1nen t A:::co,-.:;-, ~ In the 3'.::;r.o Rc::delopt ion Fund i L GTH\I-lJ;RRIS' ]5784 .OJ \ll/26/96 (-7 --- -. ----_ilrla--- - -_.w-'l"- ,..... -"""f~,~--~.._._-..~_ r order to effectuate such redemption; (iv) from excess moneys in the Constv~ction Fund transferred to the Prepayment Account in the BonG Redemption Fund pursuant to the Indenture after completion of the projeet, as evidenced by the certificate of the Consulting Engineer and the District Manager; and (v) from moneys, if any, on deposir in the Prepayment Accolint in the Bond Redemption Fund following the damage or destruction of all or substantially all of the Project tc such extent that I in the reasonable opinion of the Issuer, the repair and restoration thereof would not be economical or would b~' imprar:ticable; pl"ovided, however, that at least forty-five (45) days prior to such extraordinary mandatory redemption, the Issuer shall cause to be delivered to the Trustee (x) notice setting forth the redemption date specified in (v), above, and (yl a certificate of the Consulting Engineer eonfirming that the repair and restoration of the proj eet would not be economical or would be impracticable. 1 6G NQ~~e of Redemption The Trustee shall eause notice of redemption to be mailed dt lease thirty but not more than sixty days prior to the date of redemption to all registered owners of Bonds to be redeemed (as such owners appear on the bOOKS of the Registrar on the fifth (S:h) day prior to such mailing) and to certain additional parties as set forth in the Indenture; provided, however, that failure to mail a::y such notice or any defect in the notice or the mailing thereG~ shall not affect the validity of the rederrption of the Bonds {C~ which such notice was duly mailed in accordance with the Indenture, If less than all of the Bonds shall be called for redemption, th'? notice of redemption shall specify the Bonds to be redeemed. On t. he redempt ion da te I the Bonds ca II ~j for redempt ion wi II be payable at the principal corporate trust office of the Paying Agent and if moneys are available to pay principal and interest on such date interest shall cease to accr~e, s~=h Bonds shall cease to be entitled to any benefit under the Inde~ture and such Bonds shall not be deemed to be outstandin,J' unc0r the pro'.'lsions of t.he Indenture and the registered ow~ers of such Sends shall have ne rights in respect thereof exee;:;t to receive payment of tf~e redemption price thereof, For all redemptions other than mandatory sinking fund redemptions, if the amount of funds so deposited with the Trustee, or otheY-'.oJise available, is insufficient to pay t.h-2 redemption price and interest on all Bonds so calleu for redemptic~ on such date, the Trustee shall redeem and pay on such date an amount of such Bonds for which such funds are sufficient, selecting the Bonds to be ,redeemed; by lot~'j~f.rorl'f::afncmg all such Bonds called for redemption on such date, and interest on any Bonds not paid shall continue to accrue, as provided in the Indenture. The I ss~er sha 11 keep ~ooks for U:e regis t ra t ion of the Bonds at the eorporate trusL office =f the Registrar in Mia~i, Florida, GTH\r!'\.~,:m'i5784 01\]1126/96 c- 8 1 6G 3 TAE INDE1TIITffiE PLACES RESTRICTIONS ON THE TP~SFEPJ~BILITY OF THE BONDS. Subj ect to the restrict ions contained .1. n the Indenture, t h~' Bonds may be transferred or exchanged by the registered owne:- thereof in person or by his attorney duly uuthorized in writing only upon the books of the Issuer kept by t~;e Registrar and only upon surrender thereof together with a written instrument o~ transfer satisfactory to the Registrar duly ~;xecuted by the regis- tered owner or his duly authorized attorney, In all cases in which the privilege of transferring or exchanging Bones is exercised, the Issuer shall execute and the Trustee or such other authenticating agent as may be appointed by the Trustee under the Indenture shall authenticate and deliver a new Bond or Bonds in authorized form and in like aggregate principal amount in ~ccordance with the provisions of the Indenture. There shall be no charge for any such exchange or transfer of Bonds, but the Issue~ may require payment of a sum sufficient te pay any tax, fee ')r ether governmenta.l charge imposed. Neither the Issuer nor the R.egistrar shall be required (a) to transfer or exchange Bonds for a period of 15 days next preceding any selection of Bonds to be redeemed or thereafter until after the mailing of any notice of redemption; or (b) to transfer or exchange any Bond called for rede~ption in whole or in part, The Issuer, the Trustee / the Paying Ag,~nt and the Registra:- may deem and treat the person ln whose nar'H:: any Bond shall be registered upon the books kept by the Registrar as the absolute owne r thereof ('.oJhet her or not such Bond ~3ha 11 be overdue a;,.d not wi thstanding any notation of Q'..mership or ::;t, her '.oJr i t ing thereor: made by anyone other than the Issuer, the Trcslee, the Paying Agent or t he Reg i s trar) for the purpose of rece i \' if'g payment of or on account of the principal of, premium, if any. and interest on such Bond as the same becomes due, and for all otller purposes, All such payments so made to any such registered O\.Jner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum elr sums so paid, and neither the Issuer, the Trustee, the Paying Agent, nor the Registrar shall be affected by ar.y notice to the contrary. It is hereby eertified and recited that all acts, conditions and tnlngs required to exist, to happen. and to be performed, precedent to and in the issuance of this Bond exist, have happened ar.d have been performed in regular and due form and t.ime as required by the laws and Constitution of the State of Florida applicable th~reto, including particularly the Ac:, and that the issuanee of this Bond, and of the issue of the Bonds of which this Bond is one, is in full compliance ',..rith ;;:ill constitutional and statutory limitations or provisions. GTH\KAP?-IS\IS784 OI\11/25/Q6 C-9 .LJI - - ,-- -, ~"---TTV-Il_-"- ....,..'-~~lIlIf-~Jl .--........ -ml1lillaM 1 6G 3 STATF~ENT OF VALIDATION This Bond is one of a series of Bonds which were validated by judgment of the Circuit Court of t.he Twentieth ,Judicial Circuit of Florida, in and for Collier County, Florida, rendered on the 29th day of April, 1994. Chairman Secretary ABBREVIATIONS The following abbreviations, when used in the inscription or: the face of the wit.hir. Bond, shall be const:r...led as though they were written out in full according to applicable laws or regulations: TEN COM TEN ENT ,JT TEN as tenants J..n common as tenants by the entireties as Joint tenan'.::s with survivorship and not as common rights tenants of 1 ['I UNIFOR~-1 GIFT ~~IN ACT Custodian (Cust) (Minor) Under Uniform Gifts to Mi~ors Act (State) Addition~l abbreviations may also be used though not in the above list. GTH\HARRIS\lS784,Ol\11/26/96 (-10 --...- -- --...-..----.----.......-.......-- ..-...... ~ --......~ ......" ;t~___ _.......____~~ -Al---"~""""""'" 1 6G 3 ASSIGNMEIIT AND TRANSFER FOR VALUE RECEIVED the undersigned sells, assigns and trans- fers unto (please print or typewrite name and address of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints At torney to registration premises. transfer thereof, the wi thin with full Bond power for' the on of the books kept substitution in Signature Guarantee: NOTICE: Signature(s) must be guaranteed hi' a member firm of the New York Stock Exchange or a commercial bank or trust company NOTICE: The signature to this assignment must correspond with the name of the registered owner as it. appears upon the face of the within Bond in every particular, without al tera t ion or enlargement or any change wha~soever. Please insert social security or other identifying number of Assi.gnee. GTH\HARRi~:dS78J 01'.11126/96 C-ll ,'. :::~ .,../, ",:. >;,::' ':, : '. ~> . -:-..: " ~,: '>.i,~',,, ""~ '. :, :: ;'" ;', " ,~:".." "..' :'<, i'~ C):~:,.:;"(:::..~..;\" -> :..: / J' ,'.' ;'!:, ',:>~, ~l;' l..-.;, ~':,; . 1 6G '1 ..J EXHIBIT D FORM OF REQUISITION The unders igned, a Responsible Of f icer of Heri tage Greens Community Development District (the I'District~) hereby submits the following requisition for disbursement under and pursuant to the terms of the Trust Indenture between the District and First Unior: National Bank of Florida, as trustee (the "Trustee~), dated as of 1, 1996 (the ~IndentuTe~) (all capitalized terms used herein shall have the meaning ascribed to such terms in the Indenture) : (A) Requisition Number: (B) Name and address of Payee: (C) Amount Payable, including total obligation, any amount previously paid and the unpaid balance: (0) Purpose for which paid or incurred Irefer also to specific cont~act if amount 15 due and payable pursuant to a contract involving progress payments) : (E) Fund or Account and subaccount, if any, from which disbursement to be made: The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the Construction Fund or the Account or subaccount, if any, referenced above, that each disbursement set forth above ''''as incurred in connection with t,he acquisition and construction of the Project. and each repl-esents a Cost of the proj ect that is due and has not previously been paid, The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to recei ve payment of, any of the moneys pay'able to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof, GTH\fJfl.RIS\lS;84 01\11/26196 D-] 1 6G ., j The undersigned hereby further certifies that such requisitio:~ contains no item representing payment on account of any retained percentage which the District is at the date of such certificate entitled to retain and that the work to whieh the payment relates is satisfactory to the District (which satisfaction may be based upon a certificate of the Consulting Engineer) . Attached hereto are originals of the i~Jaice(s) from the vendo~ of the property acquired or services rendered .....it.h respect to whieh disbursement is hereby requested. HERIT1\GE COMMUNITY DISTRICT G,~.EEN:..~ DEVELOPMENT By: A Responsible Office:' CONSULTING ENGINEER'S APPROVAL FOR NON-COST OF ISSUANCE AND NON-CAPITALIZED INTEREST REQUESTS ONLY If this requisition is for a disbursement other than costs 0: is:3uance of the Series 1996 Bonds or payment of capitalized in~erest, or a requisition presented on the date of closing of a Series of Bonds, the undersigned Consulting Engineer hereby ce=tifies that (a) this disbursement is for a Cost of the projecr and is consistent with the applicable acquisition or construction contract for the portion of the Project with respect to which such di~obursement is being made, (b) the Consulting Engineer approves the requisition, (c) the amount requisitioned is due and unpaid, (d) that, insofar as the payment is to be made for work, material, supplies or equipment, the work has been performed and the material, supplies or equipment have been installed as part of the Project or any portion thereof or have been delivered either at the proper site or at a proper place for fabrication and are covered by the builde;:'s' risk insurance; (e) all approvals and permits [01:" acquisition, construction, reconstruction, installation and e~lipping of the Project have been obtained or can reasonably be expeeted to be obtalned in a tirr;ely fashion from aJ.l applicable Requlatory Bodies, and (f) that all work, material, supplies and equipment for 'which paYTnent is to be made are, in the signe~.' s opinion, in accordancp with the plans and specifications or duly approved change orders. CONSULTING ENGINEER By: Its, l.ili,,', GTI-!\IIAF,F:I)\JS78'1 Ol\lJ!2'i/96 0-2 ,~~_~I.,_._.~OffiJoJJw.JI'!QqIlfl3'flll'lurJ.Wft'...,."",~,~ 1 6G 5 (The remainder of this page intentionally left b!an.k) , 1 6G 3 APPENDIX D PROPOSED FORM OF OPL'lION OF BOND COUNSEL ftil'--~-- --~ --..M8fI!J"-- Ii IlIr1'----.., ,-..--- 1~---~"""'~~'~"-~ 1 6G I., ./ (This page intentionally left blank) 1 6G 3 FORM OF BOND COUNSEL OPINION SUBJECT TO CHANGE PRIOR TO CLOSINC [Date of Closing] Board of Supervisors Heritage Greens Community Development District Re: $6,000,000 HERITAGE GREENS COMIvfUNITY DE\TELOPMENT DISTRICT (Collier County, Florida) Special Assessment Bonds Series 1996 Ladies and Gentlemen: We have served as bond couJl.sel in connection with the issuance by Heritage Greens Community Development District (the "District"), a community d.;velopmcnt district created and existing pursuant to Chapter 190, Florida Statutes, as amended (the"Act"), of][.5 $6,000,000 Special Assessment Bonds, Series [996 (the "Bonds"). The Bonds arc being issued pursuant to the Constitution and Jaws of the State of Florida, a Trust Indenture dJted as of December 1,1996 (the "Indenture"), from the District to First Union National Bank of Florida (the "Trustee") and Resolution 94-4 adopted by the Bo,ud of Supervisors of the District on April 29,1994 (the "Bond Resolution"). The Bonds are teing issued in an aggregate principai amoum of $6,000,000 for the purpose of: (i) planning, financing, acquiring, constructing, equipping Clnd installing certain infnstructure improvements consisting of water, sewer, drainage and road'Nay improvements (the "Project'); (ii) funding the initial deposit to the Debt Service Reserve Fund established pursuant to , the Indentw:::; (iii) funding i 8 months of capitalized interest for the Bonds; and (iv) paying the costs of issuance of the Bonds. The Bonds are payable from and secured by spec j,iJ assessments imposed, levied and collected by the District on the property specially benefitted by the Project. We have examined the law and sllch other certified proceedings and other papers as we have deemed necessary to render this opinion. Unless the context indicated Of her wise, all terms not otherwise defined herein shall have the meaning ascribed to such terms under the Indenture. As to questIons of fact material to our opinion, we have rcli~d upon such certified pro':;eedings aT"Jd other certifications of public offici'11s fumished to us without undertaking to verify the same oy independent investigation. The District has (~ntered into certain covenants with the OY-.T.ers of the Bonds for the exact tem1S oh\,.'hich reference is made to the Indenture. 1 6G ~ BI)ard of Supervisors H,~ritage Grcens Community Development District [Date of Closing] Page 2 8ased on the foregoing, we are of the opinion that: 1. The District has been duiy estabhshed and validly exists as a cor.lmunity developmcnt district under the Act. 2. The District has the right and power under the Act to Lthori2.e, execute and dellvcr the: Indenture, and the Indenture has been duly and lawfuliy authorized, exccuted and delivered by tht: District, is in full force and effcct and is valid and binding upon the Distr:ct and enforceable in accordance with its tem1S. TI-Jc Indenture creates the valid pledge that it pt.:rports to create of the Pledged Revenues in the manner and to the extent provided in the Indenture 3. The Bonds are the valid, binding, special obligations of the District, enforceable in accordance with their terms and '-'lith the tenns of the Indenture and are entitld to the bcnefil<; of the Act as amended to the date hereof, and '.he Bonds have been (luly authorized and issued in accordal1ce with law and the Indenture. 4. The Bonds and the interest thereon are exempt from taxation Imposed by the State of Florida., including any intangible tax, except as to estate taxes, aflo taxes imrcsed by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations ol,'med by corporations, as deflncd thcrein. 5. The Internal Revenue Code of 1986, as amended (tlle "Code"), includes requircr....cnts that the District must continue to meet aftcr the issuance of the B,mds in ord-:r that interest 011 the Bonds noi be included in gross income for federal income tax purposes. The failure of the Di slnct to meet these requirements may cause interest on the Bonds tCi be included in gross income for federal income tax purposes retroactive to their date of issuance The District has covenanted in the Indenture to take the actions required by the Code in order to maintain the exclusion from gross income for fedcral income tax purposes of interest on the Bonds. The District has full legal p'J\\,"cr a:1cl authority to comply with such covenants. Under exiSting statlltes, regulations, rulings and court deci:;lons, subject to the assumption stated in the follo\.l.ing paragraph, intcrest on th~ Bonds is excludible from tr;(' gross income of thc ow;:ers thereof for federal income ~1.': pUiposes. Further:nore, interest on tnt Bonds is not an item of tax preference for purposes of the federal alternative minimum t;;x impo~;cd on individuals and corporations; hO\,,Icver, ir.terest or. the Bonds is taken into aCCOlllll in detem:ining adjusted current eamings for purposes of computing the alternative minimum t.l.'\ imp0sed '::>:1 certain corporation5. We express no opir.ion regarding other federal tax c'JllSequenccs resuJlin\,2 from the o\lmer~Jllp. i/r~ ~:'l:~ f:~t'.~'..~~ .i~:.:. /'. : <',7 ~ f~:'} ~ ~ -: '::; ':' ~ ~ .~':~. (...:' ~\:,:.~ l;_, ~~ t'~l.' "',..~ .~ ~:'~~~; i~ '~':;I:(I~~I J~ ..~~~ ~'~~t: ::' '~':""., ); ;;', ~ ~r .~ 1 ~~~'" ,<~~w:' r?~ ~~.~ - --._--~.~. - 1 ~"r .. 11I111-- ~ii. .- -UIl1.1lJJ r T -rrn-. "-..'M 1 6G 3 Board of Supervisors Heritage Greens Community Development District [Date of Closing) Page 3 receipt or accrual of interest on, or disposition of the Bonds. The Bonds have been designated by the District as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code, the interest on which may be excluded from the allocatlOn rc:quircd of certain "financial in:;titutions" under, and as defined in, Section 265(b) of the Code. Ownership of the Bonds may re!.ult in collateral federal tax consequences to certain taxpayers. We express no opinion regarding such federal tax consequences arising with respect to the Bonds. In rendering the opinion expressed above, we have assumed continuing compliance with the tax covenaI1ts referred to above that mLL<;t be met aftp.r the issuance of tile Bonds in order that interest on the Bonds not be included in gross income for federal income tax purposes. We wish to call to your attention that the Bonds do not constitute 2 debt of the District, the State of Florida or any political subdivision thereof within the meaning 0: any constitutional or statutory provision, 0. a pledge of the taxing power or the faith and credit of the District, the State of Florida or any poLtica! subdivision thereof. Neither the District, the St3:e of Florida, nor any political subdivision thereof is obligated to pay the Bonds or the interest thereon except out of the Pledged Revenues p1cc\ged therefor under the Indenture. It is to be understood that the rights of the holders of the Bonds and thc enforceability thereof may ty,: subject to bank~ptcy, insolvency, reorganization, moratunUIi1 or oti~er similar laws affecting creditors' rights heretofore or hereafter enacted ~o the extent constItutionally Jpplicable and that tht:ir enforcement may be ~ubject \0 the exercise of judicial discretion in apprupnate cases. Except as mZl:, expressly be set forth in an opinion dellver.~d by LlS to the undemTiters of the Bonds on the date II':reof (upon which only they may rely), (I) we have not been engaged or undertaken to revie\, the accuracy, completeness or sufficiency of the Official Statement or other offering material reb:tng to the Bonds and we express no opinioll rd3ting thereto, and (2) we have not been engaged C'f undertaken to review the compliance with laws of the State of Florida or the 1 6(1 3 Board of Supervisors Heritage Greens Community Development District [Date of Closing] Page 4 United States with regard to the sale or distribution of the Bonds and we express no opinion relating thereto. We have examined the form of the Bonds and, in our opinion, the form of the Bonds is regular and proper. Respectfuily submitted, GREENBERG TRA liRIG HOFFMAN LrpOFF ROSEN & QlIENTEL, P.A. _~-~-~,"'~~~~~--r..:. -- I 6G 3 APPENDIX E ASSESSMENT METHODOLOGY 16G 3 (This page intentionally left blank~ ~ ::<I~. f {.'~r~f~' f1lo1"'~~'.\: ..,.....:.\..1...~~..,.,':. ~;.... .'I'~_.\ ~I, _I.'!"J}"''': ......{..,,l..-! ~.' ..:I'ti...,',lt.....\'\.."1'.h.:... ~f.\...."........;r'-'.II,.. ......: '"'~;~~,;> .~'w~~..;:;~1.~ :.i~J: !j. ~!f,~.~./~:~':..:.:,' ~.~.. \.~~...:~. ):.~ -;II ~;'" .,~;.~, ~w "1' t; '.1;- "~:J-,', ~:.~ l ! ..~~J: '! F '.1";',.:.1. . ~ ,\~~ ..r~ ,.... ,,",,:-)) \:'I} ,~~ ~ .\' ~~ ~:; --- _ :~SHKIND &. ASSCX:V~JES (:- ['ii.l. b,~L LL l.. l"- - --..-tf!lm.~ - ....-.-..:a --~- ..-........---...........,.... 1 6G 3 ASSESSMENT METHODOLOGY FOR HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Updated November 11, 1996 1.0 Introduction 1.1 Purpose This report provides a methodology determine the amount of community development district debt to be allocated to properties within the Heritage Greens Community Development District. The report is designed to be used by the District during the course of its assessment hearings under Chapter 190, F.S. 1.2 Background As described in the report by the District's Engineer, Agnoli. Barver & Brundage, the Heritage Greens Community Development District includes 252 acres. The developer plans envision ali 01 the property developed into a golf course and approximately 529 residential units. The improvements contemplated by the District and included in the District's Engineer's Report provides infrastructure which is designed to benefit the residential portions of the District only. The District Engineer has carefully apportioned the costs for all improvements in the District between the golf course and the residential properties. The developer is paying for all costs associated with the golf course. The District is only paying for costs associated with the residential development. Therefore, the golf course is not assessed any of the costs 10r the District's improvement program. \2424 Research PorkV,.uy. Su.te 275. Orlar'do. Florida 32526 . 14(7) 382-3256 aI FAX ("1071 382.325-1 ~ '\:.1\-; :),: :> ):';~::: /.~ ~,.~;(;?~~~~~;.:: ',~";~..~:" >,\~~',:::.t;~ ~.,':' .~.;:~::~~,,> :f, '!\ ~,:~~t~/:-:'jlj':~.j:~:',;,~~:';-:':~::~:'.:,..:;. -~..:' ':-;:::~'.: .<>.!.:.~::':~ 1 6G 3 The essence of the assessment methodology is a tour step process. First, the District Engineer determines the costs for all improvememts needed for the bui!dout of the community. Second, the District Engineer divides these costs into BlOse which are roadway related (including streot lighting and other appurtenances and improvements) and those improvements which are not related to the roadways. Third, the costs for providing roadways are divided among the benefiting properties on the basis of the volume of trips that each parcel is projected to generate once it is developed. Finally, the costs for all other improvements are divided among the benefited properties in relationship to their development potential measured on the basis of equivalent dwelling units (ERUs). 2.0 Assessment Methodology 2.1 Overview The District Engineer has developed a master improvement program to support the full development of land in the District. Including inflation, these costs total $4,407,500. Based on these estimated costs, the size of the bond issue needed to generate funds to pay for these construction costs is determined, by the District's UndeN/riter to total $6,000,000. The developer has submitted a preliminary plat to the County for approval. The plat specifies the precise land uses in the District. This report shows the allocation of debt to residential land in the District based upon this preliminary plat. Once the plat is finalized there may be need for some further adjustment to the allocations shown here to reflect any changes to the final plat. The methodology for making tbese allocations is outlined below. The numerical examples provided are based upon the developer's preliminary plat. As noted above, to the extent that the final plat diHers from the preliminary submittal the allocations to individual parcels will also change. Thus, the debt allocation methodology provided below is really a process by which the District can allocate debt to particular parcels of land at the time of the final plat. The procedures also assure that debt will not buildup on undeveloped properties creating potential assessment problems. 2.2 Development Program Table 1 outlines the e:.<pected developm8nt program for the land comprising the Distric1, Tt;e program anticipa:es a mixture of predominately residential uses as well as eX1E:nsive arnenities. Table 2 provides the estimated absorption schedule for tr,e project. 2 1 6G 3 2.3 Construction Cost Estimates The District Engineer has estimated the costs of all improvements $4,407,500. Table 3 provides the breakdown by type of expense. 2.4 Bond Sizings To generate the funding needed for the proposed construction program, the District plans to issue revenue bonds. The bond size exceeds the construction estimates for a variety of reasons. Most importantly, the sizing includes the provision for up to 24 months of capitalized interest. This allows for the completion of the improvements prior to assessing properties for their payment. The bond structure is anticipated to be a 20 year term bond with level annual debt service. The interest rate is anticipated not to exceed 8.25%. 2.5 Estimates For Trips and EDUs Table 5 provides an illustration of how the allocation methodology is designed to work. This illustration is based upon the latest preliminary plat described above. As noted previously, debt related to roadways is allocated among the benefiting parcels on the b8.sis of the voluma of trips which each is projected to generate when fully developed. Since the roadways and related improvements were specifically designed to accommodate the traHic generated by the proposed land use plan, this allocation procedure is quite reasonable. It directly allocates debt to specific properties based upon the benefit that each one receives from the development of the District's roadway system. The portion of debt incurred to fund the remaining, non road related, improvemenHn the District is allocated to benefiting properties on the basis of development intensity and density. These are measure on the basis of ERUs. For each residential parcel the ERU depend upon the inverse of the density for each type of product. The Estate single-family detached units are the base and are set at 1 ERU per unit. All other residential properties are measured as the inverse of their densities compared to the single-family unit base. 2.6 D8bt Allocation In T8blo 6 debt is allocated to each type of land use dependinq upon their share of totai trips and total E RUs projected for the District at buildout. The allocations are the product of the calculat:ons In Tables 4 and 5. 3 ','fj~:' ';/;> :,~..:~ ;~': ; ~.,~,/ :':'~" ~~~. \ ~"~ :r~\: ~.'. ~~. : '1':'~ ~ :.;.:/:...~~~;. t...~. .:: :: ':,r.;.,- .:'~}:..~;f~: \.~::~~:~~;:..:\,): '~ :'..~'{~<~::~:; "t;:"~.::~ ~ ~l\:f ~ \~~~::~~.~~~: ~~: i~~'~~ __JII___ _rplli"" 1 6G .5 2.7 Tax Roll The tax roll for the District is based upon the preliminary plat submitted to Collier County. The references are to the preliminary plat for identification purposes. Note that duplex lots are allocated debt on the basis of two units per lot and coach lots are allocated debt on the basis of four units per lot. This is in accord with the preliminary plat and plans of the developer. The tax roll presented here is subject to change depending upon the outcome of the final plat. However, the methodology provided here is sufficient to allow the District to adjust the tax roll as may be needed should the final plat differ from the preliminary one. , 'it' 4 ,...---- "-._._"'-';~" --- - - ~ L .-.---~--. -~~ - 11.........- -tIIillIWliII 1 6G 3 '.....w'...'.-...'.. .. .... :.:.-:.....',:.;.:..:-:.;. '. '. ..... . ,.. ::J.'::&;~~G~i;w;;;:';:::(:,:u:,:'::':::';:'::>,:";.:<:E;::}::;i,:};i:j>:},.;.:;:::::::;':iJ;J'~.~i.:/~~.;...';..\;:;;\..::..: TA8tE1HERITAGE GREEN~"'''.u'u"' uu..uu...... ..u.....u.H {~"j~~i~~~~€~;""ifliIJWJj!i~~'~!!!I; ::.:~_/;:mi~;;::'< "':':'.~-: ";:":";'. . . . - . '.' ."':'~~'."','" :.......,. .:.~. '- .L!n1ls Alli.age Density ~WnllaLUnit.s Estate Lots 27 6.00 4.5 Execut:ve Lots 136 25.00 5.4 Villa Twin Duplex Lots 106 18.00 5.9 Coach Home Lots 80 6.00 13.3 Multifamily 180 17.00 10.6 ======== ------- _-._-~--- Total Residential 529 72.00 NMRe.sldentlal Golf Course Tracts (I 145.00 Open Space Tracts 0 1.00 Road Rights of Way 0 25.00 Preser;8 0 9.00 --------. ------- ------- -------- Total Non Residential 0 180.00 TOTJ\L 529 252 I ~. "'.5:. ..'s..u..'m. ..p..t1on. ..s..::.::;:,::.,,::."=,.... ...::;}.: ,:.,:.:;:':;'::i.:::'.O:'.':;~..:".:.:.s.:;,:.: M. ..:::::.::::::.::::..:.:..:::::.....;...;::.:::.;....:..:~ iStandard Residential Unit 4.50 Source: Engineer's Report Table 1. 11/11/96 FISHKIND & ASSOCIATES, INC. Page 1 ._...._.a..__.._.......__._..____- _,(?- -- --~ .....T'~ ~ ~&-lI"" 1 6G 3 .,.- <D OJ co a.... ~ r-.... coo Q) 0 ,.... 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CD ro CD CD CD en m CJ:J CD CD /Xl CD vv~~~w~~~~~w~~wwwww~ ~~~~~~~~~~~~r-~~~~~,__ ~~~~~aa5~a~~~s~~~a~~ (D (D C) Q) Q) Q) Q) (l) (l) Q.) IJ.l Q) Q) Q) Q) Q) Q) Q) 1) 0.1 ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~CJ)~~WW~CJ)OOCJ)~~CJ) 1 6G 3 ~ co ~ co 0)- ::2 ~ Q) Q'l (Q 0.. N ~ ,...: M ~ u:> N I() N- N lO ~ U Z ~ w ~ <' g (/) C/) <{ ~ o z 2 :r: (f) LL ...J ~ f- a .... <0 ~ ~ ..- -... ..- ..- APPENDIX F FORM OF CONTINUING DISCLOSURE AGREEMENT 1 6G 3 1 6G 3 CONTINUING DISCLOSURE AGREEMENT entered into by HER1TAGE GREENS COMMUNITY DEVELOPMENT DISTRICT AND RONTO DEVELOPMENT NAPLES, L~C. Dated as ofDe-:ember J, J 996 L-A.... ~,.......Jl"~_~",II...~.",",'JlIlIII :;"~ '-;' '4::: *.I'''~~:.. :', ,;' : I,:"~r '. .: ';.':~. '.\':'7~'::"-)'" y :'.l"'..:~tl'~f.. ~:. -,-;-- ~ ~ J ,; ...........-::~..._ .t;' ,'.,".' t...,~t.'~~~"~f'(:\:.':t."'",.~~ ..,..~"..'t,,';.~'-,:~. " < ~ t....'. ..:., .).0 '~~'"~''''' .,. ..,... ',t ~ ,j/........of' ,,!,'I:''\t4.. ~. .' 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"". it. .- 1 6G 7, Bloomberg Municipal Repository Post Office Box 840 Pnnceton, New Jersey 08542-0840 Internet address ~1UNIS@bloornberg.doc (609) 279-3200 FAX (609) 279-3235 (609) 279-5963 Contact Dave Campbell The Bond Buyer Secondary Market Disclosure 395 Hudson Street, 3rd Floor New York, !,l~'N York 10014 Internet address Disclosure@mullcr com (212) 807-3814 F A.X (212) 989-9282 Contact Thomas Garske Disclosure, Jne Document Augmentation/N1unicipal Securities 5161 River Road Cethesda, Maryland 20816 (301) 951-1450 FAX (301) 718-2329 Contact Barry Sugarman (301) 215-6015 JJ Kenny Information Services The Repository 65 Broadway/16th Floor New York, New YOlk 10006 (212) 770-4568 FAX (212) 797-7994 Contact Joan Horai, Reposiwry Moody's NRl',,1SIR Public Finance Info:mation Center 99 Church Street New York, New York 10007-279f> (800) 339-6306 FAX (212) 553-1460 Contact Claut.1ett e Stephenson (212) 553-0345 F-2 ~ 6G 3 R R Donnelly Financial Attention Municipal Securities Disclosure Archive 5 59 ~,1ain Street Hudson, Massachusetts 01749 (800) 580-3670 (212) 553-1460 "Participating Underwriter" shall mean William R Hough & Co" Naples, Florida, and any other undervmter of the Bonds required to comply with the Rule in connection with offering of the Bonds "Quarterly Repor1" shall mean any Quarterly Report pro";Lded by the District pursuant to, and as desc,ibed in, Sections 5 and 6 of this Disclosure Agreement "Repository" or "Repositories" shall mean each National Repository and each State ReposItory "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amer.cled from time to time "State Repository" shall mean any public or pn\late reposItory or entity, if any, designated by the State as a state repositOl)' for the purposes of the Rule "Tax-exempt" shall mean that interest on the Bomh is excluded from gross income for federal income tax purposes, whether or not such interest is includabk as an item of tax prefercnce or otherv.;se includable directly or indirectly for purposes of calculating any other tax liability, including any alternative mmimum tax or environmental tax Unless ot~erv.;se defined herein, all capitalizcd terms used in this Disclosure Agreement shall have the definitions set forth in the Ir.denrure SECTION 3. r..roYisiQlLQL'\n.o~~.QI1S (a) The Dist~:ct and the Primary Developer shaP, or shall cause the Dis~;erni.nariol1 Agent to, not ldter than August: of each year, cornmencing AlIgu5~ 1, 19q7 (the "Repository Delivery Date"), deliver to e:1ch Repository an Annual Report which is consist-;;r,t \Vlth the requirements of Section 4 of this Di:>closurc Agreement Not later than fifte~n (15) Business Days prior to said date, the District shall provide the Annual Report to the Dissemination Agent (if the District is not the D1S!)ernimtion Agent) In each case, the. Annual Report may be submitted as a si'1glc document or as separate documents comprising a package, and may cross..reference other jJlfonnalion as provided in Sec:i(ln 4 of this Disclosure Agreement; prmick..d that the audited financial sr.atemcnts Ciftne District may he suhmitted separately from the balance of the Annu:ll Repon. :() F.3 . ....1. '~.,,: ;..".:.......,,' 'I. .:....../~ ~..;r.~:.-,:... ... ..,... . ..'. . ....... ~ " .......,. " , __.""""M'__"'__ ..... ... _,._...............,..""",_'.~JIlllij_ ! I i 1 6G 3 (b) ] f. on or before the fifteenth (] 5th) Business DaJprior to the Repository Delivery Date, the Dissemination Agent has not received a copy of the ~nual Report, then the Dissemination Agent shall contact the District and the Trustee to determine if the District is In compiiance with Subsection 3(a) hereof I (c) If the Dissemination Agent is unable to verify that an,Annual Report has "een provided to the Repositories by the date required in Subsection 3(a) hereof, then the Dissemination Agent shall send a notice to each Repository in substantial1y the form as E-khibit A attached hereto I (d) The Dissemination Al2.cnt shall: (i) during the term of this Disclosure Agreement, determine the name and address of each Repository prior to the Repository Delivery Date! and 1 (ii) file 'with the District (and the Trustee, if the Tru~tee is not the Dissemination Agent) a report certifying (A) that the Annual RepQrt has been delivered to the Repositories pursuant to this Disclosure Agreement, (B) the date that the Annual Report was delivered to the Repositories, and (C) listing all the Reposito~es to which the Annual Report was provided I SECTION 4. Content of Annual Reports (a) The Annual Report shall contain or incorporate by reference the following \ i (i) the audited financial statements of the District for the immediately preceding Fiscal Year, prepared in accordance v.,:ith generally accepted accounting principles 'applicable to operations of the District, as same may be modified from time to time by Florida statutory requirements and the governmental accounting standards promulgated by the Government Accdunting Standards Board (the" Audit"); and I (ii) an update of the follov,1ng financial information and, operating data: I (A) Account and Fund balances of the Trust Estate ! , (B) assessed value of lands upon which Assessments securing the Bonds (;Ire le.vied, provided, however, that ~he District may rely upon the records of the County Property Appraiser for 1 such information, j I , i the amount of Assessments certified by the District to the Tax Collector for the immediately preceding calendar year the amount of Assessments collected for thtnor year; F-4 (C) (D) -.-.- ""- --.' ---"-----.--~.-- ----.----.-..'---.---..-- 1 6G ":( ./ (E) the amount of delinquent Assessments by Product Type ( "Product Type" being defined as Villa, Executive, Estate, Coach and multifamily) by number of each Product Type and , . dol1ar amount);' (F) the dollar amount of certificates sold; (G) debt service schedule for the rema:ring term of the Series 1996 Bo"ds l i (b) The District shall be solely responsible for the content of any reports or notices (or any p0l1ion thereof) provided to the Dj~semination Agent pursuant to the terms hereof; provided. however, that the District shall ~ relying on do-...llmentation provided to it by the Trustee with respc;:t to the payment date statements The Dissemination Agent shall not be responsible for reviewing or verifYing the accuracy or completeness of any such reports and notices and shall be indemnified under Section 4 hereof against any and all claims, damages, losses, liabilities, costs and expenses whatsoever (including at1orneys' fees and expenses) incurred or suffered by the Dissemination Agent as a resuli of the Dissemination Agent's making public any such materials or notice,S in accordance with th!s Agreement , SECTION 5 Obligati.QJ.1LQfPrimaJ")' DevelQpt[ The Plimary Developer agrees to pro.;de, or as long as the Primary Developer or any related entity of the Primary Developer or any successors or assIgns to the Primary Developer owns twenty-five percent (25%) or more of the real propeny encumbered by the special assessments that secure the Series] 996 Bonds to the District and the Owners on a quanerly basis commencing February I, 1997 and on each February i. May 1, August I and November 1 thereafter while the Bonds are outstanding the following information (a) Project For all benefitted and assessable land wnhin the District benefitted by the . Estimation of total number of units of eachl Product Type upon full , build-out : ~ Number of units of each Product T"pe taken dO\'iT1 by US Home (the "D I ") ., eve 0per , I f l . .. Number of units of each Producl Type as ,to w~ich title has been transfer/ed to persons or entities orf,er than the Developer (hereinafter refef[ed as "Non-Builders") ( .. Number of units of each Product TY';Je L:nder contract to Non-Builders I I ! F-5 1 6G 3 * Number of units of each Product Type (whether or not occupied) for which cenificates of occupancy h,avc been issued (hereinafter referred to as "Completed Units"). ' I I Number of Completed Units of each Prodcut Type owned by Non- Builders. l Number of Completed Units of each Product Type for sale by Developer * * * " Number of Completed Units by Product Type for sale by Non-Builders (as disclosed by MIS listing) (b) Materially adverse changes or determinations to permitsJapprovals for the Development which necessitate changes to the Primary Developer's land-use plans. (c) Updated plan of finance (e g., status of any credit enhancement, issuance of additional bonds to complete project, draw on credit line of Primary Developer, etc ) SECTION 6. Reporting of Significant Events (a) This Section 6 shall govern the giving of notices of the occurrence of any of the following events (the "Listed Events"). I , Delinquency in pa)ment when due of any p~cipal of or interest on the Bonds; 2 Occurrence of any Even! of Default under and as defined in the Indenture (other than as described in clause 1 ofSubsectlon 6(a) abo.....e); 3 Amendment to the lndentuJe or tr~s Disclos~re Agreement modifying the rights of the Bondholders; , I 4 Giving a notice or optional 'or unscheduled r~dcmption of any Bonds. I 5 Defeasance of the Bonds o~ any portion thereo( i 6 Any change in cny rating of the Bonds;! 7. (A). R,eceipt o~ an opinion of nation!111y ,~eCOgnizt:d bond counsel to the effect thatiI:l~eresl o~, t,9$i~PpJ;15, isnot,Jax~exympt ,OF< t' F-6 -- ---...------ ...., ~..... 1110.. _-....... .- i \ \ 1 6G 3 (B) Any event adversely affecting the tax-exempt status of the Bonds, including but not limited to I (i) Any audit, investigation or other challenge of the tax-exempt status of the Bonds by the Internal Revenue Service or in any adrninistrativc or judicial proceeding; or ! (ii) The issuance of any regulation., decision or other officjaJ pronouncement by the Internal Revenue Service or other official tax authority or by any court adversely affecting the tax-exempt status of the Bonds or bonds of the same type as the bonds or financing structures of the same type as financed by the Bonds: 8. Any unscheduled draw on the Reserve Fund reflecting financial difficulties; or 9 The release, substitution or sale of property securing repayment of the Bonds (including property leased, mortgaged or pledged as such security). (b) The Dissemination Agent shall, within one (1) Business Day of obtaining actual knowledge of the occurrence of any of the Listed Events (except thel.isted Events described in clauses 1, 4 or 5 of Subsection 6(a) hereof), notify the Disclosure Representative in writing of the occurrence of a Listed Event and request that the District promptly direct the Dissemination Agent in writing whether to report the Listed Event pursuar1t to Subsection 6(f) hereof , (c) Whenever the District obtains knowledge of the occurrence of a Listed Event, whether because of a notice from the Dissemination Agent pursuant to Subsection 6(b) or otherwise, the District shall, as soon as possible, determine whether such Listed Event constitutes material information for the Bondholders, llliL~d-1lliu, in ar1Y event, the occurrence of a Listed Event described in clause 6 of Subsection 6(a) ',.llill aiways be deemed to be material information for the Bondholders I .\ I (d) If the District determines that the occurrence of a Listed Event constitutes matcnal information for Bondholders, then the District shall promptly notify the Dissemination Agent of s\lch occurrence in writing Such l1oti:e sh;:lil instruct the Dissemination Agent to report tne occurrence of the Listed Event pursuant to Subs:ection 6(t). ; I I (e) If, in response to a req:Jest under Subse<.1.ion 6(b), the District determines that the Listed Event does not constItute material information for the Bondholders, then the District :;hall 50 noti,f:" the Dissemination ,'\gert in VvTitmg and instruct the Dissemination Ager,t not to report the Listed Event pursuant to Subsection 6(f) hereof ! i , ,~ F-7 1 6G ~ .-/ IN WITNESS WHEREOF, thc parties have executed and :delivered Agreemcnt as of the date first indicated above, I I l, , F-lO this Disclosure "District" HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT \ ! I , By: Chairman, Board of Supervisors I ; "Primary Developer" I I RONTO DEVELOPMENT NAPLES, me. I By: Narne Title I I I I 1 I 1 6G ~ Exhibit A NOTICE TO REPOSITORlES OF FAILURE TO FILE ANNUAL REPORT Name of District: i ! Heritage Greens Community Development District Name of Bond Issue: $6,000,000 Special Assessment Bonds, Series 1996 Date of Issuance: December 1, 1996 NOTICE IS HEREBY GIVEN that the District has not provided an Annual Report with respect to the above-named Bonds as required by the Continuing Disclosure Agreement among the District and the Primary Developer, dated as of December 1, 1996 The District anticipates that the Annual Report will be filed by Dated. DISSEMINA nON AGENT By_ cc District T nlstee ':.> " {ll~.: t<~>i\) "1',",'" 1,.,j::' I ~ A-l ~AMI1""'~'(,;rsf. . " . . . :. " : '''. 1 .'. :' ," I...... .. I : . ~ .: . ... 1 6G 3 (This page intentionally left blank) ~r-'.,""""''''''---'-~--- ---._.--, EXHIBIT F CO~rINUING DISCLOSURE AGREEMENT 1 6G 3 See Appendix F to the Limited Offering Memorandum 17 ! 1 , -------_._-~--_...._.,- ---- ---.-. , . " ," ~ ~ .. 'l~ :. '. , ' 1 _ './- l~, ;' ~'~ ... 1 6G ., EXHIBIT G IMPROVEMENf ACQUISITION AGREEMEIIT 18 1 6G 3 IMPROVEMENT ACQUISITION AGREEMENT: ! This Improvement Acquisition Agreement ("Agreement") is entered into as of thi~ _ d yof ] anuar,.. \ 997 by and between the fjecitage Geeen' Com 10 un ity Developmeot District ("D i,triet") ",d He'tag, Greens Development Limited Partnership, a Delaware limited partnciship ("Dcveioper"). WITNESSETH WHEREAS, the District was created for the purpose of delivering certain COffim ity development services and facilities within its jurisdiction, such services and facilities to incl de a water distribution and related facilities, a roadway and street lighting system and related facilIties, a sewage collection and u'ansmission system and related facilities. a water management and rnlage control system and related facilities. (such systems and facilities. and other improvements wiu! the District. all being more specifically described in the Report of Agnoli. Barber & Brundage.lnc., Con sui t 109 Engineers for thc Di stri c t dated No vem ber, 1996, as su ppl emented ( the "Pro j ect")t and WHEREAS, the District believes that it is necessary and desirable, and in the best interests of tile DIstrict and its inhabitants. to acquire and construct the Project in order to improve the htlth and general welfare of the residents of the District; and WHEREAS, the District desires to acquire from the Developer, and the Developer desires to c nye: to the District, on the tenns and conditions set forth herein, the Developer's rights or interest the improvements described in Exhibit "A" attached hereto ('"Improvements"); and 'WHEREAS, in order to operate a.nd maintain the Improvements and to a.cquire, cons ct, operat;~ and maintain the other portions of t.he Project, the District will require the Develope wnvcy to the District all light. title, and inter;?st in the I~prov.:ments, (ii) to assign or oth ' " '. . i' IJ ") convey to the District all existing reservations made to the Developer of road rights of ay. maintenance buffer easements, lake maintenance easements, water management tracts, drai age easements, sewer easements, ingress and egress easements, and like e:ls(~ments and rig.hts-of. av structures, and improvements that in the future shall constitute or he necessary to construct, op within the District, and (iii) to conveyor dedicate to the District all casements, tracts, rights-of- and maintain the Project; and WHEREAS, the District proposes to issue it:; Heritage Greens Community Development Oi trict Special Assessment Bonds, Series 1997 (the "Bonds"), to finance the cost of acquisition of the Develo er' 'i rights or interest in tlie Improveme:1ts and to finance the acquisition arid construction of the remainder ofth:; Project, pursuant to the Trust Indenture between the District and First Union National Bank of Flori! as Trustee ("indenture"); and WHEREAS, the Consulting Engineer, as that term is defined in Article I of the lnde turc ("Engineer"). has verified that the cost of the Improvements to be transfelTcd to the District by the Oeve oper pursuant to this Agreement is less than the lower of (i) the Engineer's estimated actu31 cost of uch Improvements, and (ii) the Engineer's estimated faIr market value of such Improvements. NOW, THEREFORE. in consideration oftne mutual covenants herein contained, and for Te and noli OOths ($10.00) Dollars and other good and valuable consideration, receipt of which is h by acknowledged. and subject to the terms and conditions hereof, the parties agree as follows: 1, Conveyance of Improvements The Developer shall convey at closing by dedication, deed, bili of sale or other appro. ate form of conveyance, any and all of the Developer's rights in the Improvements. All said instnlme of conveYJT',((' shall be in form accq:1l3bk to the District. The parties acknowiedge and agree that certain po ons j of the I rn provernents havt" been constnlcted in rights-of-way, uti lit:. easements, common areas or eas previously dedicated to the District (lnd that, therefore. :-uch portions of the improvements may be subj t to ') 1 6G 3 certain rights and interests of other governmental bodies, public entities, other quasi-public organizations or the District. Accordingly, the Developer's rights or interest in such portions of the improvements ma be conveyed by the Developer to the District, subject to such other rights and interests. 2. Plans and Specifications. At least one day prior to the Closing Date, the Developer sha! I provide the District v.;th el: sets of any and all Plans and Specifications applicable to the Improvements. 3. Engineering Certification. f Before payment by the District for the Improvements and any other portions of the Project the i Developer shall provide the District with a certificate, signed by the Engllleer, certifying (i) that the am Ulll to be paid to the Developer for the !mprovements or other portions of the Project is equal to or is less th tht' lower of (a) the actual cost paid by the Developer of acquiring, constructing, and installing such (m pmvem enlS i hosed upon represen tat ions of the Dove loper). and (b) th c En g ;neer' 5 est; m ated fa;, m~kel value of such Improvements. (ii) lh:lt the Improvements or other portions of the Project for which pa}me~t is to be made are part of the Project, (i i i) that the Improvements or other portions of the Project transferrJ to the District have been installed or constructed in substantial conformity with the Plans and Specifications Ld applicable laws governing the installation or construction of the same, and (iv) that all currently reqUited approvals and permits for acquisition, construction, reconstruction, installation and equipping of c Project or any portion thereof have been obtained or can reasonably be expccted to bc obtained all applicable regulatory bodies.. 4. Payment for Improvements. !n ar.cordar.ce wit\-] th~ ternlS of the Indenture, the Distric: shall pay to the Dt~\eloper as t payment for ali the Dcvelorcr's rights or ;nt(:rest in the Improvements One Million Four Hundred Toous d Doliars (S i ,-100,00000). The payment of the pun:hase price shaIJ occur in three inst<l!lments, the firs at 3 1 JG dos,ng, Iho <ooond ,fi" the comp'",on oflh, Pmj'" ,nd "'oplanco tb"eofby the D,s"'ct and Iho IhJon, 3 year thereafter \\hen the District has given its Final Acccpt:wce as defined In the Construction and ivtaintenance Agreement. At Closing. Upon certification by the District Engineer that the Improvements conveyed for Wreh the Engineer has had the opportunity to inspect have been installed or constructed in substantial COnfOjity with the approved plans and specifications and in cor.fonnancc with all applicable rules, regulations. laws, ordin3nces and all pennits and approvals, and that those Improvements are valued and cost (which c1st is certified by th',; Developer) no less than Eight Hundred Fifty Thollsand Dollars, the District shall diree the Trustee to pay the Developer from the Bond proceeds at closing, Eight Hundred FiftyThousand Do Jars ($850,000) Upon Completion of Project. Upon the certification from the District Engineer that (irhe remaining Improvements conveyed by the Developer have been installed or constructed in substaptial conformity with the 3pprovcd plar,s and specifications and in conformanu; with all applicable Jles, regulations, laws, ordinances and all perm its and approvals, (ii) that said Improvements are valued and lost (which cost is certified by the Developer) no less than the amount to be paid to the Dc\t:loper in 'hiS installment and (iii) that the c(Jnstruction of the Project has been completed and accepted hy the Di'itrict. foregoing, in the ev~nt :hat there are I:ot sufficient f\:nds in the ConstructlGn Fund to pay any portion 0 the Djslnc:l 5ha!l dJr~u lhc Tr:J~I!:!: 10 pay thc DC'.Icl(j(,cf [ht sC'cond iw,I/1.!lr:taJ!. If,~iA(rlw(d (If "I"f!KIi is dCll'nninnl as follow,;' '[11C ilm,'llnt of Ihi.'i instilllment of the purchil~t' prICe ~h:l11.qIJilllhi11 .1fIlOtHll W ,.<'1'::1 .1.;,;.:J (,) (,"'<: .1:Tl\!unl pJIJ [he Dl:'vdoper at CIO-;Ir.~ I S851).l)lJi),I)I)) :JIIJ$ the amount mJ.! !:5 :0 be r by thcTrustec in accordance with the Construction and 1\taintcnance Agreement between the Distric Developer and Collier County, Florida (ie $23\.065,00), equals the Purchase Price Notwithstandin installment of the purchase price, then l~is inslallmcfit of the purchase price shall be r~dlJccd to equa the amount rernaining in the Construction Fund that is not being held in accordance with the Construction nd 4 ~____~_~~_....~..lIfl,..,.-,..- ~""",,~~~Ir"~'~"" .~~,....__ ..,.~.._~_u___..~ , r 1 '6G 3 Maintenance Agreement. \ Upon "Final Acceptance". The remaining balance of the purchase price shall be paid by the T1tcc to the Developer at the direction of the Di$trict upon "Final Acceptance" (as defined by the Construction and Maintenance Agreement) of the Project from funds remaining in the Construction r und in the Trust Inden re, In the event that there are not sufficient funds in the Construction Fund to pay any portion of the pure price, then the purchase price shall be reduced so that the paIment of the amount remaining in the Constru tion Fund sha! I fully satisfy the District's obligation to the Developer and the Developer shall havt~ no further right to any additional payment for the [mprovements. TIle acquisition of the Developer's rights or interest i peTti on or all of the Improvements by the District and District"s payment f()r same shill! be in accordance the terms of this Agreement and of the Indenture, which Indenture is specifically incorporated herei reference and made a part hereof 5, Condition of Improvements; Warrant'/. At the time of conveyance by the Developer of the Ue"eloper's fIghts or il,terest in the t Improvements as provided in paragraph 1 above, the Improvements being conveyed shall be in good condiiion, reasonably free from defects, as determined by the District's Engineer~ and Developer shall furnish Diftrict with, warranty, in a fonn amptable to the Dist,,", gua<anteeing ",d Imp,"veme"ts against defl in materials, equipment or construction for a period of one (1) year from the date Gf conveyance, 6. Specific Performance, In the event of the Developer's default under this Agreement, the parties a~rec as t the absence of adequate remerJies at iaw; therefore, the District shall have, in addition to such rights and rem. les as provided by general <'pplicatirm of iaw, the right to obtain specif;.:: performance of the Develo r's obligations hercunder. 7. Waivers. ^ny failure by any part to this Agre':mcnt to comply with any of its 'Jbligations. agree nts 5 -_..~",.,"~,--- 1 6G or covenants may be waived in writing by either party, 8. Amendment. parties, lllis Agreement cannot be amended or terminated orally but only in writing executed by both I This Agreement is made and shall be construed under the laws of the State of Florida. 9. Applicable Law, 10. Further Assurances, At 'ny and all tim", th, Develuper shall, so fcc "' it may b, authorized by la" m,k" do. execute, acknowledge and deliver, all and every other further acts, deeds, con'v'cyances, assignments, transfers and assurances as may be necessary or desirable, as determ ired by the District, for the bettL as~;uring, conveying, granting, assigning and confirming of any and all rights of interest in the Improvemenr wh ieh are intended or required to be acquired by or conveyed to the Distr;(:t as contemplated by the IndentUre and this Agreement. \ L ! 6 written, ATTEST: ATTEST: 1 6G 3' . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of tile date first above 1 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT \ By: James R. Reinders, Chairman HERITAGE GREENS DEVELOPMENT \ LIl\'UTED PARTNERSHIP Ronto Developments Naples, Inc., General Partner By: , President (CORPORATE SEAL) .;, 'I. 7 Aa&~ 1- -- - 1l7" --- ~---,--_. ~~._-_... .. EXHIBIT H CONSTRUCTION AND MAINTENANCE AGREEMENT ;ii, 19 16G 3 , \ I t t ~. " L :1 12/2.U9G 10:53 1 813 3943156 T~ RaHQ GRO...P CF CcrPAN 1 ES 1 '3el4 681 02'\:r7 , 1'(J,739 Dec, 23 1'3% 05:8 1 6G 3 , FROM : Panasoni~ FAX SYSTEM Pl-Q--lE t-<l. : CONSTIUJC"TION AND MAINTENANCE AGltEE1\'IENT OF SUBUIVISION IMPROVEMENTS Fon COMMUNITY OEVELOI'MENT DISTillers , 11115 CUNSTRUCIION AND MAINTENANCE AGREEMENT or SUBDIVISION IMPROVElvfENTS FOP COr-.1MUNITY DEVELOPMENT DISTRICTS (lhie; ~Agrecmcnl~) is elllereu ill10111ls H__~' day or .~::'l!' "'r~1f::;. . 199~_ h;t nllJ llolOllg , HERITAGE GI~[F.NS COrv\f\lUNlTY DEVELOPMENT DISTRICT,!l1l illdcrcl1d~1I1 :speei:d district <1111..1 beLly rulilic 01 tile SI:lle of Florida (the "District"), P,ONTO Dr: Vf::.LOPMENl' OF I ~^PL~~. INC. lll~,(-Ue.vd(lpcr") ;111d tile rH)^RD Or: COUNTY CUMMISSIONERS Of COl.L1eR COtJN I Y, r-1.0RIL>A (the "OonrJ"). ., R Eel T ^ L S: A. SilllUllUIle0usly herewith, the Developer hus applied for 130ard f\ppn.:1val of the that Ccrln!lI pll!! urlhe ~lIbdivisioll 10 be klloWI\..s llerilC1ge GrlZctls (the "1'1,,1") I Il, 1k;Jsillll 1 2 of Ihe Collil'( Coullly Unified LI11ld Devclopnlcld Coue (Ihe "Codc") rcquirC3 III;:! Di:'llflcl :llld the Del/eloper 10 provide cert.ai" ~ui1(nn!<:c~. 10 the Gourd ill ClllillC\:livlI wilh thc cOlIslrllcliol1 uf Ih~ improvcmcnt~ rcqu!(cJ by Ih~ Plul. C. 'the Dislricl umlthc DI.:\'clopi!r d~si(c 10 proviJe the required gt!.lf.:\lIlees to (Ik: [JoaN I l1crchy. NOW T1IEIUTOHE. ill COl1siu<.:rolion o[tlu: [orc\loillg rrcmises ;\nJ the lI\utunl , I.;UWII::mIS I1crcll1;dkr sel lorlll, Iile Dl~tricl. Ihe D~vdoper unu the DOHrLl dl) 1\I_:rcby covenanl :lI\J :Il!rct.: as \01 hl\v~: I QllitA II Y E CHOYISIONS: 1. R1..mllH:u fiJillLUi.nu~.ill..s Tlte Distl H.:t will couse 10 be conslrllcll.:J. willer, ,ewcr, tlrnlllllgl: llnd IllluJWll)" fnfnu{ru\:lurc ilK r('(tull~(j UI1IJ shown 011 Iile llerit:.tJ;~ GrcclIs ClItl"h"uc!ioll 1'11111 H't, ~XC(!pt thoU' Impt'()\"C'n!(!nh within thl' ~olr ('ounc, (collectively, \hc "Required IllIl'ruvelllt'11IS") SllbJec( 10 Pnr:ll,;r.Jph J hereof. the rZcqulrr.:d Ill1prOV~nlCIlIS win be cOllstructed willlill 1I1irty-~ix (li>! 11I01llhs frOIl1 the d:llC Ihnllhc Board ;IPfHOVI:S the PI;)!. 1 2. Scc~rl1x.J~L1k~,g ImptQ'i~ments. A construction ('LInd (lhe' "Conslruction l-und") hw, been eSlohlisheu by resolution of the Dislrlct ndopted QIl ~~_. 199. (th<: "T3ond r~csolutioll") 110111 which the:: cosl of construction of Ihe Required Improvelllenl~'hall be rnid, The Comlruclien rund shull be held in the cU3tody' of C1 1xmd tru3tc:e (the "Tru~tC'e,), Procel'ds ot' IX)IIJs :llllhorjzcd to be issued by lhe Dis!r1et PUflltJUlIt (0 the Bond Rcsolutloll ( e "UOIlJ,") "hilll be: d>:POS;ic-d, Q{ 0 minimum, in lhe Conslruction Fund nod follows; S.f:1!~~I_ )~ ror costs. of (he Required Improv~menl' (the: "Construcllon Am()unt~) and ~~~~'ENI"'W-. ~~ ---- -..,..~......'-._~ --.- ......,-~,...- __,..-~ ._"" _,{..~~~_.~~.,"]lII"""......., -+ --- ~ -- ...---- '.IIM ~T- ~ -----*"'MeII\K -' --.~lnll~ - 12/2,-U9b 1 81] J:J~J1',)b THE RO'HO GRUJP OF COMPAtllES. 904 581 02C7 ,l ~fJ, 7]9 Dec, 19% 1:35;10: 1 1 6G 10:53 FROM: Pana:;onlc FA^ SYSTEM PHONE ~J(), : s~~~_~~_ representil1i ten percent ( 10%) of lhe Conetr1Jclion Amount (the "R-:servc Amoulll") The Reserve A.noullt sholl be retained as Q reserve in the Comlru<.:tlon Fund pU~UIUH (0 Paragraph 5/hercof. III lldditioll to 1Il<e foregoing, proceeds of the Bomh sha!ll>c rctllilled l1S a "Rc:lervc Amoulll") The R.cserv(: Amollnt shAll h.e dep03iled wilh IlK: 'fruslcc 10 be held u capitali7.ed interest anJ which, t()~ether with illtere~t eo..rned on the BOlld procecJs deposite~ ill the Con~rUl\J, shillllJr: liumcient to pny intercst olllhc Bonds dUrll1g'lhe ~ ---_, rJ!JlTlonth period followi:lllthc iSSUJllcC lh~rcof. III additiQll, proceeds of the l30fHh shnll bt' dCp0SilCd within the Tru'llee ill the Debt Service l~c3er"V<: ^ccounl cSIJbllslleJ b) IIle E30nd Re~ollltllJll in a.n anlOunt sufficient to pay nrrruxillu'c1y +wel It; (/1- ) months of nebt servicc. 011 the Bonds Toere shall be sU(fiCIClll 1110111(:'; ill the con51rllctiuII fUlld 10 COIlSlrllct the required impwvcmeni3 and ill! other il!li'rov~n1t:llls authorized h) ll1e nVlld Resolution, n, well .JS 10 rUlld lhe Re:\(:rve ^lllUUIII. J G.1Jl~lr LI,tlol\ oLB.~!UULt..,L!1..np[Pvemel\ts, (a) Annexed herelo Dnd made fl p:ut hereof 0$ Exhibit A is a CUll~tru(.tion Sl.:hcdu1t: relaliil[.!IO the Rt"qllil(:d 11l1pro\.clllelll~ (the "CoI15trlJCli~11 Sc~cdule"). The Dlsl,ri\:t ~holl C(lr~ll1\t'IICC COiI3InlC\lUr1 nrthc ReqUIred IlllprOYCrnellts wll!llll c..~~Q_J d...ys folloWllI1:; WI jUtll Uii\S!rllcrjOi\ nrrrovJlto till: District frOIll Ih~ DcvclufimCl\t Serviu:s Depar!r\lC11I "nu lht.:: i~~lI"IICC. s.lie :lI\O delivery of the Oonds (IlIl.: "Commencement Period"). The Distrit:l wjll PUfSU:.: constrUl.:tion of the Required Il1lprOVCl1lCIlte 10 SubstOIllilll complelion within, 74) eL.,;e..___ (/'2- ) mOllths followilll; lhe 1.:11d of [he CUlllll1CnCcrncnt PeriuJ (Ihe "COlls((ucliorl Period"), (b) In lhe event the Distril;\ f:Jilslo: (i) commence cunslruction of the I~cq\ljrcd IllIprnVClllcnts withill the COnll11CnCCnlCflt Pcri()d; or (ii) SUb3111111lully complete C{ll1slrUI,;(iOIl of the 1{(''llllCCO I n1rrovement3 prior to (he cxpirulion of (Il(~ Cilllslrucliun Period. lIron wrillc:\ 110II(C tv Dcveluper by the Bo;]rd, Oc\'c1opcr shull ill1l11cdiatcly become rcsronsibk f(lr the Cill\Slrucllvn uf (Ile n.,.:quilcd 11IIrrovClllclI(S. The oblig;illtlll lu eOl\9lrUl,;t lhe [{cquirco IllIjlflIVCII1'':I\b \Vllllill the Cl...)(l~lrllctioll l'eriud 511;)11 be joint o!..>ligi1I;Ull uf 1)("lllh~ Distric! und the lkvclopcr. 4, lh21m.r.~P1..clit~1llll""X Q[&will~d Impl.l.L~I:.ulS The Hoard SIHlll no! c()lI~idcr tile Required inlrlOV~mcllts compkt\~ ullrd ;i st,l!t:menl of complclion by tIlt: DistIIC!':; or Deve!op<::r's cOrlSlllt:ng engineers, logt::tllel "'lIlt [he finol ploject r~cord~ t~ln!~d tilc(cto, Itnv( l~t:"n furnish~d for r<!\'ic:w and "pPHlvui to the Dcvelupment Servicl:s Director cl/' Cllllirr Coullty, FlorlJa ('h~ "Director") for compliwlcc wi(j: ll.~ Coue:. Wltlilf\ sj~t)' (60) JilY~ of r~'\.("lpl of the stolcTl'ent of completion rrollllhr; DiSlt ict, the Director :;l1uli Sulllllit hi:! recommCndo.lllllllS ,,;ullcenlinr, llle Required ImprovemC:IlIS 10 lhe Bonrct Upon the UOllrd'e receipt of tbe Dir~:lol'(1 rt:c0TTlmend,Hions, ihe Boord shall. within lhini' (.30) 08)'5 th~Tcaf\er, either (a) notify (he Distric( ur Devcl()r~r, in writing, of il~ prelim!muy accq)tanc~ of the Required Impll)vCln~nt3 (lhe "Preliminill)' Acceptance"); or (b) nolify the DIstriCl or Devoloper, in W"tilin~.. ofilS refuset! to prell!ninaIil)" accevt the Requl~d Improvements, therewith spcdfylng tho~e cOlldltlollS lhal tlte Districl or Developer must fulfili In order to obtain the Roard's Preliminary 2 12/24/96 10:S~ 1 813 3943156 THE ROI'HO GROY OF COf"1"AN I ES ~ '304 681 0207 ~(), 739 FRO'1 : Pa0a son I c FHX SYS TEl" P.-()NE NO. : Dec. 23 1996 05:02 16G ~ ./ Acceptance n(the RC'iuired Imrrovcments, In 110 evenl shl\lllhe I300rd rdu3c Preliminary Acceptallce ('If the I1cquilCJ Improvements if they ore constructed o.ml submilteJ for approval in occordallce wilh Ihe requiremenllli of this Agreement. 5 1YLlln1~l.Hlll~.il.ml...RJ:;:SC:(Y~ AUI.!.!1.U.L\, The DI8lrid or De velllper. MI tbe case may be, sholl tll:\llllJi'l nil Reqllirt:<.I1mprovcmcnls for l\ ml1,il1\UlT1 of Olle yc:u :liter l~rclilllilH'ry Acceptance by the !3uart!; (lS~(lOll JS prncticol nn~r lhe 011~ yen.r ll1;JillleI1S11Ce perillu by the Di~lri(t or [)cv(;lvrer hns lcrlllillllleu. IIIC Develnpmellt Service.. Dircctor shull illspcct the l~equiled IlIlj>IUVCIIlCll(S lind, if fOlllld hI he ~lill iIICOl1lpli:lI\.:c wilh the C(l(~C 113 rcl1c:CkJ uy finnl aCCCpl;JIICC hy (he UUilrd (tile "Finnl ^CU'[1I:1I1CC"), tile Dlstlids rc~rons:bdity for mailllenallce Ullucr tillS i\greeI\H'lll ol the R<.:qllircd Il\1rru\,clllellls shalltcrmio:itc; othnwi8C, the Oi:;tricl's rc~p('llslbililY I~.r Il\Jilllcll<LIICC Hl.:llerally ~Ilnll CO"IiIIlJC IIllti] rillUl ^cccpll.lIlCe: by the Roard, SIIIII is cql1UllO till: IZ~sl:r\'e /\1110\1111 shLlll b~ mOI/llnillcd by tlie Trustee 011 dep(1,Jil ill lhe' (Oll'\llllCliull FUlld Ulllilthc fillul ^cceptnncc of Ihe r~e'l\lircd flllproverllcnls. '1 he Board ~holl rclleclll~ :1dm)\~lcdgcll1(:lit \11 s\leh litluing hy llolifyinH tile District. in \',:ritiIlG, llfit~ lill&\ nCCcpllltlU: \If Ihe Rcqllir~d Illlrrovt':mcllt~ (tilt': 'Tin;)l ^cceptr\llcC"), Upoll receipl (If the nolice of ~Ul:h hllld !\CcCrl:lIicc, 111l: Di,lri(l skdlllO Illnger Qe: requirct.l ul)(Jer tl:l~ ,\wcemellllu' 1l1llilll;IIII Ihe !{C~l:IVC ;\I:1<lUlll Olllkp(1SI( in lhe CUllStruetiol1 rllI1J. :nthc evcntlhul uurittg the Insf1ccti(l1l Period the Dilcch'r lil\ds tll:lllll\ lIf '1Olnc pvttion (..'( lh~ RCllu!rcc1ll11pro"'Clllcllt~ ;\1"1.'- \lot III cOI\lpll,IIICC with the ('oJc. thl.: [)llI.:clor ~h,11I prolllptly specify, ill .......riti\l~, to the District 111()!lc d!Jlclcl\cies thutl\\u:J\ Ix: corrcclcd in order to brillg the !{cq\lircd 1I\tpl()\'CI1H~nts Into CPlllpli;IIIl:C: wi,It llie Cvue. lhe Dislrict shull nr!,l)' the n.e~ervc ^mouilt 10 pO)"IllClll of the '0:'11 OIClllll'Clllig \lICit JctiUCIIlICS. III the: C\'Cllllhe District foils to PUISUC such concctivc aClioll,llic I)cvt:I(llx'r 51i;"lllrill~.(~1C rt,_q~,ircJ ~l1\rr\)\clnc\lts in(o COll\pli.1I1CC with (i1I~ Ct)(k Upun' cmrcdlonll( 1 lit: "fleellled JellllcncIC~. the l)llcctor ~hl\lI :\!Plll ln~pec' [hI; l~cqlll,cJ Ill1plUI.'CIlll;llt.s 0111(1 ;f found (0 be ill cUfllrliJncl: with the Code, 3hllll submit SUdl filldings tu th<.: l3\1:.lf(j fur il:l rill;lI I\CCCpli1IlCC (herl'of. (, Pl~~\,WJillIQJl lite BClHrJ :JcKllowlcJijcs lhJt this ,\gr<':<':lllcilt i.5 n l' .. C ""slr"e' 1<'" ",,,I ~ bi""',,nllcc ^grwllcllI 0 f S "'xli ,ision I"' pI 0 VCIn""'S" wi I h III the ""... ill g or. IInd IlieC!Il\!;. \11l~ fCq\lllCIl'l:f)(5 l'sl.,blishcc1 hy, Di\ isiOI\ ).2Y Ilf IllI': Cudc:, The [,;1\\;":" . (lckllo\Vkd~c Lllld :Igrec thn( lullo\Villg th~ Bourd's npproval of 1111.: l'l:ll. . 01 he Devd..){1el shullliol be Cl\\illed 10 re\.:ord lhe PInt UII1;1Iht: i3onl'J It:Lei\}t:~: (I) '\'rlllel\ lIu!ice rrom the: TnJjlre lhill .'SUI'" at IedllC cq'l.tlll! lite COII'\lrlll'\loll A\lIOUI\' ajlJ He,..,.",c ^....'''llllllC Oil d""l>1il 11111'4: ': 'lIl:t,ruC'IIVTI 'I UIlG It'lle "1. ~I~;lee )'~'J(I<:f.' .1.. (2) Wrlllell notice from Diatrict and t~ Tru3~ce th.u~; (0) rhe project for which bond procC:f:<.h hnvl:' be ell received by istrict if~c1udcs the Required lmprovcmCllts; 3 J' ---- ----- 12/24/'36 10:55 1 813 3943156 THE Rano GRCU' OF cOt'PH"-U ES ~ 904 681 0207 ~ J(), 73':3 FROM : Par-r1 Son, c FAX SYSTEf1 P'HOI'.JE NO. : Dee, 23 1'3% eS:\33F 6G 3 t (b) such Bond proceed! nre sufficient to finance the Required Imrrovemen\.~ illS well as all other improvcmwtlS to be financed by the BOIlJs (collectively "the Pruje~t") elld lo fund the Reserve Amoullt. TIle:: Trustee's reprc::sentflthlfl tkll fUIld3 atc sullicient lO finance the Project for which OOlld procced3 hove been rece(vcd ;IS well as to fund the Reserve Amount is bJ.seJ U~OIl ll\(~ DistriCt ElIginc:et'3 estimation of conslruclion CO!lS; and t the Project cunnot be nmcnoed or challged Wllholllthe COI1~Cll[ of" the 80arJ (th~ "Project Notice"); ^ rcr,rcscntatiull Gild wJnnnty from the Di3tricl ~ltUl ;.)11 government)1 penl1ilS to enable the Di~lrict to commence cOJl'ilrucllOn of rhe Requhed Impmv'm,n" huve bc.n nhtoined ("P",nil Wa",,,'y"); ,nd 1 D. UpOll receipt by the 13mlld of the Trustee Notice, Project f'iotice unci Ihe Permil \\'arrllllty, Devcloper shedl k ertlillcd 10 record lhe Pint witholJt further conditloll, other IlIdn I paYlllcfll of ;lIlY reloted rcc(jrJil1~ fees c$tahli~hcd by opplkablc law !It'd t\1(: execution of the PInt by nil rcquilcJ 1)"llic~ j 7. liability Ihe Cuunty sh~ll hove 1\0 liahility whnlsoevcr 10 the bolld IlolJc. NcitllCr the cnforccJT1c!lf or the terms o( lhis ^gtct:lllcnt hy the Coullty Ilor the foiil.lrc tv enforce 3uch lcrrllS ~h;dl cn:;.!le ;111)' liubility wlutsocvcr to the Ix>IlJ holders, the l)lslrict. or tile \ ' O<,;vd\lpcr 1\11Y Jlsclo:.urc dllCUlllcllt rrl'p;ued by the Distri\.:l or the [)l'\clof'er in ll!c offering 01 ~llch nlllld~ 811011 fHO\'ltk i\ ~lulClllcflt as described ubovc rdatillg tu lhe I;.Kk ofliubdity Or~l": Coullly. , s ~1~um;ml~ ^" o(th<.: terms. COVCIlonts alld conditiulls h.:rein contuined arc, <1l1d ~hllllll<.:. 11I1Idillg upon 111<: resp'ccli\"c successors llUJ n!'l."i~lIs vl'lhc District, tkvcloper ~Ild Bo;uJ By t':<.c<,;u{ioll h..!ow, lilel Cllst<.:e sll\lll cvidClln: its .Lll:kll0\Vlcdb~ClllL'I\1 ur JIlJ rlS$~\lt>t.Cl till.: IIlilllers .JJdrcsscd herelll. 1\11)" lIatlce, dl;111UIHI. request or tnslrU/l1cnt ,JUtll\lllzed III rt.:qulrl:f 10 h~ t;i\L'll or IIlnde hercby slloll hI: dcclnc-d t~l hoy!': been bivCIl ur nlnde \....IlLil ~Clll by ccrtilicd Il~oil. Iclurn I~l.:~ipl req\lesied, (0 Ill': approprl.ltc r,Jr1y Jl their oJJn:s5 set ('CHlh below: (c) (]) , 4 1.1' --" ~--r- 12/2<1/96 1.0:55 1 813 3943156 THE Ra-nO GRO.F OF CCf'lPANIES ... 904 681 02~17 ~ t'-lJ.739 FROM : Panason\c FAY. SYSTEM Pl-O-lE t'-lJ , : Dec, 23 1996 05:03 To the Di,lricl: To the Developer: To the Oo;ud: c/o With a Cnpy In: To lhe Trustee' 1 6G , ~ " , --- ---L- --------..-- L ---- , COllrlly Mallager Co/lier CUlillly Comple" .1301 TalOiallli Trail East NlIples. F10riun 341' 2 Collier Coullty ^"orney Collier COllnl)' Complex 330 I Tumiilllll Trllil ~Sl Nap!es. Florid;} 34112 , I , , , s . .-..__.__._---~--_..- - ~..... --...--"'- .---.:--.- -_. _~~~l~~"~ ,........------.~~-------~ ~.';'_:/.~:'; ~'~~~:<r~ ..'-.4 -i~"...", " 1 }..l\ ~ ~1 ; .,~-\- ".." -', 'I. -f ; it.,'.. li:':::\i;) .:' ~ ~','.;' t' .. ~r. ';", f: .,:,' i f"- i' < - :.: f. ~~:l,t''''i - k~':"~l~::.;; 11 . \. ," , '" Jtr-;tt;rs,' (.j\:~\~/;1 f.~~~j;Ic~ ftjtt~',~[ l ,~. 'f 'i, il - , \.. _ .. \"J "". '. :~ ;;f'~r :':"!{ ~, I I ,j..' : 4,' \ ;., ~ :. ~: .... .1 y ;"\ ..,-: ~.. i. :.: - ,_ 'I, i: :' L'. ; .1'... l,.... 1 ), . - J...,~..:~.' ~;: ,~,..,~-, ;:;J" , ..:' .,'; \'.~-''''f:.~-~ .~ -'!: j" '.: .1 t\;.,' ., " : - . 1. ~::: _ It "; , 'f .~ ',"; .~ I . i;. / ,..... \ I, :1'." . . ~ . ," , ~.. ~~. ~.\,~.. .;' , t ; ~.' " , . . . ~ ,- \', ~.-.tr--.;- 12/24/:'6 10:55 1 813 3943156 THE R() no GRaJP OF C()'1PAN I ES ~ '3\J4 68 \ 0213',' I 1"-40,7J'3 23 '19% lJ5: ~GPI FR01 : Pana5C""-'1 c FAX SYSTEM ~ t--O. : Dec, 1 6G 3 TN WITNESS WHEREOF. the Dj.triot. the Devcloptli and tho Boud have cau.scd thi3 Agreement to b<: executed by their duly Authorized repre.senLalive M of this <!.at of I 199 , SIGNED. SEALED AND DELIVERED IN THE PRESENCE OF: DISTRJCT: HERlT AGE GREENS COMMUN1TY DEVE.LOPMENT DI~TRlCT ATTEST: 1 .1 i:' ~~ By: _ Its: District Secretary DEVELOPER: KhAA~-A~TES !-IGbL ~ \Vltr.ess By: Its: Witness A TrEST: D'W1GHT E, BROCK, Clerk BOARD: By: BOARD OF COUNTY cor"L\.{ISSIONERS OF COLliER COUNTY. FLORIDA . By: JOHN C, NORRIS. Chairman t Appzovcd as to form and Legal Sufficiency: County Attorney Acknowledged and asaentcd to: as TrUS'tee under the .Jiithin-m.entioned Bond Resolution By: ____ Its: _____ Date: . :/ ~ I 6 -1 MEMORANDUM r I ] UM isc. correspond.ence A~enda Date A'~enda Item # * RECEIVEI TO: Sue Filson, Administrative Assistant Board of County Commissioners /\ P R . ~ ; 9 9 ;; ~,\ l' 1 r' :. '! ~1' . FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department " DATE: April 10, 1997 RE: Miscellaneous Correspondence. BCe Agenda Please plac8 the following items on the next available BCC agenda and call me at extens n 8516 with the date and Miscellaneous Corrospondence agenda item number. 1 Lely Community ~elopment Dis~ Pursuant to Florida Statutes Sec. 189.418, the Lely Community Development District has submitted the following: 1. General Purpose Financial Statements for year ended September 30, 1996 2. Management Letter and Management Letter Comments, I .?~/Y7 ~ ~I 3. Local Government Annual Financial Report Thank You. r.:\spe<'.I.llI\~laI ~!i'.t Cn:rr)" 02te: I' /" ltemlt I c". c;. , C ':' , . T.): ~ ~~C'W.lIC',....lI'l_".""""''P'V~_~-'''''~''''''''''''~-~~'''--~---' -. --. --.--.- - .__..... , '. :~;~- ~ ~ ~:. ..; :l";~ ".',' ~~. ..... . ~(,;!;.t '-~ v.",.. ... :. "~1'~-', ....~;~ ~Ij?:""" " :>l;'~:'" . j ,~ . .'\;.";,".', f- ....l . ;~1/"" "" ;r~~ ',I '( " 'y:'... . _(' I.,.' ",' lit;',-,. '.,' . ~:<'it"/1/<'>" .'.'. ,...... .1' 1 .f ;~f;:"":"i:":. ~~,:> ':?:>:S r~:}>.'~:, . ~~~.~~.~:.. rt j~l:~':;,::::1; ", "j.." .,.. fci}:'~::!:~'< ':... ,.~ f~1;;:.i%7~( .. ", . ~. '. / "~.. . ~ ~ .- ';5(,';'...,::;.:X: "2\.\: >It .~ ". ~ ~ t~::l.: j ~'s\~:.; ~, .. :,:, ",:~, y. .:, ~~ ~ ~'<...~;. "~:l~":"~';""" , , ,\ "",._ 1-:',>;<'; '~':.:!..,i I )'J\! ,'". ~ ;:~.';~': ~\""'. \ . l-:~~/\ L~ f;:- ~: :'~,;J",. ~;~ ""';; " l.":;~, l;!~... :~ I ,; ',~ . ~ r '~..I. . ?:,(, ,'" '..", :~,r I I t~'~ '~'; ~t~::, : ~ :.'1' '"\ " ""..,:. ,~:.!;(;;it. :':'.' ;~' :u! :." " l.. .. . ..... \ ~ '. , . '-1 ", :~ j 1': ':.2. .\, ; \ " ' i' \ , , i ~~. , j. LeZy - . ",,,. \ \ Apnl 1, 199"/ i/ ~ 'III/III/unity I),': l'j'/I)m,"lt / )i~ll'l' . t ..: I: "'i'~:'L> ~:. ~ Jill- ; ill, r',l' Clerk of the Circuit Court Finance Department c/o Mr. Dwight Brock P.O. Box 413016 Naples, Florida 34112-3016 Attention: Mr. Dwight E, Brock Clerk of the Circuit Court Subject: Lely Community Devc...lopment District Fiscal Year' Q96 Annual Financial Report of Units of Local Government Dear Mr. Brock: 1 6G 3 'v " "\\r 'j 1 1 Pursuant to Florida Statutes, Section 218,32(1 }(b), enclosed pleas,:! find the following: General Purpose Financial Statements September 30, 1996. 2 Management Letter, and Managemont Letter Comments 3 Local Government Annual Financial Rep:Jrt t if you have any questions or require any additional information. please contact me. Yours sincerely, LEL Y COMMUr--JITY DEVELOPMENT DISTRICT / ' ;/ r ". ~'f~M" ' .".. /.. ,; / .:...,1.' ~.t'./ ~ (.t.-.' ~.: .t..'". James P. Ward Assistant District Manager JPW/rgw Enclosures '...... ~. ......~~-------_..,---~._--- c,' ~.. ,", \: I \..' :. I .~ I \ ,_ L. L . _. '--' I .-'l9J11 L __J FI ~JAf\'CE , -- ~ < c ~ t:: ~ I \ 01 C "0 :it ~ ~ l- e: o c.. UJ a: -' c:( u ~ z u: ~ I.!J ~U'> ZOl ttos U.I.... >, .r,O~ CI <:' en a: ..I. ~ O<a: LCg~ u....l> 0-' w<..... I-:::lct: ~~~ " ~, . ""~~'''''';:.1: ~. ::",: yl~ -- I '" 8. tD 0. Gi ~ a. "> E ~ 8 <3 .. Cii Ci C <1> E 8 0 a; c > <0 ~ ~ ~ tIl -= :f7 ::: ...- c.: U ........ :::l "C: ~~:.: c:: b Z o _ u.!8 ~ ~ '0) ~l.')e z S < ~ ~ II: W C,,) Ii :: .,; Ul . ~ G "in. o E c 0 JI/. 0 ;; -g o III '0 · ~ ';;) :J .8 ~ ~ III -= .!! E -i ~ Ii - .t: 1:: '0 III III U t: '0 0 4> Co C III E'~ ... C ~ 0 4> _ '0 - 5 E CD 0 :: "E .; . ~ :: - !'-- o ~ i u ~ \:l !i u c:: III r;: "P:: C5 .!! $: 13 a.: 0 '" ~ ~ ~~ ! '0 'll( ...i u. ti .s Ci. (f) m <5 u " ~ CD C II E c .. II > o C) - o c ~ E .. C .s::. (.) ... ~ III :l U Ol:t; ro 0 c: _ ~ ~ c:: :g ~ Ui:;:: iS~ ;E "E u .s .... Vi 0 ~~ <~ ~ ~ cj ~ ~ ~ w E ~ z ~ ~ o ~ i ~ o . ~I C') ~ 'I' ~. ~ l :~s ~, C.) ... ~I ~ <5 ~. ~ i , ~ ~ ~ . . t 11' i ~. i j .: l ~: ... .. --. -- .Q e ~ c:: ~ C .t::: i {!. Q) :; ~ c" U5 t 8.. ~ ,~ .5 Cl c:: ~ ro t"..1l ~ '0 Cll U 1'0 "E o u Cll .0 >- III E c .s::. :t c: g Cii a.. .... Q;l o E o ]! " '.1 ~fij '-.J c '5-.;Li: \ - -~ .! \~ G ,'; 0 ~1\- ~ ~\ o~ \ ffI "0 ... Cl ~ 0' 0..1 ~I' .,:: ~ I I I I , 0' Q) M o M Lr. I-- . ~ 9 1 I I I i E :> c: ~ ~ Ci. ~ Qi ~- .8 5 c: ~ o z ::> (f) ~! z\ ('II 0\ c. . ..., ..., ..., , ...... ~ I() 0\ ~ E ::l C '" nl L.l.. 1 6G 3 ~ oct ~ a: o u. ~ ~ IJJ ffi " 1~ '" :5 iii U5 <0 ~ (i i t! '(1) { ~ I 'i! ,~ . '8 j b ~ ~ ~ co . ::: J: ; . 0- ctl 0> ~ ltl a. 5; as c: o oS 1'0 Q. >< <ll ([l VI <0 ~ Ci. ~ o c. o >- c '" ., !i ., a. ~ E '" '" E ~ :0 ~ ~ E i ~ ~ ~ c p .c" 2 !f ., "i .. ,:. J:. '" ,.... c co ~ C> >. C3 ~ !2 C> E ~ .. -g ~ .. ~ .. ., .. c. >- '" ~ '0 ~ ., .. '0 ~ ~ .. co c I ~ '0 i ., .. C;. .<( .. 1 l/) ("'J 00 M If) u;) C) - o C') - l" C) h E ~ C:Il c: .2 0' c lS c: fJ .. :i o 'E CD lo CD >, "0 c B'iS ~ . ~ FUND GROUP REVENUES AND EXPENDITURESlEXPENSES 1 6 G 3 1995-96 1 LEL Y COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT 10 NUMBER: 896 ~, ~ ~ ;;0 ~ " , t :;-: ( REPORTING FUND GROUP: GENERAL R.JND REVENUES AND OTHER CREDITS (3'i1.000 THROUGH 390.000) Account No, 361,QOO 363,100 ---- 369,000 383,000 Description Interest Income Special Assessments Other Miscellaneous Revenues Proceeds from Capital Lease TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additionalllrlesareneeded, , t d) ,/. ,u...", ,;,,,,~,,,,,""'''''' ""'i...,~''r~'''''''''''!II!W'''j~,j", ICO('] rnue '"',- ~.,.,. .", ."",' .,..........., ,,, FORM DEF-AA-403 (Flcv. 10/9/96) ~- 1,'."\',,, Whole Dollars Only Amount 24.428 . $996.666_ 26,318 148,919 , , . I $1,196.331 '1 , -- I 1 6G 3 FUND GROUP REVENUES AND EXPENDITURESI EXPENSES 1995-96 LEL Y COMMUNITY REPORTING ENTI1Y: DEVELOPMENT DISTRICT 10 NUMBER: REPOR"nNG FUND GROUP: 896 GENERAL FUND EXPENDfTURES AND OTHER DEBrrs (511 THROUGH 592) Account No, Object 51 1 512 513 --- 514 517 --- 517 519 539 539 1 0 1 0 30 30 60 70 30 --- 1 0 30 i } -, .~ r Description ~WhOle , ollars ~nlY Q..l.W.J ._ ~~1,00 \ 31,99 11 ,10 1 1 ,12 155,20 48,84 54,32 409,33 394,52 Board of Supervisors Fees Management Fees Audit Fees Legal Fees Capital Outlay Debt Service Payments Other General Operating Other Physical Environment-personal services Other Physical Environment-operating e)~_ r I I f . J TOTAL EXPENDrTtJRES AND OTHER DEBITS $1,127,45 Duplicate this rag/) if additional lines are needed. FORM DBF-AA-403 RElV, 10/9/96) 2 . , ;.".J ::' I '.. \('.~~. )," (;J FUND GROUP REVENUES AND EXPENDITURESlEXPENSES 1995~96 LEL Y COMMUNITY DEVELOPMENT DISTRICT REPORTING ENTITY: REPORTING RJND GROUP: REVENUES AND OTHER CREOrTS (:n 1.000 THROUGH 390.000) Account No. J2~scription DEBT SERVICE RJNDS i6G 10 NUMBER: 3 896 Whole Dollars Onl) 334.310 363,100 361.000 St Grants- Physical Environment- Water Supply ~ecial Assessments Interest Income ( j'" . I: f. /~ :s '. I t ~. ~. t t; TOTAL REVENUES AND OTHER CREDITS rOF~M DBF-AA-403 (Rev, ;0/5/96) AmOI'wJ $3.951.577 f 359.099 f 366.508 . I , i i L , Duplicate this page if additional lines 2.re needed, (continued) $4.677,18 "',' :.'...~.:', .:.<. .! ^ ':'" '.. ',.1"':," ':_1-,'.' ': I', I ::':'.~"::;; :",,.r\,:~!.~:'. ,:;:?\ .,- ,:, .' . '.>:.~,: /'..~\: FUND GROUP REVENUES AND EXPENDrruRE~ EXPENSES 1995-96 LEL Y COMMUNllY REPORTING ENTITY: DEVELOPMENT DISTRICT 10 NUMBER: REPORllNG FUND GROUP: DEBT SERVICE FUNDS EXPENDfTURES AND OTHER DEBITS (511 THROUGH 592) Account No, _ Objec~ _gescription 517 70 Debt Service Payments } 6G 3 896 Whole Dollars Only Amounl $4,843.3C ----- -+-~ , \ " '. TOT At EXPENDITURES AND OTHER DEBITS Duplic8.te this page if additional lines are needed. FORM DBF-AA-40:3 Rev. 10/9/96) 2 , $4.843,~ \ ~. f .' ~ ~ i I ~ t t h FUND GROUP REVENUES AND EXPENOITURESlEXPENSES 1995-96 lEL Y COMMUNITY DEVELOPMENT DISTRICT REPORTING ENTITY: REPORTING FUND GROUP: CAPITAL PROJECTS FUNDS REVENUES AND OTHER CREDfTS (311.000 THROUGH 390.000) Account No, Description 361.000 I nte rest Income ':' .~ ., ~,' TOTAL REVENUES AND OTHER CREDITS Duplicate this pagel if additional lines are needed, (continued) FORM DBF-AA-403 (Rev, 10/9i96) 1 6G 3 10 NUMBER: 896 Whole Dollars Only A !.llillLDJ $34,089 $34,08S ~.....lJIlJlFl~~........-.r'IP."ffI1'7"~'!oIilll.,"",lII".."'" ~,,~.~~~~r-r-~""''''~ _."._~r-..,.,,~~-~-l"'_~. -- ..~-,~, 1......--.- FUND GROUP REVENUES AND EXPENDITURES! EXPENSES 1995-96 LEL Y COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT 10 NUMBER: 1 6G 3 896 REPORTlNG FUND GROUP: CAPITAL PROJECTS FUNDS EXPENDfTURES AND OTHER DEBfTS (511 THROUGH 592) Whole Dollarli Only Account No, Object Description Am9J.!nl 'i 1 7 ~f) f":::lpi\;ll f)'j\'::::L'UA~___ 1 i Ij 1 .. ~ i~ ;' TOTAL EXPENDITURES AND OTHER DEBITS $1.16_' ,381 Duplicate this page if additior.al iinos are needEld, FORM DBF-AA-403 Rev, '10/8/96) 2 . . . FUND GROUP 1 6 G 3 RF:VENUES AND EXPENDITURES/EXPENSES 1995-96 LEL Y COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT 10 NUMBER: 696 REPORTING FUND GROUP: FlDUCIARY FUND TYPE REVENUES AND OTHER CREDITS (311.000 THROUGH 390,000) Whole Dollars Onl~ Account No. Description AmO\illl 361.000 368,000 Interest Income Pension Fund Contributions $1,073 14,019 TOTAL REVENUES AND OTIiEFl CREDITS $15,09 Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev, 10/9/96) W'_14"~~A~lf'lJI'VlI~"'''1t:f'IIIf~~1,.'.',n.-l lEL Y COMMUNITY DEVELOPMENT DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS, TOGETHER WITH REPORTS OF INDEPENDHlT ACCOUNTANTS AT AND FOR THE FISCAL YEAR ENDED SEPTEMOER 30, 1996 I I I I 1 6G Table of Contents Pa~les Report of Independent Accountants I I I I I I I I I I I ;11 I I I General Purpose Financial Statements: Combined Balance Sheet - .A.II Fund Types and Account Groups 2 - 3 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types 4 Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Debt Service Funds 5 Statement of Revenues, Expenses and Changes in Fund Balance Pension Trust Fund 6 Notes to General Purpose Financial Statements 7 - 17 Supplementary Information 1991 and 1993A Special Ass~ssment Revenue Bonds Debt Requirements 1993B Special Assessment Revenue Bonds Debt Requirements '8 19 20 21 Independent Accountants' Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Audifing Standards 22 - 2: Independent Accountants' Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards 24 Report on Compliance with Certain Bond Terms, Covenants, Provisions and Conditions 25 26 - 2 Management letter " 'f ,.' , I I I I I I I I I I I I I I" I I I, I I \ Coopers \ &Lybrand \ Coopers & Lybrand L.L.P, I ~ DrG:CS~) 0",\: S(>'v'o:c, I,'m ':( ..J 1 6G Report of Independent Accountants Board of Supervisors Lely Community Development District Naples, Florida We have audited the general purpose financial statements of the Lcly Community Development Di~ trict at and fi)r the year ended September ~(). 1996, as listed in the Table of Contents These gcncf< purpose tinancial statements arc the responsibiiity of the District's management. Our responsibility; to express ar: opinion on these general purpose financial statements based on our audit We conducted our audit in accordance With generally accepted auditing standards and (;ol'l:mmel Auditing Standard.., issued by the Comptroller General of the United States Those standards requil that we plan and perform the audit to obtain reasonable assurance about whether the general purpo~ financial statements are free of material misstatement An audit includes examining. on a test basi evidence supporting the amounts and disclosures in the general purpose financial statements .'\' audit also includes assessing the accounting principles used and significant estimates made by mal agement, as well as evaluating the overall general purpose 1inancial statement presentation We b, lieve that our audit provides a reasonable basis for our opinion In our opinion, the general purpose financial statements referred to above present fairly, in all materi respects, the financial position of the Lely Community Development District at September 30. I lJ9 and the results of its operations for the year then ended in conformity v.ith generally ao.:cepted a counting principles Our audit W2S made for the purpose of forming an opinion on the general purpose tinan"::lal stat mcnts taken 3.S a whole The supplementary information included on pages 16 throug.h 19 IS pr sented for purposes of additional analysis and is not a required part of the genoer.U purpo5oC tiruoc statements of the Lely Community Development District. Such information has not been s.ubje-.:ted the auditing r.rocedures applied in the audit of the general purpose financial statements. and. accor ingly, we express no opinion on it. In accordance with Government Auditing Standard.., we have also issued a repon dated l~emt 13, 1996 on our consideration of the District's internal control structure and a repon dated Ikcemt \ 3.. 1996 on its compliance with laws and regulations. ~ 9 ~ /...<-..I? Fort Myers, Florida December 13, 1996 1 . 6G 3 1 ~.\ ... ;!N-~g~~cn8l ex) M$~ r--._<O~\fl N 8~~~<jcOg~~ N' \fl ..... _ en ..- cO lil ">t ri ~ ili ...... ?l' to r--. ... ... 00 00 OOOO~ ..... :sl \fl. ~ ~. ('"~ n r--. N If) <f r--. ~ ~ ... 000000 ("... (n 0 ;;;~ g~ _ N ili ... o ~ 0 o 0 o 0 ~ 0 iii N cO ... OO~ ONOOOO ~ ~ ... :eo~~~OOOO _ .,C(Sa. ~ cON'" N ~ - ri .... ... ~N~OOOOOO _ $ If) N~~ .... 0; ~ <l) 0> ~ '0 ::;) C \.i... OJ OJ C V) !,/ ~ tu 2 ~ '" ~ .",r'1 l' i ~ ~ t'j'~~ ~ :r; 'ilL"~"E.oo.- ~2~~~f6~jJS~ "gF~1l~F~~",2g, ... g !; .~ 1 ~ ~ .!; c c Q 58j~~8~!j~ ... o \ ~\ ~\ J :Q 'I r--.\ ~\ ..., at ~I ...\1 o !~ :?11' lO. r--. .r ... o o ill ~ Vl '" n: ~ 'i " S C o <.) N vi c: '" E '" ~ ",;; ;;; U <: '" <: "" CD ") CD :0 '0 t: '" Cl. ;;; 5, ~ <: '" ~ "" ... ~ " c:: Ol <: ;;.. <: a E 0 '.> l,) .. <<> .c:: I-- __~,~__".~~l'f<l"l:"_,~~...-.....",..--~_......_.i1 I, I I I I I I I I I I I I I - I I I I ...... 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" a E '" <.> '-' '" ". .c:: ,- ~ ~ .is ~ "' ~ I-- I I I I I I I I I I I R I I I ,I J I I ---..-...., 1 6G 3 Lely Community Development District Combined Statement of Revenues, Expenditures and Changes in Fund Balances - An Governmental Fund Types for the year ended September 30, 1996 GOVl'rnmental Fund Types General Debt Capital Fund Service Funds Proj~ts Funds Tol~1 (Memorandum Only) -- -~-- R evenuetl Property tax revenue Special assessment revenue Inle1'est revenue M.s.cellaneous revenue Total revenues $ 0 S 3.951.577 $ 0 $ 3.951.577 996.666 359.099 0 1,355.765 24.428 366.50<' 34.089 425.025 26,318 (1 0 :'tl.318 --- ------- ---- 1,047,412 4.677.184 34.089 5.758635 -- ------- --.-----.--- Expenditures Current General government Opernting expenditures Physical environment Personal services Operating expenditures Capital outlay Debt service Principal retirement Interest and fiscal charges Total expenditures 119.544 0 0 119.544 4C-9333 0 0 409.333 394.522 0 0 3')4.522 155.208 0 1,161,388 1.316,595 40.782 1355.000 0 1.395.782 8,064 3.4e8,J(X) 0 3.49fj,364 ---- -------- ------ ---.---- 1,127.453 4.843.300 1.161388 7.132.141 ---- ------~--- ----- (80.041) (166,116) (1.127.299) (1.373,456 ~_._--_.--_.- --.---- 148.919 0 C 148.91S --- 58.878 (166,116) ( 1.127.299) (1 .224.53~ :>63,147 8,015.715 1,268.897 9. f>4{\. 7S! ---- --~_._------ ---- ------ S 432.025 S 1.850.599 S 141,598 S 8,424.22 Exces:l 01 expendrtlJrM O'fef reven\Je'$ Other fll"lancing s.ourt.e'> Proceeds from capital lease e.xc-s of reven\Je'$ and other 'l!"\aocing s.ources O'fef (under) expenditures Fund balances, actobel' '. 1995 Fund balan<.."e$, Sep(elT1ber 30, 1996 TM IJCc~"ying not.s are '11 int~~aI p.e;t of tiles. /In,ncial st..tements 4 I 1 6G 3 I I I I Virlince. V.uiance. Fllvorible Favorable Budget ActUlll (Unfavorabl~) Budget Actual (Unlavorolble) --- ------..- S 4,218,874 S 4.3 10.676 S 91,802 S 5,252.225 $ 5.307.3.42 S 55,117 723,101 366 ,508 143.407 263.101 390.936 127,835 0 0 0 30,000 26,318 (J.682) ---- ------ 4,441.975 4.677,1B4 235.209 5.545,326 5,724,596 179.270 --- ---~- Debt Service Funds ----------- ----- ------.-.------------..--- Tololl (Memorandum Only) I I I I 0 0 0 131,750 119,544 , 2.:;x)6 0 0 0 416.600 409.333 7,"'2:67 0 0 0 463,129 443.36-8 19761 0 0 0 46.472 6,289 40.183 950 ,000 1 .355.000 (405.000) 950.000 1 ,355.000 (405.000) 3,491,975 3,488.300 3.675 3.491.975 3.488.300 3.575 0 0 0 45,400 0 45.400 --- ---.- ---- 4,441.975 4,543.300 (401,325) 5,54S.3Lt5 5.821.834 (276.508) --- -- ---- S 0 (1re,116) S (166.116) S 0 (97.238) S (97.238) 8.016,715 8.379.662 ------ S 7.850.599 S 8,282.624 I I I I B i \ ,'. I I I I 5 I I I I I I I I I I I I I I I I I I I I 1 6G 3 Lely Community Development District Statement of Revenues, Expenses and Changes in Fund Balance - Pension Trust Fund for the year ended September 3D, 1996 Operating revenues Interest income Contributions S 1,073 14,019 -_....~~-----_.----~ Total operating revenues ____1~9~- o Operating expenses 15,092 Net income Fund balance as previously stated, October 1, 1995 o Adjustment for contributions made and interest earned in prior year (Note 7) 18,646 ----- Fund balance, as adjusted. October 1, 1995 ---~~~~ S 33,738 ~~-~~ Fund balance, September 30,1996 The accompanying notes are an integral part of these financial :;t3temcnl'J 6 I I I I I I I I I I I I I I I I I I .,' I n- r --- -- '.........liIIIe 1 6G 3 Lely Community Development District Notes to General Purpose Financial Statements 1. Summary of Significant Accounting Policies: The following is a summary of the more significant accounting poli(les of the Distm! Defining the Governmental Reporting Entity: The Lcly Coml11unity Devclopment DIstrict (the District) is located in Collier County and was created rursuant to Chapter 190 of the Flor- ida Statutcs to provide public improvements and to deliver community development ser-. ices in the area of the District thcreby providing a solution to the County's planning, management and flna:1cing needs for delivery of capital infrastructure wilhin that pOl1ion of Collier County The District was organized on January 16, 1991 The business and affairs of the District are governed by a five-member Board of Supcryisors Members of the Board of Supervisors must bc residents of the St(]tc and citizens of the Lnited States. The members of the Board of Supervisors are elected by qualified electors of the Dis- trict A qualified elector is a registered voter who is a rcsidenl of the District and the State and a citizen of the Unitcd States Elections will be held in a manner such that the membcrs will ser\'e four-year terms with staggered expiration dates If, during the term of oflice, a vacancy occurs, the remaining members of the Board fill the vacancy by an appointment for the remainder of the unexpireci term Lely Development Corporation (Lei]') owns a majority oCthe land within the District Due to its status as major landowner, Lely also is assessed the malority of th,.:' special assessment revenue or the District Failure by Lely to pay ItS assessments could (ld'ver:;e\y impact the operations of the District Governmental Accounting Standards Board (GASB) Statement Number J 4, "Financial Repon- ing Entity," requires the financial statements of the District (the primary government) 10 mciudc its component units, if any A component unit is a legally separate organization for which the elected officials of the primary go'/ernment are financially accountc.blc Based on the criteria e';- tablishcd in GASB 14, th,~re are no component units ir:c1ud~d in the District's tinancial statements Fund Accounting: The accounts of the District are organized on the basis of funds and ,IC- count groups, each of which is considered a separate accounting entity The operations of each ti.;nd are accounted for with a separate set of self-balancing accounls that compri~c its assets. li- abilities, fund equity, revenues and expenditures, as appiopriate Covernment resources are 3.1- located to and accounted for in individual funds based upon the purposes for which they arc Ie be spent and the means by w~ich spending activities are controlled 7 I. I I I I I I I I I I I I o I I .1 I \i,.,. I If........ r -.....Ill..-..- Notes to General Purpose Financial Statements, Continued 1 6G 3 1. Summary of Significant Accounting Policies, continued Fund Accounting. continued The various funds are grouped, in the financial statcmcnts in this report, into fund types and ac- count groups as follows Governmental Fund Types General Fund _ The General Fund is the general operating fund of the District It ac- counts for all financial resources, except those required to be accounted for in another fund Debt Service Funds - The Debt Scrvice Funds are used to account for the accumulation of resources for the payment of general long-term dcbt principal, interest and related costs Capital Projects Funds _ The Capital Projects Funds are used to account for financial re- sources to be used for thc acquisition or construction of major capital facilities. Fiduciary Fund Type Pension Trust Fund - The Pension Trust Fund accounts for assets held In a trustee capacity Account Groups General Fixed Assets _ This seif-balancing account group is uscd to account for all fIxed assets of the District. General Long-Term Debt - This self..balancing account group is used to account for al long-term debt of the District. Measurement Focus: Governmental Fund Types - The General, Debt Service and Capital Projects FunJs arc ac counted for on a "spending" or "financial flow" measurement fOCllS This means )hat onl~ current assets and curren! liabilities are generally included on the balance sheets, , Accord ingly, the reported undesignated fund balance (net cu;rent assets) is considered a measure 0 available, spendable or appropriable resources Governmental Fund Type operatfrg state ments present incr~ascs (revenue) and decreases (expenditures) in net current assets. Fiduciary Fund Type - The Pension Trust Funa is accounted for on a "capital maintenance measurement focus. Accordingly. a\l assets ar.d Eabilities are includcd on its balance shee and the reported fund equities (total reported assets less total reported liabilities) provide a indication of the economic net worth of the fund The operating statement for the Pensic Trust Fund reports increases (revenues) and decreases (expenses) in total economic nl worth 8 I I I I I I I I I I I I I I I I "I I I . - -~ - -......- ~------- ........--- ---- ---.......-.,,-.........-- ~. t 6G 3 Notes to General Purpose Financial Statements, Continued 1. Summary of Significant Accounting Policies, conti nuecl Measurement Focus, continued Account Groups - Thc General Fi:,<cd Assets Account Group and the General Long- lcrm Debt Account Group are concerned only with the measurement of financial position lhl" are not involved with the measuremcnt of results of operation~ Basis of Accounting: Basis of accounting refers to when revenl1C and expenditures are re(t'l~- nized in the accounts and reported in the general purpose financial statcments Basis of account- ing relates to the timing of the measurement madc. regardless of the measurement focus applied The.modified accrual basis of accounting is follo\"'cd by all Govcmmental Funds of the District whereby revenue is recognized when it becomes measurable and available as net current aSC,l'ts Taxpayer assessed income and gross receipts arc considered "measurahle" when in the hands 0 intermediary collecting governments and arc recognized as revenue at that time Anticipated re funds of such taxes are recorded as liabilities and reductions cf revenue when they bccoil1\ measurable and their validity seems certain Expenditures are generally recognized under th~ modified accrual basis of accounting ......hen the related fund liability is incurred Exceptions t( this general rule include (1) principal and interest on gene..al long-term debt, if an!" which i recognized when due; and (2) expenditures are not divided between years by th~ recording 0 prepaid expenses. The Pension Trust Fund is accounted for by using the accrual basis of accounting Under thi method, revenues are recognized when they are earned, and expenses are recognized when the are incurred Fixed Assets: Fixed assets used in Governmental Funo Type operations (general fixed assct~ are accounted for in the General Fixed Assets Account Group, rather than in the Government; Fund Type No depreciation has been pmvided on general h:~d ;J';sets All fixed assets are valued at historical cost, or estimated histo;-il;al cost if actual historical cost not available Public domain (infrastructure) general fixed as~,ets consisting of certain imprC''.l ments other than buildings, including water rnanagemcllt facilities, roadways, water, se\....cr, in gation, landscaping, drainage, lighting and sidewalks are capitalized Investments: Investments are stated at cost or arn')r1ized cost 9 I I I I I I I I I I I I I I I I I I I 1 6G 3 Notes to General Purpose Financial Statements, Continued 1. Summary of Significant Accounting Policies, conti nued Budgets and Budgetary Accounting: The District has adopted annual budgets for the (It:ncral and Debt Scrvice Funds. The District follows thesc procedures in establishing budgetary data for the General and Dcbt Service Funds I. DUlil~g the summer of each year, the District managl:ment submits to the Board of Su- pervisors a proposed operating budget for the fisc3! YC,H commcncing on October 1 The operating budgct includes proposed expenditures (lnd the mcans of financing them 2. Public hearings are conducted to obtain taxpayer comment:; 3. The budget is adopted by approval of the Board of Supcnlsors 4. Estimated beginning fund balances are considered in the t'udgetary process. but arc not included in the financial statenlents as b:udgeted revenue , 5. The budget is adopted on a basis consistent \'vith gcneraily accepted accounting prInci- ples, except as discussed in Note 8 I 6 Expenditures may not legally exceed appropriations Jt the fund level 7. Budget amounts, as shown in these financial statements. are as originally adoptcd Ill. as amended by the Board of Supervisors 8. Appropriations lapse at year-end Encumbnwces: Encumbrance accounting, under which purcha:c ord(~rs, contracts and other commitments for tbe expenditure of monies are recorded in order to reserve that portion of th( applicable appropriation, is not employed by the District because it is at present not necessary te assure effective budgetary cor.trol or to facilitate effective cash pla:lning and control Tatal Columns on Combined Statements: Total columns (lll the co~bined statements ar< captioned "Memorandum Only" to il~dicate that they arc presented onlyt to facilitate flnanCl:l analysis Data in these columns do not present financi.j\ position or results of operations in Call formity with generally accepted accounting principles Neither s such data comparable to . consolidation hterfund eliminations have not been made in the aggregation of this data I 10 _..--.___..__~_______---__r-_-"- .-_.- I ,I I I I I I I I I I I I I I I I I I 1 6G 3 Notes to General Purpose Financial Statements, Continued 1. Summary of Significant Accounting policies, continued Special Assessments: The provisions of Florida Statutes Chapters 170 and 190 allcw>, the Dis- trict to levy special assessments Special assessments are generally levied each year after formal adoption of the District's budget The Collier County, Florida, Tax Collector's oflice bills and collects special assessments in the form of property laxes on behalf of the District Prnperty taxes are levied on November 1 of each year and are due and payable upon receipt of the noti-:c of levy Property tax revenues are recognized currently in the li~;cal year the taxes arc k\il'd On April I of each year, unpaid taxes become delinquent D.;~linqucnt taxes are collected through the sale of ta>: cer1ificates which are sold at public auction prior to June I The pro- ceeds collected are remitted to the District At September 30, \ ')06, delinquent taxes arc not material to the general purpose financial statements of ille District and. therefore, have not becn accrued as taxes receivable as of the balance sheet date Special assessments are recognized as revenue when levied to the extent that they result in current recei\'aoles 2, Cash and Investments: Deposits: At September 30, \ 996. the carrying amounts of the District's deposits \, ere $100,372, and the bank balance \vas $\ 16,546 These deposits were entirely covered by federal depository insurance or by collateral pursuant to the Florida Security for Public Deposits ..\ct (Florida Statutes Chapter 280). All District depositories are banks or savings institutions designated by the State Treasurer as qualified public depositories. Chapter 280 of the Florida Statutes (Florida Security for Public Deposits Act) provides procedures for public deposits to inSure deposits in banks and savil;g5 and loans are collateraiized as public funds. Financial institutions qualifying as public depositofles shall depOSit wnh the Treasurer eligiblt collateral having a market value equal to or in excess of th{; average daily balance times the de pository collatend - pledging level required pursuant ro Chapter 2S0 as computed and rcpOl1cc monthly cr 25 percc:1t of the average monthly balance, \...hichc,cr i:; greatcr The Public Dcposi Security Trust Fund has a procedure to allocate and fCCOVC. losses in the event of a default 0 insoivency. When p~!blic depos.its are made in accordance \-I'iih Ch:lpter 280, no public dl:poslto shall be liable for any loss thereof Chapter 280 defines dq)oslts ::IS time deposit accounts, de lTland deposit accounts, and certificates of deposit Investments: Florida Statutes authorize investments in obligations of the U.S Government \) obligatiorls which are unconditionally guaranteed by the U S Government, certifIcates of dcpos and savings accounts, repurcna::c agreements, and the Local Cio\'ernment Surplus Funds Tru~ Fund adrrinistered by the Florida State Board of Administration Certificatl~5 of deposit, savings accounts and bank balances whose \'alues exceed the amoul1t ( federal depository insurance are collateralized pursuant to th~ Florida Security for Public Depo its Act ~ 11 ~~., ~ _ ~...-..-. ,.,,___ "Vl~~.~,_~......~-!IftIII',-"-n-~- . ~.~ -.. --_.,,---- I I I I I I I I I I I I I I I I I I I ... ~ 6G 3 Notes to General Purpose Financial Statements, Continued 2. Cash and Investments, continued The District's investments are categorized below to gIve an indication of the level or risk JS- sumed at year-end Category 2 is defined as deposits and investments held by pledging financial institution's trust department or agent in the District's name _~at~~_ Carrying 2 Amount Approximate Market Value Money market accounts U.S. Government securities $ 3.528,220 ~'-~ 11.4~l_ S 3,528,220 $ 3,528,220 __~~1,431 ~.2Q~~l_ $ 7.939.55~ 7,939,651 8.032,661 Not Categorized. Local Government Surplus Funds Trust Fund Pensi:m Trust Fund 434.596 434.596 ____25,584 ___-.16,9_~_ $ 8,399,831 ~_8,494, 193 . Not C<ltegorized because it is not evidenced by securities that exist in physical or book entry form 3. Change!) in General Fixed Assets: The summary of changes in general fixed assets for the year ended September 30, 1996 is as follows: Balance October 1, 1995 Additions Balance September 30, Deletions 1996 Machinery and equipment $ 28,999 $ 151,613 $ 0 $ 180,512 Land improvements 28,090,909 _.lJ.9}-, 560_ 0 _~2.~,469_ -..------- ~ 28,119,9~8 Lld1~1J3., l.~ 0 i.. 29.435,081 12 I I I I- I I I I I I I I I I I I I I l~ t .. ,.,' J ,.. I . t: I. . t... ~." to. ' ." . ~ I I,." . , t .. .'1. ~ f .. j .. ".' ~ '" ' I 1 6G 3 Notes to General Purpose Financial Statements, Continued 4. General Long-Term Debt: The following changes in g.;:nerallong-term dcbt occurred dur:ng the year ended Scptember 30, 1996: Long-term debt payable, October 1, 1995 $ 39,670,000 Increase in lease equipmepl Principal retirement 148,9i9 _l1..~~~_..?~~ Long-term debt payable, September 30, 1996 S 38,423,13f5 General long-term debt is comprised of the following Special Assessment Revenue Bonds: Special Assessment RevenLle Bonds, Series 19v1 and 1993A. interest at 9% and 88%, respectively, maturing through October 2011, $ 27,750,000 Special Assessment Revenue Bonds. Series '1993B, interest at 8B%, maturing through October 2015. 10.565,000 Capital Lease Obligations: Capi,allease obHgatiof'\ coiiateralized by equipment and trailer, interest at 9,56%, maturing through 1998, r:lonthly payments of $42,l),)2 ir,eluding interest, 49,155 Capital lease obligation collateralized by vehicle, inlE.:~est <116%, maturing through 1999, monthly payments of $694 including interest 20.575 Capital lease obligation collateralized by vehicle, interest at 6%, maturing through 1999, monthly payments of $400 including interest 12,124 Capital lease obligation collateralized by dump truck, m!eres! ,IT 74%, maturing tllrough 1998, monthly payments of $483 including interest. 14,490 Capital lease obligation r..ollateralized by equipment and trailE:r, interest at 7.4%, maturing through 1997, monthly payments of $1,524 ll'Icluding Interest. ____1J..JS1 Total general long-term debt $ 38,423.130 13 I I I I I I I I I I I I I I I I .11 I I .~~_,,;_' f " ,', ~'_.., .,: _t' .,' """ . ". .111)'~',,' ..... " .;. ~, ,... . . ." ". j '. ~.' 1 6G 3 Notes to General Purpose Financial Statements, Continued 4. General Long-Term Debt, continued The following is a summary of the activity of the bonds outstanding at September 30, 1<)<)6 Special Assessment Revenue Bonds Sl~ries 1991 and 1993A Special Assessment Revenue Bonds Series 19938 Bonds payable. October 1. 1995 $ 28,510,000 $ 11,160,000 Bond principal payments 760.000 595,000 --------~_._----- --------.------ Bonds payable. September 30. 1996 $ 27,750,000 $ 10,565,000 Original date of obligation May 1.1991 (1991 ) June 22, 1993 June 28, 1993 (1993A) Final maturity date October 1. 2011 October 1, 2015 Bonds outstanding at September 30, 1996 matLlie in varying amounts during succeeding tisca years through 2015. The interest rate on the 1991 bonds is 90/0. The interest rate on the 1993) and 1993B bonds is 8.8%. The following are the annual requirements to pay bonded indebtedness outstanding a September 30, 1996: Series X 991 and 1993.1\ Bonds: Year Ending _S~~rnber ~~ __~i..n~~~_ Interest Total - --~- ------ ---..----- $ 790,000 $ 2,453,480 $ 3,248,480 860,000 2,386,220 3,246.220 935.0eO 2,315.445 3,250,445 1,020,000 2.215,473 3,235,473 1,100,000 2,119.621 3.219,621 ~~45.000 ~3.~~6,7~ _ 36,881.731 $ 27,750,000 $ 25.331.970 $ 53,081,970 'I" r,~; - 1997 1998 1999 20JO 2001 2002 - 2011 14 I I I I I I I I I I I I I I I I I. I I ,"~. .'.... .:. ~..'.~.~":'t ~~ 'hl..'~:':':'~"::''''';/ Notes to General Purpose Financial Statements, Continued 4. General Long-Term Debt, continued Series 1993B Bonds: Year Ending September 30 Interest _Pri~cp~ $ 245.000 230,000 250,000 270,000 295,000 _~175,OOO S 918.930 8~18,030 876.910 854.040 827,150 __ __L3 7~.I~_ 1997 1998 1999 2000 2001 2002 - 2015 S 10.565,000 S 11,747,940 I Total $ 1,163,930 1,128,030 1 .126,910 1.124,040 U22.1 SO _~~4_Z_J80_ ~ ?2_.312,840 Payment of the principal and interest on bonds outstanding is collateralized by special assessments The proceeds of the bonds are being used tG finance capital improvements, including drainage systems, roadways (including sidewalks, landscape and light:r.g), and water, sewer and irrigation facilities The proceeds are not permitted Iu be used for operation and maintenance of these facilities The Series J 993 A Bonds arc subject to redemption at the option of the District on or after Oc- tOber J, 200 J, in whole at any time or in part or any interest payment date, in denominations of $5,000 N any integral multiple thereof at the redemption price stated below, plus accrued inter- est to the redemption date: ____ Rede.!!!,Etion Period October 1, 2001 through September 30, 2002 October 1, 2002 through September 3D, 2003 October 1, 2003 through September 3D, 2004 October 1, 2004 and thereafter Redemption Premium 103 % 102 % 101 % None The Series 19938 Bonds are subject to redemption at the option of the Distlict on or afte October 1, 2003, in whole at any time or in pal1 or 11r.] interest payment date, in denomination of $5,000 or any integral multiple thereof at the redemption price (stated as a percentage 01 th, principal amount to be redeemed) stated below, plus accrued interest to the redemption date Rede~ption Per,iod Octoter 1. 2003 through September 30, 2004 October 1, 2004 through September 30. 2005 Oclober 1, 2005 through September 30, 2000 Oclober 1, 2006 and thereClfter Redemption Premium 103 % 102 % 101 % None 15 I I I I I I I I I I I I I I I I I I I 1 6G 3 Notes to General Purpose Financial Statements, Continued 4. General Long-Term Debt, continued Bond Resolution: The bond resolutions of the bond issues established certain accounts and de- termined the order in which certain revenues are to be dcpo~it('d into these accounts In <lddi- tion, there are varlou-. re"trictive <:()"en~nt<: ;r\f:I'lrl~d in lh~ r(~<';f1"I!i()n\; The Di,tr;cr (Of/It':"'" In all material respects with these covenants Future minimum lease payments under capital \eases as of September 30. 1996 are as 1'0110\\"5 Year Ending _~tember 30 1997 1998 1999 56,046 44,053 18,185 118,284 (10,148) $ 108,136 s Less amount representing interest 5. Related Party Transactions: Lely Development Corporation is a major land developer within the District. During the ye3f ended September 30, 1996, Marlene Meade was employed by Lely Development Corporation and served as assistant secretary of the District and member of the Board of Supervisors In November 1995, the landowners of the District elected to the Board of Supervisors Joe Ryan, Ted Biggs, and Bill Senkovic.h, all of whom arc employed by Lely Development Corporation or its affiliates. 6. Employee Benefit Plan: Under the authority of Florida Statute 190-011 (3), the District has a single-employer defined contribution qualified pension plan, which is available to all District employees upon completit)n of one year of service, The plan provides that the District will comribute 6% of an emp!oyct'S annual salary, and the employee has the ability to contribute an additional 4%. Vestjn~ cc::ur~ 20% per ye:ir after one year of service Forfeitures are used to reduce the Distri(:t's contribu- tion. The total payroll for employees c0vered by the plan for the Yt:ar ended September 30 1996 was $207)36; the District's total payroll was $2.98,781 for the same period The D!stric contributed $12,255 fN the fiscaj year ended September 30, 1996 1S I" I I I I I I I I I I I I I I I .1 I I ..:' \ ~. ..;, ~. ~ .l''' (' l ~ . j '.' :. { ~. '. 1 6G 3 Notes to General Purpose Financial Statements, Continued 7. Establishment of Pension Trust Fund: During fiscal year 1995, the District funded its employee benefit plan through contrihut ions to a trustee, During fiscal year 1996, the District established a Pension Trust Fund to account for these contributions, The amounts contributed during 1995 have been shown as an adju5tmcnt 10 beginning fund balance. 8. 8~dget to Actual Differences: Budgets are adopted on a basis consistent with generaliv accepted accountmg principles (GAAP) except as follows: General Fund: Excess of revenues and other financing sources over expenditures (GAAP basis) s 68,878 Basis differences: Capital lease payments not budgeted as debt service (48,846) Capital lease payments budgeted as operating expenditures 413,846 Proceeds from capital lease not budgeted 148,919 Capital outlay for capital lease not budgeted (148.919) L- 68,878 Excess of revenues over expenditures (non-GAAP budgetary basis) 17 I ..... :., ... " ' . - ~.'., , ~: ,. t '~.l Ij I I I I I I I I I I I I I . I 1 I I I , I I 1 6G 3 SUPPLEMENTARY INFORMATION I I .1 I I I I I I I I I I I I I I ,", I I Lely Community Development District 1991 and 1993A Special Assessment Revenue Bonds September 30, 1996 Original authorization Balance outstanding, October 1, 1995 Current year additions Current year retirements Balance outstanding, September 30, 1996 Date of issue Maturity range Principal payment date Interest payment dates Denomination Interest rates 1 6G ~ 33,S8(~-'.OOO-= S 28,510000 o __Q60, OO~. S 27,750.000 May 1, 1991 (1991) June 28, 1993 (1 993A) 1996 - 201 1 October 1 October 1 and Apfll 1 s 5.000 90% (1991) 8.8% (1993A) Paying agent First Union National Bank of Fiorida Jacksonville, F :orida 18 I I I I I I I I I I I I I I I I I I I 1 6G 3 Lely Community Development District 1991 and 1993A Special Assessment Revenue Bonds - Debt Requirements September 30, 1996 Matu~!..!..Lf!.e9.~ i reme nts Maturity Balance Date Principal Interest Total ...2~-.!~t(indin9.. ---- -~------ 09-30-95 $ 0 $ 0 $ 0 $ 27,750,000 10-01-96 790,000 1,323,570 2,113,570 25,960,000 04-01-97 0 U34,900 1,134,900 26.960,000 10-01-97 860,000 1,288,020 2,148,020 26,100,OOQ 04-01-98 0 1,096,200 1,096,200 26,100,C'00 10-01-98 935,000 1,249,320 2.184,320 25,165,000 04-01-99 0 1,054,125 1,054,125 25,165,000 10-01-99 1,020,000 1,207,245 2,227,245 24,145,000 04-01-00 0 1,008,225 1,008,225 24,145.000 10-01-00 1,110,000 1,161,345 2,271,345 23,035,000 04-01-01 0 958,275 958,275 23,035,000 10-01-01 1,215,000 1,111,395 2326,395 21,8;:0,000 04-01-02 0 903,600 903,600 21,820,000 10-01-02 1,320,000 1.056,720 2376,720 20,500,000 04-0 '-03 0 844,2~O 844,200 20.500.000 10-01-03 1,445,000 997,320 2,442,320 19,055,000 04-01-04 0 719,175 779,175 19.0~5.000 10-01-04 1,570,000 932,295 2,502,295 'i7.4 8 5 .000 04-01-05 0 708,525 708,525 17.4&5,000 10-01-05 1,710,000 861,645 2,571,645 15,71'5,000 04-01-06 0 631,575 631,575 15,775,000 10-01-06 1,865,000 784,695 2,649,695 13.91 (l,aaO 04-01-07 0 547,650 547,650 13,910,000 10-01-07 2,035,000 700,770 2,735,770 11.875,000 0-1-01-08 0 i\ 56,075 456,075 11,875,000 10-01-08 2,215,000 609,195 2,;324,195 9.660,000 04-01-09 0 :256,400 356,400 9,660,000 10-01-09 2,415,000 509,520 2,924,520 7.24S.00C 04-01-10 0 247,i"25 247,725 7,24S,OOC 10-01-10 2,635,000 400,845 3,035,845 4,610,OOC 04-01-11 0 129,150 '129.150 4,610.0De 10-01-11 4,610,000 .._~t?~~7D... _~~..s~.~ ( $ 27,750,000 $ 25,331.9-'0 $ 53,081,970 - - - 19 I I I I I I I I I I I I ..I I I' I I J.', I I Lely Community Development District 19938 Special Assessment Revenue Bonds September 30, 1996 Original authorization Balance outstanding, October 1, 1995 Current year additions Current year retirements Balance outstanding, September 30, 1996 Date of issue Maturity range Principal payment date Interest payment dates Denomination Interest rates Paying agent 20 1 6G 3 S 12.860,000 $ 11,160.000 (I __.J~_9 5. Q.Q.Q2 ~ 1 0 :..56 ~_o~.Q= June 22, 1993 1996-2015 October 1 October 1 and April 1 S 5.000 88% First Union National Bank. of Florida Jacksonville. Florida .....-..--.....' .-..--. -p -...--- 'I I I I I I I I I I I I I I I I I I I 1 6G 3 Lely Community Development District 19938 Special Assessment Revenue Bonds - Debt Requirements September 30, 1996 Mat u !.!!.YJ3~.<1 u i re_me 0!~___ ________ __ .----. Maturity Balance Date Principal Interest Total .Q'!~~ tan ~i_n_~L --- ~ .-----.------ 09-30-96 S 0 $ 0 S 0 S 10, :'65.000 10-01.96 245,000 467,960 712,960 10,2,20.000 04-01-97 0 454,080 454,080 10,320,000 10-01-97 230,000 454,080 684,080 10.090000 04-01-98 0 443,960 443,960 10,OSlO.00O 10-0. -98 250,000 443,960 693,960 9,840.000 04-01-99 0 432,960 432,960 9,840.000 10-01-99 27C, )0 432,960 702,960 9,5i'0.000 04-01-00 0 421,080 421,080 9,5i8,000 10-01-00 295,000 421,080 716,080 9,275.000 04-01-01 0 408,100 408,100 9,275.000 10-01-01 320.000 408,100 723,100 8,955.000 04-01-02 0 394,020 394,020 8,955,000 10-01-02 350,000 394,020 744,020 8,6U5.000 04-01-03 0 378,620 378,620 8,605,000 10-01-03 380,000 378,620 758,620 8.225,000 04-0; -04 0 361,900 361,900 8,225.000 10-01-04 415,000 361,900 776,900 7,810,000 04-01-05 0 343,640 343,640 7,810,000 10-01-05 450,000 343,640 793,640 7.360.000 04-01-06 0 323,640 323,640 7,360,000 10-01-06 490,000 323,640 a 13,640 6,370,000 04-01-07 0 302,260 :102,260 6,870.000 10-01-07 530,000 302,260 832,260 6.340.000 04-01-08 0 278,960 278,960 6,340.000 10-01-08 580,000 273,960 8503,960 5,760000 04-01-09 0 253,440 253,440 5.760.000 10-01-09 630,000 253,440 883,440 5,130.000 04-01-10 0 225,720 225,720 5,130.000 1 0-01-10 690,000 225,720 915,720 4,440,000 04-01-11 0 195,380 195,350 4,44C,OOO 10-01-11 745,000 195,380 940,380 3,69S.0nO 04-01-i2 0 162,580 162,580 3,695.000 10-01-12 810,000 162,58Q 972,580 2,8eSOOO 04-01-13 0 128,940 128,940 2,885.000 10-01-13 885,000 128,940 1,013,940 2,OQ(\.C,OO 04-01-1~ 0 88,000 B8,OOO 2,000,000 1()'-O1-14 960,000 88,000 1,048,000 1,04('000 04-01-15 0 45,760 45,760 1,040,000 10-01-15 .__~040,OOO __~l~ _ ~ 1,Q~~JGO 0 $ 10,565,000 $ 11,754,040 ~ 22,31_9,040: 21 I", I", I I I I I I I I I I .1 I I I I I I \ Coopers 'I &Lybrand Coopers & Lybrt'nd L.L.P. 1 6G 3 I r" (\1/ ",; ~;](I", l . ,/ ~~', r: I '. I ". Independent Accountants' Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Board of Supervisors Lely Community Development District Naples, Florida We have audited the gC:leral purpose financial statements of the Lely Community Developnwl1t Dis- trict at September 30, 1996 and for the year then ended and have iSSUE:d our rcpOr1 thereon dat\:d De- cember J 3, 1996 We conducted our audit in accordance with generally accepted auditing standards and (j()lI'lIIml..'lI A lidiling Standards, issued by the Comptroller General of the United States Those standards ,cquin that we plan and perform the audit to obtain reasonable assurance abcut whether the general plJrpOSl financial statements are free of material misstatement The management of the Lely Community Development District is responsible for establishing an< maintaining an internal control structure, In fulfilling this responsibility, estimates and judgments b management are required to assess the expected benefits and relat(~d costs of internal control structur policies and procedures The objectives of an internal control stf\.lct'Jre are to provide manal{,emen with reasonable, but not absolute,. assurance tnat a~sets are safeguarded against loss from uTO?uthor ized use or disposition, and that transactions are executed in accord?,l\ce with management's author; zation and recorded properly to permit the preparation of financial statements in accorda;Kc wit generally accepted accounting principles Because of inherent limitations in any internal:ofM( structure, errors or irregularities may never1heless occur and not be dc:tected. A.lso, projectioli of;}r: evaluation of the structure to future periods is subject to the risk that procedures may become inadl quate because of changes in conditions or that the effectiveness of the design and operation '.11' pol cies and procedures may deteriorate In planning and performing our audit of the general purpose financial :;tJ~cments of the Lely C omml nity Development District for the year ended September 30, 1996, \,'e obtained an understanding the internal control structure, With respect to the internal contlol structure, we obtained an unde standing of the design of relevant policies and procedures and whcthu they have been placed in 0 eration, and we assessed control risk in order to determine our auditing procedures for the purpose expressing our opinion on the financial statements and not to provide an opinion on the internal co trot structure. Accordingly, we do not express such an opinion 22 CO~)~:t"S ~ L'~'c'a"'a t. L P ;., rhJ'S:t::.(>o :.(1- led i:l1bi:,ly panf"E'rs....~: ~.., ........,e...-....Qt-'. j,..~ a' C ;,(,~;,t"~, ,". \ .,~,'l' c: ; !~'L""",a:lor'aj) I I- I I I I I I I I I I I I ,', I I I I I --.-.-....~......__.. .-.... .--..-.....-- . 1 6G ~ ./ Our consideration of the internal control structure would not necessarily disclose all mattcrs III till.: in- ternal control structure that might be matcrial weaknesses under standards establishcd by the .\l11cri- can Institute of Certified Public Accountants A material weakness is a condition in which ll1t.? design or operation of one or more of the specific internal control structure clements docs not rl.:dll(C to a relatively low level the risk that errors or irrcgularities in amounts that would be material in rel:nion to the general purpose financial statements being audited may occur and not be detected WIth\!1 ;\ timely period by employees in the normal course of performing their assigned functions \Ve noted :1\1 mat- ters involving the internal control structure and its operation that \YC consider to be materl.!! wl:ak- nesses as defined above This report is intended soiely for the Lely Community Development District, the Auditor CJ\'llcralol the State of Florida and other state and federal audit agenclcs Ilo\l'cvcr, this rep0rt is a Il,;lltcr () public record and its distribution is not limited ~/~~ L.L./ Fort Myers, Florida December 13, 1996 23 I I I I I I I I I I I I I I I, I I I I rl'~ -.--.......--..--....-. .....--..-.----..-.....- ..............-....-_. ._ __'loC.~.'" \ Coopers \ &Lybrand Coopers & Lybrand L.L.P, 1 6G 3 ~ C':)"~5S O.',j ~,er... Cf'.' ,.. Independent Accountants' Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Board of Supervisors Le!y Community Development District Naples, Florida We have audited the general purpose financial statements of thc Lcly Community Dcvclop!ilcnt Dis- trict at and for the year ended September 30, 1996, and have issued our report thereon dated Decem, ber 1 J, ] 996. We conducted our audit in accordance with generally accepted auditing standards, (;',)\'l'rt!!II('II, Auditing Standard\' issued by the Comptroller General of the United States an:i Sectior ] 1 45(3)(a)4., of the Florida Statutes. Those standards require thdt we plan and perf(:mn the audit te obtain reasonable assurance aL}ut whether the general purpose financial statements are free of mate. rial misstatement. Compliance with iaws. regulations and contracts applicable to the L.cly Community Development Dis, trict is the responsibility of the District's management As pan of obtaining reasonable :1SS11ranC( about whether the general purpose financi31 statements are free of material misstatement \\e per. formed tests of the District's compliar.ce with cenain provisions of la',lis, regulations and I.'ontracts However, the objective of our audit of tbe tlnancial statements was not to provide an opli":ion or overall compliance with such provisions Accordingly, we do not cxprE'ss such an opinion The results of our tests disclosed no instances of noncompliance the,! are required to be rcportcc herein under Covemmt'n! A IIdiling StaJ1dard\' However, Wf~ noted cenain matters involving compliance that we have reponed to the Di~! lIet 111 ; Sep;Jfate letter dated December 13, 1996 This report is intended SOlely for the use of the Lely Community Dcv;:lopmert District, the :\'Jdl10 General of the: State of Florida and other federal and state audit C\gencies However, this Tepon is ; matter of public record and its distribution is not limited. ~ 1./. I 0 ~~~~~ L..L.J, (J Fort Myers, Florida December 13, 1996 24 c<.yg....., ^ y~'Ct,.~ ~_ r -~. .-~ "f'," . 't.,",: .1rJ . ~ "\.,. .,' :" : ,,"' :", . . . ',." d' 'J',; I I I I I I I I I I I I I I I I I I I I ~__.... ~;""""""'_M"II -.............-...M....Ii~ \ Coopers I &Lybrand Coopers & Lybrand L.L.P, 1 6G .1IlfOjpo;,.,j)(l,11 ::.;pr...,( ,", 1"1' Report on Compliance with Certain Bond Terms, Covenants, Provisions and Conditions Board of Supervisors Lely Community Development District Naples, Florida We have audited, in accordance with generally accepted auditing stilndards and (]o\'cmf11('JI! A IllllI/lI,l S!andard'i, issued by the Comptroller General nf the United States, the general purpose financia statements of Lely Community Development District (District), as or and for the year end.:d Sqltcm ber 30. i 996 and have issued OlJr report thereon dated December I J, 1996 In connection with our audit, nothing came to our attention that caused us to believe that there \I,a an event of Default as defined by Section 8 0 I of the aut horizing resoiution for the Special Assess ment Revenue Bonds, Series 1991, 1993A and 1993B insofar as they relate to accollnting matter noted in Sections 6 and 7. However, our audit was not directed primarily toward obtaining know\ edge of such noncompliance This report is intended solely for the lIse of the Lely Comrllunity Development District, the Audile General of the State of Florida and other federal and state audit agencies and should !lot be used fo any other purpose However, this report is a matter ofpub!ic record and its distribution is not 1:mitcr: ~ ~ /jd-.;I L.(..;' Fort Myers, Florida December 13, 1996 25 COO:JPfS & l.yb'f1n(J L L P ;1 ft:~,c,'L'r(-,(l r~-',I~eCl \Iabli,!y ll.1"'~pr~~' ';-J ',.i '~',I:mr)I;' +,rt-'l of C0',-l[)!"S R. ~_\'r,'[:~'-~-: (I".crrat'of~~ll! ,I I I I I I I I I I I I I I I I I I I II Coopers , &Lybrand Coopers 8. LybrAnd L.L.P. 1 6G I ,=t ~rolf't.;"" ," Sf:'~' ,'" .-...., . .,. Board of Supervisors Lely Community Dcvelopment District Naples, Florida In connection with our audit of the general purpose financial statements of thc Lely Commu:1ity De- velopment District (the "District") for the year ended September 30, 19C)(,. we arc submitting the fol- lowing comments and recommendations in accordance with Chapter \ 0 SSO "Rules of the Audilor General _ Local Governmental Entity Audits" (revised September 30, 19(6) ancl Seetio!' 11 45(3)(a)4., of the Florida Statutes. PRIOR YEAR COMMENT WHICH CONTINUES TO APPLY Trustee Should E:;tablish Accounts in Accordance with the Bond Resolution or Obtair Waiver Section 6.01 of the 1991, 1993A and 1993B Special Assessment Revenue Bonds require the es tablishment of a General Subaccount within the Redemption Accounts Any excess in the Re serve Accounts and excess collections of annual installmcnts of special assessmcnts are requirc, to be transferrcd to the General Subaccounts for future use in ac,:ordancc with the resolution The General Subaccount is also used to fund shortfalls, if any. in the Current Debt Sel\/ic Accounts. Per discussion with the Trustee, tne General Subaccount has nnt been established. Rath~r. an excess amounts are transferred directly to the Currcn~ Deb', SCI\'iee Accounts We m:ornmen the General Subaccount be established or concurrence ob:amcd from the bondholder:. or kg; counsel to continue :0 omit the General Subaccount CURRENT YEAR COMl\1E~TS None. We have induded in this letter all comments which came to our attention during the coursc of 01 audit regarding Items 1 through 10, as applicable, of the "Rules of the Auditor General - Local Go ernmental Entity Audits," Rule 10.554, Section (I)({) In regard to Item 3, nothing came to our c tent ion to cause u~ to believe that at any time during the year the DIstrict met any of the criteria f being in a state of financial emergency as defined in Florida Statute 218 S03( 1) Additionally. ir. r gard to Item 4, we represent that the financial report filed with the Department of Banking and 1 nance, pursuant to Florida Statute 2I832( 1 )(a), is in agreement with the annual financial audit rep< for the same period 26 C J' )L~es P, l'_fY.1~\-~ l . ;.' '1 ":~J ".1:....11 '" ~e(] ",-1l) ~t t:>.:t......t_..:: :" <., j '''''',( 0.-: ,.., I.., "l ' . I ,.".....;;;-0.-,1" I I I I I I I I I I I I I I I I ,I I I ~.-- ~ v .......A&a.1.........,. ~ 1 6G This report is intended solely for the use of management and the Auditor General of the State of Flor. ida and should not be used for any other purpose However, this rcport is a matter of public rc(on and its distribution is not limited ~1#-~~?t.1 Fort Myers, Florida December 1 3, 1996 27 .. _. ." ". .. :,01 ,t,.,.;+. " ',a. ", . :,...\' )',' i . . '[0' I', '.' 4 ~ . ' ;. .. " . 1 6G 3 MEMORANDUM ~'iSC' Correspondence Agenda Date , .A.genda Item II- ~t:CE ~.P~: i-, \997 TO: Sue Filson, Administrative Assi.stant Board of County Commissioners ~r_, 1 r . .....'1 ). FROM: Derek Johnssen, Goneral Accounting Manager CierI< of the Circuit COUli/Financa Department ('. DATE: April 10, 1997 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension B516 with the date and Miscellaneous Correspondence agenda item number. ..S9uth AOOda Water M~ ~ Pursuant to Florida Statutes See, 189.418, the South Florida Water Management District has submittad the following: 0 1. Minutes of Monthly Meetings held by the Governing Board of the South Florida Water Management District for the following dates: (a) February 12, 1997 (\Norkshop) (b) March 12, 1997 (VoJorkshop) (c) April 10, 1997 2. The Comprehensive Annual Financial Report and Related r,.-1anagement Letter for fiscal year ended September 30, 1996. 3. A list of the Dist~ict's scheduled Governing Board meek\9s. 4. A map of the District which shows all county boundaries within the District. 5. Public Facilities Report Update. M'lse. Cones: Thank You. 67 re !C?7 . . I ~ .q- , ~ ~ Date: n '\spoclal\ spoclal Item# Copies To: '. , .."...... .',: 'I. v----lP1_ GOVERNING BOARD MEE1"'ING Open to the publir AGENDA 1 6G 3 Governing Board Work~shop Wednesday, February 12, 1 ~l97 Lee County Port Authority Training Facility Southwest Florida International Airport 16000 Chamberlain ParkWay S.E. Fort Myers, FL 33913 Note: Any item which appears on the Regular Meeting Agenda of Thursday, February 13, 1997, may be an item for discussion on this Workshop Agenda CALL TO ORDER Welcoming remarks - Chairman Boyd and local commissioners 900 1. Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda 905 2. Presentation of Southwest Florida Issues Chip Merriam, Director, Ft. Myers Service Center 9:35 3. Presentation of Collier/Basin Issues Clarence Tears, Administrator Big Cypress Basin 10:00 4. Planning Department Presentation of Lower West Coast "'Jater Supply Planning Implementation Dean Powell, Deputy Director, Planning Depan'ment 11:00 5. Presentation of the Southwest Florida Focus Group and Discussion of Adooting Works of the District John Manning, Southwest Florida Focus Group 12:00 Lunch '.C) _J -.., i \ r1 -- ClJ r,) - - --r) - 1 Z;3q" .,6. f'res~lq~j90.8Y ~~,~~~t,l,~~I"flr.r,Yp)X, yvater Control Distri~t 1:00 7. PUBLIC COMMENT ,II ,,~ .::- , 'i,#-.,J-_ .. ; :'~l' .,. ..- ". I; _ '. 'I' " . .;" .., ~ _ . l, . : .:::M.!f.~ 1-.__ :1 1 bG s,' ... Governing Board Wor1cshop February 12. 1997 Page 2 2:00 '} 2:15 3:00 4:30 5:00 Presentation by Gulf Citrus briefing Governing Board on Citrus Tour Board Buses for Citrus Tour Arrive at Packing Plant for Tour Travel to WPB Dinner ADJOURNMENT Ili" -_.-...~.""'~ li..--I ~j..' .I.....~~. ,'1',' "'~:t; 1ft ~~,' - - 6:.:. \ r _~,_ . ~South Florida 'Water Management District .' GOVERNING BOARD MEETING 1 6G 3 Open to the Public ./!\GEN'DA "".. ~"OVERN\NG BOARD MEETING Thursday, February 13, 1997 8:30 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, Florida No'" Aoy.em....ch _at on rh' """'09 Agenda 01 Wedoe,day. Feb'"''Y 12. 1997. o~y be so ;"m '01 d;'="" 0' ,,""" on rh;s """09 Agenda All 01 pB" 01 <his """D09 may be conducled as' ",,,,,,,,,,,,,,,,,,;0 oro" 10 "".m' m"mum p.3rtJCfpatlOO of Goveming Boan:! Members. CALL TO ORDER A Invocation: Curtis Osceola B. Pledge 01 Allegiance to the Flag of the United States of America C. Approval 01 the Minutes 01 the Governing 80am Wo!1<shoP of January 15. 1997 and the Governing Board Regular Meeting of January 16, 1997. MORNING AGENDA APPROVAL A. Additions. Deletions, Substitutions B. Abstentions GOVERN\NG BOARD ME.ETlNG SCHEDULE 1. Consider Schedule for upcorni1g Meetings. 2. consider Tentative Agenda for March Wol1<shop. .._ ._. _"'...----.--...",...."'11 . ...."........~ J~. _.~.o:"....~OIIP...._"u.......1";A\......~~~ 1 6G Gt..... B4.d INItinQ Ftbmry 13. 1997 hoe 2 A. hIllb.. flf .....L 8. Iktlt_ t. a."r.w die c.u.1It a..1l41 axlllf1 fer hi.. p_"-4 fM .......Ir.s,'*' .. '- ,ouidmti I1r . s.d taRt tJrIlM, ".. .,.t4J BUDGET OFFICE 3. Approval of Budget Transfers. 4. Authorize an amendment to a cooperative agreement with the Palm Beach County Board of County Commissioners and the Palm Beach County Property Appraiser for the completion of a GIS base parcel map for the Everglades Agricultural Area to extend the completion date by five months to June " 997 at no additional cost to the District retroactive to December 31. 1996. (Contract No. C-6965-A2) 5. Approve the Budgetary and Financial Control Policy (Policy #03.20700), as it was submitted for review and discussion at the January 15. 1997 Audit Committee Meeting. EXECUTIVE OFFICE 6. Acceptance of the 1997 Revision of the District's Comprehensive Management Plan. MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION 7. Authorize rule development concerning the repeal of the District's Salary Administration rule (Docket No. 97-' pl. This rule is to be replaced with a new policy based upon performance partnerships. 8. Consider adoption of the 1997 Equal Opportunity Plan. 9. Authorize the sale of surplus equipment to the highest bidder and subsequent removal of items sold from the property records. 10. Authorize amending a revenue contract with J.R. Trucking for the sall~ of 9,500 cubic yards of surplus spoils material to extend HIe contract, retroactive to August 22, 1995, through August 31. '1997. (Contract Number C-6449-A 1 ) " ~~""-~;..~~""'''''......,.,.., 1 6G 3 Gewning a.ant Meeti1g F*1aary 13. 1997 PIge 3 OFFICE OF COUNSEL 11. Authorize amending 8 contract with Popham, Halk, Schnobiich, and Kaufman for legal services and representation In support of the District's defense in legal challenges to the Everglades Restoration Program, to extend the contract for an additional three years and amend the scope of work to include complex litigation matters with no increase in funding. (Contract Number C91-2613-A6) MiAMI DADE REGIONAL SERVICE CENTER 12. Authorize entering into a cooperative agreement with Dade County Department of Environmental Resources Management (DERM) for equipment purchase to complete data collection as part of a hydrodynamic modeling effort for Biscayne Bay, in the amount of $75,000; and authorize a budget transfer in the amount of $70,000 from Operations and Maintenance Department - fleet purchase savings (5650) and $5,000 from the Miami-DClde Regional Service Center, Interagency Expenditures - Local Governments (5801 l to the Miami-Dade Regional Serllice Center, Interagency Expenditures - Local Governments (5801). (Contract Number C-8832l FT. MYERS SERVICE CENTER 13. Authorize entering into a contract with Johnson Engineering Inc., for the completion of a surface water management study for southwest region of Lee County, including portions of Hendry and Collier Counties as identified and recommended in the Bonita Springs Flood Evaluation of 1995, in an amount not to exceed $374,996.29 of which $174,996.29 is budgeted, and authorize a budget transfer in the amount of $200,000 from Lower West Coast Planning, Stormwater Master Plan - L.W.C. to the Fort Myers Service Center, Bonita Springs Implementation! Recommendations. (Contract Number C-8812l 14. Authorize entering into a cooperative agreement with the lee County Board of County Commissioners for the snagging and cleai1in~J of Estero River in the amount of $85,000 for which funds are budgeted. (Contract Number C-8815) 15. Authorize entering into a cooperative agreement with the Lee County Board of County Commissioners for the construction of a peimanent weir in the Kehl Canal just east of Bonita Grande Road replacing HIe current temporary weir in the amount of $605,000 for which funds are budgeted. (Contract Number C- 8816) 1 bG 3 Scnw1ing Bwd ~ i :7 13. 1897 I 16. Authorize entering into 8 cooperative agreement with the City of Cape Coral for the Implementation of reco'mmendations Identified in the Leo County Gator , Slough Watershed Study fo~rthe Improvement of the conveyance of stonnwater within the 56 square mile atershed and the diversion of the flow in a more historical direction to the C ty of Cape Coral Canal system In the amount at $300,000 for which funds Lre budgeted. (Contract Number C-881 7) 17. Authorize entering into anI agreement with Coastal Environmental. Inc. to complete a first phase assessment and characterization of Estero Bay and watershed, not to exceed 245,000 of which $200,000 is budgeted, and authorize a budget transf r of $45,000 from other contractual services. (Contract Number C-7784) OFFICE OF ENTERPRISING ENGIN ERING 18. Authorize entering into a WO~k order contract with Omnicom. Inc.. waiving the competition provisions of thp District Procurement and Contracting Policy, for technical consulting services to evaluate performance of the District's Communications and Control system following relocation of microwave operating frequencies in an amount not-to-exceed $80,000 which is unbudgeted, and authorize a budget transfer from Electronic Support and Data Acquisition, Other Contractual Service to Professional Fees/Consulting Services. (Contract Number C-8363) 19. Consideration of a the formal written protest and petition for formal administrative hearing filed by Azarat Marketing Group, Inc., regarding South Florida Water Management District's Request for Bids No. 97-0006. {Staff recommends the Governing Board deny the Petition.j OFFICE OF GOVERNMENT AND PUBLIC AFFAIRS 20. Authorize amending a contract with Pine Jog Environmental Education Center of Florida Atlantic University to extend the term of the contract for two years from April 30, 1997 through April 30, 1999 for continuation of the Water Resource Education Program for Teachers in the amount of $182,000 of which $91,000 is budgeted for FY 97 with the remainder subject to Governing Board approval of the FY 98 budget. (Contract Number C-7144-A 1) .; :':'1'~:'X>.:.>";:':::~.\:~,:' . ... .-------..---- 1 6G 3 s..,.,.. BoIri MII1ina ftbruary 13. 1997 . P~. 5 21. Authorize entering Into 8 cooperative agreement with the Palm Beach County Water Utilities Department (PBCWUD) for the construction of 8 Multipurpose Floridan Aquifer Well at the PBCWUD Plant 3W in th'9 amount of $300,000 for which funds are budgeted. (Contract Number C-8115) 22. Authorize entering into a cooperative agreement with the Palm Beach County Water Utilities Department (PBCWUD) for the expansion of the Southern Region Water Reclamation Facility in the amount of $ 300,000 for which funds are budgeted. (Contract Number C-81 16) 23. Authorize entering into a cooperative agreement with the Town of Jupiter Water Systems for new reverse osmosis equipment and analysis of plant operation modifications in the amount of $55,500 for which funds are budgeted. (Contract Number C-81 18) CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 24. Approve staff recommendations for releases of District canal, mineral and road reservations, releases of T.I.l.T.F. canal reservations and issuances of non-use commitments. 25. Authorize amending a Cooperative Agreement with the Florida Department of Environmental Protection (FDEP) to provide funding for, and reporting on, management activities on the Loxahatchee River SOH property for one year, retroactive to October " 1996 in an amount of $85,BOO, which is budgeted. (Contract Number C91 -2447-A2) 26. Authorize entering into a revenue contract with Mariner Properties Development, Inc., to establish the Corkscrew Mitiflation Bank in order to permit the project, restore the land, recover land acquisition costs, staff costs and generate a revenue stream for future projects. (Contract Number C-8302l 27. Approve the partial release of canal reservations over a portion of Tracts 36 and 37, Florida Fruit Lands Company's Subdivision No.1, Plat Book 2, Pa"e 17, Public Records of Dade County, Florida, said lands situate in Section 33, Township 52 South, Range 40 East, Dade County. Florida. for Canal 6 (Miami Canal) . . .~AnlI'\o-~". -...--...-- -- 1 bG 3 &e....... ..... Merino F*arY 13. 1997 heeS 28. Approve amending the Cooperativtl Agreement with The Nature Conservancy, 8 not-for-proflt organization, to cap closing fees and to extend the term of the agreement to assist In the acquisition of land Interests within the CREW Project and the East Coast Buffer Project, and authorize a budget transfer in the amount of $200,000 from Land and Land Improvements to Interagency Expenditures _ Not-for-Proflt Organizations. (Contract Number C-7336-A 1) 29. Authorize signature and approval authority to 1I1e Executive Director. or t1is designe9. to execute Grant Agreements between the South Florida Water Management District and the United States Department of the Interior for funds derived from Section 390 of the Federal Agriculture Improvement and Reform Act of 1996 (p.L. 104-127) (the "Farm Bill"). ECOSYSTEM RESTORATION DEPARTMENT 30. Authorize amending a cooperative agreement with Florida Atlantic University for collaborative research in the Kissimmee-Lake Okeechobee-Everglades ecosystem to add funds for new and continued collaborative research projects 10 the budgeted amount of $199,900. (Contract Number C-5240-A3) 31. Authorize entering into a contract with Limno-Tech, Inc., to develop a sediment submodel that will be included in the Lake Okeechobee water Quality model in the amollnt of $66,000 of which $60,200 is budgeted for FY97, and the remaining $5,800 is subject to Governing Board approval of the FY98 budfJet. (Contract Number C-7613) 32. Authorize amending the contract with PEER Consultants, p.C./Brown and Caldwell, a joint venture, for professional engineering s'arvices associated with ENR Test Cell Modifications construction support services inan amount not to exceed $220,000 which is budgeted; and authorlzo a budget transfer in the same amount from the Ecologically Engineered Systems Research Division, Water Control Structures to the Everglades Construction Project Division, Professional Fees (CeNA) - Construction Project.s. !.RM05] (CCNA, Contract Number C-EOO8-A.6) 33. Authorize amending a cooperative agreement with the University of Florida and St. Johns River Water Management District to monitor snail kite nesting in the WCAs and study the population dynamics of apple snails to revise the deliverable schedule and extend the contract by six months, at no additional conHact cost. (Contract Number C-E6609-A 1) .:'~\~.d ~('::.' '::';~..~., ''<:. ':.' -- ,--- , ;.: .;..;.~ :':-'.:'~.:..~ .;;. ..,,, ["i:. ~.' _I 1 6G '" GcmI1IiIIo Board tMmlt f1IJn!ar; 13. \997 Pag. 7 34. Authorize entering Into a contract with Geonex Corporation (Geonex) to analyze the vegetation coverage changes In the Everglades Nutrient Removal Project in the amount of .'49,002, of whlcb t,45,334 Is budgeted in FY97, and the remaining $103,668 Is subject to Governing Board approval of the FY98 ($51,834) end PiS9 ($61,834) budgets. (Contract Number C-E8600) 35. Authoma entering into a continuing contract with Metcalf & Eddy, Inc., for Phase 1 of the Chemical Treatment Followed by Direct Filtration Supplemental Technology Demonstration Project, In an amount not to exceed $160,000. which is budgeted. (CCNA, Contract Number C-E8130 1 ) REGULATION DEPARTMENT 36. Authorize amending a contract with Personnel One. Inc. for Permit Records Management, to extend the contract retroactively from January 22, 1997. for nine additional months, in the amount of $36.000.00, for which funds are budgeted. Total contract amount shall not exceed $86,000.00. (Contract Number C-7526-A 1) 37. Authorize initiation of rulemaking and approve the publication. draft of amendments to Chapters 40E-61 and 40E-63, Florida Administrative Code to address comments form the Joint Administrative Procedures Committee. (Docket Number 97-3) PLANNING DEPARTMENT 38, Authorize entering into a contract with MOigan & Eklund, Inc. for conducting a bathymetric survey of the Indian River Lagoon in an amount not to exceed $119,614, of which $100,000 is budgeted for FY97 and the remaining $19,614 is subject to Governing Board approval of the FV98 Budget. (Contrac1 Number C-7781) 1 6G 3 s.~... Ben ...... F*1IIfy 13. 1997 P8ve 8 WATER RESOURCES EVALUATION DEPARTME~JT 39. Authorize entering Into three separate multi year contracts with Skidaway Institute of Oceanography, Frontier Geosciences, Inc., and Brooks Rand Ltd. for ultra-trace mercury analysis of environmental samples for the Everglades Nutrient Removal Project (ENRP) in an aggregate amount not to exceed $375,000, of which $125,000 is budgeted for FY '97 and the remaining $250,000 is subject to Governing Board approval of the FY '98 and FY '99 budget. (Contract Numbers C-8687-C-8689l 40. Authorize entering into a multi year cooperative agreement with the United States Geological Survey (USGS) for laboratory analysis of water samples from the Everglades Nutrient Removal (ENR) and Everglades Protection Area (EVPAl Projects, retroactive from January 1. 1997. in an amount not to exceed $1,167,222, of which $389,074 is budgeted for FY '97 and the remaining $778,148 is subject to Governing Board approval of the FY '98 and FY '99 budget. (Contract Number C-8679) 41. Authorize establishment of an Expert Assistance Pool for a three year period, from December 27, 1996, to December 27, 1999. End of Morning Consent Agenda PUBLIC COMMENT Nlr b. tn(JVf(/ 10 fDlow PlIOIIc Hunng} 01PDft,Nty fOf fNf1Ihers of IJJg ,lIhir to li#u.u mttlfs {If inflft/sf whir" ,~ Jtt)f Oil fhq '~t:niJ,. fj1~B1NG It 9:30 A.Mol NotJ: The Bunt willhcua ~ itans inci-Mualy in tht ori<< b1r.l. REGULATION DEPARTMENT 42. COilsldAr adoption of rule amendments pertaining to basin expiration dates for Individual Irrigation use class water use permits and the extension of these expiration dates for permits located within the Upper East Coast and Kissimmee water use basins. (Docket Number 97-2) Scott Burns, D;(fl,t;(Qr, Water Use Division 1 6G 3 6twnlino 8o-n MeI1iRt fanlaty 13. 1997 "9 CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 43. Approve the purchase of land interests containing 1.428.62 acres, mom or loss, in Osceola and Polk Counties, KIssimmee Chain of Lak:es Project. and authorize a resolution to the Oepart:Jnent of . Environmf,)ntal Protection requesting reimbursement for this acquisition and associated costs. William F. Malone, Director - Construction & Land Managemeflt 44. Approve staff recommendation regarding closing on Kissimmee Prairie Ecosystem Project. William F. Malone, Director - Construction & Land Management 45. Approve the purchase of land interests containing 5.55 acres, more or less, in Polk County, Kissimmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection req!Jesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management 46. Approve the purchase of land interests containing 151.94 acres, more or less. in Okeechobee County, Pool 0, Kissimmee River Project, ana authorize a resolution to the Department of EnviiOnmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction .St Land Management 47. Approve the purchase of land interests containing 1.1 acres, more or less, in Sroward County, East Coast Buffer - Everglades Buffer Strip Project. and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management 48. Approve an agreement with the City of Pembroke Pilles regarding the property to be purchased from Mark Collins, as personal representative of the Estate of Robert W. Chambers, deceased, and as personal representative of the Estate of Arlene Chambers, deceased. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management :.~.:}, ~,.:~.~'...:_~:. ~~:~ ":':: . :;>'. ... ~~:__: ,':.":. I' ...... ~".' .<;.....~'~..;' 1 6G 3 Gewming 80... lIM1inQ F*u.y 13, 1997 hot 10 49. Approve the purchase of land interests containing 284.68 acres, more or less, in Broward County, East Coast Buffer Project, and authorize 8 resolution to the Department of Environmental Protection requesting reimbursement for this application and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land MiJnsgement 50. Approve the purchase of land interests containing 83.64 acres, more or less, in Dade County, Model lands Basin Project and C-'" North Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management 51. Approve the purchase of land interests containing 2.50 acres, more or less, in Dade County, Southern Glades (C-"') Project, and authorize a resolution to the Department of Environmental Protection reqcesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Mgmt. 52. Consider acquisition of SOR lands. End of Public Hearing PUBLIC COMMENT ~, I1t r:tIIltiMW If INs tiN # M1t r.otIfJhtf ,riot to tbl Prl';ic liNn.; BOARD COMMENT Opportunrty for 8NnI ""ars to lb:uss ntten of in1l!fest wftidl .. not en the ao-wI. REPORT FROM ADVISORY COMMITTEES OMBUDSMAN'S REPORT Richsrd E. Williams, District Ombudsman Gnwnin; kwd Meatint r......,. 13. 1997 P-eell ... ,_..~'--.. ~~........:III___a -.... -J"'l,"-, 1 6G .:, ... n..... ~ .. ., ltItfiihll1. ,., "*' '*'- DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA OFFICE OF COUNSEL 53. Authorize a settlement agreement of an inverse condemnation action involving land within the East Coast Buffer Strip designated boundaries styled Hort A. Soper and William Modahl v. South Florida Water Management District, in the 17th Circuit Court for Broward County, Case No. CL 96-001810 (13) and approve and adopt a Resolution authorizing eminent domain proceedings for the acquisition of certain lands owned by Hort A. Soper and William Modahl, containing 136.44 acres, more or less, in Broward county, East Coast Buffer Strip Project and authorize a Resolution to the Department of Environmental Protection and an application for Federal Assistance and Grant Agreement to the Department of Interior, Fish and Wildlife Service r(~questing reimbursement for this acquisition and associated costs and authorize the Executive Director. or his designee, to execute the applicathn and Grant Agreement for federal reimbursement. Ruth Clements, Senior Attorney, Office of Counsel ECOSYSTEM RESTORATION DEPARTMENT 54. Authorize entering into a contract with Bergeron Lane! Development, Inc., for construction of Stormwater Treatment Area 6 (STA 6) Section 1, in the amount of $1,861,000, which is budgeted. [ECP-061 (Contract Number C-E600) Miller Andress, Director, ECP, ERD 10 minutes 'I":' - "V' _.w 1lI-- J :nrr u. u_--~ .--'.Nr'-'-~ a Gnlming Board ~ flbrulry 13, 1997 P'OI 12 1 6G 3 55. Authorize amending a four-year cooperative agreement with the Florida Center for Environmental Studies (CES) for a partnership in collaborative research and cost-sharing to Increase the contract's FY97 funding in the amoLlnt of $946,017, which is budgeted, and Increase the total contract amount to $4,543,032 subject to Governing Board approval of future fiscal year budgets; and authorize budget transfers in the amounts of $ 1 4,730 from Staff, Communications/Data Lines and $48,500 from Interagency Expenditures - Federal; $12,000 from Okeechobee Systems Research Division, Interagency Expenditures - Public Universities; $20,000 from Everglades Systems Research Division, Interagency Expenditures - Public Universities; $32,000 from Kissimmee River Restoration Division, Professional Fees/Consulting Services and $65,000 from Interagency Expenditures - Federal and $155,000 from Interagency Expenditures - Public Universities; $7,872 from Southern Everglades/Florida Bay Restoration Division, Contract Employees - Salaries & Wages and $2,528 from Contract Employees - Benefits to Staff, Interagency Expenditures - Public Universities (Contract No. C- 7641-A 1). Nick Aumen, Research Program Director, Ecosystem Restoration Department 20 minutes REGULATION DEPARTMENT 56. Authorize entering into a Memorandum of Agreement with the Executive Office of the Governor, Office of Tourism, Trade and Economic Development regarding establishment of an expedited permitting process as mandated by the legislature pursuant to Section 403.973, F.S. Terrie Baros, Director, Regulation Department REPORT FROM THE EXECUTIVE DIRECTOR 57. Water Management Highlights Samuel E. Poole, III, Executive Director 58. Governing Board Follow-up Items Samuel E. Poole, III, Executive Director 59. Update on Everglades Litigcnion Barbara Markham, General Counsel 60. legislative Update Yvonne Gsteiger, Governmental Representative, Department of Government & Public Affairs Govwning 8Mrd ~ f1Ibruary 13, 1997 r.13 1 6G 3 61. Everglades Construction Project Update (30 minutes) Miller Andress, Director, Everglades ConstructIon Project 62. Progress Report on the A.mendment 6 Cost Allocation . -Gary Goforth, Chief Consulting Engineer, ECP, Everglades Restoration -Department . 63. Approve reimbursement of legal fees in the amount of $15,567.50 for representation in ethics case, which was dismissed. Barbara Markham, General Counsel End of Morning Discussion Agenda ............................................................. AFTERNOON AGENDJ3. APPROVAL: 2:00 P.M. 1\ Additions. DIl,tioM, Substitutions B AbS1 entiont C. Pull Itams for Oi.sr.u1siryn D. Motion 10 ~pt'IlV' Aftllr1100n Cofuant AQendll. ucept for items pulled for discussion E. Consid.. Aftamoon Conunt AfJendl Items Pulled for Dimasilln. F. Continuo MomiIg O:s:ussion Agenda flf appIiublel G. Coruider At~n DooL'tSlon AQend. AEIERRQON COmPfI AGErtOk.J1fy.uI:.~TORY MAIJERS ,"IOiE: T~ 801rd mlY /#Ot wWr fa discm tu nllmS illtlMd(,l.l/ly ,ntllNr 'FprGY' tbtNn 's ""OUp. AnyoM wishing to !:/J,.i O.? OM cf tbe:i1l ;rImS slIlXIid lompllf, . .spfbbr urd ,nd niIxrif it to rlH Distn'c:t I'Ppflls..?WiYg i~ 1M loIJlJf ;rit.'J( to con.sid,fltic.? of the Co~'" Ag.nd._ TIis",..:I fHmit t" Cuimw/l tD ,uJI $lien ;rImS lor indiYidu,f disc~'.io.? If copy of fM co~nt ';i~1 is II'IU~ upo" "flJUt by .:ohtlCl'i~ tM !WglMtiofl Oo,IrtJ'l.-nt Itt (561) 681.67]5. 64. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management items: Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Waivers of District Criteria Right of Way Occupancy Waivers of Application Processing Fee 65. Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: ~--.._, W>. ...~ ~...--....-- ~- ~.,.,...~ ~~~~~ ~ Gt...... 8oIr4 MIe1ino ~ 13, 1997 ..... 14 1 6G 3 Water Use Permit Applications Surface Water Management Permit Applications {including Conservation Easements} Environmental Resource Permit Applications (including Conservation Easements) SWIM Works of the District Permit Applications Denials Surface Water Management Permit Extensions Circuit Court Suits Consent Agreements Petitions for Formal Proceeding Surface Water Management Emergency Structures End of Afternoon Consent Agendi.I AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS /tOTE: Th 8~rrf w;1I tfjICUIJ i6diviilNlI, ill till orrJ" liltMi t:Jf/ dI. 1I91N14.. DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA REGULATION DEPARTMENT DECLARATORY STATEMENT (10 minutes) 66. Enter a Final Order responding to a Petition for Declaratory Statement filed by Collier Development Corporation seeking a determination as to what effect. if any, the designation of portions of Cocohatchee River as an Outstanding Florida Water would have on environmental resource permitting concerning real property owned by Collier Development Corporation, known as Beachway Parcel, locatbd adjacent to Cocohatchee River. (Soction 21, Township 48 South, Range 25 East, Collier County) Dwight Jenkins, Attorney, .Office of Counsel Tony Waterhouse, Director, Surface Water Ml.lnagemel1t Division End of Afternoon Agenda ADJOURNMENT 1 6G 5 MJ:NVIES OF A. M.l!Xl'ING OF THE GOVERNING BOARD OF THE SOUTH FLO'RlDA W A'fER MANAGEMENT DISTRICT HELD AT OFFICES OF THE DISTIuCT, 3:Wl GUN CLUB ROAD WEST PALM BEACH FLORIDA THURSDAY, JANUARY 16) 1997 8:30 AM. The following Board Members were present: Valerie Boyd. Chairman Frank Williamson. Jr. William Hammond William E. Graham Betsy Kraot Richard Machek Miriam Singer Samuel E. Poole ill, Secretary CALL 1'0 ORDER The meeting was called to order at 8:30 a.m. by Chairman Boyd. followed by the Invocation by Ms.Ctcile Ross. and the Pledge of Allegiance to the Flag of the United St.ates of America Approval of Minutes Cb.cirman Boyd noted corrections to the mint.!tes handed out as additional bac.k-up for this meeting. A copy. of. the corrected minutes is included in the official recor4 of this meeting. Motion by Ms. Singer to approve the Minutes of the G<lveming Board Workshop of December 10 and 11, 1996 and the G<>verning Board Regular Meding of December 12, 1996 as corrected. Motion apprOlved. MORNING AGENDA APPROVAL A. Additions, Deletions) Substitutions Changes are reflected on the revised agenda.. A copy of the revised agenda is included in the official record of this meeting. 't -- --.- ) ,j ---- - - ~._- I -~- --- .._--- 1 bG 3 GOVERNING BOARD REGULAR MEETING JANUARY 16. 1997 PAGE 2 B. Abstentions GOVERNING BOARD MEETING SCHEDULE 1. Consider Sdlednle for Upcoming Meetings. Mr. Poole presented the schedule. A copy of the schedule of upcoming meetings is included in the official record of this meeting. 2. Consider Tentative Agenda for February Workshop. Mr. Poole presented information on the teDtative agenda for the February 1997 Workshop. A copy of the tentative agenda is included in the official record of this meeting ~ CO!\1MITTEE REPORTf 3. Accept the Hwnan Resources Committee Report, including recommended actions. Ms. Singer. Ch" oman, Human Rc~.ources Committee. presented the report. Ms. Singer said th committee met on Ja.'lUary 15. 1997 and deferred consideration of the Salary Admini:;tration uIe an.d the Update 00 Customer lnitiati....e until the. March Regular Board Meeting. She said the co _ 't~ discussed and recommends Governing Board approval (If revi.sions to Ethics Policy No. 3.801 and n:.commend adopting a resolution authoriz-.ing rule development for post-em loyment restrictions. Ms. Sheryl Wood Attorney, Office of COUllS('o )r(',seoted information on the proposed post-<.mpIoyme.nt restric ns. A copy of the material us.ed in her presentation is included in the official record of this eeting. Chairman Boyd needed. Mr. Graham a Motion by Ms. Singer employment restriction &dQpt a resolution authorizing rule development for Post- tematives . d she will support this motion, but does not feel such action is Motion approved. Ms. Singer said' e committee also recommended Board approval of a resolution authorizing rule develop ent for Misuse of public position. GOVERNING BOARD REGULAR MEETING JANUARY 16, 1997 PAGE 3 1 6(1 3 , ,) Ms. Wood presented information on the proposed rule development for misuse of public position. A copy nf the material used in her presentation is included in the official record of this meeting. . MotIon by Mr. Mad>ek to adopt a nsoIutlon authorizing rule development for misuse ol public poslUoo. Motion approved.. Mr. Luis Leon, Sr. Employmeut Representative, EEO. Humar. Resources Division. presented information on the 1997 Equal Employment Opportllruty Plan. A copy of the material used in his presentation Lc; included in the official record of this meeting. Ms. Krant suggested that staff submit the District's Glass Ceiling Initiative program for recognition by the national publication "Catalyst." ): 4. Accept t.he Audit Conunittee rep<>rt., including recommended actions. Mr. Williamson. Vice-Chainnan, Audit Committee. presented the report He said the committee met on January 15, 1997 and: Recommended Governing Board approval of changes to the policies for the Real Estate Division #1130, the Business. Ecunomic & Information Systems Division (Ecoo.omic & Evaluation Unity #1140. 2.nd the Land Stewardship Division #1160. Motion by Ms. Singer to approve changes to the policies for the Real Estate Division #1130, the Business, Economic & Information System~ Division (Economic & Evalwltion Unity #1140, and the Land Stewardship Division #116.{). Motion flpproved. Mr. Williamson said the committee recommended Governing Board authorization to remove assets from property records. Motion by Ms. Singer to approve authorization to remove assets from property records. Motion approved. Mr. Williamson said the committee recommended Governing Board approval of the sale through sealed bid of three mobile homes from Thomas Landing Subdivision and subsequent removal from the fixed asset records. Motion by Ms. SlDger to approve the sale through sealed bid of three mobile homes from Thomas Landing Subdivision and subsequent removal from the fixed asset records. Motion approved. .....,,____~.._ "'~l!lIIlr '" 1 6G ij / GOVERNING BOARD REGULAR MEETING JA."lUARY 16, 1997 PAGE 4 Mr. Williamson said the committee accepted a Report on Activity of the Insp<~tor General's Office, which included: A report on the Human Resources Audit which included a finding that staffing and expenditureS for the Human Resources Division compares favorably to industry averages, and the Division meets or exceeds customers' expectations. The report also determined that elimination of the District's sick leave incentive program resulted in increased costs and reduced employee availability . A report on the Audit of Surplus Property Auction, which included a finding that several items were sold at the auction without Governing Board approval. The report also determined that contract monitoring oeeds improvement and recommended that fixed asset guidelines be updated to reflect revisions to Florida Statutes. A report on the Primeco Contract Amendment Inq~lir)', which detennined that procurement of laptop computers by the District from the contractor in lieu of a required $20,000 adaptation fee was not done in compliance 'Nith applicable District procurement poticie.s. Mr. Williamson said the committee recommended Governing Board acceptance of fmancial statements and the management letter presented by .A..rtbur Andersen L.L.P. for FY96. Motion by Ms. Singer to approve acceptance of financial ststements and the management letter presented by Arthur Andersen L.L.P. fer FY96. Motion approved. Motion by Mr. Graham to accept the report on Human Resources Audit, the report on the Audit of Surplus Property Auction, and the report on the Primeco Contract Amendment Inquiry. Motion approved. Mr. Williamson said the Committee also: Was presented a review of the FY96 Financial Report. Heard a presentation of the District's Budgetary Control Policy. Was preseuted a report on the sale of all District asset" in FY96. Deferred an update on the Supplier Diversity & Outreach Program. --------------... ;~. ~'i'" ~""~"--"l'; ": .....--... '. GOVERNING BOARD REGULAR MFEI1NG JANUARY 16, 1997 PAGE 5 1 6G .3 Mr. Williamson suggested that the Board consider the Report. from the Agricultural Advisory Committee at this time to accommOdate the schedule of the presenter. Board members ~. REPORT FROM ADVL()ORY coMMITTEES Mr. Art Duling. Agricultural Advisory Committee. presented the report. A copy of J the material used in his presentation is included in the official record of this meeting. Mr. Darling said the committee recommends that all District projects involving ecosystem restoration recognize agricultural production as an important component of the process. MORNING CONSENT AGENDA A. Pull items for djscussion. Me. Reed commented on, but did not pull items 21, 22, 25. 26. and 27. He said these items aU involve retro~ctive extension of contracts without penalty. He said he opposes such action. Mr. Reed also commented on item 57 (page 14, paragrapb 5), a Water Use Renewal permit application for Palm Beach Park of Commerce. He not.ed that out of 120 chloride report..c; that were requested, the applicant has completed two. He said the Board should ask wbether the applicant has responded to their first required monthly report on this Issue. Ms. Krant commented on, but did not pull, item 5. She said she supports Mr. Macllek" 5 efforts on this issue. Mr. Williamson pulled item 18. Chairman Boyd pulled item 12 at the request of a member of the public. B. Motion to Approve the Consent Agenda except for items pulled for discussion. Motion by Mr. Reed to approve the Consent Agenda as revised. Motion approved. The following items wtre approved as part of the Morning Consent Agenda. BUDGET OFFICE 5. Approval of Budget Transfers. OOVERNING BOARD REGULAR MEETING JANUARY 16, 1997 PAGE 6 1 6G 3 OFFICE OF COUNSEL 6. Authorize amending a contract with Nabors. Giblin & Nickerson, P.A for legal services being provided under the. existing contract to extend the contract up to an additional three years and w increase funding in the amOlLQt of S10,(X)(), for which funds are budgeted. (Contract Nurr~r C-3169-AI3) MIAMI DADE REGIONAL SERVICE CENTER 7. Authorize entering into a cooperative .agreement with the Miami-Dade Water and Sewer Department (W ASD) for the implementation of a public access reuse system in the amount of $300.000 for which funds are budgeted. (Contract Number C-8834) 8. Authorize entering into a cooperative agreement with the Miami-Dade Wa~r and Sewer Department (W ASD) for the construction of two Aquifer Storage anJ Recovery (ASR) Wells. concrete drilling pads. and wellhead facilities induding pumps. piping <L.1d appurtenances in the amount of $300,000 for which funds are budgeted. (COnL.'<lCl Number C-8835) FLORIDA KEYS SERVICE CENTER 9. Adopt a resolution in support of the Rorida Keys Scenic Highway Projecl in Monroe County. Florida. MARTINIST. LUCIE SERVICE CENTER 10. Authorize entering into a cooperative cost-share agreement with the 51. Lucie County Mosquito Contra] District to conduct habitat and water quality enhancement activiti~.s in Indian River Lagoon Mosquito Impoundments 1-9, lOA, 148, 16A. 17A. 18/\. and 198 in the amount of $J06,667.00 for which funds are budgeted (Contract Number C-8868) OFFlCE OF GOVERNMENT AND PUBLIC AFFAIRS 11. Authorize entering into a cooperative agreement with the South Central Regional Wastewater Tr,eatmcnt and Disposal Board for the implementation of a reuse systJ~rn for the iI:rjgation ofti,vc golf ..COurses in the amount of $300,000 for which funds are 1,-' '"._, '".;_', _ . budgeted. (Contract Number C-81 ] 7) ". W -17"-....-.. --~ ..z- ~"'......_\- ........._..........~._--- r- .__~.......#-..... .. GOVERNING BOARD REGULAR MEETING JANUARY 16, 1997 PAGE 7 1. 6G O~CEOF~RPRffirnGENGThffiEIDNG 13. Authorize cntuing into a contract with Spot Image Corporation for satellite imagery in the amount of $386.900 of which $193,450 is budgeted for FY97 with the reuWn~r subject to Governing Board approval of the r"'Y98 ($193,450) budget. (Contract Number C-8362) CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 14. Approve staff recommendations for releases of District canal, mineral and road reservations. releases of T.I.!.T.F. canal reservations and issuances of non-use commitment<;. 15. Approve declaring surplus land interests containing 0.42 acres, more. or less. in Broward County, Canal 14 Project. and authorizatIon to ql1itciaim to Bro\l,'ard County in exchange for land interests containing 0.17 acres. mOie or less, in Broward County. Canal 14 Project. and wai'ving of all fees and COSts. 16. Approve acceptance of a donation of land interests consisting of a quitclaim perpetual flowage and inundation easement on 0.77 acres, more or less, in Section g, Towr.ship 30 South, Range 30 East, Polk County. within Tiger L,tke - KCOL in conjunction \.\ith the Kissimmee Headwaters Revitalization Project. 17. Authorize a change order to a contract v.;th Alfred J. Sanc.lelli. Jr., for the wastt cleanup of the Loxabatchce Cleanup Project in the amount of $8,051. which is unbudgeted, and authorize a budget transfer from Loxahatchee Cleanup Professional Fees to Construction Change Orders. and authorize cJ::.tending the contract by si:'tty (60) calendar days retroactive to January 6.1997. (Contact Nl.llnber C-7015. e.O. #2) 19. Authorize entering into a revenue contract with the highest responsible and respoDsive bidder. for the removal of aU tree slock from the Gerlach Tree Farm property located irl Palm Br,ach County. Florida. in an amount to be determined. (Contract Number C- 8317) OPERATIONS AND MAINTENAJ'lCE DEPARTMENT 20. Authorize issuing a Purchase Order to Forestry Resources Vegetation Management, Inc. for the removal of exoticlhazardous trees, trash. and debris along the south bank of the Hillsboro Canal in Palm Beach County in the amount of $85.976 for which . funds are budgeted (Contract Number C-8576). GOVERNING BOARD REGULAR MEETING JANUARY 16, 1997 PAGE 8 1 6G j PLANNING DEPARTMENT 21. Authorize amending a cooperative agreement with the City of Port St Lucie for ~ Floresta Avenue Retrofit to retroactively extend the term of the cont:ract 12 months from September 3D, 1996 through September 3D, 1997 and to revise the schedule of payments and deliverables at no additional cost (Contract Number C-6787 AI) I 22. Authorize amending a cooperative agreement with the ue County Regional Water , Supply Authority for an Aquifer Storage and Recovery (ASR) pilot project to extend retroactively the term of the agreement seven months from December 30. 1996 to July 30, 1997 at no additional cost to the District (Contract Number C-4224A2) 23. Authorize amending a contract with Coastal Environmental, Inc. to update and incorporate the C-24 and North St Lucie basin areas into the St. Lucie Watershed t"\Ssessment and extend the term of the contract from hnuary 31, 1997 tu September 30, 1997 in the amount of $59,856; and authorize a budget transfer of $59.856 oq SWIM funds from the Planning Department, Upper East Coasut<.issimme.e Planning Division interagency expendItures to Professional Fees and Services. (Contract 1 Number C-513 7 -A4) 24. Authorize crlLe,ing into a cooperatl'.-e agreement with Palm Beach County Water Utilities Department to deveiop water resource management stra.tegies for th~ Southeastern Palm Beach County Integrat.c'.d Water Resources Plan in the amount of $150,000, and authorize a budget transfer in the same amount from Planning Sta.tf; Other Contractu;J Services, to Lower West Coast/Special Projects Divisioo. Interagency Expenditures, Local Governments. (Contract Number C-8915) 25. AuthOIlze amending a contract with Dames and Moore fOf Land Use/Land Cover Database Development to extend th::: turn of the conLrar.t frolD January 30, 1997 to January 30, 1998 at no change in contract amount. (Contract Numbu C-6796-A2) ECOSYSTEM RESTORATION DEPARTMENT \ 26. Authorize amending a cooperative agreement 'With the University of Florida's Institute of Food a.:ld Agricultural Sciences (IFAS) to develop a preliminary Agr~CQlog)' , Decision Support System for beef cattle production in the Lake Okeec~obee watershed to revise the deliverable schedule and retroactively extend the contract by 180 days,! at no additional contract cost (Contract Number C-5298-A 1) 28. j 1 6G B I Authorize amending work order 3 of a cooperative agreement with Archbold I Biological Station for collaborative research to determine baseline conditions for the aquatic invenebrate community of the Kissimmee River e(:osystem to revise the I deliverable schedule and extend work order 3 by 15 months to conduct a 2nd year of field data collection in the amount of $115,000, of which $36,250 is budgeted and, lhe remainder is subject to Governing Board approval of FY98 ($78,750) budget. I (Contract Number C-6625-A2) \ i Authorize entering into a cooperative agreement with the University of Miami to I conduct a groundwater research study in the Southern Everglades in the amount of $259,871. of which $28,978 is budgeted and the remaining $230.893 is subject to I Governing Board approval of lhe FY98 ($84,630). FY99 ($88,387) and FYOO ! ($57.876) budgets; and authorize a budget transfer in lhe amount of $28.978 from the Everglades Systems Research Division, Interagency Expenditures - Private Uni\'er~itie-, to the Southern EvergladeslFlorida Bay Restoration Division. Interagency Expenditurr:-. - Private Universities. (Contract Number C-E86(8) GOVERNING BOARD RBOUL.AR MEETING JANUARY 16, 1997 PAGE 9 27. WATER RESOURCES EVALUATION DEPARTMENT 29. Authorize entering into a reimbursement contract with the Florida Department of ! Environmental Protection (FDEP) in the amount of $1 i 4,31 O. payable for ground- water sampling. monitoring. and reporting activicics, for which funds are budgeted. (Contract Number C-8667) End of Morning Consent Agenda MORNING DISCUSSION AGENDA DISCUSSION OF ANY ITEMS PULLED FROM MORNL~G CONSENT AGENDA 12. Authorize entering into a cooperative agreement with Florida Institute of I Technology (FIT) for the purpose of developing and field testing The Everglades: All E;rtentkd Case Study of A Threaulled Waurshed and Ecosysum, a curriculUm and teacher's guide for students in ~es six and above, in the amount of 1 $82,572 for which funds are budgeted. (Contract Number C-8112) . .. -, Ms Barbara Susco, a Lake Wonh resident., expressed concern about the amount of funding for this contracL Me; Susco said she is also concerned that the wrong slant will ~ put on the material taug.hL __~...&JlIIII.._~ -~._.~_~-'" i/ ____~ ,---"",,,.,,_.,~-_.---,.--,,- .~ 1 6J .3 ,;{ GOVERNING BOARD REGtn..AR MEETING JA.lIiUARY 16, 1997 PAGE 10 Ms. Kathy Copeland, Director, Office of Government and Public Affairs. said the materials developed under this contract will be factual. Motion by Mr. Machek to authorize entering into a cooperative ap-eement with Florida Institute of TedmoIogy (FI1) for the purpqse or deveJoping and field te!:ting T1u I EverglatUs: An ExuNkd Clut SWdy of A Tlartauned WaUTJlud IZJUl Erosysum, a curriculum and teacher's guide ror students in grades six and IJlbove, in the amount pC $82,572 (or which (wl(ls are budgeted. (Contract Number C-8112). Motion approved. , 18. Authorize the District staff to proceed with the development of FY 1999 Public Works Program funding applications in accordance with the State Public Works Program (pWP) for District sponsored construction projects and studies. Mr. Williamson asked for clarification on the details of lhis item. Mr. Cled Weldon. Construction and Land Management Deparunent, pre.sentr..d informa'don on the devdopmelh of the funding applications. A copy of the material used in his presentation is included in..l'thc official record of L~S meeting. Motion by Mr. Williamson to authoriu tlle District 6taff to proceed with the d{~vclopment of FY 1999 PubUc Works Program funding applications in accurdance with the State Public Works Program (PWP) (or District sponsvred construction projects and studies. Motion approved. PUBLIC HEARING at 9:30 A.M. Chairman Boyd o~ned the public hearing. CONSTRUCTION AND LAND MANAGEMENT DEPARTM.ENT 30. Approve amendments to the 1997 Save Our Rivers Fiye Year Plan. Mr. Fred Davis, Director, Land Stewardship Oiyision, Construction and Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this m(",eting. Motion by Mr. Reed to approve amendments to the 1997 Save Our Rivers Five Year Plan. Motion approved. tl..',,~l"I"""; .....__-........ ....,.,~"q.......~..... GOVERNING BOARD RBGULAR MEETING JANUARY 16, 1997 PAGE 11 1 bG 31. A. Approve a Revised Application for Federal Assistance and Revised Grant Ap-eement for the acquisition of 1,233 KRSt more or less, In Palm B~ County, Water ~emeDt Area, State of Florida Everglades Restoration Project, lor the Carroll property and other unldentified properties, und aatborize the Exerotive Director, or his desi~ WI execute the AppUcation and Grant Agrttment. B. Approve the purchase of land interests containing 480 acres, more or less, in Palm Beach County, Everglades Construction Project, STA-2, and I approve the purchase of land interests containing 1,233.18 acres, more ot less, in Palm Beach County, Water Management Area, and authorize a t resolution to the United States Department of the Interior for at least one- half of the acquisition and associated costs. I Mr. Willium F. Malone, Dir{',ctor, Construction & Land Management DepaItIner:1. requested that items 31 A and 31 B be deferred until later in the meeting. Board mem ~t r~ agreed. 32. Approve the purchase of land interests containing 1,428.62 acres, more or l~.ss. in I OSCeQla and Polk Counties, Kissimmee Chain of Lakes Project. l ! I This item was deleU'.d. I 33. Appro\'e the execution of a corrective quitclaim deed in (aryOr of Monrad O. Chandler and Gwendolyn W. Chandler. Mr. Malone preseQted inform~.tion on this item. A copy of the material used ln his present.ation is included in the official record of this muting. I ! I Motion by :Mr. Reed to :tpprove the execution of a corrective quitclaim deed in (avor of Monrad O. <"'''handler and Gwendolyn W. Chandler to correct an error in the legal description for lands in Okeechobee County. Motion approved. 34. Approve accepting the conveyance from Palm Beach County of certain lands containing 4.22 acres, more or less, in Palm Beach County, Everglades Construction Project. Mr. Malone presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. -'--'- .-......-.- :\> .:;:., .:". '.:; }~ \":':< :~"':'~:: I 1 6G 3 OOVBRNING BOARD REGULAR MEETING JANUARY 16.. 1997 PAGE 12 Mr. Malone said by voting on this item, the Board will not be taking a position either for or against the construction of a proposed tower on th..is property. I Motion by Mr. Reed to approve accepting Ule conveyance from Palm Beach County of a:rtaln 1uds conbl.lnlnc 4.22 acres, more or less, in Palm Beach County, Everglades Construction Project (STA-IW and STA-IE). Motion approved. 35. Approve the purchase of land interests containing 190.08 acres, more or less, In Polk and Osceola Counties, Upper Lakes Basin Watershed Project. This item was deleted. Approve the purchase of land interests containing 40.16 lIcrcs, more or less, inl, Polk County, Kissimmee Chain of Lakes Project. Mr. Charles R. Rinaldi. D(,puty Dir~"ctor; Land - Construction & Land Management. presented information on this item. A copy of the material u.",ed in his presentation is I i.ncluded in the offidal record of this meeting. Motion by Mr. Reed to approve the purchase of tand interests containing 40.16 acres; more or less, in Polk County, Kissimmee Chain of Lakes Project; and authorize a I resolution to the Department of Environmental Protection rl;;(}Uffiting reimbursement for tills acquisition and associated C05ts. Motion approved. 36. 37. Approv~ the purchase or land interests containing 4.80 atTes, more or less, in Highlands COlmty, Poo! D, Kissimmee River Project Mr. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management, presented information on this item. A copy of the material u..~d in his presentation is included in the official record of this meeting. Motion by Mr. Reed to approve the pwdlsse of land interests coutaining 4.80 acres, mon or leGS, in Highlands County, Pool D, Kissimmee River Project, and authorize a resolution to the Department of Environmental Protection requ~ting reimbursement for this acquisition and associated costs. Motion approved. 1 6G 3 QOVERNING BOARD RBGUl..AR MEETING JANUARY 16, 1997 PAGE 13 38. Appl'Cft ~ndments to acreements with Don O. Deadwyler, Delta R. Dadwyler aDd &Ira L. Deadwyler to purduIlse land intcRsts, containtn& 46.10 acres, morel 01' lea, located ID Hl&hlands County, KhldulIlV!e River Restoration Project, and. IIppl"Oft the l,-- .,.don by the Sellers the use of the premises for a period of up to one year after dosfn& and approve the reservation by the Sellers to manage I and mainta!n the premises until all Tenants and the Sellers are relocated to other premises, for a period of up to one year after dosing. This item was delete.d. 39. Approve the purchase of land interests containing 35.13 8CJ"l'S, more orless, in Dade County, Model La..,ds Basin. Project and C-llI North Project. Mr. Rinaldi presented information on this item. A copy of the material llS.eG in his presentation is included in the official record of this meeting. MOtiOll by Ms. Singer to approvt the purchase of land interests rontJlininc 35.13 a~ more or less, in Dade County, Model Lands B~in Projet..'"t and C.llI North Projcd.. ~ authorize a resolution eo the DelJartment of Environmental Prottctioa nqucst:in&: reimbursement for this w:quisition 9J1d associated cost.c>. Motion approvt'ld. 40. Approve the purchase of land interests containing .~37.83 I~ lOOn oc less., in Browar'd County, East Coast Buffer Project, and authorize a nsoIuDoo to 1M Department of Environmental Protection requesting re.imbUl'SCment for lhis acqoisition and associated costs. Mr. Rinaldi presented information on this item. A ccpy cf the material used in his presentation is included in the official record of this ID(-.eting. Motion by Mr. Reed to approve the purchase oC land interests CClltaiDinc 437.83 acres, more or less, in Brownd County, East Coest Buffer Project, ..00 lIllthoriu a resolution to fue Department of Environmental Protection req~ reimbuJ semmt for this acquisition and associated costs. Modon approved 41. Approve the purchase of land interests containing 3.14 acres, more or less, in Dade Cow.ty, F..a.s1 Coast Buffer. Dade Broward Levee Project, and authorize a resolution to the Department of Environmentsl Protection requesting reimbursement for this acquisition and associated costs. Mr. Rinaldi presented information on this item. A copy of the material ~d.in his presentation is included in the official record of this meeting. 1 ~ -...--- --,,.-.. -.._-- _... 1 6G 3 ooVERNING BOARD REGULAR MEETING JANUARY 16. 1997 PAGE 14 Motion by Ms. Singer to approve the purchast of land interests cont.a.i.n1.ng 3.14 acr more or leas, in Dade Coonty, East Coast Buffer - Dade Browvd Levee Project.. and antboriu a n8Q1utioa to the Department of Emironmmtal Prc:Kecdon requt.sdn,e reimb1bltDlaIt for thJs acquisition and assad.led corts. Moti4oo a.WIO'ud.. 42. Authorize an amendment to agJeaumt with ~ J. 'fw'ke and Udal Turkt aIkla Ceo'll" J. Turl<e, Jr~ and H..... P. Turl<e. I Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of Ibis me<ting. I Motion by Ms. Singer to authorize an amendment to agreement with George J. TurlCe and Helen Turke alkJa George J. Turtr.e, Jr., and Hden P. Tune for the purchase 0 land interests containing 223.7 acres, more or less, in Dade County, L-31N Project 43. Co~ider acqui~ition of SOR lands. Mr. Rinaldi said staff has nothing to report under this item. End of Public Hearing Chairman Boyd closed the public hearing. BOARD COMtViE!'.l' ~1r. Reed recommended that staff sche.duIe a field trip for Board members to vie I the advancing development in Northwest Palm Beach County, and to invite members of the Governor's Commission for a Sustainable South Florida and representatives of the Department of Community Affairs to develop a comprebensive land use plan LO avoid thl adverse impacts that development may cause in that area. Mr. M.achek commented on the Hillsboro Canal mediatio-:l meeting held January 7. 1997. He said he and staff mot with representatives from the City of Deerfield Beach. the City of Boca Raton, and Operation Dredge. Mr. Machek said efforts are continuing on the development of a scope of work. and the cities are procuding wilh a grant application tb the Florida Inland Navigation District 1 Ms. Singer ask.ed for information on the recent Horida Sup:reme Court ruling on e immunity of Special Districts. Ms. Singer asked for an update on an October 8, 1996 letter to Mr. John Schele ta regarding the sharing of research with the District --- -.............- ooVERNING BOARD REGULAR MEBTING JANUARY 16. 1997 PAGE 15 1 6G 3 PUBLIC COMMENT ~ Mr. James Harvey. representing Florida Bay Initiative and the Florida Keys Fishing Guides .Association. said his clients support the U.S. Army Corps of Engineers report , concerning the carrying capacity for the Keys. He said he is concerned about the sewer issue in the Keys. 44. OMBUDSMAN'S REPORT Mr. Richard E. Williams. District Ombudsman, presented the report. A copy of the material used in his presentation is included in the official record of tbis meeting. MORNING DISCUSSION AGENDA ECOSYSTEM REST ORA nON DEPARTMENT 45. Authorize entering into a contract with Closter Farms, Inc., (Lease 3420) to provide funding for the design, cons Juction, and land acquisition necessary to complete the Diversion Pian. Ms. Jennifer Jurge. Deputy Director. EverglaJes COD.Srl'uctiQIl Project, presented iuformation on this item. A copy of the material used in her presentation is included in the official record of this meeting. Ms. Jorge said staff recoID.lilends approval. Motion by Ms. Singer to authorize entering into a contract with Ctoster Fann~, Inc., (L-ea.se 3420) to provide funding for the design, construction, and land scquisition n~ to complete the DinrsionPlan in an amQunt not to exceed $1,384,091 or w 'ch $976,638 is bu~etcd, and the re~ amount of up to $407,453 is subject to I Governing Board approval of the budget; and authorize a budget transfer in the amount of $976,638 from the Proj Constro.ction Division, lntEngency Expenditu~- Local Governments to Other ContI' Service [ECtO] (Contract No, C-EO(3), I Motion approved. 46. Authorize amending the contract with Stanley Consultant.s, Inc., for professional engineering services associatdl with STA t InJlow & Distribution Works solicitation and construction pport services in an amount to be determined. [EC02] (CCNA, Contract N ber C-EI04-A3) lIIIlIII'II _"__._ -"~_-"'.~. ___~ J...._._______,.,""'~,.-.-~- ". 1 6G 3 ooVERNlNO BOARD REGULAR MEETING JANUARY 16. 1997 PAGE 16 1bis i1Cm was deleted..~ I , 47. AQthorlu ame~ the contract with Bums & McDolllDell, Inc., (or professiorial ~ servic.u associated with STA 6. t Mr. Miller Andress, Director, Everglades Construction Project. presented information on this item. A copy of the material used in his presentaion is included in the official rec'ord of lhis meeting. I Motion by Mr. Reed to authorize amending the contract with Burns & McDonnell, uk., for professional engineering services associated with ST A 6 Section 1 solicitation and , construction support services in an amount not to exceed $97,.168 which is budgeted. I [EC06] (CCNA, Contract Number C-E500-Al). Motion approved. REGULA nON DEPARTMENT 48. Authorize entering into a Memorandum of Agreement with the Executi\!e Office of the Governor, Office of Tourisrn,.'frnde and Economic Dnelopment regarding {Stabtishment of an Expedited Permitting Review Proc.ess 85 mandated by the I legislllture pursuant to Section 403.973, F.S. This item was deleted. 1\ A PUBLIC COMMENT I Mj'. Daniel Coffman, President, Palm lkacb County Horse Industry CounciL agreeo with Mr. Reed's statement about advancing de,,'elopmcnt in Northwest Palm Be.ach County. REPORT FROM 1HE EXECUTIVE DIRECTOR 49. Water Manaeement Highlights Mr. Poole presented information on this itc.m. A copy of the material used in his presentation is included in the official record of this meeting. Dr. Leslie Wedderburn, Director, Water Resource Evaluation Department, presented an update on problems in Lee County resulting ~rom low aquifer levels in the area. I Ms. Singer noted Mr. Williamson's comment at the January 1997 workshop aboutj alternative funding sources for District projects. 'ihe suggested that staff seek an opportunity in the current legislative session to communicate that need to lawmakers. \ ~:':'~~, ::", ~;'::":':;....f::~)t:.-.~'}i _____~.!"'" .11 __. 'l' GOVERNING BOARD RECAJLAR MEETING JANUARY 16, 1997 PAGE 17 1 bG 3 SO. Update on Homestead Air Force Base I&sues Ms. Terrie BateS, Director, Regulation Department, presented information on the Water Use Permit application for the base. She said a report will be brought to tht Board in March 1997. I Mr. Machek asked about the status of the master plan for re-development of the base. Mr. John Fumero, Assistant General Counsel: Regulatory ~d Planning Sectio~. OffiC(: of I Counsel, said a Memorandum of UnderstandlOg (MOU) Wlth Dade County eXISts 10 draft form. He said the MOU will establish a water quality monitoring program and a mast.er plan for the base. I Ms. Nanciann Re.galado, National Audubon Society (NAS), said she is concerned about the apparent pieameal development of the base. She said there is no master plan. anij Loe MOU has nol yet been signed. I Chairman Boyd said staff v,111 notify the NAS when the Homestead Air Base permit application bas lx'..en delamined to be complete and is ready to be brought to the Board for consideration 51. Ent.erlHise Design Update Ms. Jill Womble. Director, Eoterprise DeSIgn. Office of Ent!:rpri.~e Engineering. . pi(~sent.ed the update. 52. Governing Board Follow-up Items Mr. Poole said Board members received information on follow-up ilems as part of e back-up package. 53. Update on Everglades Litigution Ms. Barbara Markham. . General Counsel. ~resertted the update. Ms. Markham said the District has reC(:ived a favorable ruling on a motion in Bensch vs.Metropolitan Dade County and the District I She said Indian Trail Water Control District bas appealed the dismissal of its case against the South Horida Water Management Distriet and the US. Army Corps of Engineers. .- - .. - ..... ..- ooVERNING BOARD REGULAR MEETING JANUARY 16, 1997 PAGE 18 1 6G 3 Ms. Markham said a status hearing has been set for January 29. 1997 in the Fede Everglades lawsuit 54. Update on Everglades Construct)- iD Project Mr. Miller Andress, Director, Everglades Construction Project Staff, presented the update. A copy of the material used in hi.c; presentation is included in the official record of this mecMr~tingC'~h I Le Fl 'd A d b S' . d th 0' . th . . al d I . ar es e, on a u u on OCtcty, cautlOne e tstnct at 11 IS rea y on , a tight con.struction timeline for this proj<x:t, and should consider the "slippage" that is likely to occur. He said his organization is anxious to see the project completed on schedule. Mr. Phil Parsons, Florida Sugarcane League, agreed with Mr. Lee about the importance of this project. He said the Board should discuss concerns about the project time line and cost estimates at the earliest opportunity. Chairman Boyd asked that Mr. Andress and Ms. Barba:a Markham. Gene.ral Counsel. work Wlth Mr. Parson..'; to develop ideas for discussion on this issue. Me Graham asked thkt representatives from U.S. Sugar Corporation also be involved. Ms. Nanciann Regalado. National Audubon Society, asked that representatives from her organization be included Ms. Singer questioned the level of contractor diversity involving the selection of consultants for the U.S. Anny Corps of Engineers S-332B and $-338 projects. 55. Progress Report on the Amendment 5 C05.! Allocation Dr. Gary Goforth, Chief Consulting Civil Engineer, Evergl<ldes Construction Project. presented information on the cost allocation. A copy of the material used in his presentation is ~nc1uded in the official record of this meeting. MI. Charles Lee, Florida Audubon Society. comm~nted on this issue. Respondil'lg to Mr. Lu's comments that the Board should look at the recent Flori a Supreme Court ruling on whether Amendment 5 should be placed on the ballot, Chairmart Boyd asked for a briefing on this issue. She directed staff to schedule a discussion on thi~ issue. and the discussion on the Everglades Construction Project at the February 27. 1997 workshop. Llfi - -----.- Ii - 1" - ~. I -- ~ ---'....iII GOVERNING BOARD RF~ MEETING JANUARY 16, 1997 PAGE 19 1 6G -7 ) End oC Morning Discussion Agenda PUBLIC BEARING Board members ~ to consider items 31A and 3IB at this time. Chairman Boyd opened the public hearing. 31. A. Approve a Revised Application tor Federal Assistance and Revised Grant I Agreement for the acquisition or 1,233 acres, more or less, in Palm Beach . ~~ I Mr. Charles Rinaldi. Deputy Director - Land. Construction and Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of th.is m~ting. Motion by Mr. Reed to approve a Revised Application for Federal Assistance and Revised Grant Agree~nt for the acquisition of l~J acres, more or less, in Palm Beach County, Water Management Area, State of Florida Everglades Restor&tion Projec~ tor the Carroll pro~rty and other lmidentified properties, and authorize the Exe<:uth'e Director, or ht5 designee, to execute the Application and Grant Agreemenl !\.lotion approved 31. B. Approye the purc1lase or land intcresLs containing 480 ,Qcres, more or less, in Palm Buch County, Everglades Construction Project, STA-2, and I appl"OVt the purchase of land interests containing 1.233.18 acres, more or less, in Palm Beach County. 1 Mr. Rinaldi presented information on this item. A copy of the material used i.n hi presentation is included in the official record of this me(.ting. I Motion by Mr. Reed to approve the purchase or land int.en.'st-s containing 4BO acres, more or less, in Palm Beach County, Everglades Construction Projt'Ct, STA-2, and approve the purchase of land interes..... containing 1,233.18 acres, more or less, in l'slm Beach County, Water ManagemeIlt A.rea, and au1.horiu a resolution to the United Stales Department or the Interior Cor at least om~..halt or the acquisition and associated cost$. Motion approved. Chairman Boyd closed the !,>ublic hearing. ':li, ;'.':) ~, ~i GOVERNING BOARD REOULAR MEBTlNG JANUARY 16, 1997 PAGE 20 ~~' i,t; U' 1 6G 3 ~ ;';.1 AFTERNOON AGENDA APPROVAL: 2:00 P.M. A... AddJ tiom, Deletions, Substi mUons ,II. Ms. Terrie Bates, Director, Regulation Department, noted the following changes handed out as additional backup to Items 56 and 57 of the Afternoon Consent -t,\genda: e," RIGHT OF WAY OCCUPANCY ~~;\ '"j. ROW Denial :1 Fountain View Apartments (page 6, paragraph I): Postponed,to February 13 B ard PERMIT APPLICATIONS Surface Water Management Villages of Renaissance Phase ill (page 2, paragraph 6): Approval subject to no objections by Fe.bruary 5 Water Use Joseph E Borek Farms (page 6, paragraph 1): Addendum to revise limiting condition 22. approval subject to no objections by JanuaJ)- 28 Town of Jupiter (page 15, paragraph 7): Postponed lO February 13 Board Environmental Resoura! Millenium Plaza (page 10, paragraph 1): Approval subject to no objections by January 28 Greene Property Wetland Mitigation at Lake Hart (page 12, paragraph 1): Postponed to February 13 Board Lake Fran Flood Control Project (page 12, paragraph 2): Postponed to March 13 Board Abacoa Phase 9AWcst (page 13, paragraph 1): Approval subject to no objections by January 29 GOVERNING BOARD REGULAR MEETING JANUARY 16. 1997 PAGE 21 1 6G 3 SWM ExtensIons Put Villas at We1leby (plge 18. p.aragrapb 1): Approval ,mbject to no objections by February 5 .'': CoaIa1t Aqeements Quail West Ltd (page 19, paragraph 5): Postponed to Febl113r)' 13 Board Martin County Board of County Cr :nmissioners (page 19, paragraph 6): Re..;se to read: Delegate authority to the Executive Director to execu~ a Consent Agreement betwun SFWMD and Martin Count)' Board of County Commissioners involving settlement df an enforcement action regarding unauthori7..ed 1 construction of works and alteration of wetlands in the East Fork of Manatee Cruk without an Environmental R~urce permit (Hanson Grant, Section 30, Township' 8 South. Range 42 East. Martin County) " The Executive Director shall exe..cute the Consent Agrumeot subsequent to execution by Martin County Conservation Easement Disney Wilderness Preserv~ (page 22, paragraph 1): Postponed to Febmary 13 Board Emergency Authorizations and Orders ... Page 23. paragraph '1 revised to include the following for Palm Beach County: C) Extension of Emergency 5urfau Water Management Authorization and Order SFWMD 96-133 DAO-SWM the. Town of Jupiter to a~thorize continued limited , pumping of surface water from Jupiter Community Park. for 120 days ~-...~....~ ....!I'_,-......." ~ ...... ...","----,~,.._'-.,- ::,',: :: : .,":>.;':.j.'~;~:. /(,~ OOVERNINO BOARD REGUl..AR MEETING JANUARY 16, 1997 PAGE 22 1 6G 3 Petition Peter Brynes (page 24, paragraph 1): Added In addition. the following changes were made to the Afternoon Discussion Agenda Item 58. Lake O~bobee (Mitigation Bank): Addendum to modify special condition 10 and add special condition 21. approval subject to DO objections by January 30 Item 59. Keene's Park and Boat Ramp: 1) Petition filed by James E. Slater, Trustee and Alicia O'Meara 2) Petition for leave to intervene filed by Regina Gibbs (Staff recommended transmittal of petitions to Division of AdministratIve Hearings) ! Buoy Line: Petition med by Jeannette Brandon (Staff rc<:ommende) transmittal of petition to Division of Administrative Hearings) Item 60. B. Abstentions C. Pull Items (OT DiScussion !'V:: !tems were pulled. o D. Motion to Approve Afternoon Con.sen't Agenda Motion by Ms. Singer to approve the Afternoon Consent Agend'i as revised. Motion approved. The following iums were approved as part of the afternoon consent agenda: AFTERNOON CONSENT AGENDA: REGULATORY MATIERS ';~ " '- . , ~-- ,. -.. GOVERNING BOARD REGULAR MEETING JANUARY 16, 1997 PAGE 23 1 6G 3 56. Consideration of Consent Agenda for Governing Board approval which includes Consttuction and LaDd Manacement ~tems: Right of Way Occupancy Permit Applications Ri&ht of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Approval Under Amnesty Program Denials 57. Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Easements) Environmental Resource Permit Applications (including Conservation Easements) SWIM Works of the District Permit Applications Denials Surface. Wat.er Management Permit Extensions Consent Agreements Consent Agreement Amendments Conservation Easements Emergency Authorizations and Orders End of AJurnoon Consent Agendll M"TERNOON DISCUSSION AGENDA: REGULATORY MA TI~ERS MlTIGA 110N BANK PERMIT 58. ~~!~~~\i~~~~!;;~~.~~rv:~~~:n:e~ce of a Mr. Robert Robbins. Director. Natural Resource Management Division, Regulation Department., presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. -~. - -- -.... -~ ~- -.... GOVERNING BOARD RBGU1..AR MEETING JANUARY 16. 1997 PAGE 24 1 6G ~ Mr. Robbins outlined the following issues regarding the request: 1. Staff has determined that the proposed removal of 1.200 acres of dense melaleuca and the associated removal of 171.75 acres of Australian pine. meIaleuca and I Brazilian pepper from the adj3cent area of the Herbert Hoover Dike will generate 631 credits for the proposed mitigation bank. 2. The applicant has agreed to treat and remove a minimum of 400 acres of melaleuca trees per year from the site. Since staff has already treated the area surrounding the proposed mitigation bank, it is essential t.hat the remainder of e j seed trees in the area be treated in a timely manner. If the trees are not treated as required, the permit includes provisions for staff to complete the work and to deduct the area from the credits available for the bank. 3. The applicant is requesting a larger mitigation service area than staff can recommend. Mitigation scr.1ce areas are the geographic areas in which well and impacts for permitted projects can be offset through the': purchase of credits frorlt a particular bank. I 4. A letter sent to the Governing Board from FDEP recommended that the Board either approve staff s recommended mitigation service area. or deny the permit application. Mr. Robbins said the applicant has agreed to the first two issues, but disagrees with e third. He said staff recommends the Lake Oke.echobee Surface Water Improvement and Management (SWIM) planning basin boundaries, an area encompassi.ng several regional watersheds. as an appropriate mitigation service area. Mr. Robbins said staff has evaluated the Environmental Resource Permit (ERP) application for the Lake Okeechobee Mitigation Bank and determined that the proposed project has met or will meet all District criteria prior to the transfer of credits for projecL'i proposing wetland mitigation. He said staff recommends approval of an application for construction of a 1380.92 acre I mitigation bank within Lake Okeechobee. The proposed work consists of the treatment and removal of melaJeuca trees at the south end of the Lake. I Mr. Frank Matthews, representing Florida Mitigation Trust Corporation, said his clien bas proposed a new boundary that is more in line with the boundary outlined by staff. ., 1 6G 31 GOVERNING BOARD REGULAR MEETING JANUARY 16. 1997 I PAGE 25 Ms. Krant noted that staff has received a letter from the Environmental and Land Use Law Center, Inc., located in Broward County, supporting staffs position. A copy of the ~tter is included in the official record of this meeting. Mr. Eric Myers. Director of Biological Resources, Broward County Department of Natural Resource Protection, expres..c;ed concern about the Florida Mitigation Trust Corporation proposal. He said the proposal sets up the presumption that mitigation could be . taken away from the boundaries of a specific project. and would supplant an existing District program for melaleuca control in the vicinity of Lake Okeechobee. Mr. Myers submitted a . letter from the Broward County Department of Natural Resource ProteCtion supporting staff s recommendation. A copy of the letter is included in the official record of this meeting. Mr. Mark Kraus. National Audubon Society. said his organization supportS staff s recommendation. He said the National Audubon Society has conums about the Florida Mitigation Trust proposal, and recommends against approval of the proposed boundary line. Mr. John Fumero. Assistant General Counsel. Office of CouDsd, advised the Governilg Board that any amendments to the proposed mitigation service area must be based upon , codified rule criteria instead of alleged uncodified policies regarding ecosystem management Motion by Mr. Reed to accept stafl's recommendation to appro"e a request b)< FloriJ Mitigation Trust Corporation ror tile issuance of a Mitigation Bank Permit for Lake 1 Okeechobce, Palm Beach County. 1 i Mr. Rr...ed added that the applicant is welcome to diswss a request to modify the permit with staff in the future. I 1 I Motion approved. 1 < 1il {!! .'1' ~ ~'I H , ~II ;, i !I ~ ;1, I'! ,I >~,L ill Board members agreed to consider items 59 and 60 together. ENVIRONMENTAL RESOURCE PERMIT i 59. Consider a request by Orange County Parks and Recreation Department for the issuance of an Environmental Resource Permit for Keene's Park and Boat Ramp, Orange I. County i ~: i. ~i I. \i Ii '11 .:'1 ill J! y :'.'<:\ >.'; :'.'~.':./'.' ~"!:'( t:' -: ':-_>.: ..::,.4\ \:.: :..1 ., ~ ...~..~ ::'.~' ..... ---- ----~"----~~--- -".._~~_-.-...' ,.y-- -- -l' -- w-' '-"'-__'n~ "If I----....--....-~ -- .. .-.... I 1 6G GOVERNING BOARD REGULAR MEETING JANUARY 16. 1997 PAGE 26 "2 ./ ENVIRONMENTAL RESOURCE PERMIT DENIAI.. 60. Consider a request by Jeannette Brandon for the issuance of an Environmental Resource Permit for Bouy Line, Monroe County I Ms. Terrie Bates. Director. Regulation Department. said staff has received petitions I regarding these projects. She saId staff recommends that the Board accept the petitions and transmit both cases to the Division of Administrative Heatings (DOAH). I Moti,on by Mr. Hammond to accept staff's recommendation that the Board accept the petitions and transmit both cases to DOAH for administrative hearings. Motion approved. PETITION FOR ADMINISTRATIVE HEARING 61. Consider a petition filed by Rosa Durando and Audubon Society of the Everglades challenging the issuance of Environmental Rtsource Permit 50'{)3707-P (Application 960502-.7) for a project known as Capella, Palm Beach County l\1r. John Fumero, A~istant Gt~ner.1l Counsel, Regulatory and Planning Section st4ff recommends that till': petition be dismissed on the groUIJds that Petitioners were previously, provided a clear point of entry to challenge the instant permit. Ms. Mary Smallwood, representing G L Homes, said she objects strongly to being required to appear before the Governing Board for a second t.ime on this matter. She said We attorney for Ms. Durando has no right to file the petition again. and that the Board's original order in this case is final. I Ms. Rosa Durando, Audubon Society of the Everglades, said she feels that the decision on this issue was made in error. Motion by Mr. Mochek to disr~ a petition filed by Rosa Durando and Audubon Society of the Everglades challenging the issuance of Environmental Resource PennitSO- 03707-P (Application 960502-7) for a project known as Capella, Palm Beach County. I Motion approved. Aye. Mr. Machek, Chairman Boyd, Mr. WilI.iamson, Mr. Graham, Mr. Hammond. Nay - Mr. Reed, Ms. KranL BOARD COMMENT , i 1 6G I ! f , I ) I GOVERNlNG BOARD REOUI..AR MEETING JANUARY 16. 1997 PAGE 27 ~~ Mr. Reed comllllCm1.ed OlD cbe Amendment 5 Cost Allocation. He suggested that staff meet with Mr. Perry Odom. Counsel. Rorida Department of Environmental Protection,l to address the cost allocation issue and report back to the Board. I ~ End of Mternoon Aeenda ,~ ,> ADJOURNMENT I I There being nc further business Lo come before the Board, the meeting was adjourned at 4:00 p.m. I I ;:e , ., I I I i .... :~ , -: South Florida Water Management District! GOVERNING BOARD MEETING Open to the Public 1 6 G 3 AGENDA Governing Board Workshc)p Wednesday, March 12. 1997 9:00 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach. FL I Note: Any am whi::Il ~ on the Rflgular MHtJng ~ 01 ~y, #rANCh 13. 1 PP7, may be an bin for disa1$sIon on fhlI Worlahop AgertdL I CALL TO ORDER I 1, Board questions for staff about any items on the Thursday Regular or Regulatory COMent Agenda. 2. Presentation on the Northern Palm Beach County Comprehensive Water Management Plan and the SoutheaStern Palm Beach County Integrated Water RM(JUrcaa Evaluation Plan. (20 rr.in.) Roxanna Manning, Sr. Supervising Planna" Lower VV8St CoastlSpecial ; Projects CMsion, Pfenning Depll1tment ! I l 3. Briefing on ~nneml wert plan for cdance ztratsgy tNlmi (20 min.) John Ogden, Lead EnvlroMHJntal SclenfJ$t, ExfiC;u!h'8 Office 4. ReWnY of the Ever;lades ConI1Nc:tion Project Permit (1 hr.) Alan Hall, 0Ir8cf;0r, ECO$)'Il8m Restonation Deparfm.3nt 5. I Review of the Everglad.ss Cons1ruction Projed Cost Estimates (3 hrs.) 1 MilJor Andress, otroctor. Everglades ConstnJctjon A'OjcId. Ecosystem RttBtrJratJon D<tpartment GsA9n MlDer, Bums & McDonaJd ADJOURNMENT T1HI AudIr ~ ..",.", folic..., ". ~, buf not ..". r/WJ 2:'6 p.m. .._-- - i ..... .--..-~...~~ .~ _...,.,,4> _ -- -~ ~.....~~...... ....".-~ I I 1 6G 13 j I I MINUmS OF A WORKSHOP or THE GOVERNING BOARD OF THE soum FLOIIDA WATER MANAGEMENT DISTItICl' HELD A"A.LEE COUNTY PORT AUTHORITY TRAINING rACLITY SOltniWlsST FLORIDA INTERNA nONAL AIRPORT 16000 CHAMlS.E:R.L.UN PAIlKWA Y S.E. JORT MYEU, I'L 33913 WEDNESDAY, FEBRtJA.RY 12, 199'7 t:OO A.M. The foIlo1riDa loud MeIP..... were pre.sCDl: VaIe.rie Boyd, Qairm.m Prmk WiDi-"'ttnn, Jr. WiIliIml''''''''''OGd BupDC Ie. Peui.s WiDiam E. OrahIm Richard Macbd: Miriam SiDpt &mud E. Poole m. Secretarj CALL TO ORDIOl The worlahop wu called tD orda' I! 9:00 Lm. by Cb.Ii.nuan Boyd. O1lli~ Boyd wek:omod IocalIOYe"'ftV'-D' offid.h. 1. Board qwriODl fer raafr about UJItr.mI QI8 the Tbandz1 R.eiuI&r 01" Regu.W.ory COOIfDt ~ Mr. OrIluml. qiatiatXd Uem 10. Mr. M~.t ~ iIP2DIlS ad 20. 2. PramtadaD of SOlIdhW\'lrt Jbida I-.- Mr. aq, Mariam. ~. Pt. w,ea Scrrice Caw::r. pm~ ~.tiOG OIl this item.. A copy of the ",JttIIlri., aed m his 1ft ".I.dOll is iDchJdc:d jn tbc ~ rocard of chiI mecti:a&. 1 . . to'. . ." ~ .-;. . , ~ _.~ --- ----.. ............. \ , GQ~(( BOARD EMERGEticr MR~G 1 6G 3 I I I oovmum<<J BOARD WCllXSHOP RU\JWAJt.y 12. 1W7 PAOIB :& ~ BOJd caDod die CIDOIpIIICJ ~ to order lit 10:00 LID. to ~der, imp~ Phue I wa1er abartqc 1'CItricdcma. t irk Brace Ac:Iama, Watr:,r ShortI&c Coordiaatar. Office of Oo~n""tU aDd Public Affa.in. ~ III cmrricw 01 the procea foe ~ walei' Ihonqc i.uuca. He ~d mfr ~~ that Phuc I ~ be ~~ 'I'be ~OGI will allow ~ UIe fer ~ daya p::i WClOt. four boura pee' clay. I Mr. Scott Buma. Director. WaD' UIO Dmdon. RcpladOll Depanment, ~ iDfomaticm OIl ueu of CClDOm'D. chit ha1'O pI'OII'.lpCed the ~tnNlll.~oo foe I'CIUictkmL A copy of Ibc ma1leda1 mcd in hia ~tatiOll is iDcludcd in the offida1l'CCOr'd of thiJ ~ I , Modan b7 Mr. Petdl to appnm 1tatI'. ft{'(III....~.tkm that Pbae I Water Shortace ReItricdaaa be 1mp'-ft')fQted. MoUotI sppnmd. 1;( : , rh.irmlm Boyd retarDed to cbc W'OIbbop qcnda. 3. I"resentadou of CoIlierlBadD lMues i ! Mr. ~ Tcan.,.Adm.inimator BiI Cypre.u Buin, Jm.tented iDtomutiOD on this item. A COFJ of the matuia1 UJed in hiI pr'etaltation is included in the official record of t1W m<eWl:. I 4. PIa.tmIn& 1Xp.vtmeut Prumtaticm of I..owu West c.~ Water Sapply ; . PJ.n'lln.z: lmplemeul8lloll I Mr. Dein Powe1l, Deputy ~, Plam'lm, De~ ~ iDfoanation on tbiI itaa.. A copy of the nwr.riaJ 1Wd ill hiI JR--er.ltttion b iDcludcd ill the officW recoid of thi& meean,. Mr. PoweJlIIid tbe ,..,lmiftl!l'f~ bet~ tile Lower Wat Coat !lqiomI Wuer SlZpply Plan ad ClCc: Watcr 1qJp!1 pI.ms meet . "- CaJ~hl~ B.um. flo aid ItI1f hu ~U5d I Calr~h.~ Bum W.. U_.vmeat Plan. ad u wcniD.& on a methOd to dcTelop ~i .... in Cbc ~ht~ Bum. l ; ~ 5. .rr~WUOD of the Sauftnnst Florida FOCIII Groap and nr-.Iau of AdoptIaa WGrb of the DiDtrIct .~ ~.oAlU)~ JlBUUAJlY l2. U97 1 6 c ~ P'ACE3 1 ,- Mr. lob ..........." Soulb_ Florida Jloc:aa Omap. pelICDlCd IDfcmWicm 011 dliJ , bmA. A 0!l1fJ ~ tbc m.aIlCriIJ 1llIed ill h.i.I pt<< _~ i.a iDdDCIocI in the ~a1 ft)CC)Rt of this ~. I Mr. ~ua RId tbe Facua Oroup~ a1oD& wid1 the BoDisa ~ Ad Hoc CqnmitSrlC, reqaeID that the DiIUict adopt *' Imperial R.iwIr U 1\ Work of the Di.strict (WOO). Ho aid such a deaiplticowoold &11ow tbe Di.strkt to .~.1Dd mMnbtin the 1mperial1U'ftl' u a utora1 .~ ad would -~ md m~taln the dftts ability to hind additional floWJ 1hat wcxJd reduce floodittJ. , Mr. 101m Speer, Bomta ~ Ad Hoc C.ommif11o#., u.id tbe r.nmmiUl:lC wu formed to dca.1 wiIh tho I'OIDltI of IIlCCiDl floodina, aDd the amICI of that fJ.ooctiq. He aUzd that thC DiImct lib *PI to mWMi~ fl~ in the Boaita ~ uea in the fucure. end urged the adoptia1 of tbc Imperial R.iYer u a WOD. I Mr. Meniam uid ItI1f is Iet'~n.. Board ctirectioD OIl wbcttl<< it ahould proceed and bri.n& this Wuc bICt to cbe Board for a dec:ision in May 1997. B,W'd membcn agreed thAt staff &bould proceed. t Ma. EDen ~ an Este.ro resident, &aid &he oppo..te.S adoption of the lmpuial River IS a WOO. Mi. Pam Willis, a Bonita rC$i~ uid Ihc oppo.se$ adopCioo of the Imperial RiJ as .WOD. " Idt.Dobby Leo 1Wly. ,,-"'rirla pIOp<Ity OWDCB Illd reoideDU ofBODitl spJ. aid be oppoaea adopUoo of the Imperial. Rim' u a WOO. & uJ.d the I>istrict abocld work to stop dovdopaxmt ~ wetl~ IkG.I cbc dYu. , MJ. JeaI: BI'II11ey, Bacha Sprb1p~ ~ cou.cem &bou1 the deICrvctioo from I' 000diJJa and ubd dW Ihc Board &ddreu the problem. t Mr. B.riI.u Hunt, F1aridA Biodiveoity Project. aWJ the criteria fIX' WOD'.lbould bb et\}..1V'M to provide for bioZopcat and IWmI1 fuDctioq)l of Chc mu. , , Ma. Nee.ul.mvey, Boaitr. sp:m,a. aid Ibe ~ CIdoIJtion of the Imperial ~ I.S R~. I .:~ I J i '~~.~IXl~._... "___ __._.. -..eo....- -..... .. I I I 1 6G , :1 CJOVi'aNINCJ lOAm ~ FEB!WARY 12. 1997 PACE .. , Wr.. FaDt V1lDo. ~ SpriD.p. laid tbo pocume to dC'tdop the area around dac hnperiallUYu is hiJh. Be aid kdmical ~QlII arc Deeded far tbc f1~ ~ :M Vullo lIIp1 the Dimid CO a:&W PWmin& ~ &'fti1ab1e to Ibo City oCFon Mye:s to u.d&t ill caattcI1in& nmaway ~~l~ Mr. VuDo also utod that the DiItrict provide Idditioaal ~ forptOjocU abI& tbc LowarW_ Coat. lie aid he ~ adoption I the I~ Riftr u . WaD. I ! Dr. JoIm Pitch, Florida Oulf Cout UDi w~.,., Aid tbc DiIUict Deeds to ~ -~ "'~,p'df'..eDt ad pJ...,.m.1 to loc:alllDd 1IIIC pl.mm.J I Mr. LJIc I>aie!aaD.. ADduboa Society of Soa1h Well FJodda. asked that the Board D &mborize IDG1'e ~ ale chm ia available to <<be an.. , Mr. 0entJd Sc.btuambe.qer. Baoita SpriDp, lW.d he 1UJ9OrtI the District',l11nd ~ effarta, and tbe.ldopucm oCthc Impodal Rmr II a WOO. Mr. Stanley He.tm.m. Bonita SpriDp. ~ that the Di.strict consider land acquisitioo cut of mtcmJZ Highway 75 for wlter stonge. " I Mr. Eric R.ci!man. Bonita Spl'it:lgs. Hid be IUppOl1S adoption of the Imperial River Ii .i WOO, and the commenu made by Me. Vullo. ! I Dr. Bob Slayton, Sam'bt-.JJCaptiVA An4abou Society. Did he ~ adoption of the ImpaW River u & ~WOD. i Mr. m.n Sta1i.iD.l. Council (if Chic A.aociatiOIlj of Lee County, &Aid the Works lor tt DiItriCt IWOJrBm is a iOOI that iI. badly uceded. I 1- Mr. I.W. Pritcob, Ia County Director of Public WOlD, aid hia ~ docs net IUPJX the Lower West Coast RcJimt! WIJet Supply P1m in ita Pfe'CDl form. He laid 'he Ls CXJDDemCd that the ~~ aide ollhe pLm 11 dri'ftlD by dle !WUnJ IyIta.ra model. . I Mr. Robert ~ Bcait.1l SpriDp. Rid he q.mca widl tbo ftWft~ClIUde by Mr. Vullo. I , .Mr. 08ry Bcanbley, Itapoosiblc Orawth MM\~~t ~titica. laid Chc Diatrict Uould pay mom aue.udCll to cbc Lower Welt Cout. It:.aid be ill ~~ that there is ll' adeq1we IiD.k betweea wamr ue IDd lad DIe. Mr. BeardUey laid . proc::e.u ahouJd be put iDto p1Ico lID Iddn:aa w-teahcd ~1IaeI. " 't, 6. ~ticm b1 lie Eat Lee ..~ W.,.. Caa.tnJI DfItrid CJOVBRNJNQ IOAID ~ IDIWARY 12. 1997 PACE S 1 6G 3 Mr. Bob Howard. ~tinl the But Lee County WIJN Control District. presented inft'--fiaa OIl tbi.a ian. Mr. Howvd ubd dw the Beard appoint. pnaIl to wad: with '1bIs But Leo CoaDly W.. CcDuu1 Di.cUict u pm of . Tuk Farce to addreu probkmI that a:ist OIl a ro&JN\Sl.l bui.a. M.a. Rae Nm ScboUe. <'AJoo.ftb,tcbee titer Citl'ftll AaeocWioc, uted dW the Boud foem ItteutiOD 0Il1DUIh ~ dW could C1U.te more watet scan,e c:apability. Mr. ,., AIbioo. Ia County ~/~'IUft~-U-.r, Rid be ~ tha talk force approach to addreII iliaci ~ she area ICI"rCC1 by tbc B&Il Lee County Wa=- Comrol DisUict. Be aDd d:lat cbc Board support the i1JitiatM. Board Members qrcecS. Mr. Hammond wluntoeted to IlCtTC u the District'. ~ em the TNt Force. ADJOURNMENT 'I'bt%e bciD& DO fw1her diJcu&sion to come before the Board, the meetin& was adjourned to allow Board Members to tour the Gulf Citrus Grove md pacring plant . 1> (, Ii ".[ ," South Florid.a Water Management District f~ GOVERNING BOARD MEETING 1 6G .~ Open~to the Public l' AGENDA GOVERNING BOARD MEETING Thuraday, March 13, 1997~ 8:30 A.M. B-1 Auditorium 3301 Gun Club Road Wut Palm Beach, Florida Note: Any....,. whIc:h appear on tht U..t;Jg ~ at w.ctneIday, AIaroh 12, 1tQ7, ",.y I>> an bm for dboos$Ion or action on IhIa u..tkJg At/f;nda. AI Of pert d". mNtng ".y ". oonduc::btd u . ~.. ordert)penrA maUnc.m ~ d~ 80MI M.I'/Jben.. CALL TO ORDER Invocation: Lavlnla Ricketts Pledge of Anegiance to the Rag of the Unft&d Stntea of America Oath of Office: Mit.chetl VI. Berger, Vera M. Cartsr, Michael D. Minton B&dion of Chaitman, EJection of Vace-Chatrman Adopt a Re&olutlon Rea1firrrJng the AppoIntment of SImuG1 E. Poole III as Secretary of the ~; and Michael SIa}-1on, James D. Yager, Barbara A. Martdlam, and k/'thony Bums as Aaistant Sftaetariala of the Board; and t Roamrming the Appoh11rnents of Stophon E. Grabe as Truaurer of the Board; . and E. Barrett Atwood, Sr. and Joseph M. Moore as Asalstant Treasurers of the Bc8'd. l Pr8Mntation: . 1DOO ErnpJo:fee of the VaII'SheryI G. Wood, sr., A1t1:.wrrItt, Office of C'AUnMI Servioa Awaudl: . 35 Yeara- Roderict: Chandler, Craft Supervisor, ~ A$Jd Station . . 30 Yoara - GaIy Dukes, TmdeI SUpervisor 2, Pump Station ' ApproYlIJ of the Mlnutas of the GGwrnIng Board WotICahcp of February 12, 1997 end the G<MmIng Board Regular Moeting of Febnmy 13. 1Q97. MORNING AGENDA APPROVAL A. AddIione. O.futJo.... SubdtutIonI B. AbItentiona A. 8. C. D. E. F. G. - I e.n..q eon t~.*G MIrch 13, 1m PIge 2 GOVERNiNG BOARD MEETiNG SCHEDULE 1. Consider Schedule for Upcxming Meetings. 2. Consider Tentative Agenda for AprI Worbhop. 1 6G 3 ., 3. Accept the Audit CommItteo report, including ..~ actions. ~. Approval of Budget Trarmers. MIAMI DADE REGiONAL SERVICE CENTER 5. Authorw. entering Into Q two (2) year coopefatiYe agreemant. subject to Flori< Department of EnvIronmentaJ Pmt8ctioo approval, with Metro-Dada Co'Jt1 . Deparbnent d EnvIror'.mDntBJ ~ Ma:uagenw1t (DERM) for ~ntati( d 1097 BiIcIlyne Bay fM'lM projedIu mandated by the l.egiabtunt of the Sta of Flcrida In the 1;95-7 GeneraI~ Ad. ~ 1he amcunt of $4.57,662, It.: authortD a bud~ 1nanafer In the ume amount from Ruerves to the MlI:sml-Dat ~ion.8J Service Center. (Contract NLmber C-8839) OKEECHOBEES~CECENTER 8. Authorizl amendlng,. co.d).ct witt Mr. \\Warn MJ&w, Jr., for c::Il.Rtteker &eMoc for the Fort Baklger Manatgement Area (l.od;ett Elaate) to e4d8nd the con~ retroa:tiveJy from February 15, 1997, for two addJIk)naI years WI the amount $29,000.98, of which $10.000.98 II budgtMd for FYV7 and tho ramai\lng $19,CX II aubject to GovernIng Beard approval c11he FY88lMoIdget. (~~..tt Nl..I1ltb@r I 517o.A1) 'l'" -- - ~~-- t I ! .." .. --...... ~ Boord U.lI6lQ ....J'dl13. 1897 PIlot 3 t i I I i AutbortD amend1ng . contract (C-8453),wtth Dankn otfice Imaging Company (former1y Eutman Kodak Company) for copy machines (cost1'*-COPY plan) to e.x1end the conb'act through purchate Older for the;9O-day period of 0001IG7 through 00I3lJIf11 ia tho ed.aated amount of $20,530 fOr which fundi are budgeted. (PC P70109S) '1 , I 1 6G 3 OFFICE OF ENTERPRISING ENGINEERING 7. OFFICE OF COUNSEL 8. Requ..t by Dr. Thoma Lo for. Formal Admlnl3trative Hearing regarding ~ of Dr. lo'l .-npIoyment with the Diat:tc:t. (Staff reoornmenda approving the Statement of CompD8nce and granting the Formal Hearing and forwarding to DOAH for 1M aulgnment of an AdmlnJatratfve Law Judge.) t OFFICE OF GOVERNMENT AND PUBUC AFFAJRSt 9. Authorize entering into a cooperative agreement with lle City of Boca Raton UtiJity Services ~ for the design and construction fA Project IRIS Phaae 1A, to cxp&nd the utaization of redaJmed wster wfthin the aty'a IeMoe area, kl the amount of $3OO.COO fOf' which fund. are budgeted. (CoratraQ "lumber C-8114) CONSTRUCTION A.ND LAND HANAGEMENT DEPAFmlEJrr , , 10, Approve staff mcommondationa for: releaS8$l of DistrId canal, minerai and road . l'e$ervationa. rol8l.\M1 of T.I.I.T.F. canal reservationl and issuances at OO:"'HJS$) cxmmItJmnta. . 11. Approvo tt~ a<x:eptance 01 land Int8nma consJstiog ,of Temporary Construction ~ on 10.30 &e::I'M, more or .... In ~ 21, 23 and 24, Towndlip 48 Sou!h, ~ 28 Eut, Co5w County. CocoIwtchee CIIuJ- Phase 3 ~ ~~ ! t~ Autteorlza amendIna e contract with Gee & Jonaon b'the c:cnt!nuqJ contract of general ~ IlefVtcelIo pnMde rnac:f\anIc8I arid ~ deaGn ~ . for the B-1 Emergency Opet... Cerd8r not to UCl8ed $92,000, and authorWJt · budget tranIfw fromEng~ & ~ tMRt;emeI.r. BuDding. and Impn:Mmenta to ProfeasIonaJ ~CCNA) CondIng ServtceI. (Contract Number C-7028, A-1)' 1 i! 12. .. .- -'I l' .~ l ~ ~~~ ,..',...-~~--~,... -... ~' '." . .' ~ 80IWd UI.tirlQ MIn:ta 1S, 1887 p... 1 6G 3 j 13. Authorb:e . -o.I.Ml ~ cnIIrfar. 0Qt~..t wIh Art. 0eIIgn & ConItructior Inc., for the An1Idcana wfth ~ (ADA) cornpIIsa proJec:t for conatnJc:tio: at the Homnteed FlGJd StatIon edmInIatrIdion building, G-G3 (Coral Gables Structure mt MiamI FIeJd Station. In thell'nOUnt 01'$8.825. for which lunda &rl ~~- (Centrad NwnbIr C-e052, C.O. 12) 14. AuthortD ~ 1nID. ~ (X)w~.ct wtIh Martrw ~ ~l Inc., to f!8t.IbIsh the CorkIcntw MJttgation BMk In 'order to permit the prqed I f8IIcre <<he land, rocovw IInd ~ COldII, Itafr COlla Md geneI_ . revenue _MIll for futtn plOjecta. (Connd Nwnber C-8302) . t 15. Approw and endorse an __l'tIl~ of. cde g~ reurvdon from Evadtl4 GaMareJI to SunTMt Bank and N. A. end Gaty Nan ~ on 289,80 aaes of lan< owned by the 0Iatrld In Osceola County, Florlda. j 16. Approve . dlange In prccodure whereby conb'8ct ippmjIcn, In arriving at ar caati.rnat.e of !rl.11It..et value, will be In$tructed to consIdir government aaJes activit) where theM A4les conform wtth the dGfinJtion of rn8It:et value, subject to certain condllicna. I 17. Authorta ~rtng lnto . revenue conb.ct wtil FaCer Wheeler Environmental Corporation to atab&Ih the Laxahatchee M1fjgation Bank in order to permit tho project. res1o!"o the land. recovar the land vatue, dI4f cOD and generate . I"8VenUt1 Itre8m forMure projocta. (Contract Number c.&o1)' ECOSYSTEM RESTORA11ON DEPARTIIENT I 18. AuthorWt amending . contract wfth Unno Tech, Inc., for water quality data anat,... and modoI dwalc'Pfnent. to NYfM me ~~ acheduia and 1'8troacti'...y ~ the COt.t..d by 270 daya, . no ~ COt~" COIl (RAM.. 08] (Con1nIct NUII'lbw C-ei242-M) j 19. ~ ~ ~ an ~wIh f1cdds Powfw 1& ~ (FPl) 10 P8d0rrn WOf1c wfthin FPl.. eaaamem as propoeed by tho ~ of STA 6 hotion 1, !n lJ1) amount U) be deI8nnInod, which II budgeted. (EC06J (Contnad Number C-E6(4) I ~ 8oII'd UI.1rG WItch UI, 19G1 Page 6 1 bG 3 OP~ nONS & MAiNTENANCE DEPARTYENT 20. Authortza amending a remburaement ~Ibact with the Florida DeP.8f1ment 'If r:nWonmental Protaction (OEP) tor laquatic plant management pertormed by tM 0tI1rkt and aubject to future budget amendment In an amount not to exceed S3OO.000. (eontract N\I1lber c.8569-A 1) 21. ~,utbot1ze entering Into . cx.cdJ"ad wtth JPa Lawn Service. Inc. for right-of-way I~ aoMoes In the M1am4 urvIce .... In an amount not to exceed $368,235 for . tve-year peOOd, of whk:h$42,283 II budgeted in FY97 and the remalnlng funds are lub)eet to Govem1ng .Board approval of the FY~ ($75,075), FY99 ($75.075), FYOO ($73.082), FY01 ($71.500), and FY02 ($31.2-'0) budget3. (Contract Nwnbor C-8575) 22. Authorize .. ~ k'dD . COI drad with Florida MowIng and I..andseape SeMce, Inc. b' rfght-of-wlry mcM1ng ItC\'IceIIn the C..ton MfVice ~ In an &nlOUnt not tc exceed $382,433 for . ftve.year period, of which $34,535 II budgeted in FYQ7 and t:h0 ferMlnlng funds are ~ubj8d to Governing Board approval of the FYQE ~m.485), FY99 ($12,48.?), FYOO ($72,485), FY01 ($72,"85) and FY02 ($37,958. budgotl. (CornraGt Number C-S5T7) PLANNING DEPARTMENT 2.3. Au1hol1lm entering klto a cooperative egmem6nt wUh St l.&.IQe Count)' to desbg I . a atormnt.er rcrtr'Oftt aya1Gm to improve &torrr1WatM quality enterilg Ule SlNaMB. Sta1e R~,1n 1he alT.ount dS100.000 of~ 140.000 II budg<<ded and tip remaining $80,000 .. aubjed to Govem1ng Board Approval for thG FY98 Budgu end authom. a budget transfer of $40,000 from th, MaJ1inISt. L..uc::5e SeN!C Center InWageney ~ . Local Governrnwrta to P\ann&ng ~, Upper Eat ~ Piannlng DMsJon. (QontIaCt NtI'nber c..na6G) 24. Authortl:a .-nending . contract wIh Metro-Dade o..,_b..m of Erwi'onrn<<rt ~ ~ tor the _Ign d~ ... tor.... MernI Rl~~ and Ardl Creek 10 ~ 1he tenn nine rraOnttw at no 8ddIIana! cor41ad. om (w.tnt.d N~ c.8758-1\2) t ~ .~ ~"""~""""''''JI'.oIIIIII'l__. .-'f .....1 ~ _ ___~_. ~ " - ___ ,..... ~_,_........ ~~ .....1AMlI _~ _, _~_~...,.....~~ OJ.I,. ,r ~! '.,.'. ~', . : '. '. l ~." . , ,.. ~~:~ ~ .: '<< :~" ~. ~.~ : .:.. , f . ~ ~~ . . ::'<,.'" . '::':''': ,::; ::', ':'::.', '1.;:: " .'.... ':, ~,';..:..','..:;: . " . '. . .. '.. , '.' '." '. .. ~ ." I' 1 t., '" . . , ::;" .,. ,', I'... " :'f :. .' OcMrT*lQ BaIrd UeIlnG Ward'l1:S. 1W7 PItge e 25. Authorize entering Into . o:>ntract with Woodward-Clyde Consultanta to propar€ 13eographlc a"formation SyItem (GIS) COYenIQ8S end IMpI of hII4orlc. current. anc l)O\ICdIsI 0)'Ilkw 8nd IUbmItged aquatic wgeIatJon IocIdionIln the 8t Lude &b IIIj land to develop . GIS Intarface to IIIow 1M Diatrict to pctrfonn further 8I"I8IyaII on thl ''potentlaJ 1ocJtlcn- In the amount d $97 ~ for which fundi are budgG~d (Contract N\I'nber C-77'7Q) 1 6G 3 '.:' 26. Authorta entering Into. ~atNe agreement wUh the Florida Dopar1ment 6 I~ ~ (FDEP) for data collection within the indian RMw Lagoot In tha amount d $136,S70, d whi:h $101,370 II tKJdgeted for FY87 and 11)( remaining $35,000 fa ~ to GcwemIng Board approval of the FY88 ~ (Contract Nt.Inber c.8773) 27. JluthorlD ~ Gto . ccoper&tIve IIgreement with 1he Monroe Cou1ty Board 0 County CommluJoncwI for atormwater management planning In the amount 0 $50,000; and authorize . budget transfer In the amount of $50,000 froo ~ PiaMIng DMaJon - ProfeuJonaI FMIIConauJting Services (5307 to Lower Weat CoaIt & Special Projeda Division - Interagency Expenaa - L.OQ1 Governments (5801). (Contract Number C-8791) ~il 5 End of Morning Consent Agenda PUBUC COIIMENT (AI.ty bit IfKNed to brow PubIIr.; HMt1ngJ Oppc.tt&.ftfy lor II'IllM'Ibn of,.. ptIb/I'J to o'IIan mean d 1t'Jbnlt wIIA1'J 1ft na on ". ~ , .. ~~ NoaiI: ThI Bcwd will cIIa_ 1'MfI"" IndMduIIy In hi order IItId. . )"$ CONSTRUcnON AND LAND IlANAOEMENT DEPARTIIENT 28. Approve the purt;hase of land lnlere1stl contUUng 1 GO.OS aa'IIG, ~ or leu, ~ Pol( and 0ace0Ia Countiea, Upper l..akM BuIn Watershed Projed. mnd authoft~1 . . rMOIution to the Department of Erritronrnerltal Protection' naqueatir'll reimbursement for thiI eoquIaIIon and aaoda18d coD. ChMIN R. Rk1aJcf, Deputy DItectcr; L.and - Construction' & I...&n Management ~ .- . . II . , .'.: .' . . ~ .: <; I....: -- ); GcNIrNng brd Mllt!ng ;'113.1Qg71 6 G 3 29. Approvtt the put:haae of tand .... c:ontaJnJng 3.60 aa-ea, more or ...., in Po~ County. IQammee Chai1 of ....... Prcjec:t. and authoftzo . reaotution to the DtpartrnInt of EnvIrorvnentaI p.ot8dion requesting rUnbLnement for thita acquisition and anodated coats. Charl6s R. Rinsldi, Deputy Ditector, Land - ConstnJctjon &. Land Management .. SO. ~~proY. amendmenta to Agreements with Don O. Deadwy1er and Detta R. OcsadwySef and Sara L Deadvt)'terto purchMe land rnteresta, contalnIng 48.10 .,:rea, more or ..., kated In Highland. County, KIt.aJrMlee River Restoration Project am approve the I'8S8N8tion by the SeDerI. c:A the use of residence on the PnwnbIa for . period of up to one year after dosing; and approve the rMervatlon by the SelJera of managing the Premises until all tenants and the Sellers are rek>cated to other pntm1sea, for a period of up to one year after dosing In the arnount of $1.000 p& month. and authorize a budget transfer of $6.000 for the FY 97 portion from the Land Stewardahip DMsion to the OJ,eechobee Service Center, wtth the rem&lnlng $6.000 subject to Govemlng Board. approval of the FY9a budget Chsrles R. Rinaldi, Deputy Director; Land - Construction &. Land Management 31. Approve 'the purchase of land interests containing 20.95 acres. more or less. in OI~ County, Pool D. Kbi.s1mmee River Project, and authorize a resollfJon to the Department of EnvironmentaJ Protection requesting reimbursement for this Ilc:quLsltJon and aasodated costs. Charles R. Rinaldi, Deputy Director, Land - Construction & Land Mantlgflment 32. Approve the purdlue of land Interests containing 704.91 acres. more Of ~, In Broward County. East Cout Buffer project. and auf:hof1ze G ~ution to th9 Department of Environmental Protection requestint~ reimbursement for this a~ulaltion Md auodat8d c.o81s. Ch1J1le.s R RinaJdl, Deputy DIrector; LIJnd - Construction 8. Lsnd Manag8fT)6lJt 33. ~)J)f'OYe the p.I'ChaH of land ~ ~ 320 Alcres, more or _. In Dade Cc>unty, East Coat Buffer - Dade Broward Lawe Project. and authorize a reaoIution to the D8partment of EnvIrcnmentaJ ProtectIon requesting rWnburieCOOn1 fofthilacquialtion and ~ ~. 'h~"!('~i"'i,'~~~h"';l:'i~"'~""1'~ &. Lane '.': ... ..... '.' ::;, ':;:!I !~'it!i '''1'''''' ~':I',: " t I'>'.' ' n · , i -...... 0cMmIng BoweS t'..tq March 13. 1 ern PIlge a 34. AJ)prov. an IIQraement wtrh the..Cfty of Pembroke Pinel and Bn7Nard Coun regard1ng the property to be pun:haed from Mark Comna.... peraoo re~ Qfthe EItato of~W. ChambenJ, deGeaMd. and.. penoo representative of the &tate ofAl1ene Chambers. de<:eaied. '. ~ R. RlMJd/, . Deputy DIrector; Land · ConstructIon & LsI M~ 1 6G - , 35. Appro", the puR:haae of land IntereIta QOrrtalnJng 25.32 acres. rTlOC'e or leas, Dade County..SouthemGlades (0-111) Project. and authorize a resolution to tt Oepartmont of Environmental Protection requesting reimbursement for tt1 acquldJon and ..1Odated costa. Charles R. RlnsJdl, Deputy DIrector; Land · ConstructIon & Lar MMulgernent 38~ ConsIder acquisition of SOR landl. End of Public H.arlng PUBUC COMMENT (May be c:ontIruJltd .t this em. , no( ~ ptfor t). the Public Hearing.) BOARD COMMENT OpportunIty lot Bcerd IT'Ilim'IberI to ca.a 1M matIwI of InIinIt which ... not on the egtlnda REPORT FROM ADVISORY COMMITTEES Nanc/ann Regslado, Chairman, Environmental Advisory Committee OMBUDSMAN'S REPORT Richard E. Wf11jsms, Dlstrld Ombudsman ~( NobI: TM BotW d dI.aIu I)UllIamJ b'IriiIII). tJ lite ottJtJr lad. DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA OKEECHOBEESER~CEC~ 37. Approv. a MOIl dion urging aupport for federal and Itat8 "-'ding forc:onstructiol of wastewater treab~nt and reuse Infraatruct.ure propoeed by the Okeec:hobe UtiUty AuthorIty and the City-County PubIc Woo1cI AuIhodly of GIadet County. John Morgan, ~ ~.',SeMce,CInt8r " ~~t . ,"~,:! '.~ GcMrr*lg o.nt U.I\q 1IIIdl1J, 1117 Page . WATER RESOURCES ~ALUAn()H 38. WId8r~ Upda1a ... .. LNIe w.ddetbum, DIrer.:tor, Depatfment 01 Water Resource Evaluation 1 6G A. Water Sh~. vai1ance ~. ... Bruce AdamI, ""tel' Conaetv8Iion CoortIlnator, omce 01 , GQvemment. & Pub/!C ~ .-- B. RIJport on v... ConcIltJona keith SmIth, Dit8ctor, Hydtogeology DIvIsIon, Department of Water RNoun;e. EVllualJon . ECOSYSTEM RESTORAnON DEPARTMENT 39. Authortu elltertng.1nto . 9Qtdlac:.t with a contractor to be determ1ned for the construction of the Everglades Nutrient Removal (ENR) PrcJGCt \Vetland Research Test CcsD ModlficatIons to eIlm1nate sources of test cell aeepageneakage In an emount to bldetennined; and authorize .aaociated budget transfers In amounts to be determlned to Everglades COnstrUction Projec:t DMaIon, Water Control StNcturea. {RM05} (Contract Number c-E8602-R) Jennifer Jorge, Deputy DIrer.:tor, Everglades CcMtn1ction Project '-0. Everglades Construction Project Update (20 minutes) M111er Andreas, .Director, EV8tf1IadN Construction ProJ<<;t <41. Beard dJrDdJon to Itaff on fmI condIJonI d EwrgJadeI ConIdructIon Project'I 404 Permit. (DrfKlge & flit AIowtna ConAucIIon) (20 minutes) M1I1<<' And1NI. Dhctor,. EvergIadea Construction Project . <42. Board dInIc'lIon aD Itd en IChIcUI of Evergladol ComtrucIJon Project (30 min.) MIler And1NI. Dhctor, &wgIade. ConatructIon Project REPORT FROMmE EXECUTIVE DIRECTOR . 43. Water ManItgemInt HIghIgtD Samuel E. Poole, UI, ExecutIve Dtw;tor 00wn*Ig Boenf MeltIng U1rd113,1N7 Plge10 44. GovernIng Board FoIIc7N-up ItemI Samuel E. Poole, UI, ExI;CUtJve lJhclor 45. Update on Everglad~ UtJg~ .... BMbara "'-*ham, GfW)fl8ICQun$e1 48. Legla1atlve Update Sally 1rfoPtHJraon, Governmental Repruentstfve, otJJce of Government . PublIc AIfab "- ._. . '.' , Yvonne.GateIger,. GovemmenllllReplN8l'Jtallve, . 0I'II0e 01 Qowmment PublIc A1faJrs 1 6G 3 End of Morning Dlacunlon Agenda 111'1 If 111111 I 1111111 Ifl fl ..Ilfl 11111 . AFTERNOON AGENDA APPROVAL: 2:00.P.M. A. Adca'oM. 011 lib.. Sutlat2bJtiona B. AbAIntiooa C. PulIfIImI for DiIwIIion D. tdoCIcn to Approve AftImccJtl ConMnt Agenda. except for It.DmI puled far dilaJnlcn E. ConaIder AIllimoon ConMnt ~ IWnI Puled for 0IIQaubn. F. ContInue MornIng 0iIa alan AQendI (I applclbIe) G. ConakSer MImcon Dtlalllion ~ AmB:l.MAIIEB.S. NOTE: 7be Board IDIIY not .." eo dI.Icva .... IMJIIndMduaIy .wI "., ~ fhem .. . gf04 An)a>>~ ~...on cntd....... ~ ~. tpM.\1t'0Md Md..",.1o the Dlst; ....11.... tJ "lobby pttIrto ~ dIM ear.nt AQondI. 1JaIJ""""", Ncn.tm.n to ~ auch lima for ItdvItJuIIl cia...... A cr..w dltl ~ epMdI. MlIIIlI* IPX' nDqUIIt by ~ Ihe ~~~IIt"fJ"''''' 47. ConIJdenItion of ConItd Agenda for GovenW1G Board apprOV8I which Indud, Con:11rucIIon and Land ..........nt 1IIIma: RIght of Way Oocupaney PermIt AppIc:atb-. RIght cI Way Occupancy PermIt ModIIcaIIons Right of Way Occupency WaIvwa of DiItrtct Cdt8rIa ':; _ _ _ .__ __..._.1 ;.. =:;:sUeetlng 1 6G ",11 3 48. ConSideration of Consent Agenda for Governing Board approval which Indudes Regulatory 1temI: Water Use Pormlt Appncationl, . SUrface WrMr Management Permit Applications (lnduding Conservation Easementa) ErMronmental RaIOurce Permit Applications (including Conservation EaementI) SWIM \\IortcJ of the DiltrictPermltAppDcatlons Surface Water Management PermIt Extena10na Content.Agreements Water Shortage VariancoI Water Shortago Variance DeniatI End of Afternoon CoMent Apnea AFTERNOON DISCUSSION AGENDA: REGULATORY MATI'ERS NOTE: The BOlrd wl11 ~uu lndMdullty In ftHt order /I6ttN Oft fINI aQWJda. DISCUSSION OF ITEMS PULLED FRO,.. AFTERNOON ~ONSENT AGENDA REGULAnONDEPAR~ENT ITWCD MmGA nON PROGRAM AND L-8 PLAN UPDATE } 49. Annu9.t update on the Indian TraD Water Control 0ls1rlct Unit 11 Mitigation Program . L-8 Operation Plan Robert G. Robbins, DirectOr, Natural RNOUrOe Management DMsJon Anthony WatedJou.w, DirectOr, SUtfaoe Water Management DMsJon SURFACE WATER MANAGEMENT EMERGENCY STRUCTURES 50. ConskSeration of emergent:f atrucUe pennItting guJdelinea to aDow for faster reapc to requests for emergency Iton'n preparation and ftood relief. (ctatf recOmmsndstic for approval). Ken Todd, Supervf$lng PtofNaJonal, ReId Englneerfng DIvIaIon, Regult Department . . .r End of Aftamoon Agenda ADJOURNMENT " .. , ,-'" ~ . '. . I . I '. '. ~ .' ~ ','..' ." . . . .' ~ c ~ . I " , .. . f' ..... . '. . 'f ~ \ f 1 ' ., .). . . . , . '" . . . . c ~ . . ,. : . . " ~ "... . .... ", ~ .~. ,/ ~ '. r ,.' . , l i '. j '.... ~.,: " ",; ~, .;1<"" f 1.......~r;;~:"~,.. , ~. J 1 6G 3 MJ:NtTm8. or A ~dNG or1UE GOVDNING BOAllD or 'l'BB SOtn'B FLOIUDA. WATER MANAGEMEN'I:'DlSTBICl BJlIJ) AT omCBS OF TIlE DISTR1C1', 3301 GUN a,ua ROAD w.lSl' PALM BEACH FLORIDA TBUlSDAY, rBBlltJA1lY 13, 1W7 1:30 A..M. 1be.fotlowiD& ... ....1IM'I wen preatmt: Vak.Do Bo,d, a.inDm PrIDk WiDI-~1 Jr. , WiDiIm HAM"""'" WiDiIm B. 0nluIm Betsy E.- 1UcbanS M~ Miriam SiDpr Samuel B. Pool: In. Seaetary CALL TO OJU);ER 1'be~1 YiIS called.&o ordu at 8:30a.m. by CMinnSft Boyd, followed by the Invocation by Mr. CuniI Qsce.o1.. and the PIcd&c of ADeJiaDcc to the P1I& of cbe United Sutca of America \ 'j Approval of MlnutG Board mrmbcn wczc provicSed a caaec;ted copy of the ~1eI of the 0aYernin& Board ~na of Jc:mary 16.1997 u Idctid~ IIIct up. Modem by l\fa. S1Dpr to approTe the MlDut411 of the Gcmndn& Board WOJ."bbop of J&1lDl'115, U97 eD4 the GcmrDIDI BoIrclIteplar MeeIID& or J1D1W116, .1997 u ClDlndeeL Modou ~ . MOBNING AGi:NDA APPIlOVAL A. AddIdaaI. DeleCIoaI, SaHtI~tm Ma. JoAImD <::kdIcr, BvJl~ ()pcntiau ~r, B.1.bi..JtivO Office, DOted that i=n .tI, ad pmppM 4. 5, ad 6 d. ~ lC).46, .. 2A, Iaa1e heal.... She also DOCICd daat tIaD 61 wiD be ~ at -wn..}p......, 11~ un. today. OCJYBINI!<<J BOARD IBCJUJ...AR MBB11HO PDlWAIlY U. 1997 PAOB 2 B. AbltmtlOlll Mr. wrnt~ ~~:J'Ad aD .. 42. GOVERNING BOARD ~n.NG 8(:HKnULE L ConIIcJer SchMn1e tar Urm'~ Mertf".- Mr. Poole ~Md the ~ of l1ptYwnh1, Mcc"'\V A copy of tbc ICbcc!uIC U ~.wdod ill die orneh} record of tbiI mN!tif\l. 1 6G 3 1. ~"" Tmtatln Apuda far MardI WGl'bhop. Mr Poole llidtbc tr.ntattYe qcada hu DOt been prepared. BellieS tbcwOlbhQp wiI CO\'Ct iauea for DeW Board membal. MORNING CONSENT AGENDA A. PuB ttans for dllcusdon. J J Mr. Machck pulled items 15 and 20. B. MotIon to Appron Ib, C.ommt Apuda uc:ept for ltam paDCld far dlatl-aao. Motion by Ms. Sfn&er to appro".e the ColwJ1t Agenda, except lor Items 15 aDd 20, ",hie we1"e paDecl. MutlOD appro,.!d. 77se folluwinl ilems wn approYu QJ part of 1M Morning Constnl AgDida: BUDGET OFFICE 3. Approftl of BudJct 1'raAIfca. I , '... .. ,j . ;,4 AaIhodze an ~t 10. ~ ~t widl tire Palm Be.c:h Comtty Board of Co..mIy a,n.ftt~~.,. ad the Palm Bolda Co..mIy PJopelt) Appaiser for die (lCIDplctiOD of. GIS hue pIalllllp fer the Imq1IdcI ~,Area to ~ <<be ~p1edaD dm by fhoe m~' to JUDO 1. WIlt DO ~~ cost to the District I'eU'OICCive to Dt.canber 31, 1996. (Comract No. C6965-A2) . Ap~mr the B~ ad ~Il Coatrol Policy (Po1icy 103.20700). u it was _hm~ for fO\r}g"" ad ~-.,rGllIt tbe JID1W:J 15. IfJ117 AI14it O-~ MeedD&..' , i. 4. 5. i 1 I l I 1 i I; :/1 :'Il,........~~.........--......___ .-_~.,~.~lf'lIIIIU'::""_or-_____ ~___.._. 00VDNIl<<) BOAJU) JlBGULJJl MBB11N,O fBBl11AJlY 13.1997 . PAClB 3 1 6G 3 EXECtmVE OWIa 6. A.ceep1lDCl r4 tho 1997 11.m1ioD: r4.fM DilUict'a Ccmprc:r..um ~~ Plan. MANAGEMENT SEaVlCES DEPARTMENT/ADMINISTBATlON 7. .AIdhorble rg)c dcvd.opm.cal ~ tho rcpcal of tbc DWrict', Salary ~ naJe (Docbst No. fJ7-1p). 1bia rule is CD be replaa:d wish a DCW policy bucd upon pcd()R\~ ~"'lpa... B. ConfId.. adopdaa of tbc 1997 Bqual ~tuAity Plan. '.'o-i"'-p' 9. Adorbe Cbe ale of IaIplaa tqv4..11~t 10 Ibe ~ bidder IDdlUblcquc:nt removal of bemllOOS from the propeny I'DCIOI'da. . 10. Authorize ~"II Z'ew:zmc CXXltrICtwith J.R. Trucki.D& forcbeaJe of9"soo cubic yards olll1l'plu 1pOi1a.DWeri&l to e.xt.eDd thecootrlCt, retroactive to.ADJUSt 22, 1995. Chrou&h Aup.at 31, 1997. (CoarrIct Number C6449-Al) ornCE OF COUNSEL 11. Autborbe amending I coo.rnet with Popham, Haik. Schnobricl1. and Kaufman for kill acrvicca and ~an in alppolt of the Di.strir:t'. ckfCDae in lepl ehalle-t'ge.s 10 the Bver&Ja.dea Restoration Pro,p'llll, to e~ the contract for an additional th.ru ycatI and. amend the Icapc of walt to iDc1wSe comp1cx litiptiOl1 m&nen with no iDc.re&se in ~i1'll. (Comract Number C91-2613-A6) I , j 1 I I 1 MIAMI DADE REGIONAL SERVICE CENTEJl 12. Authorbe fDtiDa iDIo a coopetIIhe ~...t 1riIh Dade CoImly ~ of ~ ~~ U~t (DBRM) for ~ pan:huc 10 COLl'p1etc dial coDec1iaD u pat of a ~ modt.t?n, effort far Bia.,.. Bay, in the amount of $75.000; aDd ~m a badpt II'IDIfcr ill Ibe IIDOUDt of $70,000 from Operatioaa ad U~_ DepIl1IDeDt. &It pan:huc IaviDp (56S0) IDd S5,(XX) frcm d1e.Miami-Dade D"V-' Sena Cadar. "'''.r'CY ~tI~~ -.Low ()oyeo~.. (5801) to die ut..M.n.dc RcJkml Scnice 0t.aIer. ~ ~~ - Local Oo~tI (5801). (Caauact Number C-I832) j I "'..-.--- .. _.......,~ -- ---....- -.- - ~ oOvBRNJNo BOAJU) RWJLAJl ummNO JllD.UWAlty 13. U97 PAGB .. 1 6G FI'. MYDS SERVICE.CENTER 13. Aathorbe c:n=iDa imo aCOllU'lCt withJC))n\p' Ih\~. ~ for the exmpletion of. aw&.c:e WIICr.manapmall'ltQdy for.lQUd1v.ut rqicm.of Lee. County, iacluding poI1ioDa of HcDdry IDd .CoIJi.et ~~ u. ideatifled aDd ~~.d in cbc BanitJ Sprmp Flood BvaluatioD ofl99S, in JIIlIlQOUllt DOt to ~ $374,996.29 of which $174.996,29 ia bad~ IDd aatharbe a kdJCt tr'anIfc-z in the amount of $200,~ from Lower Wcat Cout ~.. Starmwa=.- Mu1u P1m - L W.e. to the Fon MyaI Senicc Cai!er, JklaitJ SpriD.p Imp~~onI k',oanl'lct'd.tioD.S. (Ccntnct Number ClBl:) 14.Aut!J.arbe t.ZUI:riD& imo a cooperative ~twith &be Lee County Board of County CnrmyIiviooen for the ~~ ud~1 of Bmaro Rmr in the amount c $85,000 for which fmW are budp&ed.. (CoDtract Number C-881S) 16. Authorize enterin& into. coopeI'ltive qreemt:Dt with &be City of CapeConl for the imp1=ncatatiOQ of ~!f.dODl identifiAd in cbe L/;)e County 011<< Slou&h Watcrsbc.d Study for the improvement of lbc c:onveya.oce of aonnwatu within the S5 Jq\lare mile watershed and tbe diversion of the flow in . more hist.orica1 direaion to the City of Cape Coral Canal ~tcm ill the amount of S3OO,OOO for which flmd\ are bud,cted. (Contract Nambet C-SBI7) 17. Au~orlze t.ZUI:riD& izuc In ~el)t 'With Coasu.l Enviroa1ftllMb1.1Dc. to complete a fin';t phase I.Sseum~t aDd ~ of Estern Bay Ind waIetIhcd. DOt CO exoee. $245,000 of which $200~ iI bud,ceted. ad autho.rfR I budget uazufer of $45,<XX from other contractuallel'Vioe&. (CoDtract Number C-7784) OFFICE OF ENTERPRISING ENGINIUlRING , 18. AldharJze ~ Duo & WOIt order'CCIDUICJ with ()mft~. 'Inc., Mhiq cbe competitim provir1cm of the DiIIdct Procm~ ad CoDhctiD& Policy, f~ tI:dmica1 CODIUltiD& anklea to enlaate pafO"""'~ of cbe DiItrict'. ()'Im."vm~tion aDd Control lyJtCm fonowm.c rdoca!ioa of microwave opcmIiD.J ~s in an IIDDUDt DOt-tD-el<Md $80.,000 wbidl II ~ lAd ....... a1Nd&et transfer from mectramc Support IDd Data AcquiIitiaD. ()cbez ~ &nice. to Profe&sicmal FeesICoD"'~ Serria=s. (CoDtract Number C-8363) j I i I .'~~-~- --.. --~ ..,--~-- ..~~-.. -.- - ~-,--~ -~. _..............~_.- ~- -. - -.-- - HI I _._- ~.l OOVDNll<<) BQW) RBOULAJl wmrriNO FBBJWAllY 13, '1997 PACES 1 6G 19. ~ of.CIe fcaDa1 wri.Uez1 procut and pcdtiOll for fcxmal administrative _",i~ f:iled by A:zJn1 M,rhtiq Group, IDe.., seprdiDa SotIth Florida W~ Jd.aa&emcD1 DiIUict'. ~ frx Bida No. 97..0006. (Staff recomft\Mlds the Ocmmin& Board &my Ibc Pctiticm.) OFFICE OF GOVERNMENT AND PUBLIC AFFAIRS Zl. Amborlze CIlICliD& imo . c:oopcratbe ~t with cbc Palm Beach County W &1U Utilid.ea Depanmt:m (PBCWUD) fer the CODStr'DCtioo of . MubipwpolC Floridan Aqaifet WeD at the PBCWUD'PJ.ant 3W in die lmount.of'$300,OOO.for which funds are budpted. (Contract Number C-811S) n Alltbcrlze CIlICliD& into . cooperati'Ye ~t with the Palm Beach Couoty Water Utilitiea Departmel1t (i'BCWUD) for the e.xpIDsicm of the Southem R.cpon Water Reclamttion Facility in the &tQount of $300,000 for which funds are budgeted. (Contract Number C-8116) 23. Authorlze entering into I ('.ooperative Ip'CCmCllt with the Town of lupircr Water Systems. for DeW ~verse omlosis equipment and aoalylis of plant operation modi~ea.tiona in the amount of SSS.soo for which funds are budgeted. (Contract Number C-8118) CONSTRUCTION AND LAND "lANAGEMENT DEPARTMFJIT 24. . Approft l1Iff ~ml'!ftl1,tiODS for rdeur.. of DiItrict cma1. m.iDen.l and road ft*.( ntiODl., rtkuea of T II T.P. CIDIl ~ aDd iuamcca of DOll-use cnmm1tmtm&. 25. Autharbe .m~n& a Cooperative ~ wUh the PloridaDcpanment of ~ ProtecUcm (FDBP) to prcmde.~ far, 1Dd.~ em, ID~ acd"fltiea OIl the ~.,,~ IUY:er SOlt pcopa'tJ for'ODD "*, rctroICdft to October 1, 1996 in iD IIIlOIJD1 of S85.800, wbil;b' .... ~p4.. (Contract Number C91-2447-A2) ',' ';.:'. . ~. f..aMlW .1Iriaa, iI~ . JJ..IlLJI nl"Fllt whIll.luiJlv "'pede. DI.Il.,.., ae.. .. ....1iv .. ('ulnlJu; ~"f. B-'- ill __.. ,I--ll" ...;u-~ ..... &he 1_( .._ ..1vf IiIr.':":w I.". ...... .1 II. vall I u.~ Inw ... fer f~~ Jlf8j..... (C'~~ I'J~ c: lam) I . l i . . " . .,. . ~' .. ~ / .: ' ... I I. ... . .11- . .' .' " ' . ~ ' . I " I I . ...:.::~ , I ! I ! i I i I 1 I OOVBRNINO BOAJU) RBOULAJl ).{EB11NO FEBRUARY 13. 1997 PACE 6 rt. Appron the pal1W rcJcuc of canal re.aervatl.cm over a pottioo of Tracts 36 IDd 3"1. PIorida Fmit Landa 0.1'-'(' SubdiYiIlaD No.1, Plat Boat 2, PIp 17. Public Recorda f4 Dado CoaaIy, PIodda, IIld 1D4I altDam III Sccclcm 33. Towubip 52 Sooth. Range 40 &st. Dade Covnty. Florida, fer' Canal 6 (Miami Canal). 1 bG 3 ~ I 28. Appnm ~I the Coopcn.th'C ~ wish The Namre CaaIervaDcy. . not- for-profit DrI"'"z-tion, 10 cap doaiPl feca aDd to ex=d me tvm of tbc qrccment &0 uaist in tho 1CqUiIiti0D of land iDaeatI wid1iD the CREW Project aDd the Bast Coast Batfcr Projec&, ad .~ . badpt trmIfcr in tbc lDloant of $200.000 from Land ad Lad lmiao,~.~tI &0 IntcIapzq ~ - NoI-for-Profit Ora~i-tiODS. (CoottIct Number C-7336-Al) 19. Aathorizu detention.2l ",nue_ approval pd ~mlm1 atbority to chc ~li'e Dircct.oc. or hU ~ .. ..!Me k Grant ~ between the South FJoricb. Water ~ IMtrict and the United :~ Deputmcnt of the Interior fee funds dcriTCd from &:tioD. 390 of the Fcdcfal A&ricu1mm Improvement and Rdorm Act of 1996 (p.l. 104-127) (the WParm Bill-). ECOSYSTEM RESTORA nON DEPARTMENT i r t ~ ~. 1 l .1 }.. ~ t f ~ ~ ~. t f f t.. i, !' f i ~ r~. ~ ~.\ ~ I' ~. . ~ 1 . l . I ; ~ , 1 ~i . t ! r. , 30. Authorize ~,1)din& I c.ooperItive qrocmr.nt wid! F10rida Admtic University for collaborative reseaICh in tbc Kil-bmlN"JC-Lab Obcchobce--Bve.rJhdcs cc:osystem to add fc.mdi for Dew and continued c:ollaborItive ~ projects in the budgeted amount of $199.900. (Cao.tn.ct Number C-S240-A3) 31. Ai1th~ entcrin& into I comrlCt with J .q,,1\()- Tec:h. In:c.. to develop . r.ediment . iubmodc-J that will be iDc1udcd to. the Lab ~ water quality modc.1 in the Imount of $66.,0Cl0 of wbic;h $60,200 U bu.dge1e4 for FY97. md the ~t:fftm, S5.800 is subject to Oovezni.nl Board apJ:I'OVIl of the PY9g budget. (Contract Number C- 1613) 32. ADtharize ~ die CODSrICt w1d1 PBml Ca:l.mlCI.DII. P.CJBI'O'MlIDod Caldwell. . joiDt YCI:I1lR, for pro&ui(X)~l ~"I1CniceI UIOci,tM wid1 BNR Teat CeD MocfiBc.daaa CODSU1ICtioI1 &uppon atnicea in III &moaD1 DOt to axcced S220.000 whidlla badptt.d; IDd aD~ . bacIpt trIDIfer ill Cbe IIIDC amoaD1 from the Bco1o&kaD1 ~recS SJ*IDI btearch I>rtiIiaa, WISer Comrol SCmctures to the BvcqJadca Coutruction Project DmIioa., Prorr.uiODll Fees (CCNA) - Construction Projecta. [IUdOS) (CCNA. Cxmw:t Numbl.'lr C-B008-A6) , .j , I ~ '} J j .j . , , \ , 1 ~5_ ~ """" _ __n~-~ _ II 1 iI'-' I' I ~ ',~. ',.'., J, ','.::. ..~~~~~.":':":\-"".,J,~.,. ":,d. ~ .~.~~ ~' .,:. .'\.'."~ .:: ',,' '.' - "'. ',"" .. '...1; ~ . I. . 't '.' '., ~ - : ,:..~.:. ~ '. ooVBlNlNO BOARD Il.BQU1.AR. wmmNO FBBIlUARY 13, 1997 PACI1 7 1 6G 3 33. Authorize IJDf?\di", a coopcntive ~t wid1 tbc UDivcrsity c4. Florida aDd St. JGbDs Riwlr WIJr,t Jdm~ I>iIttict to moal1or maD. kiCle DC" m the WCh and ItUdy the papa1aIiaI1 dyn~mics of apple IDIDI to rcYiIc the clc1iwnblc lChedulc and e.xiCnd the c:ooJ,nCt by Iix mont~ at no additional contraCt CO$t. (Coa.tnCt Number C-E6609-Al) 34. AQ~ cmcriD.& into a cx;attICt with (]e(mcX CorponDOI1 (QeoDe.x) to analyze the . ~ptation ~ c.banIea m me BYCqladeI NutricDt Removal Project in the amount of S149~ ~ whid1 $45,334 II bad~ in FY97. and dle remJm1n& $103,668 is IUbjcc:t u> 00vcmiD& Boan1 ~oval of the PY98 ($51.834) and FY99 ($51.834) badJCU. (Caatract Number c..B8600) 35. Atl61arlze cnII:'ZinI into a ~ CClI1InaCt with ~ &. Eddy. 1Dc., for .tb.t f2m1nlaUmb fjedm, 4enlomneJlt .n~ eftlua~oa2t Plwe 1 of the Cbcmica1 'I\"eIJm,en1 F~ by Direct PilttatiC'iCl Supplemental Technology Demonstration Project. in ID. amount not to ~d $160.000, which is budgeted. (CCNA. Contract Number C.l:.8601) REGULA nON DEPARTMENT i. " l ! r i I /. , r l t I ~ , ., ~ ~ r~' 36. Allthorlu IIxU~1\d;ng a c:ontrICt with person.acl One, Inc. for Permit Records MsnqcmeDt. to extend the contrloCt retrDlCtively from January 22, 1997. for niDe &dditional months. in the amount of $36.000.00, for wbY..h funds are bud~ Total cootraCt amowt sh&11 not aooe.d $86,000.00. (ConUIlICt Number C-7526-A1) 37. Authorize initiation of rultmakin,g and awrove the publication draft of amendments to Ch&p1I:n ~1 and 4QB..S3, Florida Administrative Code to address CC)IDD:1Cnts Iefm bm Ibc JoiDt ~ ProcodtnI CommiUCC. (Doclkct Number 97-3) pLANNING DEPAtlTMENT 38. A1lthodze ~ into a CQDU'ICt wiJh Morpn " Bthmd, IDe. for ooo~nr a baIh)'1'DCUi.c suney of tbe 1Ddian Riwz Lqncm in an amount Dot to e.xc:ee4 $119.614. of whkh $100,(0) iI badptcd fer FY911Dd 1bc mP.mm1 519,614 illUbject to 0cmmiD& BaIrd ~(ffa1 of the FY98 BudJct. (Ccatract Number C- TIll) ~ It.l.-.- 1 6G 3 QOVBRNINO BQA.RD aBOULAJt )(BBTINO PDJWAltV 13.. 1.997 'Aem a WATER.ltESouaCES IN ALVA nON DEPARTMENT 39. J.glbar\JIo cntaiD& IDto 11>= separI1l: mulli JCaf C(JIlIrIClII wich Ski<l&w&J InsU"'''' of ()ccmOp-aphy, Fronbcr ~ lDc.. and Brooks R.md Ltd. foe ultra-trICe merc:ary IDIlyIia of ~ aamp1ca far the B~~ NutriIC'Dt Rt;mO'ral Project 0JNRPl1D an lIPJIll' am_DOl ., _4 $375,llOO. of wbiI:h $11.5,llOO is bud~ for FY '91 and tho rem~1 $2SO.ooo is subjccIt to 00n<&uiD& Board ~ of the ~ '9S and FY '99 bodpt. (ComrICt Numbcn C-l687-C-I639) oW. AWhorUe eDSt:oriD& into. multi year ~..uve qreet"ent wiIh cbc United S,tIICI QcololiW Svrw;y (UseS) for l.Ibol'I.UX'Y analys.i.s of waIU samples from cbc B~ Ntttrit11t R.cm.ova1 (m~) and B~ Pro~on Aze& (EVPA) ProjectS, ~ flam January 1, 1997, in atllDla&m1 DOt to exceed $1,167.2;22. of which $389.074 b budleted for FY '97 and cbc rcmmmt'\~ $778,1.48 ia IQbjcct to Qovetnini Board approval of the FY '9Rad FY '99 bud&Ct (Contnw::t Number C-8679) 41. Authorize establi.shme:Dt of an &pert Alsiftll~ Pool for a tbn:le year period. from December 27. 1996. to De<<mber 21. 1999. End of Mor>>Jn& ComeDt A&euda MQRNlNG plS~JSSION AGENDJ~ DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA IS. . AWharlzIt eDWin& into a coopcraUft .~~.-nt wlCb abe Lee CountJ Board of ComIty ~ for the ~ or .1JIAl'l~ wdr ill the Kehl C..nat. Mr. Chip Merriam. DirectOr. Fort Myrn Scrricc CcDru, said dIiI b a stmd-alonc project. but c:cbts adja=1t projccu -= 1IDdunY by Lee CoaDty aDd ~ dc'9c1opcn. ModoD b1 Mr. Machek to ll1lIt)vIrIze 1DtaiD& intO . cooptnttn .,. ~ wltb Che Lee CoaDtJ Baerd of CoaDtJ C1JllF"....GIIDm 1<< .. ~~ rtI. . .......... ... ID the K.ehl CaDa1 juIt .. of Boalts GnDda __ npI"'" <<be I..un" ~.~alJ weir ID Che amount of $605,000 for wbld1 fDDdI are budf:eIed. (Caatnld N1IJftMr c.sa16). MotIon approncL 2.0. AJr,tbartIe ~~ . dlaltXact with PiDe Joe ~ E()--tlGll CaRr of narida AdaDtlc tJatftRltJ. ()()VBR.NINO BOARD UOULAJl ).{B1r11NO pmuUJJJtY 13. 199'7 PACIB 9 1 bG 3 Mr. ~,k u);r.d th&t IU\ff develop & med10d to verify that the information bein,c diluibutcd to teacl~ undcz this contBCt is ICUIA1ly bciD& caupt to their l1D~nb... MoCICIIl 117 Mr. ~. lD lIIIfhorlxe ~.. . aIDInd with PIne JOI IlaflromDODtlII Ed,ncatlon Centa' or F10rlda AUaDtk UulnnltJ m utmd the tenD of the amtnd for twO yean from Apri130, 1997 thJ:'oo&b April 30,1999 far amdDwatlOll of the Water llauw.-ce Edoe-daD Procram for Tcacben lD the amount of $1~,ooo of wblch $91,000 it budpted fGl' "' 97 with the mnahv'f!I" tubJed to GcmrDIn& Board appronl of the . FY 9811'u.dpt. (QoIJ.tnd Nu.mber C7144-Al). ModOD appnmd. , pUBLIC COMMENT Ms. Rosa Durmdo. ADduboc ~ of the B~ noted chat the aurvival of &be Snail Kite iI dependcm upon ~, c:d~ of ilIolatcd wetJ.uvlt. She urp1 the Board to rr.alli.e that illw an oblii&tion not to illow mitiptian of wet1&Dda a'va)' from ~ affec.t.ed Ii~, and to preserve bow.ed wethnds wherever poIsib1e. Mr. Bu.tkett Neely. Manager, lAw~tt'~ National Wildlife Reserve, &aid iso1a~d wetlands are bendici.al to the SnaH Kite during drought c:onditioos. He said the Snail Kites are f&'nesting in the rr.serve following new water ~t regulations. Ms. Norma Purdue. & Wellin:f.on resident. expreucd ~m about the Forest Hill Mall permit .pp1ic&tion. She ,,*~.<1 tha1 the Board u&ist in rccommendiD& that the At;me Improvement District hold public beariD,g.s on this iJ.suc. MI. Pu.f\lue Also expressed concern about the cost of acquirin& Tn.ct 34 of lbi.s project. Me, WiUism Malone. Direc'~r, eon.strUCtion and Land Management Department, said the District is not involved in the ~on or Tract 34. Mr. Dan Coftin,an. Palm BelCh Coranty Bane IDd1JIUY CoaDcil. expressed ~m about the cost to area propeztY owners if the Brcftank Mall permit lOCI forward. Ms. 01d1 Stem. a WcJlin&Um resident, cxpreued CCJDCII"1'ft Dbout zrowth issueS that may Iri.sc if the Brefrank Mall pennit is approved. llJ)LIC HFAlUNG at 9:30 AX ChIizmm Boyd opened the public bNri.D&- ()(JVIIIUm<<) BOARD IBOlJ1,.AJl w:mmNO JIi1BlWAAY 13. 1997 PAOB 10 1 6G 3 llEGt1LA110N DEPAandENT 41. CaaPA"'II' 840pdOD of role ~. perUbdD& to Upper E8It c.rt aDd In-dnuraee water.. badD aptratiOD dAIIa for 1Ddlncm..llniptloD UN cJ.- water _ pamlm. Mr. ScoU Buma, DirecCar. Wawz UIC DivUioD. Fft*lD~ infor-~ OIl dIia irImL A copy of the m.~ ued in his ~~hltioo. ia iDehJ6ed in the ofIida1 ftlCOI'd of tbiI ~I. Modem by Ma. SIDp' to appronlldopUan of nile ~CI perl_l.d. to badD aplradOD datil for IDdlndaalln:lpUOD .. daa water ... penaltI aDd Che c:d"~ of thae upir&Uon d1at.9 tal' pcrmItllocated witbID the Upper ~ ('.out ad Khslmmee wIlteI' ale bulm. (Docbt Number "-2). ~lodQD appnmd. ~. Mr. WIlllamson. CONSTi.'.UCTION AND LAND MANAGEMENT DEPARndENT 43. A.pproft the parcb.ue of W1d Inte"Uts cmatatDl.nll,41W aa'1S, more or JCIl5, In 0s0c01a and Polk Ccuntla, KJJilrnmee OWD of LUei Project. Mr. William. F. MIleme. Direct.or - CcmttuctiCll1 &; lad !~ a.skcd thI.t this m-.m be defe.n-ed mti11au:r in the ~l. )U)ard members 1&RlC:d. 44.. Appron Ita!J RCOmmmdadon n:aardbll dGIIDI OD JtiIsI~ Pndrle &.latcan Project. . Mr. Malone prezemed informa1ion OIl this baD. A copy of the IDII.erial used in his preJeD~ti.m is kdudcd in ~ offit'itJ z~ ~ this ~tlI. Mr. Malooc llid tbt.rc 1& a potcmia1 for 0DCXp1ocSod ~ 0Il1hia propeny. He aid ~ U.S. Army Cotpa of ~ (USACB) baa Idaaowlcdpd tbat the federal J01eIl.mem hu a respoa.a"bility to ckar the'" bat tfthe. ia cIwed by the 1aDdawDct. tbcle ia DO provision for reimbul.:-mfl!ftt )lz. MalODC &aid lUff ~.~I cbc folknriD.J. The 0cmmiDI BOIl'd ICClept AI the Diatrict'. ~ Ihare. 23.8 pcrc:alt of the map10dcd ~ co&tI. if ay. ad of the JK*'IIIial tiabllity baed OIl the District's plopoIOd owacnbip inIcrcIt ill die l\~tl. _.~~ .. - ~- --- .----- -~~--... ()()VElOONO BOAPJ> JWQULAR MBBTINO PBBlWAltY 11. tm PAOB 11 1 6G 3 Tbc BOlnl ~O'YC iDcreaI1DI the purchue price in ~ amom11 of $947.169. This iDcnIIO ,riB be &lw:'od b1 me DiIUict and ~ StUo 011 a 23.8 pcrotmJl76.2 perccm basis. l'CIP'~y; The Dis:trict enter into a 1bird .Amendment to the Purchue and Sale ~t for the PropertY ~"I the date of cloIiDi as provided in the Second Amendment to MatCh 14, 1997. 'Ibtl Di.Iltdct c1OIlO 011 tbc Pi~ IUbjoct to the foUowiDI cooditions preoede.n~ Tbc QoftmOr and C.hi:Ml1lfOC by March 11. 1WJ thal the Stale accept as me S~', ~ share. 76.2 percen1 of the cl,ear&DCC costS. if any, 1he ~ 1iI.bility. md the $947.169 iDaUSC in the purch&SC price doe to ~ aaeqe adjustm~t; The District and the Stale CI.1SU into m AmMl~z:lU".o.t to the 161 Al;,rf:ement in ~ with lhcIc termS; and Thr. extetl-~on on the dUe of closing to March 14. 1997. The Board ~.JeI&tC to me Bx.ccutive DirectOr the authority to execute · Third Amendment to the Purchase IJ1d Sale Agreement for me Property and the authority to eucu~ an Amef)~t to the 161 .Agcc.m:Jlt with the S~ in ICC()I'daD.:e with these termS- 1bis mat!U will be brou&ht batk to ~ OovcmiDI BOArd in the event the DCiCltiAted tctmS matcriJlly differ from the ~ Mr. Pt.uy 0C0m. Florida Department of EnviroJltnC1ltal ProtcetiOll (DEP), said the sUJe was not aware of my unexploded ~, when it en.tered i'tlto thiJ project. He said his agax;y is now ~ U> cttW1tify the risk for the Governor and ca.bincL Mr. wm;..,.,ttw\ ~ that waminI sip be poded aD 1be old bombiDI nllIc portion of the propertY to make it off limits. Mr. Oeorse wmsoc. Tbc Natare CmsetVaDCY. noted thI.t the land in queation bas been pued. bvf:nM.. trnnted em. ditchM IDd driven em for ~ JWI. He aaid there have been DO ~ ~bl of any kind, IDd the risk illow. Omnnan Boyd dc'kn'cd ~ CID this itmD. untilJa.trz in the mcerinJ. QCJVERNING BOARD RBCJL~ MBB'I"Nl JlBBRl1AP.Y U. 1997 PACE 12 1 6G 3 ~ Applin. dle JHIoichlle ollmd IDteltRi ~ 5.55 elnI, more or 1-, ID Polk C'IUDtJ, fimd.m.~ Qabl al LIbw ProJtd. Mr. Cw'le.s R. IUraalcti.. Deputy Director. lAnd - ~ & Land Mana&cment. ~ iDformVi~ OIl dda ill=. A copy of the IDAICrial WlCd fro. hi.I pretentJdoo iI included in Ibc official record of thiI JDtdin,. MotICID b1 Ma. sma- to appro" (be parchue of IIDd mm.1I CGII~nI. 5.55 a&::I'IlI, man .. .... In Polk CoaDt1, EJPmftVlJf! awn ollAtel ProJIed, ad audlor1ze Il ItllCllpdQD to 8le Department of Eunroumeutal ~l nqastIDI nf!n~<<ma1t for tbJa acqufaUkm aDd ~ed t:06tL Motion ap}lfOnd. .46. ApptOft the pm'clwe of land lu~ ~~fnfnl151J'" IO'S, more or lea, In ~bee County, Pool D, ~fmrmnN!. JUnr Project. Mr. Rinaldi presented irJmmIDOD on d1iJ item. A copy clt the :na1leri.al used in his preu:sm.DOO iI iDt:1uded in tbe offici&1. reooxd of chiJ meeh"l. Motion by Mr.. Sfn&er to .ppl'O'ft the lnudlue of laDd Inttrats COIItalnlnf 151.94 acres, mort or ka, tD Obec:bobce County, Pool D, IGphn~ Rins' ProJ<<t, aDd rmtborlze a naoIutilJD to the ~t of Eunronmemta! P1otectJ<m reqll!StiD: nimburRmcnt for this acqnWdOXl and assodated c.asm. MOtJOIlI apprc:md. 47. Appl'Oft the pu:rchNe fJllmd hlta:a'tJ CDD~ Lllc.re1, more or less, in Browan1 Cotmt1, Rut Coat Ba1Yrr. ETeri,lades Buffer Strip Project. . Mr. lUDakti prcICDtcd iDformation aD Ibis iscm. A ccpy of the material used in his preICD~ II iDc1Ddc4 in the official rccont of d:da m~" M5. Sin&cr as.ked that ruff let the Board knew who the ICller is for this property. Motlcm b1 Ma. SIDp to aq'IpI'Ofe the parc:b8Ie allaDd Ill.... ~~~.dm"l Ll ecns, men cr ... In Bro"ard CoaDt,r, East COMt Bafrer · ~ Balrer Strip Project, aDd aatbarize a nsoIutlOD to the Depu1meDt of EIldfo...~..nt.1 ProtecdCID requestbs& nImb~ far thII ~daD ad .-dldefl aJID. Mo&. III'poftd. 4S. ApJ)I'Oft" ~ with the alf aI PImbrob PIDIII~ the plojla.l, to 'be ~ from Mat C.oJ1INI, . ....... ..._atadft of the Em.. of BDbcII1 w. Cbp''-'I, ~pt\ ad . ,...... bpa_lDtdft 01. die Em. of Arlae OJ.nthM-&, dec.4latld. ----...--.--.-.-' . QOVDNINO BOAPJ) 1U3QU1.AIl wmmNO PBBJUJARY 13. 1991 PAGB13 This item wa& dektod.. 1 6G 3 .t9. A.ppr<m' tile ~ d JaD4 bda..u .,..b!n111( *" Il~""" JIlOL"O or -., in l\ronN CoaDtJ, BMt CocIt Bull- ProJed. Mr. 1UDa\di pescnlOd iDfcnIWl... ... tbIIllom. A COYY of Ihc m&IOriIl aacd In his prtlCD,.tiOll is iDc'bJdcd in tho affici.al reccd of this mocV-n&. MllIIaD bJ Mr. Gn!wD lilllPpNft \be pardIue of JaD4 IDtoIOOI .....l8Jwh1I ~ m.u ...... ...... or .... b Il.....vd CoaDI;J. Eoot Coeot BaBer PrqJecI, ...s aalhorlu . ..",mtIoD to lbe ~ of 1CIrf\nlIl..-..... 1'IvlIOdIoD roq1I5lIDc relmI>........-t far \l1'dM .ppllcat1aD ud ~ted eodL f&)iioD apprond. so. Approft lb. ~ of JaD4 mw..u _III""'C I3A4 ...... JIlOL"O or 1...1D Dade Ccn1\t1. Model LtmdI BMla Pnded aDd Cotll North Project. Mr. R.i.Wdi pre.scmcd information QQ this item. A cap'J of the material used in his prtsenhJ:ion is included in. the of&:ial r:conS of this meetinI. Motion by Ms. ~ to approft the purdJ.a$e of land luten6U COl1t.1nll'\f 83.64 a.c:rrs, more or 1.... In Do& CoaDI1. Mode1 LaDdI BasID Project...s <:-111 NorIh Projec:l, Ond autborb".t a resolution to the o.~t of EnvtromnentU P1rotediOD requesting rdmb1ursement for this a..equbiUOD and agod.ated costs. Mot1oD DPProved.. 51. Approve the purcl1ase of land lDtenStS contalJ'.ill: 1.50 acres, more or less, In Dade County. Sonthem Glades (c.111) Project. Mr. Rinaldi prw.med information on chis item.. A copy of the material used in his p:ac:t)trtion is blch1ded in tile otN-1eJ rec<<d of thiI ~ Motion by Ms. 8JD&a' to appro" the parcbue of 1aDd InWUU CODWfnh'f 2.SO acres, more or Ita, b1 DtIde County, Soatheru GbdeI (c.l11) ProJt~ aDd autbar:lze · ndutlan to the Depa1'tIDa1t of &nh~l'ftVDtal PtotedSou nquestlD& ntmba;rscJDeDt for thla acquJdtlon ad aIIC)eI.~ecJ COlt&. MotIon apprond. 52.. ~f?' ~ 01. SOB.... Mr. Malone &aid staff hu DOd1iD& to report under tbiI i1Cm. EDt of PDhUc JJ.earlDI ~.;rman Boyd closed the public hewl. _..40. _. .......---- ~ ~.r._~~ .--. _.~~~-_. -~_. --- -. _.If~ --- " . .... " . ~ t. !_ ". . , ()()V1DOONO BQA]U) RBOUI...AR. ).{RE1'INO RWWAAY 13. 1997 PACJB14 1 6G 3 OFFICE OF COUNSEL 53. Authorbe a attIeDW:Dt qreemeat of aD bhUII ~~aaUOD KtiOD brroIflD& land "UbfD the Rut Coat Bofter Strip dafv-ted bomadarIeL Ms. Ruth c.:1ememI. Senior Atlomcy. Offkc of Co\mIel. p~ infomatiOlD on this item. A copy of the matUi&l v.aed in her presentatiOl1 iI iDcluded in the official record of this meeting. Motion by Mr. Gnham to amhorl.2:c a ltUlemeut apeemcut or AD lnTa"IC amd~tloD ldJoolDvolTin: !aDd wUhh1 Che EIlIt Cout Snfrcr Strtp dadpatcd bogt1t'Wica it,JW Bon A. Sop<< aDd WIWam ModlJl1 v. Sooth Florida WaiU MfBtIrtPi DJmid, ID the 17th Ctradt Court for Bro",.nt County. Case No. CL 96-OO11UO (13) aclllp~'e aDd Ddopt . R.tllohrtJcu ~ emlD"'fit doJIWn pI~" foZ" the acquIIldOD of cutsiD laDdI 01fJKd b1 Bart A.. SopeI' aDd WIlliam Modah1, amtafm11l136.44 acns, more or It'S[., 1D Browvd cocml7. Eat Coat Bu1fer Strip Project aDd authorize. Ruoludan to the D:pa:rtmr.nt of EnrironYnf'ntal Protection aDd &D appUcadon for Fedall1 ^,m<<rta~ &md C..nmt ~ to die Departmmt oIlDtaior. Fkb and WDdUte Serrice nq~ re1mblJ1'R1DeJ1t for this acqu!dtioD and BIOdat.ed emU and ethorlu the Enmdn Dfnctor, CI" hI. dadcnee, to execute the applicat1cm and Grant Aueanent for federal rdmbanemcm. Motion apprond. BOARD COMMENT Cb.airma.n Boyd briefed Board members on issucI cona:miDl the Oovemor'l Comml$-~OD for a Su$tAinSlb1.e South Florida. Mr. }fammoad DOted a bMfiD& by Mr. John Olden OIl the im~ of waltZ Oow {or wading birds uODI the Lower West Coast. He u.k~ that this iuoe be iDc1udcd u a wmtshop item in MIrch. Mr. Hammood ukcd that Itaff develop a mcdJ.od for upd_ti"l the DiIttict'. pcanit criteria. which he laid are oatda:cd. Mr. Onham Aid the DiItrict Iboald iDcreue ita parUcipatiOll wid1IocalIO~ .....~ts OIl plJftfting Ua1a. He uid Iddio.oo.l pl~1'I ahoWd be located in the District'alervice oemers. oovmooNO BOARD IU!CJULAR WBBTINO RU\IU1ARY 13. 1997 PACE 15 1 6G 3 REPORT nOlM ADVISORY COM1.Ul',UWS Ma. NmcllXP' Rcp.WSo, Q.airm.an. Bm~bl A.c!viIoIy o,.nm~~ JRICD~ the report. A copy of the material used in her prr~tation is i.Dclu4cd in the official record of dd.s ~I OMBUDSMAN'S REPOR.T Mr. IUchard B. Willil1"A, Disttict Ombudsman, prcaentcd imfcmWiOll OIl tis itlem. A copy of (he IDltedal U ~.d in the official record of 1his mcetiq. lWLIC BFAJUNG (')UHlman Boyd I'I>O~ the public bea.ring. 44. A9Plo'e 1tIll'111lCOJIJ.,.....ndatlau ~ dodn& aD IJsslm'mH! PraIrie ~ PrqJtd. Mr. Malone uid staff will work with the federal government to ensure that. high priority is JiveD to tbc iuue of unexploded orrlnanN":. Motion by Mr. W01tamawm to IlpproTe ltaff'1l I'eCOmJIVf\datlon nprdJD& dodnl on InaImIW!tl PrairIe F~l.1ma Project. Motion approved. 0Wnnan Boyd dosed abe public heJrin,e. MORNING DISCUSSlQN AGENDA Board Members agreed 10 con:Ider tum 61 Gt thi.s lime. 'L BnqIadeI c.w.t.:udlcm Project Update Mr. Ml11cr ADdrea. Direc:Ccr. BTCrJ1adcI CcmuucdOD ProJect, 1R1eV~ tbe update. A copy of Ibc DWcria1 UICd in hiI preJeDtati.oo is iDctuded in the offieitl rec:ard of this ~tiD&- Mr. ADdreJS Hid if the District CIDDOt obtain all DtlCe_., pc:mUts far constn1Ction of thiJ project, it wiD not be able to meet the ~ desA1tni".a. ---- --1..111 oovmtNINO BOARD JBOUL,AIl JdBImNO IDRUAIlY 13. 1997 PAOB 16 . 1 6G 3 Ccloofl Tary Rice. u.s. Army CarpI rI. ~~ a\d be f.a IItJllfiNt that his quatiON OIJ!ltUD!nl the poject haTe bccD ~ He aid dJIC USACE aDd the DiJUict have 11m ~'l\CD1 in princip1e OIl the wordin& of the iIIuea foe cbc permit. Mr. WiW.ft'lJOD DOted that work OIl Ibc project may haft to cease if the issues between 1bo USACB aDd cbc DiItrict are DOt resolved. Mr. Poole uid lUff will DOt be able to ItI.rt the project an time. if the peanit must be broo&ht back 10 the Board for coosidenIiOll in Mucl1. Modem by MJ. SiDl.u- to ddep.te authority &0 the ~ft Dindor tD necotlate Che fJ.nI.l ward1n& 01 the penmt Impart with the UA Arm1 ea.,. of Etl~ aDd to DZU the ~t on bt-JWl of the Dlsfrlct. Motion appnmd. Mr. ADdle&s presented informatioa QO cost allocation problems involved in the cansttUCtion project. A copy of the m.alJ:;ri.tJ wed in his pre.tentltion iI included in the official record of this meeting. He JIlid IUJf wID came back to the Board for direction on this issue in March 1m. Chairman Boyd suuestled that staff c:ontJet memben at Florida'. CcqressioD&l dc1elltion to auk. their a.s.sUtance in letting tolls incrC'.ucd doDf, Alli&at.or Alky to help pay for Ecos'ptcm Restoration. Mr. Malcolm Wade. U.S. Sugar Catporation, exprca.sed CXIDCC111 about the cost allocation prob1r.m.s, which be said have not bceu ~y addressed by lUff. Mr. Wade aid some ACCOuntability is Deeded on tbiJ prQjcct. He cmcoara.v.4 the Board to concentrate an identifying the problem, ~ than ~ a IOhJtiOD at cbiI time. and to make sure those problems are avoided in cbc fuwre. Mr. Clules Lee. Florida Audubon Society, &aid the Bverg1.adcI Qmstruction Project ahould be built QI1 time. He &aid hU orpmftlOOD doca DOt ~ raisiD& toDs an lUte roads 10 dean pollution ~ to traffic. HtJ said any additicmal mooey DCCCIed for JU1OrI.tian IboW.d come from the po11uten.. u D)tmAAtwt by A~t 5. EDd 01 M..uLc ~, r"''lIIl Ac-Ja AFTERNOON AGENDA APPROVAL: 1.-00 P.M. ----.-. -- ---.-. .- ..._n 1 6G 3 ~ BQA.ID JB(JULAIl){SB1tNO PEPl1JJlY 13. 1W7 pAQB 11 A.. AddltlODl, DdedODl, SubJdtDtlCDI WI. Tmic BaIrlIt I)iroctor, R.cplAtkm ~ ~ tbc fcDowiD& ~ Jum~ out u 1l1diliaul bIickaP 10 ltr.mI64- 6S of the AftcmOOIl COl'uont ApttA' mqm OF WAY Or.cuP~CY City of North Mi&mi (pile 6, puapph 1): ~11O March 13 Board ~ A.PPLlCATlONS. ... W._UN Pelicm Stnmd (pale 3. parliRPh 4): AppnmJ subject 10 DO objec:ticms by ~18 Pellcm Strand (pale 3. pmgraph 5): ApprOV&llUbjec~ to no objections by FebnW, 18 au Pade Mobile Home VI11a&e (page 10. puapph 8): Addendum to revise limitinl condition 10, approval subject to no objections by 11ebnWY 24 lupizr IW.nd Golf COU1'IC (pqe 11, parapph 4): .A~ subject to no obje~:tions by FebruarY 24 1m Worth MUDicipal Golf Coune (pale 16. para.p1lph 2): Approval subject to 1\0 objeaiODl by Februuy 24 TO'fID of Jopi~ (pip 16, parqnph 3): A.ccept pctitim fer ~ llcarin& from Vi1la.ie of Tcquesta and traDSmit to DOAH EmlrcJDmeDtal Jlnuu.,. t.:e PeUcan Stnmd (pI&e ~ puaaraph 3): 1.Dcludes CQD,ICIVI.tiOll ca~t to the I>isUict, lppIoval aubjcct 10 DO objcctiOGl by Febnwy18 Wata' Use DeaIal J 0 aDd C PatmI (pap 18. parqnph 2): PoItpCDCd to April 10 Board _.~_.,__ 4 __ _ ~~.......__......._ ~........~ ...,.. -- QOVBItNING B01JlD RB(]UL.Alt.1dBB'I1NO PBPUAllY 13. 1997 pAQ8 11 1 6G 3 c....t ~ntII Podct Holmes at Orcm Isle, Inc. (page 24, patIIl'IPh 3): PoItpoDed to Mard1 13 Board Qaail West. Ltd (pap 24, panaraph 4): PoItpoDed to March 13 Board PedtlGDS Oe&,ld NeWIOIIl (pqc 25, ~h I): ~ nm~ of PeUUODCl' (6) to Oen1d Nt1ace Pccu Bry.oea (pip 25, pan.craph 2): ~ to Diacuulon Atenda Item 61 SWM EmerpDC:f S&:rudm'e LAke Worth Dra:inqe District (page 26, patIIl'IPb 1): Rmscd to read: Delcp.te amhority to the Executive DiRlctor CO authorize ~ into a conditicaal mtboriration betwceD SFWMD and LIke Worth I>ra.inage District to opc:I'&1e emer&ency strUCtUtCS 1ritbin Lake Wo:th Dra:inqe ~".t boundaric.s 1bc But;utivc Director shaIl wdlorize the cOnditional ~ subsequent to em:uuon by LIke Worth DraiDqe District J:a Idditioa, ~ foDowiDa ~ ~ made CO the Af1cnIDCIl Diacuulao Apdl' l1em 66. Co11icr Development CoIpontion (petiticm for Dcc1aratory S~t): ~uyA1l;ubjcct CO DO objcctioDs by Fcbnwy 19 QOVBJNINO BOAJD \U3(lUUJl)&B1t11NO FBBlWAllY 13. 1W7 'AOS 19 '16G 3 Item 67. ~ BryDCI (pedtJoa): '1i'aDIfUJ'Cd from Caaf'll'l Apda and revf.a:,d to read: CoPdMr tbc ~ pcdtian fikld by PeUlr BryDCI olbjcctiD& to &a..~~ta1 R.caourCC Standard QeDcnl ~t50-036SS-P and tbo MotiOD to Di,sm1a amCDdcd pcci1ior' fikd by 1AdlID Tn1l W IICt Ccmtt01 DiaUi.et (staff 1'CCO"'-....uW \bat the Qovel'D1DI Bod: 1) accept tbc poWicc. 2) dtsr'J RqUCIl to CQDIider: MotiOn to DimUII. ad 3) uansznlt petitkm md Motion to I>ismlsI to DOAH> B. AhstendODS There were no abstentions. c. pgn ltemI tar J)bcusslon No iccms were pu11c4. D. Motion to A.ppron Af1erDOOD CaDr"t ApJ:da ModaD bJ Moo SIDF to apprGft I!le Aftm>O<lD c-<"\ Aplda. MalIca ~ 7lat following iUm.s wert approwd as part. of flu A/kmoon Ccnsmt AleMD: AfTERNOON C9N~ AGENDA: 'REGIJLA TORY MA TI'ERS 64. ~ of Cement J.&auSa fer Qovel'D1DI Board approval which iDc1v.dcI ~ and Land ~ is=s: lU&h1 of Way ~ PemU1 App1ic-ttOftS JU&ht of Way ~ PeaDh Ma4ifl~ 1U&ht of W.., OcwIlID"J W aiTCd of J)l.sIrict Qi\uia JU&bt ci W., ~ Wll'tal of ~on Pmcel.lnl Pee 65. ~ of COIl'If)ftt ApDAia for Ou..~ BoIrd appron1 whidl iDchJdoa Rapl_" ita'U: WIf1Jt UIO Pamh ~ QOY1IRNINO BOAIW RB(JlJl.AJt ~ H1aJ,UAllY 13. 1997 PAClB 20 1 6G 3 ~ Waf<< ~ Pemdl ApplicaUOJ.l..C ('mcludiDa Conv.rvation B.~) )bvh{C~m.1 ~ P\'aDJl App~Oft.I (i:nc1u4mI ~ BI",m~~) SW1M Worb of c= DiJtrict Permit AppJication.~ DeDi--la Surf,aco Wascr ~ Pamit ~ODI Circoit Court Suits Coolllfl!ftt ~b. PctitiaDI f<< Formal Proceedin& Smfacc Wascr ~t ~ S~ BIM oJ A/f6TJWQ" Co,,"," AI'" DECLAJl.4. TORY STA'l"EMENT 66. EDta' . FbJal 0nV.r ~nl t.o . htStiaD for Dec1antol'7 s~t Wed by CoWer J)enlopment c.orpon.tIao nekf.n& . fkta1Jd!d.ttom . to wUt drcct. U any, the deslpation of pardons of Cooot-aVhfJe W..-t.t' n AD ~ Florida Wrm:r woa1d bave QD GI~J'DtlDt.a11'UlQG1U! pa'Il'4tt1n& ~a:ac n:a1 propertY .nmed by CoWer J)eftlopment CorpcIratioa, kDOWD . Beacb'n1 Pared, IiOc:ated adjIw:eDt ro Cocoll-ubee lUYG'. (Scd1011\ 21, Tomlddp.48 8ogtb, JlaD&e 15 East, CoOta' Coanty) Mr. Dwi,cht Jenkins. Ars/:JrfJlJY. Office of CcraDId. p.ueDb'.(J iDfonnmOD O'.D the petition. A OOVY of the m.I.tt'rial ~ in his preac.ntJ.tiou. is mdudcd in the offlCial record of this moefin&. . Mr. Toay W~. Director. Surface W~ ~ Di1iIioG. J1l'C'ClDzeS iDfomation an Beachway Paroel A copy of the material used in his p<<~riQl1 is iDc1uded in the offic't\l record of tbis moctinI. Mr. W~ ROO"'~ tbat the Bod ~ Ibc fin'l1 order u drafted by 1Caff. Modem b1 Mr. Gnbam to IIl'paOft .aIDe lID. rJD8l Orda' """" to · PeIldcm Jar 1)edar8IarJ Stilt""" mr.d b1 CoDJ-' De~v-t ~ · L'" · ddgJin,-tJnm . to what elred, U aDJ, the ""'r~ of par1Ic.- of ~.J...~. Jltftr . aD ~l"'~ PIad4a WaIa' waaI4 Jaaft .. ...-.b~ I--'lICI pmaltdD& CI!-'--.a.bJ& .... ..~tJ GW1IId bJ Oul"- o..,~ CGrparIIdaD. ~ · B-dlW1l1 Pm'cII, ."hld edJ~ CD COCitllJ.~ Rhs'. (SIed- n. -n,....6Ip · South, ItaDp 25 East, CoDf.. CoaDtJ). MDUcm lIffp&vft4. 00VDNJlf3BQ.W)~~ JUlWAllY 13. 1991 PAOB Zl 1 6G 3 ~"-" the amt'nied peal_ IDed br Peter Jk1Df.I obJ.ldlD& to Ea1'lraaJDeDtaJ V-,.,ace Sta1Idant GetnI Pwrm!t 50-03655-P lID4 Cbe MDtlOD to DJ""'" ~ peddoD med b1lDdJan TraD. Wattr Control Dlltrlct Mr. Dwil:ht 1en~ ~. Ofticc of CoanJel. aaid aWl' recommends that ~ Oovemin& Boa.nS: 67. 1) .ccept ~ potitioo. 2) 6tJI1.y roqVICIt to oaaJiMr Motion to DiIm1sJ. aDd 3) crm.smit pctitioo. and Motion to DismiII to DOAH. He said staff ~ that the Motion to DiJmiu DOt be IC1Cd on by the Board, but that it be tent on to DOAH for asaoclatNI action. Mr. Qu.rles F. Sd1oeCb. repru.eDri!\,Clndim Trail Water CalltrOl District. objcc:tod to staff'. ft:lC01'Dmendltion. lie UI'It'.d ~ Board to deny the pennon a:t1d &cccpt me monaD. to dismils. Ms. Barl>an Markham. General Cor;msel. Nld it is re~le to acoept the petition and cmumit the c:ase to DOAH for II hcariD.& prior to consideration by the Board. Mr. Peter Bryne.s. I Welt Palm BelCh ruidcnt. requested IbIlt b cue be JeQt to DOAR. He Aid local resi~lS have not been kept informed by Indian Trail WaJU Control District about what will hlppen to tbc.ir ~r supply in me Ia1& emm. ltlotfon b7 ML Kraut to lII'9l'Oft Itaff'. l'ClOD'~tiOD to: 1) ac:c:c:pt the petition, 2) d/:JJ11'1q11fl1t &0 c:oadda' ModOI' to Dlrd-, m! 3) ~t pcdtJOD aDd Modan to DUmIa to >>OAR MotlO!l.p}lIOnd. &ard Memben,.,tIITMd 10 ~ ofilern 43. lJIBLIC REARING CMil'lnm Boyd ~ die pabUc JariD&. CONSTRUCl'ION AND LAND MANAGEMENT DEPAR'l'MENT 43. ~'Oft Cbe pwdllll of IaDc1 wwtltl ~-~'~'''''1.GIJQ ..... .... .. _III 0IcetU ad Polk ~ ~r""- a.udD d I.AbI !'roJed. (l(JVJiRNINO BQ.W) UOUL.AJl w:s:BT1NO FBDRUAllY 13, 1997 PAGB 22 Mr. William F. N,~, Dircc:tor . Ccmttuctian &. Land M.ana.ccmcot. .said ap=nent has bccm rcIChod OIl tbc tcrmI md ~(W of this item. He aid m.ff ~"'l'ftdJ ~on1. 1 bG 3 Motion by Mr. BammoDd to appron Che purchue of IaDd IDterestl cout.fnlI111,428.62 ec:nI, more 01' t-, In ~ aDd Polk CoonU-, JrI-'nnnH CIatD or Lat. Project, tmd DD1hcdD a NOIatiOD to the Depllll ~ of Ezni:tllill~nhll Prot.edfo:a nquestl.n& re:lmbanement foI' tbJI ecqakIdoD and llIIIOdatett com.. MJ. Sinp' said thia 1aDd is Deeded. but the coat ia far IlboYc the appn.iacd pric:e. She said &be iI UDOOmfortab1c with the prcc:edcl'~ the Board may be ICttinl. Motion approncL ECOSYSTEM RESTORATION DEPARTMEN'l' 54. Authorlze mterlq Into . contru.t with Berca'UD Land Denlopment, Inc., for aJiatLudion of St.orml1ater TrestmeDt Area 6 (STA 6) Sdcm 1. Mr. Mi11u Andress. Director. Evcrpades Constroetion Projoct. Ecosystem RutoratiOD Depu1mer.1t. presented information on this item. A copy of the m.l.1eria1 used in his pre~tnion i.tl mcluded in the olficW rccocd of thii mec:t;in&. MctiOD by ~ S!npr to auJbotUe eatmn: lDto A concnd wi"" Be:rproD Land Denlopment, Inc.., for ~OD of StormWllter TreoItmcrlt Ara' (STA 6) SecdOD 1, whldllha11 be stI.I1ed amthJ:eut apo.u tbl: District recdT1D& all DeCnIIl'1 permits, iDdu.diD& the USACE prm'lit panout to lbe Oam Water Act, ad lI:Dd rlPu. lD the amount Gl $1,861,000, wblch II b~ [ECP-06] (~ r~amber CoEQ)O). Motion appnmd. 55. Amhorlze a.mmdln& a foar-year cooperatJft qnmteat with Che F1arlda Center far Environmental Studt. (CES) lor a parmenbfp In m11aboraUn I'IIeU'Ch and ~. Mr. NICk Aumcn. R.eIcerch Propm Dircclor. ~1.aem Rr..stontioo Department. preae13ted mfor:1Ntioa OIl dda iRm. A CGpy of the material1llOCl in his prele"tJ1i0l1 is iDcluded in the offici.a1 rcc:ord of this ~. ooVSRNIOO BO.uD JtB(JtJLAR MmmNO PElUWAP.Y 13. t997 ,ACIl 2.1 1 6G 3 I Modon b1 Ma. SbJ&eI' m II1IGaori.ze ~"' a fOClJ'-year COOl>UStift ~t with th~ F!orl4a Ceuta' far ~tal St1ll.i1e1 (CES) far a psrtDenhlp ID coUabot'atlft I~ ell ad a:ct4uuin& to lDcreUt the contract'. FY97 taDCl1D& ID Cbe .moant of $946,017, which" bGdpted, aud IDc:r'cMe the total contract amount to $4,543.on lUbject to GonrDiD& Board approftl of fntI:ln fSIcal rear bud~ aDd ~rbe ba4&et traDlfcn ID tbe amacmtl of $14,730 from SDI!, c~catJallllData ~ and $48.500 from ID~ ExpcdltlJ:ral- recllnJ; $1.1,000 from Okeecbobet SJStemI bIcarCh Dhillon, In~ EJ:pe:Dd1tm"e1 - PubUc Uubenldrs; $20,000 from Eftr&!adeI S,.-.kmI bIcarCh DlnaOD, lnter'alfDC1 EJ:pe:Dd1tm'a1 - PubUc UulftI1IIdCl; $31,000 from ~ ltiftI' )l&storadaD Dlndan, Prof.soml FerslColSultln& Senica aDd S6S,ooo ffom 1n~ EJ:pe:Dd1ture1- Federal aDd 5155,000 from I1tateJ'aPDC1 EJ:pe:Dd1tarCS- PubUc W,,"dtlCl; $7fjT1. tram 800;theru ~orida Ba1 Jldtor&tlon Di'f1don, Cont.'r'ad Employeet _ SaWiu & Wqes and $1,528 from Qmtrad Emptor- - BendSts to St.a.tt, Intera:mC1 E.xper&tures . Publlc UclnrddClli (Contract No. c-7641-Al). Motion appJ'O'ftlCl. REGULA nON DEPAR'IMENT 56. AuthorlR entf'.rl>>r Into. M~ of Al,rWnent with the Exe.cutive Omce of Chf. GoftrDOr, Omce of TO\1rlsm, Trade and Economic DeTelopment. M~ Tc.rri.e B~ Director. ~gult.ti0Il. Depa.rt:mt:nt. presented information on chis item. A copy of the materi.a1 used in bet presenwion is included in the official [W)rd of this meeting, Motionb1 Mr. Gnham to anthorUe at.erln& IDto a MemanDdmD 01 ~t with the Executive Omce of the GvY~, Oflke 01. TourlIm, Tnde and ~c Denlopmcnt rq-dJn& establftdnnf!Dt of lID uped1ted permltd:ac pi'OClll8. pwntlated by the Ieg.islt\tare panuant to Sedlan .co3..973, F.s. Motion apprond. REPORT FROM THE EXECUfIVE'DIRECTOR S7. Water ~ ms"l1ptl Mr. Poole pRlCDtr..d iDfOP".tiOll 00 thiJ it=.. A copy of the maseria1 used in his JnW'h1lion is iDCmded in me offici,1 Rl(:O['d of this mccd.n&. sa. Go,,-~ Bom'4 Follow-UP ltemI . " _ ','". . ,J .,' , .'~ '. I ~ . '1 . " ," . . ' . . . ... ..,.,., . . . .. '.,' . . ,~: . ....:, 'I .... ' -. ' ',I . . I 1 6G 3 QCJVBlRN1NG IQIJU) ~ I&BBTlNO FBBIWAllY U. lW7 PACE 24 Mr. PnoJo said iDfonDltioa 011 this iscm ..... distributed in back-up mueria1 provided 10 the Board. 59. Update CIII Eftr'&IadeI UtlpUoa M.a. Barbara Maddwn. GeDenl Counsel. pre8CD~ Ibe updIJe. A copy of cbc D1JJCrial WIed iD. her prew'hldnn is iDdwIe4 in the of5(-il1lCCXl111 of WS moWn, a. IAP'~ Update ML Sally McPbcacm. ~ ~ft, ()ffb cl Oovtt.~n~ ad PDb& Affahs. pnwcm~,d informltioa OIl \'be Florida Howe at R.cpuaDAatmla WIJ<< &Od lleIourcea ~ Commiuee, 6e ~ ProUlCticG Commi~c, and IC'ftI'I1 billa 1'Cl1abn& to WIltZ M1NtpMmt DiJtrict iauca. MJ. YVODIiC o=ger, ~ Rcpres.entative. ~ of Oo~cmment aDd Public Mm. pzuen'~ infomWiaa 0J1 cbc Depart.mtm of Agriculture nod Consumer Setv:ices bill. the WI1U ManqemcIl1 Review Commit1De, aDd the dr&ft mcomrrlCDdations and amendments of the Qovemor', Tuk Force 011 'Water Supply Dcvelopmeat and Fundin&. MI. Sh\cU ~ a copy of die draft rec<<D""'-lldatiODl bciD.& de\'CJopcd by the Governor's Task Fon:c on WI1N Supply Development aod Pundilll. iDcludin& the proposed 150 f.mCI1dmcnts. 62. Pn~ Report CD the Ammdmmt 5 c.t ADoc:aUOll Dr. 0aIy Oofordl. Q.icf CoaISQJftn, &,;Mt!1'. ECP, BvaJl.ada R.estontioo. Depart:mem. ~tloc,t. iDfmJ:LI!im CI1 tbc rcpx1. A copy of the Jlwaial uacd in hiI pmaeDtldou. i.a iDcloOOd hl eM omcilJ 1'CCOl'll 01 thIa meedna. Dr. Goforth aid ataffMlCda III Idditiaa.a1 wcct to ~Ltc the fi~ of the report with the Depart.mtm of Bmhv-\...-mal Procccnon Mr. Pary Odom. DclpmmeDt of &...itoo~ttl Proccdiem (DBP), Aid IDa apmcy'a positiOlll re~ tho ~tl.l ~ of Am~.zIt 5 em the B,'Cq1IdeI ForeN' A/:;t is that DBP wm defcmd cbc.BftqIIdea Fwo...er Jv::4. Mr. Odom aid ida IIIfJIJ&1 bas CClDChacSod tbat DOChin& baa trIDIpired that woW4 require the Board to rc-a11oca1e ICOItI for' Bftqla.dea rest.otatiou. Mr. Odom n1d ~t 5 mm.u. that poDutra Il'O 1Jrim.ui1y I'CIpODIibJo for payiD& rea&ontiOD COIIL Ho Aid his IpDCJ baa ~n-t dW ~ I'OII'OI'~. mcmI CODUibutiDa IIlCn than 50 pcrocm of die COlt of ~ poUatkm. tbay baTe caucd. ,....~~-.......-~I..........~ ":__1_ ___ : . .,:, ',' . . p. '. . ... . QOVBININO.o.w> ~)CBBTI!O RlPUAAY 13. 1991 PA!Il ~ 1 6G 3 Mr. Odam aid she Board II ftlIPCJGIib1e f~ detmnlnh~: if the Bw;rpadcI Apicultural AreA baa CQIltril.-atod mere IbaD 50 pcn:eDl of &be COlt olabaj",&1bck po11utioD to the ~ BOABD COMMENT . . Wr. ~ DOted daat fbc ~ ~ of A&rioll1t1= Dd C~ SeniceI wn .....i.Iod die Ocrt1:G1Or, ratbcr tbau eo ~ Baud. to ItJtd IJ1 B;u.eutive DinlcUlr tar .. WIfI:Jt WI".,.,-.. DisUic&. liD ~ CQDXID about this iIIUO ad laid it aboW4 be ~ '" Ibc Bod. Mr. WiDl-macm Ildd he It.u beea ubd by ~ Warez Mma&emcm Di.IUicU 10 speak to the ~I cabiDct _bout 1hla iuDe. JAr. Ha:a.uncmd. Mr. On.h.tm IDd MJ. Sinp' also c:r::preucd c:oocem about chis p'01'iIIkm of the bill. Board Membtn returned 10 con.rideration of iltm 61. 61. Eftr&lada eoDStrudion Project Updau Mr. Bill Orcen. reprell42lti.D,C tbe Sull! CIDe Orowcn Co<JPU&tive. raised a procedural point ~ the 8cw'd', deJeSa.tion of KUtbarlty to Mr. Poolr. 10 De&otWc the USACE. permit . Mr. ~ laid the actioo. mcau fha1 the Bo&n1 willllot ICIC the permit before it is .ppau4ed. He said the Board ahould be abklllO ICe tbc pemnt Wore fb:W don II tabn OIl it. Mr. Gteen mp1 cbe &ard to at ..ff 110 DCJOCiaZ Ibe pcmUl <<1I1dit\OD.I aDd briD& &be iaue Net to tbc Board ill March 1997 f~ public cor1'~t IIDd lIW'oval. ML ~ a1d tbD BaIrd baa die IJ.1Iborit1 to ~plc qtatme ~O'Ya1 to Ibc B'Ir~ Db~. SlaG said CIIICD t:be ~ Dh~ baa "pd cbc F""lt~ t.be DiIUk:t cumat d\I~ ~ bat odJa' JIvapIIDd ~ COD14. Madara ., Mr. Graham to..... .. ~JI ~ paalld to ... El.. -,," DbwdK to .'11..... .. ... ~_ or.. ....1 ~ will .. us.. ArIaJ CarpI 01 BIlc'-w, ad 10 lip the,..t _lMbaIf oItbel*dcL ~ .....OY& - - ~--11'- - -- ~ BOAllD JtBOU1..AIl wmrnNO JIBBlWAltY 13, tm PACE 26 1 6G -$ PUBLIC COMMENT Mr. Ib'c E.cI3cr, Sne Oar Bwq1adaI. ~ted em tbe Am~~t 5 Colt Allocatioo. F.lc said the BoI.rd aboDld bop plamt\q r~ Pbue D of the BccIyatem RcIUntioo. ~ DOW, aDd abou1d Dtt DCloUatin,c f~ the land tb&l wiD be ~. Mr. lC.eIIu .md ~ DisUk:t CaD c::owz arI1 ~ abonfaIl by a:dCD4in,c the ad valorem tuCS.. or by OOI:lowlna the 1ZUD:l1. He aid the DiIuk:t abould alto look closely at rcquiri.nI the pollut:n to pay for me ~ Mr. C:wks Lee, PIarida ADduboa Society. expte.ae4 coocem about the delay that coa1d OOCQJ' wid! the USACB pcmdt. He illeS the DiItti.ct ia movin& in tbc ctimcticID of hniDa re.noration f.auea dealt with tbroup Utiption. n Appron nbnbmnanent at lepI I. In the amoc:mt c)f $15,.567.50 lor repreleJ1tUion In eChles cue, which 1fU Mr'nfftlNt Motion b1 Mr. Graham to approft rdmbanement of Iepl feu In the amomlt of $~.so for rtp:raa1tadOD l.n ethJc:s cue, which wu cUlmlaec!. ModOD apprond. End of AfterDooD Azmda ADJOURNMENT 1'bcre bein& DO further b\1$iness to come before the Boan1. the meetil1l was adjourned &1 4:10 p.m. '3(,. ~ !:... u. .....~.l~.j :... J / . . ::,. '. \'. .. " ~ I 1. . ", . '. . ,I .. .,. . '~.,.' ;':-.' .: " .'.", '; ..f ~~~0t1!~_~10~ld~_~~t~;Ma~~g~~en !_DiJ~t~t_3- ,~ ' =-- CIOVfJ<NINCl BOAI<I) MEF,TINC; \\).V~ Open to the pubJir \; / AGENDA . . . ' GOVERNING BOARD MEETING Thursday, April 10,1997 8:30 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, Florida AGENDA ADDENDUM The following item will be considere(j in the Morning Discussion section of this agenda. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 32A. Consideration of a commitmentlo the U.S. Army Corps of Engineers (COE) to offset any adverse impacts to the mitig<'ltion permitted by the COE for the Sunset Lakes residential development project located in Sroward County, and to accept, under specified conditions precedent. fee ownership of Section 26 - the Sunset Lakes mitigation parcel. (Staff recommendation is for approval) Mike Slayton. Deputy Executive Director RECE\'JED Am - 41'-'191 L F\ N:\~Ct. --- -----... _ _.._..._"~__._..~J1___ _..~.-- :,.<::.:. ..;::....: " \ ':-.. ,'~ " . ", . '. 1 6G South Florida Water Managernent District GOVERNING BOARD MEETING Open to the Publir AGENDA Special Governing Board Meeting Wednesday, April 9, 1997 9:00 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL CALL TO ORDER 1. Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. 2. Address issues related to the Eve~glades Construction Project's 404 Permit (Dredge & Fill, Allowing Construction). 3. Address issues related to the Everglades Construction Project Funding and Timeline. ADJOURNMENT GOVERNING BOARD WORKSHOP VVednesday,ApriI9,1997 Nofrf: Any iIetn which .eppeanr on the Regular !-.f6<<ing ~ 01 Thursday, Apri 10, 1997. nwy be an ..", lor disctl$$O) on this Wcri5hop Agenda. CALL TO ORDER 1. Supplemantal technology research and demonstration proj8\,"1s.' (1 hour) Nick Aumsn. R8S8arch Program Director, Ecosystem Restoration Department 2. Overview of District's Mitigation Banking Program (30 min.) Marjorie Moore, Lead Environmental Scientist, Land Stewardship, Construction and Land Management Department ADJOURNMENT -- :' ,. . J' . I I .1'. J 1 6G 3 MINUTES OF A WORKSHOP OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DI$TRlCT HELD AT DISTRICT HEADQUARTERS, 3301 GUN CLUB ROAD, WEST PALM BEACH, FLORIDA WEDNESDAY, MARCH 12, 1997 9:00 A.M. The following Board Members were present: Frank WilliamM>n, Jr. William Hammond Eugene K. Pettis William E. Graham Richard Machek Miriam Singer The following newly-appointed Board Members 811;0 participated Vem Carter Mitc~ll Berger Michael Minton Samuel E. Poole ill, &-eretary CALL TO ORDER The workshop was called, to order at 9:00 a.m. by Vice-Chairman Williamson. 1. Board questions for staff about any items OD (he Thorsday R~ or Re:platorJ Consent Aeenda. Ms. Singer questioned item 12. Mr. Machek questioned item 4. Mr. Minton questioned items 23, 25, 26, 14, and 17.' '-~ . . ~ :.. .,' : . . . '. 'I;;' .' . ~. ,,'. !" \ .. I . I !.' '.' . 1 6G "3 GOVERNING BOARD WORKSHOP MARCH 12, 1997 PAGE 2 2. Presentation on the Northern Palm Beach CoWlty Comprehensive Water Management Plan and the Southeastern Palm Beach County Integrated Water Resources Evaluation Plan. " Ms. Roxanne Manning, Sr. Supervising Planner, Lower West Coast/Special Projects Division, Planning Department. presented information on the Northern Palm Beach County Comprehensive Water Management Plan. A copy of the material used in her presentation is included in the official record of this meeting. Ms. Len Wagner, Senior Planner, Pla.nning Department. presented information on the Southeastern Palm Beach County Integrated Wll\ter Resources Evalu.ation Plan. A copy of the material used in her presentation is included in the official record of this meeting, Mr.. Macbek noted that property owners in the area where lIDS type of planning is underway arc concerned that the plan may affect property values. He asked that staff address this issue. Mr. Hammond asked that staff look at methods to increase the water supply through the use of conservation. Mr. Minton asked that staff take Martin County issues und(~r consideration in the development of plans for the Upper East Coast Ms. Rosa Durando, Audubon Society of the Everglades. said staff should pay more attention to water quality problems that will surface in the future in these areas. Mr. Dan Shalloway, District Engineer, Indian Trail Wa.ter Control District. said his organization is encouraged by staff's work. on these plans. . Ms. Nanciann Regalado, National Audubon Society, said she is concerned that the plans do not have environmental enhancement or protection as an objective. 3. Briefing on general work plan for science stratea teams Mr. John Ogden. Lead Environmental Scientist. Executive Office, presented information on the science strategy teams. A copy of the material used in his presentation is included in the official record of this meeting. Ms. Mary Ann Poole, Florida Game and Fresh Water Fish Commission. expressed strong support for the process initiated by Mr. Ogden. L.. ....,___ .- - .---- - '. \~. ,.~"..: ~~/~...: j' .~": '.. \~:. . :': ~,~ '~~~ . (.~ >':-':)1. . .: 'I:~r 'I'-"';~<:';' . ~ ,~'.~ i, ,~,:.1 ::'}':,y\;;. I~:' ">' ':~~)? '~' \ ...!.... .: "' ~' , . \ '. '<;' ;;1/ ,:.~.~ .'~ ,':: 1 ;' - '... :'. , '0/: ". ........ . ;>~.:;:~./~'.. \. .'.' ,'l, ;>1 ):,.~;', :.'~~'_.~: ~ I a' " ,",,~' - ,.'~ - ......~-. C :~;,,' ~': ~}rlf, :~.t:;;..:.~ '. :'~ . j' '." . ',"'<."..'! :\: , .~. '. I . \. " , ~ .. '~;':,:::l .'" ( ..... ..;~y 't. ("5'\ G~tt; , ',.. '.'., ;{~~:/( ''',' .,'::,'t .1' \:\'.'~"'/: ..\~i:~T \ '~rJ..",,~, > 'J :~:::;: ':'~~~,;\ ;~ :::~::;/" ;;'~;.'..;;:, "J>. '"..' .' . ./:\, 1 . ~',:'., , ": \! , ' \:: .,"- .~, ~.' "~~"~:-. '. \ : " . ~.'" '. ! " " " . . .I' " .', ,:,:'} , ,; " I. ", .' : \. .... .\,fI, . ., , ',I 1'. , .. , '" ~ ~. .' . .' ./ , \ .' J .. ".', :..r. '.' ,,' : '" !~:' , ~ .. . '. , .' .. 1 6G .3 GOVERNING BOARD WORKSHOP MARCH 12, 1997 PAGE 3 4. Review or the Everglades Construction Project PennU Colonel Terry Rice, u.s. Army Corps of Engineers (USACE), b.anded out a leucr to Board Members concerning the final permit He ~ that Board Members read the letter before voting o!l.the permit at the Thursday. March'13, 1997 regular meeting. A copy of the letter is included in the official ('C("'ord of thLc; meeting. . Mr. Uoyd Pike, Counsel. USACE~pri~~ted information on the Corps' authority to include special conditions in the permit Mr. Berger asked that staff provide information on the diffe:rences between the permit requiremenrs and the Everglades Forc...e.r Act. Mr. Minton asked for a fmancial analysis of the impact of the timeline changes mandated by the ~rmit Mr. Philip Parsons, representing Florida Sugar Cane Leagw:, said be is concerned that the permit imposes financial risks and burdens, conflicts with the pro"isions of the Everglades Forever Act. and raises questions about the partnership between the USACE and the District. Mr. Bill Green, representing Sugar Cane Growers Cooperative, said the permit goes beyond the Corps' authority under the Oan Water Act He recommended that the Board vote against approval of the permit unless certain paragraphs are deleted. Mr. Charles Lee, Florida Audubon Society, said the permit represents the effort by fede.ral officials to meet their obligations for Everglades restoration. He urged the Board to approve the permit at ill) Thursday, March 13, 1997 meeting. ~1r. Gene Duncan, I'epre.~nting the Miccosuk.ee Tribe of Indians of Florida. said acceptance of the permit by the Board is the only way to avoid litigation. He said federal jurisdiction is supreme and urged the Board to approve the permit. Mr. Perry Odom, Florida Department of Environmental Protection. said be bas not seen any document that validates the Corps' jurisdiction to impose the special conditions in the permit. 5. Review or the Evef2lades Construction Project Cost Estimates Mr. Alan Hall. Director, Ecosystem Restoration Department. presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. .,.-r--" - oM -.,.. GOVERNING BOARD WORKSHOP MARCH 12, 1997 PAGE 4 1 6G 3 Mr. Miller Andress, Director, Everglades Construction Project. Ecosystem Restoration Department. presented information on alternatives to address the funding shortfall for the projc:ct. A copy of the material used in his presentalinn is included in the officiallCCOnI of . . ' this meetlDg. . He said the alternatives include: Increasing ad valorem taXes; :;~ul.~-~i'i..u t,Vl'lV 'n iub~ ~.:: Revise tue construction schedule. Dr. Tom Fontaine, DirectOr, Everglades Systems ResearCh Division, Ecosystem Restoration Depanment. presenle4 information on the environmental impacts associated with revising the constrUCtion schedule. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Rick Burgess, U.S. Sugar Corporation, said staff should be looking at the cause of the shortfall, rather than methods to address it. He said a line-hy-line comparison of the ECP is needed to identify the cause. . Mr. Poole said staff has provided adequate iofortIUltion on this issue to U.S. Sugar Corporation. Mr. William Malone, Dirc'.ctOr, ConstruCtion and Land Management Department. presented information on cost increases for land acquisition. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Charles Lee, Florida Audubon Society, suggested that an outside consultant be hired by the District to perform a detailed financial analysis of the project. He said his organization does not feel that delaying the project is warranted. ADJOURNMENT There being no further discussion to come before the Boud, the meeting was adjourned at 4:30 p.m. -- South Florida Water Management District GOVERNING BOARD MEETING1 bG 3 Open to the publir AGENDA GOVERNING BOARD MEETING Thursday, April 10, 1997 8:30 A.M. B-1 Auditorium 33uI Gun C.,it RuZ= West Palm Beach, F!orida Not,,: Any;rem which app6iAf on the Me6tng AfliNlda 01 WadnBSdBy. A4,,;} 9. 1997. msy be an ,.." IfX c:/isCUSSion or.edion on this AAHfk)g ~ .NI or patf 01 tI>b mHMg may tt6 (;ICI()CiuCtsd as · ~ I.... a In ordor to psrmJt maximum par:ic4>ation 01 Gov9m1na 8c8.rd Msmbers. CALL TO ORDER A. Invocation: Rob Sosnowski B. Pledge of Allegiance to the Flag of the United States of America C. Presentations: _ Joseph Schweigart - Palm Beach Chapter of the Florida Engineering Society (FES) for .Outstanding SerVice to the Engineering Profession- D. Service Awards: . 30 Years: Gary Dukes, Trades Supervisor 2, S-SA Pump Station . 25 Years: Bob Ulevich. Director, Reid OperationS. Okeechobee ReId Station E. Approval of the Minutes of the Goveming Board Wor1<shop of March 12, 1997 and the Governing Board Regular Meeting of March 13, 1997. MORNING AGENDA APPROVAL. A. Additions, Deletions, Substitutions B. Abstentions GOVERNING BOARD MEE11NG SCHEDULE 1. Consider Schedule for Upcomln~ Meotings. 2. Consider Tentative Agenda for May Workshop. 3. Accept the Audit Committee report. including recommended actions. 4. Accept the Human Resources Committee report, including recommended actions. --...-.........-.--.-...-. -.-. .. . .. ; """1' ; .' ,'-: Governing Board Meeting April 10. 1997 Page 2 1 6G 3 I ;:' MORNING CONSENT AGENDA Note: The Board may not wish to discuss these hems Individually and may llpprove them as a group. AIly0n8 wishIng to .peak on one of these lsaues should complete a speaker card and aubmIt It ~ the 0Wtrict repmentatlve In the lobby prior to consideration of the Coqaent I\genda. nUs wUl permit the ~ to put such Itams for individual discussion later on the agenda. A. pullltema for dlscuulon. B. Motion to Approve tho Consent Agonda except for tt.~ pulled for dIscussion. (ttoms puDsd will be considered by the Board under the Discussion 8Q6nds) BUDGET OFFIC:e 5. Approval of Budget Transfers. OFACE OIF ENTERPRISING ENGINEERING 6. ...sue a purchase order for the renewal of a contract, C91-2102, Ytith American Management Systems for software maintenance for the time period 5/01/97 throu~ 4J30/98 in the amount of $65,304 for which funds are budgeted. {Requisition Number RX X(03645) MIAMI-OADE REGIONAl. SERVICE CENTER 7. Authorize entering into Ii cooperative agreement subloct to Florida Department of Environmental Protection approval, with the University of Miami to conmue tdentifying factors contributing to the deveJopt'mlnt of the causes o~ a.br\OrT1l6fiti in Biscayne Bay fish in the amount of $82,000 of which $60,000 is budg<<tted and.uthot1za a budget transfer of $22,000 from Miami-Dade Regional Service Center Interagency Expenditures -Local Government to Interagency Expenditures - private VniYer&itie6. (Contract Number c-8930) CONSTRUCTlON AND LAND MANAGEMENT DEPARTMENT 8. Approve staff recommendationS for releaSeS of District canal, mineral and road reservations, releases of T.I.I.T.F. canal reservationS and issU8nC8S of non-use commitments. 9. Authorize entering into a revenue contract wi1h Foster Wheeler Env\rOIlI"fl8I Corporation to establish the Loxahatchee Mitigation Bank in order to permit the project. restore the land, recover the land value, staff costs and generate a revenue &lre8I1l for future projects, (Contract Number G-8301) '.'.-:: ....... ,:, I.".., . , ...__ ~_.,~___.._..__..__.n' _._.,--~ ..,...--~ -w-~. ~.._..-- -- 4~"'~""""'~ 1 6G 3 Govomlng Board Mealing April 10. 1997 Page 3 10: Authorizo Rule Development for Amendments to the District's Public Use Guido, Incorporated by Reference Into Part V, Chapter 40E.7, F.A.C., Docket Nurnber 97-5) 11. Approve partial release of leasehold Interest from the Trustees of tho Internal Improvement Trust Fund for the Kissimmee River Management Laaso. (Lease NumbMA099) -., ..- - -"- - ,..... "ern"'" ECOSYSTEM RESTORATlON DEPARTMENT i 2. W......Oi'.z.G entcrir.;; ~'":tc z. coopere.t!ve ag~",~nt 'With the University of Floridallnstitute of Food and Agricultural Sciences (IFAS) to conduct a fertilization and irrigation optimization project to Elxtend best management pral:rticos (BMPs) to fruit and vegetables growel1l in the South Dade area In the amount of $149,907, of which $14,057 is budgeted for FY97, and the romaindor Is E;ubjoct to Governing Board approval of the FY98 ($72,850), FY99 ($35,820) and FYOO ($27,160) budgots. (Contract Number C-8612) 13. Authorize amending the contract wiU, Hutcheon EngineelrS, a division of Klmley-Hom and Associates, Inc., for professional engineering services associated with STA 1 West solicitation and construction support services in a l1ot-to--exceed amount to be determIned. [EC02] (CCNA, C:,>ntract Numb-ar C-E101-A3) 14. Authorlm amending the contract wi"th Stanley Consllttants, Inc., for prof&SSional engineering services associated with 8T A 1 Inflow & Distribution Works &olid\ation and construction SUPPOlt seMceS in a not-to.excood amount to be detemlinoo. [EC021 (CCNA Contra.ct Number C-E1 04-A3) 15. Authorize entering into an agreement with Florida power & Ught (FPL) to perform work within FPL's easement as proposed by the design of 8T A 6 Section 1, in an amount to be determined. {ECOO] (Contract Number C-E604) 16. Consldor the formal written protest and petition for formal administrative hl;)amg filed by Adnan Investment & Q&velopment, Inc., ragardlng South Florida Water Management District's Request for Bids No. C-7'618. (Staff recommends the Governing Board deny the Petition) OPERAll0NS AND MAINTENANCE DEPARTMENT 17. Authorize entering Into a contract with JP's Lawn Sorvice, Inc. for right-of-way mowing services in the MiamI service area, for a three-year period, with two one--year renewaJs at the option of the DIstrict. in an amount not to exceed $368,235, of 'Nhlch $42,283 is budgeted in FY97 and the remaining funds are subject to Governing Board approval of the FY98 through FY02 budgets ($325,952). (~tmct Number C-SS75) : ~;"_::' ~ ,~ ~.~ .' ~ : . l ,,'. " , " . . ,f'~'" (, ~"'" \ . .. . . ," l ~\ 1 6G 3 Governing Board MtH)tlng Apnl10, 1997 Page 4 WATER RESOllRCES EVALUATION DEPARTMENT 18. Authorize amending a cooperative agreement with the U.S. Geologi\~1 Survey (USGS) for add\tlonal surface and groundwater mon\toring and to add an investigative study, In the amount of $107,802, $11,350 of which funds are budgeted, e.n:j authorlze budget transfers In the amounts of $75,365 from Upper East Coast Planr.i~ J DMsIon - Federal Matching Funds to Hydrogeology DMslon - Faderal Matching i::unds and $22,386 from Hydrogeology Division Furniture and Equipment to Hydrogeology Division _ Federal Matching Funds. (Contract Numbor c-8009-A 1) End of Morning Consent Agonda PUBUC COMMENT (May b6 moved to follow Public Hoaring) OpportUnIty for mombers of the public to discuss matters oIlntore4t which are nol on the S{JNx:!s. PUBLIC }-tEARING at 9:30 A.I\'h Note: The Board will discuss thesa ltE>m5 \ndividually in the order Dsted. REGULATION OEPARTMENT 19. Consider adoption of amendments to Chapters 40E-61 and 40E-G3, Florida Administrative Code, to address comments trom the Joint AdminlstraUvs Procedures Committee. (Docket Number 97-3) Paul J. Whalen, Manager - Everglades RegulaUon SecUon, Regulation Department CONSTRUC110N AND LAND MANAGEMENT DEPARTMENT 20. Approve the purchase of land interests containing 1.57 acres, more or less, In Pol< County, KIssimmee Chain of Lakes Project, and aul:horlm a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. RinaJdl, Deputy Director; Land - Construction & Land ManagetrJ8nt 21. Approve tho purchase of land into rests containing 54.78 acres, more or less, In Highlands County, Pool E, Kissimmee River Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for thls ncqulsl\ion and associated costs. Charl6s R. Rinaldi, Deputy Director; Land - Const11/CllOn & Land Management .......~..,- .. .......--...-- ..... - ...--.....-...---. ~,f~\~. r-:;t\i.\j<'i\"~m11~1 N)"'~*''> "!J(,.,'..;r~",', . J'(~-";"': A..:. ~~~'-' :::,,;t.~'..,.k oi:\ \".... ~..'; . '. .... ~ " . ~ . '~; Governing Board Meeting April 1 0, 1997 Page 5 1 6G 3 , 22: Approvethe purchase of land Interests containing 630 aerns, mora or loss, in Martin and Palm Beach Counties, Pal~Mar Project, and authorize a roso!ution to the Department of Environmental protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director;' Land - Construction & Land Management 23. Approve the purchase of land interests containing 65.68 acros, more or less, in Palm Beach County, STA-1W and STA-2; and approve declarin!J surplus, land interests in a strip of land in the East Coast Buffer, in Dade County, and authorize to quitclaim ana excnange, io rilJI iues rvnci aild :":g~: (;:;:7.;::.:-.,. {~~~r: 2.~ ?f.'::",r>'l i~p(i valllo). Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management j 24. Approve the purchase of land interests containing 63.06 acres, mem or less, In Broward County, East Coast Buffer Project, a.nd auth!)dzo a rosolution to tho Department of Environmental Protection requesting reimbul"!.ement for this ncquisition and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construciion & Land Management 25. Approve the purchase of land interests containing 60 acres, more or lass. in Dade County, L-31N Transition lands Project, and authorize a resolution to tho Dopartment of Environmental Protection requesting reimbursement for this acquisition and associated costs. " Charles R. Rinaldi, Deputy Diroctor; Land - Constroc:lion & Land Management 26. t..pprove the purchase of \and interests containing 57.93 acres. more or less. in Dade County, Model Lands Basin Project and 0-111 North Project. and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. William F. Malone, Director - Construction & Land Management . 27. Consider acquisition of SOR lands. End of Public Hearing PUBUC COMMENT (May be continued at this time If not complete prior to the Public Hearing.) BOARD COMMENT , Opportunity for Board members to discuss matters of Interest which are not on the agenda ....::..~..~~~l ........ ,~-"~'.I'I" - .......------- ,.' ".",..~.t .....l:t'" '"'':(''' . --: - . Governing Board Meeting April 10. 1997 Page 6 1 6G 3 REPORT FROM ADVISORY COMMITTEES Nanclann Regalado, Chairman, Environmental Advisory Ccn:n;I:', 26. OMBUDSMAN'S REPORT , _ ' Richard E. Williams, District Ombudsman MORNING DISCUSSION AGEN D i> _A - ------. -.. Note: Tho Board WIll au;cuss I1lOS8 /lena:; u,u;~iJvcJ," ;,-. ;.t.Q u.~c; ::;:==. DISCUSSION OF ANY ITEMS PUu.ED FROM MORNING CO;t:::::;;, /,C'::.]i)!\ OKEECHOBEE SERVICE CENTER 29. Authorize entering Into a cooperative agreement with \he Florida Oepal1Jn8llt at Corrections (FDOC) to provide inmate work crews for support 01 !:).:id stowardship and operallons and maintenance activities at no cost to the Ol"t,,"l; ao,l,e U,e goveming board of the purchase under separate purchase order of two used f1f1ean passenger vans in an amount not to exceed $30,000 for which fund!) were trar;sforrEld from the Okeechobee Basin contingencY,reserve at the March '13, 1 ~]97 c.G\lorning Board meeting; and authoril.e ontering"into gratuitous ba;:ii\li:: <,> ';'\J~\!.S with the Okeechobee Correction Facility to provide Di~trict v~'h ~ '->, <lnd surplus equipment lor use by Inmate work crews on District projoclS. ('~on\'ac\ Number C- 8826) John J. Morgan, Jr., Director, Okeechobee SeMCl.J Contsr Bob Uievich, Director, Field Operations (North), Ol'<eechobee Field Station . OFRCE OF COUNSEL 'f' 30. Authorize extension of a reseNlition of poasession undo,. " G('\\tocco,,! "greement 01 an eminent domain action styled South Florida Water M,:l=\;lgi"i\1~'rtili3\r;r:t v Flor-Aa... Ruth Clements, Senior Attorney, Offlcs of Couns$/ (15 minutes) ECOSYSTEM RESTORATION DEPARTMENT 31. Authorize entering into a contract with a contractor to be determinod for thE construction of STA-1 Inflow & Distribution WorKs, in an amount to be determined, 0 which $2,181,66615 budgeted for FY97, and the remainder is subject to Goveminl Board approval of the FY98 and FY99 budgets. [EC021 (CCtLl\, Ccn~ract Number C E111). (20 min.) Jennifer Jorge, Deputy Director, Everglades Com;truction Project ---~~----'_.' - 1 6 G 3 Governing Board Meeling April 10. 1997 Page 7 pLANNING DEPARTMENT 32. Authoriz'l entering into a cost-sharing agreernont with the Monroe Co,mty Board of County Commissioners as part of a $2.2 million rnurli.a~)uiiCY initiatlvo directud by the Office of the Govemor for wastewater rna~ter plannin9 in tho amount 01 $ i ,000,000, of which $500,000 1s bud~ ted and $500,(X)() is conting'3nl upon apprO'fa\ 01. the FY98 and FY99 budgets by the, oveming Board and receipt of rnoni8s from t:'le Florida Department of Transportation (Alligator Alley tolls). (Contract Number C-8189) David Thatcher, Director, Lower West CoasllSpocial Projects Dr.ri..c:;;on, Planning ;::1I:,jje. ,-tinei;: REPORT FROM THE EXEClffiVE DIREGTOR 33. Legislative Update Sally McPherson, Governments'! ,qoprosont.eIiv-8. Of'i-:;e of Govemrnord & Public Affairs Yvonne C,steiger, GOVGnlmenta/ RBpre~;$n;8ijve, Qtf;r-e of GO\'EIITliJk.-;r:t &. PubOC Affairs 34. Water Management Highlights Samuel E. Poole, 111, EX:eclltlve Directo!' 35. Governing Board FollOW-LIp Items Samuel E. Poole, III, ExecutiVe; Oiroctor 36. Update on Evorglades Litigation Barbara Markham, Gsne('al Counsel 37. Everglades Construction Project Update (1 r,Qur) A. Approve staff recommendation with regard to land acquisition in ST ^ 1 East. .-- B. Approve staff racomm/3ndatlon willi ru(.ji'.;\; lei ;and El(.,quisrr:0:~ in STA 2. Miller Andress, Director. EverglEldos Construction Projst.'1'. c. Authorize expansion of STA-1E to incorpora.te that area south 01 Canal 51 and north of the currently propoS3d S": A-1 E nothern boundary (approximately 725 acres) a.nd consider additional expansion \)ptions. Alan Hall, Director.. Ecosystem Restoration Departrnent "',~ End of Morning Dh~c'JbB\on f'<Jend~\ .........,.......4&...~.J.J.J... .'ft~"""'~""'~..""'-"..~""""."".. *<...""'" ,.....". .~ f ,..-' """f. JI' '!.:\ ,"'~I.~v~~ '((.,.. "'.A'\' ''\ ..~"..~;~'.~'-.....1:' 1, ~ fit...' \:. "~".."~'.?-\.":'" 11-' .":' , .:-.....'" '14~.." .' ,..' "..:;. 'f' ,.... ,.. .../.. ~ ",:;."'',, ~.. .:..~' r,.\'r......:JJ~...~'t., ,1', "l.t: "7". ~h '!;..., ,~.."....~ ,~J,..r~...~ ,.( '!t. '). .1.. ~ ~. r ~ ".1", ...., '~',"'~~:.:1~~. '.1 ,', '!~..,' ,~:'t':i;J)~t, t'..~v.:~,. :-.~....:~: Governing Board Meeting April 10. 1997 Page 8 1 t) G 3 AFTERNOON AGENDA APPROV AL: 2:00 P.M. A, Additions. Deletions. Substitutions B. Abstentionf. c. Pull Items ll)r Discussion D, Motion to Approve Afternoon Consent Agenda. except lor items pulk:l<j lor discus:.;iocl E. Consider Af1~moon Consent Agenda Items Pu\\od lor Oiscu:; 'I'X: F. Continue Morning Discussion Aganda (If appli.::,eble) G. Consider AftelT\oon DiscUssion Agenda AFTERNOON CONSENT AGENDA: REGULATORY MATfEHS ..- - ---:...-' - --- NOTE: The .8OBfd may not wish to disclJSS ~ Items indi1/iIjuaii'/ fV).j r;".8Y ar;prnvo trr8m as a tJrf.'Up, Any.>i'l'6 wishing to .".,.. "" _ oIlhosO ..ms shoUld "",.,......, B spaskO' en I~ .,.i sub"'" // "' It.. Ustr.d ""'"';en"'.... '" "'" IOOD)' pnc< '0 "",~;d...""" v' ,;"' = "",.,; :-;,.... =0. ~.,~ ..'" r~~. B'B ",,.IB""" to .au' s...:h .oms lor IndMdua/ d;swosk>n. A copy of me consent ag.nda ~ e,~;J.",.o vpon ""V,,,' "y c"n!;,e"", tn, fl,'<"""'" DoPSrtrl16nt at (561) 687-6738. 38. Considaration of Consent Agonda 1m Govern;o" Boord 9,'P'0,,01 ....nich indudes Construction and l.and Man;ag€ll\'lent 1\(=tm:,: Right of Way Occupancy PEHTT1it A,ppHG~tions Right of Way Occupancy Pom)it ModiH('"atiOfls Right of Wey Occupancy p",rnil Applic~""ns lor W "";"r 01 Application Pr0C9ssing FeEl Right of Way Occupancy Permit Applicaiiuf1S lor \Nai'lw 01 [Iis\rk;t Cn\eria 39. Consideration of Consent Ag"nde. for Govornii'0 Bo.rd lipp'OV3; ",h,," indudeS Regulatory items: Water Use pormit Applicahons Surface Water Management Permit Applications (Including Conservation Easements) Environmental Resource Permit Appl\cRtk)ns (including C!')f1S8rvation Easements) Evergiades WoO\s of the District Permit f1.ppHcn.tlons Denial of Application for Va.lidation of lr.IG,n'IJ.! .....JoUan1,j DOlu:T,iinalir);) Surface Water Managoment Pormit Extensions Consent Agreements Conservation and Flowage Easements Delegation of Authority Petitions for Administrative Hearing Water Usa Varianees Water Use Variance Denials End of Afternoon Consent Agend3 . ~.~~: I'~~~:'''l~~''~.,t ~"~....~ ,,~. ..,,,,,..' .....d ,$ .';l' ~~ ~ .:, \~~~~~" ttt. ~ · " ... '.... " ... r .\..~.. ~. .'l:::;.." .'~ r.l.j' r;......... 4~ ........,,-;; .~~-:-....:~~' :~? :,;\.':' ~1.,~~ - ____..""..;r Governing Board Meeting April 10, 1997 Page 9 1 6l~ 3 AFTERNOON DISCUSSiON AGENDA: REGULf..TOR'( MAnERS NoTE: The BOlJrd will dl.cuu Individually In the ordl)r IIsrod en 1,';" ~':,'I'I:d.~, DISCUSSION OF ITEMS PULLED FROM AFTE~NOOtJ cor~~;i':NT AGEND~\ REGULAnONDEPARTMENT Surface Water Management Permit 40, Consider a request bV Grer:;tor Onando AVlallOil i\ulilCJI ily I'JI ii lel ;~i.iailw o~ ~ Surface Watf!tr Management PO:1Tlit for ConcGpl.lial Approval Modilication for Orlando International Alrpmt, Orange C()ur~ty (~:!aff recommendation is for approval). Marc Ady, Senior supervising Profossio{iEtI, Orlando 50,....1<:0 C(;,'l1wr End of ,A:ftelTioon Agenda ADJOURNMENT ,4' ::.~r /' 'I, .J, ". ~~;..qr ........~ .....'\.,;~.....':~tl'I ~i j,./j '......<4'~ ~:~P\..l~"i. ~~.,""'l . ... . t,.~ . - .. -4"0- '.':/j. ,,\. 1" ~P:rV" -. "~-'1\..:".~~..~I'ItMl"'-'- ....~'t.l .,.:."I~:"'~;.'"~~~~tl'A~'~'-X"~'_ 1 _,' .:.. f, '.' .. . ... \' f W . .~:.\, :.t. ':" \ ,.... 1 61~ 3 MINUTES OF A MEETING OF THE GOVER>:" : ' :;,\IW OF THE ~'OUTH FLORIDA WATER MANAGEMENT DISTRICT ~; \' U> AT OFFIC!:',.,'i OF TilE DISTRICT, 3301 GUN CLUB ROAD WE.STi'.", ,',~ FT':AClI FLORiDA THURSDAY, \ViA RCH lJ, 1 '1:n 8:30A.M,. The following Board M ,'mbcrs Il.'(,;~ plt5tlll: Frank \Villlrtr..JS(1[I, Jr., Ch;~;:':\':1 Eugeo,:". 1<, Pc ttis Miriam S I ngci William rhmmoDd Richard ?,~j,,:hek Wilham L :'raham Vera C: ,lef Mitchell i krgc.r Michael Minton Samuel E. Pook tn, $ecn-l;"->' CALL TO ORDER The meeting was called to order at 8:30 a.m. by Vicc.Cha~rman Williamson. foUowed hy the invocation by Ms. Lavinia Ricketts, and tilt Pledge 01 !\lkgiR~~ La the 8ag of the United StateS of America CALL TO ORDER Oath of om(~: MitcheU W. Berea, Vera M. Carter, Mkhnd D. Minton Mr. Anthony Bums, District Oerk.. sdmilmtcred the Oath of Office tG Mr. Mitc;:u:U Berger. Ms. Vera Carter. and Mr. Michael Minton Election of Chairman, Election or Vice-ChainTum Motion by l\-b. Sineer to elect Mr. 'Frank '\Nmi?ms~)li, ". ',' I"\f:rn'''': of t'hr. "'>''l'cr"l",f. Board. Motion approved by uIU.UJimous vnk. ,......~..,."~,..F..,..~~~ .~{~~~I,-:~~~~QPlNt~ Governing Board Regular Meeting March 13, 1997 Page 2 .. 1 6G , ; Motion by Ms. Sineer to elect Mr. Eu&ene K. Pettis as Vice-ChaJrrtlJUl. of the Govemine Board. Motion approved by unanimous vote. .. Adopt a Resoluthm Reaflinning the Appolnbnen\.of Secretary of Ule Board, Asslstant &ecretarles of the Board, Treasurer of the Board, and Assistant n-easuRn' of the Board. Motion by Mr. Macbek to adopt a Resolution ReafIirmine the Appointment of Samuel E. Poole m as Secretary of the Board; and Michael Slayton, James D. Yaeer, Barbara A MBrkbam. and Anthony Bums as Assistant Secretaries of the Board; and ~ ReafIirmin& the Appointments Df Stephen E. Grabe as Treasurer. ;Ok Un: X;o....:~~ ~ ~ Darrett AtwoOd, SI". and Joseph M. Moore as Assistant Treasurt'TS of the Board. MqtiOD " approved. Designation of Ex-Officio Chair of the Die Cypress Basin Board Mr. Williamson designated Mr. William Hammond to serve 1\8 Ex-Officio QW.r of the Big Cypress llasin Board. ,1 Presentations: Mr. Poole, Chairman Williamson, and Board Members honon~ci;Ms. Sheryl G. Wdod. Sr. Attorney, Office of Counsel, as the District's 1996 Employee of lthf Year. Mr. Poole and Chairman Williamson presented the District's :~~-Year Service Awtrd to Mr. Roderick Clumdler. Craft supervisor. Okeecl1obee Field StatiOt~,," and the 3O-year ~ Service Award to Mr. Gary Dukes. Trades Supervisor 2. Pump Static.. ~ . .,>,-,,' ...-." Approval of Minutes "'~:'~ Motion by Ms. Sln&er to approve die Minutes of the Governing Hoard WorkBbop of February 12, 1997 and the Governin& Board Reeular Meetine of February 13, 1997 as written. Motion approved..'" .,; ,",;"',J.~' . . .i' " ~.'. MORNING AGENDA APPROVAL - Additions, Deletions, Substitutions . Mr. Philip Kochan, Sr. Business Operati~us Analyst. Executive Office, noted that items 17 and 21 have been deleted. He said a member of the PUbli,'C, has requested thatr,', 9 be pulled for discussion. ' ' '. ," , ,,-'._.., I L .~~'.fll~"'~,J~ .~I,j~..W.' , I A, I. .. " ( r: . ,', '),;.' ',.".': ,:-:';, ,.:':.:-.; .:<......:~, ~.'::',:' j . .:.; ..', j ." ". . ~ . ~ ~ j . . Governing Board Regular Meeting March 13. 1997 Page 3 1 6G 3 B. Abstentions Mr. Berger abstained on item 32. " ~ Mr. Minton abstained on item 15. MORNING CONSENT AGENDA A. pun Ul'm" for discu.cosion. M.s. SiIiger pulled item 12. Mr. Machek pulled item 4. Mr. Williamson pulled item 9. B. Motion to Approve the Consent AEenda except for item) pulled for d1sco9don. Motion by Mr. Machek to approved the Morning Consent Agenda ~as revised. Motion approved. The following items were approved as part of the Morning Consen.t Agenda. MORNING ~!l'!SENT AGENDA MIAMI DADE REGIONAL SERVICE CE...~ 5. Authorize entering into a two (2) year cooperative agreement, subject to Flonda Department of Environmental Protection approval, with M,t;t:rO-Dade County Department of Environmental Resources Management (DERM> for implementation of 1997 Biscayne Bay SWIM projects as mandated by the Lel9s1ature of the State of Florida in the 1996-7 General Appropriations At;t in the amount of $451.662. IUld authorize a budget tranSfer in the same amount from RcseIVCS to the Miami-Dade Regional Service Center. (ContraCt Number C-8839) 1"~ - ._ __ ___~ ____ '!t_ _ .fIIlliiJ 1 6G 3 Governing Board Regular Meeting March 13. 1997 Page 4 .. ,r'll.. '. . . . ~...' vo ..... OKEECHOBEE SERVICE CENTER " . , . 6. Authorize amending a cont:rl1Ct with Mr. William Miller, Jr.. for caretaker services for the Fort Basinger Management Arr.a (Lockett Estate) to extend the contract retros.ctively from-February 15. 1991. for two additional ye.1.tS in the amount of $29,000.96. of which $10,000.96 is budgeted for FY97 and the remaining $19.000 is subkct to Governing Board approval of the FY98 budget (ContraCt Number C-5170- At) OFFICE OF ENTERPRISING ENGINEERING 7. Authorize amending a contract (C-6453), with Oanka Office Imaging Company (fonnuly Eastman Kodak Company) for copy machines (cost-per-copy plan) to exu:nd the contraCt through purchase order for the 9O-day period of 04101/97 through 06130197 in the estimated amount of $J'.o.s30 for which funds are budgeted. (PC P701(96) OFFICE OF COUNSEIJ 8. Ro_l ~y Dr. Tlo""':':: for. feRMi ~~ ~ ~t!SB sf Dr. Le' 1~~ with ~ DiBtfi8t (Staff ~~~~f8\iftg ~ of~"'d ~~ ~ Fe....a1lloaiog.... ro~"" e sf~...~e Law Jadge.) CONSTRucnON AND LAND MANAGEMENT DEPARTMENT 10. Approve staff recommendations for relea.t;CS of District caDJU, mineral and road reservations, releases of T.lL T.F. canal reservations and issuances of non~use commiunents. 11. Approve the acceptance of land interests consisting of Temporary Coo.sttUCtion Ease:ments on 10.30 acres. more or less, in Sections 21, 23 and 24. Township 48 South, Range 26 East. Collier County, Cocohatchee Canal - Phase 3 Improvements Projoect , -~--~~--._- . ~~..... ...........,.- -, ____,~ ._""",_~~ _ ._,_.-___.~_'.,4 >:::', ;,' ,ri~: :((..,..1'::: .: ":, :" ./.:.,r '\'..' :: '., ,...:.: >' .. . I ".\.... 'j . \. . . ~ . . . , . ~. . ,'. f";':' ,:. " ::'.~: . , ~ ! 1 6G 3 Governing Board Regular Mee.ting March 13, 1997 Page 5 13., Authorize a retroactive change order for a contract with Art., Design & Constmction, lnc., for the Americans with Disabilities (ADA) compliance project for constroc;tion &t the HClmestead Field Station administration WJj.lding, G-93 (Coral Gables) S~cture and Miami Field Station. in the amount of $8,625. for which funds are budgeted. (Contract Number C-6052, C.O. #2) 14. Authorize entering into l\ revenue contract with Muio.er Properties Development., lnc., to establish the Corkscrew Mitigation Bank in order to permit the project.. restore the land, recover land acquisition costs, stan costs and genCI1lLC 11 l"vGUU(, .;~r.:zr.. fo: futw'C projects. (Contrc\Ct Number C-8302) 15. Appt'C.ve and endorse an arh~gnment of a cattle grazing reservation from Evadne Qanna.'O':lli to SunTrust Bank and N. A. and Gary Alan Kelly on 289.90 acres of land owned by the District in Osceola Count/, Flodda. 16. Approve a change in pI'OC("AUfC whueb} contraCt appraisers. in arriving at an ('stimate of market value, will be instmetcd to consl~er government sales activity where these sales conform v.ith the definition of market value, subject to certain conditions. ~7. .....llth&~ntefll\g m\e a fe'Je~t:-Wi1h P06~r Vfhe.e\.M En~ f'~ . 1&8l".>e Mittg&tisB. Bek iB ardel' te permit tho proj~;-fe5tei'e th&-lanti;-RIOEMlr me leDd~&-gcaera~ a ~Yef~ ~-fOf futl:lfe pr'CjootB. ~9Btroet ~hJmber C 83G+} ECOSYSTEM. RESTORATION DEPARTMENT 18. Autholrlze amC'.nding a conttaCt with Limno Tech. Inc., fOf watef quality dati. analysis and model development, to revise the deliverable schedule and retroaetively extend the contraCt by 210 days. at no additional contraCt cost. [RAM-061 (ContraCt Number C- E5242-A4) -l9. =- ~ : 0:;:&1 willi FleRda ~w., &. ~g\lt {PPbl III .poA- _:':: .:;.;_:'.1.h is:~ ~ ~=~=Cl~: .. 'ffUL._ -- ...-... _...........",_ _,____...lIl ,,_~ft ~,_,~.__..."'lII1i"_'U'IIl"~ "~.~~~;'"J'~;"; .~.\.'<:".l~. rf~;f. ",I . " ~ I, , . .: ~" ,~ . 1 6G 3 Governing Board Regular Meeting March 13, 1997 Page 6 OPERATIONS & MAINTENANCE DEPARTMENT 20. AuthOIi1.e amending a reimbursement contraCt with the Florida Department pf Environmental Proteetion (DEP) for aquatic plant management performed by the District and subject to future budget amendment in an amO\mt not to exceed S300,OOO. (Contract Number C-8569-Al) ::t.1----~l\m-ize f'I~\}\~~with JP'(; T...,Qwn Ser\'i~-loo:-fef-FigBt-of-wt1y ~wiftg ae-rviee&-iB-~~~O:;-~F a th~~e~~!1t: ~F-K.j~&-Rt~f--the-Di&~fl-t\~~oot-te-~~3-S-f&:f a five year peri~f whish S42.2~lM:tdgele6 is FY97 6>~~~g-fOO~ 6tl~-Boord apprsvn14 Wo- FY9g (S7Sjrn~h...F+9g..-($;1S,975), FYOO ~3;(62). py~,sOO). &BS FY02 (S~~O) eudg$. fGeft~~ 22. Authorize el1tering into a contract with Florida Mowing and Landscape Service, Inc. for right-of-way mowing services in the ClewislOn serylce alu, !Q,La ti\I~Ve3r ~rlod..!d~h two one-ye!!:..J:enew~ at the optl.Q!' of the.!~'tJj~ in an amount L\Ot to excer.,d S362,433-fer a five y~ I'Mio<!, of which $34,535 is budgeted in FY97 and the ~maining funds are subject to Governing Board approvzll of the FY98 (S72,~85), FY99 ($72,485), FYOO ($72,485). F{Ol ($72,485) and FY02 ($37,958) budgets. (ContraCt Number C-8577) pLANNING DEPARTMENT 23. Authorize entering into a cooperative agreement with St Lucie County to design a stormwater retrofit system to improve stormwater quality ente,ring the Sa~1LW1&S Stale Reserve, in the amount of $100,000 of which $40,000 is budgeted and the rema.ining $60,000 is subject to Governing Board Approval for the FY98 Budget; and anthorl%e a budget tranSfer of $40,000 from the MartiD/St Lucie Service Center Interagency ExpenditureS _ Loc.al Governments to Planning Department, Upper East Cosst/Kissimmee Planning Division. (Contract Number C-8869) 24. Authorize amending a contraCt with Metro-Dade Department of Environmental Resources Management for the design of stormwater rCtI'lJfitt. for the Miami River and Arch Creek to extend the term nine months at no additional contract cost (Contract Number C-6758-A2) IJ.' ~>' ." ". :,. ~:..: ,~~.. .~~; ~;..>. ,- -----"""""", , ' I . . l' ,1, . ~: I .: . ' I , 0,' " I , . .. Governing Board Regular Meeting March 13. 1997 Page 7 1 6G 3 25. Authori'u entering into a contraCt with Woodward-Clyde Consultants to prepare Oeogrnphic Information System (GIS) coverages and maps of hi.~toric. current. and potential oyster and submerged aquatic vege\lltion locations in the St Lucie ~tlW)' and to develop n GIS interface to allow the District to perfclrm fuI1ber analysis on the "potential location" CQV!!Jl~ in the a..."Uount of $97,257 for which funds are budgeted. (Contract. Number C-7779) 26. Authorl:r.e entering into a cooperative a~1't.ement witb the Florida Department of Environmental Protr',Ction (FDEP) for data C.oUectiOD within We intiUw Ri \lcl ugoon in the ninount of $136,370, of which $101,370 is budgeted :for FY97 and the remaining $35,000 is subject to Governing Board approval of the FY98 budget (Contract Number C-8773) 27. Autborlu entering into R cooperative Ilgreement with the Monroe County Board of County Commissioners for stormwate.r management plmning in the amount of $50.000; and authorize a budget tranSfer in the amount of $50,000 from ComprellCru.ive Planning Division - Profc-.ss.\onal FeeslConsulting Services (5307) to Lower West Coast & Special Projects Division - Interagenc)' Expenses - Local Oovemments (5801). (ContraCt Number C-8791) End of Morning Consent Agenda GOVERNING BOARD MEETING SCHEDULE 1. C...onsider Schedule for UpcoIDin& Meetine& Mr. Poole presented the schedule. A c.opy of the scbedule of upcoming meetings is included in the official record of this meeting. 2. Consider Tentative Agenda for April Workshop. Mr. Minton asked that staff schedule a briefing at the April workshop on mitigation banking, specifically, where the District is going on this issue, what the struCture of the process is. and how it is applicable to other District functions. Mr. Hammond asked for an update on tbe District's re-organization effort. including administrative changes and the timelines for those changes .........- - - ...-- .1,.1 ---.....- - _..~. I). _ ~ ... ,~ . 1 bG :3 Governing Board Regular Meeting March 13, 1997 Page 9 DISCUSSION OF ANY ITEMS PULLED FRUM MORNING CONSENT AGENDA BUDGET OffiCE 4. Approval of Budl:et Transfers. " ? Mr. Machelc. expressed concern tnlIlsferring large amounts of funding from d.epartmeot co depurtmcnL He noled that !he Bnard discussed putting contingency funds intO AD """"unt to be used for local government co~,t-sh.are project.s, and asked that staff use caution wbal decidinl!: to trl!nsfer large fLffiO\mts of funding. Motion by Mr. Machek to epprove bud:et transfers. Motion approved. OFFICE 01<' GOVERNMENT AND PUBLIC AFFAIRS 9. Authorlu mkrlng into It cooperutive agreement with th,e City of Boca RatoD Utility Services DepN1ment for fur desi~ and o::;nst:nJdilon of Proj<<t J.R)lS PIwse lA~ Responding to a req~t for assistanl~ from Mr. Crul Jacobs for educational ouueach support cone<mnng the use of redainJ<<i w.rcr, Ms. Singer suggesled that the Bro......d Service Center contact MI'. Jacobs to identify potCntial opportWlitie3 to provide outreaCh assist.aDce. Motion by Mr. Machek to autboriu enterin& into a cooperatin ~t with the Oty of Boca Raton Udllty Se.nica Inpartment for the desicn :and constrUction of Projt:d IRIS Phase lA, to expand the utilization of reclaimed mdu within tbe city's servi~ area, in the amount of $300,000 for which funds are bu~~ted. (Cont:ract Number C-8114). Motion npproved. CONSTRUcnON AND LAND MANAGEMENT DEPARTMENT 12. Authorize moendint: a contract with Gee & JCDSOn for the continuiD& contract of ~eraI ~ services. Ms. Singer asked if the District is locked in to using one contraCtor when it implements a continuing cor..tn.eL Ms. Carolyn Williams. Director. Office of Supplk.r Diversity, said the District can go with separate solicitations on any contract. Mr. Pettis said there is a need to develop more than one qualified primary contraCtor from the District's vendor pool on continuing contraCts. Ms. Singe-.r asked that staff improve its planning effort to achieve Minority/Women Business Bntcrpme participation in s\lch contraCts. ' .... -'''-1''____----.111IIII 1 6G 3 Governing Board Regular Meeting March 13, 1997 Page 10 Motion by Ms. Sineer to authorize amending a contract with Gee & Jenson for the continaJ.ng rontIact of eeneral en~rine services to provide mlechanlca1 and electrical desiglll services for tbe B-1 Emereency Operations Center not to exceed $92,000, and authorize a budget tranSfer from Engineering & rroject ~ement's Buildin.&S and Improvementc; to proCessional FeesI(CCNA) Consulting Services. (ContniCt Number C- 7026, A-l). Motion approved. .PUBLIC ~JUNG at 9:30 A,~ Chairman Williamson opened the Public Hearing. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 28. Approve the purcha.'iC of land interests containing 190.08 arres, more or l~ in Polk Md ()scrola Counties. Mr. Charles R. Rinaldi. Deputy Din".C..'1OI"; Land - ConsuuctiOll &. Land Management, presented information on this item. A copy of the material used in his presentation is jnc1uded in the official record of thio; m.eeting. Mr. Rinaldi said staff X'l"..-Commends approval. Motion by Mr. Pettis to approve the purchase of land intereSts rontatnin& 190.08 acres, more or less, in Polk and Osceola COllnties, Upper Lakes Basin Watershed Project, and &uthori7.e a resolution to dle Department of Enr.ronmental ProtJect!on requ~ reimbUrsement for this acquisition and DSSOCiated costs. Motion approved. 29. Approve the purchase of land interests containJ.ne 3.60 acres, more or less, in Polk County. . Mr. Rinaldi presented information on this item. A copy of I'he material ~ in his presentation is included in the official record of this meeting. Mr. Rinaldi said staff recommends approval. Motion by Mr. Hammond to approve the purchase of land inteNStS cont~Jnlnl 3..60 acres, more or less, in Polk County, Kissimmee Chain of Lakes Project. aDd authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. ;:: '... / :'&:, ...... '.~ ::: ......' ~ I" . "'. . o'. . , ..' ,,~ .' _.' . ' I .. . ~\) --"'_...~-;"".._- ........_... i Y Governing ElollCd Regular Meeting March 13. 1997 Page 11 1 6G 3 30. Approve amendments to Agreements with Don O. Deadwyler and Delta R. Deadwyh~r and Sara L. Deadwyler to purchase land ink.IUts, cont.ainin& 46.10 acres, more or less, located in Highlands County. Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Rinaldi said staff recommends approval. Motion by Mi. Hammond to approve amendments to Aueements with Don O. Deadwyler nnd Delta R. Deadwyler and Sara 1.. Deadwyler to p~ land intuests, containing 4~.10 acres, more or less, located in Highlands CoWlty, Klcdmmee River Restoration Project, and approve the reservation by the Sellen, of the use of residence on the Premises for a period of up to one year a.fter closing; auKl approve the reservation by the SeUel"8 of ~ the Pn-m.ises until all terumts and the Sellen Sl"e relocated to oOler prenrlr'ieS, for a period of np to one year after closbl& in the amount of $1,000 per month, and authorlu a budget u-a:ns!er of $6,000 for the FY97 portion from the Land Srewardshlip Division to the Okeechobee Service CenteX', with the rmuUning $6,000 subjtd to GoverniIl~ Boord approval of the FY98 bud:et4 Motion approved. 31. AplProve the purchase of land interests contatDin~ 20.95 acres, more or less, in Ok,eedlobee County. Mr. Rinaldi presen~.d information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Rinaldi said staff recommends approval. Motion by M8. Carter to appron the purchase of IaDd lnteRstli contaJrdn: 2095 acres, more or less, in Okeechobee County, Pool D, KissImmee River Project, and Ptbnrlu a nsoIutlon to the DepartmeDt of Enrironmental Protecdon requad.ng rctmburR:J:neI1l fOl' this acquisUiion and associated oosts. Motion approved. 31. ApPl'I()ve the purchase of land inteluts contalninc74.91l1C1'CS, more or less, in Bl'I[)ward County. Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Rinaldi said staff recommends approval. III.Ll r ----jIFISI!J7-- - - -- -,.. - "-""j~ 'm-- .ud.LM ...--. 1 6G 3 Governing Board Regular Meeting March 13, 1997 Page 12 Ms. Singer asked that a list of property owners be provided to Ole Board whenever staff presents such acquisitions. Mr. Rinaldi said staff attempts to identify landowners and provides the Boan! with such a list. ~ Motion by Ms. Singer to approve the purchase of land Interests contalnin& 74.91 acres, more or less, in Broward County, East Coast Buffer Project, and authorize a i'CSolution to the Depm:lInent of Environmental protection requesting reimbursement for this acquisition and associated cosis. Ms. Barbara Susco, a Lake Worth resident., objected to the use of Tue I..jl\lur~ Conservancy to negotiate the acquisition of public lands. She said private realtors should ~ usr,d instead. Motion approved. 33. AppJ'1[)ve the purchase of lnnd interests containing 320 8CI"e5, more or ICSl!l, in Dade County. Mr. Rinaldi presented information OD this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Rinaldi said staff recommends appro-.-al. Motion by M.I'. Hammond to approve the purchase of land inten'Sts containing 37.0 acres, more or less, in Dade County, East Coast Buffer. Dade BlroWard Levee Project, and authoriAte a resolution to the Depart;ment of Environmentnl protection requestin& reimbursement for this acquisition and associated costs. Motion approved. 34. Approve an aueement with the Oty of Pembroke PiDeB and Browsrd ComIty reprdln: the property to be pv.rclJ1ll1lHl from Mark CoIllil~ Mr. Rinaldi asked that the Board defer action on this item until later in the IDC("..ting. Bow Members agreed. 35. Approve the purcl1ase of land inten'Sts containint 25.32. acres, more or laG, in Dade County, Southern Glades (C-ll1) Project. Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included i.p the official record of this meeting. . :. ",' .., \',:, ~,...J " ',,' " .' ' , '.t;::".', ~ \, ' . .,"1.' ~,,' . , ' ..' '",.' '. to:). j", '. I Governing E;oard Regular Meeting March 13. 1997 Page 13 1 6G 3 Motion by Ms. Hin2er to approve the purclutse of land interests containin& 2S.31l1Cl'eS, more or les;, in Dade County, Southern Glades (C-l11) ProJed, and authorize a resolution to the Department of Environmental Rrotection reque1itin& relmbl\~t for this ecquisi1ion and associated costs. Motion approved. 36. (',onsidf'J' acquisition of SOR lands.. Mr. Rtnalcti ~id staff has nothing to report under this item. End of Public nearing ChaiIlnm Williamson closed the Public Hearing. PUBLIC COMMENT Ms. Barbara Susco, 8. I..ake Worth resident, wged the Board to lease lands rathr'..r than acquiring l:mds for District proje.cts. She said the District is not paying fair market value for the lands it ll\Cquires. BOARD coMMENT Ms. Singer congratulated Ms. Cindy HoustOn, Mr. Bill Myers, and Mr. Sashi Nair. all of whom have been recently named Employee of the Month. Ms. Singer also noted a new outreaeh initiati'VC to the African American CoD;1munity through the use of bill boards to deliver the District's message. She: noted cha.t this initiative was develop<:d to target the Hispanic Community, and is an exullellt example of 1be District's use. of resources. Ms. Singer also pointed out that the District is not promotin.l~ the concept of wtltU use fees. She saiid that issue is being discusSed by the Governor's WatI.'1: Supply Development and Funding Group.c Ms. Carter, in response to public comment, discussed the need for all people to use the earth. s resoW1:eS in a manner that sustains these resources for futurt: generations. - "'__._...-...~_ ___~_.4IIRf,v~~- ----,- . _, ___ ___ _ ~~l"-'- ",w__'''_ 1 6G 3 Governing Board Regular Meeting March 13. 1997 Page 14 Mr. Hammond said he was pleased with the response that the: working group of the South Florida Ecosystem Restoration Task Force received when it met recently in Naples to discuss the listing of critical restoration projects. He;- said this Wl.o; tlle first time a~ntion had bc.en paid to lower west coast public works projects. Report on Hillsboro Canal dredging issue Wu. Machek reported on a cost-share proposal to move forward on the dredging of the Hillsboro Canal between eastern Broward and Palm Beach countIes. He. manco Mr. jim Karas. Direct(.lr~ Broward County Service Center, and Mr. Victor Powell, Deputy Director, Operations and Maintenance Department, for their work on this effolt. Chairman Williamson made the following committee appointments: Audit Committee: Mr. Pettis, chair, Mr. Berger, Mr. Machek. Mr. Williamson, and Mr. Graham. Hwnan Resources Conurdttee: Ms. Singer, chair, Mr. lhchek, J\.ir.Willi.amson, Mr. Hammond, and Ms. Carter. Florida Bay: Membership on hold. Agricultural Advisory Committee: Mr. Machek (primary), Mr. Williamson, Mr. Minton. Environmenul1 Advisory Committee: MI. Hammond. Kissimmee chain of lakes: Ms. Carter. Lower East Coast Re&ional Water Supply Plan Advisory Committee: Ms. Singer. Lower West Coast Regional Water Supply Plan Advisory Committee: Mr. Hammond Upper East Coast Water Supply Plan Advisory Commitm: Mr. Minton. ___" l~ _oil 1 6G 3 Governing Board Regular Meeting March 13, 1997 Page 15 Utilities Ad1nsory Committee: Mr. Graham. GovenKJr's Commission for a Sustainable South "orida: Mr. Williamson asked that staff send a letter to the Governor's Office recommending chat Mr. Berger be appointed to the Governor's Commission for a Sustainable South Florida. Indian RiVelr Lagoon National EstuarY Program: ....... .....:_."'n ",'~."._"'''''_. Charlotte Hlli-bor National Estuary Program: Mr. Hammond. Northwest Dade County Freshwater Lake Plan Implementation Committee: Mr. Graham. Palm Beach County Interlocal ~ents Committee: Mr. Ma.chek. '. Big CyplUS Basin Board: Mr. Hammond. Chairman. Motion by Mr. Graham to approve the above Board committee appointments. Motion approved. OMBUDSMAN'S REPORT Mr. Richard E. Williams, District Ombudsman, presented the report. A copy of the material use,d in his presentation is included in the official record of this meeting. Mr. ~l{'ill.iam.son asked that staff address comments published in the Okeochobce News concerning hydrilla in Lake O~hobee MO~GD~CU~IONAGmIDA OKEECHOBEE SERVICE CENTER 37. ApPI'Ove a resolution ~ support for federal and star.e fWlding for construction of wastewater treatment and reuse infrastructure. , , : .......,:;',::..::':/':<; .i..' '.' ~:j;... .>.':~r . ,_..~---"'- -.-...--... 1 6G 3 Governing Board Regular Meeting March \3, 1997 Page 16 Mr. 10hn Morgan, Director. Okeechobee Service Center, presented information on this item. A J:,OTJY of the material used in his presentation is included in the official record of this meeting. ~ " . .. Motion by Ms. S~er to alpprove a resolution urgine support foll' federal and state funding for construction of wastewater treatment and reuse infnstrucmre proposed hI the Okeechobee lJtility Authority and the City-County Public Works Authority of ' Glades Counlty. Motion approved. Abstain - Mr. MintolL WATER RESOURCES EVALUATION 38. Water Shortage Update Dr. Leslie Wedderbum, DirectOr, Department of Water Resource E\'aluation. presented the update. A r.opy of the material used in his presentation is included in the official rtCOrd of this meeting. 38A. Water Shortage Variance Process Mr. Bruce Adams. Water Conservation Coordinator. Office of Government & Pl.;bHc Affairs. presented information on the District's water shortage nriance process. A copy of the material used in his presentation is included in the official record of this meeting. 38B. Report on Water Conditions , Mr. Drip Merriam, Director, Fort Myers Service Center, said the service center bas set up a water-shortage hotline: (941) 337-4DRY (4379). Mr. Kc:ith Smith, Director. Hydrogeology Division. Department of Water Resource Evaluation. presented information on water conditions, and the cum:;l1t water restrictions for the Lower Wt.st Coast. He said Southwest Coast rainfall has been below normal since the beginning of the wet season in 1996. Mr. Smith said there are no indications that Alt water intruSion is occurring at this time, and staff does not feel that Phase n restrictions are warranted. Dr. Wc:dderbum said staff recommends that Phase I restrictions be maintained. The board agreed ,;vith the staff recommendation to maintain the Phase I n1andatory water-\k<;C restrictions currently in place in southwest Florida. j.'.. . ,', I ' .' . ."" 1 6G 3 Qoverning Board Regular Meeting March 13. 1997 Page 17 .' ECOSYSTElVI RESTORA nON DEPARTMENT 39. AutlulIlizc enterinc into a contract with Barry Pepper & A,ssodat.c::s, Ine., (Or' the construction of the Everglades Nutrient R~va1 (ENR) Project We~ Resu:rdl Test Cell Modific:atiom. Ms. knnifer Jorge, Deputy Director. Everglades Construction Project. p~..sented information on this item. A copy of the material used in her presentation is included in the official n-...cord of this meeting. Dr. Pc:ter RosendaW. Ho-Sun. expressed concern about the proposed contract. He said such modificntions could be very expensive. Dr. Rosendahl ssid the Everpa.oc.s TecbJrlcal Advisory Committee (E1' AC) had spent n significant number of meetings discu...wng th: need to expedment with diffe.rent superior teChnologies in the Everglades Nutrient Removal (ENR) teSt cells nnd th.ut the contraCt would provide the neccs..'WY modifications. Mr. Rich Virgil. Florida Department of Environmental ProteCtion. said his agency ~upports this project. Motion by Mr. Pettis to auiliotiu enterh~ into a contract with Hany Pepper & A.ssodaus, 1nc., 101' th~ cm1Structi.on of the Everelades Nutrient Removal (ENR) pioJed Wetland Rei........ c.h Test Cd\ Modi6-&ns (north set) to el.imfute ~ of &at cdJ aeepa:dleab&e in the ~l of $1.,091,12.0; and anthoriu 1ft IddItJooaI SJ22,JOO for walkways that may be issued as a c:b.an;e order at a later dAte, tor · total contract amount of $2,413,620 of wbich $1,867,506 Is bud:eted; aDd authorize bud:et transfers in the amounts of $63,000 from Water Resources EvaJaatJon, Data Mana&ement Administration, Interagency Expendit.w:tS. Federal; $88,000 from Water Rea;vurca Evaluation, WPB Data Collection, Furniture & Equipment; $395,114 from P1.anDiJn&, Lower East Coast P~ Division, Professional FeeslConsultin: Services; $258,'J65 from Ecol~cally Enpneered Systems R.esem'd1 Div:lslon, Water Control StructureS; and $1,608,741 fI'(lm MaJ1aeerlal Reserves, ENR Test Cells to Ever&ladt'8 CoDstnJdlon Project Division, Water Control Str1JdDI'eS. [RMOSl (Contract Number C-E8602-R) \',4. j. ..,,'j.... ....~<..l. ',". ."'. ,,~~i~" .~. '. '."~ ,.:-...,. ,"~:. ~'l ~ ":..\ ,'J; .\I~l' IlL 411 .,'j .....' .>:;:,,'~' ::.:.,/>:::,::':'~ ';>,"[:' ,!';.::,;':>',\,:";;:'..::r... ;Y:'<:,,:'i, .:'<~',< ,',,'~ ';',: ..:\:; : ;';.:' 1 6G 3 Governing Board Regular MC"..eting March 13. 1997 Page 18 Ms. Singer asked that staff provide additional information at the April workshop on the cost of the wl.illcway system. and the type.<; of Phase 11 superior technologies that the District is exploring under this contraCt .. Amended mation by Mr. Pettis to delete the walkway costs from the contract. Ms. Singer asked that staff bring back information on the walkway costs at the April 1997 workshop. Motion approved. 40. EVeIllades Construction l>roject Update Ms. Jorge presented iDf01'mation on this item. A copy of the material used in her presentation is included in the official record of this meeting. 41. Board d!rection to staff on fin.a1 conditions of Everglades ConstnJCtion Project's 4()4 Pl~rmit. (Dredge & Hil, Allowing Construction) Board Members agreed to consider this item after item 42. 42. Board direction to suJf on schedule of Everglades Constn1.dion Project (ECP) Mr. Poole asked that the Board defer any action on the ECP schedule. He said both staff and officials with the U.S. Department of Interior are concerned about the schedule. and federal official have asked that any action be deferred at this time. Mr. Poole recomm.e;nded that the Board also make it clear that it will not go to the Florida Legislature with a request that the Everglades Forever Act be re-opened. Motion by Mr. Pettis to table action on the E\'Crglades ConstrUCt Project schedule until me April 1997 Governing Board meeting. 41. Board direction to ItaIf on final conditions of Everglades Construction Project's 404 Pennit. (Dredce " FIll, Allowinl Construction) Colonel Terry Rice, District Engineer, Jacksonville Dis~ct. U.S. Army Corps of Engineers, said he has signed the "404" permit (allowing dredge-'I1ld-fill activities in the Everglades Agricultural Area under section 4{)4 of the federal Clean Water Act). Mr. Poolc recommended that the Board defer action on the permit He said the permit's specia.l conditions could pose new financial implications to the District, and impacts due to possible variances between the conditions of the Everglades Forever Act and the federal amended consent decree. J "~l:~: .~,:... ....~ :. "':',: ~. .3"...........,.. ".r ',: r./~ ~ ~: ~ ~:.~:....~. 'f. - .... ..- ..~~ I~,'~ " :-.. ~. '.., ~~. ":1',:.,:' ~ ..... ~ ....-.--- _______~~ ....r--....-.... -.........-' - -,_-..... 1 6G 3 Governing Board Regular Meeting March 13. 1997 Page 19 Mr. Hammond said he wishes to vote on this item in April, but will not be ..bIe to attend the April 10 regular Governing Board meeting. He asked that. this item, and the ECP schedule, be scheduled for a vote at the April 9 meeting. Board members agreed. ~ . Motion by M.r. Machek to table acdon on the lChedule of the Ever&J.adet Construction ProJed, and on the final condidons of Everelades c..onstrucdon Project's 404 perudt. (Dredge & Pill, AUowin2 Construction) until the April 9, 1991 Govemi~ Board mee~. Mr. Bill Green, representing the Sugar Cane Growers CouperlUi lie of florid;.. ;;::.i:! his client supports.the motion to table. Mr. Charles Lee, Florida Audubon Societ)'. said there should be direct communication with the staW legislature about whether the agriculture industry is a partner in this process or an adversary. , Motion approved. AFrERNOON AGENDA APPROVAL: 2:00 P.M... A. Additions, Deletions, Substitutionc; Ms. Terrie Bates. Director, Regulation Department, noted the following changeS handed out as additil:>na1 backup to Items 47 and 48 of the Afternoon Consent Agenda: RIGHT OF WAY OCCUPANCY ROW City of North Miami (page 5, paragraph 1): Postponed to April 10 Board pERMIT APPLICA nONS Water Use Ballenisles Development (page 13, paragraph 2): Postponed'to April 10 Board Polo Trace (page 15, paragraph 7): Withdrawn by applicant ,<: >).'" '~.',,:::' ',:, ::. ~:' :';: ~~ \;,;-;'\~: !'::-,~' :::,'~::;":/' ':,',~ ':': ~:...:",: ~,:: -',';".>: ;. ': ':,:',~'" .','.: :.: i?' ~ - __-__~.ll .~' '1 ,_...._...,--""...----"""- ~";r".-1i'-_6'" ,...--.......... 111'--"" --.".. -~ v"W , -----..- 1 6G 3 Governing Board Regular Meeting March 13, 1997 Page 20 Environmental Resource SportSman's Park Outdoor World (page 1, paragraph 3): Approval subject to no objections by March 27 Tigertail Lake (page 2. paragraph 4): Approval subject to DO objections by March 26 Enclave at Doral (page 5. paragraph 1): Approval subject to DO objections by . March 17 Ibis Villas at Miami Gardens (page 5. paragraph 2): PostpOned to ApOllO Board Eagle Ridge Lakes (page 6, paragraph 2): Approval subject to no objections by March 19 Hyatt Beach House Vacation Club (page 9. paragraph 1): Approval subject to 00 objections by March 27 Surface Watu Mana&ement Extenslon Red Barn and Snake Pens (page 18, paragraph 1): ~1pOnod to April 10 Board Consent Aueements Quail West Ud. (page 19, paragraph 1): Change to read: Execute a conditional surface 'water management authorization and agreement between SFWMD and Quail West Ltd. for temporary authorization for limittd pumping under defined conditions on the Qaai1 Weat property (Sections 5. 7. and 8, Township 48 South. Range 26 East., Collier County) Puder Holmes at Grove Isle. Inc. (page 19, p~b 2): postponed to April 10 Board ' The Pointe (page 20, paragraph 9): Postponed to April 10 Board Southeast Investments of Palm Beach (page 20, paragraph 10): postponed to April 10 Board . ;,':,,:; ;: ;.'~ ' :,'. ': ,: \ ,,;'::.:;; "';' : ' . :;;.,' >X: :.;~'.;I : ';::y, . · _"" ....J.~ ......_:III"IOIII.ll Governing Board Regular Meeting March 13. 1997 Page 21 1 6G 3 GICK Corporation (page 20. paragraph 11): Added W ater Sbo~e Varlances .' Buccaneer Resort Inn (page 24, paragraph 6): Added Cross Cmek Ma.<<;ter Association (page 24. paragraph 7): Added Water Sho:rtn2'e Variance Denial Frank Warrell (pag,e 26. paragraph 3): Added B. Abs'teutions Mr. Berger abstained on item 48, an Environmental Resource Permit application for Enclave of Dora! (page 5, paragraph I). c. Pullltcms for Discussion No items were pulled. D. Malian to Approve Afternoon Consent Agenda Motion by Mr. Graham to approved the Afternoon Consent Agenda as revised Motion approved. The/ollowing items were approved as part of the Aftemocn Consent Agenda. AFTERNOON ~ONSENT AGENDA: REGULAroly MA 'ITEI{S 47. Consideration of Consent Agenda for Governing Board approval which includes CoIlStructioD and Land ~t itemS: Right of Way Occupancy Permit Applications Right of Way Qccupancy permit Modifications Right of Way Occupancy Waivers of Disuict Criteria . 48. Consideration of Consent Agenda for Governing Board approval which includes Ret:Wl1tory items: .f'''''''' ~.:l .:'...~J..::<o( '" I.'''~'' ,', ;t:'i'i:','~, ,:-<," ,', :,; .,~'.I ..... t~ '.: :r, : ~ \ :..:' I '. ~.. ::. . \___~-J ....______.7- , 6G 3 Governing Board Regular Meeting March. 13, 1997 Page 22 Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Easements)" ,. Environmental Resource Permit Applications (including Conservation Easements) SWIM Works of the District Permit Applications Surface Watl;r Management Permit Extensions Consent Agreements Water Shortage Variances Water Shortage V nriance Denials End of A!wrnoon Conslnt Agen44 Board membl!T'S returned to consideration of tlu Morning Discussion Agenda. REPORT FltOM TIIE EXECUTIVE DIRECTOR 43. Water :Management IDehligbts ~1r. Poole presented the highlights. A copy of the material u:ied in his presentation is included in the official record of this meeting. Update on Governor's Co~on for a Sustainable Sooth Florida Mr. Frank Duke, Senior Supervising Planner, Planning Department. presented the update. A copy of the material used in his presentation is included in the official n:cord of this meeting. 44. Governing Board FoUow-up Items Mr. Poole said information on this item was included as additional backup. 45. Update on Everglades Utigation Ms. Barbara Markham, General Counsel, presented tbC updat:. A copy of the material used in her presentation is included in the official record of this mee,ting. 1 bG 3 Governing Board Regular Meeting March 13, 1997 Page 23 Ms. Marl1lam reported that the Florida Supreme Court had granted Governor LawtOn Chiles' request f\)r an advisory opinion on two questions concerning Amendment S to the Florida Constitution. She recommended that the District neither oppose in the appear in the action nor advocate a position on either question. The Board exprt:ssed agreement for her recommendutioD.. 46. LegiJslative Update , Mr. lilichael Slayton, Deputy Executive Director, presentt'A 'the update. A copy of the Ulaterial used in his presGntation is included in the official record of this meeting.. Mr. Slayton CO~ that l-Iouse Bill (HB) 501 improves the coordination between the Water Mana,gement District and the Chapter 298 Districts on wlUer supply plaon;ng. Ms. Singer a*.cd that staff provide a copy of the legislative update to Representati~ Phil Lewis. REPORT FROM ADVISORY COM~U'fl'~ Ms. Nanciaun Regalado, Chairmm. Environmental Advisory Committee. presented the report She :said the committee recommends that the Board support the e.~ state Vw'lltcr rights law, and asked tbJIt the Board urge the U.S. Anny Corps of Engineers to proceed with the Programmatic Environmental Impact Study for Lee and Collier Counties. Responding to a comment from M.s. Regalado that the Distri4;t conduct a study of the provisions of the Environmental Resource Permit process. Ch.airman Williamson cfu;cted staff to review those provisions with Ms. Regalado and attempt to addres:; her concems. PUBLIC COMMENT Ms. Patti Webster, Chairperson, Centnll Broward County Dninage Disttict. commented on the Legislative Update. She asked that the District P;lY close attention to current proposed legislation, as much of it is generated from recommendations made by the Water Manag:ement District Review Commi~on. PUBLIC HEARING Chainnan Williamson opened the public hearing. , /"..; : ',:' ."~. ,~: ,:. .',::' <.~ ~,~; "::,:: .'~ '. ~<~ '. ~ i. ,', =:' : ,'....., .."", ',.::.;:.~ '.... .. '. " ~. . . ,.' , " . ~' ...- '. '.. " : . ':.": ~;\. I' . ,. "' ... ' .' ~ 11 ...""---- r - - ,- -11- 'v.lf -11 r r--~ -11'- -- . 1 6G 3 Governing Board Regular Meeting March 13. 1997 Page 24 34. Approve an a:reement with the City of Pembroke Pines and Broward ComIty reemrdlng the property to be purchased from Mark ColIllns. ~ . , Mr. Rinaldi presentt'.d information on this item. A copy of the material used in his presenLation is included in the official rec~rd of this meeting. He :wd an agreement has been fmalized for this 8.C{}uisition. MotJon by Mr. Graham to approve an agn>ement with the at)' of Pembroke Pinos and Broward C{Jlunty regarding the property to be purchased trom Mark Coliin", as personal repreSentative of the Estate of Robert W. Chambers, deceased, and as ~.nonaJ representati've of the Estate of Arlene O1amhers, deceased- Motion approved. End of Mornin~ Discussion Agenda AFfERNOON DISCUSSION AGENDA: REGULATORY MATI'ERS ITWCD MI'nGA nON PROGRAM AND L-8 PLAN UPDATE 49. Annum update on tIle Indian Trail Water Control Distriet Unit 11 Mitigati,on ProgI1Ull and L-8 Operation Plan Mr. Robert G. Robbins, Director, Natural Resource Managetuent Division, and Mr. Damon M. Meiers, Senior Supervising Engineer, Surface Water Management Division, presented inf,ormation on this item. A ~py of the material used in their presentation is included in the official ff"..cord of this meeting. . Ms. Barbara Susco, a I..akc Worth resident, said she represents property owners in thi.. area and received assurances in 1987 'that her property would be buildable. She said property owners in thc: area have received no information about this issue. The B,oard directed staff to provide futuro updates by memo to Board Memben rather th3n staff presentations. Ms. Tenie Bates, Director, Regulation Department, said no Board 8CtiOD is required today. She said staff will report annually on this issue. . SURFACE WATER MANAGEMENT EMERGENCY STRUCTURES SO. Consideration of emerzency structure pennitW1& &Wdeline~. ----_........"'---~ ,.":,~' ":.:/:':~',~.,;;'.'",,,' :", ,:.::!!",,:,,:,""!','"" ,:';-", A':...... '.' :'.' "., , - .dJ~1II 1 6G 3 Governing Board Regular Meeting March 13, 1997 Page 25 Mr. Ken Todd, Senior Supervising Engineer, Field Engineering Division. Regulation Department, presc.:nted information on this item. A copy of the matx~rial used in his presentation is included in the official record of this m...,cting. .- ~ . Mr. 'Todd said staff recommends approval of the emergency structU1'C guide1ioes. Mr. Bob Lawson, St. Lucie West Services District, and Mr. Allen Wertepny, representing the North Palm Beach County Improvement District, both said they support aoproval of this item. MODon byMI'. Machek to approve emr.q:cncy structure permitting (lddelina to 1I110w for !&.4iter response to requests for em~ency storm preparation and nood relief. Motion aplll'Oved. BOARD coMMENT Mr. Machek w.ed that staff provide an updated list of District CommitteeS and their members. 'Mr. Hammond askt:d that the list identify those committeeS to which members arc assigned to direc1ly by the Board. and those commiuees to which mcmbeIs are assigned ;0 by other agl~ncies or organizations. End of Afternoon Agenda t ADJOURNMENT ~ There being no further business to come before the Board, 1he meeting was adjourned at 4:00 p.m. -.. .........- _..~___1IlI._ _ .'_~' "",.,~lfII_ ....,.~~..,. ' '\ ~.' ~~ ':;.,"., " ,~'.\~:- ,:",-, ,~=.._---~--"- South Florida Water Managenlcnt District ... 3301 Gun Cluh Road, Ww Palm Beach, l-lunda 33406' (561) 686-8800' FL \VATS 1-800-432-20-$5 1 6G 3 FIN 12 January 30, 1997 Clerk of COU1ts Collier County Circuit Court Clerk's FinanGe Dept., Attn: Controller 267\ Airport Rd., Court Plaza m Naples, Florida 3394\-3016 Dear Clerk of Courts: Pursuant to FLORIDA STATUTE 189.418 (3)(a),(b), the follo\\ing documents are enclosed: 1. TIle Comprehensive Annual Financial Report and related Management Letter for fiscal year ended Septembei 30, 1996 2. A list of the District's scheduled Governing Board meetings 3. A map of the District which shows all county boundaries within the District 4, Public: Facilities Report Update, Per in!>tructions of the Department of Banking and Finance, the Annual Local Govemment Financial Report is no longer being submitted because the District is a component unit of the State of Florida Department of Environmental Protection. TIle South Florida Water Management District welcomes any questions or comments on the enclosed infonnation. Please direct inquiries to me at the address noted on the letterhead, Sincerely, RffJt ~, 9frA Robert N. Gray U Director of Accounting and Financial Services RNG/pnb Enclosures GO'~'t'r"il1g ROflrd: Valerie 11"",1. Ch'lirman Frank \Viliiamson. Jr.. Vi.e Ch"inn;lIl \Villiam E. Graham S.l1lHlcI E. I\",k Ill. Exenlli,'e n;r~d'" !\ li.hJd Slayton, D~l'"ty Exe,.l\t;"l' \)",'-1'" \Vi\1i;t11l I bll1llll'n,\ HetS\' Krant Ricl~;lrd A, l\Lll'hek ElI~ene K. Pettis ~.Ith.lnicl p, Reed 1\ lirialTl Sin~er rvhilin~Addrcss: 1',0. Box 24680. West Palm Belch. FLB416--l680 --~--.... -_. --- ..._..~.,._-_.---_.....~-- . ',,', ') I :,'.' . . .: t I.). ,Of,' . , .' . , , ,. ...' '. ~. , : . . . ~ I Comprehensive Annual Financial Report I 1 6G 3 ~ SOUTH FLORlI)A I WATER MA~TAGEMENT DISTRICT I A Compooent Unit of the State of Florid" I I I I I I I I I I I I I Fiscal year ended September 30, 1996 I I I I I I I I I I I I I I I I I I I COMF'REHENSIVE ANNUAL FINANCIAL REPORT 1 6G 3 SOUTH FLORIDA ,V A TER MANAGEMENT DISTRICT A Component Unit of the State of Florida Fiscal Year Ended September 30, 1996 Prepared By Accounting and Financial Services Division Robert N. Gray, Director INDEPENDENT AUDITORS Arthur Andersen LLP I I I I I I I I I I I I I I I I I I I /"'! ~~':.'(')'~"':..',:'" ,'. :',;",;"" : ;,~:,:""<,,.:', '<:'.,;: 1 6G SOUTH FLORIDA WATER MANAGEMENT DISTRICT COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30. 1996 T ABLE OF CONTENTS INTRODUCTORY SECTION LETTER OF TRANS MITT AL .,..",..,.."."."""...,.,',....,."..,.., Financial Overview . . . , , . . . , . , . , , . ' ' . . . . , , , , , . . . . , . . . . , , , , , ' , , ' , . . . , , ' ' Management's Responsibilities, . , ' , . , , , , . , , . , , , , . . . , . . . . , , , , . , ' , , , , . . . , ' , REPORT COMPOSITION . , . , , , , . ' ' ' , , , , , , , , ' . , , , , , , . . , . . . , . , ' , , . , ' , . . , . ' 1 - Introductory Section . . . . . . . , ' , , , , , ' , . , ' . , ' . , ' , , . , , , . , , , , , , , , , , . , . , ' , II - Financial Section .,..".",',.,"'" .",.",..",..,""",.,'" III _ Supplemental Financial Information Section, , , , ' , , , , ' , . . , , ' , , . , ' , ' . , , , . , ' , IV - Statistical Section ,..,.".',,""'" """...."."",.,",.". - , V - Disclosure Section ,..,.,."""."""",....."..,..,....".,.,' MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCES ,.",...'"..,.," Dual Reporting Levels, , . . . . , . , , , , . . , . , ' , ' . ' , , ' , , . , , , . , , , , , , . . , , . . , , , Consolidated Financial Position , , . , . , . , , ' , , , , , ' ' , , ' , , ' . . ' , , ' , , , , ' , , . . . , ' Consolidated Operating Results ..,...,.",.""""..,..,.".,.,',....,' SUMMARY FINANCIAL STATElvffiNTS """""".".",.,..,..,",.".,' Summary Balance Sheet ."."",.".".""",,",..,',.,.,"',.,.,.,' Summary Statement of Revenues, Expenditures and Changes in Unexpended Fund Balances Summary Statement of Cash Flows and Changes in Cash and Investments, , , ' , . . , . . , Suml1ll1ry Statement of Changes in Net Investment in Capital Assets. . , . , . , , . , . . . . , ' , , . . . . Notes to Summary Financial Statements , . . " ."".,.,.,.."..,..,.,.....,",.... HISTORICAL AND CURRENT SETTING . , , , . . , , ' , , , , , , , . . , . , , . , , . . , , . . . , , . , ' Creation of the District , . . ' . . , . . . , . , , , , . , , . , , , , , , , , . , , , . . , , . . . . . . . . . . , ' Governance and Management .....",.."."",."".,",.".,",...,'" Boundaries and Loclltions ..,..,..,.,..",.".",..,.".,.."..,",...,' REVIEW OF TIlE REGIONAL ECONOMIC CONDITION AND OUTLOOK , , , , , . . . , , ' , Population Trends . , . . , . . . . . , , , , , . ' , , , ' , , ' , ' , , , ' , , , , , ' . , , . . . , ' , . , . . . ' , Economic Analysis ..",...,.."...,.".," , ' ' , , , ' , , . . . . . , ' , . . . . . , , MISSION AND MAJOR INITIATIVES "."",.,."".",,',"",.,....,',.., Mission .,.""..,"',.".,..,',..,"""',..,"',.,',....,.".." Flood Protee.tion . . . . . . , , . , . . . , . . . . . . . , , , , . , ' . , , , , , , . , , . . , , '. ....,.', Water Supply Planning and Management .."..""",.".,.,,"',.,',..,.., Water Quality Protection . . . , , ' . , , . , , , . , , ' , . , . . . , . . ' , , ' , , , ' , ' , ' . . . . , ' Environmental Protection and Enhancement ",."""""""",.,"',....,' INTERNAL CONTROLS . . , . . . . . , . , , , , , , , , , ' , , , ' , , , , . , . , , . . . . . , , , . . . , , . . , ' Principles of Financial Management , . , , , , " ",.,..""",.",....,',.,.,' Budget Adoption and Controls . , . , . . . , , , , , , . ' , ' , , , , , , , , , , . . , . , . . . , . . . , . , ' Accounting Controls .. , . , . , . , . . . . , , . . . , , , , , ' , , , , , , . . , . . , , . . . . , . . . . . . , , Audit Controls ,.........".....".""..",..,',....."...,',....,., AWARDS ",..,..,.......,.,.,.".,.",.,"""',...,...,..........., Certificate of Achievement for Excellence in Financial Reporting. . . . . , . , . , , . . . . . . ' , ' . . . . Distinguished Budget Presentation Award . , ' . . . , , , , ' , . , , . . , , , , . , , . , , . . . . . . ' , ' . . . . . Award for Outstanding Achievement in Popular Annual Financial Reporting . , . . , . . . . ' Award for Excellence in Financial Management ."""............,',......., ACKNOWLEDGEMENTS , . , . . . . . , , , . . , . . . , ' " ..,..,....."",."......,' ORGANIZATION CHART - LIST OF PRINCIPAL OFFICIALS, . . . . , . . . , . , , , . . . . . . FIN'ANCE STAFF . . , . , . . . . ' , . . . , , . . , , . , , . . , , , ' , , . , . . , . . . . , , , . . , , . . . . . . , GFOA CERTIFICATE OF ACHIEVElvffiNT FOR EXCELLENCE IN FINANCIAL REPORTING. . . . -- -- .- _...L.____~ - ~- -.- ,-,. -,- ~ """"-_......_.....~".. ' ' . . , . \. .. . .... ~ -,.. ..... . 3 tw. I . \ 1 . 1 I . I 1 . 2 1 - 2 1 . 2 I - 2 I - 2 I - 2 I . 3 I . 3 I - 3 I . 6 I - 9 I . 9 I . \0 I . 11 I - 12 I - \3 I - 16 I - 16 I - 16 I . 17 1 - 18 I - 18 I . 18 I - 19 I - 19 I . 19 I . 20 I . 21 1 . 21 1.24 I . 24 1 - 24 I - 24 I . 24 I - 25 I . 25 I - 25 I . 25 1-25 1 . 25 I - 26 I .27 1 - 28 --~ TABLE OF CONTENTS (Continued) FlNANCIAL SECTION REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS GENERAL PURPOSE FINANCIAL ST A TEt<.ffiNTS Combined Balllnce Sheet - All Fund Types Ilnd Account Groups .......' Combined Statement of Revenues. Expenditure~ and Changes in .,.....,' Fund Blllance - All Governmental Fund Types Combined SLatement of Revenues. Expenditures and Changes in ....,.,' Fund Bf\lance - All Governmental Fund Types - Budget and Actual Statement of Revenues, Expenses And Changes in Retained Earnings - ..", Propriet:ny Fund Type - Internal Service Fund SLatement of Cash Flows - ,."""...".",.",."......".," ProprieLary Fund Type - Internal Service Fund Notes to the Financial Statements. , . ' . . , , . . , , ' . , ' , . . . . . ' . . . , . , . ' 1 6G 3 Elhlhlt r-at,c . ..... . ., . . H - I A - I 11 - 2 A - 2 H - 4 A- 3 H-6 A- 4 11-9 A- S 11 - 10 . . . .,. . .. H-II COMBINING, INDIVIDUAL FUND A}.1) ACCOUNT GROUP FINANCIAL 5T A TEtviENTS AND SCHEDULES General Fund ,........".".,.....,.".,' ' ' . , , , , , . , . . . , . . Comparative Balance Sheet . . . , ' , . , . , , ' . .. ,.,....,' . , . . ' Comparative Statement of Revenues. Expenditures and ,.."...," Changes in Fund B.ll.lance Special Revenue Funds ..", , . . , . , ' ' , , , ' , ' ' . ' . , . . . . , , . ' , Combining Balance Sheet , . , . . , , . . . , . , , ., ," , . , . , . . . , , ' , Combining SLatement of Revenues. Expenditures and . , . ' . , . , ' , Changes in Fund Balance Combining Statement of Revenues, Expenditures ".,..,...,..., and Changes in Fund Balance - Budget and Actual Capital Projects Funds. . . . , . . . . . ' , , . , , , , . , , , . , . . ' . , , . , . , , . , , ' Combining Balance Sheet ", , . . . . . . , . ' , ' , ' , , , . , , . , . . . . , , . Combining Statement of Revenues, Expenditures ".",..,.,...," and Changes in Fund Balance Combining Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Ill-2 I11-3 111-4 B-1 n - 2 C - 1 C - 2 llI.8 1Il - 10 I11-12 C ~ 3 III - 14 D - I D - 2 III - 23 1lI.H III - 26 D - 3 III - 28 Agency Funds. . , . . . . . . . , ' ' . , . , , . . . , ' . ' , ' , " ......,.,..,,"',.....," Combining Balance Sheet ."",.,., . , . ' .' . . , . . , , . . , . . . , Combining Statement of Changes in Assets and Liabilities. . . , , . , . , ' E - 1 E-2 m - 33 m - 34 1Il - 35 General Fixed Assets Account Group . . . . . . . . ' , . . , . , ' , , , . . , . . . , , , ' Comparative Schedule of General Fixed Assets by Source ' . , , , , . , . ' Schedule of General Fixed Assets - by Function and Activit)' ...",., Schedule of Changes in General Fixed Assets - """", . , , , , ' ' by function and Activity General Long-Term Liabilities Account Group , , , , , , , , . . . , , ' , Comparative Balance Sheet. . . . . , , . , , . , , , . ' , , . . . , . . , . , . . , Comparative Statement of Changes in General Long-Term Liabilities . Schedules of Special Obligation Land Acquisition Bonds Seri.:s 1993 .,......,.,....."".,',.,',....,..," Series 1995 .,..".....",..,',.,..,' ' , . . . . . . . . . , . . Series 1996 ....' . . . . , , , . . ' . . . . , ' . ' ' , , , . , . . . . . . . , , . 11 F - I F .2 F - 3 III - 36 1II - 37 III - 38 III - 39 G - 1 G - 2 III - 40 I11-41 III - 42 G - 3 G - 4 G - 5 III . 43 III - 44 III . 4S ':':.~:',i.\':;')." ,', ", :<;~,'<>>, ;,' ,',. . _.-"-- .. ~II--~ - ~ - I TABLE OF CONTENTS (Continued) I I STATISTICAL SECTION DEMOGRAPHIC INDICATORS Annual Percentage Increase in Population . , , . . , , , , . . . . , . . . , . . . , . . , ' Average Annual Rainfall . . . . . . . , , . . , . , . ' , ' . , ' ' , , , . . , , . , , . , . , . Residential W...ter Use . . . . . . , , . . ' , , , . ' . . , . , , ' , ' , , , . , ' . . . . . , , ' Unemployment Rates ."......"..."".,'" ,..,..,..',..',. Per Capita Income ,.,.,."....,."."."....,',.."...,',.., Assessed Value of Taxable Property, . . , , ' . . . , . , ' , , . . , ' . , , .' ..' Assessed Pr<1pcrty Value Per Capita ". . . . , . , ' , , , . ' , , . , . , . , . , , . ' , . Asscss.:d Taxable Property Value Chllnges by Component ..,......, . , . Employees Per 100.000 Population. . . . , . , . . ' . . , . . . . . . . , , . , , . ' I I I REVENUE ilIDICA TORS Revenues Per C/lpita . . , , . . . ' . . . , ' , ' ' Revenues by Source ,.,.,."..".,.."., Property T...x Revenue~ ..,...""" . . ' Property Tax Revenues .."..,."" , . , ' Principal County Taxpayers District Property Tax Rate . , . . , ' , , , , , . , . Basin Property Tax Rates ..".,....,... InvestInent Yields . . , . . . . , . . , . ' , . . . , . , , , . ' . I I I EXPENDITURE INDICATORS ,Expenditures Per Capita ,..,.,..,..,',..,' Major Expenditure Class Distribution , . . , , Expenditures by Major Object .'" . . . . . , Expenditures by Function ,..."".""" I I OPERATING INDICATORS Ratio of Net Change in Governmental Fund Balances to Revenues Ratio of Governmental Fund Balances to Revenues ' . , . . . . . . . , . . . , , , , ' Ratio of Unreserved Governmental Fund Balances to Revenues .""", CWTent Ralio ......,..",..., . , , . , . . . , . , , ' , . , . . . . . . , , , . . . ' ' I I DEBT INDICATORS Net Debt Per Capita ..,......","",..," ,.,..',.,..",.'" Ratio of Net Debt to Assessed Value """",. Ratio of Debt Service to Tota] , . , . , . , , . . . . . , . . , . , ' , . . ' , , , . , . . , , General Governmental Expenditurcs Debt to Capital Asset Ratio . . , . . , . ' , . , " ""."."".."".". I I WORKLOAD INDICATORS Permit Applications Received ,....,."...,..,.".......,....," Water Moved by District Pump Stations . . . . . , , . , , , , . . . , , , . , . , , . , Save Our Rivers Land Acquisitions ....'..',,' " . , . . . . . , . . , , . Water Management Lands Trust Fund Activity ..",..".......,.,,' Preservation 2000 Trust Fund Activity ",.."". . , ' . , . , ' , , Land Acquisition Trust Fund Activity , ' . . , . , , . . . , ' . . . . ' . , . , I I I I 111 ..- E~hiblt H. I H - 2 H - 3 H - 4 H - 5 H-6 H - 7 It - 8 H - 9 I - I I - 2 I - 3 I .4 I - 5 I - 6 I - 7 J. I J . 2 J. 3 J - 4 K - I K.2 K .3 K - 4 L - I L-2 L.3 L-4 M - 1 M.2 M - 3 M - 4 M - 5 M - 6 -- - TI - 1 6G 3 f.!..tt IV-I IV-2 IV-3 IV-4 IV-5 IV-6 IV.7 IV-8 lV-9 IV.IO IV-II IV.12 lV-13 IV-14 IV.15 IV-16 IV-I? IV.18 IV -19 IV.20 IV -21 IV -22 IV -23 IV-24 I V -25 IV -26 IV.27 IV.28 IV.29 IV.30 IV.31 IV -32 IV -33 IV-J4 a :<:' '.: ':..:; :,', '~;; ':::';, '.:::..... . '.' ,1 .:' i::~";:: ' ,':, :"""'~' >' ).:;' :::-:. \ ':'.:-::'. ::'" ';, - --~~--- , *;, ' ,,;. 'r .', ,\; , . :',' . ---.- .....r ~ w-- -- - -. -, 1 6G 3 T ABLE OF CONTENTS (Continued) DISCLOSURE S'ECTlPN Exhibit l3.cs. S.E.C. RULE 15c2-12 DISCLOSURES District Agreemel,t ,.nd Effective Dates ....,.,.".............,"",......,",. V-I Annual Finmcial information. . , ' . , . . . . . . . . ' , , . , , . , . , , . ' . . . , . ' , ' ' 0 . . . . 0 . . , , 0 . V-2 Security for the B"ods . . . . . . ' . . . ' , , , , ' , , , ' , , . ' , , . , , . , ' . . . . , , ' , ' , . . . 0 , , , ' , . . V-2 Do<:umeotary Stamp Tax .., . . ' , , , . . , , , , ' , , " "....,."..'.,' ,... 0 . . . , ' V-2 Funding and Allocation of the Trust Fund . . . . . . . . . ' . . ' , . . . . . . . . " ,....... 0 ' , , 0 , V.3 Do<:umentary Stamp Collections and Debt Service Coverage ..... 0 . , . ' , ' ' , . . . . . " .,. V.3 Use of the Trust Fund . . . . , . . . . . , . . . . . . , . , . , , , , ' , , , , ' , . ' . . , , ' ' , . . 0 . . . . , ' V-3 Escrow and Reserve Funds .", 0 ' , . . , . , , , . , . , ' , ' , . , . , . , , . , . , " "",. 0 ' , , , . . V-4 Annual Debt Service Requirements ".,.,."""","""',..," "". 0 . . , , , . . V-4 Audited Annuat Financint Statements . , , , , , , . , , , , ' , ' , , , . , . , , . . , " ,.....".,.,. v-s Required Notices ............,",. 0 , , . , ' , , , , . ' . . . , , , , , , . , ' ' ' , , , . . . . ' V-5 Historical Documentary Stamp Tax Collections and Debt s<:rvice Coverage ", 0 . , , . . . , , , , . , . , . , . . . , , , , , . , . . , ' ' N - 1 V-6 Water Man.1gement Lands Trust Fund - Di~trict Account. , . , , . , , , . , , ' N - 2 V-7 1V :,.." ,',y:::,.>,: ,<,~",.,.~",_:,.::;:~,(,,<,;. . ::, >':-':;.'J:","":/:",,.',,~, :', ,0';',: '.', :'" ,~.:,".:'>~.'rl., " ......,.,..,___.4lol. I I I I I I I I I I I I I I I I I I I 1 6G 3 INTRODUCTORY SECTION ---- .,---.""'..--;.------ :'. ':' '::., ,,:;..". '. '.,. . ',: t .".,"" i . , ,~_.:" :~~: . : . 1 6G 3 South Florida Water Management District 3301 Gun Club Road, West Palm Beach, Florida 33406. (561) 686-8800. FL WATS 1-800-432-2045 TO: GOVERNING BOARD MEMBERS AND SAMUEL E. POOLE lII, EXECUTIVE OmECTOR SUBJECT: COMPRl:HENSIVE ANNUAL FINANCIAL REPORT - FY 1996 I This Comprehensive Annual Financial Report (commonly called the .CAFR") relates our complete fmancial posilion and results of operations for the fiscal year ended September 30, 1996, It includes all entilies I1nd funds for which the Board is fmancially accountable. I I FINANCIAL OVERVIErV I Our total financial JX'sition at September 30 reports I Assets approKimating S \.3 billion primarily composed of capital assets ($940.8 million) and investments ($293,2 million), I Liabilities of S 176 million including bonds payable of S88,8 million, I Net equity of $1,1 billion that includes our S852 million net investment in capital assets plus unexpended funds of $264,6 million, I Operating results for year ended September 30 were I Revenues totaling $2865 million primarily composed of Sl77,3 million (6\.9%) from taxes Ilnd $85,6 million (29,9%) from Slale and Federal sources. I Expenditures of S280,9 million including S 131 A million for capital and capital management and S149,5 million for operating and resource management. I I MANAGEMENT'S RESPONSIBILI11ES I Responsibility for the integrity, objectivity. accuracy. completeness and fairness of presentation of these financial statements rests with I I Gavtrning Board: Valerie Bovd. Chairman Frank \Vllliam~on, Jr., Vice Chairman I William E. Graham \Villiam Hammond Bets\' K.-ant Richard A. Machek management The G.;neral Purpose Financial Statements and indivlQ'Jat fund statements were prcpared in confonnity with generally accepted accounting principle; tOAAP) for govcrnmental entities. To our knowledge. tbe information IS accurate in all material respects and fairly presents our financial posillon and operating results. The report includes disclO$ures required to provide an understanding of our financial aff:lirs The District maintains a system of intcrnal accounting controls deSIgned to provide (a) reasonable assurance that assets arc safeguarded against loss or unauthorized use and (b) reliable linancil\l records for use in preparing financial statements and for mamtaining accountability of assets, The concept of reasonable assurance is based on recognitIOn that the cost of an internal control system must not exceed \lIe benefits. Arthur Andersen LLP. independent auditors, have audited the fmancial statements in acr.ordance with generally accepl<:d auditing standards and included a review of internal accounting controls to the extent necessary to express an opinion on the fairness of these financial statements, C:r::.~ey:-. Director, tI1anagement ServIces Dep<u1menf 't' 4J f!Jif,. E. Barrett Atwood, Sr. Director of Finance M tJ. 5Jr< .. Robert N. Gray 0- Director, Accounting & Financial Services Division December 24, 1996 I-I Eugene K. Pettis i'lathaniel P. Reed l\1iriam Singer Samuel E, Poole 111. E:<:ecuti\'e Director Michael Slayton, Deputy Executi\'e Direcrnr Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 '; _" ,'r":,,:', ","":', ."', ",: -', ......' '..:,'.: ~"" ,', ".... :' ,..':': ~",":,:~, . :-.,: ;" ,', - <~".....,"--.,,--""",_.~----- SOUTH FLORIDA WATER MANAGEMENT DISTRICT REPORT COMPOSITION The organization, form. and contents of this Comprehensive Annual Financial Report conform to generally accepted accou."lting principles (GAAP) of the Governmenal Accounting Stnmlards Board (GASB) and the guidelines prescribed by the Government Finance Officers Association (GFOA). It contains five (5) major scction~. I _ INTRODUCl"ORY SECTION that provides Management's disc:ussion and nnnlysis of the dual reporting levels of our financial statements, and highlights of our consolidated financial position and operating results; Summary financial Statements and Notes to the Summnry Financial Statements; The District's historical and current setting that summarizes our statutory creation, governance and management plus our boundaries and locations; A review of the regional economic condition and outlook noting population trends and general economic conditions; A summary of our mission and the major initiatives of the pllst year and major activities in the future; A brief o....erview of our Principles of Financial Management, budgeting and accounting controls, audit committee oversight, and audits; and A rccognition of financial management awards received by the District. II _ FINANCIAL SECTION that contains the Report of the Independent Certified Public Accountants, and General Purposc Financial Statements including Notes to the Financial Satements, 1 6G 3 I 1U _ SUPPLEMENTAL FINANCIAL INFORMATION SECTION in~ludes detail financial statemcmts of individual operating .nod capital funds plus statements and schedules of fixed assets (including infrastructure) and o\.ltstanding District debt These nre grouped liS follows: Combining Fmancial Statements, Individual FWld Fintmcial Statements. and Account Group State'ments and Schedules, IV _ 5T A TISTICA L Sr.CTION presents ten year trends of data in charts. gnphs and narrative for the following indiclltors: Demographic, Revenue, Expendi:ure, Operating, Debt Workload, V _ DISCLOSURE SECTION that presents annUIII financial information and operating data for all outstanding bond issur.s (the" AnnU3IInformation") consistent with Rule 15c2-12 of the Securities and Exchange Commission, This section also makes a positive statement regarding the nonoccurrence of the material events during the year. . I - 2 - .--..----.-----.---- __... .L _ _~ Al_ --~.. --......~~~,,"~-..... I I I I I I I I I I I CASH AND ll'<V'ESTMENTS I LNVESTMENT YIELDS 5 Millions 1991 1992 1993 199~ 1995 1996 Cash and Investments $134,1 $176, I $191.1 $200,1 $246.2 $293.2 Interest Income $10,2 $9,4 $8,8 $9.1 $14.2 $16.7 District Average Yield 7.18% 4,98% 4.09% 4.10% 5.69% 5.75% Benchmark Yields: 5.51% 5.43% State Money Market Fund 7,12% 4,75% 3.67% 3,75% 6-Month Treasuries 6.30% 4,01% ).15% ),99% 5.70% 5.28% 1- Year Treasuries 6,43% 4.20% 3.43% 4.42% 6.24%, 5.470/. 2. Year Treasuries 6.98% 5,05% 4.13% 5.17% 6,56% 5.720/. soum FLORIDA WATER MANAGEMENT DISTRICT MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCES This summary contin\\es the District's financial accountability to our 1.lIxpayers, citizens. ~pecial interest groups and other users of our fmancial sts.tements. It gives a brief, objective and nontechnical overview of changes in our financial position and operating results for the year ended September 30. We urge reading this discussion and analysis with our fmancial statements. DUAL REPORTING LEVELS Ollr fmancial reporting approach displays the financial statements from two reporting levels: District-wide lcvel and Individual fund levcl. The DislricJ-witJe level consolidates the financial operations of all funds into a single set of statements. The objective is to illustrate our total financial position and operating results, This enables users to focus on the "big picture. of our total financial position and perfoITnI\Oce without having to consider the activity of individual funds, I The individual fund level presents more detailed financial activity of our general, special revenue, capital and internal service funds. The objective is to analyze the amount and flow of the financial resources of individual funds during the past year. I I I I I I I 1 bG 3 This detailed review also displays legal budgetary compliance of each fund, CONSOLIDATED FINANCIAL POSITION The Balance Sheet presents a picture of our fmancial position at our fiscal year end, September 30. It reveals our resources balanced against debt and residual intert:st in the items we own. It contains three components: 1) Assets. the items we own or control; 2) Liabilities, the debu we owe; and 3) Equity, the residual interest in the ilems we 0\\11 or control aftel deducting our liabilities. The fol1owing discussion analyzes several componenls of our Balance Sheet for the pllst fiscal year in comparison with tht: prior five years, (The Statistical Seclion of the Comprehensive Annual Financial Report mok..s these and other comparisons for Ihe pasl un years,) Cash and investments balances increased significantly in recent years, The Statement of Cash Flows and Changes in Cash llnd lnvestmtnts shows major sourccs and uses of cash during the vear. The incrcaso:: results from the accumulation of ~xcess revenues to iund capital purchases in the next few years; primarily for the Everglades Construction Project Major construction beginning in 1998 will result in significant cash needs. This will reduce capital-rdated cash balances by approximately $65 million from current levels. The following table reflects ycar-end cash and investments balances and the annual interest income, rales of return and comparison of that yield to related benchmark yields, 1-3 . ,,'::<,'.'.:.. '.": ,:,,; .':" \., ':-"~., :.~:." "': .'.....'-.~.;..::, .;....,.:;. soum FLORIDA WATER MANAGEMENT DISTRICT Investment matuIities are limited to five years. We match maturities to operating and capital needs, As a result, the dollar-weighted average days to maturity of investments ranged from 3 to 18 months during thr: year depending on the timing of receipts and projected cash needs. Only a few investments excel:d two years. Investment polley complies with Florida Statutes, Permitted investments are direct investments in U.S. Treasury securities. U.S. Agency obligations, repurchase agreements fully collateralized by U,S. Treasury securities. and the Local Government Surplus Funds TnlSt Fund administered by the State of Florida as a m(mey market fund (State Money Mtrket Fund). Our poiicy does not allow 1-6.G 3 borrowing to leverage investment balances. Liquidity expresses the current position or relationship ("currcnt ratio") between our current assets and current liabilities. The I!.rcater the current ratio is more than I: I, the stronger our liquidity and our ability to meet currently obligations and unexpected disbursement needs. Our current ratio of 6,32:1 compares to I ratio of 8.13: I in the prior year. This lower ratio results from an increase in current liabilities of over S 18 million, mainly deferred revenues from the Federal government. This ralio slill shows II strong cash position and Sufrlcient ca~h and future cash items available: to pay current oblig:ltions, $3.50 14 :;J 16 CURRENT $300 12 LIQUIDITY RAno ....... II) c: .Q = $250 /10 ~ , ....... III C1l ~ $200 8 ..c 111 S! :J co 06 0: !! $150 6 C1l t:l <: c ~ $100 4 ::J - IUtio t) $SO 2 ell Current Liabilities SO 0 le:::::'1 CuTent Alscu 1991 1992 1993 1994 1995 1996 1III~__.li!l I - 4 li.---4l I I I I I I I I I I SOtml FLORIDA WATER MANAGEMENT DISTRICT Net Capital Assets (lotal capit.,1 assets less capital debt) increased by $73 million during the year to $852 million at s.:ptembcr 30. 1996. The purchase of environ:nentaUy sensitive land accounted for most of this increase. Debt Mana~ement policies maintain a modest debt level as noted in the above chart, A partial debt refinancing in 1993 resulted in a slight increase in the debt to capitnl asset ratio. In April, we issued S35 million of added debt based on the planned level of capital expenditures in the next five years and low interest rates in 1996. This resulted in the large increase in the debt to capital asset ratio, The District's Principles of Financial Management limit this ratio to 30%. well above the level for any added debt financing. 51.COO Vi'SOO1 c: ~ ~ 15$1500 Cll Q ,fl Cll ti$.ol c( co "'" Q, co Us:;,>OO I I I I I I I I I g.o 7.8 -"'7:'4 rTJ {illN lGJ : ~ : : ; : . : : : : : :::::: :::::: Hm: "..., :HH\ mm 'H'H\\\\: $0 1991 1992 1993 ~- --- Lb-G 3 This land acquisition program is primarily funded through the continued availability of State revenues ($72,1 million in 1996). These revenues arise from the District's share of the Water Management Lands Trust Fund and the Prescrvlltion 2000 Program. 10 9.4 DEBT To CAPITAL ASSET RATIO 8 .2 cu 0:::: ... - Debt to Clpiul R~tio 2 - O\nund"g Debt c:J Clpiul A.ssets 0 1994 1995 1996 There are no curro:nt plans for issuing long-term debt However, with the st:ltutory schedule for completing the Everglades Construction Project, about $70 million in short-term fmancing appears necessary in 1998 and 1999 to be repaid in the following two years, A similar borrowing and repayment of approximately $55 million will be needed in 2002 and 2003. This projection is bLlsed on preliminary construction cost estimates and primary revenue sources (i,e" agricultural privilege tax and 1/10 mil ad valorem t:lx) continuing through the end of the construction period in 2005. I - 5 --"."--,~.__...""- soum FLORIDA WATER MANAGEMENT DISTRICT Outstanding bonds mAture through 2015 with 40% of the principal scheduled for repayment in the next 10 yeArs using a level debt service strUcture, All outstanding debt represents special obligation land acquisition bonds secured by a share of . , . I~ ~ .' . " . . "', . 1 6G '3 statewide documentary sump tax col1ections. The District has no general obligation bonw authorized or outstanding. Our credit rating remains at Au for these insured bonds, $40 40% DB DEBT SERVICE $36 REQUIREMENTS Ui'$3O 30% c: to ;2 0.. '0 ~ ,S; '" ct '~ $20 m '2014 ~ ({) '0 ~ i= ell 0 '" u (ii e:i Pcrca11 ofTOOIl Princip.'\I '0 ll. ~ $10 '014 Cill.J To'.al Debt Scnicc $0 - Principal QUy 0'110 1997-2001 2002-2006 2007 -2011 2012-2016 Years of Maturity CON50LIDA TED OPERATING RE5UL T5 The Statement of Revenue" Expenditures and Changes in Unexpended Fund Balances presents our resulu of fmllncial operations. While the statement resembles an income statement used by private industry that measures profits or losses, it docs not hllve this purpose for government.. Instead. governments account for funds on a . now of current financial resources" bllsis, The statement's purpose is to account for the sources and uses of all funds whether for CUfTent operating or long-tenn capital purposes, It surrunarizes three financial operating components: Revenues, our source of funds; Expenditure.. our ilK of those funds; and Changes in Unexpended Fund Balances for the fiscal year. The change in the unexpended fund balance at the end of the statement IS a key link to the balance sheet lIS it displays the identical bAlance. The following discussion anlllyzes several components of our Statement of Revenues, Expenditures and Changes in Unexpended Fund Balllncel for the past fuclIl yenr in comparilon with the prior five years, (The Slalisllcal Secrion "f ,h, Comprehlrlslv, Annual Financial Report mobs Ihese and olh,r comparisons for rhe pOJr tIn y,ars.) I - 6 .....,---- I I I I I I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT Revenues of S286.5 million for 1996 increased by S44.6 million (18.4%) over 1995. Tax rtvenut:S of S 177.3 million continue as our largest single and mo"t stable revenue source consistently representing about 2/3 of our total annual revenues. Increases in property values, the establishment of L~e "Agricultural Privilege Ta..; for funding the Everglades Construction Project, and slight increases in the District's ad valorem tax rates account for property tax revenue increase; in recent years, Beginning in 1994. with the passage of the Everglades Forever Act, we restricted approximately $23 million per year in ad valorem taxes to fund the Everglades Construction Project (ECP), The Act also authorized a new non ad va.\orem "Agricultural Privilege Tax. for the ECP We collected this new tax ($13 million) for the first time in 1995, /ntergovemmental revenue increases primarily resulted from the following three sources: (I) increases in documentary stamp tax revenue to purchase land as part of our .Save Our Rivers. (SOR) program. (2) additional funds from the State's .Conservation and Recreation Lands (CARL) . .. " .... . . , '., I".. '. . I " 1 bG 3 Program." lInd (3) the State's Preservation 2000 Program to purchase land in the Frog Pond project area, Other revenue increases in 1992 to 1994 included $27 million in non-recurring wetland impact mitigation payment~ With taxable values knovm, th:: Budget Office is projecting total revenue of S405 million for 1997, an increase: of $1167 million over 1996, This lalgc revenue inc!ea~e primarily results from reasonably aSSlITed intergovemtr,cntal revenue which is dedicated 10 suppol1 the District's land acquisition program, In 1997 the District anticipates receiving $90 million of additional revenue from the Federal Farm Bilt, as well as additional revcnue from the US Department of thc Interior. and thc State's CARL program, Since the increased revenue is primarily associated with land acquisition, most of the increase will oc,:ur in capital funds, We estimate th.:: Everglades Construction Project to cost more than S7vO million over the next 20 ye:t.rs, Costs will be shared between the District, State and Federal govemments, and the agricultural community, MAJOR CONSOLIDATED REVENUE SOURCES S Millions Re,'enue Source 1991 1992 1993 lY94 1995 199& Property taxes S 117.2 51248 $125,8 S 1394 Sl587 SI77.3 66.4% 63,8% 6~,8% 67,5% 65,7% 61.9'1. Intergovernmental $45,1 $4\.2 544.9 $493 S62:2 S85,6 25.5% 21,0% 23.2% 23.9% 25,8% 29.90/. Interest SIO,2 $9.4 S8,8 $9 I SIC S16.7 5,8% 4,8% 4,6% 4.4% 5.80;. 5,8'1. Permits S1.8 $2,1 S2,8 S25 S4.9 S3,6 1.0% \.1% 1,4% 1.2% 2,0% 1.3'1. Other S2,3 S]81 $] L7 $63 S1.9 S3.3 L3% 9,3% 6,0% 30% 0.7% 1.1% Total S 176,6 51956 Sl9U S2066 S2419 S286.5 I I I 1 - 7 rVl' - - SOtITH FLORIDA WATER MANAGEMENT DISTRICT Expenditures of $280.9 million increased by nearly S80 million. or 39.8%, from 1995. The majority of this increase results from continuing capital investment of funds in Everglades restorntion~ primarily in the purchase of environmentally sensitive land and the initiation of detail construction design work in the Ec(\~stem Restoration area. The following chart compares Capitalllnd Capital Management expenditures l.S a significant variable in our total expenditures. In rccent years, they range from 25% to nearly 47% of -'IlJ'" --". __.a-. - 1 6G 3 total expenditures. Over $275 million is budgeted for capital and capital management in 1997, Everglades restoration remains one of our highest priorities. Completion of the Evcrg.lades Construction Project involves land acquisition. design. construction, and installation of scientific research and monitoring equipment. The current scope of the Project will result in total capital expenditures of over S600 million through 2005, Approximately 5657 million has been expended s~nce commencing the Project in 199.t, MAJOR CONSOLIDATED EXPENDITURE USES S Millions Expenditure Use 1991 1992 1993 1994 1995 1996 OperaUnr: It. Resonrce M>Ulacement: Ecosystem Restoration $6,9 $ 10.4 $16.7 - "Vater Resource Evaluation $15.5 $13.4 S16.7 $ J 3.8 S17,8 S16,9 -- - Operations and Maintenance $35,2 $388 S42.5 $43.1 $46.4 S51.2 Regulation $78 $B.4 $9.5 $10,1 $9,9 $7.9 Planning S13,1 S13,3 SIO.4 $9,3 SIO.1 S10.3 -- T echnicaVOutreach! Administrative $30.7 $29.1 $35,5 $38.5 S38,6 S46.5 Total Ope",Unc &. Resource Manacement S102.3 $103,0 S114,6 S12L7 S133,2 S149.5 % of Total 56,6% 60.3% 75.0% 63,0% 66.3% 53.2% Capital and Capital Manacement Construction & Land Management S12.2 $15,0 $177 $14.l $13.7 $15.4 Land Acquisition & Restoration S61.7 $482 $15,0 $52.9 $47.8 S112.8 Debt Service $4,6 $4,6 S5.6 $4.4 S6.3 S3.2 Tol21 Capll21 and C.pi~1 Man.cement $78,5 $67,8 $38,3 $71A $67,8 $ 131.4 % of Total 43.4% 39.7% 25,0% 370% 33.7% 46.8% Total Expenditure Uses $180,8 S1708 S152.9 $193, I S201.0 S280,9 % Change 31.9% (5,5%) (10.5%) 26.3% 4,1% 39.8% Budgetary Compliance Individual funds complied with their legal restrictions and resources werc expended within the budgetary appropriations of each fund. All departmental expenditures incurred for 1996 were within budgetary appropriations with the exception of personal services in scveral areas. The most significant variance occurred in Operations and M3inten3ncc resulting from the decision to conduct the Lake Kissimmee drawdo\m ....ith our internal work force versus the pl3nned contractual services. I - 8 ------ I I I I I I I I I I I I I I I I I I ; ':' .~:.> .:.'.~~.. ",;,. .' SOU11-i FLORIDA WATER MANAGEMENT DISTRICT 1 6G 3 SUMMARY FINANCIAL STATEMENTS SUMMARY BALANCE SHEET September 30, 1996 and 1995 ~--- I99S ASSETS CASH AND NEAR CASH ITEMS D.$h and lnv~ JUaivablcs, Net lnw30ries and Prepaid Expenses. al C4&t Total ea.h and Near Cash 1\emS $293.211_\69 S246,206,901 21.717.471 10.640.016 ---1..56~.629 _ 1.630,379 316.56-1,476 251.477,303 940.83 S.14 7 832,933.7J1 35.259,121 ~59,000 976,097.268 929.492.731 JJ.J2l.2llJ 44 J1 J11..m..O,H $33,626.991 $27.206.561 14.694.119 4,311,986 1.735,000 215,000 50.056,110 ----1.1.803.554 87.075,000 53.110.000 24.005,212 86.476.740 10.448.000 9.602,000 4.445.874 4.17J,997 125.974,086 154,062.7J7 77.943.360 72,378,756 11l2.11ll.23.$ 146,630.059 4.541.807 <4,116.197 264,603.401 223.195,012 152.028.147 77l,9Ol.73 I 1.116.63 U4 8 1.002.103,743 ~2.661.74.4 t J) . 1117.970 .till. OTIIT.R ASSETS Propeny. Pl.vc Uld Equipmcnl DeraTed Charges ToW 01.'><7 AJlICtS TOT AI.. ASSETS A V AllABLE UABIUTIFS AND EQUITY CURRENT UABIUTIES DUE FOR PAYMENT Aa:oonU Payaok and Accrued Expenses Deferred Revenue Curn:nt Portion of Long-Term Dcbt Total Curn:nt Liabilities Due For Payment LONG-TERM UADIUTIES Land Al:quwtion Bonds Payable. Net ofCurn:nt Portion Coodemnations Payable Vacation and Sick Leave Payable Long-Term Insurance Liability Total Long-Term Liabilities EQUITY. ASSETS IN EXCESS OF UABIUTIES Unexpended Funds Resa'wd For Opcnting ExpenditUl'eS Rexrvcd For Capital and Debt Service Unraervcd Funds Total Unexpended Funds Net I.nwsImcd ill Capital Assets TcUJ Aada in Execs of Liabilities TOT AI. UABIUTIES AND EQUITY SEE ACCOMPA.'lYING NOTES TO nlE Sl.,;'MMARY FINANCIAL ST A TEME:-'TS, I I - 9 "'1. SOlITH FLORIDA WATER MANAGEMENT DISTRICT 1 6G 3 SUMMARY STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN UNEXPENDED FUND BALANCES Yean Ended September 30, 1996 and 1995 1996 1995 -- REVENUE SOURCES TIJCa SI77.3 17,694 6 \.9% 6M% SI51.6ltl,961 Im~ 115.597.~19 29,~ 25.7% 62,.227.811 I~ 16.714,086 5.8% 5.9% 1'1.110,019 PC'UIih 3.652.4311 1.3 Of. 2.0% <1.116,91-1 0Iha 3.254,386 1.1% 0,1% 1,97l),277 TOT At JU:VJ:.', 'lIE SOUIl.CES _ 2116.546.093 IOO.~ ~ -1!],9.47.129 EXPD"OrrUR.E.$ FOR. SEll. VICES OPERATING A.'lD llESOU1l.CE MA1',^GEME:I.. ~~ 16.75-4.119 6.<>"'0 5.2% 10..cJ9~ W_~Evu-ion 16,911,361 6,0% 1.9% 17.776.16-4 ~_"'-~--"l~- 51.162.951 IS.~ 23.1% 46.366.036 ~~ 1.902.:m 2.r... .c,,",- ',,936.96-4 ......... 10,211.592 3," 5.0% IO.OU.061 o..ndo 11.177.155 42% 3.3% 06l.3' 5 .\4.l' , ....4 34.625.396 ..1.P' 15.9% 32.029.s 1 S T llL\Ia1 0p0nIirc ... a- J.lM..,.,......c Suvica 149~.973 ~, ~ 133,205,319 CAPITAL M"D CMtTAL ~AGOID.T C..- ~ _ x..-s ...-.- 15.412.129 5,5% 6.1% 13,700.3:l6 ~ Ouday 112.838.581 40,2% 23.1% 41.nO,264 Ode ~-ioo 3.172.~79 1.1% 3.1% 6.331,151 To&&I DopibImd c.pdaIt.t.u.r;antIJl Serviocs 131.423.189 46.8% ~ 67,80'2,421 TOTAL EXi'f.}.'DrTUJU:S FOR SERVlCES 280.928.162 100.0% 100.0% 201.007,140 CltAl"GES IN \.JlIlEXPDo'OEO FUND BALANCr.s REVENUES IN EXCESS OF EXPf.NOrruRES FOR SER\'CES 5,617,931 ~39,389 OTHER. fINANCING SOURCES (USES) ~ of Band bsuaoc:c 34.967.988 Prococeda oC~ Bonds 17,910,.233 Pa)'DlClll \0 Boad Ucrow AI;crf. (11,53.c.637) CapiuJ lcue 822.470 .. -- Toul Othc:f F'mancinC Sourca 35.790.458 375,596 Rcwnua and Olhcr F'1IWlCin1 Soutas In Elccea ofExpcnditura 41.408.389 4t,314,915 Fund BaIanca III the Bqpnnin& of the Year 223.19s'o 12 111.110.027 FUND BALANCES ^ T TIlE 0.'0 OF THE YEAR S~64.60MQL rn3. ttl.2il. SF.E ACCOMPANYING NOTES TO TIlE S\,,').IMARY FINANCIAL STATEMENTS. I - 10 -,..-.......-...- I I I I I I I I I I I I I I I I I I I : ~ ,l::..', ~ ;. . J, ,;,' . ':: " ' SotITH FLORIDA WATER MANAGEMENT DISTRICT 1 bG 3 SUMMARY STATEMENT OF CASH FLOWS AND CHANGES IN CASH AND INVESTMENTS Years Ended September 30,1996 and 1995 1996 1995 SOURCES OF CASH T oul RC'o'alUCS 1nause (Deacaae) ill Deferred Revenue Dea-c>>e (Incrc&K) in Rcuivablcs N~ J>rooc,(ds From Debt RcIuwr.ing Net ~ From Bond ~ Incr_ in C&pitall_ S286,546.093 ~41,947.129 10,312,133 (.,445,841 ) (11,147,462) 3.598.0311 J75~96 34.967,9gl( g22,470 321,SOI,22~_ 241..74,922 280.928.162 201.007.740 (6.420,423 ) (5,331......9) (64,750) 169,253 53.772 (~87.737) 274,496,7(, I 195.357.807 47,004.461 46.117,115 246.206,908 200.019,793 S293,211,369 S2 46.21>6,9011 TOTAL SOURCES OF CASH USES OF CASH Toul Expmditures (1ncrcuc) in AccountS Payable and Aco:rucd Expcmes 1nause (Dca'eaIe) ill InvcnlOf)' and Prepaid Expcnsa 1ncTuse (Decrease) in Proprietary Long- Tcnn Uabililics TOTAl. USES OF CASH CHA."lGES IN CASH AND INVESTMENTS Net Incnaac in C.a.v. and InvC$tmCntS Dsh and Invcstmcnla at &ginnin, of Year CASH AND INVESTMENTS AT END OF YEAR SEE ACCOMPANYING NOTES TO TIlE St;~IMARY FINA."lCIAL STA1l::ME!'\'TS, I - 11 -_......"_.~-,-- . ~-_......~---.,- - . - .__.,-'-~ - - --- ..,--.....- SOtrrH FLORIDA WATER MANAGEMENT DISTRICT SUMMARY STATEMENT OF CHANGES IN NET INVESTMENT IN CAPITAL ASSETS 1 6G 3 Yurs Ended Mptember 30, 1996 and 1995 1996 199~ INCREASES IN CAPITAL ASSETS l.and I'urc:llaaa Olbc:r c.pitaI Pwdwc:a and Ina-c._ TOTAL INCREA.'iES IN CAPITAL ASSETS S97,m.~31 _.J2!l80,032 11 0.20S.5~~ $042.112.566 12,810,134 55,693,.00 DECREASES IN C\PIT AL ASSETS Land s..Ja 8Ild !.'lanalians 0Ihcr Capital ~ TOTALDECiU:ASES IN CAPITAL ASSETS (112.945) (2.188,202) (2.301.147) <7'.'"> ($.726.049) (' ,80..1!!1) OTHER INCREASF.s (DECREASES) IN INVESTMENT 1n=uc due \0 RefllWlCing C.pital Debt ~ daw: \0 BMd !IlIuancc Inac:ax daw: \0 Jleduction in Principal 011 Capital Debt TOTAL O11lER INCREASES (DECREASES) IN INVESTMENT 210.000 (3',000.000) 21S,000 {34, 78' ,OOOJ J ,2",000 1,0465,000 NET INVESnffiNf IN CAPITAL ASSETS Net IDcRase Net IIt'o'ClWed II Bqiminc of Year NET INVES1MENT AT END OF YEAR 73.119.416 778,908.73 1 $852.028,147 .s 1.3:S6.31J 7:l7.5'2, HI sm.901. '!L SEE ACCOMPANYING NOTES TO THE SUMMARY n:-;A.-':CIAL STATD.1ENTS, I - 12 , ' " ., . . , . ,... . '. . '\' -,'.' , ..... '-~.' ~ .. .' . , tl ., . . .. . t ...... ~, . I ~ . ~ . I 'f '. I' j . IJ'. \ ;.>".~...q'.'~:','<;'/'. ,,' \..\.......-~:.:,~...~ '.';>.'~. ;:': >~:, :~.:,~ :',.:~ ~ ':',:':.l~ .,:: ~. ,..._,__~_<l 1V -~.,,,",----------- I I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO SUMl\1ARY FINANCIAL ST A TEt\1ENTS 1 6G 3 September 30, 1996 and 1995 NOTE 1; Signilicant Accountinll. Polici~ The District's accowlting policies conform to generally accepted accounting principles (GAAP) as prescribed by the Governmenl.al Accounting Standards Board with the exception of this presentation of summary financial statements, However, the Financial Section of the Comprehensive Annual Financial Report includes the General Purpose Financial Statements, which are presented in conformance with GAAP. For a more complete description of signilicant accounting policies and other disclosures required by Gt-AP. see the General Purpose Financial Statements. (a) ~~is of Pre,>entatioll Governmental fmancial reports are evolving to providc swnmllrized financial information to citizens and other users to supplement detailed reports, Thcse summary financial statements ftre prepared in Il fonnat similar to the consolidated fmancial statements of a private corporation. yet still dis.:lose the fund equity accountability, They present an aggregated financial position of the l>istrict, the total cost of program services and revenues, and eliminate duplications caused by interfund transactions, (b) Principles of Presentation In the absence of authoritative guidance on format and content, these swnmary financial statements differ from the fund level linancial statements as to: Elimination of interfund balances, revenues, expenditures and trao:;fers. This was done to avoid duplication of rcvenues, expenditures and transfers betwt.:cn funds. Con50Iidation and reclassification of fund balances and retained earnings according to their availability and appropriated or funded purpose, Elimination of general long-term debt to be provided as a reduction in the net in\'estmcnt of related assets, Establishment of deferred charges in an amount equal to the aecmed liabilities relating to compensated absences and other liabilities, (c) ~urement FocuslBasis of Aeeountinsz The District uses the flow of current financial resources measurement focus and the accrual basis of accounting. Revenues are recognized when earned and measurable, Expenditures are recognized at thc time liabilities are incurred. with the exception of debt service and compensated absences, .....hich are rccorded as expenditures when paid I I NOTE 2: Cllh. and Investments The District utilizes pooled cash accounting whereby excess monies are aggregated for investment purposes The carrying value and market value of cash and investments are: I 1996 12.21 I Book Carrying Value Bank or Market Value S 293,211.369 S 294,895.435 S 246.206.908 S 248.054,578 I I I I - 13 ---- smITH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO SUMMARY FINANCIAL STATEMENTS (Continued) 1 6G 3 September 30, 1996 and 1995 NOTE 3: Illiri~ Accounts Receivable consist of: ~ .l.22i $ 4.498.383 4.007,828 2 133805 S 10.649016 Intergovernmental Flori.1a Power & Light Co, Other S 14.74l,j44 4.000.000 3046.134 ~ 21.787 42]. ~~ Property Taxc$ The District is permitted by Florida Statutes to levy taxes up to 0,800 mills of taxable assessed valuation, A mill is equal to one dollar in tu;es for each one thousand dollars of taxable value. The rate levied for II. majority of the District for fiscal year 1996 was ,647 mills. or almost 65 cents per $1,000 of Ulxable Ylllu.e. Pre.perty taxes are levied each November I on the assessed value listed as of the prior January I for real and personal property located within the District. The assessed value at January I, 1995, upon which the fisul yen I ~% levy was ba.~d, was approximately $267 billion, NOTE 5: Property. Plnnt and Eayi.tuDs.m Property, plant and equipment are stated at histOrical cost and no depreciation is recorded in accordance with GAAP, The carrying vlllues arc: 1996 l222 Land Buildings Equipment Improvements Water Control Structures Land and Construction In Process S 411,926.970 35.124,397 73,688.279 10.013.353 409.252,548 832.600 $ 940838 147 S 314.936.784 30,990.376 67,449.823 8,417 ,331 404,661,770 6.477.647 S 832933.731 NOTE 6: ~d Revenues Deferred revenue primarily represents resources received and to be received from other governmental agencies and from Florida Power & Light Co,; Type of revenue Reason for Deferral 6.mount Intergovernmental Pending review by other agencies $ 10.485.119 Permits Pending settlement of permit contingencies. 4 .209.000 L14 694 119 I - 14 I I I I I I I I I I I I I I I I I I I --~---"._--,,' SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO SUMMARY FINANCIAL STATEMENTS (Conclnued) 1 6G 3 September 30,1996 and 1995 ll~ Loni-term LI~ Special Obligation Land Acquisition Bonds: Land Acquisition Bonds 1996 ~ Series 1993 Series 1995 Series 1996 S ~5.835,OOO 17.975,000 35000000 S 88.810,000 -1.1 ,735.00Q) i 87 075 OOQ S 36.050,000 17,975,000 Less Current Portion Net Long-term Bonds S 54,025,000 (21i.QQQ) L ~3 810.000 Special Obligation Land Acquisition Bonds are issued by the District to provide funds for thc acquisition of environmentally sensitive lands. Principal and interest on Series 1993, 1995 and 1996 Land Acquisition Bonds are secured by a lien on documentary stamp excise taxes collected statewide by the State of Florida Ind al1o~ated to the State's five water management districts through the Water Management Lands Trust Fund Annual debt service requitements (principal and interest) to amortize bonds outstanding approximate $7.1 million annually throug,h fiscal year 2016, Other Liabilities: The District is party to numerous lengthy condemnation proceedings (as plaintiff) and inverse condemnation proceedings (as defendant or co-dcfendant) regarding the taking of private lands for public use, The court may rule that there was no taking of land by the District resulting in no liability to the District \\'here a taking is ruled, the court determines the value of the land claimed by the owner and payment is made to the o...."T1er upon transfer of title to the District The estimated maximum future liability of S24 million for the purchase price of these lands, including interest and attorneys' fees is recorded as a long-ternl liabihty with an offsetting deferred charge to future years when the District will lev)' the necessary taxes, then budget and appropriate the added resources in the period in which the land value is determined and acquired. The cost of employee vacation and sick leave benefits (compensated absences) are budgeted and recorded as expenditures when payments are made to employees, However. the liability of S 1 0,3 mil1ion for all earned but Wlpaid vacation and sick pay is recorded as a long-term liabilit)' llnd the cost is not recognized as a current expenditure. but offset with a deferred charge to future years NOTE 8: Employee Retirement Ben~ The District participates in or sponsors several plans whIch provide benefits 10 employees after retirement. The District contributed funds to the roJlowing plans l222 1995 Federal Social Security System S 4,873.138 S 4,601.033 Florida Retirement System 11.659,668 11,065,733 Deferred Compensation Plan 255,28.\ 238.490 Postemployment Medical Plan 199.5~ 93881 $ 16,9R7 628 ~ 15999.137 I - 15 " :'~ :' , . ,', '.' ", :. '.' . .,' ~ '.' " .,'. "",,, ,I SOUTI-t FLORIDA WATER MANAGEMENT DISTRICT IIISTORlCAL AND CURRENT SETTING Although the District h.lS only existed since passage of the Water Resources Act in 1972. the agency's history began in 1949. Since then, our responsibilities, mission .nd boundaries expanded signilictlntly. CREATION OF THE DISTRICT In 1948. the U.S. Congress adopted legislation to create the Central and Southern Florida Flood Control Project. The Project's primary gools were to harness the subtropical extremes of devastating hurricanes, extreme flooding and excessive drought In a~djtion, the Project was to serve the needs of the region's growing agricultural industry and urban populations and to protect Ilnd manage water reS<lurces. In 1949, the Florida Legislature created the Central and Southern Florida Flood Control District (FCD) to serve as 10000I sponsor of the federally authorized flood control project. For 20 years, the U,S, Army Corps of Engineers aDd FCD efforts concentrated on building. maintaining. and operating the massive flood control s)'stem in central and southern Florida. The result is a vast network of levees. canals, improved waterways, and water storage areas, pumping stations and gated water control su'UCtures to help manage the region's extreme weather conditions, The FCD acted as the Project's local sponsor by operating and maintaining the water control network with funding provided from property taxes levied within the District's boundaries, The Flood Control District was charged with 1) providing flood and water supply protection and 2) preserving fish and wildlife. The District consisted of a series of canals, levees, water storage areas, pumping stations and gated water control structures. 1 6G 3 Then in 1972, the Florida Legislature passed the Water Resources Act that launched a significant change to managing the State's water rellOurces. The: Act divided the State mto five regional water management districts that placed an emphasis on water quality and environmental protection initiatives. This initiative significantly expanded the responsibilities of the FCD that became one of the water management districts. However, we continue to operate more than 200 wllter control structures along almost 2,000 miles of canals. In 1976, the FCD was renamed the South Florida Water Management District as one of the five special taxing dilltriets crealed to ulanage wlIter resources in Florida, New responiibilities IJxI boundaries were dra\\ll UlAt encompass the: region's primar)' watersheds, The District is now a multi- faceted agency responsible for such water resource matters as flood control. water supply protection. and ecosystem restoration and management. GOVERNANCE AND MANAGEMENT The Go\'cming Board consists of nine members appointed by the Governor and confirmed by the Florida Senate, They are appoinled on a staggered basis IS vacancies occur from specific geographic areas, Board members generally serve a four-year term .....ithout salary, The Board elects its own chair and vice-chair. The Executive Dircctor is appointed by the Governing Board and confirmed by the Florida Senate. The Executive Director anJ the Deputy Executive Director are responsible for administering Governing Board policy and directives. I - 16 ';.'~: "'." ,,,,,~.;.,., 1 ~ " ,','"..:\ j',:' ,::.",,:", . '.' \. ..': - I I I I I I I I I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT BOUNDARIES AND LOCATIONS Water management district boundaries follow natural hydrogeological basins rather than political county boundaric:s to foster more effective and efficient planning and mana Bement. The District's boundaries encompass all or part (.) of the following 16 of the SllIte's 67 counties. Browl1rd Cbarlotte(.) Collier Dade Glades Hendry Highlands(.) Lee Martin Monroe Orange(.) Osceola(.) Okeechobee(.) Palm Beach Polk(.) St. Lucie This covers a total area of 17.930 square miles Teacbing from the centrally located city of Orlando to the: southernmost Florida city of Key West, Most of the District's 5.7 million residents live in southeast Florida. Over 75% of tho!;C residents live in just three cOllnties~ Dade. Broward. llnd Palm Beach. The Florida Water Resources Act divided the District into two separate taxing districts or basins: Ok.eecbobee Basin that covers the sprawling Kissimmce-Okeechobee-Everglades ecosystem stretching from our northern boundaries through the Chain of Lakes to Lake Okeechobee and south to the tip of the Florida Keys. It includes the 700,OOO-acre Everglades Agricultural AIea, the heavily developed southeast coast, and Everglades National Park, Big Cypress n.sin that includes all of Collier County and part of Monroe County, the Big Cypress National Preserve and the 10,000 Islands in the southwestern part of the State, Main Omces are in West Palm Beach. In addition. we maintain field stations, service centers. and area stations distributed throughout the District. Field Sbcions house staffs who carry out the operations and maintenance responsibilities of the Central and Southern Florida Flood Control System, Clewiston Ft. Lauderdale Homestead Kissimmee Miami Naples Okeechobee West Palm Beach 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ,..~ .,- - Key ~ Scn'ice Ccntcr5 are conveniently distributed primarily to bring pennilting and local government liaison activities closer to the served population, Big Pine Key Ft. Lauderdale Ft. Myers Miami Naples Okeechobee Orlando Stuart Area Staclons hou.'IC specific remote functions such as field engineering, data management. water quality monitoring, and land management. Dupuis Reserve Ft. Pierce Okeechobee West Palm Beach I - 17 SOt.JTI-t FLORIDA WATER MANAGEMENT DISTRICT REVIEW OF THE REGIONAL ECONOMIC CONDITION AND OUTLOOK Recognizing the social, economic and environmental needs of Ihe region, the South Florida Water Management District will remain steadfast in its commitment to manage nnd preserve our watcr resourcC$ in a sustainable manner for today and for future generations. About two-thirds of our financial resources come from a growing tax ba~ that follows population growth, new construction and property values. Soutllellst Florida has an interdependent economy generating one-third of the $338 billion gross state product. 1 6G 3 POPULATION TRE.NDS Stllte population growth over the next ten yean is expected to average 2% annually. This rate (If growth will outpace other large states, but is less than Florida's growth rate of the 1980s, This projected growth compares to the annual increases over the previous ten years that ranged from 0.79% 10 3,30% for the District as a whole, About 400/_ of the stlltc's population lives within our boundaries. Currently exceeding 5.7 million, it is projected to increase by 100,000 annually during the 1990s. Palm Beach County, site of our main offices, is cne of the ('astest growing areas in the nation. SE.LECTED DISTRICT ECONOMIC TRE~'DS 1991 1992 1993 199~ 1995 1996 Population: Total Nu..-nber in District 5.294,283 5,376,153 5,4 18,827 5,532.591 5,638,922 5.739,501 Annual Increase % 2.09% 1.55% 0.79% 2,10% 1.920/0 1.780/0 Assessed Valustion: Tnable Property (SBillions) S225.2 $239.7 $240.5 $24 1.7 $255.7 S267.5 Annual % Increase 9.51% 6.44% 0,35% 0.49% 5.77%. 4.630/_ District Tax Ren:nue: Taxes ($ Millions) S117.2 $124,8 $125.8 $1394 $158,7 $177.3 Annual % L'1crease 9.34% 6.48% 0.80% 10.81% 13,85% 11.72% ECONOMIC ANALYSIS The growth of new construction resulting from popullltion and business growth has a direct and major effect on District revenues as property taxes represent two-thirds of our revenues. Reassessments of existing property following Hurricane Andrew and interest rate increases resulted in the sma)) annual assessment increases in 1993 and 1994, Since then, both new construction and existing property values are steadily increasing. The initial assessed valuation for 1997 is approximately $281 billion representing a 5% increase over 1996. We are projecting a conservative 3% average annual growth rate in the District's taxable assessed values over the next ten years. The passage of the North American Free Trade Agreement (NAIT A} has showed moderate growth in Florida's international trade. As NAFTA is expanded to include additional countries in this hemisphere, south Fiorida's excellent port facilities. ideal geographic location, and Hispanic ties arc expected to assure added grO\\1h to our region for many years to come, Unemployment rates for 1996 within the District's boundaries, while level with 1995 at an average of 7.2% is lower than the recent historical high level of 8,6% in 1991. The current rate remains consistently higher than 1996 unemployment rates statewide (5.6%) and nationally (5.2-/.), Most unemployment is concentrlSted in the District's centrlll counties surrounding Lake Okeechobee, I - 18 'I".,...,__--"~----1IIilf I I I I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT MISSION AND MAJOR INITIA TIVES MISSION Although nood contml is still a primary concern, the District operation:; are evolving to address South Florida's changing water resource needs, Recog,'lizing that water resource issue!; must be managed from a broader perspective, the District's mission is to manage water and related resources for the benefit of the public in keeping with the needs of the region. Key elemer:ts of our mission are: Flood Protection, Water Supply Planning and Management, Water Quality Protection, and Environmental Protection and Enhancem~nt The major initiatives, both current !lnd future, address the four key elements of our mission, FLOOD PROTECTION While the District programs are interrelated, the direct operations and maintenance of the flood control system accounts for about one-third of the District's operating expenditures excluding capital projects, The major emphasis is the continued operation and maintenance of the Central and Southern Florida (C&SF) Flood Control System-a massive drainage project built by the Corps of Engineers (CaE) in the 1950s, 1960s, and 1970s, I C&:SF Restudy . The District and the COE are reexamining the Central and Southern Florida Flood Control Project to evaluate structural and operational changes to the system to restore the ecological integrity of the Kissimmee, Okeechobee, Everglades, and Florida Bay ecosystems while continuing to provide nood protection and water supply for the region. I Perhaps the most significant restoration objective of the project review is to reestablish more natural hydrologic patterns throughout the remaining Everglades system, This action will require retention aod supply of more water than is currently directed into the natural system. Through its system-wide approach, the project review is I I I 1 6G 3 committed not only to maintaining the existing water supply for urban and agricultural users, but to impro\'ing their water supply. The project review considers the human population as an integral part of the ecosystem. In planning for water resource projects. the COE uses a two-phased approach: a reconnaissance phase and a feasibIlity phast. The reconnaiss:1nce phase was conducted at full Federal expense. The feasibility phase is projected to cost nearly $20 million over a period of four years. As 10c.!1 sponsor, the District must pay 50% of the study costs during the feasibility phase ($2.2 millIon in 1997), one-half in the fonn of in-kind services and one-half in cash, Outsource MOll'ing . The District maintains and mows levees and rig.hts-of-way along 1,800 linear miles of primary canals. The maintenance of these levees and rights-of-way is critical to the effective operation of the C&SF nood control project. In continuing effort to increase efficiency. we find it is more cost effective to establish contractual services for mowing rather than to do the job in-house, FY 1996 represented the second fuB year of this large-scale outsourcing and private contractors now conduct about 60% of the required flat mowing. Exotic Plant Control - Melaleuca is an Australian tree first planted in South Florida in the early 1900s with the aim of dl)'ing up swamp lands for use in development. In the late 1930s, the COE planted melaleuca along the rim canal and le\'ee surrounding Lake Okeechobee, Since its introduction, mcJaleuca has spread into nlmost every native ecosystem, It has no natural enemies in South Florida. It grows and reproduces quickly. If left unchecked, melaleuca threatens to seriously degrade many unique public lands and natural areas in South Florida. In late 1990, the District began its melaleucll control program in Water Conservation 3B. Currently. our program expends approximately $2 million annually in the Water Conservation Areas and Lake Okeechcbee to continue this eradication progrnm, I - 19 SotITH FLORIDA WATER MANAGEMENT DISTRICT Aqulltic P1.lInt Control. The exotic aquatic weed hydrilla is a substantial problem in the lakes and canals north of Lake Okeechobee, The District has been treating hydrilla for years, but it has grown more pervasive over the last few years, becoming perhaps the most llllked about aquatic plant issue within the State. In another eradica.tion effort, the north channel leading to Lake Kissimmee was closed to navigation and water now to slowly drain the 3S,OOO-acre lake to half its normal size We then remov.:d muck and other material from the exposed lake bol'.om and along the lake rim. Over 300,000 cubic yards of noating aquatic vegetation covering 191 ac,res at the south end of Lake Kissimmee were removed. This projc:ct represented a cooperative effort of the District, the Florida Game and Freshwater Fish Commission. the Florida DEP, the COE, Osceola County, the State Department of Transportation, and other local government entities WATER SUPPLY PLANNING A!'I'D MANAGEMENT Wllur Supply Puns - The District is in the process of preparing three regional water supply pla.ns: 1) Lower East Coo.ft, 2) Upper East Coast, and 3) Kissimmee Basin. These regional plans address water supply issues from a broa.der ecosystem approach and attempt to quantify demand and supply issues through surface water modeling, detailed design workshops, and three-dimensional groundwater model simulations and assessments. We completed a Lower West Coast regional water supply plan in 1994 which is presently being carried out. The Lower and Upper East Coast plans were completed in 1996. The Kissimmee Basin plan is scheduled for completion during the fourth quarter of 1997, These plans should develop solutions to water supply problems, including the provision for minimum nows and levels of water for the South Florida environment and for the needs of its urban and agricultural areas, This process will examine alternatives for operations, physical facilities, water conservation, and consumptive-use permitting, "D___._ - 1 6G 3 Well Drilling / Water Monitoring - The District also supports the water supply planning eff"rt through iL~ well drilling program and groundwater and surface water monitoring networks. We use the water quality and aquifer hydraulic data to support development of a regional groundwater flow model and to assess Aquifer Storage and Recovery (ASR) and Reverse Osmosis (RO) technology potentia I In 1996, we began partially taking over op(:ration and maintenance of the District-wide groundwater level monitoring network, presently operated by the United States GeologIcal Survey (USGS), Local GOl'ernmenl Assistance ~ The Distri<:t's ;:>artnership program with local governments provides them financial and technical assistance for water-resource related stormwater and water conservation projects We funded a total of 20 local cost-share partnership projects totaling S~,S million in \ 996 and budgeted $5,7 million for this financial assistance program in 1997, East Coast Bufft!r - Over the past few years, several ideas proposed ways to improve water supply in the lower east coast region while protecting the natural environment An innovative solution is to construct a buffer separating the natural ecosystem from the damaging effects associated WIth the eastern urbanized areas, As presently proposed, the East Coast Buffer mcludes 67,000 acres of land in Palm Beach, Broward, and Dade counties. This plan essentially separates many areas of the Everglades from agricultural and urban development dong the east coast The buffer system will capture and store water and reduce se~page from the eastern edge of the Water Conservation Areas, The anticipated result is for less fresh water to flow into the ocean and more to flow to the Everglades and the Floridian aquifer to recharge coastal wellfields, The total cost to acquire land for the East Coast Buffer could rench $1 billion. We do not need to own all the land to obtain the benefits. Thus, we are seeking partnerships with many sources including local, Slate~ and Federal governments. and the development community, The 1995 ",ara preserve Bill distributed 10% of the 1996 P2000 bond proceeds ($27 million) to the District to begm buying land for an Everglades buffer. In 1996, the Federal government appropriated up to $200 million toward thIS and other Everglades restoration efforts, I - 20 ~----- -- "....,- --- I I I I I I I I I I I I I I I I SOtITH FLORIDA WATER MANAGEMENT DISTRICT WATER QUALITY PROTECTION State legislation enables the District to use its regulatory authority to help achieve our resource protection goals, Our regulatory programs address Environmental Resour,:e Permitting. Regulatory efforts ensure that land development projects do not cause adverse environmental. water quality, or water quantity impacts. In turn, compliance action may prove necessary when permit requirements arc not met. District staff reviews applications for surface water management and storng.e for their engineering soundness llnd effect on stcrmwater quality and the envIronment. Regulatory efforts address issues associated with consumptive use withdrawals from surface and groundwater. Staff memb~rs also evaluate the watcr quantity, W:lter quality, and environmental impacts \If such withdrawals. To obtain a conswnptive use permit, applicants must identify the supply source and ensure there will be no impact on adjacent water users and natural areas ENVIRONMENTAL PROTECTION AND ENHANCEMENT This element of our mission involves major projects from the most northern reaches to the southern tip of the District's b<~undaries. They involve the headwaters for rolJch of the water supply system of south Florida that originates southwest of Orlando near Disney World and flows south to the Florida Keys, The following sections describe the progress and future for projects addressing the protection and restoration and enhancement of the following water bodies: Kissimmee River. . Evcrglades. Lake Okeechobee Florida Bay, Kissimmu River Restoration - The goal of this project is to restore the ecological integrity of the Kissimmee River ecosystem similar to the historical system. I In response to catastrophic flooding, the 103-mile Kissimmee River was channelized in the 1960s into a 56-mile canal. This drastically altered river habitats when 43,000 acres of wetlands were adversely impacted. Since that time, State and Federal research is attempting to find the best WilY to reverse the damage and restore the river and floodplain ecosystem while still continuing to provide the same level of flood protection. I I 1 6G 3 The resulting project is a joint cooperative venture between the District and the Corps of Engineers (COE). It involves acquiring land and backfilling 22 miles of the channelized river over 15 years. This will reestablish natural flow and restore approximately 26,500 acres of wetlands, Cost estimates range from $350 to $400 million (in 1992 dollars), The CaE and the District agreed to a 50/50 cost-share plan. The District will meet approximately 85% of its share of the project cost through land acquisiti~)n funded by the Save Our Rlv,=rs IInd PreservatIOn 2000 programs. We plan to fulfill the balallce (approximately $30 million) through a cash contnbution and/or in-kind services. Recently, the District launched a new initiative to evaluate possible environmental enhancements to Ihe remaining upper basin lakes, pi imllrily through modifications in lake management. During 1996. we began preparint; a plan for the Upper Kissimmee Chain of Lakes. The plan - in cooperation with 10,31 governments and other agencies - is designed to preserve the natural 110ws and water quality of the lakes in the Upper Kissimmee region, Lake Okuchobee Restoration - Lake Okcechobee restoration efforts focus on reversing the harmful trends caused by three human impacts: I) excessive nutrient loading to the lake from agricultural activities; 2) the spread of exotic plants in the lake's linoral zone; and 3) ecosystem stress caused by unnatural lake stage regulation. Restoration efforts will also focus on enhancing the flow of water southward to the Florida Everglades and reducing the flow of water to the east and west coast estuaries. The State Department of Environmental Protection (DE?) undertook major efforts to reduce phosphorus loads from the dairy industry. However, some problem sites remain where total phosphorus concentrations in runoff water remain high, To address these issues, the District and the DE? initiated an independent technical evaluation of those sites, with the goal of identifying sources of phosphorus and cleanup options, 1 - 21 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Past studies revenled that in spite of several troubling findings, the lake is not near ecological collapse. Studies also showed that the l:11:e functions not as one homogencous ecosystem, but as a series of five distinct ecological zones that respond differently to management activities. Program costs associated with Lake Okeechobee ecosystem restoration through the next several yeau will be for research, monitoring, feasibility studies, and model development. In 1996, Lake Okeechobee research and monitoring included: In-lake projects to quantify trends in general eco~'Ystem health. Development of predictive models of the lake ecoS'ystem. Controlled experiments to establish cause and effect relationships. Measurement and quantifieation of the lake's ecological processes. Beef cattle Best Management Practices (EM:?) research. Estuary and water~hed modeling, EI.uglades Restoration - The Everglades Forever Act of 1994 set into action a plan for restoring a major portion of the remaining two-million acres in the Everglades ecosystem and for improving freshwater flows to Florida Bay. It involves a program of construction projects, research, and regulation, The Act calls on Slate and Federal agencies to coordinate their Everglades restoration efforts. Most of the work is the responsibility of the District, which is taking the lead role in the Act's achievement However, the Florida Department of Environmental Protection (DEP) is extensively involved in the program nnd is jointly responsible for more than half of the projects, The District and DE? developed project manngement plans for each of 55 projects identified within the eight major elements composing the entire Everglades Program, The U.S. Army Corps of Engineers is also a contributor and participant. The cornerstone of the Act is the acquisition and construction of about 45,200 acres of constructed wetlands (filter marshes) identified in the legislation as "Stormwatcr Treatment Areas" (ST As), We will construct six strategically placed ST As between the Everglades and the agricultural fields, These 5T As will reduce phosphorus and other nutrients in agricultural stormwater runoff before discharging into the ecosystem, The ST As will act in L6.G 3 combination with on-farm Best Management Practices (BMPs) to begin reducing nutrients to levels that will not harm the Everglades. TIus portion of the Act is kno....n AS the "Everglades Construction Project" (ECP) and will work with other Everglades Program clements to pro\'idc a sound basis for the State's long-term Everglades restoration objectives The ECP will continue through 2005 with costs shared between the District, state and federal governments, and the agricultural community. The Everglades Program will further develop and carry out comprehensive and innovative solutions to issues of water quality, water quantity, the invasion of exotic species, and ecosystem restoration. Some specific goals of tbe Program are to: . Conduct research and monitoring proj~ets to quantify the water quality, water quantity. IInd ecological needs of the Everglades. " Use sound research and engineering d3ta to design, construct, lInd set up systems and structures to optimize the timing, distribution, and water quality delivered to the Everglades. Use research and monitoring data to develop and implement a set of requirements that will ensure long-term restoration of the Everglades. . Implement a coordinat~d effort between State and Federal agencies to control exotic species within the Everglades ecosystem. The five major goals of the research and monitoring element of the Everglades Program arc: . To describe existing water quality in the Everglades Protection Area (EP A) and its tributary waters and identify problem areas. . To optimize the design and operation of ST As and identify sup.:rior technologies, " To increase effectiv<:'ness of BMPs and ST As. . To establish phosphorus criterion for the EPA. . To determine the hydrological and ecological needs of the Everglades. The Everglades Forever Act mandates continuation of the Everglades regulation program alld . expanding responsibilities and mandating the performance of new tasks, While restoration of the I - 22 l_....-.__....'l I I I I I I I I I I I SOum: FLORIDA WATER MANAGEMENT DISTRICT Everglades involves several individual programs with various objectives, the Act recognizes that the cornerstone to improvement in the long-term ecological health of the Everglades is dependent on a strong and effective regulatory permitting program. The general goal of the Everglades regulatory program deveioped for the Everglades Agricultural Area (EAA) is to reduce total phosphorus from this area by 25% annually. The primary components include on farm Best Management Practices (BMPs) and an approved water quality monitoring plan to accurately measure total phosphorus loads discharged from each farm, Fw,itJtI BilY ReSloriUion. Florida B!lY is Il shallow subtropical estuary. approxim!ltely 1,000 square miles in size at the southern end of the Florida peninsula. This estuary has shown signs of stress in recent years, experiencing large seagrass and sponge die-offs, and !llgae bloom across pans of the bay, Theories on th,e causes of these problems revolve around the timing, distribution, and flow of fresh watr.r. Resolution of the problems experienced in Florida Bay is tied to restoration of the Kissimmee River, cleanup of waters entering Lake Okeechobee, and the quality and quantity of waters entering the Everglades system. The Florida Bay restomtion program will fmd out the extent of ecological changes in the bay and the causes for these changes, I Florida Bay restoration goals are to: I . Deline the character of the unimpaired ecosystem and changes because of human activities, I . Learn causes of this change, distinguishing natural causes of change from human induced causes of change, and including the effects of past water management actions, I . Gain the ability to predict the ecological consequences of alternate management actions, I . Deline a set of realistic ecological endpoints for environmental managers to target. I . Carry out actions to effectively and efficiently reach these endpoints. I The combination or monitoring, research, and modeling is central to the Bay restoration, The I I ., \ ~': ' ' 1 6G 3 District established a series of Florida Bay restoration initiatives, with the Corps of Engineers (COE) and the Everglades National Park, to increase the quantity and quality of freshwater flows to Florida Bay. In 1996, we accompliUled three milestones: . Completed analysis of corals to estimate hi.toricn! salinity ranges. . Completcd development of an experimental mesocosm facility, . Initiated construction of the C-lll Project. Acquiring land in south Dade County in several different SOR projects will help reestablish the quality, quantity, and timing of water nowing south into Florida Bay. Acquisition of cenain lands are eligible for a 50% reimbursement from the State's Conservation lmd Recreation Lands Trust Fund, up to $25 million. In addition, the U.S. Congress approved an appropriation through the Departmeot of Interior of $9.8 million. The COE plans to begin project construction in November 1999, I - 23 SOUTH FLORIDA WATER MANAGEMENT DISTRICT INTERNAL CONTROLS Management acknowledges its responsibility for sound administration of our financial resources. This respotUibility begins with over Principles of Financial Management. In turn, we have budget. accounting and auditing controls in place, The following paragraphs bricny describe the activities in place to carry out this responsibility. PRINCIPLES OF FINANCIAL MANAGEMENT Our Governing BOlI.rd established sixteen guiding Principles of Financial Management that renect the corc beliefs of how we do business. One of the principles says that we will maintain accountability and prudently use financial resources. As an integral part of our goal of fiscal accountability. wc currcntly provide u.~ful, timely. and accurate financial information for reporting, analysis and decision-making. ACCOlmtability requires presentatit>u of relevant infonnation in a way that attracts attention, retains interest, and is understandable to the citizenry. The objective of this report is to communicate as clearly as possible our operating results and financial position. BUDGET ADOPTION AND CONTROLS The Truth-in Millage (TRIM) Act enacted by State legislation requires disclosures of information regarding tax millage and budget adoption, Each year, following the required disclosures and the conducting of hearings for taxpayer comment. the Governing Board sets the tax rates and adopts a budget for all funds except Agency Funds, Controls arc in place to assure that expenditures do not exceed departmental appropriations for each budgeted fund. We use encumbrance accounting to reserve budgeted appropriations for obligations incurred but not received, ACCOUNTING CONTROLS Management is responsible for maintaining an internal control structure designed to assure that District assets are protected from loss. theft, or misuse. The concept of reasonable assurance recognizes that the cost of a control should not exceed the expected bcnefits~ and the evaluation of costs and benefits requires management's estimates, The Governing Board and management have a plan of organization and policies in plllce to safeguard 1 6G 3 assets. validate the reliability of accounting data. promote operational efficiency. and encourage adherence to prescribed managerial policies and procedures, We believe tbese existing internal accounting controls adequately safeguard assets and provide reasonable, but not absolute, 1S3UTlU\Ce of proper recording lInd reporting of our finanees, AUDIT CONTROLS The Audit Commitlu of the Governing BOArd lIssists the Board in fulfilling the District's fiduciuy and statutory responsibilities. The Audit Commlllce oversecs the internal and external audit functions, The Direclor of Management Sen.'ices and the Distrlct'~ General Counsel are exo()fficio members who assist the Committee in its performancc of responsibilities regarding District governance. financial reporting, and in~rnal controls, The intunal audil function is carried out by the District's Inspector General. who is hired by the Govcrning Board, This Office regularly cond\.\Cts efficiency, effectiveness and economy audits of District operations lIccording to an annual plan approvcd by the Audit Committee. The .udit staff reviews compliance with policies. procedures and controls by e....luating the extent of compliance with established policics. plans and procedures, An u:urnallludil of cur aMual financial statements undertaken by a firm of independent certified public accountants is required by Florid3 Statutes, The objective of this .udit is to express an opinion that the District's rmancial statements arc fairly presented in conformance with generally accepted accounted pnnciples rather than to express an opinion on our financial position, This year's audit resulted in an unqualified opinion .. the best possible result of the audit process - and is included in the Financial Section of this Report. A Mllnllgement Letter from the independent auditors pro...ides recommendations to the Audit Committee to strengthen And improve internal controls and accounting procedures, A Single Audit of Federal grant programs administered by the District is also undertaken by the independent auditors under the provisions of the Federal Single Audit Act of 1984. Information t related to the Single Audit. including the .uditor's opinion, is i~ued as a sepamte report. I - 24 -----~,.._". I SOUTH FLORIDA WATER MANAGEMENT DISTRICT I AWARDS I During 1993, the District became the first, and currently the only, governmental unit to have received all four types of financial awards given by the Government Finance Officers Association of the United States and Canada (GFOA). While these awards do not judge tl:e District's financial position, they do renect our demonstrated excellence in financial reporting, budget presentation and fmancial management. I I I CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REfORTLNG I The GFOA awarded a Certificate of Achievement for Excellence in Financial Reporting to the District for its first Comprehensive Annual Financial Report (CAFR) for the fiscal year ended Scptember 30, 1990. We have received consecutive awards since that date. A copy of the most recent Certificate is shown on page 1-28. I I The Certificate of Achievement is a prestigious national award recognizing confonnance with the highest standards for preparation of state and local government Cmancial reports, In ordcr receive a Certificate of Achievement, 0 governmental unit must publish an easily readable and efficiently organized comprehensive annual financial report. The report's contents must conform to generally accepted accounting principles and program standards, I I I We believe this current Comprehensive Annual Financial Report continues to meet the Certificate of Achievement's requirements. We are submitting it to lhe GFOA to learn if it continues to meet the criteria for another award. I I DISTINGUISHED BUDGET PRESENT A TION AWARD I The District rec(:ived the Distinguished Budget Presentation Award from the GFOA upon our first submission of iL'I annual budget document prepared for the fiscal year ending September 30, 1990. We have also received consecutive annual awards since that date, I I To receive this award, governments must publish a budget document that meets program criteria as a policy document, as an operational guide, as a financial plan, and as a communications device, In addition, the budget submitted for the fiscal year I I 1 6G 3 ended September 30. 1996, was judged as -An Outstanding Policy Document- for that year. AWARD FOR OUTSTANDING ACHIEVEMENT IN POPULAR ANNUAL FINANCIAL REPORTING The District first received GFOA's Award for Outs:anding Achievement in Popular Annual Financial Reporting for our Annual Report for 1991. This award program is new and the District is one of only a few governmental units in lhe United States and Canada to receive the award in Its initial years. The Annual Report is designed to supplement the Comprehensive Annual Financial Report to make the infonnation more readily accessible and readable to the public To be eligible for this award, a governmental unit must have received the GFOA's Certificate for Excellence in Financial Reporting for the most recent fiscal year. In turn, to receive this award, the Annual Report must meet the characteristics of reader appeal. understandability. distribution, innovation and usefulness, AWARD FOR EXCELLENCE IN FINANCIAL MANAGEMENT The Award for Excellence in Financial Management was presented to the District by the GFOA in 1992 for the innovative financing of the District's on-site r.hild day care center. The center, which can accommodate 125 children, opened in 1991 at the District's West Palm Beach main office location, A CKNO~VLEDGEMENTS We extend our sincere appreciation to the Governing Board, Executive Office and the many District employees who provided countless hours of research and preparation in the development of this report. Special thanks to the employees of the Accounting and Financial Services Division for their diligence in the year-end closing process and production of this report, I - 25 -\":,',,,~::~ ,;,,'~.:.'>. :'.,:' ,::"',' ;,~ ',<: "'.,'",,' ';',<:<:':. :\ >>. \ ',~".:';.>,,:,I>/,,>.~' SOUTII FLORIDA WATER MANAGEMENT DISTRICT 1 6G 3 ORGANIZATION CHART - LIST OF PRINCIPAL OFFICIALS - Electorate - 1 GOVERNOR Lawton Chilp.s Florida , I 1 GOVERNING BOARD BIG CYPRESS BASIN BOARD ,.... V alen~ lloyd. CNU"'." Ex Qffiao :lLfford ~. Oaud.o o.venporl c;..,."y Garland Elhn Gac-tz .....,.,...,., A,Gl~~,S',:"'" 'd. R.dwd Machelc F...Nt w.lhlVT'OOf\ J r" V,,,, Ow",., MnNnS,"i:'" EI.l&"""1<. P.ttl, Nah...d p, R...d \'aJ"",.Il.:",d. Ooumw.n W,lham E. C..n.r,\ W,lham !-\amTc>nd Boby ICr.nt E uti D' ct ,{omce of Inspector GenenII xec ve Ire or : ............., /1Uptctor Gmmtl Samuel E. Poole ill : Allen VaM. -~ omce of Counsel Carra! Co\msI!l Barbara Mar\J\am omce of Government & Public Mairs Direct'" Kathy Copeland I--- omce of Enterprtse EnslnKring Director Trevor Campbell Budget & Procurement omce Director JC6eph M Moore Su pp1\<er l:llvtnlty omc:e Director Carolyn Williams ._~ SERVICE CENTERS Ilie Pbw K~ OrL.odo J"" 5,,",11. Dttrno, 8iII 5~ Dir<<\D, fart Myon ~ t.<i. 0.1' ..._. Drro<ro, PnJ .\f1lloT. Dvu1o' Mi.uN --.I IwI;, Flft...L Dun"1O' 1"" .K.nw.. Drro<tor o~_"""'" )0'" Mo...,., DitrcIor Deputy Executive Director Michael C. Slayton I' I I I I I I BIg cypress ~"ll RagutOlllon wacw~ ~ 0pen0lI<<a .. M .........,c ConsaNction .. Openotions Dir<<\D, Dir<<\D, Evalu.IIon Rntonotlon Mai......... s.vlcas lMd .._...., ..It t\AnnrlL"""loI' o.n c.y Tom. a..... Oim:lor Drro<"', 0vKt0r 0-- 0tm:I0r a.."'U"C~ TeN"! DqNty Dir<<\D. DqNty Drm:1or Lah. Woddori>wn AI.. H.n lcoop" xt-prt 1..",." O. YIlC"l' w.u-nr.w..... o..n Powell Ken A:r<non DqNty 0-.0, Drpuy Dinct>r DqNty om..... DqNty Oftnor, Uno! Shoton Troot 1__ Hall E. lWTOtl Alwood. Sr, 0....:1< R>noIda DqNryDim:"" lNJ..ry Dim10r DqNry 0....- V,ctor P..-l1 s..ndnoc, T~I u..-..cr- Albc1 BoNIlD I - 26 I I I I I I I I I I I I I I I I I I I ---...-------.-.-- .- soirrH FLORIDA WATER MANAOE?vffiNT DISTRICT 1 bG 3 FINANCE STAFF Finance Director E. Barrett Atwood, Sr. Division Directors Stephen Grabe Robert Gray Edwin J, Hill, Jr. Treasury Management Accounting and Financial Services Systems Integration Accountine: and Financial Services Staff Joy Baker Phyllis Baker Joan Bartley Betly Brannock Mary Lou Cariello Leon Chitty Marcelline Daniel Maria Fernandez Mildred Ferraro Paula Gonzalez Cindy Granger Tammie Hardy Jerry Hession William Langford Clarice Loerop David Loy Suzanne Mastro Roxanne McNeer Frank Mumby Maria Papadia Steven Pam's Pat SukumarabandJI/I Jane Tibbets Eric Villanueva Martha Wetch Letitia Zod} I - 27 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1 bG 3 , 1 GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) Certificate of Achievement for Excellence in Financial Reporting Presented to South Florida Water Mal1agement District For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 1995 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United Sti:ltes and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. ~~.r Pfh-pl<~~~ Executive Director " I - 28 ""________~..w -----......--- Ir- -- -- . I I I I I I I I I I I I I I I I I I I t 1 6G 3 FINANCIAL SECTION General Purpose Financial Statements " , " : ',', : ' ~:: ,:',," ,', "'; , ," ',:.. :'~:"',: ,J' /'~,/" :, ~: ':',: ',:" ~ :~,,: <~ ::' :"':,,' ~}:' .<: I: .i'.. : " :',:' l',- ~ ':. '>,': ~ 'W A "" ."' 'Il~'f I I I I I I I I I I I I I JJ -- - ARTHUR ANDERSEN LLP 1 6G 3 REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNT ANTS To the Governing Board of the South Florida Wilter Management District: We have audited the accompanying general purpose financial statements of the South Florida Water Management District (the "District", a component unit of the State of Florida), as of and for the year ended Septcmber ;\0, 1996, as listed in the table of contents. These general purpose financial statements, and the supplemental financial statements and schedult'.5 referred to below, are the responsibility of Ule District's management. Our responsibility Lc; to express an opinion on these general purpose financial statements, and the supplemental financial statements and schedules based on our audit. We conducted our audit in accordance with generally accepted auditing standards and the standards for financial audits contained in Govn-nmcnt Auditing Standards (1994 Revic;ion) issued by the Comptroller Crl!neral of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining. on a test basis, evidence supporting the amounts and disclosures in the gcneral purpose financial statements. AIl audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the South Florida Water Management District as of September 30,1996, and the results of its operations and the cash flows of its proprietary fund type for the year then ended in conformity with generally accepted accounting principles, In accordance with Government Auditing Standards, we have also issued a report on our consideration of the District's internal control structure and a report on its compliance with laws and regulations, both dated November 22, 1996. I Our audit was made for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The combining, individual fund and account group financial statements and schedules listed in the table of contents and the information set forth in the summari7.ed financial statements located in the Financial Summary of the Introductory Section are presented for purposes of additional analysis and are not a required part of the general purpose financial statements of the District. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly presented in aU material respects in relation to the general purpose financial statements taken as a whole. I I ~~ fiM~ Lif West Palm Beach, Florida, November 22, 1996. I I I 11-1 Exhibit A-I hie 1 0(2 SOUTH F1..0RIDA WATER MANAGEMENT DlSTRlCT COMBINW BALANCE SHEET. A.U. Ftll\D WPES M'D ACcoUNT OROUPS SF..PTtMBER 30, \996 GOVERNMENTAL f1JND TYPES GE."ERAL SPECIAL REVT.NUE ASSID AND QTHFJl Of'arcs Cub and ~ },croWu Receivable lAIC From Other QovcmmCnU Due From O\bt;r f lIDds Invcalory O\hef ~ Fix>><:! AMCU ~ \0 be i'I"ovidcd for Rdircmcnt oCLong- Term Ua.\)\1iticl TOT AI. ASSETS AND o'nlER DEBITS $'26,486,012 381.622 723,29::1 S~.25l1..&36 5.269,363 2,695.626 1.323.933 682.212 73,7'98 21.S94 60.605 $'27 .673 m .--.J.2~ .ill..'M!. UABnIDF.:i..mNI2 Fill!ITY ANILQ~rrs. Jl A HlI .lJ1E.S i\cCOUI'IlS p,. yablc Due To 0Ihcr Func!& Dcfaml RCVCOUC Dcfaml C<<npcns&li0Cl eomp:nsatcd AbIcnCCS Payable Olhcr U&bilitics Dooda Payable TOTAL UABIUnE.S S3.\67,180 S2, 742,282 \,323,933 lS6.488 X . 3.353,668 11.6'76,1 S7 7,999,SS8 19,917,743 11,778,398 27,381,321 4,S4 I ,807 10.2S8,5<47 24,319,763 S7,627,611 nlND F.ourIY AND OTHF.R cRFnrrs Fund BaI&nCC . Rcscrwd Fund BIIancc . Unrcscrvcd J)aipted Uodcsipatcd Tot&! Fund BaIancc RdaiDed EaminsI bJycsImcdln GcncnI Fwd AsxU TOTAL FUND EQU'lTI' AND OTHER CREDITS TOTAL UABlUTIES, FUND EQUITY AND OTHER CREDITS 24.319.763 S7.627,611 S27.673.431 $66.303.76l SEE ACCOMP A..'lYING NOTES TO TIlE FlNANCIAL ST ATEME'NiS. ~ n-2 ,-"".._~ loG 3 eMIT AL PROJECTS SII3,333,166 I,3SS,1" \1,322,420 555,679 --1J26 56'7253 $4)51,330 9,S97,619 14,449,019 76,24t.257 13,217,531 22,652,446 In,11l.234 I n,l1l.23-4 S196.S67.2S!c I 6G 3 ~A-\ I 1 ,..2 oC2 I I PitOPRJE'T AllY flDUC1AR.Y FUND TYPE i~F. ACCOt'K1' OROUPS TOTAl.. I INTl:RNAL FIXED LONO-TtRM ~f.MORA."''DUM Om-\') SERVICE AOENCY ASSETS ~11JI!!L 1996 \99' S4,003,O\4 $23,129,64 \ $ S $29:.\,2 \ \ ,369 $246,206.901 I 39,361 7.046,134 6.141,633 14.74I,l4-4 4,49l,333 1,32:1,933 \,1)7,\60 70-4,\06 16\,733 I 17\,441 86U23 76ll.6-46 9~.838.147 940.8:18, \47 132,933,"31 --- 124,069,121 12.t.069,121 \ '0.:114,000 I S4 2\4.3\~ $23129.6-4L _ 5.l).1g.138.141 _-1l1~Ul $1.3lt1.7950671 JI243.1)1.\94 I $36,5$8 $7,742,077 $ $ S Ilt,239,427 $\$,4$5,\22 I \.323,933 1,137,\60 14,694,\ \9 4,31\.916 15,387.564 I 5,3117,564 1\,75\,446 111,000 10,330.000 10,448.000 9,602,000 I 3,52\,965 24.929,\2\ 28,45\,086 90,6$0,737 88.8\0.000 88,810.000 54,025.000 3.676,523 23.\29,64\ 124.069.12\ 177.354,129 \8'7.003.45\ I , 104.235,551 39,497.726 I 121.3 77.2 SO 85.491.751 37 ,4 52,800 97,913,247 264.065,608 222,902.724 I 537,793 537,793 291;U 940,838, \47 940,831.147 132,933,131 I 537,793 940.838,147 ~5.441,548 1.056. 121.743 S4.214,316 $23.~ $940.838.\47 S\24.069.12\ $\J82.79,S,677 $\.243.131..194 I I I I II.3 _'~Wo\"'_____"'" I '1 ~," ~:;.: . ElCbibit A':'l hac 1 of2 1 6G 3 soum FLORIDA WATER MANAGEMENT DISTRICT COMBINED STATEMENT OF UVENUES. EXPD'DITURES AND CHANGES IN FUND BALANCE ALL QOVD.NMENTAL FUND TYPES FOR mE YUR 'ENDED SEPTEMBER 30, 1996 SPECIAL CAPlT AI. ~RAL_ REVF.l\'UE i'ROJtCI~ REVENUES PropatyTu.cs S67,047.64I $13,063,4S6 $37;06.S97 Jr.ta'&o\~ 403,421 I1,S67,555 73.609,032 1ot.ercst 2,494,208 4,343,S27 9,575,420 Ucm~ Po.mia UJ(\ FOCI 1.625,662 2,026,776 Other \,\ 19.183 1,382.520 7SO,lt1 T<lU1 Revmua 72.690~ 92.3 83,834 121,141,932 EXl'ENDlTh1l.ES Cu=at Opcntinc AdminislnroIivc 29,841,850 3,368,746 1,330,293 OulRaCh 6,253,793 5.623.362 Ca\Slr\Idion and Land Managanm 19,893 \ 1,008.150 4.314.086 Rcgublion 7,902,315 Opcntions and MaintetW'lCC 758.107 49,851,84S 553,006 EcocysUm Restontion 286,590 10,525,872 5,.940.727 W_ Resow'<< Evaluation I S,S73,040 1,338,3::8 PlAnning 8,370,012 1,90I,S80 Capital Outlay 111,13~1l Debt Service Principal R.dirancnt :11 5.000 1nlenst aDd 0Ibcr Fiscal a.argcs 2.957.479 Total Expcnditw:a 69.005,600 83,618,883 121;19,172 ReYCI1IJeI In Ex.cc:ss of (Lea Than) Expenditures 3.684,715 8,764.95 I (7,077;40) OntER FINANCING SOURCES (USES) OperaIing T~en In 251,726 1,107,981 16,619,623 0pen1i.nc TDnd'cn Out (\ ~ 8,007) (8,799,127) (9.092.196) Proc:ecds of Bond Jssua.nce t: J.t,967.9" Procecda of Rcfilnding Bonds Payment to Bond Eraow Agent Capitall.alc 822,470 Total Olbcr Financin& SouNcs (Uses) 93,719 --1~~ 42.$6S,415 RcvmJc:s and Other Financing Sources (Uses) In Exccsc oCExpcndltw:a 3,778,434 1.896;75 35.413.175 FUND BALANCE AT BEGINNING OF YEAR 20.541,329 55.731,336 146,630,059 FUND BALANCE AT END OF YEAR 524 319.763 --1~7 627611 $182 111..2~4 SEE ACCOMPANYtNG ~OTES TO TIlE FINA.\lCIAL 5T A TEMExrs, II-4 1 6G 3 E.dlolMI ....2 Pap 2 oC2 ~-----.~ Exhibit A-J Pace 1 00 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT COMBINED STATEMENT OF REVENUES, DJ'ENDm.TRES AND CIIANGE.S IN FUND BALANCE BUDGET AND AClUAL . ALL GOVERNMENT At FUNn TYPES FOR THE YEAR ENDED SEYrEMBER 30, 1996 GENERAL FUND VARIANCE- FAVORABlE BUDGET _ AC11J~_ (UNFAVORABLE} REVENUES Propcrt Y T LXC$ S66.4~6,271 S67.().47,641 S~I,J70 UurgoYQ'umcnl,.I.\ 6A.O,583 A.03.421 (237,]62) lDIerul 2,260,000 2.494.208 2J.i,201 Ucmsa.. Pr:rmits and F eeo 1.877,200 1.625,662 (251,531) Olher 615,871 1.119,383 S03,S12 T otLI Rcvmua 71.879,925 72,690,315 110,390 EXPENDlnJRES Cum:nl Opcnlin& AdminiItral.ive 32.830.737 29.841,850 2,981,", 0u1n:&ch 8.622.803 6,253,793 2.369,010 C<nstnKtion and Land M an&8ement 322.220 19,893 302.327 Regu latioo 8,284.958 7.902,315 382,6-43 0pen1i00l and Maintenance 784,731 75ll,I07 26.624 Ecosystan Rcstcntion 1,738,648 286,590 1,452.058 WalI:r Rtsource Evaluation 20, I J 2,752 15,573,040 4,539,712 P1amin& 10,905,817 8,370,012 2,53 S,I05 Capital Outlay Debt Service Principal Retin:mem !dm:It and Olher FisaJ Charges Coolingcncy 1.754.731 1,754,731 T oc.aJ Expenditures 85,357,397 69.005,600 16,351,7'97 Revenues in b:cs& of(IAs Than) Expenditures (13,477,472) 3,684,715 17,162,117 OTHER FlNANCING SOURCES (USES): OperalinaTnmsfen L., 261,641 251,126 (9,915) OpenIins Tnmsfcn Oul (158.007) (tS8,007) Prooccds of Bond 1-.anoc ~ Capitall.eaIC . -- Toc.aJ 0Ibcr Financing Scun:a (Vacs) 103.634 93,719 (9.915) ~ _ Olhcr Financin& Sources (Uses) ID Excess ol(Laa Than) Expmditura (SI3.373,838) S3.778.4)4 S1715:un , SEE ACCOMPA.'-'YlNG NOTES TO THE FINAl'CIAL STATEMENTS, 11-6 'Il1.V.""".__,___......-..--...... ----- I 1 6G 3 EJdu'bit ....3 Pap 2 CllJ I I I SPECIAL REVENUE FUND CAl'IT AL PROJECTS f\)1\'O I VARIA.~CE- V ARlANCE- FAVORADLF, FAVORABLE BUUGET AcnJAt. (UNF A VORAD!:E...L BUOOET AcnJAL (UNF A VOllABLE) I rn.501,1I59 $73.C63 ,456 $561.597 $36.941,533 $37,206.597 $165,064 9,1(16,727 11,567,555 1.690,&:28 SS.052,968 13,609,032 (14,443,936) 3,240,000 4,343,527 1.103,527 4.833.000 9,575,420 4,742.420 274,600 2,026.776 1.752,176 I 325,140 1,382,520 IM7.380 ~Q.m_ 750.U3 16,2111,3 26 92,383,1134 6.165,508 ~~ 121.141,932 (t,6115.~9> I 4.976.516 3,368.746 1.607,770 1.893.997 1.330,293 ~3.'704 12.007.414 5,623,362 6,384,052 I 14.400,38'7 11,008,150 3,392.237 11.474.873 4.384.086 7,090.7117 53,294,890 49,1151,1145 3,"'43.045 799.800 553.006 246, ~ 1l J86,I64 10,526,872 3,859,292 8.659.671 5.940,727 2.711,,..... I 2,166,511 1,338,328 1.528.183 5,350,346 1,901,580 3,"'48.766 236,181.171 112,131.511 123,J.t2.590 I 1,330,000 215,000 1,115,000 3.662,193 2.957,479 '704.714 4114,035 . 484.035 3,376.845 3,376,145 -- I 107,766,263 83,611,&83 24,147,380 267,378,550 128.219,172 139.159,371 (21,547,937) 1,764,951 30,312.8811 (\37.551.049) (7.077,240) 130.473,109 I 1,024,432 1,\07,98\ 83.549 26,593,581 \6,689,623 (9,903,958) ( 11,006,275) (8,799,127) 9,207,148 (9,715,372) (9.092,196) 623,176 34.967,988 34.967,918 I ----1,m,470 1122,470 (\Mo,oOO) -1.15,\09,373) (6,ft68,676) 8,240,697 , 1,1146,197 42,365,415 (9,210,712) I ~.rn.m> ~ 53ft "3.m -LSllJ9,llU) d'I..MllJ 111 SI21.1nJll I I I CoGinuod I n-7 bbl'blt A.3 Pap 3 of3 1 6G 3 saunt FLORIDA WATER MANAGEMENT DISTRICT COMBINED STATEMENT OF REVENUES, EXPENOITURES AI'D CHANGES [N FUND BAl..ANCE BUOOET AND AcnJAL. ALL GOVER.""IENTAL FUND n'PES FOR TIlE YEAR ENDED SEPTE~lDtR 30, 1996 REVENUES l'ro\XrtYTaxcs 1nW'JOvcrn.ncnta1 lnt(tCSt Jjccnsc:s, Permits &nil Fees 0Ihcr TOTAL (~{EMORM'OUM ONLY) V ARlANC&- F ^ VORABLE nUDGET ~~ (IDlF A VORADLE) S 17 ~,929,(.63 SI77,3I7,694 SI,3S8,031 98,570,278 85.~80,ooa ( 12.990,270) 10,333.000 16.4\3,I~~ 6,080,1 SS 2.1~I,800 3.6~2,438 l,m,6)8 941.0 \l 3.252,786 2,311,77~ 287,92~.752 286.216,081 (1,709,67.!) 39,701,250 34,~40,889 5,160,36 I 20,630.217 11,877,155 1,753.<<*2 26.197.480 15,412.129 10,715,351 8,284,958 7,902,315 382,643 54.1179.421 51,162,958 3,716,463 24.784,483 16,754.189 1,030,294 22,979.263 16,911,368 6.067,1l95 16,256,163 10,271,592 5.984,571 236,181.171 112,8311,581 123,342.590 \,330.000 215,000 1.115,000 3.66 2.193 2.957.479 7{).4.714 ~.61 5.611 5.615,611 460.502.210 280.843.6~5 179,651,5" (172.576.458) 5,372.426 177 ,941,"'- 27,879.654 18,049,330 (9.130,324) (27.879,654) (18,049,330) 9,130,324 34,967.988 34,967.9811 1.872.470 822.470 (1,050.000) 36.840.458 35.790,458 (I,05O,OOQ) (SI35.736.00Q) S41 162.884_ S 176 89t.814 Total Revenues EXPENOrnJ1U''s Current Opcntina AdminislnJive Outreaeh ConsINCtion and lAnd Managemmt Rq:ulalioa Open1ions and Mail\l.ClWlCC ~ Rc:storalion WaJ.t:r Resouru EYlolualion Planning Capil.al Outlay DeN Scrv\cc Principal Relimneal In1eI'eSl and 0Iber Fiscal Ow'ges Coolingcncy TgU) Expcnditurel Revenues in Excess of (Less Than) Exptnditures OTIWl FINANCING SOURCES (USES): Opcntinc Tranofers III Open1inc Transfers Out ~ of Bond \ssl.\&nCC Capilall.ease T gU) Other FinancinC Sources (Uses) RCWDXS and Other financing Souroes (Uses) la Exa:ss or (Less Than) Expenditurel .. SEE ACCOMPANYING I'OTES TO TilE FINA.'IIC1AL STATEMEl'o"TS, n.8 .,..-H......__--,"'..P' - - . ~ . .' ,,' I . . '. . ," .. 4. . I I I I I I I I ExbibC A-4 SOUTII FLORIDA WATER MANAGEMENT DISTRICT 1 6G 3 STATEMENT OF REVFJ-'UES. EXl'ENSES AND CHANGES IN RETAINED EARNINGS PROPRllITARY FUND TYPE . INTERNAL SERVTCE F\J'ND FOR THE YEAR ENDED SErrEMBER 30, 1996 wrrn COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30,1995 __.l22L-_ 1995 OPERATING REVENUES Charges rO\' SeI'vices $2,712,072 SI.917,121 1nsuranoe Sc..'ttI crnaIl 1.600 201.0lS Total Op<rating Revenues ----1:713,672 2,111,163 OPERATING EXPENSES C!I.ims Expe:w.: 1,270,058 1,214,380 Praniwns Exp:nse 188,789 17.,746 PcnonaI Scrvic.cs 741,692 657,173 ConlracluaI Sa~ocs 194.545 193,369 Curra1l CharJta 51,600 33,010 Dislrict l.ndUo.:l Clcs 349.895 .32,265 Total OpcraI.ing Expcma 2,796.579 2.775,013 Opcn1ing Leo (82,907) (656,ISO) OTHER RE'lD<1JES Jraa-cst 310.931 333,310 ~a1 17,481 T cu.I Olbcr Revenues 32M 12 333,310 NET INCOME (LOSS) 245,505 (323,.70) RETAINED EARNINGS AT BEGINNING OF YEAR --2!2.288 615.751 RETAINED EARNINGS AT END OF YEAR S537.79) S292.2U I I I I I I I I I I I SEE ACCOMPANYING NOTES TO TIlE FINANCIAL STATEMESTS, n.9 Exhibit A-S 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT STATEMENT OF CASH FLOWS PROPRIETARY FUND TYPE. INTERNAL SERVlCE FUND FOR TItE YEAR ENDED SEPTEMBER 30, 1996 WITIt COMPARATIVE TOTALS FOR TIlE YEAR ENDED SEPTEMBER 30, 1995 1996 1995 CASH FLOWS USED IN OI'ERATING ACTIVITIES Cash Rcocived from 0Ihcr Funds for Insurance Sm;ces $2.712,072 $1,917,121 CaoIt Received from In.ounInoe ~cmcnt.s 1,600 201,035 Cash Pa)mcots to Vcadon for Goods and ~oes (1,779,606) (1,256,719) Cash Payments to Employees foc Sctvio:s (725,692) (647,173) Cash ~ymcnts 10 O\hcr Fllnds for Administnrive Services --1349.119S) (432,265) NET CASH USED IN OPERATING ACTIVlTIES (141.521) (217.994) CASH FLOWS PROVlDED BY NON-CAPIT AL FINANCING ACTlVlT1ES Paymera from Sla1c 1nsurancc Fund 17,481 36,136 CASH FLOWS PROVIDED BY INVESTING ACTIVlTIES Intt:rcst OIl Pooled hwatmcnIs 310,931 333.310 CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 3,816.123 3,66-4.601 CASH AND CASH EQUIVALENTS AT END OF YEAR ---H.QQJ..!LL4.. S3 116 123 RECONCIUA TION OF OPERATING LOSS TO NET CASH USED IN OPERATING ACTlVlTIES OPERATING LOSS ~82.907) ($656,150) ADJUSTMENTS TO RECONCILE OPERATING LOSS TO NET CASH USED IN OPERATING ACTIVITIES: TOTAL ADJUSTMENTS 8,3 76 (44.661) (15,963) (6.331) 2,745 2,125 16,000 10.000 (69.772) 471,737 (58.614) 43US6 {Sl4J.llll ($117.994) (lna'c:Ilu) Dcc:rcasc in N:coums Receivable Inause in 0Ihcr Assets I.ocreue in At:counls Payable Inause in Compensated Absenca Payable Incrasc (Decrease) in Liability for Insurance Rcsa:ve NET CASH USED IN OPERATING ACTIVlTIES SEE ACCOMPANYING NOTES TO THE fn-:A.'lC1AL STATEMEh'TS. II.IO ..,.--""",",,--~..--,,-,"......,~--"'~-~ I I I I I I I I I I I I I I I I I I I SOUTH FLORIDA \V A TER l\fANAGEMENT DISTRICT 1 6G 3 NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 19% Ol.D.fSCRIPTION QfJ~S.Q1!.11LEl....QBIDA Wi.\liJUjANAGFJ:1J;;NT J2lSJ-BJ.c.'I The South Floridn Wnter Mnl\llgement District (the District) is Il public corporatIon orgnnized under Florida Statutes, Chapter 373, nnd is controlled by a Governing Boord consisting of nine members lip pointed by the Governor to staggered four-ycnr terms. The District is nnnncl:llly independent ns evidenced by the authority to make nnd approve its o\\'n budget, the power to tax, the authority to buy and sell prop~rty, and the nuthority to incur debt. The District covers all or parts of sixteen counties in centrnl and southern Florida. The primnry objectives of the District Me to promote the conservation, development nnd proper utilization of surface and ground water within District boundaries llnd to prevent damage from floods, soil erosion and excessive drninagc. To llccomplish these objectives, the District is empowered to nUlnage nnd regulate the usngc nnd storoge of watcr within District boundaries nnd to acquire properties and construct facilities as necessary. The District works in concert with the Stote of Florida (the State) to nccomplish the previously described woter mnnagement objectives. (2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The llccompanying finnneinl statcments confornl with generally nceepted nccounting principles for governmental units as prescribed by the Governmental Accounting Standards Board (GASB) and other recognized authoritative sources. Pursuant to GASB Stntement No. 20, Accounting and Fin:mcial Reporting for Proorietarv Funds and Other Governmental Entities That Use Proprietary Fund Accountin\!" the District has elected to npply only the Financial Accounting Standards Board (F ASB) Statements nnd Interpretations, Accounting Principles Board (APB) Opinions, and Accounting Research Bulletins (ARB) issued on or before November 30, 1989, unless they conflict or contradict GASB pronouncements. The more significant accounting policies are summarized in the following paragraphs, ~orting Entitv The District follows the standards promulgated by GASB Stotement No. 14, The Financinl ReDortjn~ :&.n.1i!Y. to deline the reporting entity. The financi:ll slotements include a\l operl:ltions over which the District is financially accountable. Accordingly, these financial statements include all funds and account groups of the District, including trust fund assets held and invested for the District by the State of Florida, The District has not identified any component units and is not a participant in any joint ....enture. The District is a component unit of the State of Florida. The State provides funding for District programs through the sale of State debt, the shnring of documentary stomp revenues, and the opproval of \'arious annual grants and entitlements. 'l' II-II '" ~,..,:, ',- ," " ' ,j , ... " :' ",:,: \','. : ,\ . " ',,': ;'" SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30,1996 1 6G 3 ill..S.UMMh-RY...Q.F SIGNIFICANT ACCOUNTING POLICIES, (continued) (h),Jh~ Present;ltion: Fund A~untinQ, The accounts and financial statements arc organized on the basis of funds and account groups, cnch of which is considered a separate accl)unting entity. The operotions of each fund are accounted for with a separate set of self-bt\lancing accounts thnt comprise its assets, liabilities, fund equity, re"enues and expenditures/expenses. The follo\\ ing fund types and account groups arc used and summarized in the financial statements. . GOVERNMENTAL FUND TYPES: Genernl Fund Special Revenue Funds Capital Projects Funds . PROPRIETARY FUND TYPE: Proprietary funds account for activities which are sim ilar to those onen found in the private sector. The Inte",al Service Fund accounts for the District's self-insured risks related to general, automobile, and workers' compens!ltion liabilities. FIDUCIARY FUND TYPE: Agency Funds ACCOUNT GROUPS: General Fixed Assets Account Group General Long-Tenll Liabilities Account Group (c) Measurement Focus Governmental fund types are accounted for on a flow of current financial resources measurement focus. Their operating statements represent incrcases and decreases in net current assets. The resulting fund balance is considered a measure of expendoble availoble financial resources. The proprietary fund is accounted for on a flow of economic resources mcasurement focus. Its operating statements represent capital maintenance wl,ich measures increases and decreases in net total assets, 1I-12 I I I I I I I I I I I I I I I I I I I SOUTH FLORIDA \V A TER ~1ANAGEMENT DISTRICT 1 6 G "3 NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER JO, 19% (2) SUMMARY OF SIGNIFICAill ACCOUNTING POLICIES (continued) (d) Bllsi~ of Accounting The modi lied accru~ of a,ccounting IS used by the govcrnmcntal fund typcs. Rcvcnucs arc recognized when susceptible to accrual, i.e., both me:lsur:lble and availab::. Avaibble means collcctible within the current period or soon enough thcreaftcr to pay liabilitics of thc current period, Rc\'cnucs susceptible to accrual are t',d valorem property taxes, interest on investments, and intergo\'ernmentaJ revenucs. Property taxes are recorded as revenues in the fiscal year in which they are levied, provided they are collected in the current period or within sixty days thereafter. Interest on invested funds is recognized when earned. Intergovernmental revenues which arc reimbursements for specific purposes or projects are recognized in the period in which the expenditures are recorded, Expenditures are recorded when the related fund liability is incurred, except for unmatured interest on general long-tenn debt which is recognized when due, and certain compensated absences which arc recognized when the obligations are expected to be liquidated with expcndable available financial resources. Agency Fund assets and liabilities are accounted for using the modified accrual basis of accounting. The accrual basi~ of accounting is used by the proprietary fund. Revenues are rceognized when they arc: earned and measurable. Expenses are recognized at the time the liabilities are incurred. (e) Budgets and Bude.etarv Accounting Budgets arc adopted on a basis consistent with generally accepted accounting principles. The reported budgetary data represent the final amended budget as approved by the Govcrning Board. Budgets arc adopted for all funds except Agency Funds, The Govcrning Board approved two supplemental budget appropriations resulting in a net increasc in appropriations of $63,928,506 during the fiscal year. The effect was to increase appropriations in the General Fund (SI04,009), Special Revenue Fund (S5,444,750), Capital Projects Fund ($58,00.$,747), 3Ild the Internal Scrvice Fund (S375,000). The Governing Board also approves budget transfers among departments and capital projects during the year. Management applies a level of control at which expenditures may not exceed the budget at the departmental level within a fund, Department directors can approve line item overruns within departments as long as the total departmcnt budget within a fund is not exceeded, 11-13 .,'. ',"": '. :,~' ."". \"','.':'. ". /:.::"."",.,.." ~'): '<, <:, ",,<, 1 "~~>,'.' .....--__l;I._~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT ~OTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 19% 1 6G 3 (2) SUMMARY OF ~TGNIFICANT Ac.c..QJ1NTTNG POLICIE..s. (continued) (f) Enc;umbrancc~ The District utilizes the encumbrance method of accounting. Under this system, commitments for the expenditure of resources are recorded in order to reserve that portion of the applicable budgetary appropriation. All appropriations lapse at year end. Encumbrances representing uncompleted contracts and purchase orders are recorded as a reservation of fund bnlance at year end and reappropnated in the ensuing year's budget. (g) Cash and Investments The District utilizes pooled cash accounting whereby excess monies are aggregated for investment purposes. Negative cash balances in individual funds arc rcported as interfund paynbles with offsetting receivables recorded in loaning fund(s). Cash includes currency on hand and demand deposits. Investments accounted for in the governmental funds arc stated at amortized cost which approximlltcs market Investments of the Deferred Compensation Pian accounted for in the Agency Fund are reported at market. During the year the District did not directly invest any resources in derivatives. Investments made through State-adm inistered trust funds except the Deferred Compensation Trust Fund include derivatives. These investments are made on a pooled basis and the individual risk to the Distric;t is unknown. Florida Statutes nuthorizc investments in (1) United States Trensury securities unconditionally guaranteed by the full faith and credit of the United States Government, (2) United States Agency Obligations, (3) Repurchase Agreements collateralized by United States Treasury securities perfected by :\ transfer of title of the underlying security, (4) General obligation bonds of any incorporated county, city, town, school district or road and bridge district located in the State of Florida, (5) Insured or fully collateralized certificates of deposit of banks and savings and loan associations approved under Chapter 280, Florida Statutes, and (6) Money market accounts which are invested in United Stales Treasury securities. For purposes of the Statement of Cash Flows, all highly liquid investments with a maturity of lhrec monlhs or less when purchased are considered cllsh equivalents. (h) Inventory Inventory is stated at average cost and consists of fuel, chem icals and supplies held for consumption. The cost is recorded as an expenditure at the time indi\'idual inventory items are consumed. en General Fixed Assets General fixed assets are those acquired for general governmental purposes. Assets purchased are recorded as expenditures in the governmental funds and capitalized at historical cost in the General Fixed Assets Il-14 I I I I I I I I I I I I I I I I I I I SOUTH FLORIDA WATER l\IANAGEMENT DISTRICT NOTES 1'0 THE FINANCIAL STATEMENTS SEPTEMBER 3D, 1996 1 6G 3 (2) SUMJ..1A8...YJl.E..sJGNIFICANT ACCOUNTING POLI~ (continued) Account Group. Public domain ("infrastructure") general fixed 85sets consisting of certain impro,'cmeots other than buildings, including bridges, water control structures, canals and levees arc c:lpitaliZJ:d along with other general fixed assets. Maintenance, repairs and minor renovations are not capilaliz..cd. No depreciation is provided on general fixed assets. nor has interest been capitalized during construction. The acquisition of land and construction projects utilizing resources received from Federal and St:lte agencies are capitalized in the Gcneral Fixed Asscts Account Group when the relatcd expenditure is incurred. Amounts expended by Federal agencies on projects related to District activities are not included in revenue and expenditures because the District has no control over the projects or the expenditures of the Federal funds. Donated assets are recorded at their estimated fair market valuc on the date donated, Expcnditures which materially increasc values, change capacities or extend useful lives are capitalized. Upon sale or retircment, the cost is eliminated from the rcspectivc accounts. The Statement of Revenues, Expenditures and Changes in Fund Balances reports capital outlay expenditures separ3tely for the capital projects funds on ly. The capital outlay cxpenditurcs for the general and spccial revenue funds are included in the totals by function. Capital outlay expenditures of the general fund total S3,151,744 and S2,369,581 and of the special revenue funds total $4,608,369 and S3,115,974, respectively, for 1996 and 1995. (i) Land Tmst Funds Under Florida Statutes, the District is entitled to monies from the State of Florida which are allocated and appropriated to the Water Management Lands Trust Fund and the Florida Preservation 2000 Trust Fund. The Florida Department of Environmental Protection (DEP) acts as t:-ustee of these trust funds. The purpose of thesc trust funds is to acquire environmentally endnngered lands which arc subject to approval by the DEP. It is the District's policy to recognize monies receivcd through these State trust funds as revenues at the time monies are appropriatcd and allocated to the respectivc trust funds. The District also accrues and recognizes interest revcnue earned on these trust funds which is allocated to the District. This method of revenue recognition reflects the District's legal entitlement under Florida Statutes to receive thcse monies which are appropriated to the District to acquire and maintain these cnvironmentally endangered lands. The Watcr Mana2ement Lands Trust Fund was established in 1981 and primarily receives monies from a portion of the documentary stamp excise tax collected by thc State which is allocated and appropriated to the District in accordance with Sections 373.59(1) and (7), Florida Statutes. Thcse re\'cnues pro,'ide the security for the District's Special Obligation Land Acquisition Bonds (see Note 10). Monies arc released from the trust fund for debt service. acquisition, management, maintenancc and capital improvements as set forth in the District's five-year land acquisition plan. The District records activit)' of the Water Managemcnt Lands Trust Fund in thc Savc Our Rivers Special Revenue Fund and in the Save Our Rivcrs Capital Projects Fund. 11-15 SOUTH FLORIDA WATER MANAGEJ\1ENT DISTRICT 1 6G NOTES 1'0 THE FINANCIAL STATEMENTS SEPTEMBER 3D, 1996 3 a) Sl1MMARY~ SIGNIFICANT ACCOUNTING POUru.s. (continued) The Flondo Preservation 2000 Trust Fund was established in June 1991, and for its first six years it has received monies from the issuance of State (not District) revenuc bonds. Of the monies allocated for the purchase of statewide water management lands, such monies arc in turn also allocatcd and appropriated to the District in accordance with Scctions 373.59(\) and (7), Floridll Statutcs, Monies arc rclcased from the trust fund for the purchase of water manag.::mentlands and bnds necessary to implement surface water improvement and management plnns as set forth in the District's fivc-year land acquisition plan, Thc District records activity of the Florida Prcscrvation 2000 Trust Fund in thc Savc Our Rivers Capital Projects Fund. Undcr the terms of agreements bct\,,'een the District and the DEP, if the District does not spend its share of the monies in the Preservation 2000 Trust Fund within 33 months of receipt, the DEP may request reallocation of unspent funds. The District spent the first five allocations within the required timeframes, The remaining allocation, received in April, 1996, is required to be spent by January, 1999. It is the opinion of management that the District will expend the funds within the designated timeframes since the District currently has land purchases pending in the amount of $50 million and has included land purchases in its current capital improvement plan in the amount of $238 m iUion, (k) SWIM Trust Fund Under Florida Statutes the District is entitled to a portion of the annual State appropriation for the Surface Water Improvement and Management (SWIM) progrom. These funds are deposited in the SWIM Trust Fund with the Florida DEP aCling as trustee. The purpose of the trust fund is to pro,,'ide reimbursement for a portion of the costs associated with detailed planning and implementation of programs to restore and protect designatcd priority water bodies. It is the District's policy to recognizc revenue at the time monies are allocated to the trust fund. This method of revenue recognition reflects the District's legal entitlement under Florida Stotutes to receive these monies. ill...c.omDensated Absenm District employees are granted a specific numbcr of ,,'aeation and siek le:lve d:lYs with pay. Emplo)'ccs are permitted to accumulate a maximum of 360 hours (45 days) of vacation as of the final payroll ending in December of each year. Excess time is forfeited if not used within 30 days after the final payroll. Employees are reimbursed upon tennination for a perccntage of unused sick leave after at least 10 years of service. The costs of vacation and sick IC:l"c benefits (compensated absences) are budgeted and expended in the respecti,'e operating funds when poyments are made to employees. However, the liability for all accrued and vested vacation and sick pay benefits and sick leave benefits expected to become vested is recorded in the General Long-Term Li:lbilities Account Group for employees paid from governmental funds. Employees of the Internal Service Fund havc this liability recorded in that fund, 1l-16 ""-...-----.-"- -------~-- "- I I I I I I I I I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRIct 6G ' 3 NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 (2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) (m) Fund Bal~ Reservations of fund balance lire reported to indicate a portion of fund balance which (1) is not appropriable for expenditure or (2) is legally segregated for a specific purpose. Designations of fund balance identify tentative plans for the future use of financial resources. The undesignatcd fund balance is available for future appropriation. (n) Total Columns on Combined Statements Total columns on the combined statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate comparative financial analysis. Data in these columns do not present fUlancial position or results of operations in conformity with generally accepted accounting principles, Such data are not comparable to a consolidation and interfund eliminations have not been Dlade in the aggregation of these data. Comparative total data for the prior year are presented in the accompanying combined financial statements in order to provide an understanding of changes in the District's ovcrall financial position and operations. (3) CASH AND INVESTMENTS The District's investments arc categorized to give an indication of the level of credit (not market) risk assumed by the District at September 30, 1996 based on various investment categories as to how securities are registered, insured or where held in custody. These categories are: (1) Insured or registered investments or securities held by the District or held by the District's agent in the District's name. (2) Uninsured or unregistered investments for which the sccuntles are held by the counterparty's trust department or agent in the District's name. (3) Uninsured and unregistered investments for which the securities are held by the counterparty or by its trust department or agent, but not in the District's name. 11-17 - -' -- SOUTH FLORIDA \V A TER l\1ANAGEMENT DISTRICT 1 6 G 3 I'iOTES TO THE FINANCIAL ST A TEMEI\"TS SEPTEMBER 30,19% (3) CASH AND INVESTMENTS (continued) The carrying value and market value of cash and investments as of September 30, 1996 are summarized as follows: Invcstment Category (1) (2) (3) Book Carrying Value Bank or Market Value Investments Held by District: V,S. Treasury Notes $ 116,290.69~ S $ Federal Home Loan Bank Notes 73,705,000 Repurchase Agreements 4.390.000 $194.385.694 $ $ $ 116,290,694 S 116,443,166 73,705,000 72,699,048 4.390.000 4.390.000 194,385,694 193,532,214 12,270,731 12,270,731 22,721,181 22,721,181 38,288,716 38,288,716 4,825,292 4,825,292 15.260.555 15.260.555 287.752.169 286.898.689 7,949,170 7,949,170 (2.496.070) 41.476 5,453,100 7,990,646 6.100 6,100 5.459 .200 7.996.746 $ 293.211 369 $ 294895.435 Invcstments in Local Government Surplus Funds Trust Fund Investments Held by Trustees: Water Management Lands Trust Fund Preservation 2000 Trust Fund SWIM Trust Fund Deferred Compensation Trust Funds Total Investments Cash Deposits: Money Market Accounts Demand Deposit Accounts Total Cash Dcposits Petty Cash Total Cash Deposits and Pett)' Cash Total Cash and Invcstments Cash invested with the Local Government Surplus Funds Trust Fund, the Water Management Lands Trust Fund, the Preservation 2000 Trust Fund and the SWIM Trust Fund arc administered by the St3te Board of Administration. Of the cash deposits bank balance, $41,476 was covered by Federal depository insurance or was insured through the State of Florida public depository coll:lteral pool, and $7 ,9~9, 170 was collateralized with securities held by the pledging financial institution or by its trust dcp:1rtmcnt or 3gent, but not in the District's name. 1I.18 "'."".._.,------'~-'"_. I I I I I B I I I I I I I I & I I I I SOUTH FLORIDA WATER MANAGE~IENT DISTRICT 1 6G 3 NOTES TO THE FINANCiAL STATEMENTS SEPTEMBER 30,19% (4) ACCOUNTS RECEIVABLE Accounts receivable at September 30, 1996 consist of the following: Special Capital Internal General Revcnue Projects Service -LillliL- Funds ~l1dL Fund Total Florida Power & Light Co. S $4,000,000 S S - $4,000,000 Interest 361,439 714,052 1.255,447 39,861 2,370,799 Sale of District Property 9.3&5 262,861 99,841 372,087 Wetland Mitigation Permits 258,500 258,500 Other 10.798 33.950 44.748 S 3R 1.622 ~5 269 103 il..355.2RR S39 861 $7.046.134 The receivable from Florida Power & Light Co. represents amounts owed by the elcctric utility under contract with the District. The contract provides funding to rcspond to any water quality or other environmental effects that may occur when the utility constructs a powcr line through water conser\'3tion areas under the control of the District. (5) INTERFUND RECEIVABLES AND PAYABLES lnterfund receivables and payables as of September 30, 1996 are as follows: Fund Intcrfund Receivable Interfund Payable Special Revenue - . Okeechobee Basin . Department of Environmental Protection Aquatic Plant Control . Army Corps of Engineers Aquatic Plant Control $ 1.323,933 s 1,132,176 $ I 323933 191.757 S I 323 933 (6) PROPERTY T AX~ The District is permilled by Florida Statutes to Icv)' taxes up to .800 mills pcr Sl,OOO of assessed valuation. The rate levied for a majority of the District for fiscal year 1996 was .647 mills. Property taxes are levied each November I on the assessed value listed as of the prior January 1 for re31 and personal property located within the District. The assessed value at January 1. 1995, upon which the fiscal year 1996 levy was based, was approximately S267 billion. 11-19 ----- SOUTH FLORIDA 'VATER l\tANAGEMENT DISTRICT 1 6G 3 NOTES TO THE FiNANCIAL STATEMENTS SEPTEMBER 30, 1996 (2l.fROPERTY TAXES (continued) A four percent discount is allowed if the taxes are paid in November, with the discount declining by one percentage point each month thereafter. Taxes become del' luent on April 1 of each year. Delinquent property ta.'(. certificates are sold to the public beginning June 1, at which time a lien aU:1ehcs to the property, By fiscal year end, virtually all property taxes are collccted either directly or through t3.X certificate sales. Property tax revenues are recorded by the District based on the amount of receipts reported by the county tax collectors, Property taxes reeeinble from the county tax collectors at September 30, 1996 are S679,793. (7) INTERGOVERNMENTAL TRANSACTIONS Amounts due from other governments at September 30, 1996 :md intergovernmentJI revenues for 1996 consist of the following: yovernmental Funds U.S. Army Corps of Engineers U.S. Federal Emergency Management Agency U.S. Department of the Interior Florida Department of Environmental Protection Florida Department of Revenue Florida Game and Fresh Water Fish Commission Various Counties: Ad Valorem Taxes Property Appraiser Fee Credits Ta.x Collector Fee Credits Other Governments Less Allowance for Doubtful Accounts Total Governmental Funds Septem ber 30, 1996 Due From pther Governments S 227,767 721,361 9,387,834 2,280,258 200,942 48,009 1996 Intergovernmental Revenues S 971,472 1,250,306 82,841,536 189,249 679,793 1,369,948 1,032,000 77,380 0.283.943) 14,741,344 327,445 85,580,008 Internal Service Fund State of Florida Dis~bility Trust 17.481 ~ 14 741.344 S 85.597.482 Property appraiser and tax collector fee credits represent refunds of fees charged in advance for expenditures by the various county property appraisers and tax collectors, Florida Statutes require refunding to the various local governments any unexpended fees. 11-20 I I I I I I I I I I I I I I I I I I I . .., , :' , :' :'.. ". I .:: .,'.' . . :' "" ~ '.: ',' .' SOUTH FLORIDA \V A TER l\1ANAGEMENT DISTRICT 1 6G 3 NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 Lll.Q.,ENERAL FIXED ASSETS A summary of changes in general fixed assets follows: Balance at October 1, 1995 Balance at September 30, 1996 Addi\.iQ.n.L ..fu1irc11lents Adjustm cnts/ Rkcl nssificlltion,i Land $ 314,936,784 S 97,125.531 S (112,945) $ (22,400) $ 411,926,970 Buildings 30,990,376 74,172 4,059,849 35.124,397 Equipment 67,449,823 8,224,981 (2,188.202) 201,677 73,688,279 Improvemcnts 8,417,331 358,060 1,237,962 10,013,353 Control Structures 404,661,770 231,632 4,359,146 409,252,548 In Process 6.477.647 4.829.164 00.474.211) 832.600 ~.J32.933 731 $ 1 10.M3 :'i40 $ (2 301.lQ) $ (637 .97.]) S 940838 147 (9) DEFERRED REVENUE Fund General TVllC of Rcvcnuc Intergovernmental Renson for Deferral Amount Pending revicw by other agencies, S 186.488 Soecial Revcnu~ Okcechobee Basin Florida Power & Light Mitigation Wetlands Mitigation Intergovernmental Permits Pending rcview by othcr agencies. Pending settlcment of permit contingencies. Pending settlement of pennit contingencics, S 400,942 4,000,000 Permits 209.000 Total Special Revcnue S 4.609.942 Caoital Proiects Okeechobee Basin Save Our Rivers Intergovernmental Intergovcrnm ental Pending rcview by othcr agencies, Pending rcview by other agencies. S 509.855 9.387.834 Total Capital Projects S 9.897.689 Total Defcrred Revenue $14.694119 11-21 ~ ',,' l"\'.~' ~.,~,~.!~,..:."._I. :_ '..~.....I_t. "-"~""i.' SOUTH FLORIDA 'VATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 19% 1 6G 3 C1.Q.L9ENERA_~ LONG-TERM LlAl31LlTIES. The following is a summary of changes In general long-tenn liabilities for the year ended Septemher 30, 1996: Balance at Bal.mce at October 1, Scptember 30, 1995 Addilio.!lL- Retirements 1996 Land Acquisition Bonds $ 54,025,000 $ 35,000,000 $ (215,000) S 88,810,000 Compensated Absences 9,500,000 830,000 10,330,000 Capital Lease 822,470 (48,349) 774,121 Other Liabilities 87.059.000 (62.904.000) 24.155.000 S 150.5&4.000 ~ 36.652.470 $(63.1 67.34.2.l ~ 124.069.121 The changes in Other Liabilities during the fiscal year resulted III ainly from activity in condemnation proceedings. This activity is discussed further in Nole 18. Special Obligation Land Acquisition Bonds are issued by the District to provide funds for the acquisition of environmentally sensitive lands. Principal and interest on the Land Acquisition Bonds are sC1:ured by a lien on documentary stamp excise taxes collected statewide by the State of Florida and allocated to the State's five water management districts through the Water Management Lands Trust Fund (see Note 2j), The District accounts for debt service trans:lctions in the S:lve Our Rivers Capital Projects Fund. All Special Obligation Land Acquisition Bonds issued prior to the current fiscal year were refunded in 1993 and 1995 to reduce subsequent debt service payments. The resulting defeased bonds totaling $49,750,000 were paid in full by the District's agent on October I, 1995. On April 1, 1996 the District issued $35,000,000 of Special Obligation Land Acquisition Revcnue Bonds, Serics 1996. Special Oblig:ltion Land Acquisition Bonds currently outstanding are as follows: Original Remaining ~ Amount Maturitv ~ Balance 1993 Refunding $ 36,260,000 1996-2015 3.75-5.25% S 35,835,000 1995 Refunding 17,975,000 1996-2006 3.70-5.00% 17,975,000 1996 Acquisition 35.000.000 1997-2015 3.60-5.80% 35.000.000 S 89235.000 S 88810.000 JI.22 " : . ...._, ,'. It r. .'. ___- -~-. ..-II:I~ _..-'-....- . ',' .' . . J. . ' - ' " . .' ~ . ' " . . I I I I I I I I I I I I I I I I I I I . - SOUTH FLORIDA \V A TER l\rtANAGEMENT DISTRICT 1 6G 3 ' NOTES TO THE FINA:'lClAl. STATEMENTS SEPTEMBER 30, 1996 (to) GENERAL LONG-TERM LlAB1LlT1ES (continucd) Fiscal year requirements to amortize dcbt outstanding as of Scptcmber 30, 1996 arc as follows: Principal lntercst Total 1997 S 1,735,000 S 4,437,032 S 6,172,032 1998 3,530,000 4,336,097 7,866,097 1999 3,665,000 4,191,315 7,856,315 2000 3,820,000 4,032,838 7,852,838 2001 3,985,000 3,861,824 7,846,824 2002-2006 18,965,000 16,632,420 35,597,420 2007-2011 23,095,000 11,443,944 34,538,944 2012-2016 30.015.000 4.312.121 34.327.121 $ R R 81 0 000 S 53247.59l S 142057.591 (11) OPERA TfNG LEASES The District is committed under various operating le3scs for buildings, office space and dota processing equipment. Lense expenditures for the year ended September 30, 1996 amounted to S 1,175,752. Future minimum lease payments for these leases are as fol1o\\'s: Fiscal Y C3r Ending Seotem ber 30 Minimum Lease Pa\'ments 1997 1998 1999 2000 2001 $ 854,091 676,025 491,128 203,253 103.691 ~f 328.188 lI-B : ' \ ,',' , ' . , ,'" " " \ f , , ' . " :,':; :: ,'. ' " . ,~ "": " ','. ~, ,''- " ' :': '" <.: " ' " ' , ,- ......____----.4 ...... SOUTH FLORIDA WATER MANAGEl\tlENT DISTRICT 1 6G 3 NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 (12) CAPITAL LEA~ The District has entered into a 7 year lease agreement for the acquisition of a float helicopter to be used for inspection, data collection, and pennitting enforcement. This lease qualifies as a capital lease for accounting purposes and has been recorded at the prescnt value of the future minimum lealie payments in the general fixed asset account group as of the inception d41te of the lease, The following is a schedule of the future minimum leasc payments under this capital \case, and the present value of the net minimum lease payments as of September 30, 1996: Fiscal Year Ending September 30 Minimum Lease Payments 1997 1998 1999 2000 2001 2002 2003 $144,976 144,976 144,976 144,976 144,976 144,976 72.488 Total minimum lease payments Less: Amount representing interest 942,344 (l68.223) tl74.121 Present value of future minimum lease pnymcnts (13) RESERVED AND UNRESERVED FUND BALANCES Reserved Fund Balances _ Reservations of fund balance at September 30, 1996 consist of the following: General Fund Special Revenue Funds Capital Projects Funds Encum brances Mitigation Construction Long-Term Management Land Acquisition $ 7,999,558 S 15,446,407 S 76,248,257 2,210,715 853,475 1.477.146 U~ 9&7.743 S 76248 257 ~ 7 999 55 R Il-H "-'--- I I I I I I I I I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1 6G 3 NOTES TO THE FINANCIAL STATEMENTS SEPTEMBEH 30, 1996 (13) RESERV~ND UNRES~RVED F!,lliD BALANCES19~mtinued) The reserves for mitigation represent funds set aside to acquire, restore and manage wetlands. These reserves are accounted for in the Wetlands Mitigation Special Revenue Fund, All reserved amounts arc leglllly required based on District regulatory penn it conditions. Unresen'ed Fund Balances - Designations of fund bal:mce at September 30,1996 consist of the following: Capital Projects Funds Special Revenue Funds General Fund S 83,217,531 S 8,526,398 $ 20,157,672 3,500,000 218,649 3.505.000 $ 27.38)321 ~~r~J1 531 Subsequc:nt Year's Expenditures Kissimmee River Restoration Management of Lands Economic Stabili2'.3tion 3.252.000 S II 77U9R (14) DEFINED.JLENEFIT PENSION PLAN The District adopted the provisions of GASB Statement No. 27, Accountinsr. for Pensions bv State and Locnl Government Emolovers, in the following disclosure: Plan Description: The District contributes to the Florida Retirement System (the System), a cost-sharing multiple-employer defined benefit pension plan administered by the State of Florida Division of Retirement. The System provides retirement nnd disability benefits, annual cost-of-li\'ing adjustments, and death benefits to plan members and beneticiaries, The Florida Legislature established the System under Chapter 121, Florida Statutes, and has sole authority to amend benefits provisions. Each year the System issues a publicly available tinancial report that includes financial statements and required supplementary information, That report may be obtained by writing to the Florida Department of Management Services, Division of Retirement, 2639 North Monroe Street, Building C, Tallahassee, Florida 32399.1560. Fundinlt Policy: The System is non-contributory for employees and the District is required to contribute an actuarially determined rate. During the fiscal year the rate was 17.66% of annual covered payrolL The contributions of the District are established and may be amended by the Stnte Legislature, The District's contributions to the System for the years ending September 30, 1996, 1995, and 1994 were S 11,659,668, S II ,065,733, and S 1 0,316,265, respectively, equal to the required contributions for each year, 11-25 : 'i,,: ': :,d ';: ,1,,:-:: ::: ,'i,' , . ;~"...~~ ";'.: ..' ~,"(/~.' '}s). ~};~ .'; ~ ;t'-.~'..,"":".:I" .,' !, ~~~,I~~; ~~ ': . :\ " il':};;:,'; ~:})<!i ~/(~: Il,_! ~': \; .~ t, "\ '~, f' '.I~' 1'.., . .,<~ ;:iY{~:.:>::" f-:' \", i ~:' · :{.~: ~:} ":'>" , ". r" <to ~ : ~}l' ~.~, ~. 4' :..;',.' ) 'j"" : ',,: ;.f' :):'/::' ,,~,,:;c:) t .....:~ './.. ,,'1'; \ t.. .' '," '1\ ~ -', ~:"'- \ ( 't:/ I" ~.,.. t.,,: ... '. . .~ " ~_t:.' ~:\ ~,;lo;-, ~fJt: ,: ~f'.' ,).' '~":"..:;I ~t.: ,;~ht~: '1'< , .\., , : ~!r;i1( :~;.':i;\ , ..... 'oJ . r . . ~ . ',~ ""' .'" ...... '.... ~ ~;i~::~'!~'.'?:::J ~,,<,,:,co};" ~~<,:;,(t ',r~::,' if'",:::} ~;'( t.'~'. .,:', ,: :';, ''A'; ':' ~: ':": : \ SOUTH FLORIDA \V A TER MANAGEMENT DISTRICT 1 6 G 3 r\on:s TO THE Flr\ANClAL STATEMENTS SEPTEMBER 30, 1996 (15) OTHER mSIEMPLOYMENT BENEFITS The District offers :1 retirement incentive program to employees. Eligibility is determined by a combination of an employee's age plus yenrs of service with Florida Retirement System em ploycrs, Under the retirement incentive, the District pays three years of Illedicol insurance premiums Cor the retiring employees and between 50% and 100% of their dependents' premiums, depending on the number of sen.'lce years. The District recorded medical insurance expenditures of $199,538 for 43 employees who pllrticipated in the retirement incentive program during fiscal year 1996, Premium payments in future years will be budgeted and expended based on the number of eligible cmployees and thcir dcpendents. Future estimated expenditures arc summarized bclo\\': Fiscal Year Ending September 30 Estimated Exoenditures Totnl $163,528 167,311 36,756 $367.595 1997 1998 1999 (16) DEFERRED COMPENSATION PLAN The District offers its employees a deferred compens:lIion plan created in aecord:mce with Internal Revenue Code Section 457. All activities of the plan nre accounted for in an agency fund. The plan, available to all District employees, is administered by third-pnrty agents and permits employees to deCer a portion of their salary until future years, The deferred compcnsntion proceeds are not available to employees until term ination, retirement, denth or eertain emcrgencies. All amounts of compensation deferred under the plan, all property and rights purchased with those amounts, and all income attributable to those amounts, arc (until paid or made available to the employee or other beneficiary) solely the property and rights of the District (without being restricted to the provision of benefits under the plan), subject to the claims of the District's general creditors. The District has the duly of due care that would be required of an ordinary prudent investor. Participants' rights under the pl:m are equal to those of general creditors of the District in an amount equal to the fair market "'alue of the deferred account for each participant. The District belie"es that it is unlikely that it will use the assets to satisfy the ela.ims of general creditors in the future, .:'i j ,0 " ~ , -i " " ~ '" " ; , 11-26 .' r ,~ ! 1 .:' -: ~- '<~ ~ ". ~. , ; 'i ,:1 .' I , , . , I " .;'. \ ~~ '.: ~ ' . t ' t. ~ I I i ' t I t I I [ 1, f 1 I ! f , ,. r 1 ~ ' ~ ~ I ~; ~ i i ~. [ I I I I I I I I I I I I I I I I I I I - -- r----- - SOUTH FLORIDA \V A TER l\'IANAGEl\IENT DISTRICT 1 6 G 3 NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30. 1996 (17) INSURANCE ACTIVITIES The Di:itrict is exposed to various risks of loss related to torts, theft of, damage to and destruction of a.<;sels, errors and omissions, injuries to employees, and natural disasters. In 1976 the District established a self.insurance program for its workers' compensation exposure. The District is totally self.insured for workers' compensation claims. In 1986 the District established a self.insurance program for automobile and general liability claims. The District's financial exposure for automobile and general li:l.bility is limited to S 1 00,000 per person and $200,000 per occurrence pursuant to Section 768.28, Florida Statutes. The District transfers its risk for personal and real property through the purchase of an insurance policy. The coverage is written on a 100% replacement/stated value basis, with varying retentions. The District fully insures its liability for employee and retiree medical bencfits. The self.insurance program is accountcd for in thc Internal Service Fund, Expenses relating to insurance are charged to other funds based on a cost allocation study. These expenses include actuarial estimates utilizing the Casualty Actuarial Society Statement of Principles Regarding Property and Casualty Loss and Loss Adjustment Expense. The actuarial figures are utilized to detennine the amounts needed to pay prior and current year claims and to establish a reserve for catastrophe losscs and for losses incurred but not reported (IBNR) at year end, The total estimated liability on a discounted basis as of Septcm ber 30, 1996 is $3.521,965 and is presented on a discounted basis using an expected investment yield of 5%. Changes in the Fund's claims liability amount for the last eight years are summarized below: Fiscal Beginning Currcnt Claims and Ending Year Liability Changes in Estimates Claim Pavments Liabilitv 1989 $1,183,435 S 575,011 $ 616,722 S 1,141 ,724 1990 1,141 ,724 885,649 484,062 1,543.311 1991 1,543,311 441.264 457,025 1,527,550 1992 . 1,527,550 251,149 493.930 1.284,769 1993 1,284,769 2,198,217 659,376 2,823,610 1994 2,823,610 1,370,593 1,080,203 3,114,000 1995 3,114,000 1,284,380 806.643 3,591,737 1996 3,591,737 1.270,058 1,339,830 3,521,965 Il.27 ~: '~':..;' :""., ,,;.;,::';. ,: :",'.,,\ :,".:,'".," . -~~:':..: '., ' '.: :'. ,;.: <: ,~"v' ~'" SOUTH FLORIDA \V A TER l\lANAGEMENT DISTRICT 1 6 G 3 NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30,19% (18) OTHER LlAI?lLlTIES - CONDEMNA TJON PROCEEDINGS The District. is party to numerous lengthy condemnotion proceedings (as plaintifl) and inverse condemnation proceedings (as defendant or co-defendant) rcgarding the taking of private lands throughout the District for public use. The court may rule that there was no taking of land by the District resulting in no liability to the District. Where a taking is ruled, the court dctcnnines the ,'alue of the land claim cd by the owner and payment is made to thc owner upon trnnsfer of titlc to the District. In such cases, all payments have becn made or accrued for the year ended Scptembcr 30, 1996. At September 30, 1996 the court has yet to rule on anum ber of proccedings for which the land yalue liability, if allY, and title transfer datc is undetermined. The District's estimated future liability for the purchase price of these lands (including attorneys' fees, interest and other costs) is approximately $24 million and is recorded as a long-term liability (see Note 10) in the General Long-Term Liabilities Account Group. Should the court rule that there is no taking of land or thnt the value of the land claimed by the owncrs is lower than the amounts claimed, the estimated future liability will be adjusted at that time. When the court rules that there is a taking, the District will Ic\'y thc neccssary taxes, then budget and appropriotc funds to pay the liability to thc landowncr. (19) COMMITMENTS AND CONTINGENCIES The District participates in several Federal and State assistance programs which are subject to financial and program compliancc audits. Such audits could lead to reimbursements to the grantor agency for disallowed expenditurcs. Howcvcr, m:magemcnt belicves such diSllllowonces, if any, will be immaterial. The District has entcrcd into contracts for \'lIrious equipmcnt purchases for which the equipment has been ordered but not received at year end. This cquipment will be purchased under a clIpitallease arrangement with funds available from a master lease at the time of delivery. The value of these contracts is $954,204 and is not included in the outstanding encumbrance balance, 11-28 .- I I I I I I I I I I I I I I I I I I I 1 6G 3 FINANCIAL SECTION Combining, Individual Fund and Account Group Financial Statements and Schedules I . > "\ , . ". .' .' I' : ~ . '" :. I ~ ~ " \ i ../ ' '.. ',' '.',. ~, . I ';,' ,; : . . I I I I I I I I I I I I I I I I I I I 1 6G 3 SUPPLEMENTAL FINANCIAL INFORMATION III-l ~,_:,-;,:<,~",::,,",,>""...':;,>~'~, ,":: "::"" ":,:,::,,., ,",:":,:.,:,,',,' .. ...._101 - ,....Il'._.... --- -4 - .- J 1 6G 3 GENERAL FUND The General Fund is maintained to account for all financial resources and transactions not accounted for in another fund. III~2 ...,::.... ,...,~,,"<.,,:;"~:...,:..\ .': ..>:,:<.,',....:....:, '.",'\ .':--<.....'. ,."-,,,..,--..--...-.,,< "'"....-..-..---.- I 1 6G 3 Exhibit 8-1 I SOUTH FLORIDA WATER MANf,OEMENT DISTRICT I I I I GENERAL FUND COMPARATIVE BALANCE SHEET SEPTEMBER 30, 1996 AND I99S ASSr:IS 1996 I99S CAsh and lnVt:ldmcrltl ADcoun\S Receivable Due Fnlfl'l Other Governments lnvcatOf)' Other AAc:ts ~26.486.0 11 381,622 723.298 21.8?~ 60,605 $22,4&0,940 433,7S~ S.n,069 33,634 'n.7SO TOTAL ASSETS _m.rn.lli. $13 S62.19I UABIl JDFS AND ~D RALANCE I UABn mF"S $3,167,110 186,488 $3.020,&69 I I Al:oowU Payable DeferRd Revenue: TOTAL UABtUTlES 3.353.668 3.020,169 FUND BALANCE I Reserved ~ UndesipWed 7.999,SSI S,317 ,8SS 8,526,391 7,948..277 3,252.000 3,019,000 11.778,398 10,967,277 4.541.807 4.186,197 24.319,763 20.S41,329 $27.673,431 $13.S62.19S I I t.Jnraaved DesipWed Sublequcnl Expenditures Eccoomic SLabiliution TOTAL FUND BALANCE I TOTAL UABIU11f:.S AND FUND BALANCE I I I I I I III. 3 <;- >:;, :.' :,~:,:<.:,' .' .', I' - Exhibit S-2 Pace 1 or4 -- .- --r Ai 1 6G 3 SOUTI-I FLORIDA WATER MANAGEMENT orSTRlCT OENERAL f'UNO COMPARATIVE STATEMENT OF REVENUES, DJ'ENDmJRES AND CHANOES IN FUND BALAJI/CE FOR ntE YE.A.RS ENDED SEPTEMBE.R 30, 1996 A.''D 199,5 1996 B..EY.WUES. Property Tax Revenues Cum:nl Ad V.lorcm Tr..xca Delinqucat Ad ValoRm Taxes 0Ihcr Ad V.1on:m Taxca Tax Ctlllcctar 1nUrat tfl Current Y car Tues Tax ~1Io::tce I atcrest OIl Delinquent T ues $65,989.345 849,373 983 166.109 41.831 67.0.7,641 , 258,554 144,867 _403.421 753,&49 1.729,4&4 10.lt75 2,494,208 1.175.480 363,220 86.962 1.625.662 Total Tax Rcvenues ~ Revenues Florida Dc:partmcd or EovironmcnIal Protection 0Ihcr ~ Revenue ToLaJlnfcrgovanmenuJ Rcvenues lnlcrat Rcvall.lCI Florida Local Oovcmmcnl Surplus Funds Trust Fund Trcuut)' and Agav:y Ncc.cs Rcpurcbue Apcmc:nl.I Money M.arlu:t T oLaJlnIaul R.cvcn1lQ Uccacs, Pamita and Fea; Surface Waea- Permits w_ U. Pamits Olbcr l..i-. Permits and Fea; Total Liocnsa, Permits and Fees Olbcr RA:WDJCS R.eimbunancm or lndirec:1 Costs S&Jc or District ADell Refund or Price Year Expcnditures Olbcr ~ 349.895 15,459 ,525.,537 228.492 1,119.383 Total 0Ihc:r Revenues To&&I RevcnuCl $72.690.315 i I I ~ III-4 1995 S511,529.711 653.011 2.979 170.619 23,700 .59,330.020 13,5,409 173.219 3011.691 766,074 1,"',411 79,114 20.519 2,353,19,5 1,226.710 41,5.300 203,323 1.84,5,333 432,265 328,314 15,411 361,40,5 1,137.472 $65 024.711 ...""",__"_~_~__...._.".__,,~___m"'- I I I I I I I I I I I I I I I I , I , I I J ! I I ; t t- ~ ~ .~.<.~_,,, ;,__,"W.~_' ., sourn FLORIDA WATER MANAGEMENT DISTRICT 1 6G GENERAL FUND COMPAAATIVE ST A TF.MENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE FOR TIm YEARS ENDED SEPTEMBER 30, 1996 AND 1995 1996 1995 ~.s. AAm.ini.dn.tn-c tMcutive Office Penooa! ScN\ca SI,374,791 SI.061.537 CorlCnd!w SaW:cs I 98,ll?8 151,63.c ConmoditicA 6,929 5,3.c2 Curra1I Ow-p 12.353 13,172 ~~ Outlay 37.413 .c,499 TabJ bcc:utivc otracc 1,630.3114 1.236,114 BucIad lIIlll Proc:wcrncrC Pcnonal Sa'viocs 1,875.408 1,72.c, 125 CcnraauaI Scrvica 261,555 39ot,649 CanmoditicA 15,121 :5,591 Current Cwp 26,07.c 17,100 ('~ Outlay 49,451 1.9?I Total Budget Offacc 2.227.616 2.160,<463 Jnspec:tor 0cncn1 Pcnona1 Servic:a 489,291 436,10 I CoaInduaI Servic:a 1.c,051 35,275 Coawnoditics 2.5.cl 1.549 C\.uTaJl Charges 5,301 5 ,60S c..pi~ Outlay 12.968 T otaIlospcdor 0cneraI 524.159 479.230 Counsel PcnonaJ ScMc:a 2.572,075 2,512.'70 Coalradual Scoiccs 556,105 392,123 Commoditica 45,226 42.646 Curra1I Cbqes 28,758 11,730 Capiul Outlay 43.980 24,Io.t Total Counsel 3.246.144 2.990,173 F.d.crpNe Encincerinc Pcnon.al Scrvica 54.070 Total EnIerprisc Engincaina 54.070 Mma&cn-l Scrvica Pcnonal ScMc:a 9.964,606 9,791,31' CoaIr1IdI&al Scniccs 9,323,1.c8 1,331,142 Commoditica 1,117,590 1,163,741 CWTa1l Cbargcs 775,.c17 838,223 c..piul Oullay 978.016 1,159,00 Total Management Services 22.159,477 21,290,1S4 Total Adminisltative 29.84U50 21,157 .604 CocUaMd IIl-S Exhibil ~2 PaCC2cl4 3 ExIu'bil ~2 Pap3oC4 sourn n.ORIDA WATER MANAGEMENT DISTRICT 1 6G 3 OEl'oo'ERAL FUND COMPARA TIn STATEMENT OF REVENtJES. EXPENDmJRES A..''D CHANCES IN FUND BALANCE FOR TIlE YEARS El'oo'DED SEPTEMBER 30, 1996 AND 199' 1996 n.1>rnnm ~F.~ ~ Oovm.ncnt Uld Public Main Pcnoo.aI Se:vi<u ConInctw1 Servic:a Canmoditiea CurTcnl Cbarge& CapiulOutlay 1,394.588 4~4,211 17.022 561,312 50,S9' Total Oovemmcnt and Publ ic AtTain 2,457,798 Scrvioc: Centcn Pcnonal ~rvic:a Contractual Servic:a Canmoditiea CI.m:nl Cbarp Capiul Outlay 3,022,132 202,720 13,101 449,755 108.287 Total Service Ccnten 3.79S.995 Total 0ut.rcadI ~253,793 CAamuc:tlon and Land Managemcnt CoaIractuaJ Servic:a Cum:nt ChatJ:a 19.893 Total Construction and Land Mmagcment 19,893 Regulation Pcnoo.aI Scnic:a Comra.ctuaI Servic:a Commoditiea CumnI Charges Capi~ Outby 7.026, ns 420,146 72.319 83.134 299,291 7.902,315 Total Regulation Opcntions and MaintA:nanc:c Pa.xl&l Scrvioea CoaIractuaJ Servic:a Commodities Current Cwp Capita1 Outlay 361.656 22.919 182,29' ISS,262 35,97' Total Opmtions and Maintenance 758.107 1II-6 1995 1,330,583 41J.085 22,$07 544,833 13,095 2.324,403 2.324,403 129,250 75,000 204,250 9.190,531 425,403 69,121 17.146 164,049 9 .9:U;.964 341,921 23,249 150.147 301.760 20.461 131.5-45 . .:: :: ~ ~ j It. : ...~ I ~"l '. '.~ . ..., I. I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRlCT Exhibit 9-2 Pa&c" oC4 1 6G 3 CENERAL FtIND COMPARATIVE STATEMENT 01' REVENUES. EXPENDmJRES AND CHANOES IN FUND BAlANCE FOR ruE YEARS ENDED SEPTEMBER 30. 1996 AND IS'9S 1996 I ~ ~ Rakn1ion Penona! Scrvioeo; Contra.c:tual s.a.~xs CIIm:nt Cha.rp 1.72' 150,092 134.m I I Tcu1 Ecoqostcm Ratonlion 21t6.S9O Water Resource Evalllation Pcnona.\ Scrvic:a Contractual Scrvic:a Commoditia Current Charges Capj~ Outlay 9,419.516 2.051.'27 714,390 2,291.43S 1.096.172 I I Total W.u:r Resource Evaluation I S,573,04O I Planning PcnonaI Services ContraduaI Services CommocI.itics Cwrent Cba.rgea Capiul Qutby 7,()6.(.141 422.610 lo.t.129 33U42 439.S9O I Total Planning 8.370,012 I Total Expenditures 69,005.600 Revenues In Excess of Expenditures 3.684,715 I I OTHER FINANCING SOURCES (USES) Operating Transfcn In Open1ing Tranden Out 2SI,726 (158.007) 93.719 Total Other Financing Sources (Uses) Revenues and Other Financing Swroes (Uses) In Excess of (Less Than) Expenditures 3,778,434 I FUND BALANCE AT BEGINNING OF YEAR 20.S41.329 I fUl\o'D BALANCE AT END OF YEAR ..J14.319,763 I I I I HI-? 1995 52,S I. 206,617 259.135 I,OS 1,477 2.939.7H 6lS.341 2..3-41.464 926,714 14.944,780 5,957,436 635,332 40,341 471,2U 41.15-4 (I.17S,316) 2I,716.64S -110541.329 .' . . . t'l ., \., ". .. ~ ~, SPECIAL REVENUE FUNDS 1 6G 3 Specinl Revenue Funds are maintained to account for the proceeds of specific revenue sources that are legally restricted to expenditures for specific purposes. Okeechobee Basin El.!illl - To account for the normal operating expenditures of the Okeechobee Basin which is an area covering all or part of fifteen counties in South Florida. Financing is provided by a .288 mill property tax levy, inlergovernmental revenues, permitting fees and interest earnings. Big Cypress Basin Funt;! - To account for the normal operating expenditures of the Big Cypress Basin which is an area covering all or part of two counties in Southwest Florida. Financing is provided by a .198 mill tax levy and interest earnings. SWIM Fund - To account for expenditures made to enhance the environmental and scenic value of surface waters as provided in Section 373.451, Florida Statutes. Financing is provided by an appropriation of the Florida Department of Environmental Protection and allocated in the District's name and deposited in the Surface Water Improvement and Management Trust Fund administered by the State of Florida. Save Our Rivers Fund - To account for expenditures made to manage and restore sensitive water resource lands within the District. Financing is provided by a portion of (1) documentary stamp tax revenues appropriated and allocated in the District's name and deposited in the Florida Water Management Lands Trust Fund administered by the State of Florida, (2) regulatory fines, and (3) interest earnings. DEP Aquatic Plant Control Fund - To account for expenditures made for aquatic plant control in the Kissimmee River and Upper Chain of Lakes. Financing is provided by the Florida Department of Environmental Protection. Army Corps Aquatic Plant Control Fund - To account for expenditures made for aquatic plant control in Lake Okeechobee. Financing is provided by the Army Corps of Engineers. Florida Power & Li~ht Mitigation Fund - To account for expenditures made for water quality improvement in the Water Conservation Areas and Everglades National Park. Financing is provided by Florida Power & Light Company, a private electric utility. C>rlando Beltway Mitigation Fund - To account for expenditures made to formulate, design and implement a plan to mitigate the environmental effects on the Shingle Creek Swamp of construction of the Orlando Beltway southern corridor. Financing is provided by a grant from the Central Orlando Beltway Authority. Wetlands Miti~ation Fund - To account for expenditures to create new wetlands or improve alternative existing wetlands due to the destruction of designated wetlands. Financing is provided by private and other governmental contributions as part of the required permit. 1lI-8 I I I I I I I I I I I I I I I I I I I SPECIAL REVENUE FUNDS (continued) 1 6G 3 Indian River .1&goon Restoration Fund - To account for expenditures to enhance the environmental and scenic value of surface waters in the Indian River Lagoon. Financing is provided by sales of Indian River Lagoon license plates. Everglades Contributions Fund - To account for expenditures made for Everglades Restoration. Financing is provided by private contributors. 11I-9 Exhibit C-l Pap I oC2 1 6G 3 sourn FLORlDA W ^ TER MANAGEMENT DISTRICT SPECIAL. REVE.'1JE F\-'NDS COMB.~G BALA.'\CE SHEET SEPTEMBER 30, 1996 A.'"D 1995 ARMY DEI' CORPS BlC SAVE AQUATIC AQUATIC 0KEJ:CH0nEE C,(PRESS ()l,'R PIA'" PL.A..' ,. BASIN _ nA.~ ~M- RIYf.RS ~ CO:-.nOL CONTROL .\SSm t .__kP-eo-- W.4t9"AS $2.PO,1-42 $5.::76.090 SJ.717.311 $ $ _ IlIccivabk " 1.98.' 59-'~ 25.950 Due f.... 0Ib<< c..._ - 1,206,171 ".416 1.192.755 200.080 0- F..- o.a- r__ 1,323.933 --,. 66O.S 19 21.693 Olb<r Aad:s 73,531 260 TOT AI.. ASSLTS ~..J11.Ill. ~ $5 276.090 p.lln 528 SI.192 755 $100 010 UABnlTlES A''D Fm.'D RAlA...CE Udfl" rTlF.5 A.cc:ouaI:I Payable $1,526.466 S19.411 $47,362 S73,834 $60,'79 $3,323 Due To Ode FIIDd& 1.132.176 191,757 Dd'crnd ~ 400,942 TOT AI.. UABIUTIES 2,927,401 19,418 47.362 73.1l34 1.192,75S 200.010 F\ND RAlA...CE fund Ba1anoc . R.eKrwd E.naambranca 10,811.581 496,758 3.050.314 S95.7S6 349.748 C4aslsuction I..cnc- Term Mana~ Land Acquisition Fund BalaDcc - Utreacrvcd DeaigndOd Su~ Expcoditurra ',590,221 1,042.240 315,957 948,346 Ecaoamic Stahi1iz.Won 3,342.000 163,000 Kissimnxe Riwr Restoration 3.S00,OOO Managaned of Lands UDdcsignakd 3,204.622 596.364 1.1162.457 2.195.~92 (349.741) TOT AI.. FUND BALANCE 26,448,424 2,298.362 5.228.728 3.739,694 TOTAL. UABIUTIES AND fUND BALANCE $19.375.832 $2.317.780 S5.276.090 S3.813 528 S 1.192.75 5 $100.080 III-lO a Exhi~c.l 1 6G 3 Pa. 2 0(2 I I I n.oRIDA INDIAN POWER. .t ORLANDO RIVER umrr BELTWAY WETLANDS l_o\C'oOO~ EVERGLADES TOTAL I MITIGATION MmOATlON MmOATlON RESTORATION CONTRIBUllONS 1996 ~L-- S13,114,909 $1,750,736 S4.662,525 $25,73S $2\,695 $~,2Sa.136 S5S,424.174 I 4,228,213 293,616 5,269,363 4,716.110 30.204 2,695.626 2,547,567 1,323,933 1.137,160 682.212 I21,o.t9 I 73.791 9.640 SI7,343.192.- SI.7~0~ S4 986.345 S25.735 $21.695 $66.303.761 $6-1.663.40() I I $4)00 S $ $2,000 $ $2,742,282 S3.492.I7: 1,323,933 1,137,161 4,000.000 209,000 4.609,942 .. ,302.01 I .c,oo.t)OO 209,000 2,000 1.676,157 1,932.06 I 125.000 17,250 15.446.407 14,037,75 2,210.715 2.210,715 762.4~ I 853,475 153,475 593.6! 1,477.146 1,477.1<46 431,9: I 10.487,536 1,750,000 17,360 5,912 20,157,672 19,'21,6- 3.505,000 3,47t,0I 3,'00,000 3.soo.OI 218,649 211,649 I 2.726,256 736 573 21,695 10,251,S47 13,40'" 13.331.892 1,750.736 4,777.345 23,735 lli~ 57,627,611 55.731,3 I SI7.343 192 S 1.750.n.2.. $-1.986.345 ~l1.ill.. S2l..ill. $66.303 761 ~L~ I I I III-ll I I ..---. ___1--'- Edlibil C.2 hp 1 Gl2 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTIUCT SrEClAL REVENUE FUNDS COMBINING STATEMENT OF RLVEJI.'UES, EXPEr\DmJRfS AND CHA.\IGES IN FUND BALANCE FOR TIlE YEARS ENDED SEPTEMBER 30. 199G AND 1995 A.'WY DEP CORPS BIO SA'VE AQUATIC AQUATIC OKEECHOB~l-: CYl'RESS OUR PLANT PUJI. .,. BASIN B,\sIN ~1M- RlYERS COmROl. COl'ITROl. J\.E\ 'ENUES Property Taxes $69,830,932 $3.232.524 S $ S S hUrJovanrncn&al 2.319,711 77.216 2.100,000 3,140,171 3,210,743 669,520 In&i:rcst 2.781,943 351,408 299.375 Liocmes, Permits lIIlll Foes 237.060 15.650 Sale ofDistrid Properly 263,65 I 8,437 Refund oC Pri<< Y can Expenditures 614.1.c5 14.454 74.688 14.440 Prival& DonatiOQll Other 102.570 269.081 Total Rcvenuea 76,151.019 3,699.689 2.174,688 3,723.013 3,210.143 669,520 EXPENDITURES Cumrt Opcratin& AdmicistraliOll 2.904.961 424.157 38.128 0ulrcad1 4.133,391 367.108 522,863 CcnslnIction and Land Manaccmenl 8,607,335 255.981 2,144.834 Opcntioos and M&intcnanc:c 44,667,767 1.001.704 400.000 304.257 2.891,710 486.407 Ecocydan RcstcnIion 9.217,346 1,309.526 Wam Raoun:c EvaJualicn 1.016.269 18,948 190.1\ I Pbminc 642,064 223.681 1,009,383 T ('(a\ Expenditures 71.789,133 1,924.471 3.276,128 3,0 I 0.082 2.ll?I,710 486.407 R.evcB1ea In Exccsa of(Lea Than) !xpcDditura 4,367,886 1.775,218 (1,101.4.. 712,991 319.033. 183.113 OTI-IER. FINANCING SOURCES (USES) Opcntin& Transfcn In 1.002,31 a 37,609 68,054 0pcraLina Transfcn Out (5,168.711) ( 1.156.600) (909,806) (J 19,033) (183.113) Capi~ Lease 822.470 Total Other r am.ncin& Sources (Uses) (3,343,923) (1.156.600) 31,609 (841,752) (319.033) (113.113) R.CW3ICS and Olhcr F' IIl&ncinS Sources CU-) In Excesa of (I..- Than) ExpcndilUrCl 1,023,963 618.618 (1.063,83 I) (128,761) BEOno.'NING FUND BALANCE 25,424,461 1.679,744 6,292,559 3.868,455 EQU11Y TRANSFER Eh'DING FUND IIALANCE $'26.448.424 S2 2911.3Q -IDn.m. S3 739 694 S S III-12 I f..xbibit C- hfl2c1 I 1 6G 3 I I 1-WRIOA n-:D1AN I POWER. A ORLANDO RIVER UOHT BELTWAY Wr:n.A.NDS tAGOOS EVERGlADES TOTAl. t.rrnOATION MmOATION MmOATION RESTORATIOS CO:-''TRlDlT110NS \996 1995 I S $ $ S S $73,063.456 563,011,2 50.187 11"67,555 14.IIS.Cl 694,4~2 208.702 647 4,343,517 4,111,0 I 1,774,066 2.026,,776 3.041,' 272.011 71.( 717,727 lS,( 21,048 21,Gn I 371.657 389./ 694,.c52 1,982,768 50.187 21.695 92,313,1'3-4 14,895,1 I 1,500 3.361.7-46 1.2'9, I ',623,362 4,243, 11,001.150 \I ,260, 100.000 49,ISI,t.1S 45,527 10.526,fn 9.060 I 113,000 1,338,321 2.132 26,452 1.901.530 2.92. 21.c.5OO 26,452 13,61Ull3 71.112 I .c79,952 1.982.768 23,735 21.695 1,764.95 I 6,,71:! I 1,107.981 3,344 (1,061,864) (1.799,127) ( 5,36- I 122.470 (1,061.864) (6,,161,676) (2.01 I (581,9\2) 1,982.768 23.735 21,69S 1.896.27' 4," I 13.920,804 1,750.736 2,794.577 55.731,336 5O"~ .( -- I SI3.338.192 $ 1.7 :!Q.lli.. $4.777_145 523.735 $21.695 S51627.611 SS5.T. I I III-I 3 -----..-..'--.- . ,~.obit c-3 r.,. I on 1 6G 3 sourn FLORIDA WATER MANAGEMENT DISTRICT SPECIAL REVTh'ti'E FUNDS STATEMENT OF REVENUE.~ EXPEl'oo'Dm"RES A.'1> CHA.'IOES IN FUND BAlANCE BtJOOET AND ACTUAL FOR. THE YEAR E1"DED SEFTI.MBER 30, 19% OKEEC/lOBEE BASr.>I V A1UANCE- FAVORABLE Bl,,1XJET AcnJAl.. (UNF A VORAD!6L REVENUES Property T axaI $69.263,300 S69,!30.932 $,S6 7,632 ~vanmcnlaI 1.835.460 2.319,718 410" lnlerat 2.818,000 2. 71l1:.943 (99.Dm l..iccmcs, Pcnnits and F ecs 271.000 237.060 (33,940) S&\c of District Property 263,651 263,6H R.dimd oCPrior Years Expcnditurn 614.145 614.145 PriVal.c Donations Other 119.140 102,570 (16,''70) TotalRcvanaea 74.376.900 76,1 ~7.0 19 1.710,119 EXPENDrIURES ~ Operatiog AtkniDistntive 3.504.635 2.904.961 '99.67" Outreada 10.148.492 4,733.391 '.41'.101 Conswction and lAnd ManaC=cnt 9.476.0~3 8.607.33~ 161,711 Oper&lions and Maintenance 46.664.232 44,667,767 1.996. 46S ~ Ralon1ion 12.241,396 ?217.346 3.024,050 Watcr R.eaource Evaluation 2.3 30,80-1 1,016.269 1,314.535 Planning 2.403.571 642,064 1,761,507 ConlinsencY 184.929 114,929 Total Expenditures 86,9~4.112 71.789.\33 H,I64,979 Rcwnuea In Excaa of(Less Than) Expenditures (I2.~77.212) .c.367.886 16.94s.o91 OTHER FINANCINO SOURCES (USES): Opcralinc Transfcn In 962,823 1.002.31 & 39.49' Opcralinc Transfcn Out (5,168,711) (5.168,711) Capi~ Lease 1.872.470 &22.470 (1.050,000) Total Other F"lDoUlcing l;ourca (Uses) (2.333.418) (3,343.923) (1.010,50') RCYCIl\ICS and Other Financing Sourca (U$Cs) In Exccsa of(laa Than) Expenditures (SI4.910 630) ----1L91J..2ft S15934'93 III-]4 ,... f #~'" i' 14>' ~\ ' .t~ '.; j '.lX " ~',., .~'Wd. ' ~;:;! ~:':: .: ~ ..\1, , :',{"~~" . " ":-.' ~':""l ~~\, ,....,; ,..' ';_. ~,~...."' 1 " ~:.: ~.~ :;'f:Y~ ~.;~;\, .:: '.::,.1 .... ,:r{ ::~ ." . \.: .~', ~ -~\ .\ '.~.' ,,~-~. :~, :,'\.:.'t'.." ;~::':~; ~~ '~?<~,..\ ~":"Ir ..;: ~~~'ri:~~ ,,';". ,~ ,;.:~. \ ~"):" ," l:tf; 'i~.~t'~ I ,,~.:.~ ~!')"~)~ '.~ ( " ~ ~), '~:i, " . 'r .:~;,;~: ,,'1' \.., ":.'1. ".~~'!i. !;.:,:ih: :;,.2\:1 ~ ."" '.. ?-;' 'If>,.; ;'1' ':!;:"(' Jr!!0;. ..:,"~"r b' .~, ~; .~i:~\:, :.,~..:;~ .:~~~~:: ~~,;:~g~, tl,...~ l' ~{'~".:" .:Ji .;~../.J>// ;':,?t \I:~ .t, t, t.": ';.; ~l'.' ~;~,~~:~'.~'" l'~:; ;i~ ",' '1'....\'1, 't~,\;t;: ~:~ Ii' :;',~ ~~;!:~:);.. <.'. ":-..:< '. . . , ..... ..~.~ :: ~ r~. '~~,': ,r~~.';'~~ ~;', ,h<~ -~~~.;../:~.:/: " , I" , 1': . '_;.j' '~ . " Exbibit Co3 Pap 3 oCl ", , , _ i \ . il . ~: : ' '';-'", " ',' 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES, LXPENDmJRES A.'"D CItA."GES r.-; FWD BAl.A."CE BUDGET ~D AcnJAL f'OR TIlE YEAR Et\DED SEPTEMBER 30. 1996 III-16 - -- ~-- -~- .-- _. _,_ _. .~_l I 1 6G 3 Ubi'bil Co3 I h.4oCl I I I ARMY CORPS DEP AQUA l1C P!...ANT CONTROL ~^TIC PLA.'lT CO:-.o'TROL I VARIANCE. V AllIANCE- FAVORABLE FAVORABLE BUOOET AcnJAL (UNFAVORABLE) BUOOEl ACWAL (tn\"FAVORABLE) I $ $ S S S S 4,294.1.c2 3,210,743 (1,083.399) 927,12S 669.'20 (2S7,6O~) I I 4.294,142 3.210,743 (1.083.399) 927.125 669,'20 (2S7,6O~) I I 3,968,5 IS 2,891,710 1,076.80' 638.288 486,407 ISI.1ll1 I 40.000 40,000 3.968.51 5 2.891,710 1,076.80S 678.288 486,407 191.881 I 325,627 319,033 (6.594) 248.837 183.113 (6'.724) I (325.627) (319,033) 6.594 (248.83 7) (113.113) 65,724 (325.627) (319,033) 6.594 (248,837) (113,113) 65.724 I S s S S S s I ~ I I I 1II-17 ExhIbit c.J Pap Soli 1 6G 3 SOUTH FLORIDA WATER MANAOBvIENT DISTRICT SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES, E:\'PEr-.'DI11JRES AND CIIANOES IN FUND BALANCE BUDGET ^-"'D ACTUAL FOR THE YEAR ENDED SEPTEMBER ::\0, 1996 REVENUES PTopaty Taxes IruraoYa'mICIU.I hurat Ucc:nsa, Pc:rmib and Feea Sale of DiIlria Property R.cAand of Prior y can Expenditures Privaac Doo.\alkm Olhcr FLORIDA POWER &: IJGIIT MIT10ATION VARIANCE- FAVORABLE BUDGET ACTUAL (UNFAVORABLE) $ $ $ 694,452 6"'.452 Total ~ o 694.4'2 694,452 EXPENDITURES Cumat Operatina Mninistntiw Outreach Consuuction and Land Mana&emml Opcntiona and MaIntcnanoc EcoIyI&cm Ra&ontion Walcr Reaource Evaluation P\am&na Contingency 1,500 1,'00 100.000 100,000 238.000 113.000 12',000 21:.m' 125.000 119,452 Total Expenditures 339.500 R.cvcnuca In Exec. oCo.- Than) ExpmcIINra (339.500) 4'9.952 OTII'ER FINANCING SOURCES (USES): Opcral.iac Tnnsfcn In Opc:nlinc Tnnsfcn Out Capita1 Lease (10.000.000) (1,061.864) 1,.93&,136 Total Other F' ananc:ing Sources (Uses) (10,000.000) (1.061.864) 1.931.136 R.cvcnuca lIIlll Other FiMncing Sources (U$cs) III EJa:eg 0( 0.- Than) ExpentIiturca (SI0.339.'oo\ (S'81.912) S9 7S7.5D. III-) 8 "'.....___._,__.... VI' -,.~-- .. ~ 1 ~,. . .,~ t; , '.' /: \ ',,;. ',; " .', t C" (: ~.~ ' .;"',~ l't " \ }:' ,~. -~, . .', '. ."t.!' .~.' . i .!~: :,", ~:;< ~ ~,\;L '},,', ~/;:;. ";i' ~~;,( ~ ....~::~i,:' ~':)'. ~;~;: I f" ~'j'~ ...,;, '.' .t:'.'.~'.. r>~ ~ .~., "', .." .,Ij .. \", ; t' ;);;Ii; ~:~'/;' ,~,- :r,",: +~::~;: ,'i:L ...~. -i'{'. 1.\ \., ~ri:~, ~\.,. ' ,~~{ ~" '. : i' ~,~~) ."J', .,J..~ ~.'i:;~ \',t~ "f~:"~~'<' ~J~~ "I.", . '.. .'" ~ ~ . :r: ,,,~ ~!:~~ ~;:~ ~,' ~,... \{ii" :5") ,.....t. .... '{;S /:.p~:).~ ~,',j '.,-, " .. .: ~ ' '~'". " I 'E.xbibit C- J'acc he I 3 1 6G I I I I OR1J\NOO BEL TW A Y MmOATION VARIANCE- FAVORABLE BUOOET ACTUAL (UNFAVORABLE) WETLANDS MmOATION VARIANCE- FAVORABLE ACTUAL (UNFAVORABLE) I BUDGET s $ s s s I 12.000 208.702 l.n4.066 196.702 1.774.066 I I 12.000 1.982.768 1,970.761 I s.ooo s.ooo 1.750.000 1.750,000 10.000 10,000 I 85.000 1.750,000 100,000 1.750.000 (88.000) 1.982,768 (24,000) (24.000) SI.750 000 S (Sill..22ID S1.982.768 115,000 I 1.750.000 100,000 2,070,768 (1.750,000) I 24,000 I I 24,000 ($\,750.000) S n09-C,761 ~ I I ',.. . ,~ ,- , '~ .:: ,- " \ I I "." "'. , :0' III-19 " " .?, ,~.\. .! , )~ -."--",,-,,., "=^-~'---'- E.xhibit Co] Pl.'" 7 0(8 1 6G 3 soum FLORIDA WATER MANAGEMENT DISTRICT , SPECIAL REVElIo'UE FUNDS , COMBININO STATEME.....'T OF REVENUES, E.'J'ENDITURES AND CHANGES IN FUND BALANCE BUDGET AND AC11JAL FOR TIiE YEAR ENDED SEPTEMBER 30. 1996 INDIAN RIVER LAGOON RESTORATION VARIANCE. FAVOR.ABLE BUDGET ACl1JAL (tlNF A VORABLE) REVENUES PropcrtyTaxes S S S Intersovcmrnmta.l 100.000 ~O.lg7 (49.813) ltwest Liocnscs. PermilS and Fees s.uc Of Di.slriI:t Assets RcfiInd of Prior Y can Expenditures PrivalA: 00na1i00s 0Ihcr Total Revenues 100.000 ~0.lg7 (49,113) EXl'o."DITIJRES Cumnl Opcn.ling Atlministrati ve Outreach CAnswdion and Land Management 0pcrati0nI and Maintcnanc:e Uocystcrn Restoration Waur RCIOUI'CC Evaluation P!amin& 43,702 26,452 17,250 Continplcy 56.298 56.291 Total Expenditures 100.000 26.452 73.541 RCWIlUeI In Excess of (Las Than) Expenditures 23.735 23,73' OlllER FINANCING SOURCES (USES): Opcratir.. Transfers In Opc:ntin& Transfers Out Capi~ Lase Total Ocher F snancing Sources (Uses) IlcWIIUCI and 0Ihcr Financing Sources (Uses) In Exa:a of(Less ThuI) Expenditures 1--- $13.735 $13.735 IlI-20 I I I I I I I I I I I I I I I I I I I 1 6G Exhibit C-3 PaF I all 3 EVERGLADES CONTRIBtrT .ONS TOTAL VARIANCE- VARIANCE- FAVORABLE FAVORABLE BUOOET AC11JAL (UNFAVORABLE) BUDGET AC11JAL (l.'NF A VORADU) S $ S $72.S0 1,859 $13,063,4'6 S56I.'97 9.876,727 11,567.55' 1,690,121 647 647 3.240,000 4.343.S27 1,103,527 274,600 2,026.776 1,752.176 272.088 zn.on 717,727 717.727 21,048 :U.o.tl 21.048 21.041 325,140 371,657 <46,5 I7 21,695 21,69' 86.211,326 92,383,834 lS,16',SOI .c,976.S 16 3,368,746 1,607,7'70 12,007,414 5,623,362 '.3I4,OS2 14.400,317 11.008,1'0 3.392,237 S3.294,89O 49,851.84S 3,443,045 14,386,164 10,5 26,172 3,.,9,.292 :: ,866.SlI 1,338.328 1,521,113 S,350,346 1,901,580 3,448,766 484,03' 414,035 107,766,263 13,618,883 24.147,380 21,69S 21,69' (21,H7,93~ 8, 76.c.9 S I 30,312,188 1,024,432 1,107,911 13,549 (I 8,006.m) (8,799,127) 9,207,141 1.872..c70 822.470 (\ ,OSO,OOO) (1',109,373) (6.168.676) 1,240.697 S $21.69 S $21.695 ($36.651.310) $ 1.896.27!, SJ8.SS3.sSS III.2 t , 1ll-22 1 6G 3 I I I I I I I I I I I I I I I I I I I 1 6G 3 CAPIT AL PROJECTS FUNDS Capital Projects Funds are maintained to account for fmancial resources to be used for the acquisition or construction of major capital facilities. District Funq - To account for capital expenditures on projects associated with district-wide functions. Financing is provided through transfers from the General Fund. Okeechobee Basin Fund - To account for capital expenditures on projects benefiting the Basin. Financing is provided through transfers from the Okeechobee Basin Special Revenue Fund. Bi~ Cypress Basin Fund - To account for capital expenditures on projects benefiting the Basin. Financing is provided through transfers from the Big Cypress Basin Special Revenue Fund. Save Our Rivers Fund - To account for capital expenditures for the purchase of sensitive water resource land and principal and interest payments on special obligation land acquisition bonds. Financing is provided through allocations from the Preservation 2000 Trust Fund and a portion of (1) documentary stamp tax revenues appropriated and allocated in the District's name and deposited in the Florida Water Management Lands Trust Fund administered by the State of Florida, (2) regulatory fines, and (3) interest earnings. Everglades Construction Fund - To account for capital expenditures to construct six storm water treatment areas to cleanse stormwater run-off from the Everglades Agricultural Area (EAA) through naturally occurring biological and physical processes. Additional objectives include hydroperiod restoration and water supply. Financing is provided through a .100 mill tax levy, non-ad valorem assessments to property owners in the EAA, State and Federal contributions, and interest earnings. Federal Emer~encv Management Agency Fund - To account for capital expenditures on projects funded by the Federal Emergency Management Agency. . I11-2J E.xbilMI ~ 1 ....lal2 16G 3 sourn FLORIDA WATER MANAGEMENT DISTRICT CAPIT AI. PROJECTS FU"NDS COMBINING BALANCE SHEET SEPTEMBER 30. 1996 AND 1995 OKEECHOBEE BIO CYPRF.sS SAVE OUR DlSTRJCT BASIN BAS IN RIVERS ASS.En Cash lIIllllnYatmcl1b S 1.4O.c,5.41 S'.034.697 SJ.S49,3S6 $99,640.161 A/:lcouIU Receivable 560,724 Due Frcm 01'- Oowmmc:nb 1,268.239 9,650.271 0Iha- AI8ds 175 TOT AI. ASSETS $1.404 541 S6.303.ill $3 S49.356 $109 85US6 IJARn rnF~ ANn nn-.'D RAI.A."lCE LlARn 1TTF-S. A/:lcouIU Payable SS.c.921 SS 14,'49 S $214,423 Dcfcmd Revenue 509,855 9.317.134 TOT AI. UABIUTlES '4,921 1.024.404 9,602.2'7 t FlTh'D BAI.ANCE Fund BalaDce - Reacrvcd Enc:umbnnc:a 637,321 1.762.726 70,000 65,939,496 Fund DaIanc:c - Unracrvcd Designated ~ Expcnditurcl 712,299 2,756.302 3,477,404 34,260.103 UodcsipWed 759.679 1,952 TOT AI. RJND BALANCE 1,349,620 5.278,707 3.S49.3S6 100,249.'" TOT AI. UABIUTIES AND RJND BALANCE SI.4o.t.S41 S6.303.111 $3.549.356 SI09.8'1.856 m-24 .....,~__~.<"'~,.",....",w-"'...~.......__ -,,--------- f I I I I FEDERAL EMF-R.GENCY I EVERGLADES MANAGEMENT TOTAl. CONSTRUCTION AGENCY 1996 199' I $73,159.754 S~44,6S7 $\83.333.866 SI4~,816.243 794,564 1.3~~,288 943,531 .c03,910 11.322.420 1,409.747 "',504 55'.679 S30,778 I $74.913 732 S5.y...m SI96.567.253 $ 148.700.299 I I SJ.7S2,m SI4.665 S4,55\.330 SI.99O,283 9.897.6ll? 79.9~7 I 3.7S2,m 14,665 14,449,0\9 2.070,2 40 I 7,076,008 712,706 76.248.257 18,283,998 I 42.011,423 83.217.53\ .c8.024,825 22.073.~29 (\82.714) 22.6'2.446 80,321,236 71,160,960 '29.992 182.118.234 146.630.059 I $74.913.732 S544.657 --1196.567,2~3 $148.700,299 I I I I I I II1-25 1 6G 3 ExIu'bic I>-l P.2 oC2 ---.--...-----..',.',..-- o' _..~_.____",_"_~_~.....'___......._ ~.... 1I!1t. ..11' . ~__ Exbibit 0..2 Pap 1 01'2 1 6G 3 SOUTI-I FLORIDA WATER MA.1\lAGEMENT DIS1RICT CAPITAL PROJECTS FUNDS COMBJNlNO STAl'EMDIT OF REVENUE.~ EXPENDmJRES AND CHANGES IN FUND BALANCE FOR TIlE nARS ENDED SEPTEMBER ~, 1996 AND 1995 OKEECHODEE BIG CYPRESS SAVE <XJ1t DISTRICT BASIS BASIN lUVERS REVENUES Ad VaJorcm Property Taxa S S S S Ap'ialItunI PriYiIqc Taxa ~ 801,319 72.704,04 lnIcrat 9,387 4.742,164 SaIc 01' Dislrid Property 327,672 RefUnd of Prior Y car Expcndi1urea 27.002 Ckbcr 193,573 Total Rcvaaaea 837.708 77.968,().tJ EXPENDmJRES CwraIt 0pcnIinc A.dminisInliw I S9.290 1.000 373.936 CcoIInaction IDd 1..md Maaap:mcm 12,411 186,039 U27.0n ()pcnaioaI1Dd M_____ 553,006 Eoo.y1km RalcnIioa 155.249 2.275 c.pi&a1 Ouclay 311.261 5,033.778 632.'97 73,73<I,39S Dck Service Prioc;ipaJ Rd.irc:mcIIl 21S,OOO lDIaut lIIlll ~ FI8C&l Clwp 2.9",479 Total Expcndilurcl 612.962 S.376.066 632,597 10,163.1-43 R.eYeruea In E~ of (Lea Than) Expenditures (612.962) (4,538.3'8) (632.597) (2.19'.100) Otm:R FINANCING SOURCES (USF's) (. ~ Tnafcn Ia 120,398 4,720,711 1,156.600 909.106 <. ~ Tnnlfcn Out (SO.ooo) ('9,o.t2, 196) I"roc-x clBond lIIumoc 34,961.9U l'roceoB of It.dundiD& BoodI Paymcllllo Bond E.Iaow Agent TcCa1 0Iha' F-q Sources (Uses) 70,398 4,720,711 1,156.600 26.13'.591 ~ IIld Ckbcr FIlIUlCinc Sources (Uscs) la ~ cl(Lca Than) Expenditures (542.564) 18U53 S2-4,003 24,640.491 FUND BA.L.A.'1CE AT BEGINNING OF YEAR 1,892,18-4 S.096.3S4 3.025,353 75,609,101 EQUITY TRANSFER FUND BALANCE AT END OF YEAR S 1.349.620 5'.278.107 $3.549.356 SI00.249.599 IIl-26 bNllit D-3 Pap I oC' 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT CMIT AL PROJECTS FUNDS COMBINING STATEMENT OF R.EVENti'ES, EXPENDmJRES AND CHA1I:GES IN FUND BALANCE BUDGET AND ACTUAL l'OR TIm YEAR ENDED SEPTEMBER 30. 1996 DISTRICT V AlUANCE- FA VORABl.E BUOOET A(''11JAL ~AV01lAB1..E) REVENUES Ad V &IaraD Propcr1y Taxa S S S AgicuJtwaI PrivilcJC Taxa ~.......Lt.I hwal s.1e cL Dislri.:t Propa1y R.eNod oC Prior y can Expenditures Ol.bcr Total RnaJUCS EXPENDITURES CUtTaC Opcntin& A4rDi0Uarativc 164,33' lS9,290 ,.o.t, ClalnK:tion lIIlll Land Managcmml 104,171 82,411 22.460 Opcntioa& aDd },fa;""""""'" ~ Jlalc:ntioa CIpila1 Outlay 1.651,007 371,261 1.279,7<46 Dck Sctvice Princ:ipaI ~ 1ata'l:Il8Dd Olhcr F'IIC&I Charges Racna Total Expenditures 1.920,213 612,962 1,307.2'1 ~ In Exceaa cl(Lca Than) Expenditures ( 1.920.213) (612.962) 1,307,251 OlllER FINANCING SOURCES (USES): 0pcntiIIa Trand'cn In 120.398 120,398 0pcntiIIa TramI'cn Out (50,000) (50,000) I'rocood& oC Bood bIuancc Total OCher F II\InCi.ns Sources (Uses) 70.398 70,3 91 It.cwnJa lIIlll Olbcr F IIW'lCing Sources (Utes) In Exl:lca of (tela Than) Expenditures (SI149.81~) (S542.564) Sl.307.251 I1t-28 I EsbibiIJ>.3 hF2cU I 1 6G 3 I I OKEECHODEE BASIN BIG CYPRESS BASIN VARIANCE- V AlUANCE- I FAVORABLE FAVORABLE BUOOET AcnJAl. (UNFAVORABLE) BUDGET AcnJAl. (UNF A VOIlABU) S s S S S s I '35,971 801,319 26'.348 156,2'0 (156..250: 9,387 9.387 I 27.002 27,002 53',971 837,708 301,737 156.250 ( 1 56,250 I 1,000 1,000 I 349.794 186,039 163,75' 219,433 155.249 64,184 9,379,054 5,033,7711 4.34',276 1,869.1'1 632,'97 I ,236.5~ I 403,755 403.755 823.040 123,G4C I 10,3'3,036 5,376,066 4,976.970 2,692.191 632.597 2.059,59- (9.817.065) (4,538.3'8) 5,278,707 (2.535,941 ) (632,597) 1,903,34 I 4,720,711 4,720.711 1,156.600 1,156,600 I 4,720,711 4,720,711 1,156.600 1,I'6,~ I (SS.Q2UW S182.353 S'.278 707 ($1.379 341) S524 003 $1 903~ CaIIiDI I I I I III-29 I . .~_.,._ ill ..' ~ " ~ .,;. '. ., l . . ~ ",' . ~ , - bbillit 1).3 Pate 3cCS 1 6G 3 SOUTII F1..0RIDA WATER MANAGEMENT DISTRICT CAPtT AI. PROJECTS FUNDS COMBINING STATEMEm Of REVENUES. EXPENDITURES Al'.'D CHANGES rN 'fUND l\Al.ANCE BUDGET AND AC'ruAL FOR TIlE YEAR ENDED SEPTEMBER 30, 1996 SAVE OUR. RIVERS VAJUANCE- FAVORABLE BUDGET AC11JAL ('UNfAVORABLE) REVENUES Ad Valon:m PropatyTaxcs S $ $ A.picuItunI Privilcp Tax ~'a1WDCIIL&I 85,804.000 72,7o.t.634 (13,099,)66) 1ma'ClIl 1,920,000 4,742,164 2,122.164 Sale ol 0iIIricl Property 327.672 327,612 Rc:Nnd olPrior Y ~ ExpcndilIImI 0Ih<< 193,573 193,573 Total RCYCDIeI 87,724,000 77,961,043 <9,755,9m EXPENDmJRES Cumal Opcn.linc A.cIminiIUaliw 4'9,481 373,936 ".5S2 Conanad.ion and Land Management 4.'75,659 2,327,052 2,.248,607 Opcnliom aM MaioIaIance 799 ,800 5'3,006 246,794 I.cc5y:ll.cm R.:IlonI.ion 2,765 2.275 490 CIpitaI Outlay 161.0111,442 73,734,395 17,347,0.t7 Ocbl Service Principa.I Rctircmcd 1.330,000 215,000 1,115,000 IaIcrat aDd Olhcr F'1KaI Cbar&a 3,662,193 2.957,479 '704,714 Racncs 2.03S.134 2,03S,I34 Total Expcadicurcs 173,946.481 80,163,10 ~,713,331 R.evcDaa In ExcaI of (Lea Than) Expcnd.itura (116,222,481) (2,195,100) 14,027,311 01HER FINANCINO SOURCES (USES): Opcratiac T....ccn In 1.0n,SOO 909,806 . (172.694) Opcralina Tnnsfcn Out (9,665,372) <9.042,196) '23,176 ProcccdI clBoDd IsIuancc 3.c.967,91111 34,967 ,988 Total Olhcr FIftUIcin& ~ (Usc&) 26.385,116 26,835,'91 450,482 a- and Odxr F'1OInCin1 Sources (Uses) In ExcaI oC (Lea ThIn) Elcpalditurcs ($59837.36') $14 640.498 S<<.477.1Q III-30 I I I I I I I I I I I I I I I I I 1 6G ~iIil J).J Pace 4 0( ~ 3 EVERGLADES CONSTRUCTION FEDERAL EMERGENCY MANAGEME1\T AGEl'CY VARIANCE- V ARlANa, FAVORABLE FA VOIlABLE BUOOET AcnJAL (UNFAVORABLE) BUDGET AcnJAL (UNF AVORABtE) $24,o.t9,908 $24,3 16,183 $266.275 S S S 12,891.625 l2.,ll9O,414 (1,211) 1,556.747 103,079 (1,4SJM 2.913,000 4.823,869 1,910.869 201,000 201.000 1.636 1,636 39.854,533 42.233.102 2,378,569 1,556,747 103,079 (I,45J.~ 1,243,219 795,620 447,599 25,955 447 ",s. 6,444.'49 1,78!.'s.c .c,6",965 1,437,.c73 5,783,203 2,6'4,270 60,336,131 33.04',910 27.290,221 1,864,386 20,640 1,143,7 '10 510 \14.406 114,4 76,461,882 41..c13,317 3'.048,'65 2,004,747 21,087 1,913,~ (36,607 ,349) 819,785 37,427,\34 (448,000) 81,992 529~ 19,06S,372 9,334.108 (9,731,264) 448,000 448,000 19,065,372 9,334,108 (9.731,264) 448.000 .c48,OOO (S 17 .'41.977) SI0.153.893 527 695.870 S S'29 992 S'29. Cedi I I III-3) Exhibit 0-3 Pap5oC' 1 6G 3 SOU11I FLORIDA WATER MANAGEMENT DISTRICT CAPr! AL PROJECTS fUNDS co).mINtNO STATEMENT OF 1I.EVENtJES, EXl'ENDtnJRES AND CHANGES IN FUND BALANCE BUDOET AND Acn:AI... FOR TIm YEAR El'oo1)ED SEPTEMBER 30, 1996 TOTAL VAlUANCE- FAVORABLE BUDGET ACTIJAL (UNFA VORADLE) 1I.EvtNUES Ad Valorem Propert'J Tax.ea $24.049,9011 S24,316,183 $266,275 Aariaaltunl Privikgc Tax 12.891.62S 12,890,414 (1,211) Jnl.erco.- ,.._r&aI 88,052,968 73,609.032 (I.c,443,936) 1DIcrat 4.833,000 9,575,420 4,742,420 Sale oC'Disttict Propaty '28.672 '21,1572 RdUDd oC'Prior Yean Expenditures 28,631 21,631 0Iher 193.573 193.'73 Total Revenues 129.827.501 121,141.932 (1.615.'69) EXPENDmJR.ES Cumm 0pcra1inc Administratiw 1.893.997 1,330,293 563,704 CAIItNdion and Land Management 11,474,873 4,384.016 1.090,717 OpcntiOCll aod MaUunancc 799.800 553,006 246,m Ecocystcm R..cGon1ioa 8.659.671 ',940,727 2.711,944 Capital Outlay 236.181.171 112.83l,Sll 123,342.590 DdIt Service Priacipal Retin:maIt 1.330.000 215.000 1,115,000 .lDIcral aod Other F'-=aI ChatJ:a 3.662.193 2.951.479 704.714 Rcocrws 3.3 76.845 3,376....5 Total ExpcndilUrel 267.378.550 128,219,172 139,159.371 R.evcmaea In Elu:csa oC (Lea Than) Expcnditul'a (I37.~ 51.049) (7,077,240) 130,473.109 OTIIER. FlNANCINO SOURCES (USES): 0pcndiDc Transf'as In 26,393.581 16,689.623 (9,903,9") 0pcndiDc Trar.sfas Out (9.71'.3 72) (9.09'2,196) '23,176 Proceeds of Bond 1sIuance 3~.967.98S 34.967 ,911 Total Otbcr F'manciDc Sources (Usa) SI.846,197 .c2,S6S,415 (9,2IO,m) RcvaaaeI and Otbcr F'JMnCin& Scuta (UICS) In Exaa cl (Lea Thall) ExpcndituRS IS85.704.152) $35.481.175 5121.193.017 IIl.32 --...---.' I I I I I I I I I I I I I I I I I I I 1 6G 3 AGENCY FUNDS Agency funds are maintained to account for assets held by the District in a trustee capacity and/or as an agent for individuals, private organizations, other governments and/or other funds. Deferred Compensation - To account for the accumulation of resources to be used for certain payments to employees as defined in the deferred compensation plan. Resources are contributed by the District and employees. Payroll - To account for salaries and the various withholdings and employer contributions of the District. Resources are provided by each District fund which has employees assigned to it. IlI-D Eabibd E-I 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGE.....Cy FUNDS COMBINING BAI...A1'CE SHEET SF.PTEMBER 30. 1996 AND 199' DEFERRED COMP~SAnOYO; TOTAL PAYROLL 1996 J'lY5 AS.SEIS. TOTAL ASSETS SI5.387.564 $7.742.077 $7,869,086 15,260,555 S23.129.641 $7,016.759 11.6'1,969 $18.66l. 721 Pooled Cash and InYCItmcrJII DcCcrred CompmIalion lnvaunnrts SI27,OO9 1S.260,555 $7.742.077 11ARn .mF.S kcounIs Payable Dcfcmd Compensation S $7,742.077 $7,742,077 15,387,.564 $6,917,2S:1 11,751,0446 15,387,564 TOTAL UADITmES SI5.387.564 $7.742.077 $23 129.64\ $11.668.721 III-34 ::::: /. :' .',' '; >, ,:,',,:! ,': .:', ,:' <,: ':? :';:,.,~, ,,:: :'..:: ,:: ::::: :,:,,', /,'; ) :' ii" : " I I I I I I I I I I I I I 1 6G Exhibit t-2 3 soum FLORIDA WATER MANAGErvfENT DISTRICT AGENCY FUNDS COMBiNING STATEMENT OF CHANGES IN ASSETS AND UABIUTIES FOR TIlE YEAR ENDED SEPTEMBER 30. 1996 DEFF.RRF.D COMPENSATION PLAN BALANCE OCTOBER I. 199' BALANCE SEJ'TE).IDER 30.1996 ADDITIOl'S DELETIONS ASSETS Poolccl Cash Uld lnvcstrnenlS Defcmd Compensa1ion lnvestments S99.477 $6.572.079 ($6,'44,547) 5127.009 11,651.969 3.617.437 (8,8'1 ) 15,260.555 511.751.446 SlO.18?51~ 1$6.'53.391) ....m..~ SII.7'1.446 56.731,729 ($3.102.611 ) S 15,317.56-4 S11.75~ $6 738.7l2. (S3.IOUJJ..) S15.317 ~ TOTAL ASSETS UABlUI1ES Defcmd compensation TOTAL UABIUTIES PAYROLL ASSETS Pooled Cash Uld lnvesuncnts $6.917.282 5237.2'8,366 (S::36.433.S71) 57.742.077 S6917282 S237.258.l~ ($236433 571) 57.742077 $6.917.282 $ 136.236.426 (S13S,41 1,631) 57,742.077 $6.917.282 S136.236,426 ---,S 13'.411.63 I) $1.742077 TOTAL ASSETS UABlLITlES Aocounts Payable TOTAL UABILIT1ES TOTAL ALL AGENCY FIDlDS ASSETS Pooled Cash and lnvestments Defcmd Compmsalion lnveslments S7.0 I 6.759 S2-13,830,4-15 ($242,971,11 I) $1.169,086 11,651.969 3,617,437 (U5l) 15,260.555 518.668.728 S247.447.Ul. ($242.986 969) m.I29.641 $6.917,282 S \36,236.426 (S13S,411.6J1) $7,742.077 11,751,446 6,738,729 (3,102.611) 15,317.~ ~11.668.72S S142975 155 --LU~8.'14.24:Z) m 129.641 TOT AI. ASSETS UABlUTlES I I NcouDIS Payable Dcfcmd Compensation TOT AI. UABlLITlES I I I I m-3S ." ': . ,:) -;' .,' >',!.' /.:~ r>;':';; 'r; ,';' !~ ',:f' .::' J. : "':,i:,., ,::, ':( . ;,': :h:" I 1 6G 3 GENERAL FIXED ASSETS ACCOUNT GROUP General Fixed Assets are those fixed assets used in governmental fund type operations. These exclude assets accounted for in a proprietary fund. To be classified as a fixed asset. a specific piece of property must possess the following attributes: (1) be tangible in nature, (2) have a life longer than one year, and (3) have a value of $500 or more. II1-36 --- --",,,- \ I I I SOUTH FLORIDA WATER MANAGEMENT DlSlRICT GENDlAL ~D ASSETS AcCOUNT GROUP COMPARATIVE SCHEDULE OF OENERAL FiXED ASSETS BY SOURCE SEY1'EMBER )0, 1996 A."ID I99S I -----1296- S)F:NEll Al I'T'J(F.D A..C;SEt'S I I I $411.926,970 3',114,397 73,688,279 10,013,353 409.252.'48 832,600 1.=d Build&np Eq.Jipmcd bliP' 0'__ WakI' ConIroI Slr\ICtW'CS ConstnIdicn In Procas $940 838.147 ~~ IN GTh'F.RAI. FTh'F.D ASSF.TS BY SOURCE. I BondIlIIlllN- Capital Budget Appropriation Stale l'rop'ImI Dooa1iclII Olber Fmaocing Uoc:\aslIifICld . Fixed AssdS Acquired Prior to 1991 $49,",'9.929 177,83'.651 312,821.245 15.361,649 14.422.926 370.929,739 I $9408311 \47 I I I I I I I I I I m-37 16G 3 EsbiblI F-' 199' $314,936,714 )0,990,376 67,449,123 1.417,331 4o.t,661,770 6,477.647 sa32.933 731 $47.732.%7S 147,160,691 226,14'.56' ll,231,443 13,361,063 317,301.61' Sl31-n3 m :z j ~ it . 'II ~ t ~ S 0 8 ~ ~ ~ ~ ~ o >-! < J:Q- ~ e~ ~ ~m ~ ~~ < ~ ~ ~ o ffi Ii 0 ~ ~ 5 ~ r/) ~ :I: () c;) II ~~ ~ ~ . .. .. .. ~\ 1 ~. &.~~.E'~'~'S'~'~1 "';::l"'!'!~:!"'''''''' ~ ~~~p::.~..n~ f"'\ lID __\0 ~ ;; ~ ... 1 ~ I . . . . ~. , I '\ N ~ ... ... I ~ f"4 .....0 '" ,... ....N,... 00 . 0 I f"'\"'" r"\ . . g- ...; ....,;r"4 "" 0 001) "" ..: .0 ... J ",~",,,,,,,00I)""~ ""'CS,...N-.....'"0 ~,.;~~~~~".;. ~N~~~~.~.... f"'\ - 0\-'-0 "" N ... I - too- ~.,.. '" ... "" - I t-- DO \0- .. .. . . . . . .. "" _N 10 W"\ -I""" - ... ... 0\ ..:,.' I M - ~ o I , '~. . , .. '\ I \ . ... I~-r -..... j I ,~ . ~" f ....... 1 6G 3 ~\ ~I ,1 ",I ...1 ..... ~ 1 ~ ~. ~ 1 I ~ I .1 3 li] j g 1 ;zll~ ..s .- ;; :; ..: & 8 i .~ ~ ~ 5 c .- 11Jliliii ~ II1-38 :, >. .~ .; ; \ ; ~) :;::':": 'i:, ::'.., \\:< ': '!":, i'i;; ~: ";; ,;:;, :,J. ,.' '" 1: " :: ..,: I I I I I I I I I I I I I I I I I I I :z i ~ i~ 1 1 ~ ~ 5 ..: f-o 0 u ~ S 6s: 23 5-. ~~ !Z )oe1 ~ C%l!E UJ ,@ ~ EIIl ~ ~~ ~ ~~ < ~3 ~ 1Il~ < i5u g 0", 02 a:Li: o ~1Il ~ oi: i: ~&..: ::::> 02 o 1&0 rI) 0 ~ :I: U '" lij ~\j)-""-~""-':>~ '" .... .... " '" ... ~ \ oO\-oor--"O .0 ...; ~ 00 Q .; '" ...; ....\ MC"4_\OQ\ONW'\t""'l llG. 0", '" _.~.. .... tit') f""\ \() __'4 '" - '" '" ... ... J ~8~~~gi; ~oci ~ "".QIl..\oO.."'~ f""\.. I =~::n~~~~:!.. W"I...... ~:!:.eM o. ......... - "'- ~ ..... j ~ "'. - , , <:> ..... '" .... "., .. I ~ . t ... -.:> r:;; ,~ 0: -' ~ J ~ ~ M S I "'l. . :. , 8:, . E. ' " - ..... '" ... ... - ..... ~ ... I ....~N1(l'\"'M'""'OO... .. OO_ClO~\D""'\O OQ ..-'-OIriO-C"4fl"'1- "':oO"':"';Nr:.,;.-C; Qlo. "'""....0-..0--,... N 0\ ...,.",,0\ 00 ~ ~ ~ .; .......f""lOONf'''O'''..... ~, ~. ~, ~ s;, ~. ~. s. ;:So ~~0i~;o8~;J:: \O..-f""\C..-.~O\.. .... 00 00-0-\0 '" .... - "., '" ,., ... I ~ I l .-~l! ~ - :ill: tt c 1 ~lllll .5 .!it g :; c.: ~ c i .- g ! ~:I .5: )-6" 1 j .g 'lI i:i .~ i .! =!)i., 1i li - Oll ~ Ii 6u~ ~ClI:E:U ~ 1II-39 1 6G 3 ~I ~I i "'I ~ ~ '- 1 6G 3 GENERAL LONG-TERM LIABILITIES ACCOUNT GROUP A self-balancing group of accounts established to account for the unmatured portion of special obligation debt, compensated absences and other general long-term liabilities. :* IIl-40 I I I 1 6G sourn FLORIDA WATER MANAGEMENT DISTRICT 3 ' Eailil GoI GENERAL LONO- TERM UABIUTIES ACCOUNT GROUP COMPARATIVE DAI.ANCF. SHEET SEPTEMBER 30, 1996 AND 1995 I _-L~ 199' I MfOllNT iO BE PROVIDED FOR RETI~EMnrr OF UlNa. TF.RM llABllInES JU4.069\'2\ S\50.'~ 000 I pI'NFRAI.1..QNG.TF.RM UABII mES I I Land Acquisition Bonds Sericsl993 (Exhibit G-3) Series 1995 (Exhibit G-4) Series 1990 (Extu'bit 0.5) SJ5,83S,ooo 17.97S,OOO 35.000.000 $36.0S0.OOO 17,97',000 88,810.000 54.0'25,000 0Ihcr Liabilities 24,155,000 87.059.000 I Capi~ Lc.asc 774,121 Compc:nsatcd Absences \ 0,330,000 9,500,000 I S124.069.121 $1 SO.$l4.OOO I I I I I I I I I III -41 ,....----.-- ..- -r I'll" --_. ____..._ .dl. -" b... r -~...-.__..._---- I ! E:Ahibil G-1 1 6G 3 SOUTH FLORIDA WATER lv1ANAGEMENT DISTRICT GENERAL LONG-TERM UABILITt'ES ACCOUNT GROUP COMPARATIVE STATEMDIT OF CHANGES IN GENERAL LONG-TERM UABnmES FOR nm YEAJl,.S ENDED SEPTEMBER 30. 1996 AND 1995 1996 1995 Balanca as BePMins of Y C2I' ~,584.000 SIO.I13~ Additiaaa: Series 1995 Land h:quisition R.dundina BondI 17.9'7',000 Series 1996 Land Acquisition BondI 35.000.000 C<<npcns&t.cd AbsenCeS 130.000 706,000 Capiul Lease 822.470 0Iher Uabilities 70,530,000 Total Additions 36.652.470 89,211,000 Rc:tircrnczU of Land Acquisition Bonds: Series 1986 . Scheduled Paymcnl (l,o.t'.OOO) Series 1986 . Defeased (11,11.5.000) Series 1993 . Scheduled Payment (215,000) (210.000) Olbcr Reduaions: Capital Lease Paymcnl (41,349) Olhcr Liabilitiea (62.904.000) Total Reductions (63,167,349) (19,440.000) J3&I.IIxa at ElId of Y u.r SI'24.0691'21 11~ n4.~ 1I1-42 I 1 6G ~().) I SOU11l FLORIDA WATER !\1ANAGEMENT DISTRICT I CENtRAL LONO- TERM UAB1LmES ACCOUNT CROUP SCHEDULE OF SPECIAL ODUGATIOl'\ LAND ACQUISITION BONDS SERIES 1993 AT SEPTF.MBER 30, 1996 I PRJNCIP At PAYMENT I1'ot'TERf.ST PRn'CIPAL BAI..A.'lCE I DATE P A YME~" PAYMEr-,. ~OtJl'ST A.'l:Dr,.;O f 10/01196 92',:26 2:0,000 35.61',000 o.t/O 1/97 921.101 35,615,000 I 10/01/97 921.101 230.000 35,385,000 04/01/98 916,501 35,385,000 10/01/98 916.501 240,000 35,145,000 04/01/99 911.401 35,145,000 I 10/0 1/99 911.401 2'0.000 34.895,000 04/01/00 905.901 34,895,000 10/01/00 90',901 260,000 34,635,000 04/01/01 900,051 34.635,000 I 10/01/01 900.051 270,000 . 34.36'.000 04/01/02 893.841 34,365.000 10/01/02 893.841 28'.000 34,080.000 04/0 1/03 887.144 34,010,000 I 10/01/03 887,144 295.000 33,785,000 04/01/04 880.064 33.78',000 10/01/04 880,064 310,000 33.475,000 04/01/OS 872.<469 33,475,000 I 10/01/0' 872.469 325,000 33.150.000 04/0 1106 864,344 33,150,000 10/01106 864.344 1.860,000 31,290,000 04/01/07 817.844 31.290,000 10/01/07 817.844 2.815,000 28.475.000 I 04/0 1108 747.469 28,47S.OOO 10/01/08 747,469 2,955,000 25,520,000 04/0 1109 669.900 2S,S20,OOO 10/01109 669.900 3,105.000 22,415.000 I 04/01110 '88.394 22.415.000 10/01/10 588.394 3,275,000 19,140.000 o.t/Ol/11 502,42S 19.140.000 10/01/11 502,42S 3,44',000 IS,69'.000 I 04/01112 411.994 IS,69S.ooo ). 10/01112 411,994 3.630.000 12,06',000 04/0 11\3 316,706 12.06',000 10/01113 316,706 3,81',000 8,250.000 I 04/01/14 216,563 8.250,000 10/01114 216.563 4.020,000 4.no,ooo 04/0111 5 111,037 4,230.000 10101/15 111,037 4.230.000 I TOTAL $27,595.'24 S35.83'.000 I I I I III -4 3 ';,,:'~: " < :;" ':-:,' "> ,:, <;' '" ,: ' .! .:,::,::,' ,:::' I ,'" : Exhibit Q..4 1 6G 3 SOUTH FLORIDA WATER MANAGEMEl\.'T DISTRICT GENERAL LONG- TER.\l UABIUTlES ACCOUNT GROUP SCHEOULE OF SPECIAl. OBUGATION LAND ACQUlSmON OOl'<OS SERIES 199' AT SEPTEMBER 30, 1996 TOTAL PRIl'\CIP Al.. NrEREST PRINCIPAL BALANCE PAnlE?-o'T PAYMENT OUTSo, Ar'OI~Q 403,080 1,180,000 16.79'.000 381,2'0 16.795.000 381,250 \,290.000 15,505.000 356,095 15J05.ooo 3'6,095 1.345.000 14.160.000 328.523 14,160.000 328.523 1.395,000 12.76~.000 299.228 12.76S.ooo 299.228 \,780,000 10.915,000 260.958 10.985.000 260,958 1,850.000 9.13'.000 219,332 9,13',000 219,331 1.940,000 7.19~.000 174,712 7.1'J~.000 174.712 2.025,000 5,170,000 127,125 5,170.000 127.125 2.12'.000 3.045.000 76,12' 3,04'.000 76,125 2,220.000 125.000 20.62S 125.000 20,625 82',000 $4.891.02' SI7.975.oo0 PAYMENT OATE 10tOl196 0410 1197 10tOI197 o.ttOll9 8 10101198 o.ttO 1199 10t01199 04/01100 10/01100 o.t/O I/O I 10/01tOl o.t/Ol/02 10/01102 04/0 1/03 10/01/03 04/0 1104 10/0 1104 0410110' 10101105 04/0 1106 10101106 II1-44 \ I 1 6G 3 I I SOUTH FLORIDA WATER ~iANAGElv1ENT DISTRICT GENERAL LO!l:o. TERM UADILmES ACCOlJ1\'T CROUP SCHF.DULE OF SPECIAL ODUGAT10~ LA."D ACQUlSITIOS OOI':OS SERIES 1996 AT SEPTI.MBER 3Q. 1996 I PAYMENT DATI. PRINCIPAL INTEREST PRI!I:CIP AL BALA.1I,/CE P A \'Mr.~'T P A YMEt-.'T OUTST ANDtNG 906,202 :\35.000 35.615,000 900.173 35,615.000 900.173 2.010,000 3,,311S,OOO 860.977 3S,385,ooo 160.977 2,080.000 3',14',000 817.818 35,145,000 117.811 2.175,000 34,ll?S,ooo 769,967 34,ll?5.ooo 769,967 1,94',000 34,63S,OOO 725,719 3'1.635,000 725.719 2,040.000 34,36S,OOO 677,778 34,365,000 677.778 1.22'.000 34.080,000 648.379 34,080,000 648.379 1.290,000 33,78'.000 616.774 33.785,000 616.774 \.34'.000 33,475,000 583,149 33.475,000 583.149 1.420,000 33.150.000 546.939 33.150.000 546,939 1,480.000 31,290,000 '08.4'8 31 ,290.000 ~08.4'8 1.56S.OOO 28.475.000 466,59S 28,475.000 466,595 I.64S,OOO 2',S20.ooo .c21,769 2S,S20.ooo 421.769 1.740,000 22,41'.000 373,484 22.415,000 373,484 1,830,000 19.140.000 321.786 19,140,000 321.786 1,935,000 15,69',000 266,ISS 1'.69',000 266,155 2.04S.000 12.06S,ooo 206.850 12,065,000 206.850 2.170,000 8,250,000 141,750 8,2'0,000 141,750 2,29S,OOO 4.230.000 72,900 4,230.000 72.900 2.430,000 S20.761.04t S3'.000,ooo I 10/01196 04/0 1/97 10/01/97 04/01/98 10/01/98 04/0 1199 10/01199 04/0 1100 10/01100 o.tlO 110 I 10/01/01 04101/02 10/01102 04101/03 10101103 04101104 10101104 04101105 1010110S 0410 1106 10101106 04101107 10101107 04101108 10101108 0410 1109 10/01109 04101110 10101/10 0410 1/\1 10/01111 0410 1112 10/01/12 04/01113 10101113 04101114 10/01114 04/01/15 10101/15 I I I I I I I I I I TOTAL I I I I I11-45 1 6G 3 i II i I i I \ I 1 I 1.... I :. I , I , I '. I : I ;. I . I .' I '~ I I I I I I I 1 66 3 STATISTICAL SECTION r. r- i I I I I I ,'/ I .r I I I I I I I I I I I I I I - __ _' ____ I~_'_- :. -- I -: SOUTH FLORIDA WATER MANAGEMEN'T OiSTRIC:. ~..- --_.~.- 1 6G 3 EXHIBIT H - , ANNUAL .k INCREASE IN POPU\.ATlON Source: Univmity of Flcrida Bureau orEcaxmic and Business resc:arc:h Population growth dwing the 19905 is expected to be slower than was experienced in the 19805. "This decline is due: to a decrease in the number of individuals in \he U. S. population who typically move to Florida: people reaching rctimncnt age and those in their twenties. Despite this moderate slowdo\\n in population growth, South Florida will cootinueto be ooe oftbe fastest growing areas in the United States. DEMOGRAPHIC INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 3.5% 3.0% 2.5% 2.0% 1.5% 1.0% 0.5% 0.0% 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 County 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Broward 1,180.985 1,213,655 1,242,448 1,2S5,488 1,278,384 1,294,090 1,317,,'m 1,3-40,220 1.)64.161 1,c,218 Charlotte * 416 439 445 451 462 470 43J 48S oCS'7 481 Co \lie r 126,631 134,401 144,121 152,099 161,600 168,514 174,664 I SO.s.co 1~ 193,201 Dade 1,802,427 1,838,183 1,868,355 1.937 tl9S 1.961,694 1,9ta..901 1.951,116 1.990,445 2,013,821 UDS,19S Glades 7,357 7,493 7.765 7,591 7$11 &,135 &,269 8.,366 a,:i51 &,822 He n dry 24~ 2S ,457 26.138 2S ,773 27,231 27,844 28,()61 2S{JM 29/117 30,056 High lands* 6,138 6,412 6/J74 6.610 6,349 6,999 7,101 7.358 7/85 7,6SJ Lee 293,713 J(J7 ~26 324~20 335,113 344,ro2 350.,809 3S7~SO 367,410 376,-;m 386,)18 Martin 88,964 92,436 96,636 100,900 IOJ,(l83 IOS,ro 1 106, 7SO 110,277 112,t06 115,9()4 Monroe 74~23 77{m 78,966 78f11.4 79~ 80,968 81.766 S2,2S2 13 ,401 14,;39'2 Okeechobee "" T1,745 28.762 29 ,342 29,Q34 29.563 31,102 31.758 3232S 32,SS5 3JJQO Orange"" 111.560 115,274 120,924 125,271 129.739 131 ,B38 134,639 1~1 140,408 143,221 Osceola* 87,IOJ 93~55 97,100 107,171 114.411 119.760 125,675 131,111 136,62'7 142,l6i Palm Beach 7R9~33 831,146 864,194 863,51& tlSJ,p44 896,970 918.,223 937,190 ~ 983~ Polk"" 10,882 11,200 11.492 11 ,339 11.612 11,7&5 IUDS 11.242 12.408 12,Q": St Lucie 128,381 135.296 143,214 150,171 155,121 158.,937 163,192 166,1lO3 171,160 175~l: Total 4,760,930 4,918,238 5P62.934 5.18S ,648 5,294,283 5,376,153 5,418,827 5.sn.s91 5,638,922 5:139:;0 ~nual % Increase 3.14% 330"'" 294% 2A2"", 2.09 "'" 1.55"'" 0.79"'" 2JO"", 1.92 " 1.78 "'" 1V-1 . Amounts shown repn:lICIlt population only for the portion of the county within District bounduies. .P_W_W__.._._ ________ ____,___W_____________--.--- ------'-- EXHIBIT H-2 SOlITH FLORIDA WATER MANAGEMENT DISTRICT DEMOGRAPHIC INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 70 65 60 5' jso 45 40 35 30 1m 1988 1989 1990 1991 1m 1993 1994 1995 16G 3 ANNUAL RAINFALL Source: SFWMD Meteorologist - Normal Rainfall 1-."..1 Annual Rainfall 1996 In the flest four years following the drought which ended in 1991, the District has reechoed rainfall which was slightly higher than the historical average. For the current fiscal year rainfall corresponded \\ith the District's histocical 3\'erage. Annual Rainfall 1987 50 1988 43 1989 43 199J 43 1992 54 1993 5S 1991 58 iV-2 199-$ 57 1995 66 19')) 52 _",,' . " " ""':.'.,,....:' :..i.:.'..~.>'.'.::...,...\".: 'j' Ii....'; .,:.,:'. ,,' ,'. ,........ ,.,.... 1,'\ '. .'. ....1'. '. '. \..0.1 \"..'..,.,,' .-. ,\ .,,' " '. ,\ .', ,,,:' L' ' , ~,' ,,',>;' !.>" ).. ;, 'i j'': ii",:'};; , ..,:; if .;.;. ,',,', ',: . : "::' ~ ',:: ,~,>" ::;, ,'", ',,: ',; :,:. :: I I I I I I I I I ~ I I .. I I 1 6G 3 SOUTH FLORIDA WATER MAI~AGEMENT DISTRICT EXHIBIT H - 3 DEMOGRAPHIC INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 RESIDENTIAL WATER USE 1,200 1,000 >- III 0 800 lii 0- If> C .2 600 ro ~ c 400 ~ ~ 200 0 Source: SF\\1.1D Water Use Di\;sion 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 The challenge of managing South Florida's water n;';<lurct:, while providmg li..lr growth m;cJs "fthe future makes the use and conservation of water a major indicator to gauge. The Increase in residential watl:r use is proportional to the jl:fowth in population of the District. I Co un ly 1987 1988 191\9 1990 1991 1992 1993 199.& 199~ 1996 Broward 217.20 223 .21 2~.~8 2~J .82 237.29 2J618 2J6.37 2J9.10 2-19..&1 23t.76 Charlotte. 0.07 0.08 0.08 0.08 O.o? 009 0.09 0.09 0.09 009 Colli"r 2281 23.93 25.JO '27J~ 28.75 31.12 32.66 3).02 3.&.37 35.16 Dade 335.68 ; JO.66 3J7.~ ~ ~5~.1 ~ 366.11 370.80 36-U6 368.89 ~.91 3709~ Glade. 1.35 \J9 1~2 1.47 1.43 U3 US 1.56 l.5a 1.61 II" n dry 4.~ ~.6-l ~.Sl 4.9-1 4.87 51J ~.25 5 _'0 5..ao H7 With la n <if, . 1.10 1.16 \.21 1.26 1.25 \J2 \.33 13.& l.3a IJ9 L<>~ 5H2 55.51 5812 6 \.33 633J 6625 66.86 67.60 69.16 70.31 Marhn 15.87 16.81 IU7 18.26 19.07 19.85 1997 20.19 20.76 2\.09 Monro. 13.70 14.08 1~.5~ 14.92 14.75 15.32 1'.29 15,.16 1'.56 15.59 Okee"hobe". J.91 5.2~ 5.+1 5.55 5.49 '.69 5.9-1 6.00 6.06 6.16 Orenlto. 20.19 2108 2179 22.85 23.68 24.98 25.18 2'.-'6 25.61 2607 0."0011,. 15.~2 16.46 17 6R 18_~5 20.26 22,03 23.50 23.76 2512 25.17 Palm Beach IJ2.15 1~92~ 15709 16;3; 16320 170.05 171.71 173.61 17s.&3 1".91 Po lk . 2.00 2.06 ~.I: 2.17 2.1~ 2.2~ 2.25 2.2S 2..29 2-.'0 St Lueie 23.00 2~2(o 2557 27.07 28.38 29.87 30.52 30.8S 3 J.52 320~ Tot..1 ~Hllion GaUons Per D..y 872.41 899.79 929 SS 95687 91lO.IO 1,0\ 2.56 1.013.33 1.024.51 1.033.12 1.1>>412 I I I . ArnOlmts sho\\n represent residential VI'aler use ('Inl\' for the portion ofthc county Vlilhin District boundaries. I IV-3 I :;: '.' \;>:;':;. ~:;.'< .1:;:J;';,j) t;'~.;. ',':;:,::.:~>l:':. ,:. :.' " ..iC:,.,'.. : .r, :,..; :,':~ 10% 011 0% u \" 0 ~ 0 6% ~ '0 Ol l'l 4% C U a:; a. ~ 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT H - 4 DEMOGRAPHIC INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 r-- UNEMPLOYMENT RATES Source Flonda Statl~l1cal Abstract. Flonda Departmenl!.,r Lah,'! .U1J Emplmmenl Securn o Dlstnct A\'cfar'-' . Flonda A,'er:lj:c' D US A\'eragl' 0% 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 The DlstrlCt. as:l whole. has expencnecd a conslstentl\, hIgher unemplo~mcnl ratc than both Flonda and the Unilo:d Slates Although the \)lstnct unemplmment rate remamed steady In 1996. the changes in the unemplo~mcnl rales vaned from ':"lffity tel counl\ The range llfralt:s In 19<)6--from 28% In Monroe County to 22.3% in Hendry Counl\'--IS mdicati\'e of the dl\'cr",: nature of CCllllomie cllndlltOnS wlthm thc Dlstrict's sIxteen county cxpan~ l.~ounty 1987 1988 1989 1990 1991 1992 1993 1 ~j9.1 1995 1996 Browarc! 42% 4.1% 5.1% 55% 7.4% 69% 63% 6ii% 59% 5.4% ('harlo\tp 4.4% 42% 4.8% 5.4% 7.2% 7.2% 72% 62% 55% 45% ( :ollH'r 49% 4.3% 45% 55% 75% 73% 10ii% 11.6% 9ii% 8.7% [ICldl' 5.8% 5.4% 6.4% 6.7% S.7% Sii% 71% 82% 72% 7.7% ';hd,,~ 7.4% 7.7% 8D% 9D% 8.4% 89% 15.1% 11.8% 89% 12.1 % i I('ndry 112% 115% t~1% 12.8% lJ.7% 13.8% 19.7% 22.4% 20.4% 22.3 % III1:h Ian d~ 61% 5.8% 6.6% 8D% 8.4% 89% 11.5% 129% 12.1 " 11.6% L.", 3.8% 3ii% 39% 4.4% 6.4% 7.0% 5.7% 55% 5.1% 3.8% ~larlln 59% 5ii% 6.3% 73% 9.8% 9.8% 8.8% 75% 73% 79% tllonrol' 2.8% 2ii% 3D% 3.4% 4.4% 4.8% 3.7% 39% 4.1% 2.8% ( lkl'('chotl<'1' 8.8% 79% 8.8% 91% 10.3% 109% 12.0% 13.3% 13.5% 14.0% ( )rangp 4.7% 4ii% 5.0% 5.4% 6ii% 63% 5.8% 5..8% 4.7% 3.9% ( ),,('pola 45% 4.3% 52% 5.1% 6.7% 8.0% 5.7% 59% 49% 3.6% Palm BI':tch 5.4% 5.0% 6.0% 6ii% 8A% 8A% 9.0% 9.5% 7..8% 8.3% Polk 9D% 8.0% 85% 9.8% 10.1 % 9..8% 10.8 % 99% 8.7% 92% 81 LUCll' 10.3% 8.8% 99% 125% 13.8% 14.2 % 159% 175% 16.0" 18.3% DIstrict Ave rage 62% 5.8% 65% 7.3% 8ii% 82% 7ii% 82% 7.2% 7.2% Florida 53% 5.0% 5ii% 59% 7.3% 7.2% 6.8% 69% 6.0% S.6% l.'nlll'd Statf''' 6.1% 5.4% 52% 5.4% 6ii% 7.0% 6.4% 5.6% 5.4% 52% IV-4 f: " ;.", ,.-, '. " ';,' ,.f',:')",: ~f:'>(~ ,;:,C :. '. .....:::,' ~ ':' ". < .:,. 't" :i:,':::~; ::: ... ',::' ;, :<, ,,-.' :',~ I I I I I I I I I I I i " I I I I I I I I 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT H - 5 $25 $20 ~ $15 c: III III ;:, o ~ $10 --- $5 - so DEMOGRAPHIC INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 -T PER CAPITA INCOME Source UlU\'csny of Flonda Bureau of EconomIC and Bu.'IU\c~s Research Data is una\'ailable t,'r 1995 and 1996 ; .~. .~. ,:', o Dlstncl A\'Cf<l!!l' . Florida A\'cTaf': D lJ S A\'erage 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 The a\'erage District personal income per capita is slightly higher than Ihose of Florida aM the United S~lles. Each ofthc si.'1een counties has e;o.;pcrienced sleady per capita income growth over tile len year period. "The District's average aMuaJ rale of growth in per capita income, ranging from 1. 9% 108.9%. has kept pace \\ith national and stale indicalors. Count). 1985 1986 1987 1988 1989 1990 1991 1992 1993 Hl9~ BrOVo'1Hd 17,152 18.004 18.970 19,842 21.512 22,393 2:.479 23.135 23 Jl.lO !-l.706 \"harlottl' 13,690 14,58: IS,078 IS.721 17,371 17 ,527 17 ,432 17 ,S4 7 18.012 1 8.977 Co Uic r 18,370 20.067 21.969 2-l.675 26.628 27.672 27.084 26.621 29.237 :10.906 Dade 13.762 14.383 IS,I83 15.815 17.os2 17.692 I 7,%.1 17.340 19266 20.014 c; la(l('s 8.361 8.837 9199 10,6Q9 11.655 12.324 12.837 13.354 15D97 14.789 Hendry 12.519 12.640 13.673 14.921 15.90S 15,629 17.008 17,069 17,174 17.82.3 Illghlands 12.156 13,142 13.459 14280 15.377 IS,576 16.060 16Zl6 16.541 17.65S Lee 14.2:8 1 S.263 16,119 16.918 18,775 19,583 19.769 20.3S-1 209C17 :2.053 ~lartin 19.052 20,433 21.770 23,766 26,(:b1 28.712 29.058 29.795 30.256 _\1 .996 ~Ionroe H .m 15.716 16.903 17.s:!0 20,183 2 \,448 21.779 21.s:!6 23,5s::! 25.160 f >k....('hoh".. 10.104 10,795 10.938 11,606 12,419 12.928 132M \3,-lIO 14.227 15.162 (lran!!:l' 14.078 14,870 I S521 16.400 17.301 17.916 18.166 19.138 19tm :0.469 f )~(...ol:t 11.733 12,520 13216 13.613 14.361 14,712 14.597 14,988 15.379 16;,56 I'alm Hea('h 20,121 2 \,485 22.883 24.192 26.620 29.322 30.4lS 31.0:8 32;!30 33.518 Polk 11,7~ 12268 12,948 13.863 14.961 15J66 I S .606 16.194 16.858 17 .834 St Lucie 11.525 12,141 12.7S7 14.067 14.903 15,181 IS.391 IS,766 IS,m 16.48:1 Dlstrl<'t '-\vera!:c 15,055 IS,788 16,960 18.IM 19,787 20.917 21.406 21.814 23 .asS :4~ Floridn 14.218 IS,041 IS,796 16.640 18.024 18.906 19293 19.797 20.650 2 I.65S l'nll..c1 States 14.1S5 14.906 IS.638 16.610 17,690 18.667 19.163 20,105 20.800 :1b96 IV-S ,~ j 1 I I ~ 1 i , SOUTH FLORIDA WATER MANAGEMEhr BI~RIJ $200 Sources County Property Appraisers EXHIBIT H - 6 GRAPHIC INDICATORS RS ENDED SEPTEMBER 30 S300 I ---.----- $267 $256 ASSESSED VALUE OF TAXABLE PROPERTY .-.....-- -------- I $250 - --'---.-.----- _. . ...-.---.--..-- I VI C ~ $150 iii S100 S50 - so - 1988 1989 1990 1991 1992 1993 199~ 1995 1996 \997 Since: ad \'alorem laxcs rcprescnt the largest ponion ofrc\'cnue for the District. the trcnds m property \'alue asses~ml.-nts arc:: an Imponant gauge of fiscal stability_ For fiscal year 1997 the assessed \'alue ofta.,<able property grew by 5.06%. The: slow i! grO\\th in 1993 and 1994 was atuibutable to a decle in the \'alue of commercial property due: to high \'acancy rates. 'j; 1988 1989 ~ SI72:-t29 SIBS 1990 199\ 1992 1993 1994 1995 1996 1997 $2QS 627 $22S J 92 S239 (l8S S240.m $2.4\ ;714 $255 ti61 ';}1j1 !tr7 S2.8 Ul2.5 :t Tot.al Asse~d \'a1uc. (:\Iillions) Annunll'ercpntalW Increm'(' 7m1- 7.33,.. 11.11"" 9.51"" 6.44"" 0.35'11 049% 5:n'" 463" 50s':'. . Assessed \'aluc for each fiscal ycar represents the assessed \'alue as of January I sl of the prior calendar year. For exanlple, FY 1997 rcprcscnls the assessed value as of January I, 1996. IV-6 I I I I I I I " I 5 I I I I ',\ I , I I I I I I . I r '. .;..,.". {" , I, , ,..... '. ~ I ..j 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT H - 7 DEMOGRAPHIC INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 $SO ASSESSED PROPERTY VALUE PER CAPITA $40 $30 .. "R j ... $20 $10 $0 1987 1988 1989 1991 199~ 1993 199~ 1995 1996 1990 The 2.8% increase in the assessed property value per capita in 1996 over the 1995 level indicates that the growth in assessed property values outpaces the 1.78% popul3lion grO\\th for 19% This indicator measures the responsiwness of the lax base to changes in economic conditions. 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Totel AUe5sed V.lue (}..lillions) SI~9,820 S 172.429 $185.070 $205.6"7 $225.192 $239.685 $1.\0.532 S2~I,71~ S:!5 5.66 I s:$7,~17 Popu l.tion (Thounn ds) 4.761 4.918 5.06> 5.186 5294 5~76 5.419 S.s33 5.639 ',740 ssused Property Velue Per C.pite $)3.569 $~~.061 $~6.m $~9.6~O $42.537 S-l-l.~84 $.l.l~'87 ~J.6S6 $.IsJ). S-l6.6O I Annual S Increose (Decreosc) H.... ~.~.. ..l.'::'Oo 8.~o. 7 J... 4.8-. (O.~~. ) (\.6%) 3.11% 2.1% IV-7 ~ 1 6G 3 4 SOUTH FLORIDA VvATER MANAGEMENT DISTRICT EXHIBIT H . 8 DEMOGRAPHIC INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 12% 1()'l(. """"'J mmH::: 8"", 6% 4% 2'l(. O'll. - 2'lIt ..% 19&1 19&9 1990 1991 1992 1993 1994 1995 1996 1997 ASSESSED TAXABLE PROPERTY VAI.UE CHANGES BY COMPONENT Source: SFWMD Budget Office I::::J Reassessments . Net Addlions. Because ad valorem taxeS represent a substantial share of the District's revenue, changes in property value are impo nart 10 assess. The growth in property values \\ithin !he District is attnbutable to a mix of rew construction and additions and reassessment of existing property. Net rew additions, which are a measure ofbusiress acti...ity, represented incrc3ses in ass:ssed value of2.26% and 2.34% for fiscal years 1996 and 1997, respectively. Reassessments, which can be an iOOicator oCta.'\"'P3)'CIS' continued ability to pay property ta."(es, accounted for increases in assessed value of 2.37% and 2.72% for the same two )'CaJ' period. 1992 1993 1994 1995 1996 199; . 1988 1989 1990 1991 Annual % Increase In Assessed Value. '7.89Y. 7.33% 11.11% 951% Net New Additions (1) 4.17% 4.20'/0 4.38% 3.68"10 Reassessment or Existing Property 3.72% 3.14% 6.72% 5,83% 6.44% 0.15% 0.49% 5.770/. 4.63% 5OOY. 3.60'10 2.48% 1.920/. 3.22% 2.2tM 2.340/. 184% (1130/.) (1.430/.) 2.S.9Yo 2.37% 1720/0 (1) Represents new construction, additions to structureS, anrexations, deannexations, and other adjustments. . Assessed value for each fiscal year represents the assessed value as of January 1st of the prior caleroar )'CaJ'. For example, FY 1997 represents the assessed value as of January I, 1996. IV-8 \ I \ \1 , i I 1 1 I I I I I I I I I I I I I I I I SOUTH FLORIDA WATER MAtiAGEMENT DISTRICT 1 6G 3 EXHIBIT H - 9 DEMOGRAPHIC INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 30 EMPLOYEES PER 100,000 POPULATION 25 - 20- 15 10 5 o 199-1 1995 1996 1987 1988 1989 1990 1991 199:2 1993 Although the District's staffing levels have somewh:lt parallckJ the District's population growth O\',,'l' the (t.on year period reported here, the growth in the nwnber of employees is more c1osc\\ correlated to the e:>.-panding responsibilities assigned by legislative mandate, 1987 1988 1989 1990 \991 1992 1993 1994 19~ Number of Employees 1,152 1.233 1.289 1.33~ 1..$~5 1,.$7\ 1.S17 1.620 1.651 1.651 Popu lation 4,760,930 4,9\8.238 5,062,934 5.1 85.6-lR 5 ,~9.$ .283 5.376.153 5..$1&.827 5.532.591 5.6389::2 '.739.so Employees Per 100,000 Popu lation 24 25 ~5 ~(\ 27 ::7 28 29 29 2 IV-9 WI' ---"l 1 6G SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3 EXHIBIT I - 1 REVENUE INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 $10 GOVERNMENTAl FUNDS REVENUES PER CAPITA $00 $50 $40 Sources: Audited Financial Sl.,temenlS, Univesity of Florida Bureau of Economic and Business Research. $3l $20 I::::::::) Other Revenues L~'r:I Ad Valorem Revcnues $0 1987 1988 1989 1990 1991 1992 1993 199411995 1996 The growth in revenues per capita through 1992 was attributable in . art to the growth in intergovernmental revenues, a non-property tax source, which resu1led from expanded responsibilities as a t oflegislative mandates and delegation fr{Jm the State of Florida. In 1994 ad valorc.m tax revenues increased due to the mil age increase for Everglades restoration. ", .. % Increase 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Property Taxes (Thousands) S78.s47 $80,913 $96,826 S107.161 SI i7.169 5124.799 SI2.5.75O SI39351 S 158..682 $177318 Other Revenues 17,180 34 ,837 29,158 37,760 $,419 70.34 8 68.212 67 ;132 82.731 10&,898 Total Revenues $95,727 5115.750 S 12.5,9S4 S1M,921 SI 6.588 SI95.647 5193.962 $206,.583 $241,413 5286.216 % Increase (Decre4lle) 29.9"/. 20.9% 8.8"/. 15.0% .~ 1~/. 10.8"'/. (.09"/. ) 6.5% 169% I &.6~. . Population (ThouaandB) 4,761 4.918 5,063 5,186 ~,29-I 5376 5.419 S,533 SIlJ9 S,740 % Increase 3.14% 3.30"10 2.94% 2.42% 09% 155% 0.79"10 210"10 1.92"A. 1.78% Tax Revenues Per Capita $1650 $16.45 $19.12 $20.66 13 S2321 $2320 $25.19 $21.13 SlOJ9 Other Revenues Per Capita 3.61 7.08 5.76 728 122 13.18 1259 12.15 14.67 1 &.97 Total Revenues Per Capita $20.11 $23 .53 S2488 $27.94 .335 $3639 $35.79 $37J4 S42S0 S49.ll6 , 1V-10 i j 'I . j ~I j I I I I I I I t I I I I I I I I I I ~i " , ~':} ~:i~ .:,~ ~,' 1.:\ . . 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT 1- 2 REVENUE INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 s:m $286 GOVERNMENTAL FUNDS REVENUE~ BY SOURCE 5250 _ Property Taxes 5200 i _ Other 5150 1%~~1 Permits 11II lnlerest 5100 lim:::il Intergovernmental 1987 1988 1989 1990 1991 1992 1993 1994 1995 1,1 Although property taxes continue to comprise the largest share of revenues, its perccn'ae of total J'C\'CDue has dropped froc 82.1 % in 1987 to 62.0010 in 1996. The significant increase in intergovemmenta 1 revenues, ~ch expanded from B low of 11.1 % in 1987 to 29.9% in 1996 is due in part to funding for e"'Panded functions assi gned the Di!Cl In 1992 and 1993 the District received substantial revenues from Florida Power & Light for water quality impro\'ement~. ~eclS. The receipt of these f\md caused the sharp increase in other revenue for these two yenrs, , $50 Revenue Source (Thousands) 1987 1988 19&9 1990 1991 1992 1993 1994 1995 1996 Property Taxes S78,547 $80.913 $96.826 SI07,16\ S\I7.169 $124,799 SI25,75O SI39.351 SI58,682 S177~ 82.1010 69.9"10 76,9"/. 73.9"1. 66..~~,o 63 .8"1. 64.&% 67.5% 65.7% 62,( Intergovernmental 510,621 $26,016 517.873 $20.846 $45.080 $41.170 $44,9(6 $49,300 S62.228 S3S~ 11.1% 225% 14.2% 14.4"/. 25.5~'o 21.0"10 23.2% 23.9% 25.8% 29~ Interest SS.m $6,477 $8.957 S 11.4(>> SIO.208 $9.410 $8.,819 $9,139 S13,847 $16; 5.5% 5.6% 7.1% 7.9"10 51."';. 4.8"10 4.6% ".4% S..8% S. Permits - - 51,251 SI.449 S1.8\2 $2.135 $2.7S9 S2,534 $4,!37 $3, - - 1.0"10 1.0"10 I.C~/. 1.1% 1.4% 1.2% 2..O'Yo 1 Oilier $1,252 S2.344 S 1,077 $4.061 $1319 S 18.133 S11,728 $6,2S9 SI,769 S3 1.3% 2.0"10 0.8% 2.8% 13% 9~1o 6.0% 3.0% 0.7% 1 Total m.m SIIS,75O $125,984 $144.921 SI76.588 $t95.647 SI93,962 S206,.583 $:;'.41,413 S2S6 loo.atlo 100.0"/. 1000"/. 100.0"10 loo.O~. IOO.O"~ 100.0% 1<Xl..O% 100.0"10 10:: 1V-11 ~-------- --- --,.-. .- ~ \ , j 1 I i i I i i I ;.. " l' 1 (.. :. .; '..J 3 SOUTH FLORIDA '!Jf..TER MANAGEMENT DISTRICT .jif EXHIBIT I . 3 REVENUE INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 j--.-.------.---- - PROPERTY TAX REVENUES $200 $17:' $150 $12~1 VI c: $100 Q :2 $i5 $50 S25 $:J 1 ,)'i~ \""" 199: 1')'1) 1'.)1).1 I"S~ I'1SS I 'ISO 1("/1) 1')'11 ,\,1 \ a}. '1,'111 1'[' '1'':11\ 1,1\':~ cllmrn,;,' lh': larp':,1 I.:\'cnu.: ,;, 1l1T':': r,,[ th__ I )lStncl Ft 1'111 1ols- I,' 11/":: 1lu,; I.:\.:nll,' .., 'U:":L' J,'dm.:d m 1'1' 'I" lt1l1111tl' !lllal Ic\.:nu.:,; II, n\.:\ cr. pq::nnmg m 1 qq~, aJ \ ;d, 'r.:O\ prlll'':l1\ 1.1"''; IIlcr.:J:,,'J .l' a rro!'"'!' :"11 ,,: h)tal IC\ cnuc" ,Ill': 1.\ Ih.: 1IH;I.:a,;.:,1 mlllag\' I at.: n.:c.:ssaf\ for E\'c'l:laJcs rc,;t,.[ atH'n 10 aJ,I1Il<l11. Ihc I )lstnct \'>.:~an kn Il\~ an ;Iplculltllal plWllq:.: lax 1<11 1:\'crgbJ.:s lC,;I\llalllln In 1995 \\III.::h suh,t.ll1ttJlh mc,,;a..,,~J .:"lIc':ll"OS "I' rTl'rcrt~ t,,,.:~ m ! ko,!" and l'almlka.:h c,'llllltcs Tholl:':Intl:'1 \987 1988 1989 ! 1990 \ 19QI 19"1: 1~)' 1<N~ 1Q9~ : -Nt, , , c.\1nt~. , l'~rl\\\' :Ird $17,615 SI7.S~, S:09~0 $::.8:6 $:~ ,'780 $:5:-:(, S:~}:to S:S.:::~ S:9,':'70 ~,~;l~j I 'h" rI," 10' . 16 I' :S " : (,1 3: :I, ,~ H ,\.4 ! .- . , . I .- I "1..Il,.< r :.'86 :,91' :<.801 ~.~7S ! 5,011 : ~,6:::: \.(,:0 7,918 6~$0 ~ I' ,,,\,. :~.Q7:1 :4;9~ :9.1D: 30.979 ~3'::81 H.84: .1q~8! 1 ; .~9ll ~1;13 ~~.s~: I l ~ I:,d....; 1::1) ,,~ I~O Ill'7\ I ~ol 177 ~189 186 .. :0'11 --4- \1.."01,, I ~ It> :'t7~ ~11~ ~t>' ~ (l i, ~ ~~9 _ '!\.~i t>:lU :j:r:! - :~\ -+- I 111\:l1h1\d.' 89 90 105 II: l::t 13~ ltoll 18.1 189\ .... I, -- .---< I.,'" 5.l68 ~.610 (].73~ 7.'770 lI!':l1\ 9,77:1 'I,Q7' : I'::~t> I I.~Q8 i : 3,((1\.1, - __-l \\;Irtil\ :,18~: :;~1 : .s~: :1.1"- :l5~~ :1.8: 1 \ ,S', ~ ,,- ~_.~ --, 1.813 i - \\tln rOl' 1.QC'1 ~...'9: :.888 3.H:I 3A::8 1 At,8 :I'-:<~ ".o~6 ".~~:. ..- l I k"''l'hlllll'j'. ~ ~7:\ :103 33'l ,~\l ~IO 1SI ~:S 0141 .~ 1-- l' r;l1\ C" ,'::\0 ';,8,5 ~.i~1 ~_1:(' bA..~ 7.14t> - .' II ID1'7 8,673 __ 9,-':<\ -..- \ J .:..'10'.\:1 t \ ,1~'7 \.36: 1.609 I ::-tlO :.l~~ : ::r: ~ JJ~ :,il~ ::948 2:::.::J :t!I1\ I\",,,'h 1(.5(,5 175:1 :0,678 ::1.'701 :: ~ )6{l ~ i ':8: :b.'I~O :Qb;~ "1,739 ~~_~S~ ! -;--- :<.~l 1',0\1-> . 1~6 I SO 170 1 ~; 1 C/O :00 :: 10 :::::1 :3:' "'--- - ---l :-;, I.u <'I" :'::11 ::86 :,"155 :flM 3;91 J_q~l .~.b~~ .l.O~~ 4.fYr.. ~.~(]~i L. Total $711.~~7 $80.')\~ $96.8:::6 ~IO':',161 $117.169 $1:~,799 SI:~."~O $D9J~1 SI~US: $: '''t _, I Ii>! .\:lll'\lr.t~ ...hllwn rl"pr"~,'nt ad \'lllor\'.m tHXf-!' only ft1r thl' porllf\n of th.' l"uunty wlthln P'strH~t Illl\l1\d..rt..... IV.12 I I I I I ~I \ I I I I l I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1 6G 3 EXHIBIT I - 4 REVENUE INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 100% 800,4 60% 40% 20% 0% 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 PROPERTY TAX REVENUES PRINCIPAL COUNTY TAXPAYERS EIJ Other lITIiiIEl Palm Beach _ Broward r_J Dade Palm Beach. Broward, and Dade counties have consistently generated the greater portion of property tax m'et1UCS o,'er the ten year period, comprising 71 % of total tax revenues in 1996, but declining from 75% in 1987. Palm Beach county now pays the second largest amount and percentage of taxes, primarily due to the levy of agricultural privilege taxes beginnin~ in FY 1995. Property Tax Revenue Collections (l'housands) Percent of Tot a! Property Tax Revenue County 1987 1996 1987 1996 Broward $17,615 S33,314 22A3 " 18,79 " Charlotte- 16 37 0.02~ 0D2" Collier 2,386 7,460 3 ,04 " 4.21' Dade 24,973 46,872 31.80" 26.43 , Glades 129 209 0.16" 0.12' Hendry 416 21HJ 0.53 ~ 1.so~ High lands* 89 221 0.11 " 0.12~ Lee 5,368 13,000 6.83 " 733' Martin 2,184 5,011 2,7& " 2.83 Monroe 1,813 4,541 231" 2.56 Okeechobee* 269 490 034" 0.28 Orange* 3,210 9,m 4.09 " 5.51 Osceola* 1,147 3,427 1.46 " 1.93 Pnlm Beach 16,565 45,584 21.09~ 25.71 Polk* 156 154 0.20" 0,1011 St. Lucie 2,211 4,465 2.81" 2.5: Total S78,547 SI77,318 100.00" 100.0 _ Amounts shown represent ad valorem taxes only for the portion of the county within District boundaries. lV-13 ----~~ -- -.,- ..- -"--- -- ._,,- . '._' ___ .....\1- ~- - I -.. p--' ....--- M ur ~ --_-........--~.-----_.. 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT I - 5 I \ ! 0.35 " I I 1 0.30 \ 0.25 I 0.20 ~ ~ 0.15 1 1 , REVENUE INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 I i .-L~--_. I 1 I DISTRICT PROPERTY TAX RATE ... 0.10 IUkl Tax Rate Le\'ied - Maximum Rate 0,05 ;'T~m~: : .~>:.::-::-:::.' : :':~:.~~m. 0.00 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Although the maximum District tax ratc increased from .200 mills in 1988 10 .320. the increase was offsct by a corresponding decrease in the legal limit for basin assessments. The combined ma.~mum ratc iar District and Basin opcrntions has rcrt13iD:d unchanged at 0.800 mills over the ten year period. In 1996 the District I4\X rate was increased by .020 mills from 1995. Mills 1987 1988 1989 1990 1991 1992 1993 1994 1995 1!196 Maximum Legal District Rate 0200 0320 0320 0.320 0320 0320 0320 0320 0320 0.320 Actual District Tax Rate Levied 0200 0225 0.272 0.2~ 0.250 0248 0.2~8 0233 0.239 0259 , 1V-14 .....,,-,-~.,'--~"'~_...__.......- 11--- BD r - I I I I I I I I 1 II I I t I I I I I I I I I 1 6G 3 S9UTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT I - 6 REVENUE INDICATORS FISCAL YEAR ENDED SEPTEMBER 30 0.7 BASIN PROPERTY TAX RATES 0.6 0.5 0.4 In ~ 0.3 - Ma.xim.unRalc 02 L::'J Big C)'PI'CSS Basin 0.1 IE] Okcecrobee Basin o 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Taxes levied for the spo:;ial revenue Okeechobcc and Big Cypress Basins during the ten year peri<x1 reported were below 1he statutory millage caps. In 1996 the rate forll1eOkeccoobee Basin ,,-as increased by .030 mills from 1995. and the Big Cypress Basin rate was increased by .016 mills. M ills 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Maximum Legal Buins Rate 0.600 0.430 0.480 0.480 0.480 0.480 0.480 0.4&0 0.410 04&0 . Actual Tax Rates Levied: Okeecbobee Balin 0313 0.272 0.275 0.Z63 0197 o .299 0.299 0364 03'1 0.311 Bie Cypress Basin 0.116 0.126 0.138 0.138 0.155 0.157 0.1'0 0303 0.112 0.191 IV-15 1. ~"'W"".f --------</1 :,'0' . : '\ ;": ',..,,':.~::", .~: ::~"'.:")"~',< ", "', :,: ': ~',"i.\:,:\' ':I;::','J.':": I"" ~'. I :.~", :, ' ;"', "'" \~I.fI,I, '~<<"'''' '''',1.\, .,,.' :'\~t'I' ...~'....'..){ ;~" 1)[,\ ,'" If..,.<,..,, I,~ 'I 'f I ." / ~. ( I ~,.." I 'f _ i _.... I T I.' .' I . . , ' ,J.-.. \ C " ~ ~,.' - ~,... . ",' I". " ' , . . I...., f ~. . 1.. . 'l"') 11; "" ~ ~. '~ . .' '/ .,' A" i " ,'" '~" ,'. ~ ).'" >' ~,. ... I ~. " .' ~ .' " ,~~ "l:l.'-:,:"~:,':. ,.:,',.,'.t.'...,'~..'., ','.'" t," I ."...', " '. 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT I . 7 8% REVENUE INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 -1____.1 , 1 I INVESTMENT YIELDS 7% _ Benchmark (SBA) Yield 6% 5% _ District Yield 4% 3% 1991 1992 1993 1994 I99S 1996 , 1 \ 1 . l I \ i j I I , 1 i 1 I 1 This table shows the rale of relum on investments managed by the District. After interest rates gradually declined from 1989 through 1994, the interest rates and interest revenue increased substantially in fiscal year 1995, The eompariscon of Distri<.t rales with the benchmark yield indicales that the District has generally received a rate of return that is higher than the benchmark. 1991 I 1992 1993 1994 I 1995 1Sg6 I I I Invetltment Yield Interest Incc>ooe Recei\'ed (MiUions) (I) $7,9 $6.6 $5.0 $5.7 $10.1 $12,9 District Average Investment Yield 7.18% 4.98~ 4.09% 4.10'f. 5.69% 5.75~. Benchmark Yield (2) 7.12% 4.75'i 3.67% 3.75" 5.51% 5,43~. Investment Balances Hillh $ 123.016,597 $145.751,334 $153.028,613 $164.~.260 $204.207.694 $270,540,655 Le>w 872.780.188 $80.695.367 $ 1 03, 388,076 891.074.757 SlI3.605.016 Sl43.210.666 Avenge Sl02,669.428 $ 124.896.886 $127.738,030 $141,441,937 $ 175.614, 753 $224.008.782 District and Benchmark (SBA) Comparillon SBA Annual A\'eraee Rate 7.12% 4.75% 3.67% 3.75% 5.51% 5,4n District Annual Avenee Rate 7.18% 4,~ 4,09% 4.1O'l"~ S.69'JI. 5,75~ Rate Variance (% / Basis Points) 0.06% / 6 0.23%/23 0.42% 142 0.35% 135 0.18% 118 0.Jn I 32 Avenee Monthly In\'utment Balance S I a2.669.428 $ 124.896.ll86 $ 127 ,738,OXl $141.441.937 S 175.614.753 $224JXl8. 7!2 District Earnines Over Benchmark (3) S61.602 $287 263 S536,SOO $4<)5.041 $316.107 S716.!28 (I) Does not include interest earnings on the Water Management Lands Trust Fund, the Preservation 2000 Trust Fund. and deferred compensation investments. (2) Ba.sed on the average yield for the Local Government Surplus Funds Trust Fund (i.e. SBA pool), (3) District Earnings Over Benchmark - The District's "Average Monthly Investment Balancc" times the "Rate Variance" 1V-16 , . ' I . ,,' ... ~. .... ..... , ,'. ~ I ~ , \. _ . I . .. ' . ..' . \ . ,:' " ':' "" " '';;(:'''I'I.'''~'"(,, III ;,_",q. ::,,,,,,',, "<\/1""" ',' :., , .' ... ii' . :'.~' '."\:.' .., .~..">. ,"\",: ,':;:'~':'.~"L',<": :,; ~"l.':t~.;.,':'", \'i,~'~,,1..., ':';~'~.\' ....rl/.~, ~-;f.'1 ':..~... .,) ", ~ , ,l' .. ' ' tr ,~t. ,-'". .:. L.....>..."r)il' ~ r\~.1 j I'{ "..,.... .~ \"t. !,.t. ~. ",. "f '. J l. l' " ~!..:. , ><,." ., ....''' ?"': .' .I.I,.....~:.'..\...I..'.' \"'~f',.\. /1, '.'" .,' .'J\,.'....... ,'".,<. ,.'., :",,,,,,..'v ',' '~\, .': .\. \,.'" .",~. :, :','.,:' ,!._:,.~." .:.!~,~:;\\ . '\.,':' '" ,j, ~''',I'I '("'.','" , '. . I,',' ,., .'1 I I I I \1 \ I I I \ I \ I \ I 1 1 J I I ~ I 1 I I I I I I I 1 6G 3 ~OU1H FLORIDA WATER MANb.GEMf.!::IT..QISTR1CT EXHIBIT J - 1 EXPENDITURE INDICATORS FISCAL YEARS ENDED SEPTE~BER 30 $50 Sources: Audited Financial Statements, Unh'CSity of Florida BUrt'.au of&:onomic and Business Research. EXPENOITURES PER CAPITA $40 - S30 $:Il $10 $0 1994 I99S 1996 1987 1981 1989 1990 1991 1992 1993 The increase in per capita cxpenditures over the last ten ycars was largely the result of increased capital expenditures f( acquisitions of environmentally sen.~tive lands and replacement of an aging flood control inCrastructW"C. 1987 1988 1989 1990 199\ 19')2 1m 1994 \99S 1996 EXPENDITURES IN THOUSA:-lDS OF DOLLARS Operatine, Mcmt &. Debt Service m.>I4~ Sll9J33 $99.416 $102.418 SI2S.~ SI23.279 S 136..Q() SI)<),I43 SU2,3aO SI6S,OI CapitalOutla)' 34,589 19.888 19,642 35.108 ~ S.66O 4026 1 S,OOll S2.90' 1t7,770 112.1 Total SI \3.034 SI09,221 S119.o58 S137326 5181.364 SI71,50~ SISI,4U SI92.053 $l00,I50 $l80,8 % Increase (Decrease) 49J% (3.4%) 9,00,. 1~3..... 31.~ (5.04%) (11.7% ) 26.1% 4.2% .$OJ ,~... ' population (Thousands) 4,761 4.918 S,063 S.I86 ,.294 S376 S,419 ',533 ',639 5:; % Inereue 3.14% 3.30% 2.94% 2.42% 2,09% 1.5~% 0.79% 2.10% 1.92% 1.71 .' EXPE:-lDITURES PER CAPITA Operatine. Mgmt & Debt Service SI6.48 SI1.I6 SI9.64 S19.7S $23,75 $22.93 S2S.l1 S2S.l' S27 .00 ~ CapitalOuW)' 726 4.0S 3,81 6.77 10.51 8.97 2.77 9.56 1.47 I! Total sn.74 $22.21 $2332 $26.52 S34:l6 SlI.90 S27 .95 $34.71 $35.49 $4: IV-17 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT J . 2 EXPENDITURE INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 1lX1"Jo I : : /~ i I , i / - '" / 'J -- -- 7' - \ " i \ : I ! \ \ I I I . . ...:- . \...... 1-..... : ..~ I ......... . I .. , I .... I .. , . ...... ." -, I , . : ! , . , . : i , i- . - - . -I. I . - . - . - . - . - . - . - . - -1- . - , 8)% i I , 1 87l't i I ..0% I \ 1 20% 1 I I t 0% I 1987 1988 1989 1990 1991 1992 199~ I~ I99S 1996 MAJOR EXPENDITURE CLASS DISTRIBUTlON Sources: Audited Financial Statements Data mll)' not be strictly comparable betwec:D years _ Current Operaling E.xp .... Capital Outlay _. Debt Service Expenditures for capital outlay have fluctuated greatly during the last ten years, from a low of 9.91'/. in 199310 I high of 40.2% in 1996. The increased expenditure level in this catc80ry is due to legislatively-mandated land acquisitions to preset"'e water resource values and the replacement of aging flood control structures. 1987 1~ 1989 19)) 1991 1m 1m 1994 1995 1'796 Current Operating 65.4"10 7UNo 79.6.10 71.1% 66.8% 69.2"10 16.4% i02% 7JD% sa:1% Capital Outlay 30.6% 18.2"/. 16.S-1o 2S~~ 30.7'/. 2ll.1% 99% 27.S% 23.9% <<1.2% DebtServioe 4.0% .c.2% 39% ),4% 25% 27% 3.7"1. 2J% 3.1% 1.1% Total looD"/. looD"/o looD"1o l(XH)"/. 100.00,. looD"4 100.0"10 100.0% 100.0% 100.0% I 1 '. 1V-18 .. ... \. ,.... , ' t: " . '. \'.':: . . '.. ,; ..'..... .., .' oJ..j" I: . .. ~/ " . .' .' \ . : ~ '.; J " .......: '.. I ~ ..! '\. I . "'; ./1:: '.Z.) '" I . . '\'~ ." t.. I ~ ,.-" . ".., I ~'" . . .L ;(.~, .' I. '\ 'i \ t ~ H.. ,I. !' f.. '." , I I'" . I . " .,. ,., '. . ":f.:,", ",:,\"".~..'.'l ~'! "'l::.'-:'~ ..}::..:t~ \",\.,~",'~";'tI"""1 ~. ,:~r".~ ",:'r.:4,.;. , ,.'\1" .'/~' .l~. )...) .....'-$1... _"I. ,._ '" .'~ ;,..,. ....II. ".,' -',1 "f,,",1> .\" ,'.. .,~ (." \. \ " j . /,. ". " " .,'" " :\":'~:'I)''."..,,'' ....:.:~:.,.,:,.I ':'."~i'{;,'.J;,.;..;..,~..:.!,,'~t ':.^.,...','...:>.... ".!;;'~:. '... ;~;..' . l,,' ..,: :,t., ..::.~ /,:1' I I I I I I II I I 1 1 I I ! I I I ~ l I I I I I I I \ I J 1 1 I I I I I 1 I ~ \ I SOUTH FLORlDA WATER MANAGEMENT DISTRICT 1 6G 3 $350 $300 $250 III $200 c .2 ;;: ~ $150 $100 $50 $0 EXPENDIiURE INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 S281 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 EXHIBIT J - 3 EXPENDrrURES BY MAJOR OBJECT Sources: Audited Financial Statemenls Data may not be strictly comparable between years _ Debt Servi~ IWHHH\ Capital OU11ay III Current Operating Exp The increase in total expenditures during the last ~ix years is mainly due 10 an increase in capital outlay expenditures. Expenditures for debt servi~ have remained steady, while operating and management expenditures have increased during the ten years shO\m here. 1987 1988 1989 199J 1991 1992 1993 1994 1995 1996 Current Operating S73.91A $84.699 $94,783 $97,791 5 \21,078 5118.654 5 1:ll,927 SI~,781 $14(i~8 SI64,832 6SA% 77 U;' 7991. 71.1% 66.8% 69 2';' 86,"-;' '10.?~ 73.0% 58.7% Capital Outlay ~,S89 S19,888 $19,642 $35.100 SSS,600 $48,226 SIS~ $S2,9OS $f7,7iO S 112Jl3l) :llUI. 182'1. 16.5";' 25.5"/. 30.7'1. 28.1';' 99% 773% 23.9% <<12% Debt Service $40521 $4,634 $4,633 $4 .627 $4.626 $4,625 SS,553 SU67 Sli.D2 SJ.173 4.0010 4.2% 3.9';' 3.~/. 2..5"/. 2."';' 3.1% 2.J% 3.\% U% Total $1l3,034 SIW,221 $119.oss S 137 .526 $181~ 5171.sos S 151.48l! $19lJ)S) s:!OO.lSO ~ 100.0% 100.0% 100.D"1o 100.~. 100.0% 1000% 100.0% ~ 100.0% ICXl.O% IV-19 .,-- -~~_._~. ~._.- ._-. -..".. 1 6G 3 SOUT.tt FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT J . 4 EXPENDITURE INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 $300 $281 $2SO $200 III C $150 ~ ~ $100 $50 $0 EXPENDITURES BY FUNCTION _ Debt Service ~:::::d Capital Outlay _ Resource Planning &. Evaluation _ Operations &. Main\enanCC h~:1 Regulation Construction &:. I::::::::J Land Management t~~1 Outreach _ Administrative 1917 1913 1989 1m 1991 1992 1993 1994 1995 1996 The increased expenditure level over the past decade reflects the increased worklo.1d resulting from additional responsibilities delegated to the District Fluctuations in total expenditures are due mainly 10 the variations in the level of capital outlay expenditures. Thousands 1987 1988 1989 1990 1991 1992 1993 199.c 199~ 1996 Administrative S 16,039 S20.16 5 S27.318 $27.376 S30,410 526.931 S28,.1S8 $3 1.124 $31.172 UC,S.l1 14.2% 19.1% 23.0'% 19~.. 16.8% 15.7% 19.1% 16.15% I S.6"- 123'" Outreach S72S SU7 51.117 SU75 $\'sU S2.S87 $5.m S,,624 S6,S6I SII.rn 0.7% 0.1% O~ 10". \.1~.. \.7% 3.-" 2.9'llo 33% 4.2% Coutruction & Land Manapment $4,0% $4.4'5 $1.111 S7.4~ SI2.IS6 $14.914 SI7.722 $14J14 S13.'IIO $1S.412 3.6% 4.1% , .0'\4 ~ ~.. 6. ,... S."",, 11.7% '^ 6.J"i' S -"'" Rerulation $4.0 12 S4.642 S5_~ S6;15 $70 SS,43' S9J.47 SIO,069 19m $'7.$102 3.5% 4.3% 4 yo.;. .. ~.. 4N 49'l1o 6.3% '.2% ,'" 2J% Operations and MIlin un ance $26.24-4 $29.217 $17391 5-'1 (.;.~ S.~.1'9 r4.74 7 S.QS6S SU.162 SI6.366 SS! ,l63 23.2% 26^ 23-" 20'" I....... 226' '211% :z:2j% 23.:l" 11.2% Resource P1anninc & Evaluation S10,s60 S 13.6&3 517,3&) m.a a.6Ool $2160610 S'21 P'O $29,911 S3lJOS s.<<3J137 9.4% 12J.... 1 U'" 1700- IS.... IS"'" 17.J% IS"'" 19.1"- IS.~ Capital Outlay $46,IJ~ $30,83' D.141 s.'I.971 S6UI7 S41226 $15.ooS SS'2.9O' S47 ,no $ 112.,J39 "1.~% 2U% 23.6' 2S~' ).to'l\. 2U% 9.9% 27.5"- 239% .eo.2% Debt Service 54.521 54.634 $4.633 $4.627 $4.6:l6 S4.62S $5.5S3 S4.367 $6.332 53.173 4.0% 4.2% 3~ 3.N 2..5' 2.7'% 3.7% 23"- 3.1"- 1.1% Total $113.034 $109.221 SIl9,OS8 $137.526 SISIW SI7I.50, S"I.~88 $ 192,OS3 SJOO.I50 S2IO,S44 100.0'% 100.0'% 100.0% 100.0'% 100.0'% 100.0'% 100.0% loo.D'% 100.0'% 100.D'% 1V-20 ~ .: ", _ /.:..'. ,,' : ~.~ ',: :'."'. :-. . ,':. ~ ,.,., ...:-, r: ,:~::; . .:;. ~ ". ":. :" '.> " ~. .' ';: >'.-';"'..: . ". '. . ". >.-- '. ',:', . '-,' .: " l ' ." : : ,If ~. n g I I I I I I I I I I I 11 I I \ I I 'I - -- - - 11I1 ----iii i - -,..11 -'-~-"" r ~- ~-ft--~'- -w- _.~~----_.._.- 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT K - 1 OPERATING INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 25'" RATIO OF NET CHANGE IN GOVERNMENTAL FUND BALANCES TO REVENUES 20"" '5'" - ,~ 5... - ~ -5... .,~ -'5'" -20'll. . 1992 199) 1994 1995 1??6 1987 1988 1989 1990 199\ This indicator has fluctualed ovcr the ten year period reported here, ran~i ng fn 1m a dclieit of 18. S% in 1987 10 22.4% in 1993. The increase in fund b:1l:1nce in 1996 is the result of the rcceipt ofhond proceeds reccived during the fiscnl year which will be cxpended in subsequcnt years, The decrcase in [und halance in 199 I was thc revcrse of this 5ilu:1tion, resulting from the use (primarily for cnpilal) of undcsignatcd fund balances availahlc from rcvcnnes raised in previous years. ThoU~ftn.15 1987 Hl88 l!lll!l I!lOO W!ll 1992 1993 1994 19~ 1996 Tolal Combinod Fund Dalftn",,", End orYo.r 562,645 56 7,56(, 573,149 5103,626 $')'),221 5123,363 5166.733 5181,'264 $222,.902 S264,()( n..ginning ofVoftr $80,352 56U~S $66.907 $96,2)3 5103,997 $99,221 5123.J.63 5166.733 5181,264 S222.9C Not Incr....o (Decre..o) (S17,707) ~.'121 56.242 57.193 l~.776) $24.142 ~3.rro 514,531 ~1,638 ~I,11 Total Combinod Rovon''''' S95,n7 5115,75U S\25,984 5144,921 S 176,sSK SI95,647 5193,962 $206.513 $241,413 $2S6.2 Ratio of N..l Chanc.. In Govornmonlal ~'und n.1ancoa To Rovonue. (It5%) 4.3% 5,0% 5.1% (2.7'\<0 ) 12.3% 22.4% 7,0% 17.2% 14,~ I IV-21 I ;;~>... ',' :', ':';:', ,I.",' " .. ' .\:.' :, ~ ': ~," " :.' ,.:;.'" ~.;' .' ; ,,=' . ::;: ':: :', : .','-' ::"'<::,".<. " .;! ': ,,',< :> -: I " ,", --: " .~': _' '-: ~ ,:1 .,.....:. :' .: ", _;__... "-1>4. __ '.1; i, . . .:. .. ~ ' '.' . j . 'I . ... .' ::. ..,....l>~ 11'. .; ,,~' ',: ~"\ I'oj~. -.......IV.'~rrr-'-~llIllI1t -a_a~-'" -~-~ ~ 1 6G 3 SOUTH FLORIDA V'JATER MANAGEMENT DISTRICT EXHIBIT K . 2 OPERATING INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 10% ..- \----- 1 RATIO OF GOVERNMENTAl. FUND BA.LANCES To REVENUES 100% 90% - .-..----- 80% 70% 60% 50% 40% 30% - rn LiliJ Reserved 20% ~ Uru-cscrved . 0% 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 ! This indicator of lhc ability to meet future and unc:-,:pccted demands (In resources through available fund balaoccs ranged from 56% to 92% or revenues in this 1('.n year period. The designated fund bala.occs primarily represent resources utiliJ.cd 10 fu~ t subsequcnl years budgeled expenditures appro\'ed by Ihc Governing Board. TIle undcsign,l.led balances in 1992 through 1995 primarily represenl amounts held in the Waler Management Lands TnLq Fund and in lhe Prescrvation 2000 Tmsl FtlOO. ~ balances in thesc trust funds arc restricted to the acquisition and management of environmentally scnsitive land._ Thousonctq 1987 19811 \!'l1l9 1990 1901 1992 1993 1994 19t15 1900 IINI{ ESER\'Ell Oclli!:nllt(,fl $27~5 $29,371 $20640 $32,324 $33.nS $56,497 $71,283 $79 ,239 S85 .49'2 $122;J77 Untlt,siRnoted $2~ ($(-45) $3 till7 $24,354 $12;754 $21)143 S47 $8 I S41PS4 $91.913 $31.453 TOTAl. llNRESERVED S29 ,865 Sl8 ,m $24327 S56 ,678 $46 Pll2 $7&;)40 SI19.164 $1~,293 $ 18.3,405 SIS9J!JQ IU':S r':R VEl> $32,7l() $:18,340 SA8822 S46~8 153,139 S45P1J S47;'i69 sro971 $39,497 $ 104;236 TOTAL FUND BALANCES S62{J45 S67~ $73,149 $ IOJ,626 S99 ,221 $123;l6J $166,733 $ISI,264 S222SfJ2. S264P66 -.. TOTAL REVENUF:S $95,727 S115.75O SI2S9S4 $144921 $176588 ,S!95,647 $ 193.962 g)6,S!J $241.413 ma216 - RATIO OF FUND OALANCES TO TOTAL REVENUES lINR,,:S..:RVF.I} Ocsign "led 29Q.'i~ 2S.37 " 16.38" 22~" IUS" 23.88 " 3675~ 38 .36" 35.41 " 42.16" 11nf!.,"i!:notcll 2.15~ (56"> 2.93~ 16.81" 722" 1I.16~ 24m" 19.87" 40.56" 13m~ RESERVED 34 2A " 3356" 38.75" 32.40~ )() OJ" 2301" 24 52" 2951 " 16.36" 36.42 " TOTAL 65.44" 58.37" 58 06" 7151" 56.19" 63 05" &5.96 " 87.74" 9'2.33" 9'2.77" lV-22 .... . ._. ", . .'-.-, :, '.' ':,'^: ....:_. '. .': '.. -' .';', :~'.' ": '. /..i." : "': ~ ~:' '_:-:'.' . .:::.: '-:",": '..' __.: (.:. \; <"'-"~': ',.;{.':':-'.. ':', , ' - I' ~._......--_..-_... --.---..... ---~_._..__._~ _.._._.__.....___..__ .____~________..___~,_._...____.kW..-....----.....- '1 ,it "~ ~ i Ii I I I I I I I I I I I I I I I I 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT K. 3 OPERATING INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 RATIO OF UNRESERVED GOVERNMENTAL FUND BALANCES TO REVENUES 80% 70% W~ 500~ 40Ch 30% 20% 10% 0% 1987 19&8 1989 1990 1991 1992 1993 1994 1995 1996 Designated unreserved fund bala.oces comprise a large ponion of total unreserved balanc:es. Funds are designated by managerrent for specific acquisition. construCtion. and impro....ement projcclS in ensuing years, as noted in Exhibit K-2. ThouSAnds 1987 1988 1989 1990 1991 1992 1993 199~ 1995 1996 UNRESERVED. Designated m~ S29 .371 S1Q,6.lO $32.32-1 $33.328 S56,497 $71,283 $79.239 wm SmJ'T' Undesignated $2J.l6O (61.5) $3.687 $243S,:1 SI2.7S,:1 $21.843 S47J!81 S.U,0S4 $91913 S37ASJ Total Unrelerved S29 ,l!6S S2S.726 524327 S56.678 ~,082 S78,34O SI19.1~ S 120293 SII3.<<>:l SI39,P: ~~~}.'~i;.;~ .,.... " ~~ ~l :"t"J ~ r.. " ' __7, '. , . .:t..,.~ .~. . ....'.. ~ ," .. Total Revenues m,727 SllS.7SO S 12S,9&.l SI4-1921 S176,S1lll SI95P47 SI93,962 ~ $:?A I,4U S216.2~ f.it~~ ~~ ~-" ~~ ~ .. .. .....~. ' ,...- .. ~, ' ,...:-"); .h . , RATIO OF UNRESERVED fUl\.TI BALANCES TO TOTAL REVENUES Dellignaled 29 DS'~ 2S37"~ 16.38% 22.30'10 18.88"1. 28~~ 36.75% 38.J6% 3S..U% 4276% Undesignated 2.1S% (056%) 2.93"10 16.81-..40 7.:z:z-~ 11.16% 24.69% 19.17% 40.56% lJDIJ% Total 31.20"/. 24.81% 193W. 39,lI.~ 26.111.10 40.04% 61.44% S8.23% 7597% SSJS% 1V-23 ',-,; ,".., "",~, : '~,,', " '.~,' ,"'" ',' ':, >.';, ',", , '.. '; ,", . '" ::,' ,:.", ",., ',' ':, ,,', ',: ': '. . .,:. ' \ . ,',: ' . .....'.., . I -.t . '. ',; ~'.. " . . . ..-"""...,...------ -....-.--- ........ --"'---- _'-1' 1 __..wl_~__ ~"-..__...-----_.__...-' 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT K - <4 OPERATING INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 9 CURRENT RATIO 8.13 3.03 2.95 2.84 s 7 6 s 4 3 2.67 2 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 The C\llTCrlt ratio indicates ability to meet currently maturing obligolions utilizing current asselS. The curent ratioo[ 6.32 at September 30. 1996 indicates that the District has more than sufficient cash and future cash items available to satisfy current obligations. The increase from 1993 through 1995 resulted from a significant reduction in current liabilities. Thousands 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Current Assets $97 .336 $99.353 SI14,397 $161,931 SI60,962 SI98.201 $..'l()8,4'79 $215,789 S2S8,477 S316,S64 Current Uabilities S35,642 $32,816 $J8,m $56.995 $(J(),239 S71,362 $38,191 $31,958 $31 ,$)4 SSO,0s6 Current Ratio 2.73 3.03 295 2.&4 2.67 2.78 5.46 6.75 8.13 631 1V-24 '.~' _,~'~':":>~' ......~:..':'...".-..:..-,.'~:,.:........,....<:..; ..::......:.....:_.'... I,.....' --....'...,......,:.- '!i;'::~'. ,..,"_~4..V- l J j ] J J 1 _;'1 j I I I I I I I I I i I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1 6G 3 EXHIBIT l- 1 DEBT INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 $16 NET DEBT PER CAPITA $14 $12 $10 $8 $6 $4 $2 so 1987 19S& 19&9 1990 1991 1992 1993 1994 1995 1996 The net debt per capita is an indicator of debt burden. The debt burden declined from 1987 to 1992. The increues in 1993 and 1995 resulted from the refina.-~~ing (at lower interest rales) of the 1986 bonds, and the increase in 1996 resu.1ted from the new issuance of Land Acquisition Bonds. Although the net debt per capita increased to $15.47 in 1996, it is well within the acceptable boundaries of $50,00 per capila set by the District's Principles ofSaund Financial Manag~m~nt. TIlllU san cIs 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 ! Gross Debt Outstanding SS6,S35 SS5,855 S55,13S SS4J75 SS3,56S SS2.;oo SS6.47S SS5.490 SS4.ms S83,S10 LellS Amount. Reserved For' De bt. Service 7,s.12 7,835 7.797 7,769 7,563 7.912 7,346 7,413 - - Net. Debt. Out.standin~ $48,693 $48,020 $47,338 S-16,606 S-16,002 $44,788 $49.129 S4SP11 S54.ll2S S88JI0 ~ -. , '. Total Population 4,761 4,918 5.062 5.186 5,294 5,376 5,419 S,m 51iYJ 5,140 Net rklbt Per' Capita $1023 S9.76 $9.35 $8.99 S8.69 $8.33 S9I11 S&.69 $9.58 SI5.47 IV-25 " .'.. " . . . . .' I. . . . . , .' -, .' ... . ~. . ... I ~ ... " . "1 . . 'r-.,:, .:. ....., '. ..>.-'..:'. "': ....:-<.::, e'.'.." .~.... .' ,~ '-.' _ ,<:... < - '. .....~. 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT L - 2 DEBT INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 0.01% RAllO OF NET DEBT TO ASSESSED VALUE 0.04% O.03'lIo O.02'llo 0.00% 1987 1918 1989 1990 1991 1992 1993 1994 199' 1996 The ratio of net debt to assessed property value ranged from.O 19% to ,033% in this ten year period. The ratio increa..c;ed in 1996 due \0 the i.t;.SWUlCC of Land Acquisition Bonds. However, the current low ratio indicates the District's ability \0 repay the ou\standing debt obligation from property taxes, a major revenue source, Millions 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Gross Debt Outstanding $57 156 $55 S54 S~ $53 S56 $55 SS4 S89 Less Amount Resenled For Debt Service 8 8 8 8 8 8 7 7 - - Net Debt Outstanding $49 $48 $47 S46 ~ $45 $49 $48 SS4 S89 , ,,' ~'f Total Assessed Value S159$20 Srn,429 S\85,Q70 $205,627 $225,192 $239,685 $240,532 $241;714 $255,661 S2sS7~ .... Ratio Of Net De bt To Assessed Value 0.030% 0.028% 0.0260/0 0.022% 0.02CJYo 0.019% 0.02(1'10 0.019'1. 0.021% 0.033% 1V-26 .' . ' " ' .". " , ' . . I' , . ' .. . .' T ' " , .. . , " ','. < .. ' ' ". ,. , '. . . '" ,"', : ' .': ~.' .,'"'~;',, " ::.: , :" , '. . , .l" <' .'. ,'.. : " ' ".. .,:. , . ,"~., z . '.. ~.: ~.. ._ 1-- IlIIrrW --Il--------.....- Ii: "n-. . l' :~.1.,..., . "'!~ ~;.'.l~t. ~.~ ." .~.. , J ] .J J ] I ~,.,~, tI i I :,,',1 I I I ~,a' d a I I I I I 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT L-3 DEBT INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 6% RATlO OF DEBT SERVICE TO TOTAL GENERAL GOVERNMENTAL EXPENDITURES 5% 4% 3% 2% 1% 0% 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 This ratio m:asuteS the annual debt service requirement in relation to e~:penditures. During the last ten years. this r.Itio declined from 5.77% to 1.710/0. 1be District's Principles o/Sound Financial Management limits this ratio to no more 1b:m 150/... TIle District's ratios indicate that debt 5ef\.ice does not comprise a major portion I)f total general governmental expenditures. Major 0000 rating agencies continue to givc top ratings to debt of the District 'ThOu.'IaJ\ ds 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Principal (1) S8:ilJ S6lKl S720 S76J 58IC S855 m RS 51255 S21~ Interest (2) 3, i'O I 3,~ 3.913 3.857 3.8lf 3,7(() 3$8 3,.1Il:2 3,18:> 2J92 Total Debt Service 54.521 $4.~ s.t633 $4,627 S4.62f $4.625 54..618 $U)l 54,415 S2.tiOl - .U"~~\:~~, I, ~ ;\~ :....~ -- f'- " '.'. ~, .lh ,. ',':-to Total General Governmental Expenditures (3) S78.1S5 ~.333 $97,8.0 S 1 00.858 5124,057 5127,961 Sl~ Sl~ SI..t1.S08 SlS2.Q.l : ~~' .:~"~.~....' ;.. ~ .' "~'.~ ~ ~~ ~' ..... .. ... .. ...... .. .~._::...,.. . . ~~ '.. Ratio or Debt Service To Total PeneTal Governmental Expenditures S.17% S.l9"1e 47.\"" 4$% 3.73% 3.61% ),47% 322% 3.11% 1.71% (1) Excludes refinancinwdcfeasance (2) Excludes bond issuance and other costs (3) Includes general aoo spcciaI revcnue funds u , '. IV-27 .,~".. ", ,: :',' ~,..., ".', >:, ,~,:. .. ':',,' , .. ' ">: ,: ';: ~: : '.':: '.:' >> ,<," ,," ; : ,.' ,~ ',~',." ::' ~,~ '. ': " : '.,. '. : ';,: <- '>' 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT L - 4 DEBT INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 1% 11% DEBT To CAPITAL ASSET RATIO 1 O'J(, 9'J(, 8% 7% 6'J(, 5% 4% 3'J(, 2% ()'J(, 1917 19U 1989 1990 1991 1992 1993 1994 199' 1996 This indicator of debt management measures the amount of debt outstanding in ratio to capital assets. During the period sOO\\'1\, the ratio has declined from 10.50% in 1987 to 6.49"10 in 1995. In 1996 the issuance of Land Acquisition Bonds caused the ratio to increase. However, 1he net investment in capital asset,; increased to $852 million in 1996. The District's Principl~s oj SoIlM Financial Management limits the debt to capital asset ratio to a maximum of 30%. 'I'houaaDd. 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 ToU! Capital ~seta $.538,497 S566.222 $595.146 S6=t660 $669.4'10 S71Z,,434 S7:!6,S43 S7t3,042 SI3Z.934 S940,l3S Le.. Total Debt 56.S3S SS.s5S sS.m S437S S3_~S S 2.70..) 56.475 SS.490 S4,02S IUtO Net 1n,'utment In Capital ~seta $4&1.962 S510,367 $540.0 \I S574.18S S6IS.905 S6S9.734 S6'1O.068 $727,5'2 S77I.909 S&S2.028 " ,- Debt To Capital Auet Ratio 10.50% 9.86-10 9.26.,. 8650/_ 8000/0 7.40"1_ 7.77"10 7.09% 6.49% 9.44% 1V-28 .~..--- - -- ......- - -~- .. .........-.- ....-.- -~ ,_..._-~ .,-~-- ..------ - -...... ] ] j ] ] j ] ] J ] j j 1 j J J ] . .";'. cO '!' : .'1'" ':' ,':' SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1 6G 3 EXHIBrr M. 1 WORKLOAD INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 3,!>CO 3,000 2.!>CO - 2.0:0 1 ,!>CO 1,0:0 500 o 1m 1m 198'9 1990 1991 1992 1993 1994 1m 1996 PERMIT APPUCATlONS RECEIVED Source: SFWMD Regu.1atioo DcpInmcnl _SWIM &. Everglades worts Of The District I::::::::t Consumptive Use .. EnviroomentaJ ResouTOl The regulatory pennitting function, which promotes the conservation and proper use of surface and ground water, has expanded at the District. In 1989 the District instituted a user fee to recover the cost of processing applications. The number of permit applications issued during the last ten years ranged from a low of 1,889 in ) 993 to a high of 3,354 in 1988. Permit ApplicstJotla Received 1967 1988 1989 1990 1991 1992 1993 1994 1995 1996 ! Environmental Rs80urce 918 1,6)4 1.563 1,126 UXX> 941 UX13 1;m 1;J72 l~ Consumptive Use 1,619 l,7~ 1,176 1,.234 1.3)1 1,cm 794 7S1 67E SS3 SWIM" Everglade. won 'J!J7 en 361 92 << S Z7 Tot.aJ Application. Received 2,S3i 3,354 2,m 2%7 2.29@ 2)11 1,889 2,134 2,OS3 I~ j 1 1 1V-29 ~":_' -"" .,:'~,.,:." ..~ j' \ ..~ '. . ~~\. _.,_~_!J1.-..._~.r.__.GlI___ EXHIBIT tv)- 2 4,000 - 3,500 3.000 :w 2,500 III ! ~ ....2,000 Qj ~ u.. ~ ~ 1,500 SOUTH FLORIDA WATER WORKLOAD INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 1,000 500 19l!9 1991 1995 3 WATER MOVED BY DISTRICT PUMP STATIONS Source: SF\W,ID Walcr Rcsourcc E\'a1U3tion Dcp:utmcnt - A\'crnge Pumpang o Walcr Mo\'ed 1 ,)' )(, The amount of wnler movcd by pump ,lations \'aries with the amount of rninfall received The nonnal amowt of water pumped in a YQl' is 1.500.000 acre feel During the drought years the amount ofwalcr pumped was less than nonnal, Wilh the: cnd of the: drought in 1991. the: annual amount of w:ller pumped 11.15 nscn considerably. 199: 199~ I ')')() 199-1 1989 W~l{) IWl Hl92 19\):\ 199.' 1995 lWG Acre Feel Of Water Moved B)' Pump SlIItions 675JXXJ 370.i)('" !.S()t.(('() :1 .5tXl.OOO :1,8W,000 2.-100.000 3925 .coo :1.J78.ooo IV-3D };.~, }',:;: : .....:.;~,....> ,.'j,::';y,..;:, ~,< ~ ,~~";' ': \,.,:: :\:"} r, '>',":::.~}?:;,i\ :::~: '::/':,', .:~::<, 1 :.: ,:'>, ~:,. ,_;.',': ; .1,:',< . :-: ;',: :', :' ~ ': :: .:, ~<.:", . .-.-.. .] ] j SOUTH Q :-).\ VvATER MANAGEMENT DISTRICT WORKLOAD INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 45 16G EXHIBIT M . 3 AVE OUR RIVERs o ACQUlSl1lONS , .J j J J j J j J J ] 40 35 :g 30 ~ '025 ell l20 ~ c.' t=. 15 I 10 5 0 Under Florida Statutes, the District is entitled to Ironies from \he Stale of Florida which are at the Water ?~;li,)g'~Ill:nt Lands Trust Fund am the Florida Preservation 2000 Trust Fwd Environmentl] Protection acts as trustee of these District funds. The purpose of these trust funds is to endange~ lands which are subject to approval by the Department ofEnviroMlCntal Protection as land acquisition program. Since the first purchase ofland under tlus program in 1983, the District haS acres at a cost of $287 rnilliOIl 1987 23,272 $26,243 1988 1989 1990 1991 3,883 42,1~ $2,728 S32,173 1992 199~ 3.876 $6,635 hNS Purchased j Expenditures (Thousands) 25?!J7 S 16,752 4,717 $,9,757 5,683 $8,912 J 1 J >] 1V.31 ] 4' ted and appropri<1ted to State Dcpartmett of quire environmentally of the Save Our Rivers based over 246,000 1995 1996 22,363 19,881 S38..COS S73,S 1 0 ....."Jl...fII';~ SOl1T>< FLOR:'DA WATER ~GEMENT D,STR'CT I I I I I I I I I I I I I I WORKLOAD INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 "5 "0 -t 35 e 30 ~ '0 25 '" ~ 20 'n " ~, &; 15 I- SAVE OUR RIVERS lAND ACQUISITIONS 10 '''' "" "" "90 '''' "" "" "" "" '''' II Under F10nda Sla1Ules. the Distnct 15 e~tJed to moNes from the State fFlonda \\ ruch are allocated and approprialed to the WatJ:;T Mamgemert Lands lrust Furd and the Florida Presetvatlon 2000 TrllSt Fund The State ~ of Environmen1al Protection act1. Trustee oflhese DIstrict funds. The purpose of these lIUSt fwds .s to acquile en\ironmen&nr cOOangered lands which are filct to approval by the Deparunelll ofEn\'ironmcnl~J Pmtecuon as part of the 4 Our land acquisition program. Sita ~ fir>! PUrch:lSC ofland under this rogrnm in I <j~,. the DistriCI has pun;hasedover 246, lams at a CJ:JS1 orS~~7 mi.1liOl ,( \ 5 o 1987 1988 1989 1990 11991 1992 19'J:\ 1994 1995 1 Acres Purchased 23,272 25%1 4)17 3,883 I 42,179 5.683 3.R76 28.822 22,,'l63 19,881 Expenditures (Thousands) $26,243 Sl67521 s97571 S2,T.! S32,I73 $8.912 56.635 ~1.7l S38,S6S mo510 .~ , I ) IV-31 , , 3 SOUTH FLORIDA WATER MANAGEMENT DISTRIC EXHIBIT M . 4 WORKLOAD INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 $35 $30 $25 III $20 c ~ ~ $15 $10 $5 $0 I I I ~---r-~ _~___~__ \ I I ------r WATER MANAGEMH LANDS TRUST FUND ACTMTY Sour~: Florida Department or Environment.,1 Protection 1''''"'''1 B I v E ~,:,:;;~-:r-: a ance at I ear 1 ...~ Additions - Disbursements 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 The Water Management Lands Trust Fund, establt,hed In 1981 bv the Stale of Florida, provides funding for acquisiti rr..anagement and maintenance of environmenully sensitive lands The major source of funding is provided by . portion 0 documentary stamp excise lax collected by the Slate. Oth~r sources include interest income and ci\il penalties. The an: additions have remaincd relatively constant over the years. while the annual disbursements have fluctuated depending on the and nwnlx:r of major land purchases occurring in a year Thowaoo. 1m 19&8 1989 I 19')0 I 1991 I 1992 1993 I 1994 I 1995 199t! ~nning Balance I S18,3161 S25.249 S20,9~ I S23J&2 I S30.021 I S I &.80-1 $8.261 I SIOJ73 I S13,6061 SII/ Trust Fund Ad,Jjt10"" D:x:umentary Stamps 12.608 Il.so2 11.891 10.677 8.515 8.624 10,563 12.526 1I.21i9 12~ Civil Penalties 98 16\ 32 WI 637 8.1 142 150 Interest Income 1,424 1.603 1,916 ~.273 1,772 879 581 551 8?8 1. Transfer In 2,B5 Total Addi tions 14,032 J) .203 J) .968 12.982 10J88 10.140 11.227 13219 15.152 13. Trust Fund DisbUl"llements Lo.nd Acquisitions (2.645) (12.M3) (6.758) ( 1.574) (13.930) (14.039) (2.674) (3234) (2.661) (4.1 Debt Servi", Payments (4.654) (4.655) (4.651) (3.<J.IO) (3.899) (4.651) (4,45~) (4.451) (4.020) (2,' MaintenL'ln<::e (131) (823) (2.00)) ( 1.558) (1.989) (2.2.\0) (3.599) (3.' Inte<1!O'"'mmental ( 1.782) (435) (1) (17) TaUlI Disbursements (7,299) (17.m) (11.540) (6337) (21.611 ) (20.683) (9.115) (9.986) (10.297) ('): F..ndill\l Bal.nce I $25.249 $20,954 $23J82 S30.027 \ St&.80-1 S8.261 I SIOJ73 \ S13.606 $ 1&.46\ I SZ1 IV-32 I I I I I I SOUTH FLORIDA WATER MANAGEMENT DiSTRICT 1 6G 3 EXHIBIT M - 5 WORKLOAD INDICATORS FISCAL YEARS ENOm SEPTEMBER 30 $80 PRESERVATION 2000 TRUST FUND ACTIVITY \ I ____~_+_~___ i i ! ~------------ I i I $60 '" c ~ $40 ~ 520 _ DisbWSL"lT.cnLo:. Source Flon,j, DcpJr'tmenl of En\'ironmcnlJ.\ Protl..~tl(':1 D Ihbncc at Year I'r I . -. - ^JJlti",n~ I so 1995 1<)<)6 1993 19<).. 1991 1992 I The PrcS(."f'\'3110n 2CXY) TnlSt FunJ, es'nh\l::ih~..: In 1-)') i tw the Sinh: (If FlorldJ. rrovlJcs fun\iing for the ru...ch3..~ l-f \ management land.s and lands necessa" '" I;r.rkmen~ ;t" face" alc'r IInrn",cment anJ m:lJ1agcmenl plans"" ,<:1 Ivr.}, In D1Sui~t's five-year land acquisllion plan The mJ.ll)r :'oo.1U.f\..'l' l':' :'i.~i1,-!l:1~ J:oi prI.1\"Il.kJ hy a [X1t111)n of the momes rc:c<':l\'c..1 fn1m s-'lk of Slate re\'enue: hond.;; Since 19Q..l. the Prc:,cr",l:h~:~ 2; 1\" I I rll,t hmJ h:1S pt.'t:n the hmJlng 5f,)urcc for the: m.l.h,nt~ (l Dlstnct',.. IJnd acq\JJslilons I I S52.3 ' 19% Thou~an(\~ De~inr.in~ Balnnce I Bon d l' roceecl, lntt~rr.~t incom co Totnl :\,Iclition. Tru.t F U otl :\ (\11 i t \(In:-;. ~7 ,~H' ~.1.:0'" >~,2X= :~.Jln 2~.1: I ~ ;S(l I. <.1(,-1 ~,~OO :.91 g :.g~7 _---22 2g.)(.6 2(,. i '71 2 j ,..1~::! : 7.299 26.%8 5 I.~ I I T r \I:" r F \111 d 1) I' II \I r:-, ,'Ill ('n l:-, 165.3: 1\. 11 0_1 \~:-.: I 12.1(,O) (~).sgR) (28.\ \0) LAnd AC'1ulsition~ Rehn[(' Liilhilily Totnl Di,uur.em cnts j 65.51 I s..g.. Entlin~ I1nlnnco S2 H .J(.(, I I tV.33 I 1 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT M . 6 WORKLOAD I~JDICATORS FISCAL YEARS ENDED SEPTEMBER 30 $40 LAND ACQU1SrnON TRUST FUND $30 II) c ~ $20 ~ $10 I I ---:-'-1-- I I ___.0--_____._ $0 - Disbursement.'; IWdH Balance at Year EOO 0"_ Additions 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 The District's Land Acquisition Trust Fund was established in 1983 v.ith funds received from the sale of Special Obligation Land Acquisition Bonds Receipts from the bond sales are restricted 10 the acquisition of land for use in managing. SUP1,h1Ilg. conserving and protecting water resources in the DIMct The funds were depleted by the end of 1993. During 1996 the District received an additional S34.4 million from the sale of Special Obligotlon Land AcqUisition Bonds. Thousands 1987 I 1988 I 191\9 I 1990 1991 1992 1993 1994 1995 1996 Beginning Balance $34,691 I S6.02l I S6.274 I $2.8S4 $2,010 S2,2B8 $2,368 SO soj ~ Trust Fund Additions Transfer from WlvlL TF 4.358 Transfer from SFWMD 500 Reimbursement Broward County Il62 Reimburse' .nt: State of Florida \.720 Sale of Land 209 ~et Bond Proceeds 34,389 Interest Income 780 252 202 213 125 102 36 22 358 -- Total Additions 780 252 0 213 1,&45 102 36 S$4 31,956 -- Trust Fund Disbur&omcnts Land Acquisitions (19,449) I I (1l,450) (1,l)ll7) (1,567) (22) I (2..404) I I I F.nding Balance S6.02l r $(,.274 $2.884 S'2.010 S'2.23S $'...368 I sol sol S8S4 $35,3-10 1V.34 I I I I I I I I I I I I I I I I I B I 1 6G 3 DISCLOSURE SECTI()N S.E.e. Rule 15c2-12 Disclosures I I I I I I I I I I I I SOtml FLORlDA WATER MANAGEMENT DISTRICT 1 6G 3 CONTINUING ANNUAL AND EVENT DISCLOSURES The followmg disclosures comply with amendments of the Securities and Exchange Commission (SEC) Rule 1502-12 (b)(5)(i)(A) to (0). Erfective in 1995, the amendments required municipal bond underwriters to gRin reasonable assurance from bond issuers that they will provide continuing DISTRICT AGREEMENT Al'o'D EFFECTIVE DATES In respective Bond Resolulions. the District agreed 10 provide eontinumg di",losure of (a) annual information and (b) notices of malcrial evenls upon Is~ujng its annual informalion and notices of material events Special Obligalion Land Acquisilion Refunding Flonds, Series 1995 and for disclosure '.0 the lICcondary bond market. To enter the bond market, the District and olher issuers of slate and local govemmer,t securilies are indirectly affected by these amendments. Special Obligation Land Acquisition Bonds, Scrie" 1996. We arc also providing this informal ion for the only other oUlstanding District bonds: We are using this Section of the Disl"ct's Comprehensive Annual Financial Report 10 comply with our continuing disclosure agreement. S!",cial Obligalion Land Acquisition Refunding Bonds, Series 1993. SUMi\1ARY OF CONTINUING BOND DISCLOSURE REQUIREMENTS RKipl~Dt Annu2:1 flnancul Audile,", Annual l'iollct or r.ihlrt to Infomllllion Fin2nr!;)1 Sr;altnlClltJ N'ollu ~bl('rbl Ennls Pro\'ich Au...) financl2J Inform.IIOft SEe Ru!e 15e2.12 SEC Rule 1502.12 SEC Rule 15c2.12 SEC Rule 15c1-12 (b)(S)(i)(A) (h)( 5)( i)(13) (b)(S)(i)(C) (b)(5)(i)(D) Errectivc FYE (I) Effective FYE (1) Effective Effective ApI. 1 After Jan. 1. 1996 Aftcr Jan. I, 1996 luly 3, 1995 After FYE (5) X X X X X X X X X X X X I Each NRMSIR (2) or the MSRB (3) I Each NRMSIR (2) Paying Agent (4) I Ur.derwrilers (4) (I) For the Dislrict, the dale first effeclive is for Fiscal Year Ended (FYE) September 3D, 1996. (2) Nationally Recognized Municipal Securities Information Rcposilor)'. (3) Municipal Securities Rulemaking Board (4) Required under Governing Board Resolution 95-28, Section 2~ in connection with the j"uance of th,: Special Obligation Land Acquisition RcfundlOg Bonds, Senes 1995. I I I V-I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT ANNUAL FINANCIAL INFORMATION SEC Rule 15c2-12 (b)(5)(i)(A) requires annual financial information And operating dau that Arc generally c.oDsistent with the presentAtion includc.d in the Official StAtemcnts for each Bond issue. As A background, the following paragraphs summarize the .Security for the Bonds' .ppearing in the Official StAtements Subsequent paragraphs. tAbles and exhibits contain the required flOanci.l information and operating data to include Pledged revenues, Funding And AllOCAtion of monies and deposits of the Trust Fund, And Historical debt s.ervice coverage. SECURITY FOR THE BONDS The flonds arc secured by a tirst lien on and payable solely from the .Pledged Revenues. as provided in the Bond Resolution. The Bonds Are limited obligations of the Distric:. As such, the District, the Sute of Florida. or any public body in the State shall not pledge its full faith And eredil to the payment of bond principal, intctest or premium: or direclly or indirectly b<: contingently obligated to levy any \.axes or to make Any appropriation for payment except from the Pledged Re\'enues for &bt service on the Bonds. Pl~tlg~tl R~v~mus consist of all monies collected. allocated to the District. and deposited in the Water Management Lands Trust Fund (lhe 'Trust Fund-) which consist of: a st!"re of the DocumentJH)' Stamp Ta,. inyc!'tmcnt earnings. and civil pcn:dties The Pledged Revenues equally and ratably secure the ~ries 1993, 1995 and 1996 Bonds The Trust Fund is maintAined by the Flond. Department of Environment;]1 Prolection 1 6G 3 DOCUMENTARY STAMP TAX The Slate of Florida imposes an excise ux 00 documents (the .Documentary Sump Tax'). Under current law. the Documentary Stamp Tax is levied upon c.ertain insrrumc:nu \vhereby intcrt1U in real pr("lpcrt)' arc conveyed, orlginal issues or stock, bonds "nd deb<:nturcs issued in the Slate or Florida. pr()mis:;.o~' nole-5o or other wriltcn obligalions 10 pay monc:y. and mortg:lges recorded in the Sl2.te of Fiend.. 10 &eneral, the amount of the Document.lry Stomp Tax due with respcctto an instrument is based upon the amounl of indebtedness evidenced or secured thereby, or in the ca~ of document5 transferring interesb in property. upon the consideration ror the transrer, or. in the case of stocks and bonds. upon the face \'alue or actual value thereof. The Documentary Stamp Tax i. collected hy the Department of Revenue of the State of Florida (the -DOR') nnd by the Clerk< of the Circuit Ce.uns of the counties in Florido on behalf the OOR. The OocumcntJry Stamp Tax is distributed, for various purposes, pursu3nl to a s1atulorily.presc.ribed formula. Under current law. the OOR distributes the Documentnry Sump Tax collee:ions and inve"ment earnings, thereon, as follows: The fITst 7% to the State of Florida General Revenue Fu;,d to pay a ponion of the eo$lS of general go\'ernment The costs of collection and enforcement ,)f L~e Documentary St.mp Tax are dcducled b:! and for the use of the Department of Revenue. ^ ponion of the then remaining Documentary Stamp Tax collections (including investment earning') arc required to be deposited in the Trust Fund. There is no assurance thot the Florida Legislature will not chJnge lhe percentage allocations 10 the General Fund, the Documcntory Stamp Tax collect",,,. to 'he TnHl Fund, or the pereent.ge of the Trust Fund allocable to the Distric\. Likewise, the Legislalure could implement an appropriolions bill a frecting the distributions to the Trust Fund. Such changes. if m.de, could affect distributions to the Trust Fund. However, lhere exists an implied contract with the State to allocate sufticient doc\.lmentary SHimp tax; revenues to cover debt service V.2 I I I I I I I I I I I SOlITH FLORIDA WATER MANAGEMENT DISTRICT The following table illustrates the hislarical laxalion raLes and percenloge distribution to the Trust Fund. 1 6G 3 Year Err.elive Tn (per S100) StoelulBon ds/Mo rt~.~cs HISTORICAL DOCUMENTARY STAMP TAX RATES MID TRUST FUND DISTRIBUTION 1963 S .15 1981 1985 1987 !990 S .:'2 1991 1992 S .35 FUNDING AND ALLOCATION OF THE TRUST FUND Deposits distributed to the Trusl Fund began accruing to the District and the SLate's other four water D'lllnagement districts in August 1981. Under preseot law, moneys from the Trust Fund (net of DEP's administiative expen",s) are allocaled monthly among the State's five waler management districts in the following percentage.: 30% . Soulh Florida 25% . SI. Johns Rivcr 25% . Southwest Florida 10% - Suwannee River 10% . Northwesl Florida I DOCUMENTARY STA?>1P COLLECTIONS AND DEBT SERVICE COVERAGE I Exhibit N.! entitled 'Historical Documentary Stamp Tax Collections and Debt Service Coverage" reflects Documentary Stamp Tax colleclion., but not any investment income thereon, refunds or olher adjustments (including OOR administrali,'e fees) 10 thc account from which dislributions are madc by lhe Dcparlment of Revenue. Thcrefore. varia lions in the pcrcenlagc of Documenlary Stamp Tax collcclions dislributed to tbe Trust Fund arc renected therein. I ! I The projections of "D.,cumentary Slamp Tax Collections and Debt Service Coverage" in Exhibll I I Tax (per S100) -I. to Deeds Tru.IFund S 45 7.20 '!. S .50 9.110 '!. .55 9.20 % 6.90 'I. .60 6.56 '!. .70 5.84 % N-I are ba;ed in pari upon the assumptions :..iat the Documentary Stnmp Tax rales and percentage of lotal re\'enues allocated to lhe Trust Fund sh.111 remain const"nr with the above uble and that the percenlage of the amounts In the Trust Fund allocated 10 Ihe District sh.1I remain at 300/.. USE OF THE TRUST FUND Expenditure of moneys from the Trust Fund is lim ited 10 payment of dcbt service and the aC<luisilion. m;:lOilgemenl, maintenance and tapil.~l improvement costs of cerl.in lands included within the Distllct', Five- Year PIon and to DEP's co,;\ to odminister thc Trust Fund. The District is authorized 10 issue revenue bonds payable from amounts in the Trust Fund only for such purposes. Moneys in the Tn,sl Fund not needed to meet land acquisition and management costs, or current debt ser\'ice, are invesled by the Slate Board of Administration, to the credit of the TnlSl Fund, in Ihe manncr pro\'ided by Florida law. lnterest received on such investments is credited to lhe Trust Fund and proportionally allocated to thc District. A L,fc-to.Date Analysis of the District's Account within the Water Managemcnt Lands Trust Fund apreors on Exhibit N-2. v - 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ESCROW AND RESERVE FUi'<llS Two funds provide security for payment of debt service on outstanding oonds: An Escrow Fund within the TnJSl Fund and A Surety Bond Issued by MBIA and held by the Trustee. Tru.l Fund E.crow An Agreement between the Distnct and the St;lte Department of Environmental Proteclion rDE"-) requires DEI' to set .side and escrow from the fJrst moneys allocable to the District in the Trust Fund. sufficient moneys for the payment of princ'p.1 and interest on the Bonds becoming due in such Bond Year. DEI' is obligated to pay Trust Fund moncys sufficient to pay debt service as it becomes due on the Bonds to the District's Paying Agent. However, such payment shall not exceed the District's cumulative portion of funds in the Trust Fund. Debt $en'ic. Reserve Fund/Surrty Bond The Bond Resolution provides for the establishment and maintenance of the ReserJe Fund for the purpose of making deposits in the Debt ServIce Fund in the event the moneys therein are 1 6G m~UfrlClent for the: payment of sums due on the Ronds, and for no other purposc. Money' on deposit in the Reserve Fund shall be mainlained for the benefit of the holders of the Series 19~13, 1995, 1996 Bonds, and any parity obligations of the Di~tTict issued pursu"nl to the Resolution. The District is required In have on deposit in the Rcserve Fund an amnunt of money andlor Debt Servicc Res",,,e Fund Surcty Bonds eqU.11 to the Reserve FUI',d Requirement. E3eginning in t 995, tll( Dislncl opted to provide a Debt Service Reserve Fund Suret)' Bond to meet this requirerr.ent, The Reserve Fund Rcquirement is defined in the Resolution to mean, at any time, an amount equ.,t to the: lesser or (I) lhe maximum amount of principal of and Inlcrcst or, all OUlstJnding Bonds due in any succeeding Fiscal Year, or (ii) thc aggregate of tcn (10%) of the oris;"al proceeds or each Series of Bonds Upon Ihe i<StLlnce of Additional Bonds, the Dislnct musl meet the added Reserve Fund Requirement. AN:'oIUAL DEBT SERVICE REQUIREMENTS Debl sen'ice requirements on the Series 1993, 1995 and 1996 Bonds are as Collows: ANNUAL DEBT SERVICE (Principal & Interest) REQUIRE~IENTS (Millions) ~ Series 1993 Series 1995 Serie.1996 I Bond Y cars Tol.1 Ending October 1 1997 $7,93 1998 57.93 1999 57.93 2000 57.93 2001 5793 2002-2006 $35.15 2007 -20 I I $35.15 2012-2015 528.13 Tolal $133.08 - 5207 $2,05 :S3. 8 1 52.07 52,06 $3,80 $207 S2.0S $3.81 5207 52.38 BA8 52.07 52,37 53.49 $1187 S 10.37 S 12.91 S....., ,"'':: S 12.90 S 17.81 S 10.32 $62 28 ~~ V- 4 I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1 6G AUDITED ANNUAL FlNAi'o'CIAL STATEMENTS REQUIRED NOTICES Seelion II of this Comprehensive Annual Financ\3! Report eonuins the Disltiet's General Purpose Firullleial Statemenls and related Report of Independcnt Certified Public Accou:'lIants. These sLalernc:nU arc: consistent with the General Purpose Financial StJltemenls eonuined in Ihe Official Statements in compliance with SEC Rule 15c2-12 (b)(5)(i)(A) and (B). Thc following lable lists each malerial event and required nolice deflncd in SEC Rule 15e2.)2 (b)(5)(i)(C) and (0). Since none oceurTed. the t.'lble confIrms that no notice to the NRMSIR or lhe MSRI3 and the SID was rcquired for any of the material e\'cnt~ related to each of the indica1ed Land AcquiSition Bond Series CUrTently outstanding This confirms compliance .....ith SEC Rule 1502.12 (b)(5)(i)(C) and (0) from July 3, 1995 10 Ihe d.te of this report. I NOTICE OF MATERIAL EVENTS OR fAILURE TO PROVIDE REQUIRED LAND ACQUISITION BONDS ANNUAL FINANCIAL INfORMA TIOl" RULE SERIES SERIES SEf:IES SEC. DESCRIPTION 1993 1995 1996 (C)(I) Princi!",1 and interest payment delinquenCIes None None None (C)(2) Non.!"'ymenl related defaults None Nvne N(.ne (C)(3) Unscheduled draws on debt service re~cr\'es rctlecting None None Nr.ne financial difficulties -- (C)(4) Unscheduled draws on credIt enhancements rcllectir.g None None None financi.1 difficulties (C)(S) Substitution of credit or liquidIty p"widers. or lhell None None None failure 10 perform. (C)(6) Adverse lax: opinions or events .dfccting the None None None Llx-<:xempt status of Ihe security (C)(7) Modifications 10 rights of securit~ holders None None No:."\c (C)(B) Bond ellls. None None None (C)(9) Defeasances. Nonc None None (C)(10) Release, substitution. or sale of propem' securIng None None None rt'paymenl or the securities. (C)(II) Ratings changes. None Notle None (0) Default of the Florida Department of [n,,"onment.1 None None None Protection on ils obligations under the Agreement (0) Failure to provide annual fmancial inforrniltlon or None None None operating data in a timely manner -- (0) Required under Goveming Board Resolution ry5."S, SectIOn 2~ In connection \.\:ith the 1SSU:lnCc of t"e Special Obligalion Land Acquisition Refund,n. Dands. Scrie. 1995. I I I I I I I I I I I v - 5 I SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1 6G ""5 EXHIBIT N - 1 Historical DocumenLary Sl.1mp Tax Collections and Debt Service Coverage tv:.tual for !;l."t.. ~iv>..1 y....,~ .I"n" ~n, 1~!\1 . 1<l<ll; Pf6j~1iKI (of tit,;!, fi(,1II rfUIff, Jidi.l0, fWl . 'i66f. ..,,,,,eM ,...,........ .-._----~- fo<..!,.~t -&IIIi.-~--il.i;-- fru,l fun.' An"II.1 f1.i~ ~...it,. R.~lIil.ii..'tI. FIsul VI., Documtnt1rt OI51rlbution AI\<><: ,110M ."_CQUIl9tJlltO\l\ll.At\l1inll ~\lClU' Enc:~ ~1u ..,u", '0_ DrlIC $.HviU c-_ .IIroL:iQJJl C~ignU2l IIlIstEuncU') Dj,IrJ,Wl Requir.cmcnlli5l Emlilll Al:tI.al 1982 (7) $169,444,7<1e S13,=,440 $4,08' ,632 $0 11163 207,634,634 , 4.324,E.58 ~,297,397 0 191J.o\ 297,677 ,i,Y, 2O,679,36J 6,203,809 3,440,013 L80 x 1985 305,5.35.',,17 2 I ,002,8-\5 6,300,85-1 4.363,9'.>0 1.44 :r 19&5 339,915,2'..>3 31,611,716 ~.48J,515 4,952,902 1.91 x 1967 416,107,536 39,161,83.1 , 1.7 <Ie,5SO 4.553,525 2.52 x 1988 441,037,751 40.223,8-45 12,067,154 4,854,975 2.59 x 1989 447,526,514 40,137,549 12,041,265 4.651.= 2.59 x 1990 429,586,620 37,918,001 11,375,400 4,653,237 2.44 . 1991 469,952,103 28,982,217 8,694,665 4,654,627 1.87 x 1992 504,021,673 28,m,eM 8,466,806 4,6SO,607 L82 x 1993 639,012,875 32,616,494 9.784,9<1e 4,6SO,957 2.10 x 1994 77 4,924,927 42,821,383 12.846,415 4.45,,184 2.69 . 1995 695,282,881 37,375,100 11,212,530 4.453,529 2.52. 1996 775,1SO,811 4' ,066,75/\ 12,320,030 5.432,175 2.27. fr~~~ 1997 $816,900,000 S4J, 400 ,000 SI3,020,000 $7,935,048 1.64 . 1998 849,500,000 45,200 .000 $ I 3.560,000 7,932,148 L71 x 1999 914,7OJ,OOO <Ie,7OO,OOO 514,610,000 7,935,482 1.8-4 x 2000 998,1OJ,OOO 53,200,000 515,960,000 7,935,192 2.01 x 2001 1,076,6CXl,OOO 51,400,000 517,220,000 7,933,455 2.17 . 2002 1, 140,200,000 60,800.000 $ 18,2-10,000 7,031,905 2.59 )I 2003 , ,199,800,000 64,000,000 $19,200,000 7,030,470 2.73. 2004 1,258,7OJ,ooo 07,200 ,000 520,160,000 7,027,925 2.87 x 2005 1.324,8OJ,ooo 70,8OJ,ooo S21,240,ooo 7,028,485 3,02 x 2006 1,400,700,000 74,800,000 S22,440,OOC 7.028,815 3.19 . (1) Represents lI1e State's fiscal year of June 30: not lI1e Oistriers fiscal year of September 30 on ExhiM N.2, (2) Source: Ltgislative Division of Eocncmic and Oemogr.>ph;c Re,earch, The Florida L"9islature. (3) Adual Sour~DEP Analysis of Fund Slatus & ActMty projeded Sou.~ The Florida Legislalure, Joint Legislative Management Committee, Division of Economic and Demographic Research, Long Term Oocumentlry Stamp Ta. Forecasts-Post Session. Consensus Estimating C""reronce, Book 2, -Revenuo Analysis", Volume 121, Summer 1996. DIStributions to the Trust Fund rePfe-s.ent 5.84% of Stale of Florida Doc\...lrTM'!:nlary Stamp Tax revenue fOfecasl in accordance vvr..h Chapter 201, Florida Statutes. Amounts have been tIpresse-d net of certain OOR adnUnislratr-.-e expens.e-s and are rounded to t~ nearest S' 00.0::0. (4) Allocations to the District exclude CMI penan.;e1o Of tnve:stmenl earnings on amounts within the Trust Fund. (5) Rept'ewnts debt s.trvice principal and inlerest requirements for bond years ending October ,. (5) Represents the number of times the documentary stamp allocations (excluding interesl income and civil penaltte's; see Exhibit N-2) to the District WIthin the Trust Fund CO~r the annual debt se""ice p'\ncipal and in1erest r~uirements. (7) Distribulion of Documenlary Stamp Tax revenuos 10 the Waler Managemenl Lands Trust Fund began in August 1981. v - 6 I I I I I I I I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT t 6G 3 EXHIBIT N . 2 Waler Management Lands Trusl Fund. Dlslrlct Account Llfe-to-<lato Analysis (July 1, 1981. September 30,1996) OISTRICT FUND Olstric1 REVENUES EXPENDI,.URES B",LANCE Flsc.al Year Oocumenlary Allexat.d ACqUISlllonl Dtbl ~r- Ended Stamp Civil Interest M.aintenance Stat. (2) Service (31 MOr Sept JO (1) I.iRt f~ Il=mt C2lli I.rilWlli. f.mooll.t WilJ.Q 1962(15 Mos,) $5,055,982 $0 S:\66,476 $0 $0 $0 $5,424,458 1983 4,868,970 0 673,014 6,154,955 0 0 S4,eol,~7 1984 6,185,869 0 643,814 143,407 0 4,208,787 S7.2'18,976 1985 6,737,625 5,000 884 ,443 0 0 4,J.39,s:Je SI0,566,406 1986 10,3&4,840 0 ',010,435 1,269,997 0 2,155,571 $18,516,113 1987 12,607,49/l 0 1,421,474 2,545,000 0 4,65:J,52S $25,249,560 1968 I I ,501,906 97,800 1,603,2S9 12,842,828 0 4,554,975 $20,~~,722 1989 11,800,9'24 160,628 1,916,000 6,689,135 0 4,asl,ZlO s:z3,3t 1,009 1990 10,!i77,T.l3 32,065 2,7:T2,977 2,397,451 (\ 3,940,262 $:30,0"&,971 1991 8,515,2ll1 100,785 1,772,578 15,930,142 1.782,504 3,898,nl S18,e04,lsa 1992 8,624,226 636,971 878,699 15,596,662 435,000 4,650,607 $8.261.785 1993 10,563,341 82,827 580,623 4,663,491 0 4,452,043 $10,373,()42 1l/ll4 12,526,006 141,974 551,016 5,533,806 '.';;1;7 4,451,184 $13,EiOS,061 1995 11,269,447 150,431 897,960 3,426,= 15,968 4,020, I 90 $18,461,108 1006 1.2.SliOMS ~S J..221.Jm ~ ~ ~~ $22.~,616 Lif...,....Oate 114.1 Q<ll:rr.l 1U.ll.Z2fi ~..:l'l9 w.~ ~~ S~, <m ~5Il szz.:al.W <'1 Represents the Oislricl's fISCal yeN or s..plember 30: rod the Slale's (,seal yea' of Juno 30 on Emibil N.I, (2) "",nsfers in: FY 1991.9'2 represent payments of inte'esl in thos<> ye.", to suppo<l the P2000 program, FY 1994-96 repres.ent payments for D[;'P admirustralrve expenses (3) R.presentlransfe<s from the W....r Managemenllands "rvsl Fund 10 I~ Oebt SeMce Fund held by the "rustte. ~JnO<I1l$ oM. vary from tI"Mt actual debt wrvice payments due to accumulated mooc-s $UCh as tntert~ earnings in the Debt Stf'Vi(-...e FtIld. (4) IncludeS the required e$CrO'H amount rept'osonling the debt service paymenls lor the nexl bond year (see E""ibil N.I), Y - 7 1 6G 3 t 6G 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICf MANAGEMENT LETTER FOR THE YEAR ENDED SEPTEMBER 30,1996 _,,',"'~"M".""""~'----' ARTHUR ANDERSEN 1 6G 3 '!Ih,t \"~i,' ~\ . . MANAGEMENT LETTER PURSUANT TO Tnt RULES OF TilE AUDITOR GENERAL FOR THE STATE OF FLORIDA SllI:l' ....l~' JI~\',':~!W,~'~ 1:',:.~ 1".111 1,,'.ltkr,:.d. i; d;I;2~,;I-:'-. To the Governing Board of the South Florida Water MaJlagement District \Ve have audited the general pllrpa~e financial statements of the South Florida Water Mal1ageme~t Dlstncl (the" District"), as of and for the year ended September 30. 1996, aJld have issued our report thereon. dated November 22. 1996. \I/e conducted our audit In accordance with generally accepted auditing standards and GO\'ernment Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose finanCIal statements are free of material misstatement. The purpose of this letter is to comment on those matters described in Rule 10554(1 Xf) as requmd b~ the Rules of the Auditor General for the State of Florida Accordingly, in connection "ith our audit of the general purpose financial statements of the DIstrict, a~ described in the fmt paragraph, we report the following: A. CURRENT YEAR RECOMMENDATIO:'OS Consistent ....,th the prior year, there arc no matenal weaknesses in flOanci<ll management controls at the District However, opportunitIes will continue to arise to improve existing practices. Accordingl\",lhe following recommendations to improve financial management. the District's accounting procedures and internal control structure were developed during the September 30, 1996. audit. \, Budgetary and Financial Level of Control Comment: The District should establish guidelines that ensure that the budgetary approval a1vertisement, transfers and anlendments and the financial report balances renec consistent c1a~s;fications (object. purpose, fund, etc.). These classifICations mllS renec. the District's lep,21 level of control as deflOed in the Florida Swutcs Th. Distrip's current prO<.edu,,'s result in dissimilar reporting classificatIons fo budget and actual figU:-S Response: Management concurs that the District should establish guidelines that enSllr consistent report classifications and demonstrate the required legal leHI c control. The Budget Office ....,11 draft such guidelines which ....ill standardlz future reporti ng. ARTHUR ANDERSEN t 6G 3 Commellt: ',"orken' COl11pfnsnlion ('Ollllllfllt: Ites"onse: "..".,.,..,."'""__....-_....,~ UnfJ/mU'; The Dlstnct shollld nn~IYl.e the rcl~ltve co~t of.1 workers' compell"~110:l \10;,.i.", IIlSllr~ncc pollCv A ~top-Ioss inSlIr~nce policy wOllld cover c~I~;lropl", cia"'" ~bove ~ cert~lll 1111111 S1I1Ce workers' compellsalloll c1nllllS nre "01 cOH,ed \" ,he st~tutory "nllts of other types of claims, Ihe D.slncl 111~\' be open 10 b,;e II~btlll\ c\ :lllllS .\1al);)?.("I)'~II,1 CQflCUfSo Wlttl the (ecC)1I1111~r111atl(.rl1 ltUft Ill~ D"H1( t ~l'''''I\(l ~n:Jh'. ~':A H:'.:J..~',,, "'...,.1 ./ 'rl~....f,A."'J,: "~rf"l..","It,,...., ~f"t>"lflo(.( ""~I":"lr" (n ,1,t' !",'=f ~'t('t r'W~I~'.!.~ w~s (,.,.,.,,,lcrr,l eml prM"h1l.vt 3. IlIformation S~'stcn" PrO;rn1l1111erS have dlfect access to prOdllC1101l lIbranes. . nth,r Ih~n lesl "lll JII"S Ihrollgh Ihe nse of thelf adlllllllstrnllve genenc user ID TillS lI, ~ less th.1f1 l,k.11 srf',re3~lloll of dlllle~ ProducllOIl progr~l11s shollld be copied f.OIIl the p,nd"'ilon libr~ry where they reside to a progrnllll11er's "lest" IIbr~ry when ll1~lIllCllallce IS Ilecess~r\' At the sal11e l1111e a copy of lesl d~t~ fdes should also be placed IlltO ~ "IC>:" librai')' The Ilew progr~m shollld be thorollghly tesled ag~lnsl Ihe test d~la rtles ",hen Ihe program IllOdiflc~tlon h~s beell l11~de The Illfcr"l~lloll Systel11S l11~n~gel11ent should Iransfer the lllodlfled progr~111 to Ihe prodllctlOn "br~r\' ollce testlllg IS complele 1\1~Jor COlll101 belleflls cOllld be oCllved I,,' 11>111;: progr~11l Itbr~r\' software 10 cOl1ltol the Iransfer of progr~l11s frol11 leSI lC prodllcllOI1 "brancs The control of Ihis transfer is Imponanl 10 ensllle ihat dat: .s proces~cd nccoro,ng \0 Illnllagemcn\'s obJeClives If II1IS Iransfer IS nOI proper" controlled. ~n IIl1allthon7.ed compllter progr~m could be IIsed to process d~t~ ThIS. in turn. cOllld result 111 1l1isstated fillal1c:al slnlements ~nd/or ll11prOpC transnctions being processeothrough the syslem. .A. special password, kn0\Vn 01'1' by supervIsor)' personnel, would be reqll1red to make the tr~nsfer from lest I production, The supervisor would then h~ve control over which progr~ms ale p Into proouclion and can review the new or l110dified programs before tr~nsfern" them inlo production. Incompatible responsibiltties sholllo be seg. eg:lIed I 'l11prove progr~m chal1ge conlrols The Distnct concurs that the recoml11ended segregntiol1 of dillIes .s a dC5lfab elel11ent of IlltemaJ control. However. l11anagement believes that \\1th.n g1\" resonrees. cxisling conltols provide re~sonable. but not ~bsolutc. assur~nce proper recording of financial transactions, The concept of re~son~ble ass1lf~n recogniz.es that the cost of n conlrol should not exceed the expected bener. Accordingly. nHII1Jg",'1ent will estimale the costs :\JlO related bel1eflts. lit propose incrensed :~sourees for staff an%r production contre1 softw;u-e 11\ ils I 1995 budget "'l"est It) add, eS5 tllis matter. :! ARTHUR ANDERSEN 1 6G 3 3. Information Systems - eont'd. Currently, there IS insllfficient staff to provide for the recom11lended segregatloll of dulles. EXlSllllg progr;1I111l\er/allalysts re'lnlre access to the production Iv;lelll to provide dail~ "hot-Illle" Sllpport pills mghlly and weekend "on-ca1l" response Addlllonal '1l1a1lfled Ilaff l11embers reqllired to perfomllhese fllnctlons wOllld aho need the techmcal profiCiency to analyze and write programs As a IC5ull, Ihls alolle may not solve the COlllro1 lllaller The added assurance provided b\ productloll control soflware IS expcnsivc and re'l'llrcs a ccrtain amounl of overhead-typc work cffort Comment: The District's I11temal alldlt fllnclloll is primarily flnamial In n:1ll1re and EDr alldits arc not perfornleci due 10 IIInited EDP skill sets of Ihe IIlSpcCtOI Geller;,!'s slarf Allhough a IlIlllteci, high-level revlcw of illformatlon systenls IS performcd 111 conllecl;oll wllh Ihe annual exlemal alldil, the objectives of Ih,s review arc 1I0t 10 detenl\ine whether all District sys!ems arc operating efficlenily and effecHvel, alld arc appropnately COlltrolled EDP audits of COlltrols ovcr IS ploceSSII'" sholl1d be performed 011 a regular baSIS to enable prevelllion alld early deteCl101I of errors or irregulanties III processing both flllancial alld 1I01l-flll;U1clal dal:1 Data systems of bOlh a flllallclat and prograllllllatic lIalllre have prol,ferated within all departments at Ihe District creatillg a high risk of fin:l!lCIal and programmatic exposllre An EDP allr.lt fllnctlOIl wltl\ln the Office of Inspector GCIlcral wOllld perf 01111 objective alld thorollgh Illdependellt reviews of Illformatloll syslems rcslllllllg III 1l11p'OVeI11CllIS 11. alt fllnclional areas of the organi:Wllon's infonl\allO\l systems ellVlronmcnt and provide ass\lrance that proper managel11ent COlltrol over systems are cOlIsclent.0I1sly malnlalned. The D,stnct sho\ll.! [onsld,:r e.ther rcdlfeclll13 all experienced EDP staff pOSition 10 the Inspector Gelleral to perfonll S\.SlelllS rcvlews or use externally contracled EDP audit censllltants to perform regula. EDP revicws on behalf of the Inspector General's Office. For Ihe long tenll, Ihe Inspcctor General sho\lld ellSllre that traill1n~ be provided tl) his entire lI\lcmal audit staff in EDP audit technl'l"es Itcspon,e: :-'lanagemeut concurs As automation and infonllation processing pcnllealc the District's opcrations, obtaining better EDP audit tcchnical skills will be an cssential training goal for Ihe entire Inspector General (IG) staff. IG staff generally obtain a basic understanding of District business systems in relallonsll1p to lheir impacls on variolls programs under review. As such, IG staff have been involved in assuring lhe accuracy of compllter generated infonllatton by alldlllng around the system as opposed to 1t;jiting through th~ system. The IG staff has also obtained a basic underslan.1ing of VariOllS SY5lems as end llsers EOI' systems have not been 311diled per se ,,,,,_,....M.i,,.,.,,;_,_;joI<___lOtll1 ARTHUR ANDERSEN 1 6G ~ .-' 3. Information Systellls - cont'd. Subsecllon 20 OSS! 8) FS stales Each agency Inspector General shall. 10 Ihe extenl both necessary and practicable, Include on his or her staff indl\lduals with electronic data processl1\g auditing experience. The burgeonll1g nse of new and existing computer applications and the complexity of om systems JustifIes all indepene!ent informa\IOI1 systellls audit function within the Inspector General's Off,ce This woule! allow for fuller audit participation In systems deSIgn and Implementation, evaluallllg the adequacy of EDP conlrols. tesllng data secunt\ and phYSICal secunty of EDP syslems, evaluating and testing Slorage cOI11rols, contIngency planning and disaster recovery systems. Syslems Will be tested al the design/implementation stage and will alsc, be I1\dependel1tly rete Sled periodically to assme that subsequent changes have not undenlllned the progr:m's' inlegrity The Districl believes thai tillS can best be accomphshed bv redlrectll1: a technical slaff person to the Inspector General's Office to perfonn aulfJnomOllS andll work as part of anlnlerdlsciplinary team composed of olher members "f Ihe IG staff ano other District slaff as required for each project B. 1'!UOIt YE:\I~ ItECO:W,IF:SD:\TIONS The followl1\g is a summary of the Seplember 30, 1l)()5, recommendations as conllllllnicated In Ihe pnor year's managemel11 leller oated November 17, 1<)<)5, alld the ClITrent status of lI11plemenlallon of Ihose recolllmendations. In addilion, all recommendalions made ounng earlier auoit periods arc fulh Implemented. I. Hecollciliatioll of Sclf-Insllrnnce Loss Data COllllllcnt: The District maintalns a database for workers' compensatIon, alllO hablllty and general liability claims The type of e!ata maintal1\cd incllldes cUlTent amollnts pa,d. cllmulative amounts pald, recovenes. open reserves, lotal 'ncIIlTed ami 10tal c1alll1 vallie. AddItionally, the D,stnct contracts WIth n third party ndlllll1lstr:lIor who mall1tail1s sllllllar data, but not al\ the same data. \Ve underslnnd Ihat Ihe two arc \'enfied on :\11 I nfonll "I baSIS whenever a c1:\10\ reserve is adjusted as well as a\ various other limes ~unl1g Ihe year. The District should perfonll a reconciliation of the District data and the llurd part~ administrator data al least quarterly. District staff should in\'eslignle unreconClkd differences and Ihe appropriate level of management should revIew Il,e reconciliation. It is also important that a reconciliation be prepared as of Ihe date that the actuarial analysis will be perfonlled. The reconciliation should detail significant reconciling items to ensure that appropriate case reserves are established ano that claim payments are properly charged. This reCC'nciliatir;~l will al>o enSlue .[1'e ;.',"ogrity of Ihe data suppllee! to the actuary when dete.m:ning self-l1ls,:'ancc loss liabilities. 4 ARTHUR ANDERSEN 1 6G 3 I. Hrtolltiliatioll of Self-In~urante Loss Data. ront'd. Respllnse: \!anagement concurs that the D,stnct should compare Ihe Insurance Sofl\\.lle package (I S Pl database and the 1111 rd party adnlllllStralor IT PA) d:H:lU:lSe peflodlC:ll!\ to maint:un the 1I1legri\y of the data between the two datab:lses AlIholl:;h Ihes~ d:ltnbases arc maintaining simIlar data they do not malnlain exactly the S:lme dala The IS? Includes Clalll1S data for claims other Ihall workers' compens:ltlon. aulo hability alld general habihty which arc not kept by Ihe TPA Also. the IS? Inclndes ca~e adminIstrative costs not maintained in Ihe TPA datab:lse AddllIOnaJly.lllll1n,: differences relating 10 when claims are entered inlO Ihe Iwo databa~es tHe con1l11(.,I1 The District currently verifies all claims payments made by the third pall\ administrator on a monthly basis In addItion. lhe D,stnct will review repons generated by Ihe two databases related to open reserves. total incurred and recovenes on a quanerly basis and just prior 10 preparation of data for the lndcpendelll actllanal analysis. Risk Management staff will perform this compar;~on :1Jld .Aceountlll:; sl:tff will revIew It prior to SlIbnllsslon to ,he actllalY. Management will e\'allla1e 11115 procedllre after one year to dctenlline if the b,~nefils exceed the ongOing cost of lI11plementing the procedure. Esllmated Implen\el1laIIOn Date Risk ~lanagcment Accounting Ongolllg Responsible Di\'lsiol1 Current Stalu~: Third Party Administrator reports alld Dislrict database arc recon,;ded luonlhlv Corrections to each database are beil1g made 011 a cllrrent baSIS This pro(('dure \\111 be continued C. OTllEll !\1..\lTEI1S III COIIl1CCllon wilh Ollr alldlt of the general pllrpose financial statements of lhe District. we leport Ihe follo\\'lI\g mallers described in Rnle 10 55-1( I Xf) as reqUired by the Rnles of the Auditor Genel~1 for the State of Florida: -1 No irregularities were reported in the preceding aJlI1ual fmancial andit. The District is exempt fro01filing the aJlnualfinanciaJ report with tlte Department of B~l1kl!lg and Flllance pursllantto Section 2Ill.32( I Xb) because it 15 a component unit of the Stale of Florida. Dep~rtment of Environmental Protection The District is not and was not during the fiscal year in a state of financial emergenc\' as a consequence of conditions described m SectIon 218.503( 1). FlOrida Statutes No Violations ofla\\'s. ndes and regulatIons were discovered within the seOl'e ')f Ihe fll\anclal audit that did or did not matenally affect the fll1anci~1 swtements No illegal or Ilnproper expendItures .....ere discovered within Ihe scope of the flllanClal allOlt that did or dId not.... .'~':.. "ffecl the fll1anclal st~tements. No mailers req\uring correction (~s defll1ed by Rules of the Auditor General 10 5-1-1 [ 11If17 l that did or dId not materi~lly affect the flllanC\al statements were noted (, 5 ARTHUR ANDERSEN 1 6G 3 C. OTIIETl MATTERS - cont'd. 7. The Sonth Florida Water Management District (the District) is a public corporatIOn Olg,nnll.ed under Florida Statutes, Chapter 373 and controlled by a Governing Board consisting of mile members appointed by the Governor to staggered four-year ternlS. The District is f1nal1C1ally independent as evidenced by the authority to make and approve its own budget. the power to tax. the authority to buy and sell property. and the authority to incur debt. "",,* This report is intended solely for the use of the District and the Auditor General for the State of Florida. and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which. upon acceptance by the Governing Board, is a matter of public record ~ ~ LLP West Palm Beach. Flond" November 22. 1996 6 1996 1 6G "3 SCHEDULE OF REGULAR SFWMD uOVERNINC BOARD MEETINCS JJ~ January 10 January 11 February 14 February 15 MarCh 13 March 14 Apnl10 April 11 May 8 May 9 June 12 June 13 JUlY 10 July 11 August 14 August 15 september 11 September 12 September 24 October 9 October 10 November 13 November 14 December 11 December 12 .1.lJ97 January 8 January 9 Governing Board worKslloP Governing Board Meeting/Regulatory Meeting Governing Board WorKshop Governing Board Meeting/Regulatory Meeting Governing Board worKShOP Governing Board Meeting/Regulatory Meeting Governing Board worKShOP Governing Board Meeting/Regulatory Meeting Governing Board WorKShOP Governing Board Meeting/Regulatory Meeting Governing Board WorKShOP Governing Board Meeting/Regulatory Meeting Governing Board worKShOP Governing Board Meeting/Regulatory Mep.ting Governing Board workshOp Governing Board Meeting/Regulatory Meeting Governing Board worKshOp public Hearing on Tentative FY 97 Mi/lages & Budget Governing Board Meeting/Regulatory Meeting PubliC Hearing on Final FY 97 Mi/lages & Budget Governing Board WorkshOP Governing Board Meeting/Regulatory Meeting Governing Board worKshoP Governing Board Meeting/Regulatory Meeting Governing Board WorKShOP Governing Board Meeting/Regulatory Meeting Governing Board WorKShOP Governing Board Meetlng/Regulatory Meeting 9am 8:30 am/2 pm 9am 8:30 am/2 pm 9am 8:30 aml2 pm 9am 8:30 aml2 pm 9am 8:30 am/2 pm 9am 8:30 am/2 pm 9 am 8:30 am/2 pm 9am 8:30 aml2 pm 9 am 5:15 pm 8:30 am/2 pm 5:15 pm 9am 8:30 am/2 pm 9am 8:30 aml2 pm 9 dl1l 8:30 am/2 pm 9am 8:30 am/2 pm ,,,..,,,~",,,,-,,,,,,,._,,.,,,.,.,..,,,-",,,-''''''''"'' ~ .. 1 6G 3 '" --- c - ... ... South Florida Water Management District ______._"_____.___~__..__'___ __u________ -- -.- -------------------.-----.--------- 3301 Gun Cluh Road, We.1 Palm Hea, h. '.lurida .'-'-1011' (~(oI)I1HI1-HHOO' FL W,\ TS HlOO--I.U-2CUj ADM 10-06 January 30, 1997 Dear County Clerk: In accordance with Florida Statute 189.415(2), the Special District Public Facilities Report, the South Florida Water Management District is pleased to provide an update to the Public Facilities Report . Enclosed is the FY 97 Project Engineering and Construction Summary. The document identifies the planning, engineering, land acquisition, and construction activities for many of the District's Programs to be conducted during Fi5Ca1 Year 1997 (October I, 1996 through September 30, 1997). There are three Programs represented in the document: a) Water Resource Land Acquisitions & Management, b) Operations & Maintenance (O&M) of Regional Flood Control Systems, and c) District/Basin Management & Administration. A brief description of the project is provided along with a funding summary. preliminary schedule, and a location sketch. Following the introduction is a spreadsheet containing proposed facilities that the District plans to build, improve, or expand during the next five years. A budgetary level cost estimate is provided in the appropriate year. If Ihere arc any questions regarding the information, please contact me at (407) 687-6170. /~nccrcl . /V Zan Ku er, 'D' ector Enginee ing Project Management Construction & Land Management Department ZKfhh Enclosure (;IJ,'''''-'11'1gH,,,,rJ \',llrric.' Bon!. Ch.llrlll;1O Fr;mk \Vilii,\Il\!ooll.Jr.. Vin: Ch"irm.1O \\'lill;1111 t-:.Cr;\lnm ~.lIn\I~'1 F.. P'H.k 111. F...~...~ltlW 1>11 ~ li~.h.ld S1.'~1I1n. I )t.'\,u~ En.dllln \Villi,lln 11.1111111' '11'\ I\ct~\. l\ CUlt Rid;.,,,l ;\. ~ 1.,.lwk FI'~~'!H'~. 1\'111~ ~~llh.lIl1d P. Ih'~'d \lir;~lm ~in~t'r :-'bi1in~ A,ldrc>s: P.O. 1\", 2.l{,RO, \\',."t 1';,lm n",,'h. Fl.l1-11h--IOHO _~_'~'Ol --------- 4 5 I 6 I S.99 S-658 Xl S.G58X2 'S-658 G-Bl. E '-- Q..;Q ~ . ~. I' \ L- , I '. =,.... 0 ! :E ~ V'l ------ F G.es .S-65C . S.65cX1 . S-68 · S-650 5-83 5-82 . · '" '? . S-65E ~ . . . . · S-I54 " S-75 5-8.4 G-79 Okeechobee S-192 ~ G-78 G.77 A. . G-106 . .. So191 . 8m."-j. ch;;i; " G.J6 S-70 S.72 "S-127 " G-208 8-135 " G-207 . 5-71 · 8-129 ~~. ~ 5.308 . .S-153 · 8-131 ( , [" I ,'I ,jr I'> . 5-76 " eu-s , 5-3-42 . . tV-SA S..c7B . 8-n ". 8-235 >. .~.,--_._-_..-._. 5-352 . S-78 5-"70 " G Clewiston G-I35 . G-1J4 . S-4 · 5-169 " " 8-310 5-236 . ... S-3 .5-354\ '.'l,.> l' . G-96 G-l36 " 5-351 Belle :2 Glade . " S-5AX . G-212 S-6Z . G-152. .. G-I50 G.,51 5 6 7 8 \. 5--41 .. Boynton lktUn WCA 1 .'" "',.--_..",.."""-------~-_.;-- E '. o:eo " \. . "\ ' '.. Q-91 F G . .- 4 saX1 ""S-65B S-65BX2 G-85 . . 5.68 S.83 S-82 . · 5-78 . $-6SC . . 5-65CX1 · 5-650 . S.75 5-84 '. S-70 S-72 . G-208 G-207 . S-71 · 8-129 .8-131 , . Cp-5 5-342 .-.. tV-SA------ . 5--47B. : 8-n .. 8-235 S~7D . , S-65E . . . · $.154 lI'l '? <.!:l . 8-127 : (! ~: , .C:O ~ ' S-4 · 5-169 '. 8-310 · S-2:l6 !. C. Clewiston G-135 . G-134 · G.95 G-152. Okeechobee 5-192 . A G-106 ._ S-191 RQ ..; ;;; ;;; 'G~36 Ol;re(ir II d (' " I , ----- ---- - -. . . A' . G-l36 . . G-15O .. G-151 I 8-3 . 5-3541 . I . G-212 6 5-99 . G.81. G-79 . . G.78 · G.77 8-135 . 8-308 . .S.l53 . S-76 5-352 . Belle Glade . · S-5I\X 8-351 5-2 5-6Z · "'~~1 . _":1 <:I" ....<fJ" J>. ,. C,.g.(A / _ ":1 ~T -0 107 . ,_.. .._. s..",. __ __ .._ _.. __.__ ...,....... _" ~_.. u.:t., ~ 5-150 ,. WO\ 2 ~ <\ ,. S-JaB ---.-- \i~' J!'J! .~ G~'. ~1'....1''l't)'~ i.ft t>> s..11C~, '... </> , ~ 5-1111.: C"l 5-11A h.'43 5-1(2., S.1~1 G.l?:!". S.,J,j . S'12~ i S- ~'!f'l.~ . '''';';'''4<'''\' "(;.119 ,'>:'l,.~..... 5.338 ..':! If4At G..a4 '::...,,' ~ ~ 5-121 - ":1~ · . < . ,~ ~ <II .. - So22 ~2{1e- (). 5-1 1~. .' ---------...--. .1 .." )33" "'''_'' S-1" .,' QJZ7, .SJ 73 s S""g. · S-123 J ~ :'. .,~. S-\22 .' '~" "';. ',' , .':r S-1g.( 8'1Q(). . 't:"?~~l;;~:'~...:';!\.,... ". "l' 5-196 S,l~"60.. ~:. ":".. :r.:.'~. . '., ,", -, .. . ! ,...fo' .h,~:t,.,l', ~'., ..... ,,!>..,l)~I>'J """.,~..t. "'I,l.'", ~, , "!'..(~'N....::l>;. ",.~, 'i~/1j./~' '''174 5-167.. . C..,!!~;' 'l:~'''''li' ., 5-176"5179- orw/ ~,~;~~~~' :. ,:. :;.;: . . . .h."0t"~}~"" '...:.:".....:.... ~ S-2OA. ~ " ...~ ~..:.~, '.~ 'l.~~ ',~ ~.'~')~' .,.' . ':-'~~ '~~-'lo:' c.:s {';':.:,+J~~':;f,""/~~:,"] r......;,;::;;;.s.m. " · 5-178 ;''''''''',2- ;'if~ ,:r:~":i.;,.j;~'t'" . ':,.. r-'llJ 5-20. ~~:!"T'!TJ' _~>~Li"c,' .. ;\S-1:7.J ~, "~\.. ,} ), ~~..., ~x l ~(. , ~ . .,' ~.. . '>("~f.~l':/i~ . -' I ',..' ~}..- ,1-'.,' ..., ~"f-""r" ..,'\".!....".. : . .; - ..........;1.:).."'1 C", .'~ v':~~ -..';( p' ~~ "',...' r~..t . (,....i:..r., ,..!".. ::;) I , . ,ot&:..., )'4. -,'f,..' ...~" "..' i . '.." V',"" "_r::a...... '_ : . fJ '.:.i';,.:' '. j."l' ;;;'0 ~,vr~{' ..' ., ''li;>.. ','l,; 90 . '.. "..~:; .. ';j. .' . it' ,....~~'.' '. .... ~ ,. .! tJ < 4" '/. 't.,' I~ /. _ 0 " :",'y ,~ ' f " 5 6 Son.. $.81. 5-6 "'S-~ G.2QO · ~ <1' ~ i? '& G.eg · --' . ----<f'- G'~ " '"'4- r'-- t;' ~~ G.ll8 I i J , 1\" .s..33e $-140 . 5-3-40- 5-me. G.86N S-sg:S G-e6S WC-, .1 -\ .~. 7 8 5-41 . Boynton &tuh we" 1 . G.948 ., .' I5ifrisy BelUh - ..I s.~ G.56 · ; Boca Ratoll .. .S-125 G-65 .. 5-376 S-36. G.5i ,.... . . -- ....~-~.-- I I pompano Beach 5-37" S-33 . . lfOI1 Uuultrr:f4JA G-$4 . I ~ i . G.87 SoD. s-~h G.72 . i i _._,-,.,-~._.._.~-_.._- i . S-~ I I ! ! Mlt!nu I \ ..; . 1 .... __ R.... .__._____,,:-______ . G-U · s-:za · 5-17 ... 5.2!i S-256: S-~ s.~ · . G-93 . 5-21 · S.21A ....2OG · S-2OF ,~ I ~ I I '" I I " \ \'- , . I l I ~. ... ':: ~ <... '''\ ,,-, ~ o n > ...-3 ~ o z VJ VJ ~ n ~ ~ ~ tJ q ~ ~ ~ P-' ~ ('t) l-1 ~~ ~ P-' ::1. =' () P-' M'-(fQ ('t) 8 (tl ::3 ~ 4 5 , ! i 5-62 . I 5-57 . 5-5& B . '5-59 I $'60 .__ .. __0 . !Hi1 . 5-63 \ I . 5-63A . r.. ., ", ^~ H C I , G-l03 G., '3 D WEIR-3. WE1R-2 ' WEIR-'., ----- . -"- ..f::-.'_- =-==::--:'-::::--::. . ~ i ' '/ '. , . ,l ~ l __'. .~ ~'h._..~:- . '. --.. I " , , ,.. I \ \ ....L-.... "\ 1 ------................ ~t--_n......l......- .... ~.- - 2 J H GG~. . ~U- 7 ~ . 'u 6 ~ GG-S" . fl.l-~ ~l'~ . 1.~J . GG" GG.] . Cl\.,J1 J .- 1,1~1 .' fU llG-l GG1 "1U(~2 . Naples .. K . IIl1S4 I . WJ-7 ~ IlII2H · IlII2H . SIl2t-4 111(; crr1l} ~~ .....U10....V. I~J.S/J(\'I: ~flI c~., . . . . '" , <ill' ~ . """'PlI[ 1 1oI1llEI\.1 .a.FU-1 . JII2I.a__._._ ------ .~ . WI-' ] ..:.-. j -' I r - ,-~, -_....-- L ------1 \ ._,...l 1___ S TltCTl1lE IOCAT loSS 1 2 3 CI.JlS I S. \H ( Ci. 31 S 1 S.I67 ( CU. j J S.IH G CU.B G S - 1 i 3 ( CHHB! I S - 17 4 ( FU. I 1 S - I)) 1 1\;.2 1 5.1H 1 6 A J 11. 3 I S.177 1 ~ .\ ~ FU. ~ 1 S.IH ( ~ FI1-j H S.}H ( ~ ,.._-".......",.""...,"-_......--'-_._~_.. w-r - M _1_ 1 6G 3 south Florida Water Management District FISCAL YEAR 1997 project Engineering And construction Summary WITH FIVE-YEAR PLAN Prepared by Construction & Land Management Department December 1996 "'... M ~. . lllill' _~~_f~_."1 'i'_ 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1 6G proJect Engineering And Construction Summary GOVERNINC BOARD Valerie Boyd, Chairman. Frank Williamson, Jr. Vice Chainnan William E. Graham, William Hammond. Elizabeth Knnt, Richard A. Machek, Eugene K. Pettis, Nathaniel P. Reed. Miriam Singer EXECUTIVE DIRECTOR Samuel E. Poole 1II DEPUTY EXECUTIVE DIRECTOR Michael Slayton CONSTRUCTION AND LMIO MANACEMENT DEPARTMENT William F. Malone. Direclor Chuck Rinaldi. Deputy Director - Land Alben Ba.~ulto, Deputy Director - Construction ENGINEEIUNG AND PROJECT MANAGEMENT DIVISION Zan Kugler. Director PRINCIPAL EDITOR Alel'. Perez TECHNICAL ASSISTANCE Be"y Hickey MAPS Ana Talavera DESIGN. PHOTOGRAPHY. 81 PRINTING SFWMD Visual Communications Division ___,;i 1 6G 3 FISCAL YEAR 1997 PROJECT ENGINEERING AND CONSTRUCTION SUMMARY TABLE OF CONTENTS Page INTRODUCTION . , , , . . . . . . . , , . . . , . . , . . , , . . . . . . . . . , , , 3 FIVE YEAR CAP/TAL IMPROVEMENT PLAN P1SCAL YEAR 1997-2001 .....,..".,.....,........ 5 REGIONAL FLOOD CONTROL SYSTEM PROJECTS. . . , . . . , . . . . . 9 Microwave Building Hardening (So. Loop B-66) . . . . . . . . . . . . 11 Pump Station Engine Control & Instnunentation Repl. Phase 2 . . 13 Pump Station Back Flow Gate Replacements . . . , . . . . . . . . . , 15 Pump Station HardeningfRehabilitation ................. 17 Fuel Tank Containment ........................... 19 Power Load Center/Generator Replacements. . . . . . . . . . . . . , 21 PC41-C24 Culvert Replacement .,................,... 23 PC06-L62 Cuh'ert Replacement ..............,....... 25 PCOI-L61 Culvert Replacement .,......,............, 27 5-155 Fishing Pier Repairs ......................... 29 S-82A Tailwater \Veir ....,....................... 31 G-92 Repairs ...........,....................., 33 Canal C23/C24 Bank Repairs. . . . . . . . . . . , . . , . . . , . , . . . 35 Cocohatchee Canal Phase 3 Improvements .............,. 37 Cocohatchee Canal Bridges (palm River Blvd. & Lakeland Ave.), 39 Cocohatchee Canal Bridge (Bay West Nursery, Nursery Lane, & Rose Boulevard .............,................ 41 County Road 951 Canal Improvement'; & Culvert Replacements. 43 Lucky Lake Strand Stt'ucture . . . . . . . . . . . . . . . . . . . . . . . . 45 FACILITIES & BUILDING IMPROVEMENTS ,....."...,..... 47 Electronic Support and Data Acquisition Relocation ......... 49 B-1 Headquarters Building Emergency Operations Center Addition Phase I ......,....,.................,..... 51 B-1 Building Roof Improvements ..................... S3 BCB Administrative Building . . . . , . . . . , . . . . . . . . . . . . . . 55 Americans with Disabilities (ADA) District Wide ........... 57 DEVELOPMENT OF PUBLIC USE FACILITIES . . . . . . . . , . , . , . . . 59 Public Use Facilities Corkscrew Regional Ecosystem Watershed ............. 61 Everglade.<; Buffer Strip. North .................... 61 Pal-M ar Property ............,.......,........ 61 Upper Lakes Basin Watershed Property. . . . . . . . . . . , . . . 61 FISCAL YEAR 1997 PROJECT ENGINEERING AND CONSTRUCTION SUMMARY INTRODUCTION 1 6G The Project Engineering and Construction Summary Documenl idenlifies the planning. engi- neering. land acquisition. and construction activities for many of the District's Programs to be conducted during Fiscal Year 1997 (October 1. 1996 through Seplember 30. 1997). This Summary Document is facilitated and prepared by Construction and Land Management staff with support from various District Departments as project sponsors. The program method used for the FY 97 budget development had its origin in the rethinking effort that began in the fall of 1995. The program scheme is the result of a number of rethink. efforts. including a comprehensive evaluatiorJprioritizationlranking of projecls under a Dislri wide programmalic concept. The program structure contains four distinct levels of detail. The are: Level J - Major Program Areas Level 2 - Programs Level 3 - Program Elements Lel'cl 4 - Projects There are four Major Program Areas within Levell. two of which are represented in this do ment. The four Major Program Areas are defined as: 'District-wide Water Resource Management Programs (included in tltis summary) . Regional Restoration Programs . Local Water Resource & Support Programs . Functional Support Services (included in this summary) The next level of detail below the Major Program Areas is the Program. There are 13 Distri Programs and three are represented in this Project Summary Document. The three Program a) Water Resource Land Acquisitions & Management. b) Operations & Maintenance (0 & of Regional Flood Control Systems. and c) DistrictlBasin Management & Administration. The next level below Programs is called Program Element. There are many Program Eleme that are aligned under their appropriate and respective 13 Programs. This Program Elemenl represents continuous activities that together constitute a program. An example of this wou the Capital Program (Program Element) under the 0 & M of Regional Flood Control SYStl (Program). The last and lowest level of detail in the structure is the Projectle'lel. These are the chang aClivities lhat support the Program Element. This level captures costs allhe most detailed Narrative descriptions. schedules and costs for the individual projects are included in this Projecl Engineering and Construction Summary Document. 3 ____,....1:. 1 6G 3 Regional Flood Control Systems 'I'hese projects consist of activities related to the operation and malntenana of the original Central and Southern Florida Flood Control Project. Major empJuzsis is placed on the efficient operation and maintenance of approximately 200 primary water control structures, 25 pump stations. 1,800 miles of canals and attendant levees, and approximately 2,000 secondary structures (including project culverts). This system controls inflow from secondary sources into the District's primary flood control and water supply systems. ~ B-ee ACIa 5-39 17. LAIr.lI:RDJJ.Z WJ:ST IILIJCI n:EUl ST AnON N1AMI scum HOllEnl:J.ll nno STAnON 5-\73 f.:U SA-5 SA-N CLtYlSTON nlUl STAnON ,~ N L \0 1 6G WIU:S LAKf OKffCH08ff \ A Tl.ANnC OCf AN c:i c:i u u W tLI o Q t>: < Z Q o ::E ) MICROWAVE BUILDING REPLACEMENTS. SOUTH LOOP ----~.._~- 1 6G .. MICROWA VE BUILDING REPlACEMENTS, SOUTII LOOP ro!m/IV(i I'roj<<;l TOIOI Prior 'I' con 1''1' 97 I'Y 97 FY 97 flY 91 rvlUrc Y un F...ihiIiIY (le,iln 1..nd Consll\lctlOn ^ctlU'albun Sl.lJ7,1OO $l&7.201 0 0 0 $1),000 ".72).000 '~M//VA.Y5CHRnULR I. o.l.III ". vi ,,'.( """. ~ o' I 01 I III I Q4 I'Y 9) I'Y 9~ FY /9?7 flY 9~ 1'Y9'l This is the second year of a 5.year plan to replace the 16 buildings which make up OMD's South Loop (Backbone) Communication and Control System, The building replacements will provide additionallnmumentation space and an enclosed generator room all within a high wind resistant building, All of the siles are located in Palm Beach, Broward or Dade Counties. For FY 97. construction funding ($25.000) is budgeted for hardening of B-66. located on the Headquarters property in West Palm Deach. For FY 98 it is anticipated that the buildings will be replaced at the fol1owin~ 3 sites: C.18, S.39, and Ft. Lauderdale West. Project ManaKtr . Suumnt Charnock /997 Rf:mOIVA/. 1'/.00/1 L'O",/WI. srsn-:M rRoJ/;cr~ r"~, /I 1 6G N WES . I o 10 d 06 tjo Ill!:!! ~3 t! ~ti o AREA OF DET 1JL l WEST P fJ.ll BEACH OCEAN A 71.AN TIC PUMP STATION ENGINE CONTROL & INSTRUMENTATION. PHASE 2 1 6G 3 PUMP STATION ENGINE CONTROL &: INSTRUMENTATION REPLACEMENT PHASE 2 Projo;:! TotlIl Prior Vein FV 97 feuibi1iIY fl/NDlNG FY 97 [)<<;," FY 97 Land Acquisition FY 97 COfII\I\lction Future Y".an 57<1->1,000 o $7<1->1.000 ~9-4.ooo ( NmUMINIoRY SCHBDlILE o.\rIl'" I ~ 1 QI I <r. I Ql I Q< \ I FY 1991 I FY 9S P,''J9 FY 9S FY 96 This is the second and final phase for the replacement of obsolete and inoperative pump station engine instrumentation. Replacements will be modern digital-type indicators for display of vital operating conditions and the installation of a protection system with audible and visual alarms. This second phase is for pump stations 5-2. 5-3. and 5-4. Current instrumentation is obsolete with several non-functional components. The equivalent replacement would not be cost effective. This method would entail major retro work to the instrument panel, as well as individual components which are very costly, Without new instrumentation the operators are uncertain of the engines' operating condition. This could lead to engine failure. The first phase of the projects was funded in FY 96 for $494.000 and included pump stations S-5A. 5-7. 5-8 and 5-140. Project Manager - Mike Hiscock '"d" H 1997 REGIONAL FworrC0f/77W1- SYSTF./f/'f/lt'lfHTS N 1 6G ){Itl3 , o \0 AREA or DETAlL PROJECT LOCATlOIIS WEST PALM BEACH '" I -' A TLANnc OCEAN PUMP STATION BACKFLOW GATE REPLACEMENTS PUMP STATION BACKFLOW GATE REPLACEMENTS 1 6G 3 FlJNDIl'IG FY 97 FY97 FY 97 FY97 Feuibilit, DeliaR Lond cOftllt\l<1i on Ac.qui.1ilion 0 11I-hoo~ 0 $243,000 ,.BELlM/NARY SCHBDULE Ff~"l't/kL : ,00000,...';~/I,,(Dc<oIz&s-s...Ai;;:"COut S-SA l.);DCoiP$440 'LCQD.It-SIAIO , Q' I Q1 I Q) I 0< I FY 95 FY 96 I F'Y \997 I FY 98 FY 9'l This is the second year of a long term plan to replace the back flow gates for the pump units of the stations. The replacement of the gates will utilize a combination of construction contracts as well as in-house OMD forces. The proposed funds for FY 97 ($248.000) include a portion ($51,000) of the multi-year funded contract with Archer Western Construction awarded in FY 96 for replacement of gates at pump stations S-7 and S-8. Half of the gates at pump station S- SA are planned for contract replacement in FY 97, The backflow gates are necessary for the pump stations to prime the pumps for pumping operations during low water conditions. The backflow gates are also necessary to shut down when there is excessively high water to prevent the back flow of water which would result in failure of the pump unit. The failure of a back flow gate would render a pump unit nonfunctional. Projut Manager - Ralph Hayden /W7 REmONAl. noo/} CON77lm. SYS7FM PR()jELf!i rn" 15 :..-.,-""",,,....,.., "..."'--,-_.....----. N ~ 1 6G 5-2 5-3 5-4 S-5A S-6 5-7 5-6 5-9 5-140 WlU:S 1 0 10 BEACH CO. LAK[ OK[[CH08[[ (\ A TLANnc OCON .0 u a: c.l :J o u PUMP ~TATIOti HAIlDENINC/REHABILITATION 1 6G 3 PUMP STATION HARDENING/REHABILITATION Projca ToUt Prior Yeo" FUNDING FY97 FY97 FY 97 FY97 Future \'. urs feasibility t)u"n LAncI CONlI'\IClion ^c..:JUiJ,ltinn S 13.000 S175,OOO S 1.210.000 SI,395.000 FY 9S FY 96 ,KEIJItIINARY SCllEDULE ku..... " .... I) .o..t,. .' I DooIpl-q . (>uI" Q' I 17l I QJ I 0' I FY /997 I FY 98 FY9'I ~u c I Most of the pump stations in the flood control system are approximately 40 yrs old and all of the equipment is original. Windows do not operate properly and are rusted, louver systems do not function well and efficiencies have been lost on fans due to wear. Engines have experienced overtemping problems as a result of poor ventilation. In addition, wall cracks and moiSlure leaks have worsened over the years. This is lhe first year of a long term plan to corn:ct these deficiencies by rehabilitating/hardening the: pump stations and improving the ventilation flow. The anticipated order of work and budget for each year is given below. Structure FY97 FY98 FY99 FYOO FYOI FY02 FY03 S-9 $175.000 5-8 $ 140,000 5-6 $125.000 5.7 $ 130.000 5-140 $135,000 S-4 $140.000 55A. 2. 3 $550.000 The present system of hardening the pump stations by placing plywood over the windows greatly reduces the air flow. Ventilation needs to be evaluated by a H.V.A.C. engineer who can address current operational needs under all conditions. This type of evaluation is essential due to the fact that employees are stationed at the pump stations during Slorm events. Hardening of lhe pump stalions will probably be in the form of sleel louvers or shullers. Project Manager - Erik Genz 19'17 RU;/IINAI. nom) l'ON77WI. SYS77-;M l'IWJf.C1:~ fax, /7 N bG VIIJ:5 (; . 10 AREA 0 r Dr!' IJL ci ~e "'w "'- ~~ l;l ~t;; c A TLAN nc OCEAN lfEST PA\J4 BEACH l E.UEL TANK CONTAINMENT FUEL TANK CONTAINMENT 1 6G 3 roNDlNG Projo:t T ""'I Prior Y.." FY 97 FY 97 FY9i FY9i FUlUn: Y un Fu.ibility DuiEn LInd Con.1tt\Jdion Acquililion S565.000 0 0 0 0 SI05.000 H60.000 FY 9S ,P.ELJM1N.4JlY SCHEDULE lfi./iI':3JWIa/; <tl ';C' ..\ I QI I 0: I Q! I 0< I I FY /997 I FY 9~ FY 99 FY 96 The eXIsting containment liners are degrading from ultra-violel radiation causing holes to continually appear. This is compromising the integrity of the containment and allowing these above-ground tank units to fall out of compliance with FOEP regulations. This is the first year of a long term plan to replace the liners with a concrele containment system. The existing geo-textile liners are requiring costly maintenance to maintain compliance with current regulations. For FY 97, the sites for this work will be 5-133.5-127 and 5-135. Project Manager - Art SengupUl 1997 REGIONAL F1.00f)~l'()NTROI. .mm.;M I'KDJF.m 1'111(' Ie, N 1 6G WJ:S 1 ] o 10 ... I .J PROJECT LOC^TIO1'5 A Tl.AN nc OCEAN e>: c.l 3 o u POWER LOAD CENTER (TRANSFER SWITCH) GENERATOR REPLACEMENTS 1 6G 3 POWER WAD CENTER (TRANSFER SWITCH)/GENERA TOR REPLACEMENTS FVND/NG Proja:l Taul Prior V can FY'I1 FY'I1 fY97 FV 97 Futu"' Vun Pu.ibilily Duiln \And CONtNdlon ...cqui.ilion $1.lJO.OOO $29S,OOO 0 In- boule 0 SI70.000 sal $,000 ,.IlEUM/NoUr SC8ElXJ1.E I. Dcs\a $-7 I C<la1I $-7 I ~ S5A,S9 I . eo. S5h. 59 De*" . 01 I 01 I 0' I Q4 I fY 9S fY% fY 1997 L FY 98 fY'I'I Many of the auxiliary power systems serving the pump stations have exceeded their useful life and many of the parts are no longer available for repairs. Generators provide auxiliary power to the pumping stations when there is loss of electric (primary) power from a commercial provider during storm events. This is the second year of a five-year plan for these replacements. For FY 97, the pump stations planned for these replacements are S-5A and S-9. Last year in FY 96, funds were budgeted for S-7. Project Manager - Ralph Hayden rQ~t : / /997 RF.(;f()NAI. FI.()O/'f'CmmWI. Sr..7F.M rRO/H7'X N 1 6G MILES , 1 o 10 A TLAN TIC OCEAN WEST PALM BEACH PC41-C24 PROJECT CULVERT REPLACEMENT PC41-C24 PROJECT CULVERT REPLACEMENT 1 6G 3 nlNDlNG I'n>jod Toul Prior Yun fY 91 fY91 FY 91 fY 97 future Y un Feasibility Oesi,n Lond Corutruc:r.ion ^cquilition $140.000 0 0 0 0 SHO.OOO 0 fY 9S ,UUItlINARY SCH1UJ(JI.E It:~'ilM~;:/':- .~Y;j.t#;;,;id;,;.,:-I. c.- , I O' I Q> , Q) , (,0 1 fY % I FY 1997 I fY 98 fY99 Project culverts play two primary roles as part of the Central and Southern Florida Flood Control Project. One being drainage and the other being water supply. Failure of a project culvert could result in over drainage of wetlands. or inhibit the ability to supply waler. Under our charter. the District is responsible to maintain the project culverts. The project culverts have been in exiSlence since the construction of the C&SFFCP. some 40 plus years. In that time frame no major effort has been necessary to maintain the culverts. A major ponion of the sites are now in need of replacement or major repair. PC41-C24 has been identified by OMD as priority replacements. This culvert site was inspected under the Culvert Inspection Program and its condition was classified as poor with recommendation of replacement. Projtct Managtrs - Ala Garcia rei'" :.~ /997 REGIONAL FLOOf><ON71wr. SrYTEM I'IlOJE:C.TS N 1 6G MILES I I o 10 o t III A TLAN TIC OCEAN WEST PALM BEACH PC06-L62 PROJECT CULVERT REPLACEMENT PC06-L62 PROJECT CULVERT REPLACEMENT 1 6G 3 Project TOllI Prior Ya... roND/NG FY 97 FY9i FY9i fY 97 Fu.ibilily DcaiCn \..Ind COl1llNc:tion Acquisition 0 0 0 '360.000 future Yean o 5360.000 o FY 9' I'REUM/."ARY KHKDU1.E I 0.....-1<:-1 Q.IQ1IQ,IQ41 FY 1997 I I'Y 9~ FY99 FY96 Project culverts play two primary roles as part of the Central and Southern Florida Flood Control Project. One being drainage and the other being water supply. Failure of a project culvert could result in over drainage of wetlands. or inhibit the ability to supply water. Under our chaner, the District is responsible to maintain the project culvens. The project culvens have been in existence since the construction of the C&SFFCP. some 40 plus years. In that time frame no major effort has been necessary to maintain the culverts. A major portion of the sites are now in need of replacement or major repair. This culvert site was identified and inspected under the Culvert Inspection Program and its condition was classified as poor with a recommendation of replacement. Project Managtrs - Bassam Samara /997 REG/ONAI. noon CO/'fTYIOl. Sr.i1F.M f'R01F.CTS rflK' :5 ......... .-..... --.....,.... N 6G ImL'l I J o {) AREA or OET AIL I~ , ei I , ./ i ::. U> I L.. PCOI-L61 PROJECT CULVERT REPLACEMENT ----- PCOI-L61 PROJECT CULVERT REPLACEMENT 1 6G 3 FUNDING Prvj<cl Total PriM Yean FY 91 FY 91 FY 91 FY 91 Fulun: "..", Fea.ibililY Dailn lAnd ConsINction Ae.qubition SI36.000 0 0 0 0 S I &6.000 0 FY 95 I'/tFJJMINARY SCHEDULE {,'I)wlp I le.1 1 QI I Q'l I en I Q4 I FY 9h I H 1997 I FY 9~ FY99 Project culverts play twO primary roles as part of the Central and Southern Florida Flood Control Project. One being drainage and the other being water supply. Failure of a project culvert could result in over drainage of wetlands. or inhibit the ability to supply water. Under our charter, the District is responsible to maintain the project culverts. The project culverts have been in e:tdstence since the construction of the C&SFFCP. some 40 plus years. In that time frame no major effort has been necessary 10 maintain the culverts. A major portion of the sites are now in need of replacement or major repair. This culvert sile falls among those inspected under the Culvert Inspection Program and was determined to be in poor condition with a recommendation of replacement. Project Managers - Bassam Samara rOt' 17 1997 REGIONAl. noon CO/'r/7/OI. Sr:.77"M r/(()JMi~ . ---..:---...,..--..... ... N 1 6G WYLES I o \0 PROJECT LOCATION S-155 FISHING PU;:R REPAIRS S-155 FISHING PIER REPAIRS 1 6G i ... Projccl ToIal PriM V.... FUNDING FV91 FY91 FY91 F...ibility DcsiCn Land ^cquil1tion 0 0 0 FY 91 Conatruaion FulUrc V.... S$5.174 SS.174 S5O.000 c FV 9S I'REl.JM1NMlY SCHEDULE I'.(lil QI I en I Q) I Qol I FY 1997 I FV 98 I'y 99 FV 96 This project consists of installing pile casings/jackets around the existing piles which have been weakened by marine bores. The public fishing piers erected downstream of the S-155 structure are in a state of imminent structural failure. This has resulted due to attack of timber piles. just below the mean sea level. by marine borers. thereby reducing the carrying capacities of these supporting piles to less than 50%. The fishing piers (located on both sides of the downstream channel) were constructed by the Corps of Engineers with OPS (Off Project Site) funds however the District is required to maintain the piers. Since these piers are popular with the public and invites numerous anglers on a continual basis. the above mentioned deterioration places the District at risk. Project Manager - Alex Garcia 1997 REGIONAl. FWOD CON71lOl. SYSTf.M I'ROJEtT.> I'a~t 2'1 N ~ -~ o 5 AReA or DETAIL cD OtJ ~ . , o!~ tOO ",I~ :8 I PROJECT LOCATION S-82A TAILWATER WEIR S-82A TAlLWATER WEIR 1 6G FUNDING Projcd ToW Prior Vein fY 97 fY91 fY91 fY 97 FwlU'" Vean Feasibility Oe.siC" Land COllllNaion Aequi.itw,n Sl,nl,I71 $I.Sal,37} 0 0 0 S700,OOO fY 9S 1'RELlMINARY SCHEDULE ~C' '~'~"h'~~~1 I 01 I 02 I 02 I 00 I I FY m1 I I'Y 9~ FY~ I'V 96 This structure is the third of three weirs planned for the C41/C41 A (Lake Istokpoga Basin) conveyance system. Performance tests of S-68, S-82 and S-83 structures indicated that the structures were unable to safely convey the design flow. The feasibility study for the basin and design of the tailwater weirs ha~e been completed and S-68A and S-83A tailwater weirs have already been constructed. This structure is designed to incr.ease the tailwater elevations downstream of S-82 to allow full gate opening thereby increasing the discharge capacity of the structure. Project Manager - Erik Genz /997 REGIONAL Fl.OOD C0NT110L SYS17-:M PROJECTS r." J/ N 6G II1U:S , o \0 LOCATION PROJECT LAK[ IS TOKPOGA ATLANTIC OCEAN (', 'b G-92 REPAIRS G-92 REPAIRS 1 6G FUNDING Project Toul Priof Y 01... FY97 FY 97 FY97 FY 97 Fu...... YOIn POI.ibililY Dulin Land CONtNClion Arqui,ilion S65,ooo 0 0 0 0 S65.ooo 0 FY 95 FY 96 f'REL/,I,/INMlY SCHlUWLE k~~iH o' I Q2 1 Q) I Q4 I rYt997 I FY 98 FY99 This project was developed from the Structure Inspection Program. G-92 is a single. 10 feet by 8 feet box culvert with discharge controlled by a stem-operated vertical lift gate. The .. structure is located on Canal C-18 appro:tdmately 2 miles west of 1-95 and was constructed by the District in 1986. It was constructed to provide adequate flows of fresh water from C-18 Canal to the Loxahatchee River, to prevent salt water intrusion at the rivers' tidal interface. Initial inspections (phase I) were done and followed by a detailed anal~sis (phase 2) to evaluate options for the repair. This was completed and documented in the consultant's report dated October. '95. Inspections revealed a separation between the culverts vertical walls and the bottom slab which has resulted in a continuous migration of material to seep into the culvert and thereby creating small sink holes along the levee. It was recommended primarily to provide underwater placement of grout in the structural voids at the wingwalls and box culvert and sea>ndary to slip-line the existing box culvert. if the placement of grout was found to be u nsat is factory. Project Manager - Alex Garcia 1997 REGIONAL FLOOfTCON17WI. Sr.m:M NroJECr.; ra1' JJ o 10 1 61 N MILES Q t III A TLAN TIC OCEAN WEST PALM BEACH CANAL (C23 / C24) BANK REPAIRS ----" CANAL (C23IC24) BANK REPAIRS 1 6G 3 FUND/N(; PTojoct TOllI Prior Van FY 97 FY 97 FY 97 py 97 fuwrc Yc:.an P..sihllilY [)eaiKn Land CoftltNction Acquisition S 1.196,263 0 0 0 0 $676.263 sno.ooo Py 95 FY 96 ,Rl/.UM/NARY SCHEDULE I"~;'ij":!<~"il I QI I Q2 I Q2 I Q4 I I FY /997 I FY 98 FY99 These projecL~ are a result of the October. '95 rainfall event which caused extreme bank erosion and wash-outs. FEMA has prepared Damage Survey Reports (DSRs), identifying the scope and construction costs. which will reimburse the District after the repair are done. Severe bank erosion has eroded portions of the right-of-way. In some instances the erosion has depleted the maintenance area limiting the ability to travel on the right-of-way, reducing the _ ability to perform required maintenance activities. Shoaling in the canal has reduced the conveyance capacity in both C-23 and C-24 Canals, affecting their ability to discharge water during storm events. Note: These projects are to be federally funded from FEMA (District fund 407). Project Manager - Art Sengupta /997 REGIONAl. FWOD 'COIflROI. SmFM f'/lOJECTS /,,,,. J5 N 1 6G KIl.&S ......- o 2 BONITA C'> C r- "" o "" ;:. l'T'I X n o COCO #3 PROJECT LOCATION COCOHATCHEE CANAL PHASE 3 IMPROVEMENTS ""'~..... COCOHATCHEE CANAL PHASE 3 IMPROVEMENTS 1 6G ~ Projcd Tlllal Prior Y can FUNDING FY 97 Py 97 FY97 PY 97 Fca.ibililY Duiln Land COnRnJdion Acqu'tili(')n ComplC1c In.ho\Ir.e SH.OOO S3S9.000 TBU PUlll'" Ycan S9!><4.06& S60,06& .\ f'RELJMINMlY SCHBDUt.B t'k";'i/~M'&'%1 I." '.LAlliilf""'?1 I O' I Q2 I Q' I QO I I FY 1997 I FY 93 FY99 FY 95 FY 96 The Big Cypress Basin is presently pursuing an active three phase plan to upgrade the water . management facilities for r~uction of overdrainage and enhancement of flood control and water supply potential in the Cocohatchee Canal Basin, Recent (Oct '95) and recurring flooding in the North Naples/Bonita Springs area in the Imperial-Cocohatchee Watershed, continued overdrainage form the pristine wetlands and the sensitive environmental areas of the Corkscrew Regional Ecosystem. and resulting water supply issues have pI pted the Big Cypress Basin to undertake these improved water management measures. The present configuration of the canal and road crossings cannot provide the requir~ flood proteCtion level of service from a 25-year, 3-day design storm event. The propos~ project is recommend~ to be implemented to aven the above problems. particularly to enhance flood control measures to safeguard public welfare and safety. This project includes canal excavation, construction of an automated. gated water control structure, and relocation of several bridges and culverts. A feasibility study was conduct~ jointly by BCB and CLM staff in April '95 and updated in July 1996. This study recommended modification of approximately 3 miles of canal and the construction of a water control structure (No.3). It was further recommended that the installation of control structure number 3 be done only after implementation of the channel improvements, In the aftermath of the October '95 floods, the BCB Governing Board suggested including an additional 2.5 miles of canal improvements to avert chronic flooding problems in the vicinity of the CR 951 corridor. This canal improvement project will be implemented in multiple contracts. This contract consists of the canal excavation and enlargement. Project Manager - Bob Laura 1997 RE(;IONAI, FWOIJTOI'fTI/OI. SYSTF.M'fROlF.(n fa,. .. 7 N 1 6G ImZS \"",01_ o 2 C') c . "" o "" ~ M '><. (0, o COCOHATCHEE CANAL BRIDGES PALM RIVER BOULEVARD AND LAKELAND AVENUE ..-.-'- COCOHATCHEE CANAL BRIDGES (PALM RIVER BOULEVARD &: LAKELAND A VENUE) 1 6G FUNDING Projcd TOIAl Prior Y con FY9i FY 97 FY 97 FY 97 fUlU'" Y un Fu.ibihly flailn \.and CONtNc:tion Acquisition $)~.OOO 0 0 0 0 SHO,OOO 0 FY 9S FY96 '~MINA.JIY SCH1WULB I"~' Q' I Q1 I Q. I 0< FY J997 FY 98 FY99 This cooperative agreement provides for the replacement of two bridges crossing the . Cocohatchee Canal in Naples, Florida. The Palm River Boulevard and Lakeland Avenue crossings need to be replaced to increase hydraulic capacity of the canal in order to provide the required level of flood protection. This work is a portion of the Cocohatchee Canal Basin Water Management Plan to prevent salt water intrusion, reduce overdrainage, and maintain flood protection. The Cocohatchee Canal drains a watershed of approximately 190 square miles. consisting of mixed development, agricultural, and natural areas. The water resources of the cocohatchee Basin are unique in that they include the sensitive environmental corridor of the Bird Rookery Swamp, Corkscrew Marsh, and Corkscrew Sanctuary. The District will provide funds to Collier County, who wi1\then design and construct the new bridges and take the lead in removing the existing structures, The existing canal crossings serve county roads maintained by Collier County. Collier County owns the existing bridge and culverts and will take ownership of the new structures. The benefits to the District include: improved conveyances at these locations, and avoidance of any responsibility for designing and building roadways and bridges. Collier County will provide their expertise in building and maintaining the county transportation system, as owners and operators. Projtct Manager - Bob lAura J997 REGIONAL FWOD'"COffl'ROL SYS1F.M rTU'JJECTS foX- )9 10"___- N 1 6G wzs ~ o 2 C) C r- "'" ~ ~ M X (") o PROJECT LOCATION _COCOHATCHEE CANAL BRIDGE (BAY WEST NURSERY. NURSERY LANE, AND ROSE BOULEVARD) 1 6G ~ COCOHA TCHEE CANAL BRIDGE (BAY WEST NURSERY, NURSERY lANE, AND ROSE BOULEVARD) FUNDING ProjCCl Toul PriorY.,." fY 97 fY'17 fY'17 fY 97 FUlurc Y.... Fea.ibility Oesi~n lAnd Constrvction Acqui,ition $3...,4-46 $10.166 0 0 0 $)76.2~0 0 fY 95 fY 96 I'RBLIM1NAAr SCH1WU1..B I Dalla I. ~'I I 01 I 02 I Q1 1 00 I I FY 1997 I fY 9& fY99 This project, located in Collier County. consists of replacing two (2) undersized culverts at Bay West Nursery and Nursery Lane. In addition. a deteriorated wood bridge at Rose Boulevard will be replaced. TIle existing facilities are undersized and this results in severe back: water condilions and flooding. The project will enhance the flow conveyance capacity of these canals. An application to the Federal Emergency Management Agency (FEMA) for cost sharing has been approved and FEMA will fund fifty percent of the FY 96 project cost ($101.250). Project Manager - Alex Garcia 1997 REGIONAl. noo/l COfoTlROI. SrsTF.M PROJf;(i'S 1'0" 41 1"""'"____0.' N 1 61 WILES o 2 4 'I ft.ll.lOl<ALEE RD. CYPRESS CAN~ _ 1 .- r -- .J CANAL - ~~'N '''' l> , CR 951 CANAL IMPROVEMENTS/ CULVERT REPLACEMENTS 1 6G CR 951 CANAL IMPROVEMENTS &; CULVERT REPLACEMENTS FVNDlNG Projcc:lTotaI Prior Van FY97 PV97 FY97 FY97 fulu",Van F...ibility Oai,n ....nd c~ M:quioilion $1.200,000 0 0 In-havoc 0 S 1,100,000 TIlO FY 9S 1'UUltlIN..tRY scnEDULB I Hi('{0lIiItIIl1;(9ii'fl ,10/',: COllll......w.:'~JI I QI I Q2 I Q1 I 0< I I FY /997 I FY 98 FY9'I FY96 This project is part of the overall planned improvements for the CR 951 Canal. The project consists of approximately 2 miles of canal enlargement and replacement of several privately and publicly owned culvert crossings. This 2 mile length is from Vanderbilt Beach Road north to Immokalee Road, The CR 951 Canal was originally excavated as a source of fill material for construction of CR 951 roadbed. This canal did not have any design conveyance when built. The October. '95 storms caused extensive flooding in this area. Local residents asked the BCB Governing Board to increase the level of flood protection in this area. Project Manager - Andrea Holtz 19'17 REGIONAL noon COffl7lO/. Sl'S'IF.M PROJf:crs 1'a,.4J N 1 6G IilIl.C!I .......... .............. o 2 4 LEE CO. COWER CO. <t ~ q,.~9. r<-<:J",~'t <ij ~ GULF 3 OF MEXICO r-- I I 1 _I, _ _I 1 I '1 ~ J I J PROJECT LOCATION ALIICA10R Al L( Y LUCKY LAKE STRAND STRUCTURE LUCKY LAKE STRAND STRUCTURE 1 6G FllND1N(; Projod TOIaI Prior Y can fY 97 I'Y 97 I'Y 97 fY 97 Future Y can Pe..ibilily Oe.ign Lind ConJINClinn Acqui.ilion S266.OOO $16.000 Complere Complel< Comr1etc S250.ooo 0 f'1lF.LJM1NMlY SCHEDULE I CQIlOC I ot , Ql I 01 I Q< fY 9S fY% FY 1997 fY 9~ fY99 The Merrill Canal was constructed by Gulf America Corporation as part of the Golden Gate Estates development to provide drainage to the proposed home sites. The Merritt Canal has its northern terminus at 1-75. where a bridge was constructed to allow peak wet season flows from lands north of 1-75 to drain southward via the Merritt Canal. In the 1980's. the United States Fish & Wildlife Service (USFWS) purchased lands north of 1-75 for the Florida Panther National Wildlife Refuge. The western portion of this tract has a natural drainage pathway known as Lucky Lake Strand. Under presenl conditions. the Merritt Canal overdrains Lucky Lake Strand during the onset of the dry season. This overdrainage reduces wetland hydroperiods and increases the volume of water discharged into Golden Gate Estates. The Lucky Lake Strand Structure will consist of a gated weir. and will allow full wet season flow and will reduce dry season overdrainage of the Lueky Lake Strand. The manually operated gates will be opened during the wet season and closed during the dry season. This structure will improve the District's regional water management capabilities in this area. The USFWS is providing $100,000 in construction funds from a cooperative agreement eltecuted in September 1994. The design was completed in May 1996. Project Manager - Bob Laura 1997 REGIONAl. FLOOD CON'T1IO! smr:4-f I'R01FCTS Pal' 4.\ _.L>_...._~___ ... --.-- 1 6G Facilities & Building Improvements ; .... These projects consist of activities related to the overall support functions essential to the general District operations. Specifically. this program dement provides for improvements to administrative and other operations support facilities. . ~' . ':", ~ '.. .~ I. ", ~ , .. ,.~ft '.', " .) ~.~ .' .", ;,p''';' .,.....;:. . ~" .'~\'. 'l~' '. .f ~~ : ".' ',., .... .. i ,~. '. ~J l" "fA' ~. ::.-.. ' , . ,.;,; ?i~~t ~,~,~. i ~. [J:i"!.;.l ." · · ;., . ! '2 '.... \ ~ ..........' ...': .-~':--:-- '. "~~" ;'" .~:~! .:.:.: <t~_:/ ~A:oflr . 4',~c. ~ '.r !, . . ; ,~ ~~' \:!r -:-i , f i i i ELECTRONIC SUPPORT AND DATA ACQUISITION RELOCATIO'1. 6G 3 PTojccl Taul Prior v.." FV 97 f...ibilily FlJNDlNG fY 97 fY 97 fY 97 ""Ill"' V.." Dairn lAnd CONtNClion Acquiaition 0 0 5500,000 S1.SOO.000 $1,000.000 o o fY 95 fY 96 I'RELJ1tI1NARY SCngDULB t,~;.~/~~~:.;;thl.;:,,:.~'t.:~~:)~j;~ :1 I q. I Q2 I OJ I 00 I I FY 1997 I fY 93 fY99 Construction of a 26.000 .:t sq. ft. facility to house the newly formed Electronic Support Data Acquisition Division (ESDA). The facility will be located at the West Palm Beach Station. The building will be two stories due to the limited amount of footprint area available at the site and will be a pre-engineered metal building with offices and shop facilities. _ The Electronic and Data Management divisions were combined to form the ESDA Division in early 1996. A report entitled "Organization Structure of the Proposed Electronics Support & Data Acquisition Division" produced in June 1996 has indicated a need for locating all the components of the division at one location. Currently the former Data Management Division is located at a leased facility in West Palm Beach and the former Electronics Division is located at the headquarters site. Integration of the two units phy~: ;ally is not possible at either of the existing sites due to insufficient space, The new strategically located. functionally designed office and shop facilities will provide the District with a single point of contact and service for data acquisition. monitoring. remote control requirements and electronics maintenance. Project Manager - Mike Hiscock 1997 FAarmFiS & Bl/TU)ING IMrRnVf~ l'aW' 4 ---"'-""-'.'-- VILES ~ o 2 1 6G w WEST t PALM HI z BEACH '" ~ ~. 0 III '" '" >< 0 '" ~ it ... PROJECT LOCATION C-51 CANAL ---------- ------ --- II 1 r---u-.--.--..-. .-..-- _.__u__._..____........, I : : B-1 BUIUltNC N.T.S. LAKE 8~O C TO B- 50 B-1 HEADQUARTERS BUILDING EMEr~GENCY OPERATIONS CENTER ADDITION (PHASE 1) B-1 HEADQUARTERS BUILDING EMERGENCY OPERATIONS CENTER ADDITION (PHASE I) 1 6G FUNDING Pro jccI T 01.11 Prior Y un fY97 fY97 fY 97 FY 97 FIIIU... V..... Fu.ibililY OairR Land COQlIlNClion Acquisitton S9~2.~24 S500.000 S4~2.524 fY 9~ 1'REUMINARY SCHElWLE I....~.,II~I I O' I 02 I 0] I QO I I FY 1997 I fY 93 fY99 FY 96 The EOC Addition will house SFWMO's critical facilities, such as the control room, and central computer room, as well as provide a base for emergency response to hurricanes and other critical events. This facility would be self-contained and self-supporting in hurricanes that strike at the headquarters complex with category 5 (155 mph or greater sustained) winds. The facility will be approximately a 14,500 square foot addition located at the east end of B.1. Phase I is for construction of the shell, which includes the foundations, columns, floors. exterior walls. cladding. interior load bearing walls. windows. roof, and site work, Phase 2 funds are needed to complete the facility. i.e., the interior works, This includes electrical and mechanical requirements. plumbing. carpentry. interior walls and doors, room finishes. lighting, and other items as needed to make the space usable. In addition to addressing EOC needs, the addition will satisfy other concerns, The east wall of B-1 was built as a temporary wall pending expansion of 8.1 to the original design dimension. Replacing this wall has been desired for years both because it is not as strong as the other exterior walls. and because of leak problems. The estimated cost to provide an acceptable east wall is $210,000. With construction of the EOC addition, the need for this fix is eliminated, The addition will also provide storage space and a loading area for administrative services, Project Manager. Vince Loehrlein 1997 FAOU11ES .. BUIWING IMPROVF.MENTl>- . Pare 5. ",,_,.._,.,".,",,__'''_~ iii illItES ~ o 2 1 6 WEST .... PALM x 0: BEACH 441 z 0: 0 ~ .. 0 Vl 0: ".. " 0 0: ~ i r: _ ___.f-_5.!..~A!'I~L -------- II 1 rr---u-------..-..- I PROJECT LOCATION N.T.S. l.AKE f6~ma~ CENTRAL STORES BLDG. -Q to C 10 B- ~O B-1 BUILDING ROOF IMPROVEMENTS 1 6G B-1 BUILDING ROOF IMPROVEMENTS FUNDING ProjeclToW PriOf Ya" f'Y 97 FY97 FY97 FY97 fuIu~Ya" Fea.ibility Desi," Land CONIIUCIion Acquisition S5O,OOO 0 0 0 0 S5O.000 0 FY 95 I'lt.EUM1NARY SCHEDULE kn},l ~,YtCoall"",J I 0" Q2 I 01 I 001 I FY 1991 I FY 9. FY99 FY96 The B-1 building roof system needs to be repaired to eliminate water penetration and upgraded to meet high wind loadings (uplift t'orces) which would be present under severe stormlhurricane conditions. The roofing system was reviewed by Seamans Corporation. which is the manufactllrer of the existing roofing material i~:;ibertite), Their study indicates that the fastening system for the protective roof material is subject to failure (uplift) during heavy wind loads without additional anchorage. Project Manager - Vince Loehrlein J9?7 FACI1JnES & 8lf1l1>1Nr: IMI'ROVFMF.NTS 1'1,.5) -----,~--- ---._"'.,.-..... ,. -<L1IIl1Ii N -r-" 'r N 1 61 WILES ~ ............... o 2 AREA Dr DETAlL ~... ,.i'f; LEE CO. ct' ~ COWER co. ~ q;-*-# ~q; " ~ CULF OF MEXICO - _Ii - -I r cYI5RESS CANAL I 1 ~ .J '1 J ALlIGA TOR ALL Y .BIG CYPRESS BASIN ADMINISTRATIVE BUILDINQ ,r'''---''"-''''-''. .--......--- BIG CYPRESS BASIN ADMINISTRATIVE BUILDING 1 6G , .. Pn>jed T 01.11 Prior Y cart FY 97 Fca.ibili,y FUNDING FY 97 FY97 FY97 f-""'r< Y cart OesiCn Land CoNtt\laiC'n Mqui.i1ion 0 0 $lS7.:U 0 Sl9'l.712 $~l.SOO o 1~'C2tt_, ...<',;.;1 1'IUiLJMINMlY SCHfinl/LE lik~.,1 lo.I02IQ11Ql I FY 1"7 FY 98 FY"" FY 95 FY96 The existing facility acquired in 1988, for the Big Cypress Basin (BCB) at 6167 Janes Lane. Naples. Florida, has been used for both administrative and field station headquarters activities, The metal building was an old lumber warehouse renovated to accommodate office and field station shop areas. Since 1988. BCB staff increases. due to an increase in the extent of .works of the Ba~in. transferred from Collier County. has resulted in the need for additional office space. The temporary arrangements of recent years, including the provision of a mobile office trailer. are no longer adequate. Another issue is compliance with the Americans with Disabilities Act (ADA), which would be difficult to accomplish for the existing two-story office facility. After the project was evaluated. a lot adjaccnt to the existing Field Station was purchased in Ma) 1995 for $42.500.00. The in-house design for the new 4.350 square foot, pre-engineered meta' building was completed in Fiscal Year (FY) 1996 and was advertised for construction in the same FY. This new facility will house SCB's Administrative staff and will be in AD.A compliance. Construction completion is expected by the end of June 1997. Project Manager - Suzanne Charnock 1997 FACllJnF..~ & 8rIl/1II.'/(; IMPI/OVFMf;NTS P",- j, N t 1 6G IlI1J:S , o zo nsT PAiJII ltACH ATLANTIC OCCAN fJlllLI:tl:l I ICISSIIIIIEE r.5. 2 WEST PAUl BEACH r.s. 3 SoU ADA - DISTRICT WIDE --'''''.''.'''''',.-----''' 16G 1 AMERICANS WITH DISABILITIES (ADA) DISTRICT WIDE FUNDING Project ToUt Prillr VUI'I FY 97 FV 97 FV 97 FV 97 PuIU,.. VUI'I Fe..ibililY Dailn Lind COllllnttl;lln AcquiJidon $)11,716 $124.616 0 0 0 $ I 33,100 $25.000 t~~A~~' ".- . .~>. I'RRLJMIN.4.RY SCHRDU1.R I QI I Q2 I Ql I Q4 FY 1997 FY 98 FY99 ....'',,)0....., FY 95 FY96 This project consists of the final phase modifications to District owned facilities outside the . headquarters complex to bring the facilities into compliance with the Americans with Disabilities . Act (ADA). GneraIly, this project consists of changes to such facilities as parking spaces. signage, curb ramps. ADA accessible doors. rest room facilities, drinking fountains, alarms, stairs, etc. This project involves work at the following locations: West Palm Beach Station (Buildings 127. 128, and 133. rest rooms. ramps and parking striping). S5A (Administrative Building. public parking. and pump house entrance). Project Manager - us Wood 1997 FACllJm:s & RfIITnIN(; IMNIOYrMF.NTS' . Pare S' .,.,,,,,._--,,,~..._-->._-~.,,,,-,.,,~.,,,,--_.- c. , ~ ~ I ~ ~ , \ i f~: ,. t q. ''- r: l' , I, l , t l ~ t ~ k l , I 1 bG Development Of public Use Facilities These projects consist of planning. design and construction of facilities to accommodate recreational activities such as hiking, camping, and canoeing on lands purchased by the District for natural conservation and recreation purposes, ~ ~. 1: l- I: ~ ~ t i ; ! 1 , i r, . f- l. (: t' f I t i 1 <1"" \1 ~' ~. t r I " 1 ~ ~ I 1 , ! ~ 1 ~ ~ I , ~ , t f I fllWEm I KmlllWn: I s. PORT 2 OAIC CREF.II: 3 NICODEWUS SLDUCK . PAL WAIl 6 S roRK ST LUCIE e E BUn'ER STRIP , CORKSCREW' PUBLIC USE FACILITIES N t 1 61 IolIIZS , o 20 "'" , AIJl lUCK ATLANTIC DeCAN ........."..--...,....-......""'----...----- .... t [ t ( , \ ~ ~ , , [ \ , \ , f: !: , ~ , , ~. ~ * ~ ~. ~ f t PUBLIC USE FACILITIES 1 6G 3 FlIND/NG rrojccl T aul Prim Vea" FY q7 FY q7 FY 97 I'V 97 I'ulII~Yea" Fea.ibility Deli," Land Consuvction Acqui.ilion $980,000 $100,000 S30,OOO In.house 0 $600.000 SHO,OOO FY 95 PRELIMINARY SCHEDUl.E h. ....., . r>:""''- .~y.~-"y.:". . QI I Q2 I QJ I Q4 I'V 96 FY /997 II)' 9& FY9'I The Florida Resource Rivers Act specifically states that Lands acquired shall he managed and maintained in an environmentally acceptable maMer and be made available to tbe public for appropriate recreational purposes. District activities directed at achieving tbis level of stewardship are divided into the following categories: Stewardship Planning. Stewardship Functions, and Implementation Strategies. District effons under the stewardship implementation revolve around three major area.~: (a) restoration, (h) maintenance, and (c) puhlic uses. SOR properties and associated improvements planned in this activity for FY 97 include: 1. Corkscrew Regional Ecosystem Watershed (CREW) . Design completion and improvements including an entrance road, parking, landscaping, information kiosk. hoardwalk overlook and marsh observation tower located off County Road 850 in Collier County. 2. Everglades Buffer Strip (EBS), South. Design completion and improvements including an entrance road off of U.S. Highway 27 in Broward County. Improvement~ also include parking. landscaping. information kiosk. fishing dock and an Everglades overlook pathway, 3. Pal-Mar Property. Design of improvements to include an entrance road and vehicle parking area off of State Road 706 (lndiantown Road), and a wooden walkway crossing over wetlands. 4. Upper Lakes Basin Watershed Property (ULBWP) - Design of entrance and improvements to include an entrance road and vehicle parking lot for future proposed environmental education and visitors center located off of South Port Road in Osceola. Previous public use projects completed on SOR lands include Nicodemus Slough (Glades County and the first phase of CREW (Collier County). Projut ManqeT - us Wood /997 nEVf:uJI'MF.HT OF PUBUC IISF. FACtUT1F.5 p.,,,M l I \ I k ~ f i" [ ~ j ~ I 1 I \ , i l ~ ;i 1 6G 3 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item If TO: RECEIVED APR I 6 1997 Sue Alson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, Goneral Accounting Manager Board 01 t l'u~l.. ,,,.'!;II:", S~ "~1er: Clerk of the Circuit Court/Anance Department !i~ / DATE: April 10, 1997 RE: Miscellaneous Correspondence. Bce Agenda Please place the following Items on the next available BCC agenda and call me at extension 8516 ....ith the date and Miscellaneous Correspondence agenda Item number. Cow SIou9h Water Control District Pursuant to Aorlda Statutes See, 189.418, the Cow Slough Water Control District has submitted the fOllowing: 1, Minutes of Monthly Meetings held by the Board of Supervisors of the Cow Slough Water Control District for the following dates: (a) December 19, 1996 (b) January 23, 1997 (c) February 27, 1997 Thank You. n:\specW\..,.cIol Misc. Corres: Date: :;7(0/11 Itemff JI." q. Copies To: __'''''''''''0'''_'___'' ( . ~. i I I , , .. Post onIce Box 1988, Arcadia, Aortda 34285/Phone: (941) 494....021/Fax: (941) 494.5381 1 6G January 24,1997 Mr. Dwight E. Brock Clerk OrThe Circuit Court Collier County Circuit Court Clerk's Finance Department Post Office Box 413016 Naples, Florida 33941-3016 Dear Mr. Brock: Enclosed is a copy of the minutes and attachments presented at the Monthly Meeting held on Thursday, December 19, 1996 for the Cow Slough Water Control District. Included also. is the financial reports ror the month of December 1996. Please file these minutes and attachments pursuant to Chapter 298.15 of the Florida Statutes. Thank you. Si~cO~d 11 CI"",.t Administrator Cow Slough Water Control District ...., . _J Enclosures Certified Mail Number: P340 104 069 J ""CUIlK. COW SLOUGH WATER C01fTROL DISTRI~ IIOI'CTHLY AGERDA DECEMBER 19. 1996 at 3:00 ,.m. THIS MEETIKG 18 OPEN TO THE PUBLIC 1 6G 3 BOARD OF SUPERVISORS Mr. Dalla. TowuaelUt, Pr..Went IIr.PbU8~,Sgp~ Mr. JohJl GlddeDII, Supervisor It rRESIDEIIT. CALL MEETIKG TO ORDI!:R 2) OLD BUSmESS a. Approve the MLuutes or the Monthly MeetlD& beW on November 21, 1996. b. Pacific Landco update. c. Other. 3t ADMIlfISTRATOR'S REPORT a. Approve Financial Reports, De_mber 1996. b, Voided Cbeck to Lewis, LoD&JDlln a. Walker, Relaaue. c. Otber. 4t EIfGll'fEI!:R'S REPORT a. D,O.T., Hl&bWllJ' 29 update, b. Eaa.menta update. c. SFWMD update, conatnac:tlon on racUlties. d. invoice from Short I!:nvUoDlDental, explanatlon. e. Fye Pond connection lAue. r. Kelley'" Bowden Luvolce, RE: rock removal, llpoU lAue, lAteral 2-1!:. S) ATTORl'lEY'S REPORT a. Dlacualoa. 6t !fEW BUSlIfESS a. Dlscuaalon. 7) ADJOURNMEIIT CSAlJENDA ~ I i ! ~ \ COW SLOUGH WATER CONTROL DlSTRlC:I BOARD OF SUPERVISORS MONTHLY MEETING MINUTES FOR THE MEETING HELD ON DECEMBER 19. 1996. AT 3:00 P.M, 1 6 G 3 BOARD OF SUPERVISORS ADMINISTRATOR Mr, Dallas Townsend, President Mr. Phil Sherrod, Supervisor Mr, John Giddens, Supervisor Ms, Dana aement OTHF.;RS PRESENT Mr, Bob Roth, Representative of Barron Collier Company Mr. Tommy Perry, Johnson-Prewitt, District Engineer Mr, Neal Horram, Representative of Berry Corporation Mr. Bud Rawls, Landowner 1) PRESIDENT. CALL MEETING TO ORDER Mr, Townsend c:alled the December 19, 1996, Cow Slough Water Control District Monthly Meeting to order at 3:00 p.m.. These meetings are held in the County Extension Offices located in LaBelle, Florida. 2) OLD BUSINESS a) RATIFY THE MINUTES OF THE MONTHLY MEETING HELD ON !iQVEMBER 21. 1996 - Mr. Sherrod made a motion to accept the minutes of the November 21, 1996 Monthly Meeting. Mr, Giddens seconded the motion, The motion passed unanimously. b) fA.CIFICILANDCO UPDATE - Mr. Townsend stated he has an appointment with Mr. Ed English on Monday, December 23,1996 at 7:00 a.m. at which time he and Mr, English will discuss the easement issue, 3) ADMINISTRATOR'S REPORT a) APPROVE DECEMBER 1996 FINANCIAL REPORTS - Mr. Sherrod made a motion approving the December 1996 financial reports as submitted. Mr. Giddens seconded the motion and and the motion passed unanimously. b) VOIDED CHECK TO LEWIS. LONGMAN & WALKER. REISSUE - Ms. aement ----~",._- -,._-,,,,,,-,,,,"---"-"-'-''''''''' t t I ! , COW SLOUGH WATER CONTROL DISTRICT BOARD OF SUPERVISORS MONTHLY MJtETIKG DJtCEMBER 19,1996 2 1 6G 3 stated check number 580, in the amount of SI,082.16, had been voided duc to over payment, Ms. Gement stated another check has been cut in the amount of S67.75. c) OTHER - Ms. aement stated she will be on vacation beginning December 23, 1996 through January 3,1997. 4) ENGINEERS' REPORT a) D.O.Tn HIGHWAY 29 UPDATE - Mr. Perry stated he will present plans to the Board at the next montbly meeting, borrowing no delays due to tbe bolidays. b) EASEMENT UPDATE - Mr. Pcrry stated be is going to forward tbe descriptions of the easements to Mr. Lewis' offices so the proper easements may be written up. Mr. Townsend stated the easement which runs down Mr. Gidden's East line, whicb is going to be shared with Ms. Lewis and himself needs to be changed. Mr. Townsend stated the way the easement reads now, he would have to take the dike down and be really did not want to do tbat. c) SFWMD UPDATE. CONSTRUCfION ON FACILmES - Mr. Perry stated Mr. Townsend has executed the application paper work today, so be will be forwarding tbe documents to Soutb Florida Water Management District, Mr. Perry stated he is submitting a document wbich indicates tbe District's proposed facilities and bas also indicated tbe typical section and answered all of the questions requested by SFWMD. Mr. Perry stated be decided to ignore wetlands issues and indicated tbey could be handled by the adjoining landowners. Mr. Townsend stated just about every land in tbe district has a permit. Mr. Perry stated tbere could be a problem if some of tbe permits bave expired. Mr. Perry stated if tbe district did some work wbile tbe permit was under construction, this could be carried forward. Mr. PelT)' stated by ignoring tbe wetlands, be is also ignoring tbe Fye Pond issue, Mr, Perry stated he believes the district would be better to ignore it and get a permit wbich sbows tbe canal going through Fye Pond, and then handle tbe issue of what to do with the wetlands, arter tbe fact. Mr. Perry stated he believes the district is on tbe right track, it is just seeing how SFWMD rcsponds. Mr. Roth stated it depends on what the elevations sbow, and it may be that tbe district does not have to do much ncw digging as we approach Fye Pond. Mr. Perry stated he is ready to go to SFWMD and tbe ball will tben be in tbeir court, Mr, Perry stated be will forward all copies of descriptions of the easements to Ms. Clement, and as far as tbe application being forward to SFWMD, tbe district only needs a _____ liP ...~...... -...-.... COW SLOUGH WATER CONTROL DISTRICT BOAJU) 0.. SUPERVISORS M01M'HLY MEETING DECEMBER 19, 1996 3 1 6G 3 copy of the permit. Mr. Perry stated he tries to make sure he forwards Ms. Oement a copy of an pertinent information. Mr. Townsend sated digging weather will be ending early in May 1997, and asked Mr, Perry when the district will be able to begin working? Mr. Perry stated he will be able to answer that question better next mO'ith, as it depends on how SFWMD responds, Mr. Perry stated in the meeting he had with th- m earlier, they seemed favorable to everything the district is trying to do. d) INVOICE FROM SHORT ENYmONMENTAL- Mr. Perry stated he has revie'fl'ed an of the invoices from Short Environmental Ll\boratories for the year, and explained his findings to the Board. Mr. Perry stated Short's invoices are all in order. e) KELLEY & BOWDEN INVOICE. RE: ROCK REMOVAL. SPOIL ISSUE, J..A TERAL 2-E - Mr. Perry stated he went and spoke with Mr. Bowden, and the final outcome was an amended invoice to the district in the amount of 52,151.50, which is below the 52,500.00 previously approved by the Board as an acceptable payment to Kelley & Bowden. Mr. Townsend asked Mr. Giddens if he was satisfied with the work on Lateral 2-E? Mr. Giddens stated he was satisfied with the results. f) WATER OUALITY REPORTS - Mr. Perry stated reviewing the graph, the district is currently at the same readings they were at this time last year. Mr. Townsend stated he has been contacted by the LPDD, and under the District's agreement, CSWCD is obligated to forward copies of its water quality reports to LPDD. Mr, Townsend stated LPDD has requested the reports commence being forwarded to them. Mr. Townsend instructed Ms. Clement to forward the analysis only, to Mr. Andy Higginbotham, Mr. Townsend stated at some point in the future from a research standpoint, the district might receive a unique opportunity to do some phosphorus water quality research in cooperation with [FAS and stated he feels it would benefit CSWCD by participating. Mr. Townsend stated he is attending a meeting in the morning on the Caloosahatchee River and the phosphorus issue. Mr, Townsend stated this issue is not going away, it is just moving around. Much discussion ensued on this issue. g) Mr. Perry announced he would be purchasing Johnson-Prewitt & Associates. Mr, Perry stated Mr. Tullos will continue working with the firm for the next three yean. h) Mr, Townsend stated in an errort to try and avoid the District having to maintain the right-of-way $Wale on Morris Taylor Road, he and Mr. Tommy Slider (County Engineer) met this morning. Mr. Townsend stated Mr, Slider is going to see if the County actually has COW SLOUGH WATER CONTROL DISTRICT BOARD OF SUPERVISORS MONTHLY MEIt1'ING DECEMBER 19, 1996 4 1 6G 3 Rn Cltsement ItS you go around the culvert, Mr. Townsend stnted that Mr. Slider believes the County docs not have an ellSement, and that their jurisdiction ends at Mr. Taylor's packing house. Mr. Townsend stated Mr. Slider did not see a problem if the District had to replace a culvert in the County right-of-way to expedite the project. Mr. Townsend stated the district may have to pay for the culvert, but the Engineer did not have a problem with the County maintaining the drainage up to the point where it came into the District's facilities. Mr, Townsend stated that will keep the district from having to worry about servicing the drainage from Cltch one of the houses along that road. Mr. Townsend stated that Mr. Slider requested that the District write him aletler. Mr, Townsend stated if the County does hold the easement, they would be willing to maintain it up to where it would cross under the road. If the County does not have the easement. the district would have to maintain it. Mr. Rawls asked if there would be a problem if the County was maintaining the ditch from Highway 29 to Mr. Taylor's, and yet CSWCD was still charging the landowners in the district for drainage? Mr. Rawls stated it wornes him to think the County would be responsible for cleaning that ditch as they maybe get out there every other election year. Mr. Townsend stated the arrangement needs to be a formalized agreement, and it can be stipulated in the agreement that the maintenance must be routine. Mr. Townsend stated in return for the County maintaining the ditch, CSWCD would receive the waters and get it to the river at no cost to the County. Mr. Townsend stated where the two culverts cross Morris Taylor Road. there is It big hole and the water WllS moving to the North and this must be diked oIT. Mr, Roth stated he is concerned about all of the smaller feeder ditches and asked if the District is going to have to maintain them forever'? Mr. Townsend stated this should be constructed as it has been planned, and that slams the gate on new additional ditches. Mr. Townsend stated as it is planned, he believes every landowner has access to the works of the district. Mr. Townsend stated if someone decides to divide their property, it is the responsibility of the buyer to arrange ditching to the works of the district, it is not the District's responsibility to do so. Mr. Townsend stated that is why it is important to get this project completed before any more land changes places, Mr, Townsend stated he believes everyone has been addressed so they have access to the works of the district, Mr. Raw" asked Mr. PelT)' ifhe will make a change to his paper work in regards to the lateral being on the wrong side of the roadway'? Mr. PelT)' stated he is going to make the IRteral go down the road where it can be on either side. Mr. Townsend asked Mr, Perry if Lte County Electric agreed with the District's plans? Mr. Perry stated yes they did. Mr. Perry stated there is one gentleman where something will have to be done, -,""---- COW SLOUGH WATER CONTROL DISTRICT BOARD 0)1' SUPERVISORS MONTHLY MEETII'IG DECEMBER 19, 1996 5 1 6G 3 6) CALL FOR NEW OR OTHER DUSINESS a) Mr, Townsend stated he does not know where the Church Road issue is going, but currently there is not enough garbage going to the incinerator in Fort Myers, and the landfin purchased in Hendry County is probably going to just sit there for. few years. Mr. Townsend stated that being the case, there is probllbly not going to be Ilny incentive for the County to build the East leg of the Church ROlld. Mr. Townsend stated the District's mllin concern is where the bridge crosses Church ROlld as it is a real bottle neck for wllter, Mr. Townsend stated the District did a survey earlier and virtually all of the landowners agreed to donate the right-of-way for the roadwllY if the County would begin construction within two years. Mr, .Joe Spratt was trying to push this project Illong, but seeing he was voted to State Legislature that project has been transferred to the County Administrator who would like to follow up on the project. Mr. Townsend stated where it effects the District is that, if the district gets all of the infrastructure constructed this year, Church Road would be the final project hampering the District as the culvert could be blown out at any time. Mr. Townsend stated if the County does not move on this project, the District is going to have to try and solve the issue in a cheap way to avoid a big wash out there. Mr, Roth stated if the County delays this project for several years and then come in and relocate the road, is it not then the County's obligation to put whatever culvert in? Mr, Townsend stated yes. Mr. Roth stated then it seems most logical for the District to get its situation to where it will carry the water which needs to be carried. Mr. Townsend stilted this is just exactly where he is coming Trom also. Mr. Townsend stated he is going to meet with I\lr. Baird (County Administrator) and he is willing to meet with the Lee County representative to tell them if they move on this situation right away. CSWCD might entertain pUlling in some Tunds towards the bridge, but if they do not, CSWCD is going to fix its crossing And then the County can fix the culvert situation themselves. Mr. Sherrod made a motion for Mr. Williams to be hired by CSWCD to go and completely remove all of the risers, etc. on the Church Road riser culvert structures, and to also phone Mr. Perry to arrange Tor noat arrangement on our water sampling device. Mr. Giddens seconded the motion and the motion passed unanimously, b) Mr. Rawls stated on the original plan, the ditch which is now existing coming into the North on his property, the lateral was scheduled to go on his North line. Mr. Rawls asked if there is now a new plan? Mr. Townsend stated that will disappear. Mr. Rawls asked what he needs to do to get the use of the 30 feet between the ditch which carries the water and the ditch he has? Mr. Rawls stated before they were going to dig a ditch there and connect it? Mr. Townsend asked if Mr. Rawls was referring to the northwest corll'!r? Mr. Rawls stated yes. Mr. Townsend stated the District's easement will come up to your property line. so basically all you need to do is cut the ditch and install a culvert in there. Mr. Rawls asked what size culvert should he utilize? Mr. Perry advised Mr. Rawls of the specifications. ~ ....... .....-..~---,-~~---~ .\' COW BLOUGH WATER CONTROL DISTRICT BOARD OF SUPERVISORS MONTHLY MEETIKG DECEMBER 19, 1996 6 1 6G 3 7) ADJOURNMENl: At 4:04 p.m., Mr, Giddens made a motion to adjourn the meeting, Mr. Sherrod seconded the motion, and the motion passed unanimously, ;:;:::eQ Dana Clement Administrator Cow Slough Water Control District caMI. ,""_..._--,",,,",,--,...,_..__._~,_..,., . COW SLOUGH WATER CONTROL DISTRICT MONTHLY FINANCIAL REPORT FROM NOVEMBER 22, 1996 THROUGH DECEMBER 19, 1996 1 6 G ~ '" OPENING BALANCES DECEMBER 1, 1996 CHECKING ACCOUNT BALANCE CERTIFICATE OF DEPOSIT 69.297,95 14.974,13 TOTAL 84,272.08 INCOME: 11/31196 INTEREST ON ACCOUNT (CHECKING) HENDRY COUNTY-TAX REVENUES COLLIER COUNTY-TAX REVENUES VOID CHECK 580, LEWlS, LONGMAN & WALKER 182.81 34,495.40 11,709.66 1,082,16 RECEIVABLES, ENDING DECEMBER 19,1996 47,470.03 TOTAL REVENUES 131.742,11 EXPENDITURES: FLORIDA MUNICIPAL INSURANCE KELLEY & BOWDEN, LATERAL ONE E. ROCK REMOVAL JOHNSON-PREWITT & ASSOC, INC. ENGINEERING SPRINT (LOCAL PHONE SERVICE) LEWIS, LONGMAN & WALKER, P.A., LEGAL SERVICES DANA CLEMENT, ADMINISTRATOR LDDS (LONG DISTANCE PHONE SERVICE) SHORT ENVIRONMENTAL. WATER QUALITY SAMPLING FASD, 1997 MEMBERSHIP DUES TOTAL EXPENDITURES, ENDING DECEMBER 19,1996 659.00 2,151.50 3,471.50 22.58 67.65 703.00 1.48 280.00 500.00 7.856.71 ENDING CASH BALANCE AS OF DECEMBER 19, 1996 123.885.40 1 6G 3 10lTlU Iff COI SLOf'" III ICCOURT TITlE mill OCTom IOYIII!I mum JUlin IumT mum mum mum mmu ............................................ ......... ...... ...... ......... .......... ...... ......... ........... ......... ................. ....- ....................... CH!em, moulT lAluC! lI,m.Sl 16,m.1t u,m.n IOI,llI.21 CUTlIICIT! OF OEPOSIT \4,SO\.lI \4,50\.11 14,111,\1 \4.111,11 IEtilum ~OITHLl IIlUCES 91,111.81 t1.0l9.10 ",m.OI I21,Ul,40 FllOS tECUm TAL COllECTOI . 1!J0lT CO. 0.00 m.ll u,m.ol TAl COllECTOI . 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CI 10,\1 l.m.11 CUAI tmmAICE \I ,100.00 0.00 I,SIUO 0.00 mlTOl 1,000.00 0.00 0.00 0.00 mmSTIATOI 10,000.00 IS1.IS 111.10 101.00 mmm l,SOO.OO 0.00 0.00 m.oo OFFICE ElPElm lOo.oO IU4 ll.1t ll.Ol LEtilL IOVUTlSE!ElTS 100.00 0,00 0,00 0.00 ,0smE 100.00 0.00 1l1.00 0.00 DVES Ill. 00 0.00 0,00 500.00 tATER QUALlTT mLlm l,SOO.OO 0.00 no.DO llO.OO U11T!!UCE CO~r!ltiEICT 5,000.00 0.00 0.00 0.00 TOUl WElD1TUm lll,m.OO S,m.52 ',UO,OI 10,m.ll 0.00 ....i;oiiG.CASK.STATUS......... .........n....;i:oii:7o...i;:iji:oi..iii:iii:iOlzi:iiuo THIS mOlT r.OITAIIS PIOJECm ImllS FOI mcuSSlo~ "IPO$U OILY UUT nmtUl mOlT I tOlTlOl ItsTlltT nil/un umn mtN mIL NAY lUll JIll ~mST SEPTUm (emu mElm mElm IECElm mum mElm mElm lECElm UTI mAlt ( ........... ..--.-................ ..... ................ -....-.... -..-...... .... ... ........ .......... ....... ...... ......... ................ ........................ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 l1,OU.II 12,m,t] 1,0\1.11 1,IZl,U 0.00 0.00 0.00 0,00 0,00 0.00 0,00 0,00 II,m,!! ......................... .......... ........ ........... .............................. -...---... ....... ........... ........... ....................- ...... ......... Nllel mIL NAY JUt JIlT mIST SEPTUm TIll TO tOllKITm emITTEI eOKKlTTEO eOKKlTTEI eOKKlTTEI eDKKlTTEO CDRUTTEI UTI 1l11lel '.1\0.00 m.m.lo 10,10\.U I.m,\O I,OH ,Zl 10,010.10 1,000.00 1.111.1\ I,IU.OO IIUI 100.00 U 1.00 11\.00 1,140.00 I,OIJO,OO D,OIJ 0.00 0.00 0.00 O.OIJ 0.00 0.00 0.00 UI.lT5.11 .........n...z.........ass....ss..1:.a......lI......s........S ......:1.11........:1..&...................:1............ O.OIJ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Il14,m.HI -----......... COW SLOUGH WATER CONTROL DISTRICT 1 6G 3 WATER QUALITY RESULTS TOWNSEND CANAL AT DUDA STRUCTURE Total Sample Pertod Kjeldahl Nitrate Total Total Start Date End Date Nitrogen Nitrogen Nitrogen phosphorus (N) (N03-N) (N) (P) mg/L mglL mg/L mglL detection limit 0.5 0.02 0.5 0.01 08/16/95 08/30/95 1.80 0.33 2.03 0.378 08/30/95 09/13/95 1.96 BLD 1.96 0.545 09/13/95 09/27/95 1.61 BLD 1.61 0.490 09/27/95 10/11195 1.91 0.21 2.12 0.520 10/11/95 10/25/95 1.90 0.04 1.94 0.470 10/25/95 11/06/95 1.57 0.06 1.65 0.320 11/08195 11/22/95 1.70 0.30 2.00 0.170 12/06/95 1.12 BLD 1.12 0.070 12/20/95 1.41 8LD 1.41 0.080 02/01/96 1.41 BLD 1.41 0.090 03/01196 1.79 0.02 1.61 0.230 04111196 1.59 0.07 1.66 0.120 05/09196 1.54 0.06 1.60 0.130 OS/22/96 06/05/96 5.30 BLD 5.30 1.120 06/05196 06/22196 2.24 1.79 4.03 0.560 06/22/96 07/01196 1.70 0.04 1.74 0.440 07/01196 07/16196 1.79 0.04 1.83 0.590 07/16196 07/31196 2.14 0.45 2.59 0.590 07/31196 08/14196 1.62 0.48 2.10 0.170 08/14196 08128196 1.48 0.37 1.85 0.170 08/28196 09/11196 1.64 0.49 2.13 0.180 09/11/96 09/25/96 1.56 0.29 1.85 0.100 COW SLOUGH WATER CONTROL DISTRICT TOWNSEND CANAL WATER QUALTIY AT DUDA 1.2 1.5 / -. ..- " ", ".. " / ... ....~...... ;! 0.11 l ~ !3 0.0 ~ '" o ~ 0.4 ~ e 5.5 5 4.5 ;;;( 4 ~ g 3.5 Z l1J 8 3 ~ Z 2.5 ~ l- e 2 0.2 . I '. , .....---' ~ 0 0ll130!V5 09{27!V5 10{25/llll "{22/llll 12/20!V5 03101190 05/Oll19O 0ll{2219O 07/111190 00/14190 09/11190 09/13!V5 10111/llll l1/Oll/llll 12/Oll/llll 02101/llll 04/11/llll 0llf0/5/llll 07101190 07131/llll 0ll{211/llll 09{25/llll DATE SAMPl.E COlLECTED COW SLOlJfiH WATER CONTROL DlSTRICT PosI omce Box 1986, Araldla, Aorta 34265/~ (941) 494-4021/Fu: (UI) 414-6361 1 6G 3 February 28, 1997 Mr. Dwight E. Brock Clerk Of The Circuit Court Collier County Circuit Court Clerk's Finance Department Post Office Box 413016 Naples, Florida 33941-3016 Dear Mr. Brock: Enclosed is a copy of the minutes and attaChments presented at the Monthly Meeting held on Thursday, January 23. 1997 for the Cow Slough Water Control District. Included also. is the financial reports for the month of January 1997, Please file these minutes and attachments pursuant to Chapter 298.15 of the Florida Statutes. Thank you. ~ Dana Clement Administrator Cow Slough Water Control District 'I) -.J J -.., . . .1 ;;>::l . I ) .. ;'j . - :r- ~ . , ::::: - . ,"1 ::? -j U1 .' N Enclosures Certified Mail Number: P 340 104 073 (1PlUU:. cow SLOUGH WATER CONTROL DlSTRICf ~GENDA FOR MONTHLY MEETING TO BE HELD ON JANUARY 23.1997 at 3:00 p.m. THIS MEETING IS OPEN TO THE PUBLIC 1 6G 3 )WARD OF SUPERVISO.RS. Mr. Dallas Townsend, President Mr. Phil Sherrod, Supervisor Mr. John Giddens, Supervisor I) rRESIDENT. CALL MEETING TO ORDER 2) OLD BUSINESS a. Approve the Minutes of the Monthly Meeting held on December 19, 1996. b. Pacific Landco update. c. Church Road Issue. d. Mr. Williams, Removal of risers, Church Road. e. Other. 3) ADMINISTRATOR'S REPORT a. Approve Financial Reports, January 1997. b. Other. 4) f.NGINEER'S REPORT a. D.O.T., Highway 29 update. b. Easements update. c. SFWMD update, construction on facilities. 5) ~:rrORNEY'S REPORT a. Discussion. 6) NEW BUSINESS a. Discussion. 7) hDJOURNMEtiI COW SLOUGH WATER CONTROL DISTRlcr BOARD OF SUPERVISORS MONTHLY MEETING MINUTES FOR mE MEETING HELD ON ,JANUARY 23. 1997 AT 3:00 P.M. 1 6G 3 JlOARD OF SUPERVISORS ADMINISTRATOR Mr. Dallas Townsend, President Mr. Phil Sherrod, Supervisor Mr, John Giddens, Supervisor Ms. Dana aement pmERS PRESENT Mr, Tommy Perry, Johnson-Prewitt, District Engineer Mr. Jim Coughley, Representative of BellY Corporation I) J.>RESIDENT. CA 1.1. MEETING TO ORDER Mr. Townsend called the January 23, 1997, Cow Slough Water Control District Monthly Meeting to order at 3:00 p,m.. These meetings are held in the County Extension Offices located in LaBelle, Florida. 2) pLD BUSINESS a) JUTIFY mE MINUTES OF mE MONTHLY MEETING HELD ON DECEMBER 19. 1996 - Mr. Sherrod made a motion to accept the minutes oUhe December 19,1996 Monthly Meeting, noting to Ms. aement that he did not call the December 19, 1996 to order, Ms. aement stated she would amend the minutes to renect that Mr, Townsend called the meeting to order. Mr. Giddens seconded the motion, The motion passed unanimously. b) J.>ACIFI(,JI..A~O UPDATE - Mr. To,,'nsend stated he did meet with Mr, English and he promised to meet with his attorney and make sure the euement is executed and forwarded to the CSWCD's attorney. Mr. Townsend stated the original C2sement might have to be revised, u it is possible that Mr, English will no longer be an owner in Pacific Landco, thereby, not allowed to execute the document. c) CHURCH ROAIUSSIlE - Mr. Townsend .tated Lee County is in no hurry to build Church Road. Mr. Sherrod stated then the district might necd to in.,tall another culvert on tbe other side. Mr. Townsend stated the district is going to need to meet with the County officiAls., along with the efTtctcd bndownen. Mr. Townsend stated Hendry County could build " road and be reimbuned by Lee County. Mr. Townsend explained thlt the current rOld which Church Road is on, is not where it i. going to be, and there is a bridge across the Townsend Canal which hu got to be rebuilt. Mr. Townsend stated the district did not want to spend a lot of money rebuilding a bridge in the wrong place. Mr, Townund stated the di.,trict was hoping 1..<< County would build the road and the bridge. Mr. Townsend stated the district needs to do something in the interim basis. or pressure the county to get something done on the road. Mr. Townsend stated the landownen along the road would like to get I r __'"'..'''.-_ ""N""'~>_""___"''' COW SLOUGH WATER CONTROL DISTRICT 2 BOARD 0.. SUPERVISORS MONTHLY MltJt1'IKG JA.KUARY 23,1997 1 6G 3 road put in there, as the current situation is unsatisfactory. Mr. Sherrod stated two miles is basically what is needed. Mr. Townsend .tated he would try to get with the County Admlnl.trator and speak to A couple of the County Commissionen to visit the site and tAlk about what possibly could be done to get the road built. Mr. Townsend stated he felt he would try this one last efTort to get the project done, and if the district cannot, then it needs to make a plan to solve the problem on an interim basis. Mr. Sherrod stated the one 48" culvert the district installed helps tremendously, and if another culvert was installed on the other side, it would also be very beneficial. Mr. Perry stJlted another culvert would do a lot of good. Mr, Giddens stated the culvert which are there now are rusting out, and if the district does anything to disturb what is there it will cave in. Mr. Townsend asked Mr. Perry that if the district removed all the culvert except for the one 48" culvert. and installed two more 48" culvert, would the hydraulics be adequate? Mr. Perry stated it would be better than what the district has now. Mr. Perry stated the problem now is that the culvert were instJlUed two high. Mr. Perry stated the situation would be much improved if three 48" culvert were installed at a lower elevation. Mr. Townsend directed Mr. Perry to investigate the cost of two more 48" culvert, thereby, giving the district 3-48" culvert to be installed at a lower elention. Mr. Townsend stated as a supervisor, if they would proceed on building the road, especially the lint two miles, he would be willing to suggest the district make a contribution towards the building ofthe bridge. All present concurred. d) REMOVAL OF RISERS/CHURCH ROAD. BY MR WILLIAMS - Mr. Townsend stated he will wait to contact Mr. Williams until he sees what direction the County might follow in regards to building at lea'lt two miles of Church road, even if it was built just to marl standards, 3) ADMINISTRATOR'S REPORT a) APPROVE JANUARY 1997 FINANCIAL REPORTS - Mr. Sherrod made a motion approving the January 1m financial reports u submitted, Mr. Giddens seconded the motion and the motion passed uDltnimou!ly. b) The Board directed Ms. aement to send Mr. Higgenboctom an water analysis reports received to date from Short Environmental. Theil, on a quarterly basis, present this issue as an agenda item to be approved by the Boftrd. Once approved by the Board. 1\Is. aement is to pl'oceed sending the reports to Mr. Higgenbottom. c) Ms. Oement stated she attended an extremely interesting FASD meetiag in J..UI')' 1997 and forwarded the Board a copy ora report Mr. Lewis presented on currmt bsaes fada& 298 districts. Ms, aement stated it is exceedingly important that the district keep abrnst .r -~-"-~"-"--<"---- COW SLOUGH WATER CONTROL DISTRICT BOARD OF SUPERVISORS MONTHLY MEETING JAKUAR'Y 23, 1997 J 1 6G 3 all issut's which could possibly threalt'n the conlinued exislence or298 dislricu, Ms. Clement staled in March 1997, Legislation hearings begin and a large group of FASD members attend a Iwo day mt'eting in which members can speak to Senators, Representatives. etc. concerning specific issues involving districts which will be addressed Ihis yt'ar. Ms. Clement stated she will more than likely be attending this meeting as it could quite possibly be very lldvantagcou J 10 Ihe di!tricu, M,. Clement askt'd Ihe Board If they would he willing to share the cost of her expenses incurred in attending this meeting with two of the other districts she manages? Mr. Sherrod responded yes, Mr. Townsend stated the district must stay infonned of what is going on at these hearings, Mr. Townsend stated it would not be unwise for one or more of the supervisors to attend some of these meetings, so we have more of a first hand experience. Mr. Sherrod stated his concern is that the districts are receiving such bad press due to the Fire Districts. Ms. Oement stated she has been infonned by her other Board Supervisors, that she is not to involve Ihe olher districts wilh Fire District's issues. Ms. Oement stated it is like mixing apples and onnga Mr. Sherrod concurred. Mr. Townsend stated Ihe Chapter 298 districts are agricultural. water control districts. Mr, Sherrod stated they do not see that difference. Mr. Townsend stated that is why we need to go on the offensive and see that this point geU across. and educate people. Mr. Sherrod made a motion to reimburse the District's Administntor for her tnvels incurred in attending meetings concerning the water control districts. Mr. Giddens seconded the mol ion and lhe motion passed unanimously. a) D.O.T _ HlGIlW A Y 29 UPJ2Al}: - Mr. Perry stated they are working on Highway 29. bUllhe work is not ready to be presented to the Board at this time. Mr. Perry stated he will remedy that situalion shortly. Mr. Townsend asked where the D,O,T, stand in regards to CSWCD's plans for Highway 29? Mr. Perry slated the D.O.T. are ageeable to the District's plans, and are supporting them, Mr, Perry stated they just want to see tbe information the district is generating. b) WfMENT UPDATE - Mr. Perry stated he still neem to discass some issaes with Mr. Townsend and Mr. Giddens r~arding the tllstmrnts. Mr. Perry Stlted ODce tbis bas occured. the descriptions will then be forwanled 10 Ibt' DistricI's Attomry. Mr. Prrry 'tiled he hu spoken to Mr. Rawls and Lee County D<<tric Coop and tbry are satisfied. c) SflU,tD UPDATE. CONSTRLCTI0~ O~ FACILITIES - :\Ir. Pt'rry stated he did speak with SFWMD today inquiring 10 the District's ,Ialus. Mr. Pury stated SFWMD wants a sil~ visit which has be~n arrangrd for th~ finl part of nnl month. Mr. P~rry stated he feels a site visit will work out v~ry w~" a, hI' will be there to answer any questions SFWMD pt'rsonntl might have. Mr. Perry stat~d hI' win be meetinj; with Mr. Cnig Mt'dlock. Mr. Pt'rry stat~d he did ask Mr. Mrdlock to bring his environmental personnel with him so the --.- 4 cow SLOUGH WAT1!:R COtrrROL DlSTRlCT BOARD or SUl'ERVlSORS MOKTHLT MEETIJIIG JAJfUART 23.1997 1 6G 3 issu~ of Fy~ Pond can be discussed. ;\Ir, Giddens stated if you g~t 100 low at Fye Pond and Ihere is not an outl~t high ~nough. the "alU is going to come down into the trailer park. Mr. Perry stated the way we arc going to approach it with snv:\1D is we arc going to look at the canal which comes out of Fy~ Pond cUrTC1Idy. and thm trll them instrad of the water going that way. we arc going to take th~ water this way, at that same elevation. Mr. Perry stated everyone should be acc~plabl~ to that plan. Mr. P~rry stated if SFWMD follows along with what he tells th~m. it wiD help enryone's situation in that area. The Board and Mr. Perry c:lplained the District's plans to Mr. Coughley. Discussion ensued. :\Ir. Coughlry asked what the District's time frame was on beginning work? Mr. Perry stated as soon lIS the district can receive its permit. the district is ready to go. Mr. Perry stated the only r~ason th~ district is not talking about digging today. is due to the fact that when the district amended its Plan of R~c1amation. SFWMD looked at the plans and asked the district to come in and review its current permit. Mr. Sherrod asked Mr. Perry his projected date on beginning work? Mr. Townsend suggested the district secure bids on the work. contingent upon the District receiving its permits, Mr. Perry stated he would like to do this under an rarly work rtlease permit. which the district is at lrast 60 days away from receiving. Mr. Townsend stated the proceedings should commence on securing a contractor. with a full understanding that once this bid is accepted. the starting date is contingent upon the district securing a permit. Mr, Townsend stated this way. once a permit is issued to the district. work can commence immediattly, Mr, Townsend stated the specifications for the project should be clear, and very specific. Mr. Perry stated he would see to it. Mr. Sherrod made a motion giving Mr. Perry authorization to begin the procedures on securing bids for construction to commence lIS soon as the district receives 1\ permit from SFWMD. Mr. Giddens seconded the motion. and the motion passed unl\nimously. 6) CALL FORNEW OR OTHER BUSIriESS a) None. 7) ADJOURNMENT Al 4:04 p.m.. Mr, Giddens made a motion to adjourn the meeting. Mr, Sherrod second~d the mOlion, IInd the motion passed unanimously, ~ Administrator Cow Slough Water Control District ClIMIX COW SLOUGH WATER CONTROL DISTRICT MONTHLY FINANCIAL REPORT FROM DECEMBER 20, 1996 THROUGH JANUARY 23, 1997 1 6G '3 9PENINGBA~NCES JANUARY~,1997 CHECKING ACCOUNT BALANCE CERTIFICATE OF DEPOSIT TOTAL 108,911.27 14,974.13 123.885.40 INCOME~ 12131/96 INTEREST ON ACCOUNT (CHECKING) HENDRY COUNTY.TAX REVENUES COLLIER COUNTY-TAX REVENUES 207.59 52,556.52 431.09 RECEIVABLES. ENDING JANUARY 23, 1997 TOTAL REVENUES 53.195,20 177.080.60 EXPENDITURES: JOHNSON-PREWITT & ASSOC. INC. ENGINEERING SPRINT (LOCAL PHONE SERVICE) DANA CLEMENT, ADMINISTRATOR LDDS (LONG DISTANCE PHONE SERVICE) RELIABLE FLORDA DEPARTMENT OF COMMUNITY AFFAIRS TOTAL EXPENDITURES, ENDING JANUARY 23,1997 4,997.50 30.00 654.78 1.63 30.77 175.00 5.889.68 ENDING CASH BALANCE AS OF JANUARY 19,1997 171.190.92 IOIm1 ",nlll COI SI.OUGI UfD Cl mom TITLI AnalJo OCTOUl JonllU DEcmn IMom rDll BUDGET lEeEIV&O lECIlYEll lEe1lY1D UClIYID . UClI .................................................................... ........... ............. ........ ............... ....... ..... ....... ........' CllEcmc lCCOUlT BIJoUCI 11,'''.11 16,5\1.3' n,HUI 101,m,2T 11',2 CllTlrtCATl or DUOSI! 14,101.1\ 11,101.1\ 11,111.13 lI,m.1l 14,1 B~GllmG IOITIILY JlJ.UCIS ", 1ll.1l II,OIl.10 14,212.0l l23,m.40 111,1 lUJDS l!CIlYIO TAl CO~~ICTOI . HUDU CO. 0.00 m,&I 35,m.OJ II,m.IO m COLLEeTOI . COLLUI CO. m.ll 12.31 \I,HI,6I Ul,U BAJllITlnsT 101.31 m.ll \12.&1 201.5' usmu.JlOIls ncon 0.00 , ,010.00 l,on.1I 0.00 CASH BIJoUCIS l UCIIVULlS TOTllID ",l1\,'l 1I,IU,\I 1H,1S1.1l 110,111. \I 111,1 .............. .................. ........................................................ .............. ..... ...... ..... ...... .... .....- .... .... .... ......... OCTOUI JOVPUI DIcmu IMOU! rDI mElD I TIllIS ACTlIIJo lCTVAL lCTll)J, ICT1IIJo ccu: cArlm CDlTllCEm l,lSO.OO 0.00 0.00 0.00 0.00 TOV'lSElD CUIJo n01!C! 121,000.00 1i.10 0.00 2,1\1. 10 0.00 lrTOlIU'S ms 11,000.00 1,111.11 1,012.11 ll, II 0.00 PClItll1JC ms \1,000.00 1,032.10 3,m.10 3,171.10 l,ll1.IO TAl !US/IUL! DISC II 11.011.00 m.1I 10.11 2,101,11 3,201.11 CUAL ImTUMCl 13,100.00 0.00 3, Ill, 10 0.00 0.00 AUDlTOI 1,000.00 0.00 0.00 0.00 0.00 lDllllSTlATOI 10,000.00 m.11 111.10 103.00 5\1," nSUIMCI 1,100.00 0.00 0,00 m,oo 0.00 DrrIC1SmmS 100.00 1t.11 22.31 21.06 n.lo LIGlL AOVIlmnnn 100.00 0,00 0.00 0,00 0.00 POsrAGE 100,00 0.00 111,00 0.00 0.00 DUES m.oo 0,00 0.00 100.00 m.oo IAnt QIllJom uUtSlS 2,100.00 0.00 210,00 210.00 0,00 lAlITDIJCE COmJCDCl 1,000.00 0.00 0.00 0.00 0.00 TOTll mWtTVUS 211,213.00 l,m.12 , ,110.03 10,261,32 ',m.n ..c........a........ lI............,.....S............ ...........ss....................2................n..........n.asrt pone cm STATUS l1,Oll.10 11,212.01 123,115.10 m,llo.n \' TIllS upon comm PlOJECTIO millS rOI DISCOmOJ rnrosu om "..........-...."."''''"'."''''----=------- 1 bG 3 T !IUJC!IJ, mOlt tOL DUTllCT 11ll/lm T UICll AIm UT JQU JOLT AUGaST nrrum om ED ucmED UCElV1\l UCKIVED nmvlo UCltVED UCltVED mltvED Iwm .. ............... ............- ............... ...... ........... ... ....... .................. .............. ...... ........ .......... ................. .n .Il .11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 It,m.lI 12,llO.12 1,211.0\ 3,m.1I 0.00 0.00 0.00 O.O~ 0.00 0.00 0.00 101,m.ll .. ......... ................................................................................................... ......................... ................ .......- ........ UlCll um UT JQU JOLT AUGUST 5UTDUt TW TO COUITTED CODlTTED COOlmo commo comma collllma COIlIlTTlll om Iwm l,m.OO m,m.l0 10,\0\,11 1,121.00 1,121.51 10,010.\0 3,000.00 1,001.\1 1,111.00 11!,Il 100.00 11I.00 0.00 1,110,00 \,000.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 11',011.11 ..,...............'11.11...........:11.................'1:.........2....'1..11...................................... O.G-J 0.00 0.00 0.00 0.00 0.00 0.00 (U,m,101 COW ~LOlJf1H W ATF.~ CONTROL nl~TRlcr Post omce Box 1986. Arcadia, Florida 3..265/f'hone: (141) ..'.....021/fu: ('''I) "'4-5381 1 6G 3 March 28.1997 MT. PwlCht B. Brock ClMk Of The Cl%cult Court CoWeT CoWlty Circuit Court CleTk'. FlDaDce DepartmeDt poat Omce Box 413016 lIapl-. Florida 33941-3016 Dear Mr. BTock: EnclDaed .. a copy of the mJDutelI and attac:hmonlta p~Dte4 at the MODthly Meet1D& beJ4 on Thun4ay. P'ebnuu:y 27. 1997 lor the Cow SlouCh WateT CoDtrol Dlatrlct. IJlclude4 aho, .. tho ftnancla1 reporta for the mODth of Febnaary 1997. Pteaao me theM mlDut.. and attachmeDU pursuaDt to Chapter 298.15 of the norl4a sutut... ThaDk you. .0:~ ~~ L C1.m..' Admln1stratOT Cow 8lo11lh Water Control Dlatrlct BDclo.w.. Certified Man "umber: p 340 104 076 c:ea.&..... 'COW SLOUGH WATER CONTROl. DI~cr ~GENDA FOR MONTHLY MEETING TO BE HELD ON Jry:BRUARY 27. 1997.t 3:00 p.m. THIS MEETING IS OPEN TO THE PUBLIC 1 6G 3 BOARD OF SUPERVISORS Mr. D.llu Townsend, President Mr, Phil Sherrod, Supervisor Mr. John Giddens, Supervisor I) l'RESIDENT. CALL MEF.TING TO ORDER 2) OLD BUSINESS a. Approve the Minutes of the Monthly Meeting held on January 23, 1997. b. Pacific Landco update. c. Church Road Issue. d. Removal of risers, Church Road. e. Other. 3) ~DMINISTRATOR'S REPORT a. Approve Financial Reports, February 1997. b. Facilities Report. c. Other. 4) J;NGINF..ER'S REPORT a. D.O.T., Highway 29 update. b. Easements update. c. SFWMD, Site Visit. d. Culvert (2-48"), Townsend Canal. e. Construction Bidding Process, Update. 5) AJ'TORNEY'S REPORT a. Discussion. 6) ~EW BUSINE~S a. Discussion. 7) ADJOURNMENT ClAOfNDA COW SLOUGH W A TE~ CONTROL DISTRICT 1 6 G 3 POARD OF SUPERVISORS j'ttONTHL Y MEEDNG MINlITES FOR THE MEETING HELD ON FEBRUARY 27.1997 AT 3:00 P.M. JJOARD OF SUPERVISORS ADMINISTRATOR Mr. Dallas Townsend, Prcsident Mr. Phil Sherrod, Supervisor Mr. John Giddens, Supervisor Ms. Dana Ocment OTHERS PRESENT Mr. Tommy Perry, Johnson-Prewitt, District Engineer Mr. Clark Tullos, Johnson-Prewitt, District Engineer Mr, Jim Coughley, Representative of Berry Corporation Mrs. Judy Mims, Landowner Mrs. Pam Rllulerson, Landowner 1) ~RESlDENT. CALL MEETING TO ORDER Mr. Townsend called the February 27, 1997, Cow Slough Water Control District Monthly Meeting to order at 3:00 p.m.. These meetings are held in the County Extension Offices located In LaBelle, Florida. 2) pLD BUSINESS a) RATIFY THE MINUTES OF THE MONTHLY MEETING HELD ON JANUARY 23. 1997 _ Mr. Sherrod made a motion to accept the minutcs of the January 23, 1997 Monthly Meeting with amendmentJ, Mr. Giddens seconded the motion, The motion passed unanimously. b) rACIFIC/lANDCO UPDATE - Mr. Townsend stated he did not hIVe the time to meet with Mr. English, but would phone him next week. c) cnURCH ROAD ISSUE - Mr. Townsend stated the new commissioner of this district is Ms. Ann Fussdland he bdieves she would take an interest in the Church Road issue if it has been brought to her attention. Mr. Townsend stated he is not sure if it has been. Mr. Townsend stated he believes tile best thing to do would be to meet with Ms, Fussell, and the County Administrator, Mr. Baird and ask them to arrange a meeting with the L<< County people and perhaps get everyone in the same location so there can be a thorough ------_.~......_-"'- 1 6G 3 COW SLOUGH WATER CONTROL DISTRlCT 2 BOARD OF SUP!:RVISORB MOIfTHLY MltltTmG nBRUARY 27,1997 uunged, but it cannot be scheduled until late March 1997, as he will be busy with the fair and will not have the time to devote to the issue. Mr. Townsend stated he has already spoken to Mr. Baird concerning this issue, and he agreed that Ms. Fussell needed to be involved as the project is located within her district. Mr. Tullos stated he does not believe time is of the essence, but if the Board wishes, he could arrange an on site meeting with all concerned representatives. The Board stated they had no objections to Mr. Tullos initiating a meeting and that the message the district would like to convey is two fold; I) CSWCD has already completed a survey on Church Road, also indicating which landowners are willing to donate right-of-ways, and 2) while there is no official action to do so, if they were to begin construction right aWIY, CSWCD might consider donating some funds toward the construction of the bridge. Mr. Tullos stated he willurange a meeting with all concerned representatives, d) REMOVAL OF RISERS/CHURCH ROAD. Mr. Giddens stated he had the risers cut out so there would be no problems. Mr, Townsend asl(ed if Mr, Giddens had forwarded an invoice to the District? Mr. Giddens stated to date, he had not been billed. 3) ADMINISTRATOR'S REPORT a) APPROVE FEBRUARY 1997 FINANCIAL REPORTS - Mr. Sherrod made a motion approving the February 1997 financial reports as submitted. Mr. Giddens seconded the motion and the motion passed unanimously. b) Ms. aement stated the Audit Report for 1996 will be ready by the March 27. 1m meeting. Ms. aement suted the luditor asked if Mr. Boy needed to attend the meeting to present the report? Mr. Townsend stated Mr. Boy needed to attend the meeting only if there was a problem specified within the report. Mr. Giddens and Mr. Sherrod concurred, c) FACILITIES REPOBIS - Ms, aemmt stared the Facilities Reports ~re due in by March 15 of each year, Mr, Perry stated they were being typed ap and sent out shortly and a copy of the reports would be forwarded to Ms, aement for the District files. d) Mr, Towns~nd suted the CapiLlll Contingency account budgeted in the amount ofS9,JOO.OO, is to be added to the Certificate of Deposit when it matures, to cover the interest on the SlIO,OOO.OO payment to Duda & Sons. Ms. aement stated the certilicate matures April 28.1997. -.. .-------_._--,~------' 16'G 3 COW SLOUGH WATER COJlTROL DISTRICT 3 BOARD OF SUPERVISORS MOJITHLY MEETING FEBRUARY 27,1997 4) ENGINEER'S REPORT a) WATER OUALITY ANALYSIS - Mr. Perry .tated there wa. anolher spike in the nitrogen Ilnd phosphorus levels, such a. the one experienced la.t year. Mr. Perry staled he will send an analysis report to the Board and apologized for not bringing one to the meeting. Mr, Perry stated Short Environmental ha. been late In .ending the report. for .ome ruson, and the analysis he is referring to where taken in Oct, and Nov. 1996, and just received by Ihe district, Mr. Perry stated he i. not .ure why there WIS a spike, unless the districl sprayed herbicides around Oct. and Nov. 1996. Mr. Townsend .tated decaying vegetation docs not release nitrogen, in fact, it absorbs nitrogen. Mr, Townsend staled perhaps CSWCD's num~rs were mixed with .omeone else. Mr. Tullos .tated these numbers are not bad numbers, but compared 10 the previous levels, they are high, b) D.O.Tn HIGHWAY 29 UPDATE - Mr, Perry stated some pertinent information has been forwarded to the D.O,T., and they also sent a suggested form for the non-exclusive letter eaument. Mr. Perry stated hopefully, the district will receive a favorably response from D.O.T. c) EASEMENT UPDATE. Mr. Perry stated tbe easement descriptions for the canal ntension. have been forwarded to the attorney. Mr. Perry asked Ms. aement if .he had received any correspondence from the attorney? M.. aement stated she had received none. Mr. Perry stated the easements should be coming directly from the attorney's office 10 tbe district. Mr. Perry staled the same sketches which everyone received from Johnson &: Prewitt were the one. utilized to describe the easements. d) SFWMD UPDATE. CONSTRUcnON ON FACILITIES. Mr, Perry tbere was a site villit with SFWMD which Mr. Townsend attended and it WIS ~lieved that the visit went wdJ. but a week laler, a four page letter was received from SFWMD wbich Jobnson, Prewitt did respond to. Mr. Perry stated the district is awaiting SFWMD's response. Much discussion ensued regarding the site visit with SFWMD. Mr. Tunos stated they submitted a permit application to SFWMD .ome time ago, and hopefully, the answers he submitted in response to their letter will bring results. Mr, Tullo. .tated the district wiD overcome any obstacles SFWMD puts in CSWCD's way. Hopefully, the district will be receiving its permit shortly. Mr. Tullos slated abo present at the site visit, was a representalive from Ihe Corps of Engineers and since Ihat time. Mr. Town~end went through the Soil Conservation Service and they went out and did some studies relative to Fye Pond. Mr, Tullos stated it will be _.._..__....._~"""'.--=>".,'~,..~"'--._.............--..- 1 6G 3 COW SLOUGH WATER COIfTROL DISTRICT 4 BOARD OF SUPERVISORS MORTHLT MEETIlfG FEBRUARY 27, 1997 recommended to the Corps of Engineen that CSWCD does not need any permits from the Corps. Mr. Townsend stated in regards to Fye Pond and the Donaway, Raulenon tailgates there; Soil Conservation .vent out there and nagged the edge of the wetlands. The design of the Lateral 3, East was to go 480 feet beyond its current ending, and while the Corps of Engineen is not going to have a problem with that, it does encroach into the 200 foot buffer zone SFWMD requires, Mr, Townsend stated he believes it is a 92 foot encroachment. Mr. Townsend asked Mr,Tullos how the district should approach this issue? Mr. Tullos stated Johnson & Prewitt is going to have a survey crew in the vicinity within the next few working days and he would like to get some more information gathered before reaching an absolute conclusion, Mr. Tullos stated right now, that portion of the drawings have been submitted to SFWMD and he would like to see what happens relative to that issue. Mr. Townsend stated bllsically the end of the ditches you designed were about 108 feet away from the wetlands the Soilllnd Conservation identified. Mr. Townsend stated which is better, as Ihis would meet the Corps of Engineer's requirements, Mr. Townsend stated in reference to the canal which runs along David Brown's West side which is going to be ending at tbe wetland area tbere; he met with Judy Mims and Pam Raulenon on that issue lU the Corps of Engineer's representative told informed us that it will definitely be encroaching on the wetlands. Mr. Townsend stated nther than leaving this issue with loose ends, we need to discuss how we are going to approach this issue. Mr. Tunos stated Mr, Brown's permit provides for a detention area wbicb sits on top of the wetlands. It is actually considel'llbly larger than the wetlands. Mr. Tullos stated tbat WlU their method of mitigating the wetlands to make it into a detention area. Mr. Tullos stated of coune, if tbey bad done that, tbey would bave to build a levee between tbeir property and David Brown's which would be in the wetlands. Mr. Tullos stated if the reservoir had al~ady been built, he does not believe the~ would be a problem of building CSWCD's canal up to it and accepting the receiving water, but the fact that it has not been built, either CSWCD hlU to stay 200 feet away from the edge of the wetlands, or lo/)k for an alternate plan, Mr. Townsend stated if you were to dig. ditch which WlU not going over to the wetlands, or put water into the wetlands, does that ditch still have to be 100 feet away from the wetlands? Mr. Tullos stated any ditch that is a part of the surface water management system is under the restraints of that rule. Mr. Tullos stated it is an arbitnry number. Mr. Townsend stated he does not believe a ditch can be run down there and remain 100 feet away from the wetlAnds, One suggestion was to stop the N/S reach of Lateral-l E further to the North, shorter COW SLOUGH WA.TER COIfTROL DISTRICT BOARD OF SUPERVISORS MOIfTHLY MEETIIfG FEBRUARY 27, 1997 1 6G 3 5 than originally planned and improve it considerably. Arrer much discussion involving the Board, Engineers, Mrs. Mims, and Mrs. Raulerson, it was decided to meet on the site in question to view the situation, and decide which course of action would best suit everyone involved. e) CULYERT 12-48"\, TOWNSEND CANAL - Mr. Pury stated he reviewed the existing plan and currently there arc 3 - 36"x 58' culverts, and 1-48" culvert. Mr. Perry stated the 48" culvert is the one the district added. and the three 36"x 58' culverts arc equivalent to a 48" culvert. Mr. Perry stated the district would gain something if it was to take out one of the 36" culvert and install another 48" culvert at A lower elevation. Arrer much discussion. Mr. Perry recommended the district not remove any of the existing culverts. but install an additional 48" culvert at A lower elevation. Mr. Sherrod stated the main thing is to get the gates pulled early enough to take care of the water before we get nooded. Mr. Sherrod made a motion to purchase and install one additional4S" culvert on the West side at the Church Road crossing in the Townsend Canal where the others currently exist. Mr. Giddens seconded the motion and the motion passed unanimously. Mr. Townsend IlJked if this issue was including in the bid package? Mr. Perry stated no it is not. and probably the best way to handle it would be with II Change Order. f) CONSTRUCfION. BlDOlNG PROCESS UPDATE - Mr. Tullos stated the bid package has been set up to receive bids by March 21. 1997, giving Johnson & Prewitt the necessary time to review the bids And have a recommendation ready for the Board of Supervisors at the March 27, 1997 Monthly Meeting. Mr. Townsend asked if the language in the bid package specified that the start t.Iate of construction is contingent upon the date the district receives its permit? Mr. Tullos stated there is language similar to that within the package. Mr. Townsend asked if there is language in the bid package specifying what to do with the spoil along the right-of-ways, etc. so the district docs not have to deal with re- addressing the spoil issue? Mr, Tullos stated yes, that has been specified. Mr, Perry stated unclassified excavation is specified within the language. Ms. Gement asked if the whole bid package will be forwarded to the District's office? Mr, Perry stated he will see that he fonvards the entire package when it is completed. Mr, Townsend stated Jack Queen Construction has requested they be put on the bidder's list. Mr. Tullos stated they have not made up A bidder's list, but he will see that Jack 1 6G '3 cow 8Lf)UOH WATER C01'fTROL DISTRICT BOARD <>F SUPERVISORS M01'fTHLY MEETIKO FEBRUARY 27, 1997 6 Queen is included. 5) ,\ TTORNEY'S REPORl: a) None. 6) CALL FOR NEW OR OTHER BUSINESS a) Mr. Townund stated the agreement CSWCD eucuted with Duda " Son. and the LPD group North or the District, require. that CSWCD pay $110,000.00, plus interest (interest budgeted), 18 months aner the effective date or the Igreement wbich was December 1995. Mr. Townsend stated that means in June 1997, tbe plyment i. due, Mr, Townsend sbted CSWCD is going to have to borrow the rund. and pledge the 97198 tax revenues to do this. Mr, Townsend stated the district nctds to send invitations to the 10cII blnks giving them an opportunity to bid on I least cost buis. Mr. Townsend stated this needs to be done immediately and brought up It the MArch 1997 Monthly Meeting. Mr. Sherrod made a motion authorizing Mr. Townsend to contact the local banks requesting they submit written quotes on an interest rate ror a loan in tbe amount or 110,000.00. Mr. Giddens seconded the motion and the motion pissed unanimously. Mr. Townsend stated he will bring the written quotes he receives to the next monthly meeting and a choice can then be made. 7) ADJOURNMENT At 4: I 0 p.m., Mr. Sherrod made a motion to adjourn the meeting. Mr. Giddens seconded the mOlion, and the motion passed unanimously. Administrator Cow Slough Water Control District OIMI. . COW SLOUGH WATER CONTROL DISTRICT MONTHLY FINANCIAL REPORT FROM JANUARY 24,1997 THROUGH FEBRUARY 27,1997 1 6G 3 OP.ENING BALANCES FEBRUARY 1-,--1997 CHECKING ACCOUNT BALANCE CERTIFICATE OF DEPOSIT 156,216.79 14,974.13 171.190.92 TOTAL INCOME: 01131/97 INTEREST ON ACCOUNT (CHECKING) HENDRY COUNTY-TAX REVENUES COLLIER COUNTY-TAX REVENUES 291.67 5.026.12 3,347,15 RECEIVABLES, ENDING FEBRUARY 27, '1997 TOTAL REVENUES 8,664.94 179.855.86 EXPENDITURES,; JOHNSON-PREWITT & ASSOC, INC.(englneerlng) SPRINT (local phone service) DANA CLEMENT (administration) lDDS (long distance phone service) RELIABLE (office supplies, envelopes) KRISTINA KULPA, CFA (fProperty Appraiser fee for 1996) POSTMASTER GENERAL (postage) lEWIS, LONGMAN, & WALKER, PA (legal services) SHORT ENVIRONMENTAL (water analysis) TOTAL EXPENDITURES, ENDING FEBRUARY 27,1997 2.245.00 28.95 788.44 1,63 18.18 1,031.54 127.00 39.01 280.00 4.559.75 ENDING CASH BALANCE AS OF FEBRUARY 27,1997 175.296.11 --~,."'">._-_._- IOfTKJ.J SUfi cor SLOOr:a IAn ACCODT fIl'1.l mUlL OCTOBO Ioyam DEemO JAlUlT I SUDGIT IICIlVID IICIlVIO UCIlfIO IIcUYm I .......................................................................................... ...................... ...... ...... ............... .... ................ ............ ..... CHECUlG ACCOU'T Il1JJCI l1,m,57 H.5U.H n,m.u 10I,U1,2T I! cmmc.1.TI or OIPom 14,501.31 11,501. 31 H,m.1J 1I.m,1J BEGIDI.G .OITIILT BALAlCKS H,m.1I H.m.10 ",212,01 m,1I5.40 l' mos UCIlVEll TAl COLLECTOI . KnOlt co. 0,00 m.1I H,m.Ol 15,75].50 TAl COLLacTOI . COLLIn CO. m.ta 32,31 l1,m,u m.n Ill( arum 203.H 172,21 112.11 201,59 mCUUlEoas UCOllE 0.00 2.040.00 1,012.15 0.00 CASK BALUCIS . IIClIfUUS TOTum H,m.H ".162.11 134,151.12 110,216.11 11 ............ .............. ............... .............................. .........- ..... .... ...................... ............ ............................. OCTOBII lonno DICIDU JAlallT IIPao I TOlES ACTOAL ACTUAL ACTlJA.L lCT'IIAL cmTU COITllGDCT '.350.00 0.00 0,00 0.00 0,00 !'OVlsao C1JU ?IOJECT 125.000,00 ",40 0.00 2,151,50 '.00 momr's rus 15,000.00 3.341.75 1.012.15 n.u 0,00 DGlmttJG r!!S 15,000.00 1.032.50 3,m.50 3.m.50 l,m.50 TAl ms/WLT mc n 11.051.00 no.n 10,U 2,IOUl 3,205,51 CUlL uumUCE 13,100.00 0.00 3,SIl,50 0,00 0,00 AUOITOI 3.000.00 0.00 0,00 0.00 0,00 AllIIJISml'Ol 10,000.00 m.15 777 ,10 103,00 m.1I mawcl 2.500.00 0.00 0,00 m,oo 0.00 omCE mum 100.00 11,54 22.H 21.0' 52,40 mu AllVmUnUTS 100.00 0.00 0,00 0.00 0,00 POSTAGE 100,00 0,00 1l4,oo 0.00 0,00 Dan m.oo 0.00 0.00 500,00 115.00 JATO QUALITY lIlLtSIS 2,500.00 0.00 210.00 210,00 0.00 UIITUlICI COlfIIGDCr 5.000.00 0,00 0.00 0.00 0.00 TOTAL IIPDDITOUS 211,213.00 5.m.52 , ,110.03 10. 2U.32 '.an.n ....... a .........n...........a..........................................................._..... UDlIG CASK smus H,OIl.10 It,m.OI m.m,.o 11\ .110.12 11 T1IIS UPOIT COITlIn PIOJICTID lurans rOI DISCUSSIOI PUlPOSIS om ~--~,.....~-- 1 6G 3 CIA!. mon Unlet UHflm WCII AIm IAT JIIJE my 1mST mT!lm llCllVZII lICllfZll llCllnD lICIIVIO uCIIVm llClIYlO lICIIYZII ........ .......... --...... -..-.......... ....................... -.-.......... ----.... -.................................... -..... --.............. -.- .......... Dm WAlCI 0.00 0.00 0,00 0,00 0.00 0.00 ",015,13 U,10'.01 l,llT,l1 3,122.U 15,m.ll 0.00 0.00 0.00 0.00 0.00 0.00 111,171.0' -.-.-.-....... ---...... ........... ......... -....... -.-.. .....--............... --...... ...-....... ... ....... .... .... -... ---... WCII AIm lAY Jm mr 1UCUST mTllau rw TO ImD COUII'TZII COUlmD COUII'T!Il COUlmD COUlmD coaIfT!Il Dm WAlCE '.350.00 120,712.10 10,m.13 1,330,00 3,410.13 10,010,50 3,000.00 ',211.11 1,ICI,OO m.15 400.00 )U,OO 0.00 I,UO,OO 5,000.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 171,210.14 ......................1::I.....II.,.....:...:l22.:I:Z..2....:I......1'1..s...................:t.............aas.......... 75,m,ll 0.00 0.00 O.CO 0.00 0.00 0,00 155,33U5) 0.00 0,00 0.00 0.00 **************************** PUBLIC NOTICE OF APPLICATION **************************** 1 6G NOTICE IS HEREBY GIVEN THAT PURSUANT TO CHAPTER 373, FLORIDA STATUTES. THE FOLLOWING APPLICATIONS FOR PERMIT HAVE BEEN RECEIVED BY SOUTH FLORIDA WATER MANAGEMENT DISTRICT: 'WC[ COMMUNITIES INC ( TARPON COVE/SUBDIVISION II , 24820 BURNT PINE DRIVE BONITA SPRINGS FL 34134 HAS SUBMITTED APPLICATION NO. 970127.5 FOR IRRIGATI~I OF 40.18 ACRES OF LANDSCAPE LANOS. THE WATER WILL BE WITHDRAWN FROM WATER.TABLE AQUIFER. THE PROJECT IS LOCATED IN COlLIER COUNTY, SEC 16. TWP 48 S, RGE 25 E. ~/CI CO'1MUNITIES INC ( TARPON COVE/SUBDIVISION I ) 24820 BURNT PINE DRIVE BONITA SPRINGS FL 34134 HAS SUBMITTED APPLICATION NO. 970127.6 FOR IRRIGATION OF 22.91 ACRES OF LANDSCAPE LANDS. THE WATEk wILL ~f WITHDRAWN FROM WATER-TABLE AQUIFER. THE PROJECT IS LOCATED IN COlLIER COUNTY, SEC 16. TWP 48 $, RGE 25 E. we! ea1MUNITIES INC ( TARPON COVE SUBDIVISION III ) 24820 BURNT PINE DRIVE Ba/ITA SPRINGS FL 34134 HAS SUBMITTED APPLICATION NO. 970127.8 FOR IRRIGATION OF 21.57 ACRES OF LANDSCAPE LANDS. THE WATER WILL BE WITHDRAWN FROM WATER TABLE AQUIFER. THE PROJECT IS LOCATED IN COlLIER COUNTY. SEC 16. TWP 48 $. RGE 25 E. WCI COMMUNITIES INC ( TARPON COVE/SUBOIVISION IV ) 24820 BURNT PINE DRIVE BONITA SPRINGS FL 34134 HAS SUBMITTED APPLICATION NO. 970127-9 FOR IRRIGATION OF 22.91 ACRES OF LANDSCAPE LANDS. THE WATER WILL BE WITHDRAWN FROM WATER TABLE AQUIFER. THE PROJECT IS LOCATED IN COLLIER COUNTY. SEC 16. TWP 48 S: RGE 25 E. 951 LAND HOlDINGS JOINT VENTURE ( FIDDLER'S CREEK) 4001 TAMIAMI TRAIL NORTH SUITE 350 NAPLES FL 34103 HAS SUBMITTED APPlICATION NO. 970128.5 FOR IRRIGATION OF 1357 ACRES OF LANDSCAPE LANDS. THE WATER WILL BE WITHDRAWN FROM SHAlLOW AQUIFER. THE PROJECT IS LOCATED IN CClLIER COUNTY. SEC 14.15.22,23, TWP 51 S. RGE 26 E. NEH !'/:\TERFORD CONDe ASSaCIATICtI ( ~EW \.IAT!=,Of'J) :::CNDQ ) PO 30X 7105 NAPLES FL 34101 HAS SUBMITTED APPLICATION NO. 970203-15 FOR IRRIGATION OF 16,06 ACRES OF LANDSCAPE LANDS. THE WATER WILL BE WITHDRAWN FROM SHAlLOW WELl. THE PROJECT IS LOCATED IN COlLIER COUNTY, SEC 32, TWP 49 S, RGE 26 E, SAXON MANOR ISLES APARTMENT ( SAXON MANOR ISLES APA.~TMENTS ) 4893 SOOTH RIDGE DRIVE ST LOUIS MO 63129 HAS SUBMITTED APPlICATION NO. 97020;;.3 FOR IRRIGATION OF 20.9 ACRES OF LANDSCAPE lANDS. THE WATER WILL tlE WITr:!'lRAWN FROM SHAlLOW AQUIFER. THE PROJECT IS LOCATED IN COlLIER COUNTY, SEC 6. lWP 50 S. RGE 26 E. .COW SLOUGH WATER CONTROl DISTRICT ( COW SLOUGH W.C.D. FACILITIES ) P 0 OFFICE BOX 1986 ARCADIA FL 34265 HAS SUBMITTED APPLICATION NO. 970116.3 FOR MODIFICATION OF PERMIT NO. 26-00324-S FOR SURFACE WATER MANAGEMENT OF 8820 ACRES OF AGR I CUL TlJRAl LANDS. THE WATER WILL BE DISCHARGED TO THE EX I STI NG ShM SYSTEM. THE PROJECT IS LOCATED IN HENDRY COUNTY, ~EC 13.14.24.25, TWP 45 S, RECEIVED FEa 2 5 m7 DELLA PARK SOUTH, INC. ( DELLA PARK PlACE ) 40 SUMMIT CAPITAL CORPORATION PO BOX 551 NAPLES FL 34106 HAS SUBMITTED APPLICATION NO. 970121.1 FOR AN ENVIR(NoIENTAL RESOORCE PERMIT FOR 3.9 ACRES OF RECREATIONAl lANDS. THE WATER WILL BE DISCHARGED TO THE CAXAMBAS PASS. THE PROJECT IS LOCATED IN COlLIER COUNTY, SEC 20. TWP 52 S, RGE 26 E. 1 6G INTERESTED PERSONS MAY CCt1HENT UPOO THE APPLICATION OR SUBMIT A WRITTEN REQJEST FOR A COpy OF THE STAfF REPORT CONTAINING PROPOSED AGENCY ACTION REGARDING THE APPLICATION BY WRITING TO THE SOUTH flORIDA WATER ~AGEMENT DISTRICT. ATTN: REGU..ATION DEPMTMENT. P.O. BOX 24680. WEST PAlM BEACH, FLORIDA 33416.4680, BUT SUCH COMMENTS OR REQUESTS MUST BE RECEIVED BY 5 O'ClOCK P.M. WITHIN 20 OAtS FROM THE DAT[ OF PUBLICATION. NO FURTHER PUBLIC NOTICE WILL BE PROVIDED REGARDING THIS APPLICATIOO, A COpy OF THE STAFF REPORT MUST BE REQUESTED IN ORDER TO REMAIN ADVISED OF ~URTHER .PROCEEDINGS. SUBSTANTIAlLY AFFECTED PERSOOS ME ENTITLED TO REQUEST AN ADMINISTRATIVE HEARING REGARDING THE PROPOSED AGENCY ACTI~ BY SUBMITTING A WRITTEN REQUEST THEREFOR AFTER REVIEWING THE STAFF REPORT. **************************************************************************** PUBLISH: FEBRUARY 20. 1997 NAPLES DAILY NEWS 1075 CENTRAL AVENUE NAPLES. FL 33940 ATTN: LEGAl ADS SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD VAlERIE BOYD, CHAIRMAN . fl." .' , . ~,. . - '.. 'i I.. l,.. Fl<01 : JQ-NSCtf-~IT&.ASSCX:. [He. ":~ Pl-OE I-(). 813 9El3 '38S4 F'eb. 24 1997 11:~ P& 1 6G , ... -0 South Florida Water Management District Fort M,..,... ~ee ('......tcr. 2301 M~CtClor BouICMrd . Fort Mym. FL 33901 (911) 338-2929' Fax (941) 338.2936 ' 1-800-248-1201 'Suncom 748-2929 CON 24.06.02 February 14, 1997 Thomas C. Perry, P.E. Johnson.Prewitt and Associates, Inc. P.O. Box 1029 Clewiston, Florida 33440 -, .... '. pear Mr. Perry: . .1.,....., Subject: Cow Slough Water Control District Facilities, Application .No, 970116-3, Hendry County S13, 14,24, & 25fN5SIR28E and SI8', 19,20,29,30, & 31fr45SIR29E nnd 85, 6, 7, 8, & 17rr46SIR29E The staff ha~ r.ompleted a preliminary review of the above referenced application. The District's project analysts are Craig Medlock and Jami McCormick. The information received was incomplete and did not adequately address the following items. According to Rule 40B-4, review of this project cannot be completed without this information. . . - '., . .... .... .. 1. Your application indicates that the Cow Slouih W. C. 0, covers 8820 acres. SF\V'MO Surface Water Management 'Permit. No. 26-00324,S covers 6273 acres. Does this application request that the permit be modified to include the additional acrear:e? If new activities are proposed outside the limits of the original permit or the modification is expected to lead to substantially different or greater water resource impacts, i.e, new wetland impacts, this application will be reviewed as an . Environmental Resource Permit. 2. The dimensional information you have shown for each structure on the "Plan of Proposed Facilities" is in contradiction with the dimensional information shown for each structure in Permit No. 26-00324-S. Staff is unable to find any similarities with the structures shown on your drawing and those exhibited in the original permit. Please clarify why there is such a discrepancy; . . . 3. tlie;''Pran of Proposed Facilities" identifies structures in or adjacent to the TownsenCl Canal orlaterahileading to the "Townsend: Some are labelled "replace", aome fa8 "existing", some as "to remain", and, the remainder have no lab~18 to identify whether they are existing or proposed. Some are shown c.-.;"~~Il bold type while others are J'n "snlldow.... Pleaso use consistl>nt labellinl>' Va1uM B....JV1 "-UllD'UB Wi1ii:un-Hammcm "'EUgcne K. retul ~;UnQ.cfE.. -P001C m:l:XUiibft DiiUr&r FIl.Ilk Willi_Jr., Via: ClWtrlllft B<toy Knm N.tha.niel P. Re.d MiWcI ShytOll, Otpny E>o:cni~ Dftetar WIlllam E. Graham RkJ.ud A. M.."'=k Miriam 5,"1'" . DUaict lletdquonm , 3301 Cun 0Jb Rood. P.O. Box 24680, Wm Pain> BelCh, FL 33416-4680' (407) 686-8800. FL WATS l-llOO-<W-2Q4S F'RCr1 : JGN5Of-PI<EUlT&ASSOC. INC. PI-OE f'll. 813 983 98S4 Feb, 24 1997 11:37AM P7 ~ 1 6G ';l Mr. Perry Application No. 970116.3 Febl"Uary 14, 1997 Pa~e 2 throughout this drawing to clearly identify the status of all structures. 4. It appears that the only "operable structure" is located at the W.e.D. border with the Duda property (STA 219+50), The permit identifies this structure as "5.60" culverts wI f1ashboard risers at an invert of elevation 26.5' NGVD" and there is no indication that you are proposing to modify it. Your plan drawing identifies tbe structure as "3.72" x 50' CMPs wI 10' riser and an invert at elevation 26.2'. Please address the discrepancy. . Staff also requests that you provide a clarification of the physical dimensions of this outfall structura (ii in iact it acts as the final discharge structure for the Cow Slough W.C.D.). Please describe its {unction and the operating schedule the structure is subject to. 5. The permit indicates that the southern boundary of the W.e,D. ends at the Collier County line, Your application suggests that the boundary extends well into Collier County to include Sections 5, 6, 7, 8, and 17. The permit indicates that this area may drain to the W.C.D. but the actual permitted boundaries do not include these sections. Since you are proposing a number of culverts in "Lateral L-29", Staff is concerned that the legal right for you to conduct these activities may not exist. Please discuss this issue and provide legal documentation to support your proposal to construct the facilities in these sections. ....,::.<,..'6~ " Iii. each eaee where laterals are proposed to be extended, please provide documentation that the Cow Slough W.C.D. has obtained ownership or easements to conduct the proposed activities. 7. For each structure identified on the "Plan of Proposed Facilities", please note whether they are "owned and maintained" by the Cow Slough W.e,D. or are "owned and maintained" by private agricultural interests, This issue arises from the fact that you show some of the structures in the canals and laterals while others are shown adjacent to the canals and laterals. :; '. ).':; . :. . . ':. - ..' . . " . : . ~; '. . . .' " : ... ,'.' : ~ . . , . . . " .... ; . {;.. . '. .' . ,...... . : .:.... I. . .' .' , . . .' " . i . F'R01 : JC>>l5O+-PREW I Tz.ASSOC. 1 ~IC, PI-O'€ I'-(), 813 983 98S4 Feb, 24 1997 U:38AM P8 ~ ~ ~ 1 6G 3 Mr. Perry Application No. 970116-3 February 14, 1997 Page 3 8. The permit identifies station numbers along the Townsend Canal in describing the location of structures. Please show station numbers on the "Plan of Proposed Facilities" eo that Staff can verify the location of the structures. 9. Please verify that this proposal does not result in the draina~e of any additional tracts of land and that the final outfall structure does not see any increases in flows that have not been previously permitted. 10. The submitted table shaWl various dimenlional information for the Cow Slough Sy"tA!m. Which. if any, of the climenaion. repre.ent a chania to the permitted system? 11. The Cow Slough W. C, D, 8yatem haa a permitted allowable discbarie rate of 30 CSM. How do the proposed modifications affect that rate? Please demonstrate with calculations. 12. A review of the submitted information indicates that the project contains or i6 adjacent to wetlands or other surface waters which are not addressed on the plans. Please revise the plans to defme all on. site and adjacent off3ite wetlands or other surface waters, as well as any other environmentally sensitive areas. : 1.3:... .,As discussed durin~ the site visit on February 7, 1997, please overlay the proposed project on a recent aerial. The aerial should clearly.distinguish between the previously permitted portions of this project (i.e the David C. Brown and Jolly Grove permits) and the proposed excavations. 14. Please provide a description of the vegetative cover and a vegetative map which includes all existing wetlands or other surface waten and native upland areas, identifies which type of wetland and/or upland is present and provides an acreage figure for each of the designated areas within the limits of the proposed work. The description should also include details of the dominant canopy and understory plant species. The vegetation map should utilize the Florida Land Use Classification Cover System (FLUCCS Level 3) categories. Also. please verify that the total acrea~e figure for all FLUCCS codes matches the project size. F'R01 : JMSO+-PREWIT&ASSOC, l...c. PKN: t-(). 813 9B3 98S4 Feb. 24 19'37 11: 3l3r41 pg . , 1 6G Mr. Perry Application No. 970116.3 February 14, 1997 Page 4 15. In order for staff to verify the adequacy of the proposed project control elevations to maintain the existing wetlands. please provide topographic information for the on-site wetlands. Tbe topographic information sbould consist of transects through the existini' wetland areas and should document the existing ground elevation at the rim and the bottom of the wetland. as well as the water surface elevations during the wet and dry . seasons. Elevations of water marks on trees, observed water level. or other indicators of seasonal water elevations should be included. District ". environmental staff is available to assist tbe applicant in determining the appropriate indicators for this site. The project control elevations should be set to ensure that the adjacent wetlands will not be adversely impacted by altered levels of inundation. 16. District criteria requires a buffer zone around wetlands to be protected. Natural, replanted or structural buffers which extend at least 15 feet landward from tbe edge of the wetland in all places and average 25 feet from the edge of the wetland are presumed to be adequate. What type of buffer mechanism will be provided. Please revise the plans to show the limits of the buffer zone between the proposed work and the adjacent wetlands. 17. Please locate the wetland impact areas, including the fla~ pond on the JFC property and the large flag pond south of Church Road, on the plan and ;: ;; , . ',' _..:~.:i ,,\,'~.r.?~~e th~ acreage for ~ach wetl.and impact area if still pro?osed, As , . diScussed In the field. mmor reahgnments to the proposed ditch excavatlon could avoid any direct wetland impacts and staff recomme~ds avoiding these wetland impacts, 18. Unavoidable adverse impacts to wetlands will necessitate some compensatory measures to offset wetland loslles or impairment of function caused by construction activities. Please submit a mitigation plan Cor the project. Plan componenta should consist of, but are not limited to, a planting plan, planting density. a list of tLe quantity and density ot species to be planted, size and source of plants. topographic plan with cross,sections of the mitiiation ana. hydrologic scheme and construction drawings. , FRO'1: JO-NSCN-PREUITll.ASSOC. INC. PI-OE m. B13 983 '38S4 Feb. 24 1997 11:39AM P10 , . . : 1 6G 3 Mr. Perry Application No. 970116-3 February 14, 1997 Page 5 The following comments must be addressed under an ERP application: 19, Please provide information which demonstrates that the development oCthis project will not cause secondary impacts to the water resources as defined by Section 4.2.7, Basis ot Review, Adverse secondary impacts are generally defined ae violations of water quality standards, adverse impacts to the ecological value of uplands to listed animal species, except where USFWS or . 'FGFWFC guidelines are met, impacts to significant historical and archeological resources, and potential for intended or reasonable exPected future uaes to have an adverse impact on water quality or wetland and other surface waters. Certain secondary impacts can be offset by providing a natural, replanted, or structural buffer which extends at least 15' landward from the edge of the wetland in all places and an average 25' from the edge of the wetland. Please indicate the type or buffer to be used. . .,-~.".. 20. A review of the submitted information indicates that the development of this project may result in cumulative impacts to wetlands or other surface waters or water quality within the same drainage basin as the proposed project. Please provide an evaluation of the potential cumulative impacts on wetlands or other surface waters or v,'ater quality as a result of the project. The evaluation should consider any reasonably expected future application with like impacts, which woclci necessitate the equitable distribution of acceptable impacts among future applications. ;~ :;);'.(::i~..,2~.:-t...;.:;)?,lel-t8esubmit information which indicates that the project is not contrary to '. y. ,., . the public interest pursuant to Chapter 373.414 F.S., using the following criteria: a) Whether the activity will adversely affect the public health. safety, or welfare or property of others; b) Whether the activity will adversely affect the conservation of fish and wildlire, including endangered or threatened species, or their habitats; c) Whether the activity will adversely affect navi~ation or the Dow of water or cause harmful erosion or shoaling; ~ , 1 F"R()1 : ]()-t-S()-I-PRBJ I T&ASSQC, II<. PIOE t-IJ. 813 983 98S4 Feb. 24 1997 11:40AM P11 ~ ' 1 6G 3 , i I Mr. Perry Application No. 970116.3 February 14, 1997 Page 6 d) Whether the activity will adversely affect the fishing or recreational values or marine productivity in the vicinity of the activity; e) Whether the activity will be of temporary or permanent nature; .'. .::.....:.,..-... f) Whether the activity will adversely affect or will enhance significant historical and archaeological resource under the provisions of '-s267.061; and g) The current condition aDd relative value of functions being performed by areas affected by the proposed activity. In accordance with 40E.1.603(4)(d) FAC, if the requested information is not received within 90 days of the date of this letter, this application may be proce88ed for denial. if not withdrawn by the applicant. Please submit the required FOUR cocies of the requested information and address it to Mr, Craig Medlock of this office. " Sincerely, ~7~~ Richard H. Thompson. P.E. Senior Engineer Fort Myers Service Center ..1.~..J'\".'~1'.~ ..~ ,.f.....I"'-'...""~I~.e..,..:,....-v..'... .. . .' ....~ ....~1iT/cam .. .. -- c: Hendry County Engineer Cow Slough Water Control District USEPA I I JOHNSON-PRl=.WITT & ASSOCIATES, INC. 1 6 G . . .. 850 WEST VENTURA AVENUE P.O. BOX 1029, ClEWlSTON, FlORIDA 334~O PHONE ~111183.1111 FAX~I)lll3-.! R. ClARK TUllOS, P.E.. P.l.S. ARIoW/DO l. BENAVIDES, P.E., P.L.S. w.RI( A. HA TAELD, P.l.S. 'THOMAS C. PERRY, JR., P .E. February 19, 1997 Mr. Craig Medlock South Florida Water Management District 2301 McGregor Boulevard Ft. Myers, FL 33901 Re: Cow Slough Water Control District Dear Craig: In response to Mr, Thompson's February 14, 1997 letter I offer the following: History and Background The Cow Slough Watershed Improvement District was created in late 1984. This district did not include any lands in Collier County. This Improvement District sought and received a Surface Water Management Permit (26-00324-5) in late 1988. The staff report shows lands draining from Collier County into the Improvement District, the amount is quantified and a map shows existing individual SWM permits that generate the flows. This Improvement District could not include lands in Collier County within its boundaries. In 1989 the Florida Legislature created the Cow Slough Water Control District (CSWCD). Its boundaries included all of the Improvement District plus lands in Collier County that was identified as contributing flow, ultimately to the Townsend Canal. Later the SWM Permit was transferred to the CSWCD. ENGINEERS PLANNERS SURVEYORS EHVIRONMEMTAL STUDIES f\u; ~ fEB 2 5 9Ji I ' ' " ,..'.'. " ~', ' , . :. . .. :', ., ',:,. ."> :'. . } \ 1 1 ~ I ~. 1 6G 3 Mr. Craig Medlock February 19, 1997 Page Two In 1990 Johnson-Prewitt prepared the first Plan of Reclamation for CSWCD. In 1996 the original plan was amended. The Townsend Canal This canal needed considerable improvement. All of the needed improvement has been accomplished with the exception of proper culverts under Church Road. The easements for Church Road cross the Townsend Canal at a different location than the one presently used. The re- construction of Church Road will ultimately be performed by Hendry or Lee Counties to serve the landfill. CSWCD is waiting on the re-alignment before replacing these culverts. There presently exists 3 - 72" x SO' CMPs with 10' risers in the Townsend Canal at the North boundary. The risers contain two (2) gates in each riser. The bottom gate is fixed and is never removed. The top elevation of the bottom gate is fixed at approximately 27.70'. The top gate is operated (removed and replaced) as needed for drainage. Once the runoff from a storm event is discharged the top gate is re-installed. This operation is conducted by one of the three supervisors. Two of these live in the district. The top elevation of the top gate is approximately 28.5'. Again, all work has been completed with the one exception. The North control structure was designed for 3 - 72" rather than 5 - 60". Each riser has a face that is approximately 8' wide. fasements The Cow Slough Water Control District is a government entity and has the same avenue of obtaining easements as the SFWMD. The CSWCD is fully aware of the easements needed - some exist and some are being sought. All canals and laterals shown on the Plan of Proposed Facilities are facilities of CSWCD. All structures that are within these canals and .~ 1 6G 3 Mr. Craig Medlock February 19, 1997 Page Three i I \ .~ \ laterals are facilities of CSWCD. Those water control structures shown are facilities of the landowners. \..ateral L 1 E This facility is designed for: 1. Accepting runoff from permitted discharges . 2. Providing flood control for some of the smaller landowners in Section 20. 3. To keep runoff within the CSWCD rather than entering private lands that are outside the District. This lateral is to receive the discharges from David Brown's permitted SWM system and from Dunaway's permitted SWM system. The wetlands in Section 1 9 were measured and classified In Oavid Brown's application. See the photo copies of portions of their SWM system. Remember, we are only trying to tie up to their permitted discharge. l-ateral 2E This facility is needed to connect up to Dallas Townsend's permitted discharge and to Jo-mar-el's discharge from Reservoir #4. See the enclosed photo copy. \..ateral 3E. L-29 and FYE Pond L3E and L-29 are needed for the discharges from lands in Sections 7, 8 and 17 in Collier County. Section 5 is permitted to Barron Collier Company. Section 32 (Hendry County) is permitted to Sherrod. See the photo copies. Their development boundaries next to Fye Pond are set back some distance from the wetland edge. 1 6G 3 Mr. Craig Medlock February 19,1997 Page Four We propose to extend L3E approximately 450 feet Eastward and construct a weir at that point with a control elevation of 34.2'. L-29 will direct water to Fye Pond and the control structure will prevent over drainage. We do not propose any work within this wetland. We disagree that negative impacts will be caused. We do not intend to perform any wetland mapping where this has already been filed with your agency by the landowners. Our design is solid, well-founded and is only intended to accomplish the stated objectives and is not at the expense of any environmental concerns. If you gather that I am annoyed as I have written this letter, you have won the prize. Sincerely, 1 ~ i I ! 1 ~ R. Clark Tullos RCT:mkc Ene!. cc: Cow Stough Water Control District 1 6G 3 MEMORANDUM Misc. Correspondence Agenda Oate Agenda Item #_ FROM: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager I!.. ClerY. of the Circuit Court/Flnance Department ".' RECEIVED APR 1 f' 1997 TO: !:lOilfeJ ,,' .vunt, (.PT"'. , : ..,~.-, DATE: April 10. 1997 RE: Miscellaneous Correspondence. BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8516 with the date and Miscellaneous Correspondence agenda item number. Fast Naples Fire Control & ResaJe DlstrIct Pursuant \0 Florida StaMes Sec. 189.418, the East Naples Fire Control & Rescue District has submitted the following: 1. Public Facilities Report 1997 Thank You. ":\1pOCIII\1l**II Mi~:;, Coms: lli:(l _/i1t, /11 !"-t' I lk;i.r, It... ~ . CopIes 10: . EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davia Blvd. Naples, FL 34104 Telephone (941) 774-7111 Fax (941) 774-1782 February 26. 1997 Mr. James L. Mitchell County Finance Director Colller County Finance Department 3301 East Tamlaml Trail Naples. F10rida 34112 Dear Mr. Mitchell: 1 6G 3 c, "\ N.4I.b~ J~~ ~ ~ ~~ RES~'::; As per F10rtda Statute 189.415. enclosed you will find a Public Faciltties Report for the East Naples Fire Control and Rescue District. Should you have any questions. please don't hesitate to give me a call at (941) 774-7111. Thank you. , \ , \Slncerely. ......." I .,' Yolanda Inabnltt Administrative Assistant VI Enclosure .4 . '" ~':' f,(1 .,.j .."i - ~'~ ~ ~~ ,- :: . ") -- .". "':1 'J ;1 ) , f ., . - d . -. . " ': .'. .', I . fit ' t ~', .', ,_:'.., . ,,'.:',: ":' ,",l~< ;,:', .,.'.: ",' ,":, ,.' ' 1 6G 3 EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 DAVIS BOtJLEVARD NAPLES, FLORIDA 33962 The East Naples Flrc Control and Rescue District currently maintains and owns 4 facilities and 1 vacant parcel of property. In 1995. the department respondcd to 5.194 fire and/or emcrgencles. A Headquarters 20. and Station 20 are located at 4798 Davis Boulevard. Naplcs. r10rlda. Administrative and Fire Prevcntlon activities are conducted from Headquarters 20. and Is currently staffed wtth 9 full-tlmc employees and 1 part-time employee. Station 20 currently houses 18 employces. 2 fire department vehicles. I supervisor vehicle. and 1 haz-mat vehicle. Station 21 Is the Public Safcty Facility located at 11121 East Tamlaml Trail. Naples. Florida. It currently houses 15 employees and 4 fire department vehicles. Station 22 Is located at 5665 Warren Street In the Lely subdivision. This station Is the department's maintenance facility. It Is staffed wtth 2 full-time mechanics and 1 part-time mechanic. Station 23 Is located on SR 951. 1 mile south of US 41. It houses 1 fire dcpartment vehicle and 1 bus. It Is staffed wtth 9 employees. SIC. 5 Year Outlook: Discussions continue wtth regard to constructing a joint fire station facility with the North Naples Fire Department. In the event North Naples decides not to participate. It Is the Intent of the East Naples Fire Department to pursue this project on their own. The site being considered Is located on Golden Gate Parkway and 70th St. S.W. The District owns 6 acres on SR 951. There are no Immediate plans to construct a facility on this site. D. We expect to fund these capital growth Items with Impact fees. E. No other replacements are expected wtthln the next 10 years. F, Thc anticipated capacity of each of the proposed facllltlcs wtIl be a minimum of a 3 bay station with approximately 8 to 12 personnel. Updated 03/97 , ." f ':::, '..... ,':, ': ,,:' " ' , t': · , .:. . ,.. ' , :' " ." J . , . ; 1 ", I, ,,' , . . . ". . ~ \. .. to ,~ .' \ ~ ~ : .' . . 1 6G 3 MEMORANDUM Misc. Correspondence Agenda Date Agenda he APR r 6 1997 TO: Sue Filson. Administrative Assistant Board of County Commissioners Board of r .aunt} Comml,Sicner~ FROM: Derek Johnssen, General Accounting Manager f1~ Clerk of the Circuit Court/Finance Department I ' DATE: April 10, 1997 RE: Miscellaneous Correspondence. ace Agenda Please place the following Items on the next available ace agenda and call me at extension 8516 with the date and Miscellaneous CorrespondenC41 agenda item number. Kev Marco CornmtxlIlv D8'.dopnenI 0IlItr1ct Pursuant to Florida Statutes Sec. 189.418, the Key Marco Community Development District has submitted the following: 1. General Purpose Financial Statements for the year ended September 30, 1996. 2. Annual Local Government Financial Report & Audit Report for the year ended September 30. 1996. 3. Management Letter and Management Lotter Comments for the ended September 30. 1996. Mi~c, CMrr.s: n:\~spocoaI O~!e: 5Jc, /tf1 { Ilc:n# / {". c, . Thank You. Cori~s To: February 17. 1997 ~ Kelj mareo C;ommunitv Deuelopment District 1 6G 3 ( Collier County Governmental Center 3301 E. Tamiami Trail Naples. Florida 33962 Allention: Mr. Dwlghl E. Brock Clerk of lhe Circuit Court Subject: Key Marco Community Development District Fiscal Year 1996 Annual Financial Report of Units of Local Government Dear Mr, Brock: Pursuant to Florida Statutes, Section 218,32(1)(b), enclosed please find the following: 1 General Purpose Financial Statements September 30. 1996. 2 Management Leller, and Management Letter Comments 3 Annual Local Government Financial Report If you have any questions or require any additional Information, please contact me. Yours sincerely, ~ MARCOCOMM. UNJ1Y DEVaOPMENT DtSTRICT ? / /1 ~A"U" A i.",'~f.,'_e/ , JPW/rgw Enclosures '1:> -.I .J ..,., "TJ ,.., ,-., o:l Z N ,:) ::> o:l 7i Z :: ." CJ ~ ,'Tl ~ 1 N ., CI James P. Ward Assistant District Manager District Offices 10..100 NW 11th Manor-:.Coral Springs. Florida 33071O:>Phone: (954) 753-03S0<C-Fax: (954) 345-129 1 6G 3 .., Ii! i .." .., (I> -< Z 'll t :::I.... I~ ~ i it! ~i 0 ~ e ~ II i ~ f · ~ " i ~ o t\ II r C 1 ~i ~~ 0 i a. ... ~ ... 5 l- e : I ~ !il\ III 1 !? e: i .. :l! ~ ~ ~ " ~ " !: ~~ ! I c ;-. . l i ~ ~ ~._.t f ...~ ;'1 :l 1I. ~ :e !, ill 0 i I ':Z I i l !l lD g- j ~ 11 s- c;; ~ 'I': f . U t :) i 1 i g i ~ I '" ~ ~ i f (Il ... ... ... ... . a,ll 1 !I ~ i ~ ... ... ~ ~ II ! Ii - .:.. ... .. Co> .. ~ Ii 11 ... '" ;V i '. l!'iO ~ Co> . i ! - .:. ~ ~I i ~ ." N Co> . .& , z. . I a 1 ~ '" ... a. - 1- .... N 0 a: ! I :~ ',- i i . 0 J '" I t . I~ ~ i l ~ I a '" ~ :l i: . " ... .. cr. Z ;;!l ~ m ... 0 ~ 0 0 i i :x: f~ - f II a 1 ~ ~ ~f i (g iI " . :J i . ~ r! o ,~ if t 1 a, i is. ~ ' I !, :J 9' i~ ! w ~ Xl . g ii a ~ i i N ! ~ -f !. l ~ :II fi f i f ~ !!. !t il - :J t I ttll. 'fS ! ~ 11 ." as g g Q 0 B ; .. IS: !!l it I~I .. Q. U'l !. -G R. .. . .. g . l' . ! ! I ~ \ \ \ FUND GROUP REVENUES AND EXPENDITURESlEXPENSES 1995-96 KEY MARCO COMMUNTTY REPORTING ENTTTY: DEVf'.OPMENT DISTRICT 10 NUMBER: GENERAL fUND REPORTING AJND GROUP: RevENUES AND OTHER CREDiTS (311.000 THROUGH 390.000) Account No. 363.100 361.000 369.000 Description Special Assessments Interest Earnings Other Miscellaneous Revenues TOTAL REVENUES AND OTHER CREDITS Duplicate Ihis page II addilionallines are needed. (continued) rORM DBF.AA.403 (Rov, 10/9/96) 1 6G 3 976 Whole Dollars Only ~ $50,325 3,532 9.802 $63,659 FUND GROUP REVENUES AND EXPENDIl1JRESI EXPENSES 1995-96 KEY MARCO COMMUNITY REPORTlNG ENTITY: DEVELOPMENT DISTRICT JD NUMBER: 1 6G 3 176 !>~P()RTING A.JND GROJP: GENERAL FUND .'. PENDrTURES AND OTHER DEBTTS : 1 THROUGH 592) Whole Dollars Only :,ccount No, Objecl Description Am2J,Ul1 538 10 Physical Environment- Flood Control $58,479 -- ~--- TOT AL EXPENDITURES AND OT'riER DEBITS $58,~ ClJplicate this page il additional lines are needed. FORM DBF.AA-403 Rev. 10/9/96) 2 FUND GROUP 1 6 G REVENUESANDEXPENDrruR~PENSES 1995-96 KEY MARCO COMMUNITY ,;EPOAllNG ENTITY: DEVELOPMENT DISTRICT 10 NUMBER: 176 DEBT SERVICE FUND ;-:EPORTlNG A.JND GROUP: ."EVENUES AND OTHER CREDfTS (Jl1,OOO THROUGH 3'0.000) Accounl No, 363.100 361.000 Description Special Assessments Interest Eamings TOT AL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are naeded, ( c,:,nlinued) FORM DBF.AA-403 (Rev. 1019196) Whole Dollars O. AmWJ.01 $1,650,6 122,0 $1,772, FUND GROUP REVENUES AND EXPENDITURESI EXPENSES 1995-96 KEY MARCO COMMUNITY -mNG ENTITY: DEVELOPMENT DISTRICT ID NUMBER: 16G 976 imNG FUND GROUP: DEBT SERVICE FUND ';,OrTURES AND OTHER DESrTS ;-'lnOUGH 592) Whole Dollars Or ,~ Object Description Am2.Wl1 70 70 70 Principal Debt Retirement Interest Expense Commissions and Discounts $400 t.238 50 ',17 1 i 17 _;;- ~,L EXPENDITURES AND OTHER DEBITS $1.6 Duplicate this page II additional lines are needed, FOAM DBF.AA,-403 Rev. 10/9/96) 2 l .., .,: .'.," ... :., ::: .:.: ...... .. '.. 1 6G 3 KEY MAltCO COMMVNTI'Y DEVDDI'MEH'I' Dm1UCI' Cli'.NDtA.L ftlRI'OSE I'II'fANCL\L BI' A'I'DIENTlI AS or AND POll TOE WAIl ENDED SEPTEMJIER 31. lJH .t.., I I I I I I I I I I I I I I I I I I I 1 6G TABLE OF CONTENTS INDEPENDENT AUDITORS' RRPORT 1 GENERAL PURPOSE FINAllCIAL STATEMXN'l'S Combined Balance Sheet - All Fund Types and Account Groups 2 Combined Statel^ent of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types 3 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Debt Service Funds 4 Notes to Financial Statements 5 - 10 SUPPLliXENTAJl.Y INl"ORKATION Report on Schedule of Special Assessments Levied for Debt Service 11 Schedule of Special Assessments Levied for Debt Service 12 GOViUUlIoCmT AUDITING STANDARDS Independent Auditors' Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards 13 - 14 Independent Auditors' Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards 15 Managf"ment Letter 16 - 17 " ,;'__~,_'____I.dl";l_*,,,_;~-_._,"""------;'-~""'------"""-";..,.-,..-,---,,------.,,,......-,,"'- I I I I I I I I I I I I I I I I I I I 1 6G ...... SCI-IULTZ CI-li\IPEL ECJ INDEPKN'DEN'l' AUDITOltS' llEPOilT The Board of Supervisors ~ey Marco Community Development District Collier County, Florida We have audited the accompanying general purpose financial statements of Key Marco Community Development District, as of and for the year ended September 3D, 1996. These general purpose financial statements are the responsibility of the Key Marco Community Development District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing stancards and Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purposP. financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general pur.pose financial statements referred to above present fairly, in all material respects, the financial position of Key Marco Community Development District, as of September 30, 1996. and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have alao issued a report dated November 14, 1996, on our consideration of Key Marco Community Development District' a internal control structure and a report dated November 14, 1996, on its compliance with laws and regulations. 5c~ c/.a..;u.1 · (!.., SChUltz,~Chaipel & Co. ~ovember 14, 1996 l q \ 1 ,. ~" 1 ,-,., ! \, ~ ',.1.,' "I ,',1" ... 111'\' 1 6G 3 Jl:EY MARCO COr1MUNITY DEVELOPMENT DISTRICT COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS September 3D, 1996 (With comparative totals for September 30, 1995) Governmental Fund Tvoes General Debt Service ASSETS AND O'l"HE1l. DnlTS Cash (Note 2) Due from other governments Special Assessments receivable (Note 3) Accrued interest receivable Investments (Note 2) Other assets Property (Note 4) Amount available in Debt Service Fund Amount to be provided for retirement of general long-term debt TotAl Asseta ADd other debits $10,813 9,811 $ 13,540,089 35,921 2,500,459 500 $ll.,lli $16.076.462. LXABILITIXS, FUND XQUITY AND O'l"RR1l. CAXDITS LXABILITIXS Accounts payable Due to individuals Deferred revenue Bonds payable (Note 5) Total liabilities $ 5,134 $ 22,757 13,540,089 -5......l.li 13.562.846 FUND EQtTITY AND OTl!Xll CRXDITS Investment in general fixed assets Fund balances Reserved for debt ser.ice (Note 6) Unreserved Undesignated Total fund equity and other credits 2,513,623 l.S.....tl.Q. l.S.....tl.Q. 2.513.623 Total liabilities, fund equity and other credits $ll..ll.i $16.076.469 l'rJe accompanying notes are an integral part of these financial statements. I I I I I I I I I I I I I I I I I I I 1 6G 3 Account GrOUOB General General Fixed Long-Term ABs~tB Debt Totals (Memorandum Only} 1996 1995 2,513,623 $ 10,813 $ 12,387 9,811 13,540,089 14,915,120 35,921 15,103 2,500,459 1,747,002 500 500 10,650,461 10,650,461 2,513,623 2,430,136 11.441.377 11.924.664 $~0.703.054 $41. 695.573 $ $ 10,650,461 $10.650.461. 11. 441. 377 $13.955.000 $ $ $ 27,891 $ 2,649 2,397 13,540,089 14,24(,120 13.955.000 13.955.000 14.355.000 13.955.000 27.522.980 28.604.166 10,650,461 10,650,461 10,650,461 2,513,623 2,430,136 15.990 10.810 ).0.650.461 13.180.074 13.091.407 $10.650.461 $13.955.000 $40.70~.O54 $41. 695. 57~ 2 I I I I I I I I I I I I I R I I I I I 1 6G 3 KEY MPRCO COMMUNITY DEVELOPMENT DISTRICT COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES . ALL GOVERNMENTAL FUND TYPES For the Year Ended September 30, 1996 (With comparative totals for the year ended September 30, 1995) ~ D.bt ...s..e.x:dcL. Tot..l. tM~mor~dum Onlv) 1996 1995 a%VlCl1TI:S Sp.ci..l ...........~ent.. Int.re8t incane Miec..llaneou. incom. $1,650,658 122,016 $1,700,983 125,5U 9 802 $1,639,313 109,'28 585 $50,32S 3,532 ...L.Jll ~ 1 772.674 1.B36 333 749.826 Total revenu.. IU.P Jrn'I) I TUlUS Current General Government Operating expen..e.. Debt service Principal retirement. IntereBt Other feea and charge.. 58.479 58,479 67,914 400,000 1,238,563 50 624 105,000 1,265,250 245.8n 400,000 1,238,563 50.624 1 689.187 1. 747. "6 1.684,057 Totsl expenditure. ll..i.ll EZClI: S S or U'IIlll'DlI:S ova. (IDlD D) IU.P IDlD I TUlUS 5,180 83,487 11,667 65,769 PUh"D IlALAJ{ClI: S . Octob.r 1, 1995 ~ ~,4J0 136 2.440,946 2,375 177 J'OllD IlALAJ{CII:S . Sept.mber 30, 1996 $~ $2,513,623 $2.52',61) $l..HO.'H The accompanying notes are an integral part of these financial atatemen 3 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT COMBINED STATEMENT OF REVENUES, EXPENDITURES A.'m CHANGES IN F1JlID BALANCES - BUDGET AND AC.'TUAL - GENERAL AND DEBT SERVICE FUNDS For the Year Ended September 30, 1996 1 6G 3 General Fund Budqet Actual variance Favorable !Unfavorable) JlXVXNOES Special assessments Interest income Miscellaneous income 48,482 $50,325 3,532 ~ .6..l......6..l $ 1,843 3,532 9.802 $ 48,482 Total revenue. 15.177 EXPEND ITUUS Current General Governmp.nt Operating expenses Debt Service Principal retirements Interest Other fees and charges Total expenditure. 72,218 58,479 13,739 - 72.218 5.Li.ll -1..3......D~ (23,7361 5,180 28,916 23.736 ~ (12.926) $ .u.....2.lQ. $ 15.990 EXCESS OF R.EVXNUXS OVER EXPENDITUUS FUND BALANCES, October 1, 1995 FUND BALANCES, September 30, 1996 $ The accompanying notes are an integral part ot: these t:inancial statements, I I I I I I I I I I I I I I I I I I I 1 6G 3 Budaet: DeQt: serv1~~ Fund Variance Favorable Actual (Unfavorable) TotalS (MemOrandllln Onlvl Budaet Actual Variance Favorable ITJnfavorabl $1,517,133 $1,650,658 $ 133,525 $1,565,615 $1,700,983 $ 135,368 71,717 122,016 50,299 71,717 125,548 53,831 9.802- 9, BO:l },.588.85Q 1. 772.671 -1.llhUi 1.637.332 1. 836,331 199 00] 72,218 58,479 13,73! 290,000 400,000 (110,000) 290,000 400,000 (110,00' 1,252,563 1,238,563 14,000 1,252,563 1,238,563 14,00' 46.287 50,624 (4,337) 46.287 50,624 (4.33 1. 588,850 1. 689 .187 (100.337) 1. 661. 068 ,..747.666 (86.59 83,487 83,487 (23,7361 88,667 112,40 ~.430.136 2.430.136 23.736 2.440,946 2.417.21 $ $~.5l3.623 $2.513,623 $ $~~29.6l3 $~~29.61 4 I I I I I I I I I I I I I I I I I I I KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO FINANCIAL STATEMENTS September 30, 1996 1 6G 3 NOTE 1 - SUMMARY OP SIGNIFICANT ACCO~ING POLICIBS The Key Marco Communi ty Development District (the "District"J, was established June 30, 1992 by the Collier County Board or: County Commissioners pursuant to Ordinance Number 92-45 and the provis ions of Chapter 190, Florida Statutes. The District was established to provide for the ownership, operation and maintenance of certain conununity wide infrastructure. The accounting policies of Key Marco Community Development District conform with generally accepted accounting principles (GAAPJ as applicable to governments. Key Marco Developments, a Florida general partnership, is the present major landowner in the District. All members or: the Board of Supervisors are employees of the Developer. The following is a summary of the more significant policies: Scope ot tbe District The criteria used in determining the scope of the entity for financial reporting purposes is that of management oversight by the Districts' Board of Supervisors. All such activities are included in the following funds: Governmental Fund Types General Fund The General Fund is established to account for all financial transactions not properly accounted for in another fund. Debt Service Fund The Debt Service Fund is used to account for the accumulation of resources for, and payment of general long- term debt principal and interest and related costs. Account Groups General Fixed Assets and General Long-Term Debt The general fixed assets and general long-term debt self- balancing groups of 9.ccounts are used solely to account for the long-term assets and liabilities that are not properly accounted for in Governmental Funds. In Governr:tental Funds. purchases and sales of long-term assets are recorded as expendi turea and revcnUE;S. Payments of long. term debt principal are rr~corded as expenditures in Governmental Funds. 5 I I I I I I I I I I I I I I I I B I I KEY MARCO COMMUNITY DEVELOPMEln DISTRICT NOTES TO FINANCIAL STATE11ENTS September 3D, 1996 16G 3 NOTE 1 - SUKKARY OF SIGNIFI~rr ACCQUNTrNQ POLICIES (Continued) Account Groups (Continued) These two account groups are not 'funds'. They are concerned only with the measurement of financial position. They are not involved with measurement of results of operations. Heaeurament Focus The General and Debt Service Funds are accounted for on a "spending" or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on the balance sheet. Accordingly, the reported undesignated fund balances (net current assets) are considered a measure of available, spendable or appropriable resources. Governmental Fund Type operating statements present increases (revenues and other financing sf'Jurces) and decreases (expenditures and other financing uses) in net current assets. Basis of Accounting The Governmental Funds are accounted for using the modified accrual basis of accounting. Revenues are recognized when they become measurable and available for use. Expenditures are generally recognized when the liability is incurred. Budgets On August 29, 1995, the District adopted the operating budgets for the General and Debt Service Funds. These budgets are adopted on a basis consistent with generally accepted accounting principles. Unexpended balances expire at year end. Expenditures may not legally exceed budgeted appropriations at the activity level. The District monitors expenditures-to-date on a monthly basis to avoid exceeding the budget, but does not use fonnal encumbrance accounting. Pixed Assets All property including infrastructure assets are recorded at cost. No depreciation has been provided on general fixed assets. 6 I I I I I I I I I I I I I I I I I I I KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO FINANCIAL STATEMENTS September 30, 1996 1 6G 3 HOTS 1 - SUHMARY OF SI~IFICANT ACCOUNTING POLICIES (Continued) Total. (Memorandum Only) Column The totals columns on the combined statements are captioned "MemOrandum Only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results ot operations, or changes in financial position in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of. this data. Comparative Data Comparative total data for the prior year have been presented in the accompanying financial statements in order to provide an understanding of c~~ges in the District's financial position and operations. However, comparative data have not been presented in all statements because their inclusion would make certain statements unduly complex and difficult to understand. NOTE 2 - CASH AND INVESnmNTS Florida Statutes provide that each special district may deposit its public funds in the Florida State Board of Administration Local Government Investment Pool or in banks and savings associations that participate in the Florida Multiple Financial Institution Collateral Pool. All such deposits are classified as fully insured. Florida Statutes also provide that Special Districts may invest in securities limited to obligations ot the U.S. Government, Mortgage Backed Securities guaranteed by the U.S. Government and in mutual tunds which invest in only the aforementioned securities. The bond resolution pr~~ides similar limitations on authorized investment securities. All deposits and investments during and at the end of the year were in compliance with statutes and the bond resolution. At September 30, 1996, the carrying amount of the District's deposits were $10,813 and the bank balance was $12,503. These deposits were entirely covered by federal depository insurance or by collateral pursuant to the Florida Security for Public Deposits Act (Florida Statutes Chapter 280) . 7 I I I I I I I I I I I I I I I I I I I ]tHY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO FINANCIJ\L STATEMENTS sp.ptember 30, 1996 1 6G 3 NOTS 2 - CASH AND INVESTMENTS (Continued) The following is a schedule of the District's investments at September 30, 1996: Cost Market Mutual funds held by bond trustee U.S. Government and Agencies securities held by the bond trustee in the District's name Totals (Memorandum Only) $ 124,332 $ 124,332 2.376.127 $2.500.452 2.383.820 $2.508.152 NOTE 3 - SPECIAL ASSBSSKBNTS On August 29, 1995, the Board adopted Resolution 95-5 levying non Ad Valorem Special Assessments for the purpose of meeting the debt service and operation and maintenance requirements of the District for fiscal 1996. The amount levied was $1,517,133 for debt service and $50,590 for operations and maintenance. These special assessments became effective billing on October 1, 1995. NOTE 4 - PROPBRTY Property in the general fixed assets account group consists of infrastructure assets (roadways, bridges, water management and street lighting) and water, sewer and irrigation facilities. A Certificate of Substantial Completion was issued on July 7, 1995. NOTE 5 - BONDS PAYABLE On December 23. 1992 the District issued Special Assessment Revenue Bonds, Series 1992 in the amount of $14,460,000 dated December 29, 1992 bearing 8.75t interest. The District is to levy special assessments pursuant to Section 190.022 of the Florida Statutes and to the ADsessment rolls appr~/ed by resolutions of the District. The collections are to be strictly accounted for and applied to the debt service of the bond series for which they were levied. The District covenants to levy special assessments in annual amounts adequate to provide for payment of principal and interest on the bonds. However, payment of principal and interest on the boods is dependent on the money available in the Debt Service Accounts and the District' B ability to collect special assessments levied. B I I I I I I I I I I I I I I I I I I I KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO FINANCIAL STATEMENTS September 30, 1996 1 6G 3 NOTE 5 . BONDS PAYABLE (Continued) The bonds are subject to mandatory redemption at par on a schedule of annual redemptions beginning December 1, 1995 through maturity December 1, 2013. The District is required to redeem the bonds at par prior to scheduled maturity from the proceeds of any assessments prepaid in full or monies received as a result of condeITU1ation or destruction of the project. The bonds are subject to redemption at the option of the District at par on or after December 1, 2008 or at a premium between December 1, 2002 and November 30, 2008. Interest is payable on the first day of each June and December. and commenced June 1. 1993. A summary of changes in Bonds payable during the year follows: Bonds payable at October 1. 1995 principal retired Bonds payable at September 30, 1996 $14,355,000 ~....Q.QQ $13.955.000 The following is a schedule of debt service requirements for the next five years and thereafter: principal Interest September 30. Due Due Total 1997 $ 420,000 $ 1,212,095 $ 1,632,095 1998 335,000 1,169.656 1,504,656 1999 365,000 1,139,031 1,504,031 2000 395,000 1,105,781 1,500,781 2001 430,000 1,069,688 1,499,688 Thereafter 12,010.000 8.640.187 20.650,187 $13,955.000 $14.336.438 $28.291.438 9 I I I I I I I I I I I I I I I I I I I ""_-..~___","",..__'___4",-~__"~_,,,.,",_"_~1____"""~'_""""."''''"""',,"' ICBY MARCO CO!oMJNITY DEVELOPMENT DISTRICT NOTES TO PINANCIAL STATEMENTS September 30, 1996 1 6G 3 )TOTB 6 - DOT SBllVICl{ aRSBllVX The Indenture provides for a Debt Service Reserve Fund which shall be held by the Trustee separate and apart from all other funds. The Debt Service Reserve Fund requirement is the lesser of; (a) the maximum principal and interest requirements in the current or any future bond year; or (b) the maximum amount allowed under the Internal Revenue Service Code. which is ten (10) percent of the bond proceeds. The following is a schedule of reserve requirement and balance in the reserve account at September 30, 1996: Reserve E~quirement Reserve Balance Special Assessment Revenue Bond, Series 1992 $1,446,000 $1,446,000 The rerraining fund balance is reserved for the payment of principal and interest. JlOTB 7 _ AGREEHEN'I'S WITl! DXVXLOPBll - ULATXD PUTT nANSACTIOHS At its inception, the District entered into an agreement with Key Marco Developments (the "Developer"), to advance monies for contributions in lieu of assessments for budgeted operating expenses. por the year ended September 30, 1996, operation and maintenance assessments were sufficient to fund District operations. Therefore. there were no contributions in lieu of assessments for 1996. 10 I I I I I I I I I I I I I I I I I I I 1 6G 3 SUPPL~"'1'A.R.Y INl'ORXATION "~__""~""~_~W."",,.,,.....,."L;"...".,,,,'';''''_'~''.'''__'''';"'_........,.,...""".."' .." '" 1 I I I I I I I I I I I I I I I I I I I 1 6G .... ':l ... SCI-IULT: CHf\IPEI GO. uu RBPORT ON SCBXDULK OF SPECIAL ASSESSMENTS LXVIKD FOR DOT SDVICE Board of Supervisors ~ey Marco Community Development District Collier County, Florida Our report on our audit of the general purpose financial statements of lCey Marco Community Development District for the year ended Septe:nber 30, 1996 appears on page 1. That audit vas made for the purpose of forming an opinion on the general purpose financial statements taken as a 'Whole. The Schedule of Special Assessments Levied for Debt Service is presented for the purpose of additional analysis and is not a required part of the general purpose financial statements. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly stated in all material respects in relation to the general purpose financial statements taken as a vhole. s~. v.~ I&,. Schultz, Chaipel & Co. November 14, 1996 11 .f' ;.., " : \ p. \\ ',; I ....~;' I ~ 'i ,'. : I Ii;' 1 \j'tr ,...... '.l. .'.:: '\ ~ ~"I'~ l"i II q ~o,I ..; ~ t ; L! l. \\ ,'ti i: ., ;"..;'1....' 1...\1.1'l Sl I:..l !\.\(il.lpj,,""~'l 1)1\1"11",- .,);1\ 1'\ IIW\h \" 1'\ ... "..".,.._"~"""";.ol_,____",_____'^~"'"'__ I I I I I I I I I I I I I I I I I I I 1CBY MARCO COMMUNIT't DKVBLOPMRNT DISTRICT SCHEDULB OF SPBCIAL ASSBSSMENTS LEVIED FOR DBBT SBRVICE For the Year Ended September 30, 1996 1 6G 3 Special Assessments levied for debt service $ 1,517,133 Add: Amounts prepaid by lot owners 103,359 Less: Amounts collected during the year ended September 30, 1996, including prepayments 11.620.4921 Special Assessments receivable at September 30, 1996 $ 12 ---- ~ I I I I I I I I I I I I I I I I I I I 1 6G 3 ... SCl-IULTi CHAIPEl 60. INPBPDDENT AUDITORS' UPORT OM 'l"BlI: Dl'TX1Ul.AL CONTllOL BTll.UCTtl1Ul BASXD OM AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS pnFORXBD IN ACCORDANCE "ITR GOVKRNHENT AUDITIN:; STANDARDS Board of Supervisors ~ey Marco Community Development District Collier County, Florida We have audited the general purpose financial statements of Key Marco Community Development District (the "District"), as of and for the year ended September 30, 1996, and have issued our report thereon dated November 14, 1996. We conducted our audit in accordance with generally accepted auditing standards and Government Audi ting Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perfonn the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of the District is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. , ~ , " ,~ :. it: I \ ~ ' 13 ," ~ .' ,,;, J. '. 1, ' :, I \\ ".~:. '. :'J.~.....: \ :01; ", .,' \ !' \ ~(/.I.'. (" ~ ..... 1'1\ !"'h" 1 ~ 110( t I" 11k'1'" \11 ~ l. __.,.',...._~_~..""";;; iIfii....._~__, I I I I I I I I I I I I I I I I I I I 1 6G 3 In planning and performing our audit of the general purpose financial statements of the District for the year ended September 30, 1996, we obtained an understanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our aUditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide an opinion on the internal control structure. Accordingly, we do not express such an opinion. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknellses under standardll established by the lImerican Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively low level the riSK that errors and irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. This report is intended for the information of the management and Board of Supex:visors of Key Marco Corrmunity Development District and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. s~, lj,~~ ..-to Schultz, Chaipel & Co. November 14, 1996 14 I I I I I I I I I I I I I I I I I I I wa,1 6G SCI-IULTi. CI--lAIPEI , GO.--- ~.'.' :.',.~ INDEPENDENT AUDITORS' ll.EPOltT ON COKPLUNCE :BASED ON AN AUDIT OF GENERAL PUlU'OSB FINANCIAL STA'1"!I:KImTS PBltFOllXED IN ACCORDANCJ: WITH GOVERNMENT AUDITIR:; STA.NDA1WS Board of Supervisors Key Marco Community Development District Collier County, Plorida We have audited the general purpose financial statements of Key Marco Community Development District (the "DiRtrict"), as of and for the year ended September 30, 1996 and have issued our report thereon dated November 14, 1996. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Compt=oller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. Compliance with laws, regulations and contracts, applicable to the District is the responsibility of the District's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we performed tests of the District's compliance with certain provisions of laws, regulations, and contracts. However, our objective was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported herein under Government Auditing StazJdarr:ls. This report is intended for the information of the management and Board of Supervisors of Key Marco Ccmmunity Developnent District and the Auditor G~neral of the State of Plorida. However, this report i. a matter of public record and its distribution is not limited. ",..~, eA~ ..to, Schult:, Chaipel << Co. November 14, 1996 15 ~ "\'-;"',J.'!-'. 1'\ 11"'.1, ;,', ;., ... I I I I I I I I I I I I I I I I I I I ,----,_..',...,'_._-;---,-"""''''.,.,-"~~ ..... 1 6G SCI-IULTi CI-l/\IPEI E ()-- KANAGDllDlT LB'r1'Ell Honorable Board of Directors Xey Marco Community Development District Collier County, Florida We have audited the general pU:qlose financial statements of the Xey Marco C~ity Development District (the "District") ,whose headquarters is located in Coral Springs, Florida, as of and for the fiscal yoar ended September 30, 1996 and have issued our report thereon dated November 14, 1996. We have issued our Independent Auditors' Report On Internal Control Structure and our Independent Auditors' Report On Compliance With Laws and Regulations both dated November 14, 1996. Disclosures in those reports, if any, should be considered in conjunction with this management letter. We conducted our audit in accordance with generally accepted auditing standards, and Governme.at: Audl.t:1IJg St:aIJdards issued by the COIIIptroller General of the United States. Additionally, our audit vas cOnducted in accordance with provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General (Section 10.554(1) (f)l.) require that we comment as to whether or not irregularities reported in the preceding annual financial audit report have been corrected. There _re DO irregularities disclosed in the preceding annual report. The Rules of the Auditor General (Section 10.554(1) (f)2.) require that we comment as to whether or not r~commendations made in the preceding annual financial audit report have bep.n followed. The recOltIllendations made in the preceding annual financial audit report have been corrected. 16 f:' i., , : \ j,', 'I ..;. ..';' Ii. I I"J,'I "i\I'U-" i; '.."I", .'";,, I.! ,'q:1 qtoj';' \\ \ I.\.\ :"-4:j OJ "I."t.,.' I. \Lltl 1",,(" ( " i.j' \'.(/1" 1'1' : .:. .', t ,_ ,,~ ! I' '. I 11,'1,", I.. "\ .... """__~_""",_~",,,'",', ,.,.,_.....'It...1UO: I I I I I I I I I I I I I I I I I I I 1 6G 3 As required by the Rules of the Audi tor GLneral (Section 10.554 (1) (f) 3 .) . the scope of our audit included a review of the provisions of Section 218.503(1). Florida Statutes. .Determination of Financial Emergency.. In connection with our audit, nothing came to our attention that caused us to believe that the Key Marco Community Development District is in a state of financial emergency as a consequence of the conditions described in Section 218.503(1). Florida Statutes. As required by the Rules of the Auditor General (Section 10.554 (1) (f)4.) . we determined that the annual financial report of the Key Marco Community Development District for the fiscal year ended September 30, 1996, was filed with the Department of Banking Finance pursuant to Section 218.32. Florida Statutes, and is in agreement with the annual financial audit report for the fiscal year ended September 30, 1996. The Rules of Auditor General (Sections 10.554(1) (f)6.,7.,8.,9.) require disclosure in the management letter of the following matters if not already addressed in the auditor's reports on the internal control structure or compliance: recorrmendations to improve financial management, accounting procedures, and internal controls; violations of laws, rules. and regulations which mayor may not materially affect the financial statements; illegal or improper expenditures which mayor may not materially affect the financial statements; improper or inadequate accounting procedures (e.g., the omission of required disclosures from the financial statements); failures to properly record financial transactions; and other inaccuracies, irregularities, shortages, and defalcations discovered by the auditor. Our audit disclosed no matters required to be disclosed by Rules of Auditor General (Sections 10.554 (1) (fJ6.,7..8..9.). The Rules of the Auditor General (Section 10.554(1) (f)10.) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the general purpose financial statements. The Key Marco Community Development District was established by the Collier County Board of County Commissioners pursuant to Ordinance Number 92-45 and the provisions of Chapter 190, Florida Statutes. This management letter is intended solely for the information of the Key Marco Community Development District and management, and the State of Florida Office of the Auditor General. However, this report is a matter of public record and its distribution is not limited. $~, cA~..~ Schultz, Chaipel & Co. November 14, 1996 17 ~_<l"<!''"<V-1F 1 6G 3 MEMORANDUM Misc. Correspondence Agenda Date_ Agenda Item /1 TO: Sue Filson, Administrative Assistant Board of County Commissioners RECEIVED APR 1 fi 1997 FROM: Derek JOhnssen, General Accountlng Manager {'It Clerk of the CIrcuit Court/Finance Department Roard of Lo~ntJ (omrni~sione DATE: April 10, 1997 RE: Miscellaneous Correspondence. BCC Agenda Please place the following Items on the next available BCC agenda and call me at extension 8516 with the date and Miscellaneous Correspondonce agenda Item number. Golden Gate Are Control & RooaJe 0lstrIcI Pursuant to Florida Statutes Sec. 189.418, the Golden Gate Fire Control & Rescue District has submitted the following: 1. Special District Public Facilities Report with Map. March 1997 2. Annual local Govemment Flnancial Report & Audit Report for the year ended September 30, 1996. 3. Designation of Registered Agent. March 1997 Thank You. .:\--- " " .",.~: :'" :;7~/17--- I;;: Jr,. q. (:o",o:s To: 1 6G GOLDEN GATE FIRE CONTROL & RESCUE DISTRIC 4741 GOLDEN GATE PARKWAY - NAPLES, FLORIDA 34116-61 (941) 4~2121 -FAX (941) 455-71 SPECIAL DISTRICT FACILITIES REPORt MARCH 24. 1997 The Golden Gate Fire Control & Rescue District currently operates out of two (2) stations. Station 71 is located at 100 13th Street S,W, and is owned by the Fire District. The second station (Station 70) is located at 4741 Golden Gate Parkway. This station was replaced and expanded in a joint venture in 1990 funded by both the Fire District and Collier County to now include a substation for the Collier County Shcriffand Collier County EMS, The County and the Fire District signed a lease agreement that includes an option to buyout the County and lease space back to them. Station 70 houses the administration offices of the Fire District and includes the inspection offices, The Fire District provides a minimum of three (3) paid personnel 24 hours a day at this station plus an administrative staff currently of three (3). and is assisted overall by twenty-live (25) volunteers and off-duty paid staff, Currently the apparatus assigned to Station 70 includes the follov.;ng: one (I) reserve Class A engine. one (I) quick response rescue truck with fire fighting capabilities. one (I) 3.000 gallon tanker with lire lighting capabilities. one (I) 4x4 brush truck. and one (I) sixty-five ((,5) foot telesquirt Class A engine, Station 71 includes an assigned paid staffoftwo (2) paid persons 24 hours a day. Equipment housed at this station includes the following: two (2) Class A engines. two (2) 6x6 brush trucks. one (I) 4x4 brush truck with CAFS system. and one (I) (,.400 gallon semi-tanker. In the fiscal year of 1995/96 the Golden Gate Fire Control and Rescue District responded to 2l<42 calls for service. This represents an increase of 17.20 percent over the fiscal year of 1994195. The following is a breakdown by percentage of the calls for service: Fires Rescue (includes vehicle accidents and medical calls) Hazardous Conditions Lockout. Unauth, Burn Smoke Scare False. Bomb Scare 12.5% 71.:1% 2YI. 3,0% 5,2% 5.2% Special District Facilities Report Golden Gate Fire Control & Rescue District Pa ge 2 March 24. 1<)<)7 1 6G 3 The Fire District has property set aside for future gro.....th through the G.A.C. Trust Fund, One (I) piece is located near the intersection of Golden Gate Boulevard and Desoto Boulevard. and the second piece is located in the northwest comer area of Everglades Boulevard and 1-75. In addition to the current property set aside. the Fire District has targeted two (2) additional areas to secure property in within the next five (5) years, They include the intersection of Vanderbilt Beach Extension and C.R.lJ51 and the intersection ofC.R. lJ51 and Davis Boulevard area. The Fire District is currently working on a contract for propcr1y in the Davis Boulevard area for closing on in this fiscal year. Due to the rapid increased development occurring and projected for these two areas, some type of facility with a minimum ofrwo (2) ba}'5. three (3) personnel and two (2) vehicles will be needed. Impact fees and increases in ad valorem tax~ win continue to be used to pay for capital growth items plus working with new developers. when possible. to provide facilities and/or equipment. Currently, no facilities are planned for replacement within the next ten (10) years. The Golden Gate Fire Control & Rescue District remains committed to the goal of having a minimum offour (4) personnel at every fire or emergency scene within five (5) minutes of call out. 1 6G GOLDEN GATE FIRE CONTROL & RESCUE DISTAl( 4741 GOLDEN GATE PARKWAY. NAPLES. FLORIOA ~ (813) 455-2121' FAX (813) 455-71 March 3, 1997 Dwight Brock Clerk of the Circuit Court Clerk's Finance Department 2671 Airport Road, Court Plaza III Naples, Florida 34112 Dear Mr. Brock: Attached is a map showing the boundaries of the Golden Gate Fire District (s189.418). Also enclosed is the Designation of Registered Agent information and the updated "Special District Public Facilities Report" for March 1, 1997 (s189.415) as required by Florida Statute to be submitted to the local general purpose government. If you should require any additional information, please feel free to contact me at 455-2121. Sincerely, ,,- '-. '/' ,'" C '( L <",,-L ,-.,;e'-/.,_, '^ C<. C~__ Donald R. Peterson Fire Chief DRP/pm EncloBures :J .:~ . . County of Collier CLERK OF THE CIRCUIT COURT 1 6G COlll!Q coumv COUllTHOln( 3301 IAMIAMI TIlAIl EA.!r P.O. lOX '13004 NAPl.ES, FlOIllOA 339.,.3O<W Ct~CUIT COUJlT COUNTY COURT COUNTY IlECO~DEIl ClEll1C BOARD OF COUNTY COMMISSIONERS Dwight E. Brock Clerk August 27, 1996 Chief Donald Peterson Golden Gale Fire Control & Rescue District 4741 Golden Gate Parkway Naples, FL 34116 :Jear Chief Peterson: Please let this letter serve as written notification that all Special District Required Reports be sent to the following address: Clerk of the Circuit Court Finance Department c/o Dwight E. Brock 2671 Airport Rd, Court Plaza III P,O, Box 413016 Naples, FL 34112.3016 This change will discourage duplication of mailing correspondence to the Clerk of the Circuit Court and the Finance Department. The Finance Department will then file the reports with the Board of County Commissioners and then on to Minutes and Records to be recorded. If you should have any questions please contact the Finance Department at (941) 774.8516. Sincerely, ("""\ I .J -' "1,,' f- I "-1~.....~ /. /.i~~/:"tt JamU L. Mitchell, CIA. CFE. COA Dirllctor of Finance and AccolJnting 1 6G 3 OOLDEN OATE FIR! CONTROL & RIICUI DISTRICT 4741 GOLDEN GATE PARKWAY' NAPLES. FLORIDA 34116-6901 (941) 455-2121' FAX (941) 455-7917 "..tell J 7. J 997 ~uditor CenerAl'a ottiee p.o. BOll 1735 7.11.11....., Florld. 31301-)735 Dear Sir/Madam: The firm of Wentzel, Berry & Alvarez, P.A. recently did a 1995/96 fiscal year audit on the Colden Cate Fire Control , Rescue District. The sudit report v.. received by the rire District on tebru.ary 25. J997. The Jo.~d o! ,j~. COlllllllulantra vllre provid,d COplU of the report for tn,ir .........i_. .lilt t-'" "~l..,, .e_i..i_ _..ti~ ",...>>.- _ ,...~".~ )" 1991. tM ~rd ot riu ('OlMluloUff ...de c "UOll. "'~J~" va. un.nilllou.ly approv.d. to accept the t~~/~' ~uait r-.pqrt .. prosontod. h. . ~.tter Qf f.cQr~1 the 4?l4.~ ~.te r~,. CQ~ttol , '.&4Ue Ol.ttlct lnt.nds to CQ.ply lotHh tt.a liIul.. l)l t.h. lIu4~t.I1" Ceneral Chapter 10.550. tl1U:Uf)fttC "'~H'..t)41fOttff f#0fII CUft~fIt'1 ~eAlf ,~ AfJJl1U There vero no .anaq.~.nt co...nts COt Ctaeal ye.f end tO~O. STATUS OF PRIOR YEAR RECOMMENDATIONS: There vere no Qan~.~nt c~nts for fiscal ye.r end 1995. Sincerely. '/ f-;(-t-'J J;! /I~~ Robe~t M. Mast. Chairman Board of Fire Commissioners RMM/pm . :l '-J :'-':-; .-;.-. :..v ~, :'.. . .. '... 1 6G 3 ." - Jl - )> -n -n (/) -i Z "U ~ :1-i 11 z :l>~ lilG') "T1::P 0 ~i[ 3 in III C m III ~ ~ro III Q,""-l ~o ::0 0 n x Z iD 3 ~ "Q. Q,~ ..- u;Z s: ~ - c ~ VI oll> 01'" no. "2 ~ ::l 0 1::l m 0 lD ..lD (')Z ;? c: ::T :J ". ....VI .VI tfi -:J 0 r! 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VI -Q. ~ ~~ ~ ',0.'"...__'"__.".___..,_...."'_"""""_"__"""'__.__.-......,"'__~"'___...,.-- 1 6G 3' FUND CROUP REVENUES AND EXPENDITURES/EXPENSES 19'>5-96 REPORTING ENTITY: Golden Gate Fire Control ID NUMBER: 198 & Rescue District REPORTING FUND GROUP: General Fund REVENUES AND OTHER CREDITS (3//,000 TllROUGl/390.000) Whole Dollars Only Account No, Description ~ 311 .000 ~~~. ~~~ ~~l_ ,9.~O_ ~~~. 9.~0_ ~~~. ~~O_ Ad Valorem Taxes Services-Public Safety-Fire Protection Interest Earninqs Contributions & Donations From Private Other Miscellaneous RevenuesSrcs 1.021.138 100.542 35,814 155 2,129 TOTAL HEVEKUES AND OTIIER CREDITS Duplicate this page if additional tines are needed. FORM DBF-AA-40J (Rev. 10/9/96) 1.159,778 1 6G FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTlTy:Golden Gate Fire ID NUMBER: 198 Control & Rescue District REPORTING FUND GROUP: General Fund EXPENDITURES AND OTHER DEBITS (51/ THROUGH 592) Whole Dalla rs Onl)' ~ccounl No. .Q..bJttt Description A.IMu.n.1 522 522 522 ~~2_ 10 30 60 70 Personal Services Operatinq Expenses Capital Outlay Debt Service 805,078 216,934 59,633 31. 515 TOTAL EXPENDITURES AND OTHER DEIlITS Duplicate this page if additional lines are need,:d FORM DI3F-AA-40J (Rev. 10/9/96) 2 1 , 113, 160 1 6G 3 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-% REPORTING ENTITY:Golden Gate fire Control 10 NUMBER: 198 & Rescue District REPORTfNG FUND GROUP: Special Revenue Fund REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Whole Dollars Only Atu.un.t.1il!.. Dt~criplion Amm1.n1 361 .000 363. '220- Interest Earnings Impact Fees - Public Safety 37,641 221, 626 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are nctded. FORM DBF-AA-403 (Rev, 10/9/96) 259,267 1 6G 3 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY:Go1den Gate Fire ID NUMBER: 198 Control & Rescue Dlstrict REPORTING FUND GROUP: Special Revenue Funds EXPENDITURES AND OTIIER DEBITS (511 THROUGH 592) Whole Dollars Onl~' Account No. Q..I.tifi1 llescription Am.luill1 522 522 60 70 Capital Outlay Debt Service 161,527 22,879 TOTAL EXPENDITURES AND OTHER DEIlITS Duplicate this page if additional lines are needed FORM DBF-AA-403 (Rev. 10/9/96) 2 184,406 1 6G 3 GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30. 1996 ,_ ~"~'M,,._,,,_,_,,,,,,,,,,,,_,,,,,,,,,,,,,,_..,,,,,,,_,",,,,,,,~,,'6.""~"'~'"''..__e',.,,",,,,.,,, ".,."""..".,,,_~_,.,..H~'"'~"""""""'''''''''''''_'''~__''~''_'''''' ~_9LQJ;:lLG1~JJ;J:.!.RE CONTROL AND R~J;Q~~TRICT 1 6G 3 TA~L_E OF CONTEJj]'~ SEPTEMBER 30,1996 PAGE INDEPENDENT ACCOUNTANTS' REPORT PART I. GENERAL PURPOSE FINANCIAL STATEMENTS Combined Balance Sheet. All Fund Types and Account Groups 2 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types 3 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual. All Governmental Fund Types 4 Notes to General Purpose Financial Statements 5 PART II. OTHER REPORTS Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards 14 Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards 15 Management Letter 16 . ..~ ., ;~ '\ .' ., p oY '1 " . I ~ ;' 1 6G <VVentut, !Be't't!J & d!lc;au:z, ~ 'WIlT." t: '1I~"'I<f. .1.,. '.L'I"",,(J .1.', !.t3.....,. r.:'.J-~. ~Q"4 dlfchULI q1~"f~~J .:N..t/,,,,, .::4. ~du,... C INDEPENDENT ACCOUNTANTS' REPO.RT :1(1"'&..(., dI, C(.......". , 'j).&~",J; .1.', cJ{"""H' C~ ":'''';~''.l( 1.', ~\"t.", ("~I--'...:" December 13, 1996 Board of Commissioners GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT Naples. Florida We have audited the accompanying general purpose financial statements of GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT. as of and for the year ended September 30. 1996. as listed in table of contents, These general purpose financial statements are the responsibility of GOLDEN G.Il FIRE CONTROL AND RESCUE DISTRICT'S management, Our responsibility is to express an opini on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards. issued by the Comptroller General of the United States, Those standards requil that we plan and perform the audit to obtain reasonable assurance about whether the general purpo financial statements are free of material misstatement. An audit includes examining. on a test basis. evidence supporting the amounts and disclosures in the general purpose financial statements, An a also includes assessing the accounting principles used and significant estimates made by managem as well as evaluating the overall general purpose financial statement presentation. We believe that c audit provides a reasonable basis for our opi"ion, In our opinion. the general purpose financial statements referred to above present fairly. in all materi respects, the financial position of the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT. al September 30, 1996, and the results of its operations for the year ended in conformity with generally accepted accounting principles, In accordance with Government Auditing Standards, we have also issued a report dated December' 1996 on our consid"lration of the District'5 internal control structure and a report dated December 13, 1996 on its compliance with laws and regulations. ;)iM/ ~ fa;~~1?4 WENT~L~ ~ERRY & ALVAREZ, P.A. Certified Public Accountants . 1 . ~I'#-[..,. -"",,,,.,,:..,,, ~f,tlli'.,,~ ,., f..~".I,..J ~"'..J.t.: .-'..'......,..."'. ')(..".J.. ~f"I,.,..h .., f.'",./...J ~"..{.{.~ _..(~~......f'''''I, ,~'''-.I..~..-I !,L'I,;...." ~:.....#t.."i'l :,.'11..~'.~. ~\..".J,..., :b..ilJI"~ d-;.iI. ."'3 ~'", .1.."....( D,,", ~.i"< .:;Ya,.(... 9(..tlJ.. !.I4,c8.r!to4 /941/ ,66.t&>o 9". /94'/ ~ ~~'_'''''''''''''''___-''''__.__'_''"'_''''''''''''.'''''''",-,~'''._''r.__''''-'''-'''~_''___.-- l, I.J. 16G ~i' ~..'... ~' J,.' ?i it t t. " -c. ; 1': '-i: ~ I....'. <. " ;, W.';, ~. I PART I. GENERAL PURPOSE FINANCIAL STATEMENT~ " 1 t ~ .. IT ...' ,',; r ~ r i i ~ ~., r t: t t: [ ~.' I, t ~' ~ I; I. ~, f: Z: .' , \ .. .,; ~: ~,t: , 90LDEN GATE FIRE CONTROL AND RESCUE DISTRICT 1 6G COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30.1996 GOVERNMENTAL FUND TYPE~ SPECIAL GENERAL REVENUE ASSETS AND OTHER DEBITS Cash and cash equivalents (Note 2) Receivables Prepaid expenses Fixed assets (Note 3) Amount to be provided for retirement of general long-term debt S 543,603 10,577 20,039 o o S 793,196 18,710 o o o Total Assets and Other Debits S 574 219 S 811906 LIABILITIES. FUND EQUITY AND OTHER CREDITS Liabilities: Accounts payable Accrued liabilities (Note 4) Compensated absences Obligation under capital leases (Note 5) $ 53,385 S 69,730 33,267 0 0 0 0 0 86,652 69.730 0 0 0 742,176 487.567 0 487,567 742.176 S 574 219 ~811906 Total Liabilities Fund Equity and Other Credits: Investment in general fixed assets Fund Balance: Reserved Unreserved Total Fund Equity Total Liabilities, Fund Equity and Other Credits ,)~ f " ~ , 'I t: t J .. ~ ; f ~ ~. " L f j, ~' c: f r , t > \ l loG 3 " ACCOUNT GROUPS GENERAL GENERAL FIXED LONG.TERM ASSETS ~~ TOTAL (MEMORANDUM ONLY) s 0 o o 2,153,743 o s 0 o o o 469J 38 S 1,336,799 29,287 20,039 2.153,743 469 138 r ~ [ r: r [ . , I' , l ~ \-0 ~ ~ i- ~ t,. ~r ;i. C ,/0 ~f 153,74~ i1~9 138 ~ 4 009 006 f' ~ s 0 S 0 S 123.115 0 0 33,267 0 57,682 57,682 0 411.456 411.456 0 469 138 625,520 2,153,743 0 2.153,743 0 0 742,176 0 0 ---1.8 7,567 2,153.743 0 3,383,486 ~2 153,7<Q ~9,13e. i1.009.QQ2 The accompanying notes are an integral part of these general purpose financial statement .2. GOLDEN GATE FIRE CONTROL AND RE~CUE D~..I I > t f t i- f r ! l 1 6G COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES. ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30,1996 ;,' GOVERNMENTAL FUND TYPES SPECIAL GENERAL REVENUE TOTAL (MEMORANDUI ONLY) Revenues: Ad valorem and county taxes Fees Interest Miscellaneous $1,109.538 12,142 35,814 2,284 $ 0 221,626 37,641 o $1,109,538 233,768 73.455 2284 I , ,. I I t ~ Total Revenues 1 159,778 259,267 1.419045 ." Expenditures: Current Pubic safety: Employee costs Outside services Materials and supplies Capital outlay Debt service: Principal retirement Interest and fiscal charges I;" ~. t, (. ~ l' !' Total Expenditures 805,078 0 805,078 156,730 0 156,730 60,204 0 60.204 59.633 161,527 221,160 29,774 21,986 51.760 1,741 893 2,634 1,113,160 184,406 1,297,566 46,618 74,861 121,479 0 0 0 f. t ~ I ~ r ~ V f ~ Excess of revenues over expenditures Other financing sources (uses) Excess of revenues and other financing sources over expenditures and other financing uses 46,618 74,861 121.475 Fund Balance, September 30.1996 440,949 667.315 S 487,561. ~ 742 176 1 108 26~ Fund Balance, September 30,1995 S 122974: The accompanying notes are an integral part of these general purpose financial statements .3- iIl____"_..,....,..."."'__"......_..____..."__,,_"'.,'_.''''''.~__,.~.___''''''_........,,~- 16G 3 COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES. BUDGET AND ACTUAL. ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30.1996 ~OLDEN GATE FIRE CONTROL AND RESCUE DISTRICT Total Revenues GENERAL FUND VARIANCE FAVORABLE BUDGET ACTUAL (~..Q.M.ID, S1,152.417 S1,109,538 S (42,879) 8,000 12,142 4,142 12,500 35,814 23,314 300 2,284 1984 1,173 217 1.159.778 (13,439) Revenues: Ad valorem and county taxes Fees Interest Miscellaneous ~ Expenditures Current Public safety: Employee costs Outside services Materials and supplies Reserves Capital outlay Debt service: Principal retirement Irlterest and fiscal charges I " , ~ t I, I Total Expenditures 821,968 805,078 16,890 203,500 156,730 46,770 67,700 60,204 7,496 421,397 0 421,397 81,050 59,633 21,417 26,565 2\1,774 (3,209) 0 1,741 (1,741) 1.622,180 1,113,160 509,020 (448,963) 46,618 495,581 0 0 0 ~448 963) 46,618 S 495 581 440,949 s 487 561. Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses) , l i ~ t i i : Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses .~ "' Fund Balanc9, September 30. 1995 Fund Balance, September 30. 1996 1 6G SPECIAL REVENUE FUND VARIANCE FAVORABLE BUDGET ACTUAL (UNFAVORABLE) S 0 S 0 S 0 155,000 221,626 66,626 0 37,641 37,641 0 0 0 , I 155,000 259,267 104,267 , 1 j .~ l 0 0 0 .~ 0 0 0 .. 0 0 0 23,821 0 23,821 208,322 161,527 46,795 22,857 21,986 971 0 893 (893) , 255,000 184 .406 70,594 (100,000) 74,861 174,861 0 0 0 i, ~ (100 000l 74,861 667,315 S 174 861 S 742 1?2 The accompanying notes are an integral part of these general purpose financial statement! . 4. ~ _Q.9J.Jlf:.N_QA 'LE FIRf,:_<;:'9J~tT8...0L.AND-FESCUE Q1S..IBlY.l 1 6G ":l "" NOTES TO GENERAL PURPOSE FINANCIAL STATl;MENTS SEPT!;.MBER 30.1996 NOTE 1 _ REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTinG POLICIES Rcportinq Entity GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT (the District) is a local governmental unit created by the Florida State Legislature to provide fire and rescue service to a certain prescribed area in Collier County, Florida, and is an independent special district authorized and existing under Florida enabling statute chapter 87-498. The District is operated by a three-person bO:lrd of commissioners, The General and Special Revenue Funds and account groups include all of the operations and activities relevant to the District In evaluating the District as a reporting entity, potential component units (traditionally separate reportin',j entities), which mayor may not fall within the District's general purpose financial statements. have been addressed. The basic criterion for including a component unit within the District's reporting entity i~ the exercise of oversight responsibility by the District's Commissioners, Factors other than oversight which may significantly influence the entity relationship, are Scope of Public Service and Special Financing Relationship There were no entities that required inclusion as a component unit within the District's general purpose financial statements, Additionally, there were no entities, for which there were positive responses to specifiC criteria used for establishing oversight responsibility that were excluded from the District's general purpose financial statements, j i ~ J ~ . " 1 i , I The specific criteria used by the District for establishing oversight responsibility are as follows - Manifestations of Oversight Responsibility: Selection of Governing Authority; Designation of Management; and Ability to Significantly Influence Operations. - Accountability for Fiscal Matters: Budgetary Authority; SurpluslDeficit; Responsibility of Debt; Fiscal Management; and Revenue Characteristics, fund Accounting The accounts of the District are organized on the basis of funds and account groups, each of which i! conl;idered a separate accounting entity, The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets. liabilities. fund balances. revenues. and expenditures, Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. The follOWing fund types and account groups are used by the District: , " :. ~ - 5 - I 90LDEN GATE FIRE CONTROL AND Rj;SCUE DI~TRI<;..I 1 6G 3 NOTES TO GENERAL PURPOSE;FINANCIAL STATEMENTS SEPTEMBER. 3.Q, 1996 NOTE 1 _ REPORTING ENTITl' AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continuecl) Governmental Fl!.[ld Ty.!1ll General Fund _ The General Fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund Special Revenue Fund - The Special Revenue Fund is used to account for impact fees required to be used for future capital outlays in response to growth of the community, Account Groups General Fixed Assets Account Group - The General Fixed Assets Account Group accounts for fixed assets used in the District's operations, All fixed assets are valued at historical cost or estimated historical cost if actu..1 historical cost is not available. Donated fixed assets are valuec at estimated fair value on the date donated. The District does not have any infrastructure, No depreciation has been provided on general fixed assets, Lona- Term Debt Account Group - The Long-Term Debt Account Group accounts for long-terrr liabilities expected to be financed by the District. Basis of Accountin!:l The General and Special Revenue funds use the modified accrual basis of accounting, Revenues ar recognized when they become measurable and available as net current assets, Revenues are recorded as received except for revenues susceptible to accrual and revenues of a material amount that have not been received at the normal time of receipt. Revenues that are susceptible to accrual are ad valorem taxes, impact fees and interest. Expenditures are recorded when the liability is incurred, if measurable, except that: , ~ 1 a) Disbursements for supplies inventory are considered expenditures at the time of purchase: b) Interest on long-term debt is not accrued. but recorded as an expenditure when due, - 6- GOLDEN GATE FIRE CONTR9L AND RESCUE DISTRICT NOTES TO GENERAL PURpOSE FINANCIAL STATEMENT!i SEPTE;MBER 30. 1996 1 6G NOTE 1 _ REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Budcetarv Process The budget and amendments, if any, are approved by the Commissioners. The budget is prepared on the cash basis which is considered not to be materially different from the modified accrual basis in accordance with generally accepted accounting principles, The annual budget serves as the legal authorization for expenditures, Expenditures cannot legally exceed the total amount budgeted, All budget amendments. which change the legally adopted total appropriation, are approved by the Commissioners. Encumbrances Encumbrance accounting under which purchase orders and other commitments for expenditures of monies are recorded is not employed by the District and thus no amount has been included in these general purpose financial statements for encumbrances. Combined Statement of Revenues. Expenditures and Chances in Fund Balances. Budaet and Actual - All Governmental Fund Tvpes The budget column of this statement is prepared from the District's adopted annual budget, as amended during the year, which reflects budgeted revenues and expenditures in total for all governmental fund types on a cash basis which is comparable to the modified cash basis of accounting for the year ended September 3D, 1990. Appropriations lapse at year end, Property Tax Calendar The calendar is composed of the following dates: 1, Lien date 2, Levy date 3. Due date 4, Collection dates - 3rd week in May July 1 - March 31 November through March Taxes and Fees Receivable No allowance for losses on uncollectible accounts has been recorded since the District considers all amounts to be fully collectible. -7 - i I ~OLDEf,1 GATE FIRE CONTROL AND RESCUE DISTRICT 1 6G 3 NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 NOTE 1 . REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES IContinued) Compensated Absences The District's employees earn vacation which may either be taken or accumulated, up to certain amounts, until paid upon retirement or termination Unused sick leave accumulates and is subject to a reduction if paid in cash upon retirement or termination The liability for compensated absences renects amounts attributable to employee services already rendered on a cumulative basis which is probable for payment The liability for accumulated vacation and sick leave is renected in the long-term debt account group since the liability is not expected to be expended within the next year. Total Column on the Combined Balance Sheet and the Combined Statement of Revenues, Expenditures and ChanQes in Fund Balances The total column on each combined general purpose financial statement is captioned "MEMORANDUM ONLY" to indicate that it is presented only to facilitate financial analysis, Data in this column does not present financial position or results of operations in conformity with generally accepted accounting principles, and such data is not comparable to a consolidation, Investments Investments are stated at cost, which approximates market value, Florida Statutes allow the District to invest surplus funds in: a) the State operated Local Government Surplus Funds Trust Fund: b) securities guaranteed by the U.S, Government or agencies of the U,S, Government; or c) interest bearing time deposits or savings accounts in banks and savings and loans organize under State laws or doing business in and situated in the State, provided collateral requirements are met. RislLManaQement It is troe policy of the District to purchase commercial insurance for the risks of losses to which it is exposed The Cistrict's risk management activities are reported in the general fund, No accrual ha! been provided for claims and incidents not reported to the insurer, Claims made have not exceede( the insurance coverage for the current year. . 6. I I GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT 1 6G 3 NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30. 1996 NOTE 2. CASH AND CASH EQUIVALENTS Cash and cash equivalents held at September 30,1996 consisted of the following: GENERAL FUND SPECIAL REVENUE FUND State Board Investments Account Demand Deposits Petty Cash S 543,211 292 100 $ 698,059 95,137 o S 543603 S 793196 All deposits are entirely insured by Federal Depository Insurance and a multiple financial institution collection pool required by Sections 280,07 and 280,08 Florida Statutes, NOTE 3 . CHANGES IN GENERAL FIXED ASSETS ACCOUNT GROU~ A summary of changes in the general fixed assets account group is as follows: BALANCE BALANCE SEPT. 30, SEPT. 30, 1995 ADDITIONS DELETIONS 1996 Land S 15,000 S 0 S 0 5 15.000 Building 156,356 0 0 156.356 Fire equipment 144,595 7,691 0 152.486 Equipment 126,042 32,669 0 158,711 Autos and trucks 760,991 1 BO,600 0 941,591 Equipment under capital lease 164,776 0 0 164,776 Building under capital lease 564,823 0 0 564 823 Total ll932 583 ~ 221 160 5 0 52153743 .9. . " . , . ; ~~ .; '. , . .' ' '. I f fl.r r . . ...t.- 1. .'! '. .1 . ' ~ " 1ft ;,:., . I ~ . , ' ., " . l' . '" .. I ~Q'=DEr:!JzATE FIRE,j:ONTROL AND RESCUE DISTRICT ~QTES~Q_G_Ettl;J3.AL_PURPQSE; FINANCIAL STATEMENTS 1 6G 3 SEPTEMBER 30.1996 tiOTE 4 . ACCRUED LIABILITIES Accrued liabilities at September 30, 1996, were comprised of the following: Accrued wages payable Payroll taxes payable Retirement contribution payable S 24.666 1.838 6,543 5 33267 NOTE5.GENERALlONG~ERMDEBTACCOUNTGROUP Lease Obliaatlons The District is committed to various capital leases, Capital leases are generally defined as leases which transfer benefits and risks of ownership to the lessee, The cost of equipment and building acquired under capitalized leases is reflected in the general fixed assets account group (Note 3), The District and Collier County have a lease agreement for the facility previously constructed by Collier County to be shared by the District. the Sheriffs Department and Emergency Medical Services, Based on the lease agreement, the lease has been recorded as a capital lease in the accompanying general purpose financial statements, Following is a schedule of the present value of net future minimum payments on capital leases as of September 30, 1996: YEAR ENDED SEPTEMBER 30, 1997 1998 1999 2000 2001 Thereafter S 16,794 16.794 16,794 16,794 16. ;94 327 486 Present value of net minimum lease payment (0) S4114i2 Less: Amount representing interest .10. yOLDEN GATE FIRE CQ!:iT.BQl,.. AN.D RESCUE DISTRIC..I NOTES TO GENERAL PURPPSE FINANCIAL STATEMENTS 1 6G 3 SEPTEMBER 30, 19~.2 NOTE 5 _ GE;:N.~RAL LONG-TERM DEBT ACCOU..NLGitQ1JP (Continuedl A summary 01 changes in general long-term account group is as follows: BALANCE BALANCe SEPT,30, SEPT. 30, 1995 ~DITION~ PAYMENTS 1996 Compensated absences S 56,714 S 5.919 S (4.951) S 57.682 Capitalized leases. equipment 30.014 1 (30.015) 0 Capitalized leases - building 428 250 0 (16,794) 411,456 ~ 514978 5 5920 ~ (51 7601 ~ 469 136 NOTE 6 _ PENSION PLAN OBLIGATIONS All paid District employees are participants in the Florida Retirement System (System). a defined benefit non-contributory multiple-employer public retirement system, which is controlled by the State Legislature and administered by the State 01 Florida, Department 01 Administration. Division of Retirement. The plan covers a total of approximately 684,000 employees of various governmental units within the State of Florida, The System provides lor vesting of benefits <liter 10 years of creditable service, Normal retirement benefits are available to employees who retire at or alter age 62 with 10 or more years of service. Early retirement is available alter 10 years of service with a 5% reduction of benefits for each year prior to the normal retirement age. Retirement benefits are based upon age. average compensatiol and years-ol-service credit, where average compensation is computed as the average of an individual's five highest years 01 earnings, Participating employer contributions are based upon State-wide rates established by the State of Florida. These rates are applied to employee salaries as follows: regular employees. 17.75% anc special risk employees _ 27,62%. On January 1, 1996, rates changed to 17,66% (regular) and 27,50% (special risk), On July 1. 1996. rates changed to 17,43% (regular) and 27,10% (special ris The funding policy provides lor monthly employer contributions at actuarially determined rates that determined using the entry age actuarial funding method, The District's contribution to the plan for the year ended September 30,1996 was 5139,666 and ~ paid by the due date lor the contribution This represents approximately 27% of the DIstrict's cove payroll of 5517,372 The total payroll lor fiscal 1996 was 5519,172, In addition, the District's contribution to the plan for fiscal 1995 and 1994 was 5132,658 and 5136,780 paid by the required due date lor the contribution. . 11 - .. ..."..."-;"'.,.....-------_......~~.---~,"'""~""";.."''''''.,''",.,''. '~ 90LDEN GA]J;.,FIRE CONJ-RQ.b.AND RESCUE Q]~.I!3.Lc::J: i NOTES TO GJ;:lJERAL-1:'URP.9~~BtJANCIAL STATEMENTS 11 bG ':; SEPTE~BER 3QLJ 992, I I 1 NOTE 6 - PENSION PLAN OBLIGATIONS (ContinueQ} 1\ .... dol The pension benefit obligation for the System as a whole, determined through an actu~nal valuation was $47,3 billion at June 30, 1995, the date of the most recent actuarial report, The p:!port also indicates that the System had total net assets available for benefits of approximately $45.2 billion at that date resulting in an unfunded pension obligation of 52.1 billion. The total unfundFd liability IS being amortized over varying periods not to exceed 30 years. The pension benefit obligation which i~ the actuarial present value of credited prospected benefits, is a standardized disclosure measure of the present value of plan benefits. adjusted for the effects of projected salary increases and step-rate benefits estimated to be payable in the futlJre as a result of employee service to date A variety of significant actuarial assumptions are used to determine the standardized measure of the pension benefit obligation and these assumptions are summarized below: a) a rate of return on the investment of present and future assets of 8 percent per year compoundec annually; b) projected salary increases of 5.5 percent per year compounded annually. attributable to inflation; c) additional projected salary increases of 2,0 percent per year attributable to senoritylmerit: and d) a post-retirement benefit increase of 3 percent per year. The measure is intended to help users assess the System's funding status on a going concern basis assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among retirement systems and among employers, The System does not make separa' measure of assets and pension benefit obligations for individual employers, Significant assumptions used to compute pension contribution requirements are the same as those used to determine the standardized measure of the pension obligation, Ten-year historical trend information showing the System's progress in accumulating sufficient asset to pay benefits when due and other pertinent factors are presented in the System's June 30, 1995 Comprehensive Annual Financial Report issued by the State of Florida Division of Retirement. NOTE 7 . POST EMPLOYMENT BENEFITS The District provides a former fire chief with health and life insurance, The District provides this non-contributory benefit as part of the former fire chiefs contract. The District considers this as a pay-as.you-go plan. The District is obligated to pay tor these benefits lIntil death The total health and life insurance premiums paid by the District under this arrangement was 51,994 in fiscal year 1996, ,011 - 12- 1 6G 3 PART II. OTHER REPORTS 1 6G <VVentuf, !Ben!:} & cIICr.Jauz, <J '11'i{(,lI F '11',ntu(, ,'.1, , 1.L"~"f..rJ 1', l.~n t.'l. (~J-'\_ 'L"i4UW _-Irt'IHI.~ 'U~~/lIf "\',,/h,m _"'/. ~"'hJ(i,.., ('~ ~J;i,"(.t.,rl/ __+/, ('(UI.lUrt. ~ 1.1.-"I.I:~',u.J; 1'. ,--4UH'r.~. (~ ..SJ;n1', 1', ~/-\4"" ('~I-"_~ INDEPENDENT ACCOUNTANTS' REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS December 13,1996 Board Of Commissioners Golden Gate Fire Control And Rescue District Naples, Florida We have audited the general purpose financial statements of the Golden Gate Fire Control And Rescue District (the "District"), as of and for the year ended September 30, 1996 and have issued ou report thereon dated December 13, 1996 We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States, Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the gener, purpose financial statements are free of r-atenal misstatement The District's management is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accorcance with generally accepted accounting principles Because of inherent limitations in any internal control structure. errors or irregularities may nevertheless occur and not be detected. Also, projection of an: eVil!uation of the structure to future periOdS is subject to the risk that procedures may become inajequate because of changes in conditions or that the effectiveness of the design and cp:ra,,:)n 0 policies and procedures may deteriorate. In planning and performing our audit of the general purpose financial statements of the District for tn year ended Sep~ember 30. 1996, we obtained an understanding of the internal control struc:ure \V, respect to the internal control structure, we obtained an understanding of the deSign of rel:vant 11,...,-,,, ..~,,', ',,,' :'.",,,,.1, ,'j I. .,./,,,1 ,'..U. .j. .,,,.,, ,.,1, ',"I",..J.. ~f."",..;. ~,~/.:""...I "',.f./, _-4-'.....,,,..,,,. ,." ,'.. .4 :'~,..-..,. '......"...".. ....,.f. ="\Ht'_',U'! 'L~uil:/lt!."/ .=.'"uitl :":~':~ ~...'.." J....HJU( L\.J.' ~Dl(l"L ..; \~./J{LJ. ~JI:.tl\Ju ;4J1..'S-;!'It'>,J 11J4,j ~l't'I.J(\.." ':'~.. /.)J'/ Golden Gate Fire Control And Rescue District December 13, 1996 Page 2 1 l policies and procedllres and whether they have been placed in operatton, and we assessed control risk In order to determine our auditing procedures lor the purpose of expressing our opinion on the general purpose financial statements and nol to provide an opinion on the internal control structur~ Accordingly. we do not express such an opif1lon Our consideration of the internal control structllre would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Cenified Public flccountants A milterial weakness is a condition in which the design or operation of one or more of the internal control structure elements does net reduce to a relatively low level the risk that errors and irregularities in amounts that would be material in relalion I the general purpose financial stalements being audited may occur and not be detected within a time period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and ItS operation that we consider to be material weaknesses as defined above. This repon is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District. and the Auditor General of the State of Florida. is a matter of public record. I~~ ~;[ ~ uewvy// /?IJ . WENTZEL, 8ER~Y & ALVAREZ, PA Certified Public Accountants .14. 1 rw.mtut, :Bn'ttj 5, cI![<.1au.z, 'll~.a~!I ~', 'If,.'ful, ,:/1 .1....,..".d.J J..', './:3'1 t't. I_'~j 'J...'\;""It.4 _-I(....H6Z 'J1~,,,~ ~ I:.'h..,. _-I :.Y,;{(.PL ~J(,ml:,"" _-I 1.."l~utl"l. 'L'\,I:"I'f~ 1.' _J4..U'I"" ' ,;;.\'I;'''.lf .f. ~#-',..h'" {:I- INDEPENDENT ACCOUNTANTS' REPORT ON COMPLIANCE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUQITING STANDARDS December 13, 1996 Board Of Commissioners Golden Gate Fire Control And Rescue District Naples, Florida We have audited the general purpose financial statements of the Golden Gate Fire Control And Rescue District (the "District"), as of and for the year ended September 3D, 1996, and have issued report thereon dated December 13, 1996. We conducted our audit in accordance with generally accepted auditing standards and Govemmel Auditing Standards, issued by the Comptroller General of the United States. Those standards req that we plun and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to the District is the responsibi of the District's management. As part of obtaining reasonable assurance about whether the genel purpose financial statements are free of material misstatement. we performed tests of the District'! compliance with certain provisions of laws, regulations, contracts and grants, However, the object of our audit of the general purpose financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion, The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. This report i5 intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. ThiS restriction is not intended to limit the di;lribution of this report which, upon acceptance by the Board of Commissioners of the Distnct. a the Audilor General of the State of Florida. is a matter of public record. j~/~ f t1iMn,,; j! ff . WENTZEL, BERR-f & ALVAREZ, P A. Certified Public Accountants fI....I.., 4.."" .... :.".,....,. .,j ""'.,',..1 ;'....f./, ~ ',_'ot..,." '.'t.....I.. - 15 - I"...t.." ..,/,,',/...1 :"""';..-4 .,...d....... 1 ~ ,'.. ~-I ~/\,....t. 1..._"....... ~.' .;.,'l..r'_',i1,' ~u;(Ji.'t:1 .:..,'uitl. 3...':i s..., .L'"~u{ t!..'f" 'L'\,il.'.( .; \,,,,p/~I. \)/~";,,J.... $,.J,..'~'.~./tI.J /WIJ ~.,~,.. ~''''' IIJ .,_......=<".,'_.M"",',__....~..,.,"_,""_...,'",.,..,."_._,,..,,_,""'",..",_..,,....,'"'.'.,~""c,.....;,J< ".'*h""'."..",_"_",~""",'"_""""__,_"__,,---_,,,,_,_,,,---,,,,,,,,,_~ 1. t <'WEntZEl, :BEn:; Er df.{uau:z, MAN~'yEMENT [J;TTER '11',[[,11 -!" 'lI~.",,1. ,'j, '.L"\..........JJ 1..' ~L:-lI:1\.l/. (~I IL\i~'h~ _...ff~"4tU 'lJ~"tz .; \'.jt~~4': _-I :}-""4~'a;'ps. j December 13, 1996 ~1(i.<'tfL:L\/~ _-I I.J:.uu,,,_ 1J..,'t.l:..\.,h 1.' _ljut"l", ~ ~\ht'tl14 1.'. :/.\~..1. I... ~I-' Board of Commissioners Golden Gate Fire Conlrol and Rescue District Naples, Florida Commissioners: This letter is in regard to the accountants' report on Internal control and is prepared in accordance ... the Rules of the Auditors General Chapter 10.550, The financial report filed with the Department of Banking and Finance pursuant to Section 21832, Florida Statutes, has not been filed as of the datE of this letter. The District will prepare the financial report and it will be in agreement with the annual financial audit report for the period ended September 30, 1996. I. RECOMMENDATIONS FROM CURRENT YEAR'S AUDIT: There were no reportable conditions identified for fIscal 1996, II. DISTRICT'S ABILITY TO CONTINUE During our audit of the general purpose financial statements of GOLDEN GATE FIRE CONTROL A RESCUE DISTRICT, as of and for the year ended September 30,1996, nothing came to our attent that lead us to believe that the District is in a state of financial emergency as defined in the Rllles 01 the Auditor General Chapter 10.550. This report is intended for the information of management and the Board or Commissioners of the District. and should not be used for any other purpose, This restriction is not intended to limit the distributior1 of this report which, upon acceptance by the Board of Com~ ~sioners ot the District. an the Auditor General of the State of Florida, is a maller of public record, .16. _ (I. ...1'0' I . '""...." ...... ~I",t't..l. .., I.', d.'..J ,.,'..,.". _...,. ......"..../,. ,.-,,;.t,J., ~/., ",1..1. ,_, I . ./,/...1 ~,l..J.J.. _ oJ. '......,.....", ~ II .,' ~ _ ~ """""'" ,_ .._,......... " \....1 .::.\..,,':7'1111 '.t3~tfJi"~ ~~.iI~ _l.f'\.'~ ........., l."Hncl' ..:.'u' ~'il't .= \'upftJ. 9r...,,../.. _'4.I'.."i~...'.~'lt\I I&>JI/ ~t'C-,('..,.. 9,.u IcN'j _______.......-......"""...._".__"...',........._",...,._.~,,_"""""_...,""_,,"y.<,'"""""_,____IilII'""'" 1111/ Golden Gale Fire Control and Rescue District December 13, 1996 Page 2 1 6G 3 We wish to express our appreciation for the cooperation and courtesy extended to us by the employees of the District during our engagement. Should you have any further questions as to this letter, please feel free to call us, Very truly yours, f1/~~~/~I{~;?IJ. WENTZEL, BER~Y & ALVAReZ, PA Certified Public Accountants .17 - .' 1 6G 3 GOLDEN GATE FIRE CONTROL & RESCUE DISTR 4741 GOLDEN GATE PAR~AY. NAPLES. FLORIDA :3 (613)455.2121. FAX (613)455' March 3,1997 Dwight E. Brock Clerk ot the Circuit Court Clerk's Finance Department 2671 Airport Road, Court Plaza III Naples, Florida 34112 Dear Mr. Brock: This is to advise you that I, Donald R. Peterson, am still the Registered Agent for the Golden Gate Fire District and have been since 7/31/90. A copy of the "Designation of Registered Agent" form filed with the Department of Community Affairs is attached. Sincerely, /' , ( ( r ~ ,,/;/ ';,,:~:;C-_..J-!.., ' /- .il- G -----" Donald R. Peterson Fire Chief DRP!pm Attachment ~ 1 6G 3 Golden Gate fir.e Control and Rescue Di~trict ----.----------:-:;13t~::~:-~~-1 DE5!G:':,:\,TIO,; OF P.EGIS,E;;.ED l>.GE:;7 Golden Gate fire Control and Rescue District \ J12 tr 1 ct ~;a:-,e) pu~suant tc C~a?tc: 189.CO" rlo~ica Statutes, he~eby ces:gnates as the regi5tered o::ice as its recis':.p.red or demand required or- ?er~itt~ 4741 Golden Gate Parklolay, NaplE (Street hdc:re5s) of the salc Cist~ict. Donald R. Peterson agent upon wno~ any proce~s, notice by law may be served ana G~sisnates This cesig~aticn s~all be filed with t~e Clerk. Circuit Court in the County or Cour.ties in which the District is located and the State Depart~ent 0: Veteran and Comnunity Affairs. Golden Gate Fire Control & Rescue (District ~ame) By: /) ~"'~al~:7,ar. Attest: J' ~CCEPTA:-;CE The underslgned hereby accepts the above designation and agrees to sc,rve ir. s..;ch cal:3city as 0: the 31st day of July 1990 Donald R. Peterson Typed or printed r.a~e ~O~R.~ s i ';~.a t o.;:-€ 1 6G 3 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item II TO: Sue Filson, Administrative Assistant Board of County Commlsalonel'1 DATE: Derek Johnssen, General Accountlng Manager 1"1 Cieri< of the Circuit Court/Finance Department April 10, 1997 RECEIVED APR 1 F. 1997 FROM: ":OJrc '.': 1~'..dJ;I~., . (,r.'Ir'ISSI'l....'_....~ RE: Miscellaneous Correspondence - BCC Agenda PIe ase place the !ollowlng Items on the next available BGC agenda and call me at extension 6516 witt the date and Miscellaneous Correspondence agenda item number. ImrnoI<alee Water and Sewlll'Dis1rlct Pursuant to Florida Statutes Sec. 189.418, the Immokalee Water and Sewer District has submitted tho following: 1, 1995-96 Comprehensive Annual Financial Report and Audit Report. 2. Public Facility Report as of March 1, 1997. 3, Information Regarding Outstanding Sends. 4. Management Letter is included in Audit Report, Thank You. n:\..,.cW\~4OC'" '->7c.,fct 1 /~. t:r. ",'~."'h."". ""~ 1II ...,_ ~.... ,_ IMMOKALEE WATER & SEWER DISTRICT 'I, 6G 1020 SANITAl10N ROAD lMMOKALEE. FL 31\ 11\2 TEIEPHOI'If. (91\ 11 658-3630 April I. 1997 Joanne Lerner Control1erlClerk to the Board PO Box 413016 Naptes,FL 33941-3016 Dear Ms Lerner: Enclosed is a copy of our audit for lhe fiscal year ending September 30. 1996, Also enclosed is a cc our Public Facilities Report for the year ending 12/31/96, Information regarding the outstanding bonds is list Page 12 of the Annual Audit. Please contact our office if you have any questions Sinc~.;lY' ~;, ) a!.~., ~ 1- V aJ'D .0 / Administrative Assistant 1 6G ':l .... IMMOKALEE HATER AND SEWER DISTRICT GENERAL PURPOSE FIN~~ STATEMENT~ SEPTEMBER 30. 1996 1 6G 3 T~LE OF CONTENTS PAGE INDEPENDENT AUDITORS' REPORT. . . . . .......... 2-3 GENERAL PURPOSE FINANCIAL STATEMENTS: Balance Sheet . . . . 4-5 Statement of Changes in Fund Equity . 6 7 8 9-16 Ctatement of Revenues and Expenses. Statement of Cash Flows NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS. SUPPLEMENTARY INFORMATION: Schedule of Revenues and Expenses - Actual to Budget. 18 Schedule of Federal Financial Assistance. . . 19 Independent Auditors' and Single Audit Report on Internal Control Stru~ture. . . . . . . . . .. 20-22 Independent Auditors' Report on Compliance With Laws and Regulations Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards . . . . . . . . . .. 23 Independent Auditors' Combined Report on Compliance With General Requirements Applicable to Federal Financial Assistance Progr~ and Specific Requirements Applicable to Major Program Transactions. . . . . . . . 24-26 Report to Management. . . . . 27-28 SPIRES, WALLACE & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 1 6G James W, Spires, Jr. Gary F, Wallace 11734 Kenwood Lane, Suite 49 Fon Mym, Florida 33907 Tele: (941) 9: Fax: (941) 9: INDEPENDENT AUDITORS' REPORT Board of Commissioners Immokalee Water and Sewer District Immokalee, Florida We hav~audited the balance sheet of Immokalee Water and Sewer District as of September 30, 1996, 'and the related statements of revenues and expenses, changes in fund equity and cash flows for the year then ended. These general purpose financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards, Government Auditinq Standards, issued by the Comptroller General of the United States, and the provisions of the Office of Management and Budget Circular A-12B,"Audits of State and Local Governments". Those standards and OMS Circular A-12B require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Immokalee Water and Sewer District as of September 30, 1996, and the results of its operations and cash flows for the year then ended, in conformity with generally accepted accounting principles. Our audit was conducted for the purpose of forming an op~n~or. on the general purpose financial statements of Immokalee Water and Sewer District taken as a whole. The accompanying schedules o~ revenues and expenHes - actual to budget and federal financial, assistance are presented for purposes of additional analysis. and are not required parts of the general purpose financial statements. ." .'""",,,,,-",,,,,^".~-..;...., ,..",......"'."';.".;..."'";-,,._......"--,.,-.,.,.,,...............,,.-.,,.....,.,,,,,,- 1 6G ~ Board of Commissioners Immokalee Water and Sewer District Page two The informAtion in those schedules has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general purpose financial statements taken as a whole. Fort Myers, Florida December 9, 1996 crjAJ~'~ SPIRES, WALLACE AND COMPANY, P.A. ., IMHOKALBR MATER AIm SJnIBR DISTRIC"r BAI..ABC1I: S HBB'1' SEPTEHBBR 30, 1996 1 6G ASSET=i CURRENT ASSETS Cash Accounts receivable, net of allowance for uncollectible accounts of $33,838 Inventory Prepaid expenses and other $ 233 Total current assets 273 29 21 557 RESTRICTED ASSETS Cash Assessments receivable Interest receivable Total restricted assets 1 495 387 50 1 932 PROPERTY, PLANT AND EQUIPMENT LAnd Buildings Improvements other than buildings Machinery 4nd equipment Sewer plant and system Construction in progress Total property, plant and equipment Less: Accumulated depreciation !Iet property, plant and equipment 2 633 76 3 166 563 I 16 015 4 004 26 458 19 406 lL..Q2U $19 542 e Total assets 4 ..~.".."...,. ~"",,'" '_'0"'_'''''''''''''''_'_'"'' '..,.,""'.. ~""__""''''''''''.'.'''' "'.' "', .,~..._."".,"",,,. IKHOXA.LEB WATER AND SBWBR DISTRICT BALANCE SHEET (Continned) SBPTBHBBR 30, 1996 LIABILITIES AND FUND EOUITX LIABILITIES CURRENT LIABILITIES Accounts payable Other accrued expenses Total current liabilitieu CURRENT LIABILITIES (PAYABLE FROM RESTRICTED ASSETS) Accounts payable - construction project Revenue bond principal Accrued revenue bond interest Customer deposits Total current liabilities (payable from restricted assets) LONG-TERM LIABILITIES Revenue Bonds - Series A Revenue Bonds - Series B Revenue Bonds - Series 1985 Revenue Bonds - Series 1989 Revenue Bonds - Series 1990 Revenue Bonds - Series 1996 Total long-term liabilities Total liabilities FUND EQUITY Contributed Capital Customers Farmers Bome Administration Total contributed capital Retained Earnings Reserved for debt service Unreserved Total retained earnings Total fund equity Total liabilities and fund equity The accompanying notes are an integral part of the financial statements. 5 1 6G $ 64 800 16 897 81 697 417 860 105 000 49 351 11S3 634 735 845 2 348 359 585 000 544 969 3 600 000 240 000 4 313 200 lt 631 52~ 12 449 070 1 608 034 2 854 927 4 462 961 431 289 2 199 310 2 630 59~ -LW---.2.2,Q $19 542 630 -~'''''"-_.''''''---_.'-____''''.''.'''''''_~''''.1l''',,__''_~0< 1 6G 3 IHHOJtAI.BB WATER ADD SBWBR DISTRIC'l' STATBMElIT 01" IlBVEJIU"!s ADD BXPBlISBS FOR THE YXAR BNDBD SBPTBMBBR 30, 1996 OPERATING REVENUES , Water service $ 736 220 Sewer service 1 378 855 Heter service charge 139 651 Reconnect and transfer fees 42 715 Total operating revenues 2 297 441 OPERATING EXPENSES Water treatment and distribution 418 820 Waste water treatment 558 905 Waste water collection 294 355 Customer service and administrative 489 632 Depreciation 775 093 Bad debt 5 022 Losa on disposal of aaaeta 7 839 Total operating expenses 2 549 666 Operating loas 1252 225) NONOPERATING REVENUE (EXPENSES) Interest income 72 975 Interest expense (406 288) Other income 47 828 Net nonoperating expenses /285 485) llet loss S (537 710) The accompanying notes are an integral part of the financial atatements. 6 1 6G 3 IMMOULBB WATER AHD SEWER DISTRICT STA'l'EHBHT OF CHARGES IU !'UHD BQUITY !"OR TRB ntM ODBD SBPTBHB.BR 30, 1996 COIlTlUBl1'1'J:1) CAPITAL 7-...-... aoe. Ilet.inod . tu.tomert AdIII.inhtr.tioD I...nincu Total J.AI,AIICES, S.pt.lIlb.r 30, lU5 $ 1 '" IU $ 3 080 255 $ 2 737 302 $ 7 U4 373 K.t 10.. (537 710) (537 710) Depr.ci.tion on ....t. .equir.d "ith eontrLbut.d e.pital ( 122 243) (240 '79) 3'2 922 IlelIlbera hi p. 11 155 11 155 Contribut.d e.pit.l 10 102 15 351 2' 153 Krit.-off ot u"eollaetibla ......ment. (19 1") (89 195) Iloilllbu...a_nt ot .xp.n.. traa bond tund U 085 58 085 1IALAlfCl!:' , '.ptalllb.r 30, 19" $ 1 '08 031- $ 2 854 927 $ 2 530 5U $ 7 093 seo The accompanying notes are an integral part of the financial statements. 7 ". ""-'-""'''-''''.''~'''''",,",,,,..._~~-,--,,,,,.,._,,....,,,,-,._,*,'_'--'',,.''"__...............*'..._,~.,,..,,""'..._..,.H;;__"'...,"_."'..., IMMOltALBB WATER ABD SEWER DISTRICT STATBHBH'l' OP CASH PLOWS FOR 'l'HR YEAR ENDBD SEPTEMBER 30 I 1996 CAsH FLOWS FROM OPERATING ACTIVITIES Operating 1088 Adjustments to reconcile net operating 10.. to net cash provided ,by operating activities Depreciation Write-off of uncollectible .ervice fee. Other nonoperating revenue. Loss on disposal of assets Net (increase) decrease in: Accounts receivable Inventory Prepaid expenses and other Assessments receivable Net increase (decrease) in: Accounts payable Other accrued expenses Customer deposits Net cash provided by operating activities CASH FLOWS FROM INVESTING ACTIVITIES Intere.t received Acquisition and construction of capital ....t. Het cash used in investing activities CASH FLOWS FROM CAPITAL AND RELATED .rI!IANCING ACTIVITIES Issuance of new debt Principal paid on bonds and other obligations Intere.t paid on bonds and other obligation. Lease obligations Capital contributions Write-off of special assessmenta Net cash provided by capital and related financing activities NET INCREASE IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS-OCTOBER I, 1995 (Including restricted cash of $622,024) CASH AND CASH EQUIVALEllTS-SEPTEMBER 30, 1996 (Including restricted CAsh of $1,495,336) The accompanying notes are an integral part of the financial statements. 8 1 6G 3 $ 1252 225) 775 093 5 022 47 828 7 B39 (60 516) 1 56B 777 209 214 405 940 2 759 6 16~ I 149 46B 90 263 (3 993 982) (3 903 71!!) 8 626 400 (4 562 430) (388 906) (19 121) 106 liB (89 196) 3 672 865 918 614 809 762 $ 1 728 376 1 6G ;: -' IKHOULBB WA'l'BR AND SEWER DISTRICT NOTES TO GZNBRAL PURPOSB PIHABCIAL STATEMENTS SEPTEMBER 30, 1996 NOTE 1 - THE ORGANIZATION The Immokalee Water and Sewer District(the "District") was created by an Act of the Florida Legislature on July 5, 1978, for the purpose of providing water and sewer services to Immokalee, an unincorporated area of Collier County, Plorida. The District operates and maintains the water and sewer plants and systems as a special district of the State of Florida. The District is governed by a seven (7) member Board of Commissioners appointed by the Governor of the State of Florida. The Board of Commissioners (the "Board") administers the District, independent from any other local governing body. NOTE 2 - SIGNIFICANT ACCOUNTING POLICIBS e~9is of Accounting The operations of the District are accounted for as an enterprise fund, in the same manner as in a similar private enterprise. Under this method, expenses of providing services to the general public on a continuing basis are expected to be financed or recovered primarily through user charges_ The District uses the accrual basis of accounting_ Revenues are recognized when they are earned and expenses are recognized when they are incurred. Measurement Focus Enterprise funds are accounted for on a "capital maintenance" measurement focus. Accordingly, all assets and liabilities are included on their balance sheets, and the reported fund equities (total reported assets less total reported liabilities) provide an indication of the economic net worth of the funds. Operating statements for an enterprise fund report increases (revenues) and decreases (expenses) in total economic net worth. ~.."h The District considers all highly liquid investments (including restricted assets) with a maturity of three months or less when purchased to be cash equivalents for cash flow statement purposes. 9 IHHOXALBB NATBR AND SBNBR DISTRICT NOTBS TO GBNBRAL PlJRPQSB PINANCIAL S'lATBKIni"l'S SEPTEMBER 30, 1996 1 6G 3 NoTE 2 - SIGNIFICANT ACCOUNTING POLICIBS (Continued) Inventory Inventory ie etated at the lower of coet (firet-in, firet-out method) or market. Proeertv. Plant and Eouiement Property, plant and equipment ie recorded at coet. Contributed property, plant and equipment ie recorded at tair market value on the date ot the contribution. Expenditure. tor maintenance, repairs and minor renewale are expended as incurred. Major renewals and enhancements are capitalized. Depreciation expense is calculated on property, plant and equipment using the straight-line method over the eetimated useful lives of the aesete. The estimated useful lite of the plants, dietribution systems and reservoirs is 40 years. The estimated useful life of all other fixed aseets, except land, ranges from 3 to 40 yeare. Depreciation recognized on aesets acquired or conetructed through contributed capital ie deducted from the appropriate contributed capital accounts eo that retained earnings will not be affected by the depreciation on theee contributed aseete. The costs of assets retired or Bold, together with the related accumulated depreciation are removed from the accountB1 any gain or loss on disposition ie credited or charged to earnings. Intereet expense related to conetructed aseets is capitalized over the period of time the aeset ie being constructed. Contributed Cailili. Grants which are externAlly restricted for capital acquisition or conetruction are reported as contributed capital. Water line extension fees (epecial aS8eesments and impact fees) are dedicated for eyetem expansion and are treated as contributions from custQmerll. 10 DIHO.lt.ALEB WATER AND SEWER DISTRICT NOTES TO GB!IRRAL PURPOSB PIHAHcIAL STATEHENTS SBPTRKBBR 30, 1996 1 6G 3 NOTE 3 - RESTRICTED ASSETS AND RESERVED JUrrAINED BARNIHGS Assets Were restricted for the following purposes: Acquisition of capital asset Debt service Customer deposits Fluoridation Grant $ 804 986 495 933 163 634 30 70~ $1495336 For assets restricted under bond agreements and ordinances, a reserve is established by charging retained earning. in an amount equal to the restricted assets, less any related liabilitie.. At September 30, 1996, the amount reserved for debt service was $431,289. liIOTE 4 - CASe .Ileposi~1 At September 30, 1996, the carrying amounts of the District's deposits was $1,727,626 and the bank balance was $1,733,234. The District's deposits are comprised of cash held in the bank. As an indication of credit risk assumed by the District, deposits held by the District have been categorized a Category.1. Category f1 indicates these deposits were entirely Covered by federal deposi tory insurance or by collateral, pursuant to the Plorida Security for Public Deposits Act (Plorida Statutes Chapter 280). Under this Act, financial institutions qualified as public depositories place with the State Board of Administration Bocurities which have a market value equal to 50' of the average daily balances for each month of all public deposits in excess of any applicable depOllit insurance. The Public Depollit Security Trust Fund has a procedure to allocate and reCOver losse. in the event of a default or insolvency. When public deposits are made in accordance with Chapter 280, no public depositor shall be liable for any 108s thereOf. Florida Statutes require all depositories used by the District to be qualified financial institutiono. All depositories used by the District are institutions designated as qualified depositories by the State Treasurer. 11 IMt<<)KA.LBB WATER A.WD SBWBR DISTRIC'!' IIOT1la TO GlnmRAL PORPOsB PIHA.RCIAL STA.Tmanrrs SBPTEKBBR 30, 1996 1 6G 3 HOTP: 5 ":' LORG-'l'BRH DRBT , ;' The follo~lng is a summary of the changes in long-term debt for the year ended September 30, 1996: Payable at Issuance of Payable at September Long-term September -.30. 1995 Retired Debt 30. 1996 Revenue Bonds Series A. $ 2 578 589 $ 190 230 $ $ 2 388 359 Series B 608 000 10 000 598 000 Seriu 1985 561 969 8 000 553 969 Seri.. 1989 3 678 000 38 000 3 640 000 Series 1990 246 000 3 000 243 000 Capital leases 19 121 19 121 Bond Note 4 313 200 4 313 200 Series 1996 4 313 200 " 313 200 TOTAL $ 7 691 67~ $ 4 581 551 $ 8 626 400 $11 736 52~ Bonds, with the exception of the Series 1996, outstanding at September 30, lS96 bear interest at 5' all, and mature in varying Amount. through 2031. The Series 1996 bond. bear interest at 5.125' and mature in varying AmOunts through 2035. The following are the annual requirements to pay all bond. outstanding at September 31, 1996: Year Ending SeDtember 3Q.. Princioal Intens1; IQ.W. 1997 $ 105 000 $ 592 218 $ 697 218 1998 149 200 586 968 736 168 1999 156 000 578 860 734 860 2000 164 000 572 202 736 202 2001-2005 1 585 359 2 621 965 4 207 324 2006-2010 1 217 000 2 313 391 3 530 391 2011-2015 1 5S7 000 1 978 352 3 535 352 2016-2020 1 994 000 1 546 002 3 540 002 2021-2025 1 602 000 1 064 725 2 666 725 2026-2030 1 661 969 634 006 2 495 975 2031-20"35 1 345 OQq -___lU....ll! 1 533 67~ $ 11 736 528 L.ll 677 363 $ 24 413 891 12 1 6G 3 IHMOltAL!B WATER AND SEWER DISTRICT NOTES TO GENERAL PURPOSB PINANCIAL STA'l'RMEHTS SEPTEMBBR 30, 1996 NOTE 5 - LONG-TERM DEBT (Continued) The bond agreements require that any special assesnment collections remaining after the current and annual debt service requirements have been met be u3ed to purchase Series A bonds maturing in 2001. At September 30, 1996, a total of $2,522,488 had been applied by the District to reduce Series A bonds maturing in 2001. As of September 30, 1996, the District has collocted asses.ments in the amount of $161,881, which it has not Applied to reduce Series A bonds maturing in 2001. Water and Sewer Revenue Bonds - Series A In 1981, the District issued $5,300.000 in Revenue Bonds to provide funds to pay a part of the cost of the Acquisition and construction of a sewage collection and treatment facility. Water and Sewer Revenue Bonds - Series B In 19B1, the District issued $772,715 in Revenue Bonds to purchase an existing water distribution facility. Water and Sewer Revenue Bonds - Series 1995 In 19B7, the Di9trict issued $635,000 in Revenue Bonds to provide funds for the extension and improvement of the water facilities. These funds have been made available to the District on a draw basis AS costs for improvement a have been incurred. Water and Sewer Revenu~s - Series 1989 and 1990 On October 30, 1991, the District repaid the $4,000,000 in Water and Sewer Revenue Bond Anticipation Notes ("BANS.) dated Harch I, 1991, through the issuance of $3,750,000 (Series 1989) and 5250,000 (Series 1990) Water and Sewer Revenue BondB. Water and Sewer Revenue Bonds - Series 1996 On August 20, 1996, the District repaid the $4,313,200 in BANS tq provide interim financing for the following four construction projects. Water treatment plant improvements consist of plants: Carson Road, Airport, and South 9th Street. The improvements consist of the installation of a 1.5 HGD water storage tank (a.t the South 9th Street plant), the constr-.Jction of chemical 13 1 6G "Z ..J IMHOKALEE WATER AND SEWER DISTRICT NOTES TO GENERAL PURPOSB PINANCIAL STATEMENTS SEPTBKBER 30, 1996 ROTE 5 - LONG-TERM DEBT (Continued) storage and chlorine buildings, administration building addition, the installation of pumps, the installation of aerators, the installation of public consumption wells, and overall site improvements. Water distribution system improvements consist of water main extensions throughout Immokalee. This project also includes the following components: Water and Sewer Revenue Bond - Series 1996 lContinuedl Installation of new water and force main, connections to existing water and force mains, renovations to existing lift stations, installation of fire hydrants, and restoration of rights-of-way. Waste water treatment plant improvements consist of improvements to the District. s existing waste water treatment plant. These improvements include: Construction of process control improvements to the RAS/WAS pumping equipment, improvements to the scum and grease management system, improvements to the chlorine system, the installation of two rotary drum thickeners, installation of sludge holding tanks, and the installation of an overhead sludge loading system. Effluent sprayfield improvements consist of improvement to the effluent sprayfie1d uystem at the waste water treatment plant. These improvements include: ' The installation of irrigation main, improvement to the existing irrigation pump station, and an addition to the existing sprayfield. All outstanding bonds are collateralized equally and ratably by a lien upon the gross revenues and assessments (as defined by the bond agreement) of the District. The District has agreed to maintain such rates and fees to provide revenues, together with aS8es8ment8, sufficient to pay operating expenses and to provide for current debt service and reserve requirements. The bon~ agreement a11110 establishes certain accounts and determines ;;he order in which revenues and assessments are to be deposited into these accounts. All required balances were maintained. 14 1 6G 3 IMHOULEE WATER AND SEWER DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATBKRNTS SEPTEMBER 30, 1996 N~ 5 - LONG-TERM DEBT (Continued) The bond agreement requires the District to enforce the collection of assessme~ts. The District has pursued the collection of delinquent special assessments in accordance with the terms of the bond agreement, which requires enforcement within 60 days of tho assessment becoming delinquent. NOTE 6 - LEASE COHMITMKN'rS During 1996, the District entered into long-term operating leasing for a telephone system and copier. The future minimum rental payments, by year, as of September 30, are as follows: 1997 $ 3 834 1998 3 834 1999 3 834 2000 2 785 2001 1 187 NOTE 7 - DEFERRED COMPENSATION PLAN The District participated in a deferred compensation prograa (IRe 457 Plan) through PEBSCO. All eligible employees -y voluntarily contribute to the plan up to 25' of their annual salary or $30,000 (whichever is less). In November 1993, the District established a pension plan pursuant to the provisions of Section 401 (a) of the Internal Revenue Code of 1986, as .-oded. 'l'he District contributes up to six percent (6') of an ..ploy_'s regular gross salary towards the pension plan, with . SLini.u:a employee contribution of three percent (3'1, in a Honey Purchase Plan and Trust. Further, the vesting period is set at five (5) years, with the time of current employees -grandfathere<!- in. Further, the vesting period is to be divided in five equal parts of twenty percent (20'l, with full vesting at five years. ~loyees are eligible to participate in the retirement plan after they have completed their 90-day probation period. If the employee leave. the employment of the employer before the five year vesting period is.complete, that portion, of the money invested by the District, not earned by the employee, will revert to the District. The District has no legal liability for the losses of the plan. 15 IJOIOItA.I.BB WA'l'Im AJrD SBWmt DIS'l'IUC'l' JIO'1'ES TO G:lmBRAL PURPOSE PDAIICIAL ~'S SRPTXMBBR 30, 1996 1 6G 3 IIO'fB 8 - COMKI'I'MD'rS AJID COIrl'DlGBBCns Th. Oiatrict i. contingently liable with regard to litigation incidental to th.', ordinary cour.. of it. operation.. In the opinion of aanaqement, based on the advice ot leqal counsel, the ultimate dispo.ition ot lawauit. will not have a aaterial adver.e .ffect on the financial po.ition of the Oistrict. 16 1 6G 3 SUPPLEMENTARY I~fORMATIOij 17 .....j:".... 7' (;:_~'{L.~>~ ,; ~.' " :; i I':' !..-;; I " ~~ ~7 l~' ;j, 1 6G 3 IMHOl\ALBB WATER ABC SlnmR DISTRICT SUPPLBHEHTARY IlIFORMATIOll SCHEDULE OP REVInlUBS ABC BJCPBBSBS - ACTUAL TO BtJDGBT FOR TUB YRAR EHDBD SBPTBKBBR 30, 1996 1: OPERATING REVENUES Water service Sewer service Meter service charge Reconnect and transfer fees ;:~ t{' ,t \,t j,: It fr li( " I" ~~~ :;" ~', c " l~ i; .~' ~t i~' I:: it;- ~~ 't' ~' I.,. tf ~ /,f ~ t~: ,~ '*.'; \~t I " Total operating revenues OPERATING EXPENSES Water treatment and distribution Waste water treatment Waste water collection Customer service and administrative Depreciation Bad debt Los. on di.po.al of asset. Total operating expen.e. Operating profit (lo.s) NONOPERATING REVENUES (EXPENSES) Intere.t incoDle Interest expense Other Net nonoperating expense. Net profit (los.) l&.tIlAl $ 736 220 1 378 855 139 651 42 715 2 297 441 418 820 558 905 294 355 489 632 775 093 5 022 7 839 2 549 666 1252 225) ~ $ 779 916 1 454 509 144 658 37 190 2 416 273 405 575 502 662 240 745 568 548 1 717 530 698 143 72 975 55 584 (406 288) (384 096) 47 828 66 910 1285 485) 1261 (02) $ 1537 710) $ 437 141 The acc:ompanying notes are an integral part of the financial statements. 18 t, ( IMHOItALKB 1IAT'IR AlfD SBWER DIS'J.'RIC'r SOPPLBMBlITART Ilil"ORMA'lIOII SCRBDtJI..B OP FBDDAL PlMAllCIAL ASSISTAlICB FOR TB:B YEAR DDBD SBPTBMBER 30, 1996 1 6G 3 Federal Grantor United States Department of Agriculture Farmers Bome Administration Program: Water and Waste Disposal Systema for Rural Communities Pederal CFDA Number !xoenditures 10,418 $ 4 328 551 'c ,. , , n 0.~ II~ ~. ~ ~:! l' ;~ ;., rl " l~; The accompanying notes are an integral part of tho financial Btatements. 19 ~, , (, , , ~! :',; ~.. il':~ it lr ;:- r ( i I [I I' ;. ): ~i; i:: If ,j .ij' r /, ~ ;' ! SPIRES, WALLACE & COMPANY, P.A. 1 6G 3 CERTIFIED Pl:BLlC ACCOUNTANTS J;UTlC' W. Spire.. Jr. OoryF, W:llt:lCe I Z1 J~ Kenwood lane, Suile ~9 F"" M~en, Florida ))901 Tele: 194\) 936-()1 F.x: (941) 936-2(: INDEPENDENT AUDITORS' AND SINGLE AUDIT REPORT ON INTERNAL CONTROL STRUCTURE Board of Commissioners Immokalee Water and Sewer District Immokalee, Florida We have audited the general purpose financial statements of Immokalee Water and Sewer District as of and for the year ended September 30, 1996, and we have iSBued our report thereon dated December 9, 1996. We have also audited Immokalee Wator and Sewer District's compliance with requirements applicable to non-Illajor federal financial programs and have issued our report thereon dated December 9, 1996. We conducted our audit in accordance with generally accepted auditing standards; Government Auditinq Standards, issued by the Comptroller General of the United States; Section 11.45(3)(4)4. of the Florida Statutes; and the Office of Management and Budget COMB) Circular A-128, "Audit of State and Local Governments". Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasc"~le assurance about whether the general purpose financial statements are free of material misstatement and about whether Immokalee Water and Sewer District complied with laws and regulations, noncompliance with which would be material to a major federal financial assistance program. In planning and performing our audit of the general purr-ose financial statements of Immokalee Hater and Sewer District f~~ the year ended September 30 1996, we considered it. internal ~ontrol structure in order to determine our audit~ng procedures for the purpose of expressing our opinion on the financial state~ents and not to provide assurance on the internal control .truct~re. The management of Immokalee Water and Sewer Dlstrict i. responsible for establishing and maintaining an internal control e.tructure. In fulfilling this responsibility, est imates and judgments by management are required to assess the expected ~enefitB and related costs of internal control structure policies and procedures. The objectives of an internal contrel structure are ".0 provide management with reasonable, but nol; absolute, assurance that assets are safeguarded against loss from unauthorized use of disposition and that transactions "re executed 20 I, , ;, r I, I' j [, I ~i I'. " I. r ~~' I' r.i \ ~l I j it t \. ! { ~ ~ ., ~: t .' 1 6G -;; Board of Commissioners Immokalee Water and Sewer District Page two in accordance with management's authorization and recorded properly to permit the preparation of financial statement. in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may, nevertheless, occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. For the purpose of this report, we have classified the significant internal control structure policies and procedure. into the following categories: Revenues/Receipts Expenditures/Disbursements Financial Reporting Budgetary For all of the internal control structure categories listed Above, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk. 1 l i I During the year ended September 30, 1996, the District expended 100' of its total federal financial ..sistance under its major federal financial assistance program. We performed tests of controls, as required by OHB Circular A- 128, to evaluate the effectiveness of the design and operation of internal control .tructure pOlicies and procedure. that we considered relevant to preventing or detecting aaterial noncompliance with specific requirements, general requirements, and requirements governing claims for advances and reimbursement. an~ amounts claimed or used for matching that are applicable to ~he District's major federal financial assistance program, which i. identified in the accompanying .chedule of federal fin~ncial assistance. Our procedures were less in scope than woald be necessary to render an opinion on these internal control structure policies and procedures. Accordingly, we do not express such an opinion. Our consideration of the internal control .tructure ,,'ould not necessarily disclose all matters in the internal control r.tructure 21 " . -- ./, ". . Board of Commissioners Immokalee Water and Sewer District Page three 1 6G 3 that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A IllAterial weakness is a reportable condition in which the design or operation of one or more to the specific internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the general purpose financial statements being audited, or that noncompliance with law and regulations that would be material to a federal financial assistance program may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no IllAtters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. However, we noted certain matters involving the internal control structure and its operation that we have reported to management of the District in a separate Report to Management, dated December 9, 1996. This report is intended solely for the use of Immokalee Water and Sewer District, the Auditor General of the State of Plorida, and other Pederal and State Audit Agencies. This restriction is not intended to limit the distribution of this report which is a matter of public record. Fort Hyers, Florida December 9, 1996 a-;-IJ~ '~ S~IR.ES, WALLACE AND COMPANY, P.A. 22 Ii 11 Ill'.'. r I Ii '( I t .~ ~ I > l 1 ~ 1 j , J I j I , ~ J 1 I .( .~ ) j . .l~ i ~ 1 SPIRES, WALLACE & COMPANY, P.A. CERTIf1ED PUBUC ACCOUNTANTS 1 6G 3 I ~73~ Kenwood I..1ne, SU;le ~9 Fori Myen, Florida 33?01 Tel.: (9041) 9~11' F...: (941) 936-203' INDEPENDENT AUDITORS' REPORT ON COMPLIANCE WITH LAWS AND REGULATIONS BASED ON AN AUDIT Of' FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Commis"ionera Immokalee Water and Sewer District Immokalee, Florida We have audited the general purpose financial statementa of Immokalee Water and Sewer District as of and for the year ended September 30, 1996, and we have issued our report thereon dated December 9, 1996. . We conducted our audit in accordance with generally accepted auditing standards I Government Auditinq Standards, issued by the Comptroller General of the United Statesl and Section 11.45(3)(a)4. of the Florida Statutes. Thoae atandarda require that we plan and perform the audit to obtain reaaonable aasurance about whether the general purpose financial atatements are free of material misstatement. Compliance with laws, regulations and contracts applicable t~ Immokalee Water and Sewer District is the responsibility of ~he District's management. As part of obtaining reasonable aasurhnce about whether the financial statements are free of mat~rial misstatement, we performed tests of the District's complianc~ with certain provisions of laws, regulations and contracts. B~~ver, our objective was not to provide an opinion on overall compliance with such provisions. The results of our tests indicate that, with respect to the items tested, Immokalee Water and Sewer District complied, in all material respects, with the proviaions referred to in the preceding paragraph. With respect to itema not tested, nothing Cllllle to our attention that caused ua to believe that Iltmokalee Water and Sewer District had not complied, in all Katerial respecta, with thos. proviaiona. This report is intended aolely for the use of Immokalen Water and Sewer District, the Auditor General of the State of F10rida, and other Pederal and State Audit Agencies. This re.tri~tion ia not intp.nded to limit the distribution of this report which ia a ::::e:y::s~u::::i::cord. ~f~~ (Jdtw I;;~ December 9, 1996 ~:u__l'_ SPIRES, WALLACE AND CO'.ofPANY, P.A. 23 i' I SPIRES, WALLACE & COMPANY, P.A'l 6G 3 CERTIFlED PlJBLlC ACCOUNTANTS J;am<' W. Spires. Jr. u;lt)' F. Wallace '~73,1 Kenwood une. Suile ~9 For'! ~ycr,. Florid. 3)907 Tel.: (941) 936- F:u: (941) 9)6. INDEPENDENT AUDITORS' COMBINED REPORT ON COMPLIANCE WITH GENERAL REOUIREMENTS APPLICABLE FEDERAL FIN~CIAL ASSIST~CB PROGRAMS AND SPECIFIC REOUIREMENTS APPLICABLE TO KAJOR PROGRAM TRANSACTIOtIS TO Board of Co~issioners Immokalee Water and Sewer District Immokalee, Florida We have audited the general purpose financial statements of Immokalee Water and Sewer District as of and for the year ended September 30, 1996, and we have issued our report thereon dated December 9, 1996. We have also audited IDlIIlokalee Water and Sewer District's compliance with the requirements governing types of services allowed or unallowed; eligibility; matching, level of effort, or earmarking; reporting; claims for advances and reimbursements; and amounts claimed or used for matching that are applicable to nonmajor federal financial assistance programs, which are identified in the accompanying schedule of federal financial assistance, for the year ended September 30, 1996. The management of IllUlIokalee Water and Sewer District is responsible for the District's compliance with those requirements. Our responsibility is to express an opinion on compliance with those requirement~, based on our audit. We conducted our audit of compliance with these requi~ements in accordance with generally accepted auditing str.ndards, ~ent Auditina Standards, issued by the Comptroller G~neral of the United States, and the provisions of the Office of ~'nagement and Budget Circlllar A-128,"Audits of State and Local Gove:cnments". Those standards and OMS CiIcular A-128 require that we plan and perform the audit to obtain reasonable assurance abou'c whether material noncompliance with the requirements referred to above occurred. An audit includes ex~lning, on a test basis, evidence about Immokalee Water and Sewer District's compliance ',ith those requ irements. We believe that our audit provides a reasonable basis for our opinion. In our opinion, Immokalee Water and Sewer District complied, in all material respects, with the requirements governil.'g types of services allowed or unallowed; eligibility; matc,hing, level of effort, or earmarking; reporting; claims for advances and reimbursements; and amounts claimed or used for matching that are applicable to its nonmajor fedoral financial assistan~e programs for the year ended September 30, 1996. 24 It I~ I 1 6G 3 Board of Commissioner. Immokalee Water and Sewer Oistrict Page two In connection with our audit of the 1996 qeneral purpose financial statements of Immokalee Water and Sewer District, and with our consideration of IlIIIlIokalee Water and Sewer District's internal control structure used to administer federal financial assistance programs, as required by OKB Circular A-128, we have applied procedures to teat IlIIIlIokalee Water and Sewer District's compliance with the following requirements applicable to its nonmajor federal financial assistance program, the major program of which is identified in the accompanying schedule of federal financial a..istance for the year ended September 30, 1996: Political Activity Davis-Bacon Act civil Rights Cash Management Relocation Assistance Real Property Acquisition Federal Financial Reports Drug-Free Workplace Act Our procedures for testing the requirements applicable to the nonmajor program which is listed in the preceding paraqraph were limited to the applicable procedures described in the Office of Management and Budget'. "Colllpliance Supplement for Single Audits of State and I.ocal Governments". Our procedures for testi~q cOlllpliance with the requiremente applicable to the nonmajor prl"..<Jram which is listed in the preceding paragraph were substantially le.s in scope than an audit, the objective of which is the .xpr~..ion of an opinion on IlIIIlIokalee Water and Sewer Oistrict's compliAnce with the requirements. Accordingly, ~e do not express such ~, opinion. With respect to the items tested, the results of those procedures disclosed no material instances of noncompliance with the requirement. listed in the fifth paragraph of this r(tport. With respect to items not tested, nothing came to our attention that caused us to believe that IlIIIlIokalee Water and Sewer District had not complied, in all material respects, with tho.e r~lUirements. However, the result. of my procedures disclosed ~terial instances of noncompliance with those requirements, which are described in the accompanying Report to Management. 25 1 II> ~ ; II " ~ ~ ~ -j X ~ Board of Commlssionera Immokalee Water and Sewer District Page three 1 6G 3 .~; Thia report ia intended solely for the us. of Immokal.. Water and Sewer Diatrict, the Auditor General of the State of Florida, and other Pederal and State Audit Aqonciea. Thi. reatriction i. not intended to limit the diatribution of this report which is a aatter of public record. Port Hyers, Florida December 9, 1996 :51" /t/~tk.t (fh; SPIRZS, WALLACE AND COMPANY, P.A. 26 I: I: I J SPIRES. WALLACE & COMPANY, P.A. 1 6G 3 CERTIFlED PUBLIC ACCOU1'<iANTS James W. Spires. Jr. Gary F. Wallace 127)4 Kcnwood Uno. Suile 49 Fort ~yen. Florida ))907 Telc: (941) 936-011 Fu: (941) 936-203 REPORT TO MANAGEMENT Board of Commissioners Immokalee Water and Sewer Oistrict Immokalee, Florida In connection with our audit of the general purpose financial statements of Immokalee Water and Sewer Oistrict for the year ended September 30, 1996, we are submitting the following comments and recommendations, in accordance with Chapter 10.550, "Rules of the Auditor General - Local Governmental Entity Audits" (Revised September 30, 1995) and Section 11.45(3) (a)4., of the Florida Statutes. PRIOR YBAR COMMENTS AND RECOMMENDATIONS THAT CONTINUE TO AP~ 1. Reconciliation of receivable subsidiary ledgers sb.ould be performed monthly. The District maintains subsidiary ledgers for accounts receivable and special assessments. However, the ~ubsidiary ledgers are not reconciled to the general ledger. We recollUllend that the subsidiary ledgers f01: accounts receivable And special assessments be- reconciled to the . general ledger monthly, and routinely reviewed by sanagement. 2. Account. receivable aging should be reviewed in a timely manner. There continues to be no forma.l review of th" accounts receivable aging to determine the collectibility Qf past due accounts~ As these receivables become JIIore de1.l.nquent, the cost of the collection effort increases And t.he chance of colloction decreasea. We recollUllend management review the accounts receiVAble aging report monthly and begin the collection pr~;~ss before they become greater than 60 days delinquent. 27 Board of CollUlllssioners I~kalee Water and Sewer District Page two 1 6G 3 3. Customer deposit subsidiary reports are not being reconciled to the general ledger. The District l114intains a subsidiary ledger for customer deposits, but is not reconciling the reports to the general ledger. We recommend that the subsidiary ledger. for customer deposita be reconciled to the general ledger monthly, and routinely reviewed by management. We have included in this letter all COmments which came to our attention during the course of our audit, regarding Items I through 7 of the "Rules of the Auditor General _ Local Governmental Entity AUdits", Rules 10.554, Section (1)(1). In regard to Item 7(c), We represent that the financial report filed with the Department of Banking and Pinance, pursuant to Section 218.32, Plorida Statutes, is in agreement with the annual poat-audit report for the period under audit. After you have reviewed this letter, We shall be pleased to discuss the contents with you, and to assist in the implementation or correction of the items commented upon. Fort Hyers, Florida December 9, 1996 &~/J~ f~ SPIRES, WALLACE AND COKPAllY(P.A. 28 1 6G 3 ALEE eTER & SEWER DISTRICT IWl r~~uc rACIWlt~ ~trO~1 Board of Commissioners Joseph Notthews, Jr. ...........................Chairman Potri cia A. Gocdn i ght........ ........... Vice-Chairman Lawrence Perez.............................. ......Secretory leo F. Rodgers.... ....... ....... ....................Treosurer Ophelia M. Allen.....................Commissioner Pam Brown...... ......... ......... ......Commissioner Paul Midney.. .......... ............... .Commissioner it reenoolom' & fcobgf.A Winnln~ CombinaTIon * ,'-..,...._,...-,~ I 1 6G 3 I I CONTENTS B COVER LETTER I Page Hap of Southern Florida 2 I Map of Immokalee Introduction t 4 3 I Boundilries 4 Current Population Predominant Types of Land Use 4 I 4 I Water Plant and Distribution 5 Jerry V. Warden WTF Airport WTF 5 .. 5 I Carson Road WTF 6 Vehicles and Equipment 6 Waatew~tcr Plant Locations and Capacities 7 Vehicles and Equipment 7 ,'. Wastewater Collection and Maintenance 8 Vehicles and Equipment 8 Customer Service and Administration 9 Vehiclea and Equipment 9 € .~ Sources 11 .d; .Jt'/'" :.,.~ . (j/" '\ ~~...,...... ,..If....~'~,.+'.. F~LITIES REPORT 1996 PUBLIC 1 6G 3 (;J ') PENSACO\.A \, ..... ~ "I -,f .),,,, .1 '. t( .~. .. ~....' . . .f t:'~ I a II 2 I , II 1 6G 3 ~I * I ..- .' I I " " :r: I { "f I . I -. I 4 I I I c I I ~1 I" .I! Ill' I g '. I , ~jl'! , It l: -, fl~!j"ll I V I j i" J! " I i ' I., I :r, I T"' ~ , ....'I,..f-'''' .' I " "-:"',-...,,";'i.'..:....'.,'r .'r' '-. ',,~, '.' 'l " .. , ;' ~ " n , ;~ , ' ... 1';1 :ill ~ I f'l g I I I I I ~ 3 * 1996 PUBLIC FACILITIES REPORT ;mTnODUCTIO:!l ~ The Immoka1ee Water and Sewer District (the "Di8tric~~).was created by an Act of the Plorida Legislature on July 5, 1978, for the pur~se of prov~ding water and sewer services to Immokalee, Florida, an unincorporated are~ of Collier County, Florida. The District operates and maintain. the wat~r and sewer p1ant~ and systems as a special distric~ of the state of Florida, The District is governed by up to a seven (7) member Board of Conunissionerfl appointed by the Governor of the state of Florida. The Board of Commissioners administers the Di.strict, ind"fl"ndent from any other local governing body. The District curr"ntly employs 27 people. . BDUND'S,U:S ' . The North 300 feet of Section 1, Township 47 south' Range 28 East; and all the landa in Sections 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35, in Township 46 South, Range 29 East; together with all lands in Section 1, ~, 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, and 16 in Township 47 South, Range 29 East; together with all the lands in Sections 25, 35, and 36, Township 46 South, Rang. 28 East, and flection 6 in Township 47 South, Range 30 east. All th" land Idescribed being in Collier County, Florida. .. ~~~~~ ACC0"ding to Collier County Population Projection the peruv.nent population is 20,17:" people, ,,':elling to 35,007 people in peak harvesti"" months. B pp!':lJOHIN"Mfl':1'!PKS,iop' LA.ND USE ~ Land rL'tLC,,~...qory Aereaq. , ! Residential - all types Sub-total 2,161.97 2,161.97 Commerci.al - retail 135.84 Sub-t:o~.l , 135. Sf. 228.00 790.19 65.62 , Industrial Public Facilities ConH~rva~ion.IPre8ervaticn Sub-total Agri::'.llture Vilcanl 1r 9,993.67 3.387.11 Sub-total TOTAL '>It a 4 I , ".......... ,",.~~...""""',._......."",~_...."_..._.--"...""",..''''~.,,..,,- I I I I I I I I I I I I I I I I I I I 1 6G 3 _ *JIl.. 1996 PUBI.IC FACILITIES REPORT WAT~R PLANT AND DI~JRI8UTtON ~1-)~ Supervisor - Jerry V. Warden The District owns and maintains approximately 90 miles of water distribution lines, and serves 4519 connections or 6514 equivalent dwe11inc, units. The SFWHD Consumptive Use Permit allows the District to pump 1142 m~11ion gallons a year from aquifers. Jerrv V. Warden Water Treatment ~acllltv (S 9th Streetl Address: 1020 Sanitation Road, Immokalec, FL 34142 Constructed 1967, Upgraded 1996. Information: 1.8 MG of storage capacity. Treatment: Aeratio:l, chlorination, polyphosphate (iron control) fluoride, sodium hydroxide (pH i,djustment). Si, wells that draw from the Upper Sandstone and the Lower Tami~ni Aquifer. Current FDEP Capacity: 2.25 MGD Demand: Jan. 1996 0.866 MGD Jul. 1996 1. 032 MGD Feb. 1996 0.864 MGD Aug. 1996 0.857 MGD Mar. 1996 0.852 MGD Sep. 1996 1. 0 ~8 MGD Apr. 1996 1.052 MGD Oct. 1996 1.r10 MGD May 1996 1.095 MGD Nov. 1996 1. .~ 36 HGD Jun. 1996 1. 027 MGD Dec. 1996 1. 450 MGD Back-up powe~: Caterpillar 387 UP generator - diesel fuel l'Li"rpo rt--1f~.5!.~-p-l ant Address: 700 SR 046, I!ast; aka Airport Road, lnunokalee Fi 34142 Constructeci 1085, upgraded 1992, 1996. Information: 0.75 MG of atorage capacity. Treatment: Aerlltivn, chlorination polyphc.sr,)nate (iron control), fluoride, sodium hydroxide (pH adjustment) Three operating wells that draw from the Lower Tamiami aquifer. 5 I -=---.J i' . ~ .; <, I I I I I I I I I I I I I I I I I I I 1 6G 3 'Jl* 1996 PUBLIC FACILITIES REPORT Current FDEP Capacity: 1.35 MGD Demand: Jan. 1996 0.890 MGD Jul. 1996 C. . >~GD Feb. 1996 0.9B9 MGD Aug. 1996 D.S l1G:J Mar, 1996 0.908 MGD Sep. 1996 O. &(,0 !l(;D Apr. 1996 0.99J MGD Oct. 1996 0.71:~ tI.GD May 1996 0.938 MGD Nov. 1996 O. 8 .. ,~ J1GD Jun. 1996 0.833 MGD Dec. 1996 0.7 r. 'I .'IGD Back-up power: Cummins 166 hp generator, diesel powered. Carson PIal!.!;. Address: Carson Road, Immokalee FL 34142 Constructed 1975, upgraded 1992, 1996. Type of t:-eatment: Aeration, chlorination, polyphosphaL;' (iron control) fluoride, s"dium hydroxide (pH adjustment). Four wells U'..,t draw tram th Lower Tamiam~. aquifer. Current FDEP Capacity: 0.90 MGD Demand: Jan. 199'; 0.866 MGD Jul. 1996 0.494 !'.GD .fc~"'. 1995 0.909 MGD Aug. 1996 1. 007 ~1GD Mar. 19% 0.86B MGD Sep. 1996 0.637 !-Ar;::: !'./?r. 1996 0.776 MGD Oct. 1996 0.58r, May 1996 0.724 MGD Nov. 1996 0.683 Jun. 1996 0.491 MGf) Dec. 1996 0.5(,'! Back-up power: On an generator, propane gas powered. ~;r:n;J:i~~l~~i~i-~QUIPMF.1iT Leading Edge Ja6 Computer Citizen 200GX printer ~~rR'PE'~: .VEBICLKS · 1990 Ford Ranger - unleaded fuel · 1990 Ford Ranger - unleaded fuel . 1995 Chevrolet 5-10 longbed - unleaded fuel 6 I I I I I I I I I I I I I I I I I I I "1 7 * 1996 PUBLIC FACILITIES REPORT ~....' * 1986 Ford F-1SO - unleaded fuel * 1996 Chevrolet 5-10 - unleaded fuel * 1994 Ford F-150 - unleaded fuel _..,.."~?:'!;;m~:w;,, >'i~l{~%$;::~'~ ~,~:D~~$I':Q'lIPMn"~ McLaughlin Auger-typn pipe pusher WM TE'W A TER PLANT De E.h.....l.Q Supervisor - Dan Hockey Address: 140 White Way, Immokalee, FL 34142 Current FDEP Capacity: 2.5 MGD Type of treatment: Oxidation ditch, extended aeratic:.. acres of effluent spray irrigation. :::'1 AVG.Flow: Jan. 1996 1.911 MGD Jul. 1996 1. 660 MGn Feb. 1996 1.766 MGD Aug. 1996 1.75B MC:' Mar. 1996 1. 727 MGD Scp. 1996 1.695 MC: Apr. 1996 1.741 MGD Oct. 1996 1.665 ~L' May 1996 1.858 MeD Nov. 1996 1. 691 M' Jun. 1996 1.796 MGD Dec. 1996 1.742 ~':--' Back-up power: Onan 175 generator, diesel powered '. .._,..".",:,lftf;{f[!-i';i4:%t.'{tJi 1"A!S~~J!f4t>r:P'J!;~Vft I CLBS * 1996 Dodge Oakota 4X4 - unle~ded fup.l ~~<" WASmATli(s;btn:WiQ6IPHElIT , .,-~"...' :-",,>/':~"''"'''''' 'J Midwest Micro Pentium-56 work station Leading Edge 486-33 work Station NEC Super Script Laser Printer Canon PC6re, Copy machine l 7 . ____J "1'1..._.._....... '"',' ""'........., ',,~, """~..,,.."',~.~ ,,,,,.,,,.,. ".""',,,-',....._,.,.'" ,<O.'..,'..,~,..,_..." ',.,~..'_......"\ __ I I I I I I I I I I I I I I I I I I I - -* 1996 PUBLIC FACILITIES REPORT ;:"J WAB'l'EH'A'l'ER. DEn; SOFTWARE Windows for Workgroups Windows 95 Microsoft Word Lotus 5.0 Word Perfect 6.0 WAS'l'~~ATER COLLECTION ~ KAINTEN~ICE Oept 30 Supervisor - Hector Ramos The Diatrict owns and maintains 34 lift stations and I. ':: ~",w"t'<?2r~~:?'7$IT.t WAS~nit2coLi.iC'J."ioN VEHICLES * 1988 Custom Ford F-150 - unleaded fuel * 1981 Custom Delux~ Chevy Dump Eed - unleaded fuel * 1990 Ford XLT Lariat F-150 4 X 4- unleaded fuel * 1994 Ford F-150 4 X 4 - unleaded fuel ~,.,.,".=,~...~. ~'1'XWATlnl'E;coLi$::f'foM EQUIJ>](ENT * 1990 Ford Super Duty Custom Doom Truck - unleaded * 1991 Ford Vacuum Truck . John Deere 125 Tractor - diesel fuel * Onan portable generator - butane gas * Case S80k backhoe-loader - diesel powered. * Yazoo Riding Lawn Mower I I I I I I I I I . II II ~ II ~ II m I m 1.1I '* _ lb..'. 1996 PUBLIC FACILITIES REPOk HASTEWA~R;coLiKcTION DEPT. OFFICE EQUIPMENT Leading Edge 3R6 work station Citizen 200GX printer CUSTOKER SERVICE ~ ADHINISTRATION Dept. 40 Supervisor - Eva J. Deyo Location: 1020 Sanitation Road, Irnmokalee, FL 341~; ,,~;N,'1""'u:-:,." ,"..:> '," 'c' .., , 07 1" IC~>:D.i";,:V:mIcLES . 1993 Ford Taurus ~~frX{""::(~:'(:':':.h;;';;?4;::'~ OFP'.ICaJ'EQUtl1D1ft':~" ; Everex Pentium 100 mhz File Server, seven work stat; Panasonic KX-P4410 Laser Printer PQnasonic KX-P2624 Dot Matrix Printer IBM PPS II 2360 Dot Matrix Printer O'I'C 120 colur:m, 9 pin, Dot Matrix printer- Epnon DFX 5000, 120 column, 9 pill, Dot Matrix Pril" Toshiba 2550 Copy Machine Smith Corona SE 1950, word processor Brother MFC Multifunctional FAX Machi.ne oP'.P:I.ca"so1~l~.~i Novell Networking Softwar~ Billmnster billing and assessment software Cougar Mountain Accounting Softwar-e Lotus 123 3.1+, 4.0 for windo~s ~ ,;j ..~ ~ i.~ "j :~ :;i "':~ I I I I I I I I I I I I I I I I I I I -- * -" 1996 PUBLIC FACILITIES RIO i' Word Perfect for Windows Core1draw 3.0 f"ilem...ker Pro Microsoft Project ,="c~,,,,,,,,,'''<''.,,~,~,c~,~:.,,,.,...,,, "."",." ~"""_ _""""'~'''<';_''"''''''''''''_''''"""",,._", "',..~ I I I I I I I I I I I I I I I I I I I 1 6G 3 "* 1996 PUBLIC FACILITIES REPORT ~,...'.7"".~".' ~ '.' hi!'" ,!~ !W_~~:> '. ./. . Map of Immokalee - Universal Hap Enterprises Introduction - Spires, Wallace' Company, P.A., Independent Auditor's Report December 9, 1996, page 9. Boundaries - State of Florida, Laws of Florida, Chapter 78-494, Bouse Bill Nc 1979, Section 2, page 55. Current Population - Collier County Long-Range Planning Section, ColliE County Permanent Population estimates and Projections, Hay 24, 1995. Seasonal Population - Collier County Comprehensive Planning .3ection, ColliE County Seasonal Estimates And Projections by County Region, June 14, 1996. Existing And Future LAnd Use - Collier County Commercial I.:.nd Use Study, 195 11 1 6G 3 MEMORANDUM Misc. Corre~~ence Agenda Date __ Agenda Item #_ TO: Sue Filson, Administrative Assistant Board 01 County Commissioners RECEIVED t.PR ' r 1997 FROM: Derek Johnssen, General Accounting Manager I., Clerk of the Circuit Court/Finance Department ' DATE: April 10, 1997 ~n1r ': ,'10. :t'"",r, ~)'~ :' n ': f' . RE: Miscellaneous Correspondence. BCC Agenda Please place the following items on the next available BCC agenda and call ~d at extension 8516 with the date and Miscellaneous Correspondence agenda item number. Collier Mosoulto Control DistrIct 1 . Pursuant to Florida Statutes Sec. 189.418, the Collier Mosquito Control District has submitted the following: (a) Certificate of Budgot Adoption. (b) Resolution adopting the Annual Cartified Budget 1996,97, (e) Annual Audit Report for year ended September 30, 1996 (which includes Auditor's Management Letter with District's Response). (el) Annual Financial Report for year ended September 30, 1996, (e) Public Facilities Report 2. Pursuant to Florida Statutes, Chapter 388, the Collier Mosquito Control District has submitted the following: (a) Certl11cate of Tax Levy. (b) Resolution adopting Tax Levy of .1883 mills. Thank You. n\__ JI~!q7 It,. ~. Co/her n1o.i'1ui/o Con/rol ::bioi/rid 1 6G 3 I' f) IU)-" 7nhl) NAI'II-s.nOI<J/)^ .11'1~1.7IH.'} f n\"""'''Ht't'"N'\ " ~'". f ".'11,..1. I II ,It. ,., \',"/:\ I III \'.f II\MII "I'" I \II' '-".\1 It'" "\IA.. IHI '" N'" ~j ""., , '''' ''t I R klllll kl II lit'JIll'" ITU-I'IIONI' .'-t1-~1'..1("1 ~!\.\ "11-.".-1111'''' IlIH"(lf'H Hq,~" \ "I'"'' ''91'' January 27. 1997 Clerk of the Circuit Coun Finance Dcpanmenl c/o Dwight E. !3rock 2671 Airpon Road. Coun PlvlI III Naples. Florida 34105 Dear Mr. Brock: Enclosed for your files you will find: ,., ') -;"'1 Cenificate of Budgel Adoption and Tax Lev) Resolution adopting tax levy of .1883 mills Resolution adopting the Annual Cenified Budget, 1<)96-97 Annual Postaudit Repon - Year ended September 30. 1996 (Which includes Auditor's Management Leller with District's Response) Annual Financial Repon - Year ended September 30. 1996 This should complete filing requirements for the 1996-97 hudget and auditing proces,~ for the year ended September 3D, 1996. Si ncerely. "-1/." ...<': ,/ Joan D. Owens Director. Administration . ('" ^.... jdo/s Enclosures (listed above) ~ .~::' ~ ,~! ,: .: '. ,', . /: :", f' .,'. <. ,,::~. :.':',.'!: ::; " :'. .~:; :1.1'" . ,r .,' " '.' '., _ 1. ,. I ,'" '" '1 I " '.'. .':",:,"';,':.'.'.:":' :.',~ ';;"":';.\<'-"",>~:'}"'.~.: ':'~r'?,:':>'...'... :i'~"" CotAer mOJ9uifo Conlrot :JJiJlricl c,,~~G 3 /LI.....,.."t. E. IIlCI:)KU., CfV.t... F'lA."Jl':1S J.I~w.n. S4~I:TAA [)()NALD It ,NJ.. nI...ut"'IJ...'" RoeUT ,0\. 8O'Y'[a 1U)ft1. T 0 CIf.AQ'Y 600 NOR TII ROAD NAPLES, Fl.ORl[)^ HI')~.l~M THEF1ImIF.. 941-.l}~.I()OO fAX '!4I-11-'\.'OO~ ~.EC'TO.; fLt...'o'1( 1lf "'''-'''F.3SE"S. ,,"0 RESOLUTION 7 -_95/96 WHEREAS, Chapter 388, Florida Statutes, author1zes Ule Board of COmmissioners of the COLLIER MOSQUITO CONTROL DISTRICT to levy a spedal tax upon all the taxable property in said District, solely for the purposes author1zed and prescribed by the act, NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the COLLIER MOSQUITO CONTROL DISTRICT, in meeting assembled on September 25, 1996, in CoUler County, Florlda, do hereby levy a spedal tax of .1883 mills on all taxable property in the COLLIER MOSQUl ro CONTROL DISTRICT for the fiscal year ending September 30, 1997, repret;enting a 7.97\ decrease under the rolled back rate, and BE IT FURTHER RESOLVED that a certified copy of t'.1is ReSOlution, together with a Resolution adopting the budget and a Certificate of BUdget Adoption and Tax Levy, be delivered to the Property ApprauU!r and the 'I'ax Collector. **~H~H~H~~H~H~~**~~~H~~~~~~ IT IS HEREBY CERTIFIED that the foregoing 13 Ii true and correct copy of a Resolution adopted by the Board of COmmissio.1ers of the COLLIER MOSQUITO CONTROL DISTRICT at a meeting held Septl!l'l'~ ~r 25, 1996, in Collier County, Florida. ATTEST: ~~- J~ . ~ 6. ,,/ ~roo'r, Chair . / '.../ A lIt ,n I! , " ",~..4''''''~~'_'-,,,,,,<~_,,,,,,,,,,,,"___~",,__,,,,~~,_.'_,,,,,,,,,,,,,,,,,,,,,_,,,,_,,,,_,,",,''-4'_".;1""_'_''''''''''''"__'''" ~ I1II ~ ~ I \ \ I ~ ~ t- lI) 8. - l'15 ~l 'l!:s.!! ~ .. ~ l- ce o a.. UJ ce ~ ~ U Z ~ u::: !z UJ ::E ffi~ <>.... 00';' _C!)~ a:;;).... SUa: u.O~ ~::3>- UJ<~ I-:::l< .<ZU f-o'z5Q CI)<u. ~.~ "'-,:'7'; z ii :5 f- If .>It..., .. :i & - ~i J. -,!! :5c ~l fj ~I ~ l! f~ ~~ -,2 :5..e -1 ~- t) E III o g -.7',& 8 ~ ::g ..... ,,.. I "' .91-0 ~:i '3~ l'IIlr) !lll ~:g ;:;;:~ o ~ ..c:r:-~ ~ ~:a t: IJ... '" _ 0 .. iii ~~~l:>! -! i5 !. 0 II.. ~ CD 011) "'11..< Z j c: ~ i C!) '0 ~ 6 ~ t: !~ UJl c.e III... >.!! ''5 ~... ,J,/, 0 ~j ~ Ql .>0: ~ ~ t.i !!! :: as _ Ql E ..... .. 2: t:: Ql C o ';;; ., 's E o u J J J .... o '1!4 'E IS ~ ~ 'iil ..c:: u ~ t- 3 E: o i c: .. c: "" .... .!! '"'5 ~~ i5~ 1::: ~.l ! I.~ ~ 1 J i ~ lll1 ~ ~ 1~~ ~ ~ j;IH ~ 2 ~ · :t 15 c ~ ~ E ~ cf ~ I ~.... ~ ~ ~ t! ~ .... en ..,. _. .... Cf, Cf, .8 .8 E E :;) :;) c c .. ~ ::E 1l o 0 E J:; U :;) is Z c 4i :::l 1il I- CI) U. !Il 6G :e: r::> ~ a: o I~ ~ ~ UJ Z UJ C!) "" Xl :; ~ r; -l! 'C .Q u._ ~. (;)1 ~J 8, Nj ~ 8- E ~f ! 'iJ ~ jJ ~ ~i : 8 f ~ :;);! al ~ J. 1S. ~~ g :I:o!. ~ ~ en .... o Ii I . fi ~Ii J- zI- ~ ~ r- i ! i r.!s~ ill! ~lllf ~ ] J I o , ! , '0 115 i ~~11l 0, E ~! - o "" li; .0 E al a. al CI) '0 Ql -g Ql .. III al ,... ill u III u: FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 1 6G 3 REPORTING ENTITY: Collier Mosquito Control ~istrict 10 NUMBEf{: 194 REPORTING FUND GROUP: General Fund REVENUES AND OTHER CREDITS (311.000 THROUGH 390,000) Who)(1 Dollars Only 311.000 334,610 361.000 364.000 389.900 Description Ad valorem taxes State grants-human svcs-health or hospitals Interest earnings Disposition of fixed ~scts Non-operating, other sources Amount Account No. $3.232.449 8.500 225.670 500 45,781 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) $3,512,900 FORM DBF-M-403 (R.... 617~) FUND GROUP .. REVENUES AND EXPENDITURES/EXPENSES 1 6 G 1995-96 REPORTING ENTITY: _Collier Mosquito Control District REPORTING FUND GROUP: General Fund .!!>~UMBER: 174 EXPENDITURES AND OTHER DEBITS (511 THROUGH 592) Wh"le Dollars Only Mt.o.unllio. 539 539 -- 539 Qbjm 10 30 60 Description Physical environmental services - personal svcs. Physical environmental services - oper. expenditures ~sical environmental s~rvices - capital outlay' Amounl $1,818,737 1,660.899_ 135.672 TOTAL EXPENDITURES AND OTHER DEBITS $3.615,308 Duplicate this page if additional lines are needed. FORM DBF-M-403 (R...llf7~) 2 COLLIER MOSQUITO CONTROL DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS, TOGETHER WITH REPORTS OF INDEPENDENT ACCOUNTANTS SEPTEMDER 30, 1996 I I I I I I I I I I I I 1 6G 3 Table of Contents Pages Report of Independent Accountants General Purpose Financial Statements: Combinea Bala~ Sheet. All FUnd Types and Account Grou~ 2 Slalement of Revenues, Expenditures and Changes in Fund Balance. General fund 3 Slatemenl of Revenues. Expendnures and Changes in Fund Balance. Budget and Actual. General Fund 4 Notes 10 General Purpose Financial Slalemen:s 5.12 Independent ACGOUntants' Report on Ihe Inlemal Control Structure Basec on an AIKIn of General Purpose Financial SlalemenlS Performed In Accordancl with GovemfMnf Audiflng Standards 13.14 Independent Accountants' Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance wilh Government Audiflng Slandard:s 15 Manaliemenlletler 16.17 Response to Management letter 18 I I I I I I I I I I I I I I I I I I I I Coopers &LYbrand 1 6G I Coopo,. & Lyb,ond L.L.P. J c'n'.",., "'"',11 \f;'fy.Cr.S, /.rm .3 Report of Independent Accountants Board of Commissioners Collier Mosquito Conlrol District Naples, Florida We have audited the general purpose financial statements of the Collier Mosquilo Conlrol District as of and for the year ended September 30,1996, as listed in the Table ofContenr,i, These general pur- pose financial statements are the responsibility of the District's management Our responsibility is to express an opinion on these general purpose financial statements based or. our audit. We conducted our audit in accordance with generally accepted auditi',g standards and COl'l!mml!l1I Auditillg Standardf, issued by rhe COmptroller General of the United Slates. Those standards require that we plan and perform the audit 10 obtain reasonabie assurance about whether the general purpose financial statements are free of material misstalement An audil includes c-aminin!}. on a test basis, evidence supporting the amounts and disclosures in the general purpose financial stat~~"ents. An audit also includes assessing the accounting principles used and significanl estimates m.de by man- agement, as well as evaluating the overall general purpose financial statemenl presentation. We be- lieve Ihal our audit provides a reasonable basis for Our opi nion In our opinion, the general purpose financial statements referred 10 above present fairly, in all material respects, the financial positior. of tl,e Collier Mosquito Control District at September 30, 1996, and the resulls of its operations for the year then ended in conformity with generally accepted accounling principles. In accordance with COl'emmel1l Auditing Stalldards, \\Ie have also issued a report dated October 29, 1996. on our consideration of the District's internal cOnlrol structure and a report daled October 29, 1996, on its compliance with la\\ls and regulations ~9'~ :(.~.t? Fort Myers, Florida October 29, 1996 Cx!pe.. &. lyt)tand II P .. .a 1Tolitmbel' 01 COOPer, &. l ybr!lf'l<11NflI'O'laloO"II1 .. ......'lltrll';,r,.',1'r -1"'oe..."Ol"I PnCOIporat!td", s.,..,lrOtI_...., Collier Mosquito Control District Combined Balance Sheet. All Fund Types and Account Groups Se,xember 30, 19$16 1 6G ) Governmentoll Fkfuci.ary Fund Typo Fund TYJl4 AccOfJnt Group, Toe.. Ofllet.' Ag;;;cy- Gener.' Gene1'al (Merooro_ ASSETS AND OTHER DEBIT Fund Fu~d FI.ect Alsets Long,T~ ~~ ---~ Ca'Sh 63-4,043 0 0 0 6301.043 Ce1'tiraf... of deposit 2,000,000 0 0 0 2,000.000 lnv.sfrnontl wrth Il'VIlee 0 308.494 0 0 306,~!il4 Int'tfnt 'f'CI'Mlb:e! ~.252 0 0 0 ~.252 Im.oenforiH I ,37~, 169 0 C 0 1,31~,I69 Proporty. p1a~ lII'd ~ 0 0 1,illl'l,~ 0 1,~,4IIJ Amount to be prOYidtd fOf retirement of_If 1on9.!tfm deb! 0 214 '-'>4 216,_ -- - ------- Tot.1 ISMfa .nd 04"'" debft ~,O12,_ 3Oe.4Q.4 7.6~,oOe3 278,_ , 2,;'95,885 LIABILITIES AND FUND EQUITY LIASILITIES ACGOurIII poofallle 31,12~ 0 0 0 31.n~ o.re"o<I comPO_Ion peyollle 0 3Oe.49-4 0 0 306,494 AtellJed <ompensalo<llb&eneeo 0 0 0 218,_ 218._ -- ---- TOIallabilil'" 3'.72~ 306.494 0 214.A64 418,682 -- -- FUND EaUITY In-...ntrnent in g.nerill' rIXeO' "Iff. 0 1,696,4e3 1.696,4IIJ Fund balanceo R"'Md ror .-nlO<y 1,37~,169 0 0 1,37~, '69 UN"'rwd, ~nalo<l 2,605,571 0 0 2,605.571 -- ---. -- Totll fund equity 3,960,140 1.~,oOe3 0 -~ --- T 0101 "obi"'''' Ind 'UfId tqIJily ~.O'2,_ 306,494 7.6ll!l,oOe3 218,_ , 2.295.885 rhe <<comp.tnylng not,. .,. In Int.grM ~rt 0' (h.u H".ncill st"'",.nts 2 I I I I I I I I I I I I I I I I I I I Collier Mosquito Control District Statement of Revenues, Expenditures and Changes in Fund Balance - General Fund year ended September 30, 1996 1 6G Revenues Taxes Intergovernmenlal Interest Miscellaneous $ 3.232,., 8,SC 22S,6~ _ .5,71 Total revenues ~.2.1~ Expendilures Curren! Physical environmenlal services Personal services Operating expenditures Capilaloutlay 1,818,73 1,660.119 _ _ 135.67 Total expenditures _ :.1,615,30 Olher financing sources Proceeds from sale of fixed assets ---~ (102,.0 Excess of expenditures over revenues and other financing sources Fund balance, Odober 1,1995 3.772.831 Increase in inventory reserve -~1! S 3,9~~ Fund balance, September 30, 1996 The accompanying notes are an integral part of these financiat statements. I I I I I I I I I I I I I I I I I I I Collier Mosquito Control District Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund yoar endod SOp/ember 30, 199G 1 6G 3 Budget Varl~nce _ Favorable ~~~!!l ~~ Revenues T~xes Inlergovemmental 'nlerest Miscellaneous S 3.232.449 $ 3.2-j2,~~9 $ 0 8.500 8.500 0 225,670 225.670 0 -~ ~5.781 0 __3,512,~00 3.512,~00 0 Total revenues Expenditures Currenl Physical environmental services Personal services Salaries and wages Payroll taxes and benefits Operaling expendilures Travel, utilities, repairs and service Chemicals Gasoline. oil and lube Other sUpplies and materials Other operaling expendilures Capital oul/ay Conlingency 1.283.712 1,215,026 68,686 663,8~2 603,711 60,131 612,501 ~67,40Q 145,092 1.356.865 913,989 ~42 ,876 81.794 48,676 33,118 79,264 75.~60 3,804 173.520 155,365 18.155 170.-100 135,672 34.728 319,000_ 0 319,000 ~Q,~ 3,615,308 1,125,590 500 _500 0 $ (1,227 , 998~ (102.~08) $ 1.125.590 3,772.830 310,318 $ 3.980,740 Toral expendilures Other financing sources Proceeds from sale of fixed assets Excess of expenditures over revenues and olher financing sources Fund balance, October 1, 1995 Increase in invenlory reserve Fund balance, September 30, 1996 The aCCOmpanying noles are an inlegral part of /hese financial slalemenls. 4 ---~,-..,.",.~---,-...... . I I I I I I I I I I I I I I I I I I I ,,,' ' ~~ .... . -""-...-~....,..,,, ~.. ~",'~ k '" ~......_ "~ 1 6G 3 Collier Mosquito Control District Notes to General Purpose Financial Statements 1. Summary of Significant Accounting Policies: The following is a summary oflhe more ,ignificanr accounting policies ofl~e District Delining Ihe Govrrnmental Reporting Enlil)': The Collier Mosquit(, Control DimiCl (the District) is an independent special tax district created by Florida Stale Slatutes to perform mosquito control and suppression in Collier County. Florida. The business and affairs of the District are governed by a board of :lve commissioners who are elected for terms of four years The District has adopted Governmental Accounting Standards Board (GASB) Statement Number 14. "Financial Reponing Enlity." This statement reqllires Ihe financial stalements of the Districl (the primary governmenl) to include ilS componel:1 units, if any. A component unit is a legally separate organization for which the elected ofii"ials of the p~imary govern- men! arc financially accounrable. Based on rhe criteria established In GASH 14, t~cre are no component units included in the District's financial statements, Fund Accounting: The accounts of the District are organized on the basis of funds :md ac- count gTOUpS, each of which is considered a separate accounting entity, The operalions of each fund are accounterl for with a separate set of self-balancing accounts Ihat comprise its assels, liabilities, fund equity, revenue and expendirures, as appropriate. Government re- sources are allocared to and aCcounted for in Individual funds based upon the purposes for which they arc to be spent and the means by which spending activities are conrrolled. The following fund types and account groups are used by Ihe District: Govrrnmenlal Fund T}'pe General Fund - The General Fund is the generaf operating fund oflhe District All finan- cial resources which are not specifically restricted or designated u ro use are recorded in the General Fund. Fiduciary Fund Type Agency Fund - The Agency Fund is used to account for assets held by the District in a rrnstee capacity or as an agent for individuals. private organizations, orher governments and/or 01 her funds. Accounl Groups General Fixed Assets - Tnis sclf,balancing account group is used to accounr for all fixed assets of the Disrrict. which have a cost or 5500 or more and an estimated useful life of more than one year. General Long-Term Dcbl - This self-balancing account group is used 10 accounl for all long'term debt oftne District. 5 I I I I I I I I I I I I I I I I I I I Notes to General Purpose Financial Statements, Continued 1 6G 3 1. Summary of Significant Accounting Policies, cor,linued Musurement FoellS: Covernmenlal Fund Type - The Geoer~1 Fund is accounled for on a "spending" or "/inancial now" measurement focus. This means that only current ass'~ts and current liabili- lies are generally included on the balance sheet. Accordingly, the reponed undesignated fund balance (net current assers) is considered a measure of avajlabl~, spendable or appro- priable resources. Governmenlal Fund Type operating statements presenl increases (reve- nue) and decreases (e~penditures) in net current assels Fiduciary Pund Type - The AJ(cncy Funrl is cusrorlia' in mtfrm: (aSSCfS ~lIa' liafJiliries) and dl) not involve Trl':.I$JJfI:mcnr of ftJlJla of operllliom Arrollnl Groups - The General Fixed AHerS Account GrollP and the G("neral Lnnv.,'/'erm Debt Account Group are concerned only '''Ih lhe measuren ent of financial po';tion They are not involved wilh the meaWretneOl ()f results of opera/iO/.s. Basis or Accounting: Basis of accounting refers to when revenu:o and ex~nditures are rec- ognized in the aceounls and reponed in rhe general purpose financial stalements. ,jasis of ac- counting relates to the liming of the measurements made, regardless of Ihe measurement foells applied. The modified accrual basis of accounting is followed by all Governmental and Fiduciary Funds of the DistriCl, whereby revenue i, recognized when it becomes measurable and avail- able as net current assels. Ta.~payer assessed income and gross receiplS arc considered "measurable" when in Ihe hands of intermediary collecting governments and are recognized as revenue at that time. Anticipaled refunds of such laxes are recorded as liabi!ities and re- ductions of revenue when they become measurable and Iheir validity seems cenain. Expendi- tures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. E~ceplions to this general rule include: (I) principal and in- tere51 on general/ong-Ierm debt, if any. which are recognized when due; and (2) expenditures arc not divided between years by the recording of prepaid expenses. Fixed AssetJ: Fixed as'els used in Governmental Fund Type operations (general fixed as- sets) are accounted for in Ihe General Fixed Assets Account Group, ralher than in the Gov- ernmental Fund Type. No depreciation has been provided on genera/fixed assets. All fixed assets are valued at historical cost. or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair market values on the nates donated. I I I I I I I I I I I I I I I I I I I Notes to General Purpose Financial Statements, Continued 1 6G 3 1. Summary of Significant Accounting Policics, continued nudg~ts and nudgetary Accounling: The following procedures ar'; used by lhe Dislricl in establishing the budgerary data renecled in the general purpose financial statements: I. During the summer. the Director submits to the Board ofCorr.missioners for their con- sideration a proposed operating budget for the fiscal year .:ommencing on October I, The operaling budget includes proposed expenditure', and the means of financing them, 2. Public hearings are conducted to obtain taxpayer comm~nts. ). Prior to October J. the budget is adopted through a resol!>!;on by thr. Boare of Com- mi,sioners. The budget is then approved by the Florida Depanmenl of ',griculture and Consumer Services. Bureau of Entomology and Pest Control by Ocrober J 1. 4. Budget transfers and amendments can be made throughout the year by approval of the Board of Commissioners and the Florida Depanment of Agricuhure and Consumer Services. Bureau of Entomology and Pest Control. 5, Budgel amounts. as shown in these general purpose financial statemenls are as origi- nally adopted, or as amended by the Board of Commissioners and approved by the Florida Depanment of Agriculture and Consumer Services, Bureau of Enlomology and Pesl Conlrol. 6. The budget for the Governmental Fund Type is adopted on a basis consistent with generally acceptcd accounting principlcs 7. The level of conlrol for appropriations i, exercised at the account level. Encumbrances: Encumbrance accounting, undcr which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that por- lion of rhe applicable appropriation, is not employed by the District because it is. at presenl. not necessary to assure effective budgelary control or to facilitate effective cash planning and cont rol. Inyentories: lnvenlories consisting primarily of expendable chemicals, fuel, and aircraft pans to be used in operations are stated al the lower of cost (first-in, first-out melhod) or market. The District utilizes the purchase method of accounting, which provides that expen- ditures are recognized when the invenlory items are purchased, Reponed inventories are equally offset by a fund balance reserve which indicates thai lhey do not constitute "available spendable resources." COmptnSaled Abs~nces: The District's employees accumulate sick and annual leave based on years of continuous service. Upon termination of employment, employees can receive paymenl for accumulated annual leave, jf they meet certain criteria. Accumulated sick and annual leave payable at September 30. 1996 was $278,464. 7 I I I I I I I I I I I I I I I I I I I - '___~,o..,...."~."';_"',._....,_.._ 1 6G 3 Notes to General Purpose Financial Statements, Continued 1. Summary of Significant Accounting Policies, continued Compensated Absences, continued The amount of compensated absences recorded as expenditures in lhe Governmental Fund Type is the amount accrued during the year that would normally bl liquidated with expend- able available financial resources. Only the current portion of tile liability for compensated absences is recorded in the balance sheet of the Governmental Fund Type, The current por- tion is the amount left unpaid at year-end that normally would be liquidated with expendable available financial resources. The remainder of the liability, if .lIIY, is recorded in the General Long- Term Debt Aecounl Group. AI September 30, J 996 all &ccumulated compensated ab- sences are considered long-term. Tolal Columns on Combined General Purpose Financial Statements - Over;,ew: Total columns on combined general purpose financial statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis Data in these col- umns do not present financial position or results of operations in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. 2. Cash and Investments: AI September 30, ] 996, the carrying amount of the Districl'S deposits, including S2.000,OOO in certificates of deposit, was S2,634,043 and the bank balance was S3,880,072, These deposits were entirely covered by Federal Deposilory Insurance or by collateral pursuant to the Florida Security For Public Deposits Act (Florida St;,tutes Chapter 280). Florida Statures authorize investments in cenificates of deposit, savings accounts, repurchasc agreements, Ihe Local Government Surplus Funds Trusl Fund administered by the Florida State Board of Administration, obligations oflhe V.S Government and government agencies uncon- ditionally guaranteed by the U.S. Government. The District's investment policy permits invest- ments in investmenl savings accounts and ce~jficales of deposit with state-certified, qualified public depositories, Certificates of deposit, savings accounts and bank balances whose values exceed the amounl of Federal Depository Insurance are collateralized pursuant to the Florida Security For Public Deposits Act. Cash and investments consisted oflhe followin'~ at September 30, 1996: Carrying Amount Bank Balance Interest-bearing checking account Money market account $ 95,169 536.674 $ 761.295 ~ 16,777 Lll60 072 $ 634 043 I I I I I I I I I I I I I I I I I I I ,. .-*n_.',_..."........~__,...."'~,.,,,..~..,."'",. .... 1 6G 3 Notes to General Purpose Financial Statements, Continued 3. Inventories: Inventories consisted of the following at September 30, 1996: Fuels and chemicals Aircraft and vehicle pans $ 1,119.:;96 --lli., R!... i.....J.JZ w.a 4. Changes In General Fixed Assets: A summary of changes in general fixed assets follows: Balance October I, 1995 Balance 5e ptem ber 30, Addilfons ~e~! _ -1.9~ Land $ 6,275 $ 0 $ ^ $ 6,275 v Building n5.689 0 10.399 75.290 Leasehold improvements 4,972.092 28.601 0 4,996.693 Aircraft 1,506,069 0 135,000 1,371,069 Heavy equipment 80,755 0 0 80,755 V~hicles 311.291 0 0 311.291 Tools and equipment 759.274 106,671 17,255 650.890 U.113,445 S 135 672 S 162~ $. 1,696 46~ 5. Changes in General Long-Term Debt: The following is a summary of changes in the District's general long-term debt for the year cnded September 30, J 996: Accrued compensaled absences payable, October I, 1995 $ 249,311 29,153 Net increase in accrued compensated absences payable Accrued compensated absences payable. September 30, 1996 s 27 II 484 9 I I I I I I I I I I I I I I I I I I I ~_'-...,-",_..".~"-,.,-"..,,,. -. 3 Notes to General Purpose Financial Statements, Continued 6. Commitments and Conllngencies: The District is commilled under various non-cancelable operating leases for l~e use 0 property and equipment. Total payments under non-cancelable operating leases for Ih,~ year eilded Sep. tember 30, 1996 were $35,685. I Future minimum leasc payments under non-cancelable operating Icases hav;ng remaining terms in excess of one ycar as of September 3D, 1996 arc as follows: 1997 1998 1999 2000 2001 Thcrcatler $ 38,<4<48 38,1:;<4 38.15-4 38.1S<4 38,15-4 88 207 Total future minimum lease paymenls 7. Property Taxes: I Property taxes are levied on November 1 of each ycar, and are due ~nd payable u!",m'l eipl of the nOlice of levy The Collier County. Florida, Tax Collector's omce i,;!!! ""G collect.property taxes on behalf of the District. The tax rale levied upon all of the taxable property in Collier County for mosquito control for the fiscal year ended September 30, 1996 was $,2101 per $1,000 of assessed taxable property value. Property tax revenue is recognized currently in the fiscal year for which the taxes are levied. On May I of each year, unpaid laxes become. lien on the property, The pasl due tax certificates are sold at public auction on May 3 I, 81" 'the pro- ceeds thus collected are remilled to the District 8. Retirement Plan: Plan Dcscription And Pro\'isions: All full,till1e District employees arc participants in e state- wide Florida Retirement System (System) under the authority of Article X, Seclionft~ of the State Constitution and Florida Statutes Chaptc" 112 and 1 21. The payroll for Districftmploy. ees covered by the System for the year, end Seplember 30, ]996 was $1.190,617; the Dislrict's total payroll was $ 1,215,026 for the same period The Dislrict's contributions 10 the plan were $209,287, which rcprescnted approximately 18% of Ihe Districl's covered payroll. The're were no employee contributions to the plan. , t\ Total annual covered payroll of the entire System for its fiscal year ended June 30, 1995 (I he lal- cst fiscal year for which data is available) was approximately $15,5 billion. TOlal annual em- ployer contributions to the System for the 1995 fiscal year were $2.9 billion, The District's contributions were .007% of the requirement for all employers. 10 I I I I I I I I I I I I I I I I I I I '---"'""," ....._.....,.__.,>> .....'.L."., ".... Notes to General Purpose Financial Statements, ContinuerJ 3 ' 8, Retirement Plan, continued Plan Dcscription and Provi,ions, continI/cd Employees who retire at or after age 62 wilh 10 years of creditabl: scrviee (eight ars for elected state officials), 7 years of senior management service and age (,2, 10 years of special risk service and age 55, or 30 years of service regardless of age, ue enti'jed to a retiremeril'benefit, payable for life, equal to 1.5% to 3.3% per year of creditable serv;~e, depending on th class of employee (regular, special risk, etc.), Benefits vest after ten years (eight years for elected stale officials and seven years 0 senior management) of credited service. Vested employees may retire anytime atler vestirg a" incur a 5% benefit reduction for each year prior to normal retirement age. Disability and survivor benefits arc also olTered. Benefits are established by state Slat plan provides for a constant 3% cost-of-living adjustment for retirees, Description of Funding Policy: This is a cost sharing, multi-employer plan availab 0 gov- ernmentalunits within the state and actuarial information with respect to an individual pa icipat- ing entily is not available. Participating employers are required, by statute, to pa)1.iI' onthly contributions at actuarially determined rales thaI, expressed as percentages of annua . overed payroll, arc adequate 10 accumulate sufficient asselS to pay benefits when due. The amount shown below as "pension benefit obligation" is a standardized measure 0 he pre- sent value of pension benefits, adjusted for the ellects of projected salary increases, eSllmaled to be payable in the future as a result of employee service to date. The measure is thcj~ctuarial present value of credited projecled benefits and is intended to help users assess thcmYSlem's funding status on a going-concern basis, assess progress in accumulating sufficient assets to pay benefits when due, and make comparisons among Public Employee Retirement Syste'lits, The measure is independent of and should not be confused with the actuarial funding methl." used to determine contributions to the System. In accordance wilh GASB Statcment Number 5, "Disclosure of Pension Information Public Employee Retirement Systems and Slate and l.ocal Governmental Employers," an~cluarial valuation to determine the pension benefit obligation as of June 3D, 1995 was perfonne<l by the System's consulting actuaries. Significant actuarial assumptions uscd include (a) a ralc~rrelum on (he investment of present and future assets of 3,0% per year compounded annuan~) pro- jected salary increases of 5,5% per year c. ompounded annually, allributable 10 innationi. .. c.) addi- tional projected salary increases of 2,0% per year attributable to seniority/merit:. d (d) a posl-retiremenl benefit increase of 3.0% per year. There were no significant change ade to benefit provisions since the last valuation Al June 3D, 1995 (I he latest year for which dala is available), the pension benefit obligahon was approximalely $47.3 billion. The System's net assets available for benefits on that date'\eerc ap- proximalely $41,6 billion (market value of approximalely $45.2 billion), resulting in an~funded pension benefit obligation of approximately S5. 7 billion. 11 I I I I I I I I I I I I I I I I I I I ,_ c ~~__, ~..___..__......,._".........",_~... 3 Notes to General Purpose Financial Statements, Continued 8, Retiremont Plan, continued Trend Information: Ten-year historical trend information presenting the System's pro ess in accumulating sufficient assets to pay benefits when due is presented :n the System's 1 e 30, 1995 annual financial report, 9. Deferred Compensation Plan: Under agreements with the Suncoast Schools Fed~ra1 Credit Union, Aetna Life Insurance and Annuity Company, and Mutual of America Life Insurance Company, the District offt:{iIS em- ployees a deferred compensation plan created in accordance with il'lternal Revenl~;: CCere Sec- tion 457. The plan, available to all District employees, permits them i::- ~efer i-'ortion(~f their salaries until future years The deferred compensation is not available to employees un.' ..lenni- nation, retirement, death, or unforeseeable emergency. . All amounts of compensation deferred under lhc plan, all property and rights purcha with those amounts, and all income attributable to those amounts, property or rights are (unt~aid or made available to the employee or other beneficiary) solely the property and rights oCI!le Dis- trict (without being restricted to the provisions of benefits under the plan), subject on~ to the claims of the District's general creditors, Parlicipan15' rights under the plan are equallo,!hose of general creditors of the District in an amount equal to the fair market value of the defc1rcd ac- count for each participant. The District believes that it is unlikely that il will use the'i\sets to satisfy the claims of general creditors in the future . The following changes in the Deferred Compensation Plan Agency Fund occurred ~ng the ~r, I Balance Ba Ince October I, September 30, 1995 Addition.L Detetions 1'" S 259506 S 86,~ L (36 OQ3\ :L . ,,~. 85.'" . '''.00'' ! I..... ASSETS Investments with trustee L1AIlILlTlES Deferred compensation payable 12 I I I I I I I I I I I I I I I I I I I \ Coopers &Lybrand I Coop." a. Lybrand l.L.P, I .1 pll",.~\"......I"I"""r~I"m 3 1 6 Independent Accountants' Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Board ofCommissioncrs Collicr Mosquito Control District Naples, Florida We havc audited thc general purpose financial statcments of the Collier Mo~q";!,, Control (thc "District") as of and for the year ended Sept~mber 30, 1996, and have issucd our report \ dated October 29, 1996, We conduct cd our audit in accordance with generally accepted auditing standards and Go\'e A IIdiling Slandard~, issued by the Comptroller General of the United States. Those standards that we plan and perform the audit to obtain reasonable assurance about whether the general financial statements are free of material misstatement. The management of the District is responsible for establishing and maintaining an internal ontrol structure. In fulfilling this responsibility, estimates and judgments by management are require \0 as- sess the expected benefils and rel.1ted costs of internal control structure policies and procedur The objectives of an internal control structure are to provide management with reasonable, but n abso. lute, assurance that assets are safeguarded against loss from unauthorized use or disposition, d Ihal transactions are executed in accordance with management's aulhorization and recorded pro erty to permit the preparation of financial statements in accordance with generally accepted accounti g prin. ciples. Because of inherent limitations in any internal control structure, errors or irregularit es may nevertheless occur and not be detected. Also, projection of any evaluation of the structure I future periods is subject to the risk that procedures may become inadequate because of changes j condi- tions or that the efTectiveness of the design and operation of policies and procedures may dete orale, In planning and performing our audit of the general purpose financial statements of the Distri 'for the year ended September 3D, 1996, we obtained an undcrslanding of the internal control structu ' With respect to the internal control structure, we obtained an understanding of the design of rele nt poli- cies and procedures and whether they have been placed in operation, and we assessed conlr risk in order to detennine our auditing procedures for the purpose of expressing our opinion on th general purpose financial statements and not to provide an opinion on the internal control structure, ccord. ingly, we do not express such an opinion, iSlricl ereon Ime,,1 quire rpose 13 Coopers A lybf."d l.L P .. a member d Coopers & Lybrand Inl8fn"Il()l'I". a Itmtled haDo'lty aSMIC'.I1Cn 1OC00PO'alod '" SWItzerland ."'~. .."'..-,......,.-, I I I I I I I I I I I I I I I I I I I Our consideration of the internal control stnlcture would not necessarily disclose all malters in I ternal control stnlctlJre that might be material Iwakncsscs under standards established by the can Institute ofCertilied Public Accountants. A malerial weakness is a condition ill which the or operation of one or more of the internal control stnlcture elements docs not rcJuce to a rei low level the risk that errors or irregularities in amounts that would be material ir, relation to Ih eral purpose linaneial statements being audited may occur and not be detected within a timely by employees in the normal course of performing their assigned funclions. We nOled no matt volving the internal control structure and its operations that we consider to be material weakne defined above, However, we noted certain matters involving the internal conlrol structure alld its operation I t we have reported to Ihe management of the District in a separate report 10 ma'lagement daled 0 ober 29, 1996, This report is intended solely for the management and Doard of Commissioners of the Collie os- quito Conlrol District, the Auditor General of Ihe Slate of Florida, and III her state and federa eies. Ilowever, this report is a matter of pubtic record and its distribution i~ not limited. ~~~~ Fort Myers, Florida OClober 29, 1996 14 I I I I I I I I I I I I I I I I I I I I Coopers &Lybrand I Coop... & Lyb..nd L.L,P, "D'01"','.I(Y',11 \1.r....'toS Ill'll 3 Independent Accountants' Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Board of Commissioners Collier Mosquito Control District Naplcs, Florida We havc audited the gcneral purposc financial statements of the Collicr Mosquito Contr District (the "District") as of and for the year endcd September 3D, 1996 and have issued our repo thereon dated October 29, 1996. We conducted our audit in accordance with gcnerally acceptcd auditing standards and G 'C!mment Auditing Stalldardr, issued by the Comptroller General of the United States. Those standar s require that we plan and perform the audit to obtain reasonablc assurance about whether Ihe gener purpose financial statements are free of material misstatement Compliance with laws, regulations and contracts applicable to the District is the responsibllty of the District's management. As part of obtaining reasonable assurance about whether the gener purpose financial statements are free of material misstatement, we performed tests of thc District's c mpliance with certain provisions of laws, regulations and contracts, However, the objective of our a dit of the gencral purpose financial statements was not to providc an opinion on overall compliance ith such provisions. Accordingly, we do not express such an opinion, The results of our tests disclosed no instances of noncompliance that are required to b reported herein under Government Auditing StmIJ(lr<l~, This report is intended solely for the use of the management and Doard of Commissioners fthe Col- lier Mosquito Control District, the Auditor General of the State of Florida, and other state nd federal audit agencies However, this report is a matter of public record and its distribution is not I ited. (L.fUM ~ ~ . it II Fort Myers, Florida October 29, 1996 15 Coopers & Lybrand L l fJ. II . momber of eoooer, & lybral"ld Inlern.flo.....l, a hmole-c1 hlllt)lllty aalOClfttlOtllF'lCl)f'pt...led In SWluerland Coopef't & lytlo'lnClll F' '5,1l mPmM' of Coopers ^ t ytlrlll"l(1Ir1Ip,InR!,,'Y'j\1 it .,r:""'M t.olhll.t', .l~...,l('i...rt{~ IN:oronrlt'ttd tr'\ S...,.I/Of'll'lnl1 I I I I I I I I I I I I I I I I I I I l~E~ \ ~... Lybr_ L.L.P. '3 Board of Commissioners Collier Mosquito Control District Naples, Florida We have audited the general purpose financial statements of the Collier Mosquito Control the year ended September 30, 1996, and have issued our report thereoll dated October 29 connection with our audit, we arc submitting the following comments ,'nd recommendat cordance with Chapter 10.550 "Rules of the Auditor General - Local Gove~f1ment:: Enti (Revis':d September 30, 1996) and Section 11.45(3)(a)4" of the Florida Statutes. lStrict for 1996. In ns in ac- Audits" PRIOR YEAR COMMENT WIIIC" CONTINUF.S TO APPLY I. Unreserved Fund Balance is High The District's unreserved rund balance is currently more than $2,600,000 as of Sep 1996, This amount exceeds levels which the District could anticipate would be fund unexpected costs. We are aware Ihat District management has considered th lishing previous budgets but has met limited success in reducing the excess rund bar mber 30, quired to in estab- ce, We recommend the Dislrict review its upcoming funding requirements with the goa of contin- ued reduction in the unreserved fund balance to a level which provides a sufiicie t. but nOI overly conservalive, cushion 10 meet District needs. CURRENT YEAR COMMENTS None We have included in this leller all comments which came to our allention during the co rse of our audit regarding Items 1 through 10, as applicable, of the "Rules of the Auditor General. eal Gov. ernmental Entity Audits," Rule 10.554, Section (I let). In regard to Item 3, nothing cam to our at. tention to cause us to believe that at any time during the year the District met any of the riteria for being in a stale of financial emergency as defined in Florida Statute 218,503( I), Addilio ally, in re- gard to Ilem 4, we represent that the financial report liIed with the Departmenl of Bank g and Fi- nance, pursuant to Florida Statute 218.32( I )(h), is in agreement with the annual financial dit report for Ihe s~me period. 16 Cooper. & Lybtlr\d L L P tla rnembef or Cooper, & Lybrand IntemattOOal. a hmtted "oiItMtrtv a,lKCl8fIo'I rocorporaled '" Swnzel'tand .''''',.,...''''',''''-'''.,,-.......'''---. - ." ~ I I I I I I I I I I I I I I I I I I I "-- ,",'S.,'" ~"',,.'~' ''''''''''''~''''''''~~''_'''''' .~ ,..."",,_~,[,,",...,.+., 1 6 3 This rcport is intendcd solely for thc usc of managcmcnt and the Auditor Gcncral .;Jf the Stat of Flor- ida and should not be used for any othcr purposc. IIowcvcr. this report is a mlt:lcr of pub! record and its distribution is not limited. ~~~~ti. .fJ. Fort Myers, Florida October 29. 1996 17 . ....,<-'",...,....-. ,-- ....~,,,. ""'--""" . ...."'. '.'"".,",..._ 'H" ~..~,,,.,.""~.,"'.._4','....... ..". .~. "''''''' ,._",' '''''~'''_ ",._.,' I I I I I I I I I I I I I I I I I I I Cnlhar mn3Cjuiln ()nnlrol :J)i:ilricl 3 WO NORTlIIH 1,\D N^PI.ES. F10RI[)^ 1VI1!. \1(,\ TFLErITI)Nf. ').11..-1.'';.1(''''1 rA."\, rl.ll...-1.v,.h"l~ December 6, 1996 Board of Commissioners Collier Mosquito Control Dislrict 600 North Road Naples, Flarida 34104-3464 Dear Cammissianers: We acknowledge receipt afthe Management Letter presenled ta you by Coopers and Lybrand is the final step in the completion afthe audit for year ended September 30. 1996, As ',ou are aware, our ending cash balances for the past twa years have been greater than pI We h~ve just experienced the lightest two years far mosquito conlral activity in recent history. hope ta decrease this balance by $400,000 by 09-30-97 and an additianal $400.000 by 09.3 Sincerely, g7k~ 'V~ ~ Frank Van Essen, Director ,() ()~~ JI'I D. Owens, Directar, AdministTlllion 18 A -- \ '"--~_... --'......_- ...........-.........--.......-..-.......,...... ."""..........."~.,,..;,. 'M'k-l-"'''''''''''''~''''-'..4 (~,t4f~fI'''(luil" {~mlrol :J)i.../,'hl (~" M If( flllH '.\1) .." 1'1 , ~ II fill" L\ "I" I I" 0\ I o~"',"HJllt,l t'",.. ,... 11M......." ',uU" If II,."',, '" rf ,I'.' . Il,U .......r .., flU.. "...,.. ."",/l'f 11I.1" " "'",U.' 3 IHl'I'I~t'~.1 -..II_llI.I"C.., \.\\ 'll 11I.I"h\ 'titer. "'" .. \....~. 'tlI \ .0.. I '~I" " February 25. 1997 Clcrk of the Circuit Court Finance Department c/o Dwight E, Brock 2671 Airport Road. Court Plaza III Naples. Florida 34112 Dear Mr, Brock: Enclosed please find the "Public Facilities Report" for the Collier Mosquito Control District required by Florida Statute 189,415 to be delivered to you by March I st of each year. The map which you have showing District boundaries is current. The boundaries have not changed in recent years. Should you wish any other infomJation not included in the report as we have written it, please so advise, Sincerely, ,~ ~: dL__d / Joan D, Owens Director, Administration oJ "" .' ;:-. -:. 'j 0 . ,-:-1 i ~ jdo/s Enclosure ;JA (~.tA('r 1nl),l(~uil(l (~",lr,J ':j)i,llri( I 3 ,,"" ,-:, ll( 1/11(11\1' 'i \/'1" 111'1<111.\ .., /,.\ ,\.,1 I : I ~ I': i I I'. \ . .; _I; , : "UHf 10'" ,...," , ,"", I'''' .. PUBLIC FACILITIES REI'ORl;, SubmIssion Date - February 25,1997 Collier Mosqul!o Control District 600 North Road Napks, Florida 34101,3464 The Collier Mosquito Control District completed its new facililies in June of 1990. "We leasc.'J.e land on which thesc facilities are built from the Naples Airport Authority. We consider tlieso: facilities to be adequate for day to day operations and do not anticipate any additional buildin at this location. Buildings included in our complex District Headquarters and Lab Vehicle Repair and Maintenance Hangar Building Vehicle Storage Building Pesticide Storage Buildmg - 6,400 square feet - 9,600 " - 21.266 " 9,600 " - 2,250 " We arc still considering buil(lIng an aircraft emergency evacuJtion facility on the ImmolCalee All'jXln property. As reported in our Public Facilities Report for 1996, this is in the planningltage only. Studies are still in progress to determine whether or not this IS a feasible solution to priltect our five helicopters should the Naples area be threatened by a hurricane. , The District O\\11S property at 771 Airport Road; this was the location of our headquarters from 962 to May I, 1990. The property is in the process ofbemg sold. Bids were accepted and the award of bid was made. HO"''ever, the closing has nat yet taken place. We anticipate that closing will cur sometine during the next two monlhs. The District encompasses 242 square miles in Collier County and is responsible for the eon mosqulloes within the boundaries outlined on the map which you have on Iile. The DIstnct is goveme.i by a Board of live elected CommiSSioners, We currently have twen \!!Jne foll."m, "np'o,m, ,~'" "p"'" >0' <o,p,'o"" "II m' no, """" ,,,,,,'n< ~ ! ..~ E f ,1 ) '~ ;.Ill m~" -+ ~II;;' NAPLES. GULF aott...... ""'1. OF mull. "i r 'J ... '. MEXI[O .... 1 ":."', . 3M.i.... ... lltf\.[ ~""'1 MIIIIC. .... '10.11"0. <C. Collier M05'1uilo Control District Line - :~~II "1([ l'i \. 11I"'1(> D...lM'A'" ... '''':H ,.... "."'_M_ \...,...... a.~l'- or. - . ColAer mOjfjuilo Conlrol ::DiJlrit:! C't IM.\fLUIO.~ IF...~',.,. l. II C"H...Ul '"UNCI> I. aLA.'<Ol.UD, non .u c.lN'Atl) K. ,,\(~, nE.ul..Uk ltl)8F.JU A ROn.. , It.CoAUT 0 eJ:.ROY OfRICTOI.. F'kA.'IK w v....'l U~ P\.D 600 NORTH ROAD NAPLES, FLORIDA H 1O~-H6~ fELEPHONE941-JJ6_IOOO FAX'MI-lJ6-IIXJ5 CERTIFlCA TE OF B.ill2GET ADOPTION AND TAX LEV'( I HEREBY CERTIFY that the BOARD OF COMMISSIONERS for the COL R MOSQUITO CONTROL DISTRICT, County of Collier, State of Florida, in meeting assembled on September 25, 1996, in Naples, Collier County, Florida, by resolulion, Ieyj~ upon all the tatable property in said District, a special tax of ,1883 mills for the fiscaJ year ending September 30, I 7, solely for the purposes authorized and prescnbed by Chapter 388, Florida Statutes, Following the adoption of the resolution establishing the tax levy, the BO COMMISSIONERS, fur the COLLIER MOSQUITO CONTROL DISTRICT resolved to ado Annual Certified Budget for fiscaJ year ending September 30, 1997, WITNESS MY HAND as Chair, attested by the Secretary, who has affix~d the seal 0 said District this 25th day of September, 1996, A TrEST: -1!!::;;~ ~c,~~ r/rllleF., Brooker, hair ~ Collier mOJljuilo Conlrol ;])iJlricf <---3 6 G .'FA"'''\! l. IUlOl<Ia, C>WIt f"'l.A.'oIC.:'L' , 8lA."<<:1IAlD. "ECkE.TA D'''.u.o lC. PAGl!, lUAst.'U1 a.ueu,r A. lOY'lj I.VftUtTD c>>. . OOUCTO,," FIlA.'lX '" VA'I ~ P\.l') 600 NOR TIJ ROAD NAPLES, FLORIDA H IO~..H6,1 l'F.LFPlIONF 9~I-'JI;.J04~] FAX 9'".~:I6-1()(J5 RESOL!J,TION 8 - 95/~6 WHEREAS, the tontative Detailed Work Plan Budget i:;;~ th~ OLLIER MOSQUITO CONTROL DISTRICT for fiscal year beginning October 1, 1996, and ending September 30, 1997, has been reviewed and approved by this Board and by the Department of Agriculture and Consumer Services, and J WHEREAS, a special ta:c of .1883 m.111s on all taxable property in the COLLIER MOSQUlTO CONTROL DISTRICT has been levied by Resolutlo of t.'le Board of COmmJ.s81oners of the COLLIER MOSQU1TO CONTROL DISTRICT to generate funds to support this budget, I NOW, THEREFORE, BE IT RESOLVED by the Board of COmrn1ssioners of the COLLIER MOSQU1TO CONTROL DISTRICT, in meeting assembled on September 25, 1996, in Collle.r County, FlOrida, that the Annual Cert:lf1ed Budget as approved by this Board and by the Department of Agriculture and consumer Services be hereby adopted. t BE IT FURTHER RESOLVED that a certltled copy of this Resolution together With a Resolution leVYing a special tax of .1883 m.111s and a Cert:1flcate of Budget Adoption and Tax Levy, be dellvp.red to the Property Appraiaitt and the Tax Collector. J HMHHHHHHHMHH_H____H___H_ __ IT IS HEREBY CERTIFIED that the foregoing Is a true and corrJ copy of a Resolution adopted by the Board of COmm1.'1s10ners of the COLLIER MOSQUITO CONTROL DISTRICT at a meeting held September 25, 1996, in ollier Coun ty, Flor1da. L~~ .FE:' BroOker, ~ Francis J, Bla.'1chard, Secretary P <.../' Chair ~ MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners RECEIVED f\PR 1 i 1997 FROM: Derek Johnssen, General Accounting Manager ,.' Cieri< of the Circuit Court/Finance Department DATE: April 10, 1997 ~ () ,1.'- RE: Miscellaneous Correspondence, BCC Agenda Please place the following items on the nex1 available BCC agenda and call me at ex1ension elt6 wittI the date and Miscellaneous Correspondence agenda item number, ~Island Fire Control District Pursuant to Florida Statutes See, 189,418, the Marco Island Fire Control District has submitted the following: 1, 1995-96 Comprehensive ,Il,nnual Financial Report and Audit Report, 2, Public Facility Report as of March 1, 1997. Thank You, n:\",""""\","",,, 1r.,/~7 /&~, 1 6G MARCO ISLAND FIRE DEPARTMENT 1280 SAN MARCO AQAQ MARCO I'lLANO, FLORIDA 3-<1<5.5107 BUSINESS PHONE 194 1) J\lo4.309<\ . FAX 1\lo4') J\lo4.eeoe \1~rch .'I\. 199, Clerk of [he Circuit C01lrt Fin~ncc Dl'r~nml'1l1 clo Dwight E. Brock P. O. Box -l DO I:", 'ilob FL 3-l11~.3f116 RE: 199:",% Reporting Re,!uirell1enl~ l)eM Sirl\l~d<lll1: E:Klo~ed p1e<l~(' fi'HI ~ C()p~' each of tloe 199<,9(, ,\nlll!ilI Financia! ,Audit :~nd Annu<ll Fin~nci~1 Report <AFR'i. The :'v1<lrco blilnd Fire Control District chose not 10 submit reout1<lIIet1er ~jnce there w?~ nothing in the ~udilors reporl to rebut This i~ ~Iso In inform YOll lh~1 for thl' fiscal year 1'.1'.1',96 the :\Iarco Islaml Fire Conlr District had no olJlSlilnding l10nd5, the re ?It' no ('h<ln~es to our cunt'nl ll1ilp ~nd IhNt! <lre no chilnges to ollr regist",red agcnt. Pleilse confirm thill we h<l\'t: met ~lIlhe Reporting Requirements for \99:",96, Thilnk you. Sincerely, L (. .....J(, ( '- ~ (r' (/./, " .. , G~il E, [-{ache Administrilti\'e A5sisl~nl Eneloslln's 1 6G MARCO ISLAND FIRE CONTROL DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 MARCO ISLAND FIRE C~..Q.IU.B~ TABLE OF CONTENTS 1 6G 3 ~ INDEPENDENT ~UDITORS' REPORT 1 GENERAL PURPOSE FINANCI~L STATEMENTS COMBINED BALANCE SHEET - ~LL FUND TYPES AND ~CCOUNT GROUPS 2 COMBINED ST~TEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND B~LANCES - ALL GOVERJ~ENTAL FUND TYPES 3 COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES, BUDGET AND ACTUAL _ GEHERAL FUND AND DEBT SERVICE: rUND 4 STATDre.l<<"r OF Cl\1oJICES 111 )..:lCE.C I-JIO LI)..IHLITIES _ FIDUCIAkY PU"O TYPf ~ NOTES TO FINANCIAL STATEMENTS 6-1~ INDEPENDENT AUDITOR'S REPORT ON THE STUDY AND EVALUATION OF THE SYSTEM OF INTERNAL ACCOUNTING CONTROL 16-17 INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE MATTERS HAVING A MATERIAL EFFECT ON THE FINANCIAL STATEMENTS 18 MANAGEMENT LETTER AS REQUIRED BY FLORIDA STATUTES 11.45 19-20 ,.;."....,._>~... .... 11 ," ~ ROlIX AND A"SOCIATES, CPA, P.A. CERllf-lED PUBUC ACCOUNTANTS 1 6G 3 5u,"" W. Roux, CPA H'lw.,d S ROlJx, CPA .......... A. '('''..(~n In"'JI'llIl[" lit C..oft.fll"\J"""" ,,"tn..nl..~ ~'f)nd.. In""llJl" III ert"""",,,,,,,. Atp,-I"'Unh INDEPENDENT AUDITORS' REPORT To the Commissioners MARCO ISLAND FIRE CONTROL DISTRICT Marco Island, Florida We have audited the accompanying general purpose financial statement , ~I the MARCO ISLAND FIRE CONTROL DISTRICT as of and for the year end~d Sept~aber 30, 1996, as listed in the table of contents. These general purpose finar.~ial statements are the responsibility of the MARCO ISLAND FIRE CONTROL DISTRICT management. Our responsibility is to expr~ss an opinion on thes. tinancial statements based on our audit. l We conducted our audit in accordance with generally ilccepted a diting standards and Government Auditing Standards issued by the Comptroller Ceneral of the United States. Those standards require that we plan and perform the audi t to obtain reasonable assurance aboll t whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant esti.mates made by manaqement, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis (or our opinion. In our opinion, the general purpose financial statements referred t above present fairly, in all material respects, the financial position of the MARCO ISLAND FIRE CONTROL DISTRICT at September 30, 1996, and th~ resultstot its operations for the year then ended in conformity with generally a~cepted accounting principles. D~cember 10, 1996 /'/' ~ ~ /' /,,,K J' /, ./ c,.-... tt'-/ ~-4~~~,/ '- " . /,,. . -1- ""_~",,,,,,,,,,,,,,,,,,,__,,,,,,,,,,,,,,~_,"L..,,,,,"."""",,,,,,,,,,,,,_,,,,.,,__,__,..,. 1 6G , MARCO ISLAND PIRE CONTROL DISTRICT COMBINED BALANCE SHEET - ALL FUND TYPES AND AC~OUNT GROUPS SEPTEMBER 30, 1996 GOVERNMENTAL FUND TYPES CAPITAL ~~ ~~~- ASSETS AND OTHER DEBITS ASSETS Cash Investments Receivables Due from capital projects fund prepaid expenses Land Buildings Equipment Property held under capital lease Amount to be provided for retirement of long-term debt Total Assets L 939.819 $ 11,420 $ 5~,904 889,991 510,:13 14,919 5,106 5,106) 18,383 $ 559.911 LIABILITIES, EQUITY AND OTHER CREDITS LIABILITIES Accounts payable Accrued expenses Compensated absences payable Capital lease payable-Note Total Liabilities $ 176 $ 38,311 72 , 568 10 72.774 38.311 EQUITIES AND OTHER CREDITS Investment in general fixed assets fund balances: Reserved for prepaid items Reserved for capital projects Reserved for pre-financing Reserved for equipment replacement Reserved for capital lease Unreserved, undesignated Total Fund Equity Total Liabilities, Equities and Other credits 18,383 424,498 280,000 245,889 97,302 __1.U..J!Ql 867.075 521.800 $ 939.819 L559.91J. The accompanying notes are an integral part of these statements. -2- 1 6 3 ACCOUNT GROUPS (HEMORANDUM GENERAL GENERAL TOTALS ONLY) fIXED ASSETS LL1...~.:L _~-L_ 1995 $ $ $ 66,324 $ 17,839 1,400,104 ~.,096, 316 14,919 16,042 18,3B3 :..~ .735 25,000 25,000 25,000 150,683 150,6B3 150,683 1,194,225 1,194,225 1,181,021 1,609,880 1,609,880 1,609,880 1.283.412 1 . 28 3-L.1..ll 1. 348.227 $2.979.78~ H, ~~J. 412 S 5.762 93.2 ~5.n}.517 $ $ $ 38,287 $ 72 . 568 43,668 240,497 240,~97 242,238 1. 042.91.2 1.042.912 1.105.989 - 1. 2 83 . 4.l~ 1. 394.2..21 1.435.669 -- 2,979,788 2,979,788 2,966,584 18,383 34,735 424,498 318,742 280,000 280,000 245,889 194,132 97,302 97,302 322.803 196.~ 2.979.788 4.368.663 4.087 .1J,ll $2.979.788 $1.283.412 $ 5.479.743 $5.523.517 "",_"-,__""""""+,~",""~,J'~'""",\"",,,,,,,,,~,_,,,C~'''''''""'''''__~~ 16l MARCO ISLAND FIRE CONTROL DISTRIC~: I COMBINED STATEKE~IT 07 REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES . FOR THE YEARS ENnED SEPTEMBER 30, ..996 REVENUES Taxes Charges for service Interest income Miscellaneous Impact fees Total Revenues EXPENDITURES Current Public Safety: Personal services Operating expenses Capital outlay Debt Service principa 1 Interest Total Expenditures EXCESS OF REVEnUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES AND USES Operating transfers in operating transfers out Total Other Financing Sources And Uses GOVERNMENTAL FUND DEBT SERVICE FUND TYP~_ GENERAL -L~ CAPITAL ~~ $ $ 2,181,067 24,311 70,830 31,181 $ 27,929 - --- 213 , 24Q 241.H9 .......-L..)..Q.:z..L- 3 8 9 1,791,4';2 226,:1l0 79,121 38,111 63,074 --- _~.ll2 -L.-Qli.....ll2 145,953 38. III _.1~ 145.953) _.6..QJ.....Q.2.~ 145,953 48,651) 97 . Jill.) 48.651) 145.95J .LJL...lQ], ) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES 161,855 FUND BALANCES - BEGINNING FUND BALANCES - ENDING 107,756 ~ 705.220 867.075 ~ 416,044 3 O,!,lI,LS -1.2.2. L.. ~2,t181,067 \24,311 98,759 31,181 '213.240 2.548.rn Ill, 91. '" 226,310 117,232 63,074 ~ll 2.280.947 t67.611 , I::::m 267,611 6 SJ388. B75 t statement The accompanying notes are an integral part of these financial ~ 521. 800 -3- ) TOTALS (MEMOAANDUM ONL'i) 1992.-- $2,099,176 15,953 84,888 1,306 177. eu 2.379.154 1,805,161 201,381 10,265 47,820 89.090 2.153.717 225.4)7 136,910 136.91Q.) 225,437 895. en ~1.121.264 _.,.."'_,"',.,......"..,,""...."'..,...""',,""_I!4l___ 1 6G 3 MARCO ISLAND PIRE CONTROL DISTRICT COKllINED STATEXENT OP R~VENUE8 AND EXPE\TDITURES- POR THE YEAR ENDED 8EPTEKBER 30, 11'96 GENEFAL (NON-GAAP AC'j'UAL OM VARIANCE BU~~ETARY FAVORABLE BUDGET ~-NOTE 7 J.ID:ilA~~ , I BUDGET REVENUES Taxes Charges for services Interest income Miscellaneous Impact fees Total Revenues $2,170,054 15,000 50,000 15,000 $2,181,067 24,311 70,830 31,181 2.250.05..4. -1.....307.389 EXPENDITURES Current Public safety: Personal services Operating expenses Capital outlay Debt service: Principal Interest Total Expenditures 1,803,252 1,791,452 364,145 226,310 51,831 79,121 2,219,228 ~.096.883 30.826 -Z_~M 700,000 695,946 ( 48,651) ( 48,651) (280,000) (280,000) (402,175) (402,175) 30.826) 34,880) EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES AND USES Beginning cash balance Operating transfers ir. Operating transfers out Re~erve for prefinancing Reserve for equipment replacement Reserve for capital lease payment Total Other Financing Sources and Uses EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES L $ 175.626 11,013 9,311 20,830 16,181 t 57.335 Ill'SOO 1137,835 27,290: 1122.345 t 79.680 4,054 ~ 4.054 L I these statements. The accompanying notes are an integral part of -.- 1 6G 3 --'-"-"""'-"'''''''''''''"'''''''~''''''--';'~'"'''''''*'''-''' ,."".....'''.,''','''';....''''.'''.,...,-.--- 1 6G 3 MARCO ISLAND FIRE CONTROL DISTRICT 8T~TZXJ:n OJ' C]U.)lGE8 IN ASSETS lUfD LIAJlIL::TIE8 J'IDUCIARY J'UND TYPE - AGENCY FUND POR THE YEAR ENDED SEPTEMBER 30, 1996 BAlANCE B.a.UNCF. OCTOBER 1, SEPTEMBEr< 30 1995 ~~ IU;DUCTIONS 1996 ASSETS Investments $ 43.774 i 14.7U ~ $ 58.525 LIABILITIES Deferred compensation benefits payable ~ 0.774 ~' 14.751 $ j 58.525 The accompanying notes are an integral part of these financial statements -5- MARCO ISLAND FIRE CONTROL DISTRICT NOTES TO FINANCIAL STATEKENTS 1 6G ~ NOTE 1 _ SUMXARY OF SIGNIFICANT ACCOUNTING POLICIES EEPORTING ENTIT~ The Karco Island Fire Control District and the Fir~ Control Board were created by LawS of Florida Chapter 65-1413 as an Independent Special Oistrict to provide fire protection and emergency rescue services in Marco Island, Florida. The three members of the Marco Island Fire control District Board are elected by the voters .living within the district, as created by the Act. BASIS OF PRESENTATION The accounting records of Marco Island Fire Control District are organized on the bacis of funds and account groups, each of which is a separate accounting entity. The operations of each fund are accounted for with a set of sp.parate self-balancing accounts consisting of it~ assets, liabilities, equities, revenue, and expenditurca. The following funds and account groups are used by the District: GOVERUMENTAL flJU[) 1"{PES 1. General run<1 - Account!!. l'u: '111 rl!vc:nuf::S lSflO E::'-'l,..,'<Il.t.ur,ul ....hich are not nccr:>untod fr:>r in nthor !undlil, 11"(1 lire' ""nitllb1. for operating expenditures, 2. Debt Service fund - Accounts for the annual payments of principal and interest o~ long-term debt. 3. capital Projects Fund - Accounts for all receipts and expenditures of impact fees authorized by Chapter 89-456, Laws of Florida. This fund may be used to purchase or construct facilities and equipment required to provide fire protection and related emergency services attributable to new construction within the district. 4. General Fixed Assets Account Group - Accounts for all fixed assets owned by the District, 5. General Long-Term Debt Account Group - Accounts for all long-term debt of the District including accrued compensated absences. FIDUCIARY FUND TYPES 1. Agency Fund Accounts for resources set aside fot employees under Internal Revenue Code section 457 and arE accounted for using the modified accrual basis of accounting. Since this fund is custodial in nature, no measurement of thE results of operations is applicable. -6- , ,'1': "f , .' 1 ~ .... :, .. I;',' " ' , '. .\'. ,'. . ' 1 6G 3 MARCO tsLANU F~RE CONTROL DISTRICT NOTES TO FINANCI~L BT~TEMENTS J!IIOTB 1 _ SUMXARY OF SIGNIFICANT J.CCOUNTIlIG POJ,ICIES - cot'.TINUED ~SIS OF ~OUNTIN~ Funds and account groupS are maintained on a modif~ed ac~rual basis of accounting. Revenues are recorded as received in c~sh except for those revenues susceptible to accrual and any other rev~nues of a material amount not received at the normal time. Expenditure,; are recorded on an accrual basis at the time the liabilities are in~urred. ml.OGET1I.RY DATA J>.n annual budget is prepared for the General Fund ..'nd Debt service Fund by the District Board. All budget amounts presented in the accompanying financial stat~ments have been adjusteo for all revl~;ons of the annual budget approved by tha Oistrict Board, Encumbrances repres~nt commitments rela~ed to unperformed contractS for goods or serv ices. Encumbrances, if r.,aterial. a re reported as reservations 0f fund balances. ASSETS. LIABILITl~ fUND EOUITY CASH 11.11 cash is deposited in financial participating under Florida Statutes in a collateral pool that insures publ ic deposits covered by federal depository insurance, institutions which are multiple institution over and above amo"nts IWvESTMENTS _ All of the Oistrict's surpluS funds are invested with the state Board of Administ~ation which administers a Local Government surplus Funds Trust Fund, PREPAID ITEMS _ Payments made for services which will benefit period~ beyond September 30, 1995 are recorded as prepaid items. GENERAL FIXED ASSETS _ Fixed assets purchased are recorded at cost a: expenditures in the general fund and the general fixed assets aCCoun group at the time of purchase. Genera 1 fixed assets a Iso include property held under capitalized leases, Gifts or contributions of f~ assets are recorded at estimated fair market value at the time ~~ Depreciation is not recorded. bCCRUED CO~~ED ABSENCtS. Employees are allowed to accumulate an unlimited number hours of unUSI sick leave. Upon termination, an employee is ~~id for unused sick lea' up to a maximum of 560 hours as followS: If an employee has five to tl years of service he or she is paid for 25\ of his or her unused si leave; for ten to twenty years of ser/lce the payment is 75\ of unus -7- 1 6G 3 ~RCO ISLAND FIRE CONTROL DISTRICT NOTES TO FINANCIAL STATEKENTS ~OTE 1 _ SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - C~NTINUED ~~9RUED COMPENSATED ABSENCES - CONTINUkQ sicK leave; and if years of service exceeds twenty years 100\ of unused sicK leave is paid, No payment is required if year!. of service is less than five years. Vacation leave accrued by an employee, based on ye.lrs of. service, may be carried forward to the subsequent period and used in that peri~~ or forfeited. Any accrued vacation accumulated duri~q the v~ar of termination of employment will be paid to the employee. The liability related to the allowable unused sick leave and ~tion ~ recorded in the accompanying financial statements in the General IAng- Term Debt account group. l.Qllii::IERM OBLIGAT.1Q.~ Long-term debt is recognized as a liability of a governmental fund ~ due, or when resources have been accumulated in the debt service fund for payment in a following period. For other long-term obligations, only that portion expected to be financed from expendable available financial resources is reported as a fund liability of a governmental fund. The remaining portion of such obligations is reported in the general 10nq- term debt account group. RESERVES ..1JlJLllf.SIGNATIONS OF FUND jlALANCES Reserves in the governmental funds represent portions of fund balance which have been segregated for specific future uses. Designations of fund balances on govern~ental funds represent tentative plans for financial resource utilization in a future period. Such plans are subject to change and may never be legally authorized or result in expenditures. TOTAL COLU1~NS ON GENERAL PURPOSE FINANCIAL STATEMENTS Total columns on the general purpose financial statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate financial analysis. Data in t.hese columns do not present financial position or results of operations in conformity with generally accepted accounting principles; nor is such data comparable to a consolidation. Interfund eliminations have not been made in arriving at the amounts included in these columns. -8- 1 6G 3 MARCO ISLAND FIRE CONTROL DISTRICT NOTES TO FINANCI~L ST~TEMENTS NOTE 2 - DETAILS ON ALL FUNDS AND ~CCOUNT GROUPS ~ AND INVESTMENTS Cash and equity in pooled cash on the combined balan~e sheet at September 10, 1996 is as follows: Cash on hand Cash in Bank demand deposit accounts $ 100 66.224 L- u..1.ll Investments on the combined balance sheet at Septemb~r 30, 1996 j~ as follows: Investment in State BOnrd of Administration Local Government Surplus Funds Trust Fund LL..i.O 'L.l 04 Florida Statute Chapter 218 Section 218,]45 authorizes the District to invest any surplu:; funds in the Local Government Surplus Funds Trust Fund, as created by Section 218.405; obligations guaranteed by the Uni ted States Government: interest bea ring time deposits or sav ing:; accounts in banks or savings and loan associations organized under the laws of Florida or or.ganized under the laws of the United states and situated in the State of Florida; or obligations of the Federal Farm Credit Banks, Federal Home Loan Mortgage Corporation, or Federal Home Loan Bank or its district banks including Federal Home Loan Mortgage Corporation participation certificates or obligations guaranteed by the Government National Mortgage Association. The District's investments at year end arc shown below. All inve:;tments are insured or registered and the securities are held by the District or its agent in the District's name. carrying Value Market --Y.~ Investment in Local Government Surplus Funds Trust Fund $1,400,104 $1,400,104 r.IXf:D ASSETS. A summary of changes in General Fixed Assets follows: Land Buildings Equipment Property held under capital leases Total BALANCES lQLQ.1L9.-2 S 25,000 150,683 1,181,021 BALANCES ADDITIONS DELETI~ 09130/9.2- S $ $ 25,000 150,683 79,121 65,917 1,194,225 ~......[M $ 79.121 $ 65.917 $2.979,788 -1.609.880 $2.966.584 -9- MARCO ISLAND FIRE CONTROL OISTRICT NOTED TO FINANCIAL STATEMENTS 1 6G 3 IIOTE 2 - DETAILS ON ALL FUNOS AND ACCOUNT GROUPS - CONTINUED ~GATIONS UNDER CAPITAL LEASES The District is obligated under capital lease expiring in the year l007. The assets and liabilities under capital leases are recorded at the lower of the present value of the minimum lease payments ~c the !air market value of the asset. Depreciation or amortization is not recorded on assets held under capital leases. A summary of capitalized lease transactions for the year ended September 30, 1996 follows - See Note 10: Lease obligations payable at October 1, 1995 Proceeds from new leases Lease obligations retired $1,105,989 6 3 . .Q]_4. i.L042.915 Minimum future lease payments under capital leases as of September 30, 1996 for each of the next five years and in the aggregate are: Year ending September 30, 1997 1998 1999 2000 2001 2002 .. nd thereafter Total mlnlmum lease payments Less: amount representing interest Present value of minimum lease payments $ 145,953 145,953 145,953 145,953 145,953 -----1l2L.ll1. 1,532,502 489...2JU 1. 1,04~J915 NOTE 3 - LONG TERM DEBT OBLIGATIONS Changes in general long-term debt for the year ended September 30, 1996 are as follows: Payable october 1 Issuedl Payable Proceeds Retired September 30 $ $ 63,094 $1,042,915 -- 1. 741 240.497 $ L ~226 oil. 283.412 Lease obligation payable Compensated absences payable $1,105,989 242.238 ll.J48.227 -10- __lIl',o,'<Ol." ~".._Ir ------,""'~."- ;0 __."'...._".........,..",'..,.,_..--..".. 1 6G 3 MARCO ISLAND FIRE CONTROL DISTRICT NOTES TO FINANCIAL STATEMENTS NOTE 4 - PENSION PLAN OBLIGATION All full-time District employees hired prior to J.,nuary I, 1996 are participants in the Florida Retirement System (Sjstem), a defined benefit, multiple-employer public retirement system which is cont~ol~ed by the State Legislature and administered by the Sta".e of ;'lori'ja, Department of Administration, Division of Retirement. The plan covers a total of approximately 586,000 full-time employees of various governmental units within the State of Florida. Actuarial and other information with respect to an individual participating entity is not ava ilable. The System provides for vesting of benefits after ten years of creditable service. Nonnal retirement benefits are available to employees who retire at or aft<<r age 55 with ten or more years of service. Early r-etirement is availaJ:l,~ after twenty years of service with a five percent reduction of benefits for each year prior to the normal retirement age. Retirement benefits are based upon age, average compensation and years of service credit where average compensation is computed as th€ average of an individual's five highest years of earnings. Participating employer contributions are based upon actuarial determined State-wide rates established by the state of Florida, that expressed as percentages of annual covered payroll, are adequate to accumulate sufficient assets to pay benBfits when due, These rates are applied to employee salaries as follows: regular employees - currently 17.43\: special risk employees - currently 27.10\. Employees do not make contributions to the plan. The District's contribution to this plan 30, 1996 was $303,477 and was paid contributions. for the year ended September by the due dates for the The amount shown below as "pension benefit obligation" is a standardized measure of the present value of pension benefits, adjusted for the effects of projected salary increases, estimated to be payable in the future as a result of employee service to date. The measure is the actuarial present value of credited projected benefits and is intended to help users assess the system's funding status on a going- concern basis, assess progress in accumulating sufficient assets to pay benefits when due, and make comparisons among Public Employee Retirement Systems. The measure is independent of and should not be confused with the actuiirial funding method used to determine contributions to the System. -11- "--,"-",-""".,".,..~"""",.",--....- 1 6G 3 MARCO ISLAND FIRE CONTROL DISTRICT NOTES TO PINANCI~L STATEMENTS NOTB 4 - PENSION PLAN OBLIGATION - CONTINUED The pension benefit obligation for the system as ~ whole, determined through an actuarial valuation wa5 $ 47,3 billion at June 30, 1995, the date of the most recent actuarial report. The report also indic~~e~ that the system had net assets available for benefits ~f approximataly $ 41.6 billion (valued at cost) on that date. The total u/lr"nded I=-rior service cost at June 30, 1995 was approximately $ 5.7 billion and is being amortized over 30 years. District employecs hired after January 1, 1996 are not participants in the above plan, but are instead participants in a plan that was authorized by ~ws of Florida Chapter 95-338, which allows Independent Special Districts to wi~hdraw from the Florida Retirement System and establish their own plan for employees hired after January 1, 1996. The plan was established in accordance with Florida statutes Chapter 175, and is funded in part by an excise tax imposed on property insurance premiums for property within the District. currently there are four participants in this new plan, and the contribution for the year ended September 30, 1996 was $466. NOTE 5 - DEFERRED COMPENSATION PLAN The District offers its employees a deferred com?ensation plan created in accordance with Internal Revenue Code section 457. The plan, available to all employees, permits them to defer a portion of their salary until future years. participation in the plan is optional. The deferred compensation is not available to employees until termination, retirement, death or unforeseeable emergency. All amounts of compensation deferred under the plan, all property and rights pu~sed with those amounts, and all income attributable to those amounts, property or rights are (until paid or made available to the employee or other beneficiary) solely the property and rights of the District subject only to the claims of the District's general creditors. Participants' rights under thc plan are equal to the fair market value of the deferred account for each participant. Assets of the deferred compensation plan are recorded at fair market value and accounted for in an agency fund. It is the opinion of the District's legal counsel that the District has no liability for losses under the plan but does have the duty of due care that would be required of an ordinary prudent investor. The District belicves that it is unlikely that it will use the assets to satisfy the claims of general creditors in the ruture. -12- ~ .' :,+ '! ...-. ,~ ~~ ~r 'I ~. ;' i .~ ~ '. -.......""......-"""..."'><11,,-..-.... MARCO ISLAND FIRE CONTROL DISTRICT NOTES TO FINANCI~L ST~TEKENTB 1 6G 3 NOTE 5 - DEFERRED COMPENSATION PLAN - CONTINUED Investments are managed by the plan's trustee investment options, or a combination thereof. investment option(s) is made by the participants. under one '1~e choice of C",{ two the NOTE , - TAl: REVENUE Tax revenue is shown net of the collection fee expense. The collection fees are deducted from the tax revenue before funds are received by the District. Collection fee expense was $46,787 in 1996 and $44,833 in 1995. Excess fees of $14,919 were refunded to the District in October 1996. These fees have been reflected as a receivable at September 30, 1996. Property taxes become due and payable on November 1st of each year and become delinquent on April 1st of the following year. Discounts on property taxes are allowed for payments made prior to the April 1st delinquent date as follows: November - 4\: December - 3\: January _ 2\; and February - 1%. Tax certificatcs for the full amount of any unpaid taxes and assessments must be scld no later than Junc 1st of each year. Key dates in the property tax c:I-:le for the fiscal year ended September 30, 1996 are as follows: Assessment roll compiled Assessment roll certified Millage resolution approved January 1, 1995 July I, 1995 No later than 95 days following certification of assessment roll Beginning of fiscal year for which taxes have been levied Taxes due and payable(levy date) Property taxes payable: Maximum discount (4\) Due date Delinquent Tax certificates sold October 1, 1995 November 1, 1995 30 days after levy date March 31, 1996 April I, 1996 Prior to June 1, 1996 -1)- ~ r. ~ jP. g; ~ ~9. ~. it'.. ~t ~. ~. ~" i~.';.:.. ~~' ~: !i~~ .- ~ ~: I.. ,1,; 1e ~ ~;,' ~.. ;~' , t ~ ~.~ ' '" I.,.. I ~( , I " . I ."~ ,I: ':. I . ~ .'. . . '. # I: ~ t..... .,. :. ~: I}, ',. ~: .: . . 1 6G 3 MARCO ISL~ FIRE CONTROL DISTRICT NOTES TO FINANCI~L BT~TEMENTS )lOTE 7 - BUDGETS ~ BUDGET~RY ~CCOUNTING The combined statement of revenues, expenditures, and changes in fund balances _ budget and actual for the general fund ~rescnts comparisons of legally adopted budgets with actual data on a bu1getary basis. s~ accounting principles applied for purposes of developing data on a budgetary basis differ significantly from those us~d to present financial statements in conformity with generally accepted accounting principles, a reconciliation of res~ltant differences in excess (deficiency) of revenues and other sources of financial resources ~ expenditures and other uses of financial resources for the year eJ'ded September 3D, 1996 is presented below: GeneI:,l _..f.Y.nL-- Excess of revenues and other sources over (under) expenditurec and other uses (GUP basis) S 165,799 Adjustments: Accounts receivable Accrued expenses Prepaid expenses 1,123 27,232 16.35~ Excess of revenues and other sources over (under) expenditures and other uses (Budgetary basis) L210.506 NOTE 8 - REL~TED PARTY TRANSACTIONS There were no related party transactions during the curren~ fiscal year. NOTE 9 - LITIG~TION In the opinion of the District's legal counsel, there are no material suits or pending litigation which will materially affect the financial statements of the Marco Island Fire Control District. -14- 1 6G 3 '.' , (;. i:. '1~ ":: ;f, ~, . J"j \, :.~ ~~. t ~ '( ~.~ i . MARCO ISLAND FIRE CONTROL DISTRICT NOTES TO FrNANCI~L STATEMENTS i: 110'1'. 10 - COKPlITMENTS f~:'" .' j~; i~ ~r /\ The District entered into a lease purchase agr'eement with First Continental Financial Corporation, an Arkansas corporation, dated January 23, 1992. The lease purchase agreement has an aggregate cost of not more than $ 1,570,000 and includes interest at the rate of 7,60\. The initial lease term was January 23, 1992 through September 30, 1992 and contains fifteen consecutive one year renewal lea~e terms. The lease termination date is January 25, 2007. (, This lease purchase agreement is subject to annual appropriatlons. T~ere is no legal obligation to pay the lease beyond each budget year. \[ 'r" \!; ~] ~, ~ . f: I'" ,Y ~ :f. ni; W \~., , t~. ) 1 ,~ it 1'q ~ ~ It :~ I ~ ~. i if The lease purchase also contains an irrevocable option to purchase at any time during the lease term. The option price is based on the balance due lessor at the appli~able basic rent payment date and is calculated based on the original aggregate costs plus interest, The basic rent paymer.t under the lease purchase in the amount of $88,601.44 is payable semi-annually beginning July 24, 1992. After a prepayment of $249,040 in January, 1994, a revised monthly payment of $72,976.30 was effective since the lessor desired to keep the original term length of the lease. Total basic rent payments over the en t ire lease term, aa r.evised, including rene'"als, amounts to $2,507,0112. -15- Roux AND AsSOCIATES, CPA, PA. CERTIFIED Punuc ACCOUNTANTS 1 6G ~ I' '. ::' ,,: Susan VI.'. Rowe. CPA Howord S, Raux, CPA ~kmt..., """-'neln I.....,~.... C'If (("rt.....ll ,.~" "'r .ounU',f' flrono.1J In"'lIlJll." rA ulftf-.lI'"JhIl'l A' ,'u.,nurw, INDEPElmENT AUDITORS' REPORT ON THE STUDY AND EVALUATION OF THE SYSTEM OF INTERNAL ACCOUNTING CONTROL December la, 1996 To the Commissioners Harco Island Fire control District Marco Island, Florida We have audited the general purpose financial statements of Marco Isl~nd Fire control District as of and for the year ended september 30, 1996, and have issued our report thereon dated December 10, 1996. , il " \ t, \~ " We conducted (Jur audit in accordance with generally accepted auditing standards and Government Auditing standards, issued by the Comptroller General of the United states. Those standards require t,hat we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. i ~, ! I; I; ~t ., i {) ~' l. li, t: ij ~ ~ I In planning and performing our audit of the general purpose financial statements of the Marco Island Fire Control District for the year ended September 30, 1996, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control structure. The management of Marco Island rire control Oistrict is resoonsible for establishing and maintaining an internal control structure. I~ fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate beci'use of changes in conditions or that the effectiveness of the design and operation or policies and procedures may deteriorate. For the purpose of this report, we have classified the significant internal control structure and procedures in the following categories: -16- _.,.,.~..<..,_-,,,,-,",,,,,-,-"-,,-,,,,,,<--,,,,-,,,.,,,," , ':: 1 6G 3 INDEPENDENT AUDITORS' REPORT ON THE STUDY AND EVALUATION OF THE SYSTEH or INTERNAL ACCOUNTING CONTROL - 'ONTINUED For the purpose of this report, we have classified the si9~ificant ~nter~al control structure and procedures in the following categories: Budget General accounting Cash receipts Investments property, plant and equipment Purchases and accounts payable payroll For all of the internal control structure categories listed above, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk. We noted no matters involving the internal control structure and its operation that we consider to be a reportable condition under s'tandards established by the American Institute of certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control structure that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. A material weakness is a reportable cond i tion in which the design or operation of the specific internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses as defined above. This report the Marco restriction is a matter is intended for the information of management and the members of Island Fire Control District Board of Commissioners. This is not intended to limit the distribution of this report, which of public record. J ,0 u r; t' l. ,. i! t: r; ~' .~. /? /7 -?J /~ .-,/ ~.... / C/' h, /1 -17- ~--""'-,..--"- 1 , , . '.. ~ .. ,I I . ~ ~:.:" ') , .' . ': '.: , . " Roux AND AssOCIATE..", CPA, P.A, CERllF1ED PUBUC ACCOUNTANTS 1 6G 3 Su,;an W. Roux, CPA Howard S Rou" CPA ~...mt.., \,oo'no. In 11'I....1IUl< 0( (...."JIII."\.I ',,.N. ""'l(ll~,."nh tll..,.1.I "Wltull' II un",", "1.1"'"' Ao.'-fJul"lUf'Iil.. INDEPENDENT l'\UDITOllS I REPORT ON COMPLIl'\NCE HATTERS HAVING l'\ HATERIl'\L JJFEC'l' ON THE FINl'\NCIAL 8'l'l'\TEItENTS December 10, 1996 To the Commissioners Marco Island Fire Control District Marco Island, Florida We have audited the financial statements of the Marco Isla~= ~ice Co~trol District for the year ended september 30, 1996, and h~ve issued our report thereon dated December 10, 1996. We conducted OUI' audit in accordance with generally accepted auditing standards and Governmental Auditing Standards, issued by the Comptroller General of the united States. Those standards requi.re that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to Marco Island Fire Control District is the responsibility of Marco Island Fire control District's management. As part of Obtaining reasonable assurance about whether the financial statements are free from material misstatement, we performed tests of Marco Island AFire Control District's compliance with certain provisions of laws, regulations, contracts and grants. However the objective of our audit of the general purpose financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. This report is intended for the information of the Commissioners, management, and the state of Florida. This restriction is not intended to limit the distribution of this report, which is a matter of public record. v~ -v' /j_~__~z;, c.//, f' / c."GF.r~r ~ -' I IV' . -18- 4280 E. Tamiami Tr.lil, SuilC 303 . :>:aplc" Florid" 3,\ 112 . (911) 77;-8776 . Fox (9-11) 77;,3793 ,1; ~I I' I~L Raux AND ASSOCIATES, CPA, P.A. CERTlFlED PUllUC ACCOUNTANTS 1 6G 3 SUSJn W', J{oux. CP.., How;ud S Rou.'\(, CPA \lo.'''~''.1 A ~.nr:J" 1.,,"',f\J!C' nt r:...I1I!k'd rut-.I.. "("",,naJI'lII~ fln",1.1 1n.;.l1t\ff(, of (c rtJ,.-d ,"uhl... AH"r...,l'IUnh KAN~GEMENT LETTER ~8 REQUIRED BY FLORID~ BTATU~E8 11.'5 December 10, 1996 To the commissioners Marco Island Fire control District Marco Island, Florida As required by the Rules of the Auditor General, Chapter 10.550, concerning Local Governmental Entity Audits, the following are our findings and comments relating to the examination of the financial records of the Marco Island Fire control District for the year ended September JO, 1996, This letter relates to the following items: 1) Schedule of irregularities and recommendations made in the preceding financial audit and corrective action taken. 2) Current year recommendations to improve the District's present financial management, accounting procedures, and internal accounting control. 3) Summary of violations of laws, rules and regula~ions discovered within the scope of the financial audit which mayor may not materially affect the financial statements. 4) Illegal or improper expenditures discovered within the scope of the financial audit which mayor may not affect the financial statements. 5) Other matters requiring correction which mayor may not materially affect the financial statements. 6) A statement as to whether or not the District is in a state of financial emergency as described in FS 218.503(1). 7) A statement that the financial report filed with the Department of Banking and Finance is in agreement with the annual financial audit for the year ended September 30, 1996. -19- 4280 E. Tami,mi Trail, SUltc 303 . :'o:'plc" Florida 3,. II! . (941) 77;,8776 . F"~ (911) 77'\'3793 l ~ ~ ~ ff ~, K ~ 11 t I~i ~'"' 1 6G 3 ~GEMENT LETTER AS REQUIRED BY FLORIDA STATUTES 11.45 - CONTINUED 1} schedule of irregularities and recommendations made in the preceding financial audit and corrective action taken: RecommendatiQn ~ective b&1ion Taken There were no irregularities or recommendations made il; precedins financial audit 2} current year recommendations to improve the District's present financial aanagement, accounting procedures, and internal control: There are no recommendationG in the current year. 3} summary of violations of laws, rules and regulations discovered within the scope of the financial audit that mayor may not materially affect the financial statements: Within the scope of the financial audit we discovered no violations of laws, rules or regulations which mayor may not materially affect the financial statements, 4} Illegal or improper expenditures which mayor may not materially affect the financial statements: Within the scope of the financial audit we discovered no illegal or improper expenditures which mayor may not materially affect the financial statements. 5} Other matters requiring correction: within the scope of the financial audit we did not discover any other matters requiring correction which mayor may not materially affect the financial statements. 6} Statement regarding whether or not the District is in a state of financial ellllllrgency: The District was not in a state of financial emergency at the end of the fiscal year or at any time during the fiscal year. This is to confirm that the financial report filed with the Department of Banking and Finance for the year ended September 30, 1996 is in agreement with the annual financial audit for the year ended September 30, 1996. /;:...- --./ ,/ /' t t' ,'/ ?&-~~" .'- / f.. //. . .. ~ I; . -20- ~ I \ I I' ~ ~ \ \ \ \ ; w ~ ,.: '(! '" o~~~ .~~~o. ~s~~/' .: I/) .... 0 .... ex:: o 0- W ex:: ....J ~ U z <2: ~ 1.1. .... Z w :!E z ex:: to w~ > <O~ ge>:g CC:....J(J) 0<..... ....JUex:: 1.1.0<2: u.....JW O....J>- w<2:....J ....::><2: <2:ZU ....Z~ cn<2:u. : " ~ ~ o " t ~ !i l; :~ ~ z o i= <l: U u:: i= ~ w u ... S aioi ~~ .. Cl. "i g o u ~"tl .... <::: :J .. o .. .... - o l! - :J III u .. u ~ .. .. III .c: '- - c: 2 'e ~~ 'i: "tl .. .. u1:: "tl 0 ~ f ,!:, <::: ~ .g "tl '" 5 e ..,2 s ,~ .. '" ~5 S... NS t) 'C Vi (5 e c o 0.. mE ... .. u:<::: "U ffi~ 11'5 0';; u- ro& ~Vl " l1l o a:: o u Cii -0 ~ c c: l1l ~~ ~ o~ u 0Cl-ti ro ~~ ~ "C "- III o CI:l C CII E E CII > o ~ to .< '0 c: III E "- 'iU .J: o -? \,(') '<l' ~ '<l' I"'l ..i ~ " '0/ , y OJ ~ '" ') A " E .. z ~~ ~J .~ IVI t o 0- P! .... " u t: o 'ii U <::: ... .. Q) <::: ~::: O:E :E~ S~ ~ E ".. W4: </) i ~ .~ ~~ g> ~ ~ is 4 ro ~ H 01 \"""" 0 ~ ~ N u~ ~-go~ ~ ~ ~~ ~ ~ & 15 C t: :;r J: 4 0 o en ";'0 u ;; c = l1> u,,":g'.D ~ 1: ;.~ ~ ~ g" E 4: 0, ~ ~ o c: .c: 0 Q) go </) E :; d> co ~ a.. z CD .0 E E CD ~ .0 o E o E z )( :J l1l en u.. .... .. :c u .... _0 .~ l>> .r::.';: oj:: z o i= <l: ~ a:: o u.. '~ ...J '(2 W Z W ~ ~ 1 6G ~ </) Q) "3 iii U) l1l " "g U:.1 ~i I"'l" :I"" <<ri <['i! 01 ~i ~ 5;' 10 ..:: i ro u", 0- ~I :ll 5- 5 .~~ C "0 ~ "ro Q)<:: 0. '5.i ~ ~l ~ ~.1 0. Q.)~ - i;~ g :r:-!. ::: 3 ~ o I"'l en o "C Q) " c Q) ro Q) >- ~ u </) u: q, ii t n ~i E . H ... p:' ~ ~4 ~ ! I- i i a! c: ~.9 Ii ~ rt ~ Ji ; ~:q Iii ; ~ ~ s "'!. ~ ~ 15 i ~ ll~ ~ -:... ~ <( ~..! t' '. ' ' -.:' ..' .' " 1 1 6G 3 Flii'\D GROt P REVENUES AND EXPE;\DlTl 'RES/EXPF ~SES 1995-96 REPORTING ENTITY:Marco 1 sland Fi re clj~_ID N1J\i1BER._~___ District REPORTING FUND GROUP: General Fun-! - 001 REVENUES AND OTHER CREDITS (311.000 THROUGH 390,000) \Vhole Dollars Only Mmu.n0i.9.. D.lliriuli2.1L---.--- .lm.Q1l.Ili } ~~., ?O_O_ 342.500 --- --- _'E 1. ,go_o. J92,Q.OJ1_ .~d ValorelTl Taxes ----~------- ---3.~.~~ 24,311 _-1ll. A 10 11 1 R 1 .1J.l...~ns"ectiun Fees jnt ere5t lD..(;om" J.J..I:..har:.Ji.Ls.c.c.l.l.a=.us.-R.c~ TOTAL REVE:-lUES A:-lD OTHER CREDITS Duplicate this page ii additional lines are needed FOfu'v1 DBF-A.-\-403 (Rev \ 019196) ~07.389 .. ,,... 1 6G 3 FC~D GROLP REVENUE.S AND EXPE~DnCRES/E.XPLNSES 1995-96 REPORTING ENTlTYMHCO Island Fire controlfD NUMBER:. 202 Di strict REPORTING FUND GROUP Debt Servlc,=,. F'Jnd - 200.._- REVENUES AJ'I;D OTHER CREDITS (31/.000 THROUGH 390,000) Whole Do:!nrs Onl:; ~Ull ~.ll.lll1LQ. ~s(ription --- -.-- --- - - - - - -- ---.------------ .------ --- --- --- ---..-- --- --- ---- --- --- --- --~- ------ - - - .- - - -- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- o TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed FORM DBF-AA-403 (Rev. 10/9/96) 1 6G 3 FUND GROLP REVENUES AND EXPE;\iDlTlJRES/EXPE~SES 1995-96 REPORTING ENTlTYMarco Island Fire Contro!JD NUMBER: 202 Oistrict REPORTING FUND GROUP~LQj~~..JlQ.:L REV~NUES AND OTHER CREDITS (3Il.OOO THROUGI/390.000) Whole Dollars Only ,'crollnt :'>0. DnuiDtion dm<lllll.1 ~~J_, J?Q ~~1_ ' .9QQ ~ct Fer.~ Interest Tnrnmp t13,240 77 02.9..-__ TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed FORM DBF-AA-403 (Rev 10/9/96) 241.169 -,.,._~__"..._II& 1 6G 3 Ftn'iD GROt. r REVEl'iVES AND EXPEl'iDITLRES/EXPF.NSES 1995-96 REPORTINGENTITY:'Aarr:n Island Fire Control District m NUMBI:."R: 202 REPORTING FUND GROUP: Genera 1 Fund - 00\ E)o(PEND1TURES ,4,\'D OTHER DEBITS (51 I THROUGll 592) \Vhole [;~\Iars Only d.~counl :-;0, Q.bllli ~lion ~Dj 522 2?. 2_ ~U_ \0 Personal Servicg~____ }Q Operatina ExoenS~___ J>Q Capi ta 1 Out.Ll..Y__--- ....J_..2~1 ' 4 5 2 _J],G,310 79,12\ TOTAL EXPENDITURES AND OTHER DEBITS Duplicale this page if additional lines are needed. FORM DBF-AA-403 (Rev 10/9/96) 2 2.091'>.883 1 bG 3 1 6G 3 FUND GROUP REVE:\UES AND EXPENDITlJRES/EXPE~;SES 1995-96 REPORTINGENTlTY: "IHrn T"l~nn F'ir<' In NU1vffiER: ?O? Control District REPORTING FUND GROUP: Debt Service Fund - 200 EXPENDITURES AND OTHER DEBITS (5/ / THROUGH 592) Whole Dollars Only .:lli.2.\UJ~ Qb.ill! Ulli.riu\.iQn A.mmI.n! ~U_ JQ Debt '~e 145.953 TOTAL EXPE:-lDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 (Rev, 10/9/96) 2 145.953 ------_."....,,-,.~...'" "-""""""""""~-""--'^"-- 1 6G 3 FlJND GROCP REVENUES AND EXI'ENDlTl:RES/EXPE'iSES 1995-96 lD NUMBEk: 202 REPORTING ENTITY:Marco Island fire Control District REPORTING FUND GROUP: Capital Projects fund - 300 EXPEiVDITURES AND OTHER DEBITS (511 THROUGH 592) Whole Dollars Only LlltJUI~ Q.bk{1 ll.lliLi!l1i!w &n.2lLn1 522 6_0_ _Capital Out1~y J A ] J ] TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 (Rev. 10/9/96) 2 1R 111 .-.....,,'-............ ) I 1 6G 3 ISDEPESD!'.ST DISI RICI I'I:BI.IC FM'II.ITY IUJ'ORT MAR(,II I. 1')!)7 97 i'l~r. -j t,:i f: 4Z e I ~ 1(. 'J:"-:' , II. ' ,.1. The Marco Isl~nd Fire ('Dnlrol Di.snicl consists 01 Iwo f~cililil's. n.~sc f~l'Ihlies Me known 'IS SI~lion "0 "nd SI"lion "I A-I SI"tion ~O IS the m~in stalion. This f"rilily houses Ihrel' (.'1 pinn or fire "ppil1"lllS, Ollt' (I) Il'Sl'lvl'd al'p"I"tu" thll'e (.') supporl ,"ehidl's, lIinl' (I)) rirdighlers pn shili, Inw (2) code enforcement :;taff and Ihree (-'I "dminislraliw staff A.2 The department rL'SIWmktllO ~ I('t;d 01 1727 calls of "hich 7RI 'H'rl' fire rc1all'd and "2 Wl're reported "s slructure fires, A.,' Slalion "0 is loc<lted at 12RO San \-1"1('(1 Road, Stillion" 1 IS ID('~ted at 7~ I Elke"l1l Circle. B.I Slallon <;0. TIllS f"cilily was huill in (')')2. !t is a one slor~' huildin!! wilh living quaner wilh " HO S'IUHl' fnnl sDei,,( h;ll1. Thl' huilding. is ('lHlstruelcd IOO'i l1l~sonry he~rin!! ,,",,'b. The roof is truss wilh lile. FI00r "rea 10t,,1 U,OOO squart' kel. n.2 Stalinn" I - This filcilily w~s huilt In 1%9 It is ~ one story huildill!! wilh living q\l~rtcr~ illH.t nn !';()cif\1 h~11. Tht., h\lilding i~ conslruc!l'd lOOt,; lII~sonr)' he~ring. \\'~lIs. The rnof is the common huilt-up type. Fle,or Mea tnlals I.')~(, s'I""re floe! ('.1 S!~lion <;0 - The distliet pl"ns onl\' routinl' lI1ililltellilnCl' of Ihis huildin/;!. ('.2 St"tl<ln.' I ' The district plilns onl\' routine milinlen"ncc of Ihis huildin!!. D-I St"tion SO ' l.cilse purchilsc il!!reemenl "'lIh LaS.ll1e Bank of Chicago for S U 70,000. 0,2 Station.' I - no finilncing. 1',1 SI"lion ~O - The dislrict IIses lhis f~cillly as 0111 Illilin stalion. ['.' Sl"tinn S I . This slalion will fL'lll"in 01'<'1\ ~s il tr"ining filcilily MId IIsl'd for l1Iechilnic~1 rep~irs 10 "l'hides ilnd "pparallls. --- 1 6G ) ~;HCO Island Firc Control District Indepenuent District Puhlic faCIlity Report Page 2 of 2 March I. 1997 f-I Station ~O' This facility houses four (4) piec'es of lire app,ua:'ls. thr('~ (3) support vehicks, nine (9) firefighters per shift. tow (2) code enfor('ement staff. and tlnee (:\) administrative staff The slat ion demands are anticipateu to he 17~O ca1\s for the district. 1',2 Station ~ I _ This facilily will be useu for lmining and nll~chanical repairs 10 vehicles and apparatus. "-,;";,,,,,,,,,"'k,,,*"'ii_~___ I 1 6G 3 MEMORANDUM Mlsc, Correspondence Agen:ta Date _ Agenda Item It TO: Sue Filson, Administrative Assistant Board of County Commissioners RECEIVED 4PR 1997 FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department ~O,jr r or,. , :"''1 DATE: April 10, 1997 RE: Miscellaneous Correspondence. BCC Agenda Please place the following items on the next al/ailatle BCC agenda and call me at extension 8516 with the datil and Miscellaneous Correspondence agenda item number. J&l~UY~...JPlselVatlon Oisllict Pursuant to Florida Statutes Sec, 189,418, the Collier Soil & Water Conservation Distric;1 has submitted the following: 1. General Purpose Financial Statements for year ended September 30, 1996 2, Management Letter and Auditor's Report, Thank You. n"IpOCIaI,,,,,,,,,,, f;;,',,: -ff/C,/9,7 _ 1(,.. (;,. (.~ PERRINO & ASSOCIATES ,~ 1 6G 3 Certified Publjc Accountants Collier Soil and Water Conservation District Audited Financial Statements For the Years Ended September 30, 1996 and 1995 1 6G 3 Collier Soil and Water Conservation District Audited Financial Statements For the Years Ended September 30, 1996 and 1995 1 6G 3 I.allk..oLCanl.C~ ~ .~ . l- . N ~ . Independent Auditors' Report Combined Balance Shcet ' Go....ernmental Fund Type and Account Group 2 Statement of Revenues, Expenditures, and Changes in Fund Balance, General Fund ~ Notes to Financial Statements 4.7 Independent Auditors' Report on Legal Compliance Based on an Audit of the General Purpose Financial Slatemer,ts Performed in Accordance With GovrmmrnlOl Audit;n;: Srandard.l 8.9 Independent Auditors' Report on Internal Control Structure &sed on an Audit of General Purpose Financial Statements Performed in Accordance with Gm'ernmrnr Audirin): Srandard.l 10.11 Independent AudilOrs' Recommendation Report 12.13 l. i . . . . "~ '1- .~ iI J . . . i t 1. ~ je ~ Suitt 133 4100 Corpontt 5'1"'" Naples. AOOda 3m2 Ttl.phont (904J) 434.,1\299 Fax (9041) 434-72-10 PERRINo &: AsSOCIATES 0:rt16td Public: Aa:ountarb and C~ .... Pmf...io...' Corpo,.lio" 1 6G 3 Suitt XO 214 South Sixth Slrft1 S;:>ringlitld, lUinoi. 62701 TtltpMnt (217) 5n-4113 Fax (217)523-5919 To Ihe Boaru of Supervisors Collier Soil and W;lll'r Conservation Distlll'ls Naples, rlorida Independent Audilors' I{cport We have audiled th,~ ;tCcompanying gcncral purpme financial statements as imJicaled in the tahle of contents of the Collier Suil and Water Conscr\alion Dislrict as of Sq)lemher ,lU, 1996 and 1995, and for Ihe yc;\rs thcn cndcd. Thesc linanclal S\;llcmcnts arc Ihe respon',ihdity 01 the Districl's managemenl Our r,,';ponsihdiIY is 10 e~.pre" an l'pinion "n Ihest' general purposc flnanc:al SI;IICl1\ellts hased 011 (ll,r ;H1diIS. We cunducled our audil in ;\ccnrdance wilh generally alu'plcd audiling standards and GO\'/'fIIIII/'/If 1I11lliling SWlldllrd, issued hy thc ('(ll'lptrollcr {jcnc",! of the lJnil"d States. Those slandards reqlnre Ih;,1 wc 1'1;\11 and pc'rfulll1 Ihe audil to obt.un reasonahle assuralll'e ahout whclher lhc gencral purpose linanci;lI :itatCI1\Cnts .IIC frce of matcllal misstatenlcnl. An audit includcs examining, on a I.'sl hasls, evidence Sllpporling the al1\011l11\ and disclosures in Ihe gcneral purpose financial statements. An a\ldit also includes assessing the accounting principles used and signiC,,:anl cslimatcs madc hy m;l1lagemenl, as well as evalualing thc "vcrall gcncr.11 purpose financial statement presenl;l\lon. We beli,'w thilt our audll pll1vides a rl'a,on;lble basis for our OpillllH\. In our opinion, Ihe gcneral puqmsc ClIlancial statcments referrcd to ahovc prcscnt fairly. in all material respects, the linancial position of Ihe Collicr Soil anti Watcr Conservation District at Septcmber "0. 11)911, and thc resulls of ils operations for Ihe year Ihen cndcd in conformity wilh generally accepted accounting principles. In accordanec wilh (;"\'<'1'1/111/'1/1 Alulilillg Sl/IlId/ml" wc have also issuetl a report datcd March 15, 1997 on our considcrationof Ihe Collicr Soil and W<ltcr Conscrvation District's internal Cllntrnl structure and a rCpI)ft dated March 15, 1997 on ilS compliancc with laws and regulations, ~) /tZ'L .' . I :, . '. , /'''-' 1 /~ .c .. ~ ~' . ( .I) . V '_' { l (('. <.. c. Perrino & Associales Ceni lied Public Accountanls N<lplcs, Florida March 15, IY97 l! Mf).eE!l AMERICAN INSTITU1'l! Of CPK. . DIVl5ION POll CPA FIIIMS . Il..I.JNOlS CPA 5OCIE'TY . Ft.OIUDA INSTITU1'l! Of CPK. '\- ~ :~ - 1; 'I b\ 3 ..~ ~. ,~ .~ ;1. ~ 1 6G 3 '. fl!'OANCIAL STATEMENTS - '. . . 1IIf____~ . '. S [. ~ P- i !. \ . . . :. Collier S01l and Waler ('()Il,crV;""'" lli\llIcts rllmhined Balance Sheel - GmclIlmclllal F""d Type and Accoun I (j roup Seplembcr ,10, 1'190 ASSETS Cash Accounts re~eivablc Due from other governmcntal agcncies Property and Cljllipmenl Total Assets L1ARlLITIES Accounts payablc Due 10 other governmental agcncles EP A pass through grant Sales tax pa yable Tolal Liahililies .. FUND EQUITY Investment in general fixed assets Eund..~ Unreserved -undesi gnated Total Fund Equity Liabilities and Fund Equity 1 6G 3 Govcrnmcnlal Fund Type G.cns:ral Account (jwup GI:IlillI Total Ml:.Illl.lIaD.l.u~ ~ l22.5 S 27,093 -0- 38,283 63 092 L 128 46~ $ 983 34.286 ,0- ,0, S 35 26Q $ -o- S 63,092 $ 63,092 $ 63.092 --1D...LB2 ,----:.0.: 70182 30107 $ 70 182 S 61 092 $ 113 274 S 91 199 ~~ S 61 092 U38613 $ 128 468 2 $ 50,064 -0- 25,457 __-.:D~ S 75 5~j $ ,0- -0- -0. _(J.(191 L_9.3 _Wl $ 50,064 -0, 25,457 --61..092 LU,UU . 'It $ 4')l) $ -0, $ 499 -0- -0, ,0, 4,~:12 -0- 4,832 _-E _-----=.0: 8 $ 5 ]19 L..---=.O.: L--5..lli SC,: accompanying notes and indcpcndcnl auditors' report. Ul .. . . . . $ {. , ;i. ) i J ~ i. I I !- :1 , j. ,1 Collier Soil and Water Conservation Districts Statement of Revenues, Expenditures. and Changes in Fund Balance General Fund 1 6G 3 Sl4'lember 30 .l9.2.D J~.5. REVENIJF~<; Intergovernmental: County Grant EPA Pass Through Grant South Florida Water Management District Contract USDA - NRCS (Mobile Irrigation Lab) Plat Sales Other Fcvenue Tot<ll Reven,les s -0- 48,315 -0- 53,500 3.605 172 S. 105 792 S 15,114 .0- 71,540 -0- -0- --LQ2.'Z LliU81 EX PEN [)lTU R ES C!1ID:n1 Personal Services: Salaries and Wages Payroll Taxes and Bendits Plat Purchases $ 8.65 I $ 19,172 549 6.787 2,247 ,0- 450 46,754 1,806 1,588 218 -0- 366 1,579 -0, 1,163 -0- 380 -0- 414 3,115 4,100 -0, II -0- 587 -0, 250 48315 -O- S 65717 S 82 785 S 40,075 $ 4,896 10107 25211 S 70m WlU!U ~...ExPtnst.s Contractual Services Insurance Advertising and Printing Office Supplies Operating Supplies Books, Publications, Subscriptions & Memberships Penalties and Fees Professional Fees Misce:"IOCOUS TravLl Rent EPA Pass Through Grant Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Fund Balance. Beginning of Year Fund Balance, End of Year See accompanying notes and independent auditors' report. 3 ....-',,.,,,.,,.."_..- . Collier Soi I and Waler Conscrvatlon DlSlncl Noles 10 hnanCl<1I SlalcII'enls 1 6G 3 " NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLleIE;; .. ~anization Collier Soil and Waler Conservation District is an independent \'CCial district created t'oy the Conservalion Distncts Law of 1937, f'lorida ChaplCr 582, as a !;OVernment subdivi';lon of the Sl<lte for the purpose of promOling and conducting soil an~ water eonsel"/al1oll activitics in Collier County. Florida. The following is a summary of the more significant accounting policies of the Collier Soil and Waler Conservation District (Ihe "Dislrict"): fi Reponj~..f.n1.i~ These finar,cial Slrttenu:nts .:omrri~ all the funcl~ and account groups of the Dislricl. There are no cnll1ponenlunilS which ~h('uld be combined with the reporting entity, ~ EumlACClllw!.inl: The accounlS of lhe Distllcl Me organized on lhe baSIS of a fund and an account group, each of which is considered a separate accounting entity, The operations of the fund are accounted for wilh a separatc set of self-balallcing accounts that comprise its assets, liabilities, fund equity, revenues and e~pendilures, as appropriate, The following fund type and account group is used by the District: ~ Q~lcntal..Ew1d :, GCIlJ:L1LElJnd -llle General Fund is the general operating fund of the District, It accounts for all financial resources, Am1unLGmlUl ') General Fi~ed Asset~ ' This self-balancing account group is used to account for all fi~ed assets of the District which have a cost of $500 or more and an estimated useful life of more than one year, Measurement Focus Gm:.cmll1ental Fun~ ' The General Fund is accountC{j for on a "spending" or "financial now" mC<lsurel11enl focus. This rnr.ans that only current assets and current liabilities arc generally includC{j on Ihe balance sheel. Accordingly. the reported unreserved fund balance (net currcnl assets) is considered a measure of available, spendable or approprinblc resources, Thc Governmental Fund Type operating statement presents increases (revel1llcs) and decreases (e~pcndilures) in net current assets, See accompanying indCf'.:ndenl auditors' rCf'Ort. 4 'i ~ Collier Soil and Walcr Con<;ervaIIC,n IJI~II1CI Notes 10 rinanclal Slalelllenls 1 6G 3 , NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIE.; - CONTINUED A!;J:.lllUllJJruull ' The General Fi~cd Assets Account Group is ';oncemed only with Ihe measurcmcnl of linancial position, II is nOI involved with Ihe rrcasurement of results I'f operalions, '. :) Basis of Accounrine Basis of accounting refers to when revenues and e~penditures arc recognized in the accounts and reponed in the general purpose linancial statements. Basis of accounting related to the timing of the measurement made, regardless of the measuremenl focus applie'.1, ,,. Tht, Governmental Fund Type is accounted r", using the modified accrual basis of accounling, whereby ,cvenur:s are recogr.i7cd wr.en 11lC<lsurahle and available as nel current assels. (j"m receipls arc clJnsidered "measurablc" when in lhe hands of inlermediary collccling gnvernmenls and are recorOlzcd as rcvenues at Ihal lime, E~penditures are generally recognized under the mod; fled aceOJaJ basis of accounting when the relate.d fund liability IS incurred, ,;jl f.iu.~c.l.U\lliJJluil~&:s;.Qun~ The District's annual budget is a management tool that a~sisls its users in analyzing financial activity for its fiscal year ending September 30, :) The District's primary funding sources are federal, slate, and local grants or contracts which have periods that mayor may not coincide with the Dislrict's fiscal year, These grants or coo tracts normally arc for a twelve mooth period, however, they can be awarded for periods shoner or longer than twelve months. . Because of the District's dependency on federal. slate, and local budgelary d<<ision, revenue cstimates are based upon the best available information as to the potential :lllllVl'CeS of funding. The focus is on the actual grant or contract amount expected, The budgel docs oot allempl to estimate if revenue will be deferred 10 a later period, but recognizes all r\"venue in Ihe period the grant or contract is received, ~ The District's Board of Supervison: should formally approve an annual budget, However greater emphasis has been placed on complying with grant and contract terms, conditions. and budgels, These terms and conditions normally specify the period during which costs may be incurred and Ihe types of costs allowed and outline budget restrictions, ~ The District did not formally adopt a budget for the nscal year ended September 30, 1996, I n reviewing events subsequent to September 30. 1996, the newly elected Board has adopted a budget for the fiscal year ending Seplember 30, 1997. tr See accompanying indcpendcnt auditors' report. 5 Collier Soil anti Water Conservation Districl Noles III FinancIal Sl<,lerncnts 1 6G 3 NOTE I ' SUMMM{Y OJ; SIGNIFICANT ACCOUNTING POLlCIl':; - CONTINUED ,:, ful:d..A.ssl:1.5 Fixc:d assets used In the gnvernment.ll fund type operations (gene;al fixed assets) arc accounted for in the C,eneral r'lXlxl Assets A=unt Group, rather th~n in !he governmr~.tal fund, No depreciation has been provitled on general fixed assets, All fiX"": assets arc valued 31 historical cost, or estimated hislorical cost if actual historical cost is not available, Donated fixed ao;.<,C\s arc valued at their estimated fair market value on the date donated, ~a1clAblffiill The District's employees accumulate annual icave based on the numher of years of continllous service. /'nr,llallcal.'e or ~40 hours c.ln he carried forward. At Septemhcr :;0, 199(, there was no Iiahi!lty t'lf cornJX'nsated ahsl'nccs as there were no eligihle employees at ycar end. ) Iu1aL.Colwnn5..U!Ll:.Ql.Jlb.iru:.d...<; la Ie nlen t s Total columns on the combined Sl;\temenlS arc captioned "Memorandulll Only" to indicalc that thcy are prcsr:nttYJ only to faeilil:lIc financial analysis, Data in these columns does llQ\ present fmanclal positIon or results of operations in conformity with generally accepted accoun:ing principles. Nellher is such dala comparablc to a consolidation, Interfund eliminations have not been Illalk in Ihe aggregation of this data, .- ~ Grant or CQllllil>:LRI:.YJ:nu.c.s Grant or contract revenues includes all resources that have hcen expended when received from another entity in accordance with a contract, entitlement, or grant documenl. Deferred revenues include rc.'\Ources received in which appropriate expenditures under the grant or contract program have nol heen made. NOTE 2 . CASH AND INVESTMENTS ;) Deposits - At Septeml1cr .~O. 199(" Ihe cost and carrying amount of the Oistric!'s deposits was $49,965 and the bank balance was $50,244 held in an interest bearing money market acwunl. These deposits were entirely covered by federal depository insurance or collateral pursuant to the Public Depository Security Act of the State of Florida, ., .. ... Investments. Florida Stiltutes authorize inveslments in certificates of deposits, savings accounls, repurchase agreements, lhe Local Government Surplus Funds Trust Fund administered by the F!orida Slate Board of Administrations, and obligations of the U,S, Govl:rnment and Government Agencies, Certificates of deposit, savings accounts and bank balanccs whose valuc exceeds the amount of fcderal depository insurance is collateralized pursuant to the Public Depository Security Act or the State of Florida (Florida Statute Chapter 280), The District has adopted an investment policy in accordance with Florida legislation, 'i See accompanying independent auditors' reporl. 6 .. Collier Soil and W.ler Con\Crvation District Notes 10 FinancIal Statements I 6G '.t NOTE 3, GENERAL FIXED ASSETS A summary of changes in general fixed assets for the year ended September 30. 1996 follows: October J, 1995 Additions Deletions Seplember ~O, 1996 Equiprnenl . II 1> 63,092 -IJ, ---=O~ ~lm NOTE 4 - SELF-INSURANCE PROGRAM .~ The Disrric: is J member of th~ Florida I.c-,gue of Cities self-insurers program for liability insurance which i.s a retrospectively rated policy, The program purcha~s excess and other specific coverage from third party carriers, Members of the program are billed annually for their JXmion of the program based on the prior year's experience modificati:m. and are not asses~able for unanticipated losses incurred by the program, Maximum liabi!it) coverage is $! 00,000 per occurrence and $200,000 in Ihe aggregalr: on an annual basis, Premiums charged during the year amounted to $ 1,588, lJ NOTE 5 - RETIREMENT PLAN :" The District maintains a simplified employee pension plan (a defined conlribulion plan) for employees of the District under section 408(K) of the Inlernal Revenue Code, Employee eligibility commences upon date of employment. providing that the employee is al least eighteen years of age, Employee payments 10 the Plan are discretionary and limited to the smaller of 15% of lotal compcnsalion or $30,000 for each employee. \) The Dislrict had no employees at Ihe end of its fiscal year Seplember 30, 1996. The District mlldc no contributions to the retirement plan during the year, " See accompllnying independent autlitors' report, , ~ 7 ... Sulk 133 .100~ Squart Naples, florid. 33942 T mphono (941) 434-3299 Fu (941) 4J4.72Ml I'ERRINo & AssooATES c..tm.d N>tic A~ I11d ConsuIbnb II ProftslioPUl/ (0'1'0'0';0" 1 6G 3 Suitt JOO 214 Soutll Sixth ~'"nt Sprinv;dd, m;.lOi.t 6:.'7111 Ttlophont (<17) 52>.123 ;:.A Ill7) 52>5'129 To thr: Board of Supervisors Collier Soil and Waler Conservalion Dislricl Naples, Florida Indc~ndt'nl Auditors' Rcpon Oil Lt'gal Compliance Basl:d on :11\ Audit of Ihe Ceneml Purpose financial Stalernl'nls Perfonned in Accordance with Gour/llnelll Alldilill/.: SllIlIdards We have audiled Ihe general purpo<'c linanclal ~lalel1lenlS of Ihe Collier .soil and Waler COO'ocrvalion Dislricl for Ihe year ended Seplcmocr .10, 1996 and have issued our report Ihcn"lO c1al,~d March 15. 1997. We condu<:tl'd our audil in accord;mce wnh generally acceptL-d auditing sl.mdards, and GIIl'/'rmlll'''' Alldilill!: Stalldllrds, is'.ucd by the Complroller Gener;" of the l!n1ied States, Those s1<lOdards require thaI we plan and perform the audil III oblain reasonable assurance .lbout whether Ihe financial stalements are free of material rnisslatemcnl. Compliance wilh laws. r,'gulations. contracts and grants applicahle 10 the Collier Soil and WOller Con~rvalion District is Ihe responsibility of the Dislrict's managemcnl. As part of obtaining reasonable assur.mce aooul whether the tinancial SlalemenlS are free of male rial misstatell1enl. we performed tesls of the Collier Soi) and Water Conservation Dislricl'S compliance wilh cerl.lin provisions of laws. regulalions, COnlracls, and granls, However. our ubje<:live was not to provide an opinion on overall compliance wilh ~u<:h provisions Accordingly, we do nol c~press such an opinion, The results of our lesl indicale that, with respecl 10 the items lested, Collier Soil and Water Conservalion District complied, in all marerial respecls, with the provisions referred 10 in the preceding paragraph, With respect 10 items not lesled, nothing c,lIne to our allention that causcd us to believe that the Dislriclllad not complied, in all material respects, wilh Ihose provisions, We noted certain ill1ll1i1lellal instances of noncompliance as follows: Auditor CieneUlLRule 10400 The ~istrict had nOI performed an inventory of property and equipment as of Ihe balance sheet dale of Ihis repon, The District needs In make a physi<:al inspeclion of cach Ii~ed asset and assess ils usefulness 10 Ihe Ois"icl. ,\ssets no longer in ser..'ce need to he removed from inventory, 1! Mf),QIElt AMF.IUCAN Il'mTlUJ1; OF CPl!. . DMSICN f'Cla CPA F1lIMS . ltUNOlS CPA SOClETY . fU)g)A IN5'lTIVn! OF OW. -8- Collier Soil and Wal.:r Con\Crv"Iilln Dislrict Page Two 1 6G 3 Rul/" 10.400 is very specific on the procedures 10 he \llllized ano the form and content of Ii.ed asset records and rhe Oi.\lric! needs to Institute proccdlJrcs to ensure thai Ihey arc in compliance on a timely basis. This report is intended solciy for the usc of the Collier Soli and Water Conservation DiMrict Buard of Supervisors and the Auditor General of Ihe Sl;pe of Florida, However, this r.:stri':liol1 i~i nnl intended to limit lhc distrihulion of Ihis report which is it mailer of public record, /) /,_ '.'(. 7!(' 1(1..~,/("(C(f/: ._/ Perrino & ASl,(lClales Certified Publi" ACl'llunl,IIHs Naples, Florida March I~, 1997 ,9, Su"e 133 4100 Corporate Sqwrt Napl.., Flonda 33'J.\2 T <i.phon< (941) H\-I329'1 Fax (941) H4..7l4(] PERRINo & AsSOClATES Cmifitd l"ubIic Ao:ounl.ilnl! and Comultant> A ProfrHionnl COrpNQtIOJ1 1 6G 3 Suire 300 214 South Slxth Smol Spnn&fi.ld, lib....,;. 62701 Telephone (217) 52J-.\12J F.. (217) 52J..5929 To the [loard of Supervisors C"llier Soil and Water Conservation District Naples, Florida III(kpelldrlll Auditors' Report on Inlcrnal Conlrnl Structurc R"Sl'd on an Audit of Gcneral Purp~ Fin:ltlrial Slatcnll,"nls Pc'rf"rlllcd in Accnrd:mce with Go"emll/ellt Auditing Stalldrmls '.'Ie h,we ;lIIditd Ihe general purpose fmancial stalel\1L'nts of the Collier Soil and Water Cow;crlillion District for the yei\! end,'d Sl'ptemher 30, 199(, and have i.,sued our rep\lrt then:\lIl dall:d /\1;,rcl1 15. 1'.l'P. \Vt; conduc1c.:d ~'ur ,\lIlIil It' acc..:ordaIICl.: with gl~nci.\lIy ~lCCt.:'rtlnJ auditing s1~\I~dard\. anu C"I\'rrIlI1Ji'''' Il1/Ui/ll/g .\"11/11"1//(/.1, """cd hy Ihe Comptroller Gener;\! of the Unlied Slates. Those standards reY:lire th;1I we pl:u1 anti perform the audil to ontain rea,\lnahle assur.UKe ahotlt whether the general purpose tin;IIKial statemcnts are free of malerial misstatement. The 1l",nagcl1l.,r.1 ,.1' Collier Soil and W~ter Conscrvation l)islricl is resJXlI1sihk for estahlishing and maintainin6 an inlernal conllol struet,,,e, In fuli'illing this respunsihility, estimates and judgments hy managemenl are reyuired to assess the e'peCled Ocnelits and related costs of internal (onlrol SlruCll,re JX)licies and proceduf/:s, The ohjectives of an internal wntrol struCture are to rrovide management with reasonahle, but not \,naulhurized usc of disIXlSilion, and thai trJn~\Ctions arc executed in accordance with management's atllhurizatioo ,lOd recorded properly to permit the preparation of financial st,1tements in accordance with generally accepted accounting rrinciples. Because of inherent limit,1lions in any intemal control structure. errors or irregularities may ne\'cnheless occur and not he detected, Also, projection of any evaluation of the structure to future JX~riods is SUbjL"Clto the risk that procedures may hecome inadequate hecause of changes in conditions or that the effcctiveness of the design and operation of policies and procedures may dcteriorate, In planning and performing otlr audit of the general pu,,~)se linancial statements of the Collier Soil and Water C'HlScrvatlon :)istriet for the YI',II ended Septemher .10, 1996, we ohtailled an undnstand,ng of the inlernal ~1111Clure. With resp.:ct to Ihe IIHernal control structure, we obtained an undnstal\dlng of llle design of relevant policies and procedures ,HId whether they have been placed ill operation and we assessed control risk in order to determine our auditing procedures for the purpose of expressing an opinion on the general purpose financial statements and not to provide an opinion on the internal c'Hllml structure, Accordingly, we do not exp":ss such <In opinion, l! ME>4!lt:l\ AMElUCA. 'l1NS1Tl1JTI Of crt<, ' DMSION POR CP^ mMS ' IUlNOlS CP^ SOCIETY . FlOPJD^ INSTTTVli Of CPt<. ..10.. .",.~_..."W'H''''''''''''''_ Collll'r Soil ,Ind Walcr ('ono",l..'rV;\(IU!l !)\'\!r!..:l \"'bC Tv." 1 6G 3 Our consider.l\ion of Ihe intemal control ,trllclllrc '-"'llld not fll'ces..arily di.....\o\<: .111111.llIcr, in the internal Cl>n I rol struclure Ih,1\ Inight bc Illatenal ....e"knc....c' under ,tal1llanh cstabll\hed by the Amcrican Instilute of Cenii"1,'d Public I\l'l'ounlanls. 1\ m.lll'rial weakness i, a repmtabk (ondilion in which Ihe design or oper.llIon of one or more of Ihe specifIc internal control ,Iru(\ure ekmen" docs not reduce 10 a rdatively low levcl thc ri,k Ihat erwr, or irn'gularilics in ,II11ounl\ that would bc material in rel.lIion to the tinancial ,\;Itemen" neing audiled may occur and not I..: detcctct! within a tinlc1y jJ<:ri,,<J by e1npl"YI'l's in the norm,\! (:Ollr~ of p.:rforming their a"ig:n,'d fUI1\:lIon,. We no,cd the Idlowing: maller, involving Ihe inlernal control strllel\lfe and il\ "I..:ralilll1' thaI \\e con~idC'r to hl..~ mtth:ri;l\ v,;l'akfll'SSl;S as ddinl": abovl'. I. Thc ll"tn(\ ,l1ould e\p.11\l1 ih pl." "d,', h'g: 10 ulclude a ",lul1ln IlIkd "in,oil'e #" lllld ll\illg 11\ ~.dL'\ ill\'OII.:L''\ regularly for hL'lh.:r .\I.:~:oulllil\g of (hi, Oll"tivity. There j\ a I.a:k of \l..'grl'gatinn of dUlil". The D"triet did nol mainlain a running: habl1l'e in ih operating ,1l'(II'"11. nor diJ the Di,lricl prepare a formal reconciliation of il.. bank ae(ount moulhl)'. .l Th.: lli,lrll"\ did nol dcpll\ll rc(c'l'" '\lu.:I)'. ). The Di,tricl did nol haw fOlmalm,'cllng' "n ;, monthl)' ba..i.. tlHoughoulthe r"c,11 y.:ar. ('. Thc lli,lril:1 <Ioc, not have wrillen inlern,Ii contl"I!",I;ci..., a' re4uirc<l h)' FI"ri,la stalut!.:"'. Thi, rcpon is intclllbl ,oldy for Ih... u,e of tltc Collta S"i1 and Waler C"tI",lv"l,,,n D;',lli.:t ,lilt! Ihe ^udilOr Gencral of the Stale of Florida. 1'hi, re,tlictilln " nol intel"kd II' lil11;1 Ihe di,trihulion of thi, rcpon which is a mailer of public record. ,.' /. (' /' il,j(', .////. ( l\:rnrH' 8:. ,\\\o(i~\h:\ Ccrl i Ii cd Puhlic 1\l'C111111Ial1l' N..plc,. 1:lorida [\\..rc11 I). 1997 .11- ~1lI" Inl. _J1NllW"~."_______ Sui,.lJJ 4100 <:orpont. Squ.art Napl.., Aorid. 33942 T.I.phono (94\) 4~ Fa. (941) 134-7l4O PERRINO & A5SOC1ATES Certifi<<\ I'ubtic Ac:xxlUJ'l3nIS oM Cor6ultanlS t\ Proft..io..' Corpora Ii"" 1 6G 3 Suite JOO 214 South Sbth StreeI Springlield, IUinois 627til Tel<phont (217)5:o-1t23 F.. (117' ~!"..59'29 To the Board of Sup<:rvi'>Ors Collier Soil and Waler Conservation District Naples, Flor:da COl11f11issionef\: Thi, \cller i, in rcg;,rd to Ihe alldit"'" report on inlernal control and i, prepared in ac.:onl;lI1l'e with the tllm! GIII'('/'I/1/1('/l1 E/I/l1.I A'Ii/in. (rCVISl.-d SeptemOcr :\U, 199.1) allll SeCl10n 1\ ,-l5\JllaH, of Ihe Flurida ~;IOltutcS ChOlpter 10.)50 Rilles of 111e ""dilor General. The financial rei"'rt tikJ with the Dcpartment of BOln,ing and Finan.:c p\.r\\lant ll\ Sectllln 21l!.J2( 1 )(hl. f'\mid;1 Statnte,. hOls not been tiled as of the date of this \cllef. As p;lrt of Ihe and:\. wc prepOlred the financial report .Ind it is in agrt:Cl11ent wilh the annnal imancial audit rcp'lrt for Ihe peri,l(1 ending ScptemOcr JD, \996. The following comments and recommendations are on \ho~ arc;". which, in onr opinion, need improvement, but arc not material in rdation 10 the financial ,Wlenlt:nts of the Di"rict. 1 . The District has improvL-d its ae.:ounting proccdures regarding di,bur~menl "f funds and rc1aining supporting document<l,ion for each di,bllr~l\1en1. 2, The District should make deposits in a timely fashion, Durin:? our tield wllrk, it ....as noted Ihc monies had lx...:n received and not deposilcd. Thc time peri'l(1 rcached a, mueh as 50 days bel ween receipt ;.nd date deptl..ited. J. The Dislrict nC'l'<.l\ to prepare a monthly rel'oncihatil1n of its pen)' l'."h drawer to imJicale a mOllitoring or Cil~h .1l:tivitic.:!'I. .I. The Di,trictl1\:cd, \0 dcvelop ptllicy .1nd pruccdurcs to en,"re 1he ",fet)' IIf the DIStrict's fmancial information allll record" The following comments rclaw to prior year managcment Ix,ints: \. We recomn,cndcd the District mainlain a general kdgcr on an ongoing basis, Furthcrmorc. we rc'Commendc'<.lthal the District main\:1in ",paralc expense accounts for the different grant programs in order tll verify compliance wilh Ihe grant re4\,irelnenls, Thi, has not bcen ,\C<:ompli,hed .'s of SCl'te1nh,'r .'0, \99h. l! MF.Io<IlEll AMERICAN 1NSITTUl1! Of CPl!. ' DM510N p:)I. CPA FlIlMS ' IlJJNOIS CPA SOClElY . f\.OU)A It6TTT\Tl1! Of CPK. ,12- Collter Soil and W,,\er COfi~~r\'i11illn Di~tricl I'ag.~ Two 1 6G 3 Wc have inclutkd in this Ieller all COl1l1nents which camc to Ollr allcntion during. Ihe eourse of our auJit regarding ltem' of the RII/('.~ (If rhl' AIIJiro, CI'fI('ral- l.ocal GOI'/',/JII1/'fllrIl EmilY AI,dil.~. Rllle 10,554, We note that within Ihe scope of the financial audit no violatIons of laws, rules and regulations were discovered. We note that wilhin the sc,'pe of (he linancial audit. no illegal or irnpn>per expenditures wen: discllvered. Except for the items noted in this klier, the internal control lellcr and the compliance kllcr Ihere were nt' improper or inadequate accollnting proccdures discovcred nor were there any iml<,nces ur failure to properly record linancial tran",;\ctions disco'lcn:d. Thcre afe no c01llpt1l1ent unit' whi,;h s~ould be combined with the repurlillg entity ;1S tldilled in puhllCations ciled in Kule 10.<;:1.' As a result of our ,\lIdi\. we have noted no mancrs thaI wO'.i1d imply that the Collier Soil and Water ConscrvaUon Di,tricl is, "r during. Ihe f"cal year w.". in a stolle or li""'lclal elllerg.ency .1\ a consequcnce of co,,"ition, descrihed in Secti,l11 :! I R.:10.\( I) of the Fh.rida Slalul", /) , // / /1 ,',',' j (' -? ( () J '" (' r d ( ( Perrino & Associates Certified Pnblic Accountants Napks. Florida March 15, 1997 -13- ,,,,,,_,_!l>l""'--IlIOl'" 1 6G 3 I MEMOAANOUM -- Mise, Correspondence Agenda Date _ Agenda Item '- TO: Sue Filson, Administrative Assistant Board of County commissioners RECEIV'=-D FROM: Derek Johnssen. General Accounting Manager", Clerk of the Circuit court/Finance Departm~nt' , \PR :99'; 80Jrl1 d:l'" ,f''''- DATE: April 10, 1997 RE: Miscellaneous Correspondence. BCC Agenda Please place the following Items on the next al/ailable BCC agenda and call me at extension 8516 with the date and Mi$C8llaneoutl Correspondence agenda item number. .filI'..Pt' Manh (".ommun~ Dist1!;:t Pursuant to Aorida Statutes See, 189.418, the Pelican Marsh Community Development District has submitted the following: 1. General Purpose Anancial Statements fO( year ended September 30.1996 2, Management Letter and Management Letter Comments, 3, Local Gol/emment Annual Anancial Report Thank You, n'''----"'' :;1 (p /17 /(P,4 ' "~.",""",,,,,~,,,,,,oc,,,,,,,,,,,,,,,=_,,*, 'Pefican :Marsh ')!~\'- 1 6G \/ 7: Community Dcvclopm~nt District J(J:\()(1 N W Illh Manor+C"r.,1 5prln~'. Flnrld., 31071+!'I1"n.' 14,4) 7,).t!.'lfl+r.,. (9~41 )4,.12'12 April 2. 1097 Clerk of the Circuit Court Financo Department c/o Dwight E. Brock P.O, Box 413016 Naples, FL 34112.3016 Subject: Pelican Marsh Community Oitvelopment District Fiscal Yl'lar 1996 Annual FInancial Report of Units ot Local Government Dear Mr. 8r0Ck' Pursuant 10 Florida St"Mes, Section 21832( 1 }(b), enclosed please find the following: General Purpose Financial Statements September 30, 1996. 2 Management Letter, and Management Letter Comments 3 Local Government Annual Financial Report It YOll have any queslions or require any additional information, please contact me, Yours sincerely, PEUCAN MARSH COMMUNITY DEVELOPMENT DISTRICT ~~",/?J~! James P. Ward Assistant District Manager JPW/rgw Enclosures Rt:CEIIJED ; --n_1 FINANCE 1 6G 3 . ~ 1 ~ } ,. ." 'T1 ~ ... f " ~ ~ t n, ~ ~ -{" :!l~!!l 3 [ c J '" I f ~ ~ ~ t i 0 , ~ .. _. ~ .' !. cnz~ ;t c: ~ ~ ~ .. oC:;;:l ~ ;a '< g ~ " en " , ~ )10 .. ~ , ~ Z !l ~ i ~ ,. - So ~ rro 'T1 1 ~ ~ !'. !! i , .. .. 0 .5 ~ .. .. ~ .. , -<r"n c ~ ' 0;' .. .. . ~ 01 0 ~ ; 3 ' a ;.-. _ 'J ~a;9 ~ i ~ ~ ~ 3 ~ ~ .. l t " - - (') '< r- E ~ ~ :xl 0 ;; 0 ~E ., :l , ...r:xl . 1 , ~ ~ -1 i 0. W 8 i I ;; i: 1086 :;- 0 0 :: ~ 3 10 )10 '" <0 a L ~~ ~ ~ '{' < 1 . 0' '" .. ... .. ~ ~ i;;~ !l 0 H~ , '" Ul :!. . , .. p. "i' .. .. '14 ~ ~z ;; ~ !: 3 w ... : 1 '<; f ~ q .. Ul 0. q, w i . 'v> - 1 .. 0 :q~ a. :!l ~ ... ,W ~ f '" '" Ii f ,;;: 0 z ... 0 '3 i ~ ~ ~ 0; "b a - .!5 ~ . } :; ~ . f : 0 r :xl ~ I ~ ~ ; .. i J " Cl :!l '" ~ '" .. ] " m ,8 :0 l> ,.. Z (S :0 i :x: ~ ... ~ z !f ~ '" i .. ~ ~ ;; ~ .. l' I < .. " - ,~ 1 ~ ~ ~ or o .. . 0 i lJ '2. I 8 .. f 5 .. ~ . ~ / if .. i ! :> ~ , 0 :1 & ;; i ~ ~ ': :r & i ~ 5 f g i-? .. :> i:. i :.;: . g 0 !'. :> 0 " i '" ::t , ;; i .. n -... 0 Cl ~ l ;;; !l i 0 ~ i Q f '" 2 ~ " ~ B 3 it 0 .. :> i .. ~ 'i -, i I ? ' .J a ~\ III ~ i 0: II ~ ~ ~ -: .. a Ii ~ .. - ~ CIl ! ~ 2. I ;; l' .. I: l' .. ~ !f it I I I I :! ~ I I I I ~ FUND GROUP 1 6 G 3 REVENUES AND EXPENDITURESlEXPEl'4SES 1995-96 PEUCAN MARSH COMMUNITY REPORTING ENTm': DEVELOPMENT DISTRICT In NUMBER: 1 030 REPORTlNG FUND GROUP: GENERAL FUND REVENUES AND OTHER CREDrrs (311.000 THROUGH 390,000) Whole Dollars Only Account No. OC5cription h1ll.Q.W1l 363.100 ~66.00~ 369.000 383.000 Special AS5esomonts Confrib~1ions Bnd Donalions trom P,ivato Sources Other Miscellaneous Revenues Procoeds from Capital Lease $1,008,886 124,166 7,243 ~ TOTAL REV ENUES AND OTHER CREDITS $1,160.111 Duplicate this page if additional lines are needed. (confinu"d) FORM DBF,AA-403 (Rev. 10/9/96) FUND GROUP REVENUES AND EXPENDITURESI EXPENSES 1995-96 PELICAN MARSH COMMUNITY REPORTING ENTITY: DEVELOPMENT QlSTRICT 10 ~R 1 6G ':t , 1030 REPORllNG FUND GROUP: GENERAL FUND EXPENDITURES AND OTHER DEDrrS (511 THROUGH 592) Whole Dollars Only Account No. Obie(.l Description Am~!lI 51' 10 512 10 ;13 30 51 4 ----2~- 517 60 --2.'2-- 70 519 _----2~ ~~ 30 539 10 539 30 541 30 BoArd .,1 Supervisors Fees ~anaQemen' Fees Audit Fees Legal Fees Capital Outlay Debt Service Payments Other General Operating Other Public Satety Operating Other Physical Environment-personal services Other Physical EnvIronment-operating exps, Road & Street Facilities $6,600 37,200 8,191 16,765 33.886 5.715 31,599 177 .006 301,296 48,403 471.301 TOTAL EXPENOIT\JRES AND OTHER D!:BfTS SI.137,963 Duplicate this page if additional lines are needed FORM DBF-AA-403 Rev. 10/9/96) 2 _,,,".,,,_..,,,,..,...;;.,~ ,_...,"...,....'.;N.._"", __--m'....----..'-- ". .~ FUND GROUP 1 6 G 3 REVENUESANDEXPENDrruRE~PENSES 1995-96 PELICAN MARSH COMMUNm' REPORllNG ENTITY DEVELOPMENT DISTRICT 10 NUMBER: 1 030 REPORllNG FUND GROUP: DEBT SERVICE FUND REVENUES AIID OTHER CREOfTS (311.000 THROUGH 390,OOO) Whole Dollars Only &nQlL1lI Acr.ount No. De5cription ~~ ~~- 2~ecial Assessments Interesl Incomo $71 3,528 128.079 -- TOTAL REVENUES AND OTHER CREDITS $841.607 Duplicate this page if addilional lines are needed. (continued) FORM DBF,AA-403 (Rev. 10/9196) *,..,., '_'''"'"''''''''".e.","",;;'_''j r'~ r' lII''''_-~-!IIr ..._---~~"....,...,.~' ~." '., '~''::. f,; ~,1'. i'~ ,:.;. ft",', .l,i. .i€, .~ , >0. ,t\.' , ':t~ t{ -;''' I~ I.~it.."".' ('" ~' i~ II \i~:;... I.'i' ~tt;; It' j'" Ii..' ;"". '~~ ~ :::~ ,I: i;;:: ,. ~ i ., :) .. .~ 'i :~ ... ,~ :, ,( ..~ , ~~ ~l '.;~~1, ~ ' " ,~~ $:. '. " FUND GROUP REVENUES AND EXPENDITURESI EXPENSES 1995-96 PELICAN MARSH COMMUNrrv REPORTlNG ENTm': DEVELOPMEr-IT DISTRICT 10 NUMBER: 1 6G 3 1030 REPORTlNG FUND GROJP: DEBT SERVICE FUND EXPENDrruRES AND OTHER DEBfTS (511 THROUGH 592) Whole DoUars Only Account No. Object Description AJn.Q1m1 $1,214.400 517 70 Interest Expense -- TOT AL EXPENomJRES AND OTHER DEBITS $1.214,400 Duplicale this p'lge if additional lines are n~eded. FORM DBF.AA.403 ( Rev. 10/9/96) 2 ,~ 1< " ". " t ~:, ~ t t ., t t c;; f I t :~ -:). ", ; 1 . .'. ;1 .~ ;~ ..."l :# ,~ '~ ,~ ~:t "',~.',.', .. ;, -,a :; "~ ",..'1' '. .'.., .1 ii' ,.' ),., .. , 11 I , j: Ii , tt k ~l~;" " I:; I'" ~~ , t' \ " ~ ~ " .}, " ( FUND GROUP 1 6 G 3 REVENUESANDEXPENorruR~PENSES 1995-96 PELICAN MAflSH C')MMUNfTY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: 1 030 REPORilNG FUND GROJP: CAPITAL PflOJECTS FUND REVENUES AND OTHER CREDfTS (311,"00 THROUGH 3g0.000) Whole Dollare Only Account No. Description Am2JJlll 361,000 Inl0resl Income $2.252 TOTAL REVENUES AND OTHER CReDITS 52,252 Duplicate lhis page if additional lines are needed. (continued) FORM DBF,AA-403 (Rev, 10/9/~) ... . } f. ~ :; '1 i '; I , FUND GROUP REVENUES AND EXPENDfTURESlEXPENSI::S 1995-96 f'ELICAN MARSH COMMUNIT't' REPORTING ENTITY; DEVELOPMENT DlSTIlICT 10 NUMBER: 1 6G 3 1030 REPORTING FUND GFlOUP: PENSION TAUS r FUND l ~ ~ i ,\ ~ ~ .~ REVENUES AND OTHER CAEDfrs (311,000 THROUGH 390.000) Whole Dollars Only Account No, 'p~tio~ AJn5uuU " ;. , 36t .000 368.000 Int~:r~st 'r,come ~~:~i~~~,!!"d Contributions $82 , 3,784 ~ )ci t' , \ t U' i II q: II /; !~ ~i il. i': ,r l TOTAL REVENUES AND OmER CREDITS $13,866 Duplicate this page if addilicnallines are needed. (continuod) FORM DBF.AA,403 (Rev. 10/9/96) ,. , PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT GE~lERAL PIJR?OSE FINANCIAL STATEMENTS. TOGETHER WITH REPORTS OF INDEPENDENT ACCOUNT.l.NTS Sf:PTEMBER 30, 1996 1 6[ 3 Table of Contents ~I.lqe~ ReDOrl of Ir,1ep"nrJent r,ccounlanls General Purpose Finan(,131 Slalp.menl~ Comhineu Balance S~eet . All Funa Tyt'es and Acounl Gruups Combined Statemenl of Rp....~nues, Experdllures 3nd CtlJnges In FIJfI,1 8ali1f1ce. All Govp.rnmf.nIGI Fund Typ"S Slalemenl of Revenues. Expend":Jrp.s and Change5 In Fund Bal~nce Budgli!l and A r:;1 IJii I (nOfl.G.AAP) . General and Debt Service Fund~ Stalp,TWfll of ReVenllCs. Expense~ and r..2hanges m Fund Balance - Pension Trust Fund h t-Jotes to Genera! Purpose FinanCl.11 Slater.1p.nls 14 Ind"p"r.dent Accountants' Repon un Ihe In,ernal Control Strudure Based on an Audit of GenP.'ral Purpose FInancial Slatemen1s Perlormed In Accordance with Govl'!mmenf Auditmq Standards i) 16 Independent Accountants' Repon on Complianr..e B~sed on an Audil of General PlJroo~ Financial Statements Performr.d In Accordance with Government A lidding Standards 17 Management Lel1er 18. 19 I r:()t)~f' .I,. lyhrlllr,d I \.P 1 6G 3 Coopers &\_ybrand Report of Independent A,ccountants B(jard (;t" surCrVi~(HS P'.:ll( ~n M;:"rs'n ('nnHlHHlity fk\'d(JI~nlt'n; DI,11I(\ '-.;~\.ll";'-i. F1o:dii \._,:,. h,IVC ddJltCJ the Sentii1! ptJrp{J\t f1;1:\r...:,a: \talcflH'nF, <....'1' the PchCMI \1afsh Community I~e\c!op. n",n~ I);q<;(, " of er:d f~r 'he ';ear ended Seplemher 30, \ 9<1(,. as I"ted in the Tahle of Con'cr.l~ fhese "wenl P'JfPO' ~ f,nanClJI s:Jlemcnts arc the 'cspcnsibihty of Ihe District's managemcnt Our re'pnn"bd,li 1<,10 express a1 (,piniOn on thes,., general purpose Gn;'.ncial statemems based.on our aud!l I,N~. COtlduCl~d our audit In acc(Jrdar,ce v..'ilh generl=l.lly accep~ed :tudilll1g standards and (;"n:rnml'!I{ AIIJIIII/?, SI(mJ.arJ." ",s"ed by the Comptroller (jcnerJI oflhe Uniled Sta'cs Thosc standards re'lu;re that we plan and p,cr;Drm the auo;t 10 ,1blaln reasonable assurance about whethcr Ihe general purpose financial statements are free of mateflal misstatement ,\n audll includes examining, on a lest basis, evidence SUpPl'lrt:lilg the amount<; and disclosures in the general purpose finanr:ial t;latcmenlS An alldit also includes assesSing the accO'ln"ng Oflnclp!cs used and Significant eslimates made by man- agement, a; well as eval'Jilting the "verail genera! purpose Gnancial >Iatcment presentation We be, lieve that our audit provldes a rert~or,.1t,lc Utl(15 for our n~;nion In our opinion. the general purpos~ financial slalementS refcrred 10 above present fairly, in all material rc;pcclS, the Rnancial po"tion of the Pelican ~larsh CommuOlli Development District at S"ptel11ber 30, 1996, and the results of I\; operation;; for the year then ended In conrormity with generall)' ac- cepted accounting principles In accordance with (JO\'emmc/!1 All/hullK SIGIIJarJ,\, we have also Issued a repon dated December i 3. 1996 on our eonsider.lion of thc Dis:f1ct's internal eonlr01 struclure and a repon dater! December 13, I'Y)6 0:', ils co;n~liance with laws and rrgulatlons {l~ ~~..d L-t,;? F on ~'yers, Florida December 11, 1996 r.',,('I".', ',,/r,.,.( <):, L P ;t '''''J"t'~'''': ,......".'1'1 ',.tr"I,tl r;~r"c'~'~r"r: ..,.. ....,"-r~.' ,- I')! (thp...... .. l ,f)';I''': ''''''':'f'ltl,,.,,.,..,l I I I I I I I I I I I I I I I I I I I tI1 0, :::l o ,- I.J C ~ o l..l l..l tl...;( E '~ .~ ro o 'Jl +J CU c: 0. <1> >- EI- g--g -. :J ~u.. cu= OoCi ~.:.. 'c ~ :::l.r; Ec.f) E cu o l..l U ~ ~r;;~ ,-!Do> n:: ~ :E -g :;{ c; ,S ~ roDE ,~ E '" <vOg. 0.. U II) 5 I - ~ '.'1 ~ ~ >- '0 ... C ,. ~ 0: ~ ! I'~] . ct~~~ 5" ,~ ~I ~l ~i~ ~ ! I~ . ~ I~ "~ ; >- ~I ~ >-j3 "'^ 't) ij .... :; :J r; , "I C .. " .);! l: tot ~ l.L .... ~ 0.. I l~ ~ ~: Ihs.gl u .. u... . I "- I ~. ~\ -g' I ' 'I . ~ :: .0 ~ 11 I ~ ',~ t :]: II .. i I 1! I ~ , I i: ~~ ~ ~ ~ ~ ~ S ':i ~ ~ w ~ ~ ~ ~ :~ ~~ '. (-, r, () () (.l 0 n '-' (j n r~ :L " , oco'-,o.:)~~O ~ ~~ o o '!: '::t Cl 0 0 .' ("j 0 . 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U e ~ . . 6 " fr l' 2 ~ ~ ~ .2 ~ o t: ~ .. ~ ?; ~ . . . ~ e r t ~ --------------,.-...----,,-.--...,..- 1 6G 3 Pelican Marsh Community Development District Combined Statement of Revenues, Expenditures ilnd Changes in Fund Balance - All Governmental Fund Types year ended $cpfemb!!( JO, 1996 Reven\Jes Sp"C1aI35sessments In1eresl reVcrlue MiSC'.ellaneoLJs revenue DeveloP<'r C:0nlribullons Debl Caplt,ll Tolal G'J'neral Servlr.e Projects (M..mor.."l1lJrr Fund Funds Fu",ls _9!'JYL_ S 1,003,88'3 S 713.S;'8 $ 0 S 1.722,4\.' 0 ~2~D7~) 2 2S~ 130.331 7.2&3 (J 0 7.243 _ __ _.~~4 J 26_ 0 C n,.1.-~~~~f) _~1, 1"'iO}55 8c41,607 2.252 ])!J<t"U_1_ Tol~i revenue~J Expcl1dj~urcs Currelll Gcne, "I I]overnmcnl Opcr,gling expenditures PtlysiC<31 environment Personill services Operating expendllurcs Capllal outlay Debt service Principal relirement Interesl 2'17,361 0 0 277,361 308,032 0 0 308,032 512,969 0 () 512,969 33,886 0 0 33,866 4,437 G 0 4,437 ____~'_2~~_ __!.,~!_~,400 -------,- 0 __~1,215-'-678 ___IL!H2~~_ 1.214,400 -~-~.----,- 0 ____ 2,35s.3~~ --~, ---- -- 12,292 (372.793) 2)52 (358,249 _19,816 0 ----- 0 ~_~JE. ---------- 32,108 (372,793) 2,252 (338,433 __--.J~.2,1 08) _--.?~1.?-,~}5 42,358 - ___~25,E_~ ------ S 0 ~ 2~~~~~ S 44.510 S 2.2B7,252 ----- ------- ------- ----- Total expendilures Excess ot revenues over (under) expendilures Ol~er financing SOllrces Proc"'ed~ from capital lease Excess of revenues and other fi~ancing sources over (under) expcndilllres Fund balance (deficit), beginning Fund balance, ending nle accompanying notes are an integral pittt of those financial staf[U71~}fHs 4 ~,'~-',<' :', ~',: <~~,~', ~~'-'";.':--', " ~, :'>:. >::,::>":-.~ :,;, >:'-",':'::.":'T>: :'~\~.'~ ,':..1',:',:" .'.<' l~ \, " . j, ",' , '\' " , . I I, ". ."U~,.I t., ~""~'J- J-~,~.': ,'..',' : i." .~.:: ".~'., ,I_.._.....t ~. ~""'.i' '" "~ - ., . -.: I ... ',.~ '.: ' I . .... .. ~ ,': ' ; ,-' : \.. \. , :';-.; ...~;:.~(. '.....~-:. : .~ ~ . I'. ..' ~;' '... ::'~ ,:,: ' ", ....--:....oj..;:.. ~ . '. ,'-.: ,,' . :... . 1 6G Pelican Marsh Community Development District Statement of Hcvenues, Expenditures and Changes in Fund Balance - Gudgel and ",ctual (non-GAAP) General and Debt Service Funds year 8ndcl1 S{~nternbt'r ::-0, 1996 General FlH,d ;"",,-CAAPj Vi1flanc.l! . F;wor.1ble Budget Actual (Unl.worable) Hevenucs Spec!;:ll ~sses5rnt:n[s Miscellaneous rcv0.llUC DevclOi-er conlrlbulions ir,l;~rest re'JCnde 'Iot,n revenues $ 980.00.0 !> 1.0ae.Bee ~ 28.1185 i) 7 ::.1 J 7 .:~ 4:; a 134,126 13~,' 26 0. 0. 0. 930.aOIJ 150,255 -,!_~Q}~?- EXf",,,dltures CUlTenl General government Operating expenditllres Public safp.ty Operating expenditures Physic.ll environment Personal services Operating expendilures Transportation Operating expenditures Capltaloulla'( Debt sel'Jice Interest Tolal expenditures 145,10.0. 283,0.76 171.40.0. 0. 331,70.0. 30.8,0.32 319.40.0 512,9G9 12,400 a 0 14,070 ~- .,---~"-'- a ___________0. 0. __~2c90_~ _~~_0c_'41 ( \3H.76) 171,400 23,668 (193.569) 12,40.0 (14,070.) o ____@~!Il Excess of revcnlles ovel (under) e,pendilures s o 32,108 S 32,1~~ Fund balance (deficit), beginning __~?.~8] Fun(\ balance, ending s 0. ----- ----. n,c accompanying notes are all ;Illegta/ pari of thesc (,nancl31 statcments I i I I D I I I I i I I I I I I m I R 1 6G 3 Debt Service FunLls ._ ..______'_U^___' ._.____~,___.______,_... V,iui.Jnce. Favoranl/.' . .13".'!il.E:.'__. Actual (~1/1r,!'.O!a_~le) --.IO.tals (r.1CI11orand_uro ~IYL_ V",iancc, FU'iorable Budg':.t A"'J21 [Ul1favor;)bl~J S 648 .7~.\ ~il4,04il IJ om .il~,6o.lJ $ 1,525754 $ 1,122.414 95.660 484.046 1,243 (476,803) 0 134,126 134,126 83 600 128,079 o __4.4,4 ~9. 2,194,400 IS91,8i)2 _[202,53.8) 713,57.8 $ o o 12~07~ 0 65,774 (,184,046) o __ .4.4 ,.4 7 9 $ o 1)1.4 ,4CO 841~607 C172.793) 0 0 145,~OO 283.076 (137,975) 0 0 0 171,400 0 171.400 0 0 0 331,700 303,03~ 23,665 0 0 IJ 319,400 512,959 (193,569) 0 0 0 12,400 0 12,400 0 0 0 0 14,070 (14,070) --. !,~_!_:!...!Q.Q. __1......2 _1~4Q.O_ 0 .1,.?.1.4!OCl. _!J'j,.~Q9_ 0 ---~---~--,-- ._~2!~~OO . -.1214,400., 0 2,194,400 _ 2,3.~~~.!_ ._.l!.38, 147) ..--------- -~-- $ 0 (372.793) S (~'P9~b s 0 (340,685) ;;",.-1340,685~ =-=-=-~: _~,615,~ J583}}~. $ 2 242 5~2 S 2 24 2 612.. I I m I I I I I I . I I . I I I I I I 1 bG ") Pelican Marsh Community Dev(:lopment District St"t~ment of Revenues, Expenses and Changes in Fund Balance - Pension Trust Fund yeM endeo Sepl"mber )1), 1996 Op.f'fatinQ re\Jenucs In:eresl rcv~ntJc Olher H2 1 ))84 lJ,a66 Total op"r31",g revenues G Op~ral1!1g expC'nSt's 13,H66 Ne! income o r""0 balw,ce. b€ginnlng Fund balance, ending ~=~ ~?:.~~- The accomiJanying nores are ao il1t!~gral par: of tllese (Jnal1cial statcnwn(s G 1 6(; , Pelican Marsh Community Development District Notes to General Purpose Financial Statements 1. Summmy of Significant Accounting Policies: The f()\I(H....ln~ is a summary of the i.lore s;~!IIrIC\111 acn"'llntinL~ PUI;CH;S nr t ht.: I )istf iu D('!illill~ thr (;o,rnllllrlltal I{q)orrill~ ~:Ilti,)': lIw l'cl1(an ~'ar':\ ('"mlllllnl\\ Ik\clop- II1C 11 I Dislri,:t (the Dostrict) IS located 111 ('"lIin C\HII\lY ,1'''\ was created under Chaptcr 1')() l)r Ihe Florida Statutes to provide publie il1'pr(1\'elllcn<s and tll deli, CI Cl'II1I1,,""ty dc\'c1ol',,\ent services in the area of the District lh('rcb~' pr()\;ding a soLltil.'n :0 thL l\111:lty\ pLlnl\ln~. t"1JIl. agement and financing needs f2r (!cllvery of C;lf)IL11 in!-r;,S:l\lcture 'sitl1in 11,.11 l"lJtl\\ll ,,1' ('()I- her Count',! The District w;)s organized on N('\'cmbcr :: \ \ ()I}l The bll,:nl:" anu all'a;" "r,hc 1l;,lrlcl arc ,',\l'.<:1 lIul by" 1\",lIl\ "I'<;"IJCI\I'"'' "\,,, miliaily-. \\I,"IC Ik':.lSn,i\cd <Illl! ;q;pUII\\l.:J ill Iht..' 1"')111\;\\;',1..: ;H'I,III1:1 ;n~d 11dl' t' ,1:,11~1,I\ln\J. (h. ')I...ITll'~ Thl.:ll';l:\<.:r, lllt.~ SurtrVIl,n!', '.,:i!l h,~ ~'k(:lf'd :\11 ;\11 ~[.I:H!'" h;~',I', hy 1I1(~ n....il('r... l{lhc IHllptrl', willl\l\ thl~ I )\<;'1 leI S'Ll1tl'HIl:~lt <II' (j1J'o'l:rrl!fWn.;:,\,\cl:nl\rdiqJ, '-.;t;\Tl,hrd" Itl\;Jld ~"';\lillhtT \'\, l\!l;ll)i:l,d l{qHHIIl\\~ f.tl"l',." ((...\\H 1'~1 f1'Q'.lllC\ d~c till,\fH..\,d '1t.ltt.:lIll'rtllf, (.rIlle ()t",(tld (lll( I"',H;II', t"I',~'r""wnl' fi.\ Irll'llldc Il~ (i.~Il\pt\ll('nlllrl'!\. If ~lr)\' ..\ ':I,nlpIHwnl \Inll h;l ley,al\\- \l'p.II~lll' 1,'fK,1lll/fI1ICl11 ((.f ".,~\'(\\ inl' d('\~t:....~ t,f\H.:"\'~' (It' t~.\C ~-:\ t"'ltll'~ loI.,l.'".C~flf1'<:.nl .11':' l'llllnl,l.tl:'... ".,. 'llll,h'.' It,,,...I,n, lr.t;. ....:.tcn4 t)1O:l.r':';I,,(.("1 in (J,"_~:,H : 1 '\'r'" ,~,o "J, 'In" ",oql '.lll\.... 11\,\\11.,.\ HI 1"-' \."t."", f,,, ::-1" \:tl ::;1 :t"./I....nl ~ Fllncl ^rrolll1tinst; Thr tll'(I'I"\~ I \ lh. 1)1~11If' kl' "Il,~.r"fr.., '.f"', ~..., ~,)O: ~ f_\ t..;....; .....,,.;,... cour~\ grO\.1p~. eacn o~ .....~w:r. ',,\ ({"n\ldt:f,,::d a \.CpM,I1C .,(( :1\,!"I'll',g ~n(:~ i ; ~- (I~~{,,"(r<.'f-t ~,' ,:aLIi liull! illC ilLC,,",,'ed li,r I"ilh ,I ,c!I,lr,llc \('1 of ',(~If lr;lIitflclnK ~rC()J1nl' th~1 r"l1ll'rl\~ 11 assets, liabdities, fund l'L]uity, rcvellue and cxpelloitu,.:" itS ""prop",'!C (;""'lnlllcllt Ie sources arc allocated 10 and ;\CCoul1leO for in individual fllllOS bdse<j upon rbe purposes fo which they are to be spent and the means by which spcndi"u aClivilies :He controlled Th VarlOllS funGs arc grouped, in the fmancial statements in this report. into l'"ld types and ac counl groups as follows Governmental Fund Types G~nerlll Fund _ Thc General Fund is the gcneral operating lund of the Djstrict It at counts for all financial resources, except those requircd 10 be accpunled for in aneth, fllnd Drbl Srrvice Funds _ These funch arc used I,) acc,,"1l1 i'cr Ihe ~ccllnHdation l,f reSOUlC' for, and the paymcnl of. gcnerallong-tcrm ddlt plinclpdl, illtercst and r.:latd Cl)>!S as rill Glature a:\d become due Cllpillll Projects FUllds _ The Cp_pilall'roj<:cI5 runds arc used \0 aCCl'UIlI for ti!lancial r sourccs \0 bc u'cd for the acquisil:on or constr\ICllon of major capital facdities 1 6G 3 Notes to General Purpose Financial Statements, Contl;'\ued 1, Summary of Significant Accollnting policies, continued Fund '\ccountinj:, continued Fiduciary Fund Type r'.~nSi')I1 rrusl FUllI\ ' The h'l',slun Tn"l I:und ;$1'1\\1111' fm a5sel5 held in ,\ 'IllSlce Cr\\laCll',l A('('ount Crollp5 Cellrrlll Fixed :\sselS _ Th',s sell',balal1l1ng ac':ount grc.up is used to account \$r all 'ixed a"elS of tr,c DISHic. Ceneral Long-Term Debt _ This sc!f.halancing accolln\ ):;Illlljl " used '" accuunl tor all long-term debt of the Dis\nct Measuremel\t Focl\s: Government:>l Fund T)'pes _ rhc (jeneral, Debt Ser...,ce ,1m\ Capital P[.'lJeetS Funes are "ccounted for on a "spenoil\g" or "!inanria! 110w" measurell1ent fOUlS Th;; ",eans thaI cn\y current a,selS and curn:nl liabilities arc generally inc:uc1ed on Ihe balJnce ~,hec-t :\c- cording!y, the rt:porteo c,designated fund balance (net \:urrent assels) IS c,'nsi,!ered a measure of available, spendable or appropri,lbie re;()LJ,ecs C,ovelllll1cn:al Fund Typc oper- ating statcments prescnt increases (re..-enue) .,nd dccrcases (e"pendiIUlcs) in net current assel s Fitlllciary F;Jnd Typc _ Th,: 1'(~nSlon lrust Fund is accollnted for on a "capital maimc- nance" measurement focus I\ccordingly, a\1 assets and liabilities arc included on ils bal- ance sheet, and the reponed fund equities (total reported assets less IOtal reponed liabilities) provide an indic3tion of the economic net 'North of the fund The operating statement for the Pension Trust Fund reponS increases (revenues) and decreaSes (ex- penses) in tOlal economic net worth ACCollnl GrollpS ' The General Fixed As;ets ,\ccount Group and the (,eneral Long-Term Debt 1\C.COUllt Group Jre concerned only with the measurcmcnt of tinancial posilion n,ey are net involved with the measurement of results of ol',:rations Basi~ of Accounting: Basis of accou:1tin3 refers 10 when revcnue and expenditures are rec- ognized in the a:counts and reported in the gcneral purpose flll<incial slalemelltS. Basis of ac- counting relates to the timing of Ihc measurement made, reg]1 dless of the mea~urement focus applied 1 6G j Notes to General Purpose Financial Statements, Continued 1, Summary of Significant Accounting Policies. continued Ihsis ()f ;\ccl)u<ltin~, cOlltinued The modilicd accru"1 hasi~; of aeU'UllIing " followcd by a~l (iO\'l'r:lt11Cnt;1! hll1ds "I' Ih,' lJIS. trict, \\/hc!"cby le.....enue IS rccc,gn;ll:d .....hen it bCC(H1H':S ml.:"'llfdhlc ii1ld :jvailablc i\S ill't ....llrrc,.nt as,.,....t:, ~on aJ-\',dorcln a~,;cs~.cd iJlCt)i1h~ and gross rl.'(t~'pb :II~ clln~i(krrd "lllt.,;::..lIl ilb!l'" \vh(~n coile-Cicci (\~d are rCl.;og,r,izcd as rc\.:;nw,:: Jt lhat :l:n~ :\ntlc;palt..:d 1l:lu1lGS ()f ~u(h i1~. s('s,..,mcnl:i ;}fC recorded as li3bililil's and rL'tJ~H..:tIU(l~ of r....\'....rn.l' \1,!1l'll thev bl.'I..T'lI1W Ir.L';\~ur;ll1lc a~ld the H ....alidj~y ~;eC:lllS certain L\pentlitll(CS .He genel ~dl:..' ; l'cngnil.l'd under the mndifu..'d ;lco\jal basis cf (li.:c(~unlirlg \....I":n Iht.' rchtl..'d fund liability ,-; in(lll red F\c('pti()!)s It' ihis gen- t'rJi r.de include (') prill~"'ip;ll fllld inlere..;t ~)n gt:ricr:ll h1ilL:-l'_'llll (khL \',:I~it~h arc rCl'ognilcd \l,,'hl'11 \:~H:. <1\j,: (~) l'\pcIH1l!urc:-i ,\fl' not divided bCl\\l'cn \"(':H~ b\ the recnrding (l" prl'paid l"pcnc;t'':' PH~ Pellsion rruq hll~d :;; ~1('...:,.Hllltt:d t'or by u:-.inS the :1C(:I"',la! basi:; ()f t\C(('llllting l '"del Ih:~ mctiklG, ft'\CnlICS ?rc rcc<lgni/('(t \\hl.'n th.~: ;:re l.';Hnt~d a:~d e\p(~r'.sc~ ufl' rl'cDgnill'd \\.h~n thi~Y 3rc iru.:urrCli Fi.\f<l ,\S\t..ts~ Fixed as.;clS li~';L.j in Ci~)' "I:\l11l.'n\~\ Fund TypL' ('pl.'l;llinn'~ (\.~(:tlL'r:11 li,ed ao;. SCI~,) arc acccuc{cd f'.lr '" thc (,cncral Fi,ed "\ssel'; :\n:ount lj~oup, ralh~r than in the (io\" ernmcl\lalrllnd Type '"'0 dcpreciallon has be"1I pr,)\'ided on Sen~rai f"ed asscts :\11 1'I~er1 asselS are ..alucd at his\l1r;ol CO", or eSlil11"l~d hiS!l'rical cest if actual hiswrical cost is not available ['ubile domain (il~frastr\IClure) gen~r;\1 f"cd a,scts ClHl>1sting of cenaln l111prov~ments Olhcr \ha~ buildings, Ir,ciuding watcr mana~cment facilities, roadways, watcr, sewer, irrigation, landscaplf1g, dral11at~c. :,ghting and sid~"al" '\lC c"p"taI17Cli Invcstments: lnveSlmenl, are stat cd at COSI or amoni7ed COSI which appfl1.,imates market nudgels and nudgcll1ry Accounting: Thc Dlsl!in h"s adopted fOrlnal ~nnual budgets for the Gcneral and Dcbt Servicc Fllnds The Cap;I"1 P10J~CIS Funds' budget i, adopted by pro' jcct for multiple years The 1()\Iowing procedures are used by the District In estab!lslHng Ihe budgctar\' data rcllccted in Ihe general purpose 1i:1ancial stateme111S Dllring the summer, the District management submits to the Board of Sllper\'lsors pro- posed operating blldgets for the liscal ycar commcncing ,HI OCtobCl 1 The operating hudgets include proposed e.xpenditures and the means of financing them 2 A public hearing is conducted 10 obtain public comments The budgets arc adoptcd by approval of Ihe Board of Super\'isor, 4 Estimated bcginnlng fund balances 3re consid~red If~ the buJgetar\' pr<Kess Qui .ne nOI included in the Iinanci31 statements "' budgeted r~\ cnue 9 1 6G 3 Notes to General Purpose Financial Statements. Continued ,. Summary of Significant Accounting policies, continued BII,l~ets all(lllllll~elar)' ,$(Olllltill~, cOlli ill II l'tl Th~ hIHJ\,\'ct,; ror the (;,:ne, "I and Dc'hl ~;erv\ce I'undo, ;tfl: ;tdOI'led on a h;1S1S con,.istenl \'Ith gcncrally accepted "ccollnti"l' princlplcs, nc~pl ;t, o\i\l:u".:d In i"nlL' l) I, Illld~o~t tr"nr,f~I' call be m"de 11:1'''''0110111 the \e;\I !;c,wccn <"penJ;"",: ,\(,I\lInIS rhe h~\'cl $fhlldt',c\ (o!ltlD1 is I..:'$'l(!~t~d ;11 lh(~ fund k\TI 7 lludgCI al11(\llnt~. as shown In Ihe~~ gcneral purpo\l' 1'111,\11(1011 ,t,"':"',~nts. arc ", $IIgl- nail)' adopted, N as amcnded by Ih(' 1\()i1fd ',\f Supel ,'"ors R t\pprOrr'lations bpse at Yf,.~;\r.eIHl ElleUl11brall('C\: Fl\u,'"bral\(~ aCC(\lll'l'1I1~.. llllllcr which 1'1I1(1l:l\c ol,krs, Cl,nt''''''' ,wd other con~l1\ilm<:l1ts f(\r th,: cspendilllre ,\1' n1l1nleS ale rec<.rdnl in ordcr 1'- resef\e Ihal pl)r- wm cr the al'pkablc appropr,a'.ion. is not cl\1ph\\'cd by Ih(' District b'~callse il is, ;It pre,enl, nol nccessal)' 1(' '!>,ure dYcctl\!: budge!a.'\' conllolor h\ ladllalc eli'c(tivc cash planl1;n~ and clw!f[,1 Total Colllmns on Comhined Statemellls: Tol;1I columl\s oli thc COlnb'I'ed stal,'mcnls are caplloncd "Men\c1f~ndurn Only" In indicatl' Ih:ll they arc plesel\\o;d only 1(\ facilitate fl;1ancial ~nalysls Datl in thcse (o\urnns do n,)t prcs'~nl fUlancial pCJslt,on or results of oper,ltions in confom\ity with gcncrally accepted ac(ountlng principks Neithcr is such data comparable III a consolidation Intcrfund elin;inalions ha\'c Ilot bcen m~de ill the a~grq;ation of Ihis data Special Asscss,ncnts: The pr(,...isi,)ns of Flonda Statutes Chal\t('rs 170 and 1<)0 allow Ihe DiSlrict to levy special asscssment~. Spc(ial assessm(,ll\s arc gCl\erally 1c\lcd each year ~\fter formal adoption of the District's budget alld bccome due and payable on N0vcmber I sl Spc- cial asscssmen,s arc recognil.cd a~ re\'Cnue whcn they arc l11easurabk and available as net current asscts 2. Cash and Investments: Drposits: AI September 30, 1996, Ihe carrying :lmcullts of the District'S deposits were 5-11,::52 and the bank balance was $55,583 These deposils wele entllely cover('d by fedcral depositoI")' ill511ranCe or by collateral pursuant to Ihe Florida Security FN Pllblic Deposits :\ct (Florida Slat' IIICS Chapter 280) Invcstments: Florida Statutes authorize i""e~;tmcnts ill obligalions of Ih..: U S Go,crnmcnl 0 obligations which are unconditionally guarantc('d by ;he US Governmellt, (cni:icalcs of depc>si and savings accounrs, repurchase agrecmcnls and the Local Cin\'el11mcnt Surplus Funds Tnls FIl11d administered by the Florida Board of .-\dministration 10 1 6r~ ~ Notes to General Purpose Financial Statements, Continued 2, Cash and Investments, continued lnvpstlllents. continued Cer1iflCates of deposit, s~vings accounls and b~l\k b~lanccs \Vho,,' valu<:s cxcccd the am',\unl or federal ckposilOrv Ins~;rance arc collaleralil,;d pursuant to ,!,,: F:omla Secuflty For P\lhli,; Dc, po>its t,C\ The Dislricl's investments ate catcgllril.cd "clow to gl'e ~n Indicati,,'l or the I<'\cl nf r,,\.; as- sumcd ;\t YC<lt,end Catcljory 2 ,s dctined as dcp'.)s;ts and ;!!,c'.lmcnls held by (hc pk.l!Oin~\ Ii. nancial instiluli.'n's trust depar1menl or agent in the District'> n'\l'olC Category 2 Carryi"9 Amount Approximate Market Value --- --_..-----' - --- T reasLJry n(ltes ~ 1YJ~~= L1..146 7 I~ 5 1 ill~Q_ Money r11ar~.c' ?CCOIJ~ts ~__.68?,~~~ ~.. 5B2.1~~~ ~-o=-~~;;'.~~ The Dekr...cd Compen$ation ~:ulu.11 hInds a~c no\ catcgolll.ed as th~y arc not cvidcnccd b;' se. cUf1lies tn;;t cxi:,t i~ physical or hoo\.; cnlry form :\t SeptemtH:f 30, 1996. the investl11cnt with fi,cal agent (in l11ulual tim,js) totaled $7,119 which qualcd Its l11ar\.;et valu.: :l. Gener.al Fixed Assets: The summary of change> 111 ~en~ral n.';ed assets for the pcrmd ended September 30, 11)')6 j, as roliows Balance October 1. 1995 B.atance September 3:>, Additions Deletions 1!l96 --------- ------.-- -------.- Land imprOllem.:f\IS Machinery Hno equipment $ 10,987.740 o $ 0 .--2~O?~. $ 0 o ---'-- ------'-- S 10,9B7.740 _,_..._..7~fl.:~~, L1Q 987 71R: L 16...0.5.2- L_ .Q.. S 11.PS~1~~ 4. Operating leases: The District leases equipment under operaling leases expiring in lIarious YCJrs through 1997 Rental expense under such leascs was approxi111iltely $46,000 for Inc year ended September 30 1996 11 ~_''''~.<,_U"_~~'''~''''',~__.,-''-- 1 be 3 Notes to General Purpose Financial Statements, Continued 5. Gp.nera\ Long-Term Debt: The folltw,l!)i!- (han".;:; 11\ gl~nel ai :Dl1fS-tellll deht uCl'urred dllril1$ the "Tar 1'T'dcd S"l'tenlher ,0 \9% Long,term debt payat)le. Oct~tlc' 1 \ S95 S '4.~11~000 Increase in accrued compen!.cled absences Increase in ('..~pilnlle:l')e D:ly':lhlP. Plincipal rP'lir~fn'Jnt 6.246 19,616 _l4~J}l Long,tc'm det" p~y3btt), Seplembel 3D, 1396 ~_:;.~~jlil_~ Gencf allonfS-ter:l1 debt i~; ClJrnprisec uf the I(l:i<mln~ Speslill ,.,ssess~\o.nl !,cvel1Ue 80mis outsl<llldlng at Septemb,:r 30, 1996, IntNcst a18.25%, m1turil1g IhroU'Jll M8Y I, 2016 S 14,720,000 NOll.interest bearing aavances Irorn Develo"er 194,000 Capllallea~e obligatic.n collateralizc'.! by eqUipment, commencing Janua~ 1996, interest al 9524%, maturing throuyh Jalluary 1 999, rml1lhly payments or $535 ;nclllclin$ interest 15,379 NonCllrrent ponion of compensaled absences Employees of the DIstrict are entitled 10 pai(1 annual personal leave, based on length of service. __ __~2,~ Total general long-term dtlbt S 14,935,625 --=-=- The following is a summary of bonds outstanding at September 30, 1996 Special Assessment Reven'Je Bonds S 14.720,000 Original date of obtigation Interest rate Final maturily date November 14, i994 625% May 1,2016 Special Assessment Revenue Bonds Resolutions: The resolutions Llf the Spccial Assessmel Revenue Bonds established cenain accoullts and determined the order in ",hieh cenain re\'enUI arc to bc dcpositcd inlo these acwunlS In addition, there are various restrictive covenants included in the resoluliolls The District cor plied in all material respect with all of these co\'cnanlS for the Scries 199~ Special Asscssmc Revenue Bonds 12 \ (,( I .,) Notes to General Pllrpu~t:: ~ 11\(\IlCldl 5tcllcIIlt:IIlo, CUllt111110d 5, General Long-Term Deb!, continued :-;pccial ASSl'\III1Cllt HC\,('11111' BOl1ds HClollltillll'. COil till Ill'll The fo:l(\will~ i~ a schcdule uf deht ~;er\'lce requiremcnts for th" not live ycars alld IhcH'anel Year Ending ~ef>!".!!'_b~~~ I'rlf1(;ipal _ Interest Total 19(<7 1898 1999 2000 '2001 Tt1f~re(\f1er S 315,000 340.000 365.000 )95.000 400.000 12,875.000 S 1,214,400 1,188,412 1 160.362 , .130,~~O 1,097.66~, 10031589 S 1.529,400 1.528.412 1,525.352 I . 5~5 .250 1.527.653 22.,,06,5_89 TOI~! ~. 14 ?1..!lcOOS" ~;.?_~ S2.,1?0~ ~JO~~ Fu\ure m:mmulll lease p<1ynH~il~s under C~pil.11Ic:l:~c~, incl~ldiJ1~ interest paYlr\l,.~llts as of ~-;cptcnl- her :iO, \ (h1(, :HC as foll()\\'S Year Ending _S_cp~~ber_~~ 1997 1998 1999 S 7.620 7.620 ______1.0906 1/,146 ______112621 Les:1 amount representing interest $ ~:..:.?2~ 6, Related Party Transactions: WCI Communilies, L P (Developer), a major land owncr wllhin thc District, contribuled \0 thc District $134,126 dllring Ihe period Octobcr I, 1995 to Septembcr 30, 1996 to limd operations The Developer currcnlly owns approximately 1,500 acrcs of thc 2,075 acres in Ihe District and is, therefore, responsible for the payment oflhe majority oflhe annual assesslllcnlS 7, Overexpenditures: For Ihc yc~r-end Scptembcr 30, 1996, the District'S actllal cxpenditurcs in the Ccneral Fund cx- (ceded authorized appropriations by approximately $138,000 13 1 6G ~ Notes to General Purpose Financial Statements, Continued 8. Employee Benefit Plan: Ulcellve I'l'r li\Cal year ending Septembel .1\1, I 'J')!., tlic 1)'\lII<.:t 1',tal',Ii,lled a d<:lincd (ontflbu. tion qualilied rcnsion 1'10111 The plan. which" ;\\;111:111\1: 1<, all Di,tricl employee, "!,"" (omple- tlon of one year or serVIce, provides lhat Iht: District \vili ...'j, H'l:ir,ufl.' ()~ tl of an l'lnpl,,)\ t'~\ ;lIl1l1Jit salary. and the t:Jllploy~c 1J.l~; tht: ;Ihility 10 c()1l1rih~J\1' all addi!IPr1a! .1(1,'0 VC'.ling t)C..:iJf~ 2()Oo pl:1 :.,.'car allcr one y'~ar ofscr..ice i"orfe:ttJrcl;, ~lr~' USI...'d :l) rl..'dwc Ih~ I)i~lrii:t'!'. cl'intlihli\li'tn rh~ 10. tal payroll for elllplo)'e"s co\t~"ed h' Ihe piall for the \Tar ended 'ief'kll1kr 1/), I q<)(. W?~ S22'l.616. the District's total payroll ',,,I> S2.lD, I ('I) ':.lr till' ,ame peri,,,1 rile DislrI(1 (o,,\Iih, lJle(~ crtsh of'S7, 119 for Ihe li~;cd :C;lr elided ,~('pll'll1l1l,..'r Jr). rqC:i,) 9, Sudget to Actual Differenc(:s: Budgel' arc adopled on a basIS "<'II>'''el1l "i!h -"ef1l'I,d:) ;lC'cepl,:d a'''''l1lll1l;l1~ prin.:iplt'$ (G:\:\I') excepl as t..,!Iows General Fund' Excess or revenU~$ 3n<1 oHler finJflCing suurces over expel1ddures (GAAP bas,s) 5 32.108 Basis differenc.es Capdallease payments not budgeted ilS debl serJlce t5.715) Capitallcase payments budgeted as operaling expenddures 5.715 Proceeds [rom caP'!3! least! not budgeted 19.816 Capital oulJay [or capital lease nol budgeted ---~~ Excess of revenues over expenditures (non,GAAP budgelary baSIS) s 32108 14 i Coopers !i &Lybrand \ Coope" & Lybr.nd L L P ':l -' 1 6G Independent Accountants' Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Periormed in Accordance with Government Auditing Standards Board 01- Supcr-.isors Pcl'Cdn i\1arsh Community Dcvdopmcnt Dlqncl ~i rtpks. Finrida w~ have auditcd the g~neral purpose financial st'l1~ments of the Pelican i\1arsh C""lllllH1itv IJc\elop- nlt'll' Distr;cl as of and for the year cc1ded Scplcmber 30. 1906. ,'"d ha\e issued our rcpot: thereon datcd December 13, 1')'10 \Vc condllered our audil In accordance "lIh ~eneral1y accepicd ;lIl(jilii~l\ standards. (;""('1'11111<,11I AIiJJ/"I~ Slol/dardl' iss'led by th<: Complro!lcr General 01 I.he United Sl3tCS and ScctlUn II '15())(a)4, of the Florida Statllles Those standards require th"t we pian and pcrforn, the audit to oblal11 reasonablc aSSllrance about whelhcr the general purposc financial statemcnts arc fr,'c of mate- ria! rni~lstatcment The m3.nagem<:nt of thc Pelican Marsh Community Dcvelopment Dislrict is rcsponsible for cstablish- ing and rnaintailllng an Inlernal control stf11ctlHe In fulfilling this responsibility, cstimatcs and judg- ments by management arc requircd to "ssess tbe cxpccted bencflts and related costs of internal control structure policics and procl:durcs Thc objeuivcs of an internal conlrol stf11cture arc to pro.. ide man- agement with reasonable, but not absolllle, assurance that assets arc safeguarded against loss from unauthorized use or disposition, and that transactions are execuled in accordance with management's authorization and recorded properly to permit Ihe preparation of !inancial statements in accord.rnce \vith gencrally accepted accollnting principles Because of inhcrcnt lirllltations in allY internal control structure, errors or irregularities may never1heless occur and not be detectcd Also. projection of any evalllation of the structure to futllrc periods is subject 10 Ihe risk that procedures may bccome inadc- quale because of changes in conditions or thaI the cfTcctiveness of the design and operation of poli- cies and procedures may deteriorate in pLlnning and performing our audit of the gencral purpose financial statemcnts of the Pelican :'>larsh Cornmunily Development District for the year endcd Seplembcr 30, 1996. we obtained an under- standing of thc inlcrnal control structurc. With respect to Ihe internal control SIl1Jcwre, \lC oblaincd an llndcrSl:lnding of Ihe design of relevant policies and pro~edures and whether they have bcen placcd in operation, and w~ assessed conlrol risk in ordcr to determine our auditing procedures for the pur, pose of expressing our opinion on the internal control stf1Jcture Accordingly, we do npt expres~ such an opinion 15 Cocpels'" lyhrt'lno L l P, II 'eQlMerAO I,m.led hahll'ly pall~l~hl() ,!, II m4':1T'~1 1,'......0\ Coopc''1 P. l.,t1rantj In,om<tllQOdl .~..--~,..~,-,--~--- 1 6G 3 Our eon~ldcratlon pf the Inlernal control structUlc ",'uld not nec~~\iulil di~elose all m;lItcI, In thc In, Il'lnal C(1nlr,,1 structure that 111 I f!.ht be 1l1al~ri,t1 \\caknes\l's Ul1d~r sl:lnd;lld, .:,Iabh,hed bv tlll"\llICfI' can Institute of Cenilied l'ubl1c I\CCllllntant, ,\ 1l1at~l1al "e~kncss IS;I condition H1 whlell thc dl"lgn or operation of one or mtHC of the intcrn,,\ contrl,1 stru(lurC clcnll.:nls lh.lcS not rcu\.Jcc to i\ 1l'I"llvely low level the risk that errors or irregularilies In a1l1ounts that would be malerial in relation '" Ihe gen- eral purpose financial slatements being audited may occur and 11()t be detected wilhin a tinKly period by employees in the nGrmal course of performing thl'ir assigned functions \Vp. noted nl) m;1I1el sin- volVing Ihe inlcrnal control ,lr\ll:ture and it, OjWJ;II;(1Ii' 111;\1 wc e,'nsldc: t(1 bc l1Iatl:rial wc"kn~sscs as ddined above Ihis report is intended solely for the use of tl1e Pelican Maish Crwnnunity Development Di'\Iict, the Alld;,of Ccncral of the Slate "r Florida. and:,th~r fcd"al and "a',' ,,,,,lit a!Ccncic.. Ilowcv"1 Ihis rc, 1'011 is a malter of public record and its distribution I~ [Jot limited ~9r4J~L'L./ Fort ~lycr$, Flonda Dec':H1ber 1.1, 1996 16 ~~ .L R' n por 'I Coopers \ &Lybrand I Ccopers & Lybt,tnd L.L.P. \ 3 1 6G Independent Accountants' Report on Compliance Based on an Audit of General Purpose Financial Stltements Performed in Accordance with Government Auditing Standards BOMd of SupervisOl S I'elica~ t\lar,h ('flllllllun;ly Ikveloplllent 1)1\11\,'1 Napb, ~lol\da We h.lve ~udited the t',eneral purpose :inanc:al slatelllenlS of the p.,I,c;;n 7\lalsh COlllmUr,ilY Devdop- rIlC 01 I j)islrict ~,; of and for :he year ended S,,>'lelllhcr :;0, 11)')6 and have issucd our report thereun d'lkd December i). J 9'J6 We co',lduc\l'd our audit in accordallce with !;encrallv accepled i\lIdllillg slandards and (;u...'nlmt'1/1 Ald:,I"!: SI(//{dar;!.I, issued l;y Ihc Comptroller (Je"~"!\ of the U~ilt'd SI~les. Thosc slandards ,equire Ihal we plan wJ perfor"l thc aliJit to I'htain reaq'nable as,,;ranee ,,~)out whether thc ~enerall)urpose !"mar.cia] stillcmCn["l arc ,"ree of 11l31erial miSSIi11CIllL'nt Compliance with laws, rcgulations and contracts applic.lble 10 Ihe Pelican Marsh Community Devcl- oprncr.t District is the respo~sibdjlY of the DlStricI's rnan3gemenl ;\s part ur obtaining reasonablc as- surance ahQul whelher the gencral purpose financial statements arc frce or malerial misstatcment, we perfon11ed tests or the Dislrict's compliance with ccrtain provisions or Jaws, regulations, and con- Iracts However, the objective or our audit of the general purpose financial stalcmenlS was nOI to provide an opinion on overall compliance with such provisions Accordingly, we do not exprcss such an opinion The reslllls of our tests disclosed no inslances of noncompliance Ihat are required to be repor1ed herein under Gm'al/merll A rllli{ill~ S'IJIldards However, we noted certain mallcrs involving compliance that we havc reported to the DIStrict in a separate 1cller dated December 13, 1996. This repon is inlcndcd solely for the usc of the Pelican Marsh Community Development District, the Auditor General of the State or florida, and olhcr fi:deral and stale audit agencies. However. this re- port is a matter or public reeord and its distribution is not limited ~<--V ~~d L,L,/! Fall Myers, Florida Deccmbcr 13, 1996 17 COOPi"~ l. l)b'ar'd II ,) a ffl9,sle,{'d tlf''''ilI(~rJ :'n'-nl>ly Oiulflt!'ShLp ,~... ~,:,,,\t)I'( 1,1!f\ 0' Coot'~"S & l.,b'an01rilu'n;:l1'Olla' , ", ,.. :' , ,,' . .; " :;' ,\, ..'.! '. .' ;.. ,. \' ";,.',', ~.,' (' ~ .'1 ',.,.,. .'" ." '.,' , \' ..,... \' , ,... :.n';' : \: .~. : ; ,;.;.' , 1\' ~):1 " .: '~~ '.. ~ " .,:; \: f ..: ~:.~ . , ,"~. ' '.' '1\ " ", . ),. " \;." i. '. . ,,' ". '. 1 .. V,!' t,~ ' . r:. . " : ~. ... 11' .... . ~ II Coopers 11 &l.ybrand Coopertl & Lybrftnd l.L.?, 1 6G 3 Management Letter Board or Supervisors Pcli,:~n !\hrsh Community Ik\'elopnlent DIstrict N~ples. I'k)rida 'r\,'c ~aYc 311dilCd the gcnc~al pl1rpo~(' flnar,ci"i stl\[('ml..~T1ts. of the Pdic~11 \1ar~h ('omnll1l11l', Dl'\l'lop- menl Dis\flC\ for tbe year cnded ~~'rtt.:I1',hcr .;(). 1 ql){J. and ha\ l' l("slIcd l'ur n,:p(lli lhl'fee..r, dJI..:d Dc. cc:nr.cr \ \ 1996, lri cor,nccllol) \\-"ilh ollr jHH~il. \\C :ue s\jbJl)illii1~~ the following rcporl In .1I.:cerdan~.; with Ch~pter :0 ~S[) "Rules d the "\uditr>r General - 1.oca! (;,1VefnJl'oental Entity :\ud,!>;" (re\;sec Sql!ember ,0, 19%) and Section 11 'IS(3)(a)-l ,orlhe Flonda Stalules PRIOR YL\R COi\li\lENT WfllCII CO:"lTI:'oIl'ES TO APPLY "clual Expenctilllre~ Should Nol [Heed .\pprnpriatj(ln~ The District has an agreelllellt with the Developer to fund amounts spent in '~xce,,; ot' buJ~et However, Ihe District has not increased ils bud~eled apP,opriations to rellecl appr,,,,,,J b)' lh District of spending in excess of Ihe anh)\Jnl budgeted In 1996, the District's aC1Ualcxpendi lures in the General Fllnd exceeded budgeted appropriations by apprnximatcly $1 JX.OOO We recommend thaI the District's Board ~pprove incrcases to its budget prior 10 the incur rence or cxpenditures which would cause the budget to be exceeded CURRENT YEAR COI\l!\1ENTS None We have included in this letter all commenlS which came 10 ('Ur allention during the C("Hse of 0\ audit regarding Items I through I 0, as applicable, of the "Rules of Ihe :\uditor General, L1'c31 Go' ernmental Enlily Audits," Rllle 10554, Seclion (1)(1) In regard to Item 3, nothing came to our a Icn\ion \0 c~use us 10 believe Ih~t ~I any time during the year Il1e Distrlcl met any of the criteria r. oelng in a .,t~tc o( financial erncrgenCf H dclined In l'Iurida Sra1lilC 2) ~ )()1( I) Addlll'ln.lly, in r y..:d \1) II~.'" ~, WP. rp.pr~Y'.nl Ih~l th~ fInancIal r~I'(H1 file') Ydth Ih~ ()~l'.t\lIitlll "f !1M" "'r. ."tJ f 1:i:l:.:...t, VlJl~o,.I(Jr^ \lJi',u~IGc.-:)\t:t'~...r.~ l',?..'~:'~'.'It./' f:,'r.>. "b-...~.T"~;t'f"" 'It:''"' ,,.,..-. U'r'lIJ.lJ t~rlnr_iAI H,rlit ~,lIIt''' !'rH th~ l.;.:-!mr. periorj 18 , '\ '" ", " l l ~ '. '. If' "..";,, '. .'. . ,I. ~,l' , t ' ,- " , ,:"..'" '.l,.I,."'t1';":"".t""',I! 1 6G .. I his report IS intcnded solcly for [he use of the Pelican ~Iarsh Community Developmcnt DI\tricl, the Audilor Gencral of Ihe Slate of Florida, and othcr f(.'delili and stilte agcncics and should nOI he used for any other purpose However, this report is a mattcr of public fl~wrd and its distflt'utlOIl is not ;imiled ~ +~1YI- L.L,j? Fort Myers, Fiorida Decemher I J, 1996 19 EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL AGENDA 1 6G 3 p~("I.:.\VED "\...~! mi April 2. 1997 (NEW DATE) 3:00 P,M, . " .,1'(':' J ~ CALL TO ORDER APPROVAL OF THE MINUTES Ol.D BUSINESS NEW BUSINESS Misc. Cones: / Morr\~ ~ Ha"COC~ ~-- r.0~'tant\ne~~ l'i~c'~\1 ~ .,...",,,,'1 ~ Od\e: ~J.g...2- Ilcm~ I ~ ,G ' I. COp:CS 10., Council Merr,bers Others EMERGENCY MEDICAL SERVICE ADVISORY COUNCIL (EMSAC) INFORMAL MINUTES 1 6G 3 March 12,1997 3:00 P,M, EMERGENCY MEDICAL SERVICES HEADQUARTERS 3301 East Tamiami Trail Bob La,rd Mike DavIs Pa!:n8 Fuson Rl,ana Silllnders 511eldOll Reed Bob 5cnan!', Sharon Hanlon Excusec1 MembHs Fay Biles Paul Gunthel-Mohr Tlnl Smltt, Gary Young Un-excused Members Roger Evans Leo Ochs Diane B. Flagg Jeff Page Barbara Brown The regular monthly meeling of the Coliier County EMSAC. commlllee was ::al1ed to o!'der at 300 P M on Wednesday March 12, 1997 by Bob Laird Chairman. Trle minutes of the February 12, 1997 meeting were approved OL.D BUSINESS - No old bUSiness to diSCUSS NEW BUSINESS - Leo Ochs reported on lhe FY97/98 budge\. The EMS budget In terms of expanded servIces IS proposing to cOI~sider two (2) new units: one (1) for the Hickory Shores area and One (1) for the Golden Gate Estates area These units are to being requested due to grow1h and in inability to respond within the G minute standard Also looking at upgrading the Data Management syslem In EMS, to take more advantage of the current technology that is available ann try to link this with the billing system In Revenue Services so we can expedite the time between service and Issuance of the billing statement One of the problems we have run inlo is gathering the data on the Inp tickets in the field, sendin;;) this Informal;on from the field back ,nlo Quallly Control, and then se:ndlng Information back Into DepClrtment of Revenue so they can begin to process the bill. Part of the Data Managem8nt system objective IS to automate the process through scanning or other technology of the trip tickets that would allow us to send the demographic information that the medics obtain on the trip tickets immediately to Revenue Services so they can begin their processing of the statements a little faster. SI10ldon F,eed tt'\ought the Sheflffs Department WClS 100f<'1(] at a nev: CAD syJen? G ., Clf1d maytJo that syslerT1 could tlf; Piggy b<1ck InlO the EMS Dp.,xlftl1wnt I eo nc:i1S had discussed this With ,10101\ Yonkosky an(j suggested .10[11'\ ,ook Inlo \hl~ as well To do this ;:m addillonal clerical FTE would be ne8ded dS well as m<1na~llng trw medical records request Attorneys now go to the Dep,Htment ot r~evenlJe 10 look for this Information and EMS IS the custodian of \l103e ll1edlcal records Customers are being sent back and forth between lhe Iwo faCilities Revenue Services .;pend a lot of time looking for these records, and someone must do thiS work and if Department cf Revenue can't do It, It would fault to EMS, so it could pOSSibly be done by volunt8,"rs pari \lIne people or FTC If we coulc1team it UD With thiS Data Management system WIlt1 Revenue Services needlf1'j aS~lstance witt'l Medical Records. Er,,1S IS ~eekll1g a temporary pers0r1unt;1 !tle end of 1I1e :lsc31 year and atlhl~ pOint we I,ave budgete,j fOI IS not ttle records per';or, but .1 per~,on to miwilge tt1e cumputP.rs, so we carr de' the 'Jata Inout In the field and Ulen down-load all the Information Into It'\e Revenue Services to their software progr am Revenue Services IS hooked Into the NCH computer, but due to tt19 t~me It takes for the comouler to work witt' the NCH computer, DOR is currently gOing across the slreet and uSing the compuler at Physicians Brllln';) a cOrTlplelely sef'l:!rate oH:ce That is flOW they are accesSing With NCH. AI !illS time the trip tickets are scanned 11'\, but tt',ere are no demographiCS sC2f1ncd Hi The only thing scanncC are 1I'\,IIal blood pressure illnes$, etc but there IS an entire Side of the rU'l report the mediC has 10 w"te out That Informat'on does not go Into a computer When the chart goes t:J DOR, the DOR hires two cleflc.J1 people 10 Inpul Ihe demographiC InfOfrTlallon From tl1at pornl they go to NCH for addltlonalll'\formatlon needed and then the bill IS sent Under the proposed Data Manager thiS wrll become completely seamless. the Initial Information wrll down load to the NDT, the mediC Will complete the chart then up load to headquarters The Data Manager will manage all of thiS and send the ASCII file that IS needed over to OUR and Ihey wll: not rlave to ;nput anythmg at that point Diane Flagg stated tile closest station to Lely Barefoot Beach and the Bomta Shores area IS located on Vanderbl:t Beach Road at Pelican Bay ThiS results In a twelve to fifteen mlnule response lime to lhat area A unit was planned for tt'\at area in last year growth management but was not Implemented al that trrne, but Will be pursued HllS year The Golden Gate Estates area. In the last five years has had a 97% population Increase As a resLdt of thiS growlh r;Jte, and with the closesl unit being in Golden Gale City, this will be the second are:! that we are seeking to address thiS yem To add a unit, complete w;lrl personnel, In thiS years budget It will be approxlmate!y $331,000 ThiS wrllt)e the Impact on the EMS budget per unit. L.eo will keep the board adVised on the budget as it goes through the cl1.3nnels , . ~ ': I '.;,. ~ t I ',~, ~.~ : ", '1. "f',. ....~~ " :.'; '.,'.';:; ~, . '.,~."vJ."..JJ";).' ~ .:"~.. ..t,~: ., '~,~:;'::! !'l'; ",~.'<'t ", : ~ I "'. "j , , , "J .1. "" .. 11 ,." ,..1 'l',t 'f . .. ,. . . '\~~: (,',1'1./":: ' .it : . Mike Davis asked about the new Fire Chief In North NClples saY''lg one of hiS 1 b G Doals is to expand Enwrgency Me,llcdl Servlce~ Dlar:e Flctgg e>.'Jlalned he was not familiar Witt, the situation In Collier County 11e did nnl know th;;t g,eater than 50% 01 the time the EMS medic unit IS on Ih€: scene al :112 S;Jme lime (:r t)efofl~ the Norlll Naples Fire Unit One of Ihe reasons thiS '"",,IS starteej. ye<Jrs ilgO, was because the fire truck was ,wadable and medic units were not The new Chlel IS from a Fire/EMS system and the communication channels Will be kept open Dione dId diSCUSS With th8 Chief Ihe pOSSibility or uSlIlg a wing of the North Naples stollon that IS not belllg used. 10 house an EMS station m,o,~a Saunders asked what H',e situation was with Lee County using our ambulances Diane Flagg stated Lee Counly Will have ct second unit In Bonit;J ell Hw end of the nlonth. We send a ",,,II only for an emergency Ti,lS hos been a very busy season With 140 calls In one 2,1 nQur perlud EMS IS projecting 2.000 more ll,!lable calls ttllS year NCH ana EMS will be ex.c~langln9 fluid" and tubing by the enl1 of tt1~ w~ek The ~ospltal wili bill for the flUids and EMS will receive ,,1 flUid baq :11 exchar:ge for e:Olcll (JlllO' ,eft at Ihe hospital With Cl pattenl SPECIAL R!SK Specl<11 Risk Insumnce IS available to :aw enforcement. and fire fighters F'ari'lmedic's and EMTs are a relatively new profeSSion The mediCS worked very hard to get thiS through legl~,lailon last year but II did nol make It ThiS year they have the sup~or\ of Representative Burt Sunders. and hopef",l!y wllh more support Ihls bill will past Leo ()~'hs stated ttle bad $,de c,f thiS IS thilt the employer will h3ve 10 pay 1 GO% olltle pension contribution In Ihe past Collier County has taken a neutral sland Bob Laird, Chairman polled the committee to see if there would be any problem to changing the date of the monthly meetings, He has been appointed to the State of Florida Contractors Licensing Board and the date will conflict. Everyone was in agreement to change the monthly meeting dates to the first Wednesday of each month in lieu of the second Wednesday, The next meeting date will be April 2, 1997 at EMS headquarters, Meeting adjourned 1 6G 3 FE!lRUt\R'f 2(" 1997 TRANSCRIPT OF TilE MEETING OF TilE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, February 20, 1997 LET IT BE RD~ERED, that the Collier County Planning Co~~ission in and tor the County of Collier having conducted business here~n. met on this Oil"e at B:lO a.m, in REGULAR SESSION in Building "F" 0: 'C.he Go\'enl~.1f'::t ':'Jmplex. East Naples, Florida, \tlith the following ;~E,iliers present CHAIRr1AN: Mi ke Davis Russell A. Budd Rich [-led son Ed Oates Michael Pedone Gary \'!:"age Donald J. York Absent: Michael J, 8r-uet Fred Thomas 'ALSO ??ESENT: Marjorie Student. Assistant County Attorney Page 1 AGENDA 1 bG ') COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 AM, TllURSDAY. FEBRUARY 20. 1997 IN THE nOARD OF COUNTY COMMISSIONERS fvlEETING ROOM. ADMINISTRATION BUILDrNG, COUNTY GOVERNMEtH CENTER, EAST NAPLES, Fl.ORIDA tJ~TE ANY PERSON \1;1-10 DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERT AINlNG THERETO, AND THEREFORE MA YI'lEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDrNGS IS MADE, \VH1CH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED ALL MA TERJAL USED n, PIU:SENT A TI0NS BEFORE THE CCPC WILL BECOME r\ PERMA>-IENT PART OF THE RECORD THESE M,o\TfRIALS \>,iIl.L Of AVAILABLE FOR PRESENTATION TO nIT BOARD OF COUNTY COMi'-lISSION'ERS ROLL CALL BY CLERK 2. ADDENDA TO THE AGENDA APPROVAL OF MINUTES 4. PLANNl?'G COMMISSION ABSENCES 5. Bce REPORT 6. CllAIRMAN'S REPORT 7 ADVERTISED PUBLIC HEARINGS: A. Petition NO.BD.96.27, Wayne Furfe)' of Custom Dock & Repair. Inc., representir.B Bahama Bay Club. requesting a 5 foot boat dock extension to allow for three tinge: piers extending 25 feet into the waterway, for propeny located at 1132 Sv.'allo'~ Avenue, fun her described as Lots 14 & 15. Block 338, Marco Beach Unit #10. (Coordinator Chahram Badarntchian) (Con:inued 10 March 6, 1997) B Petition No V.96.2S, Todd Pressm~n of P; essman & Associ:\:es, Inc.. reprcsen!\~,; l.ll. Williams Oil Co, lnc, re<]uesling a 37 :'00t varianc~ to tht' rcquircd 40 feet si.: setb<!ck established for C<lr washes in the C ,4 zoning diSlrict :a J fect for prope;-:' IOC.:lled at 1095 North Collier Bou\c'::ud (C {. 951). fUl1her d':;:ribed as a ponion ;; Tr2.ct "G" of Marco Beach, Unit 4, in Secli:1 8. Township 52 So\ah, Range 26 EG.." Collier County. Florida. consisting 0:".74 a,'~s. more or less. (Co,)rdinator Chahram Badamtchi2.n) (C1linued 10 March (. 1997) -'....----..... ". - C Petition No.Y-96-32, Darren M. Taylor, requesting a 25 foot variance 10 the required rear setback of75 feet to 50 fcet and a 25 foot variance to the required fronl setback of 75 feet to 50 feet for property localed at 501 Donna Street, fi.llther described as Lot 1, less the north 250 feet, Coconut Creek Unit 2, Collier County, Florida. containing J .26 acres. (Coordinator. Fred Reischl) D. Petition No.Y-96-33, John P. Asher, PE., of coastal Engineering Consultants, Inc., representing EL Partners of Naples, Inc., requesting a 10 foot variance from the required multi-family rear yard accessory setback of 20 feet to 10 feet for constnlCtion of a swimming pool for property located on Donita !:leach Road (C.R 365), further described as a parcel of land situated in rhe northwest qu:u1er of Section 5, Township 48 SO\\Jh 'Riingooo25 East, consisting of 5.6 acres, more or less (Coordinator: Ron)Jino) E. Petition No. PUD-97.2 , Bob Th;nr.':s and Q Grady Minor & ASSOCiates, P.A, rcp~c.scnt;ng DeYoe Family Limited Partnership and DeYoe's Inc, requcstins z rezone from C-3 to PUD to be know11 as De.Yoe Pontiac PUD l()r an automobile de'llership and all of the uses authorized in the C-} !rHermediale Commercial District for plOpcrty located on the east side of Airport Road (C.R. 3\), approximately 250 feet south of Glades Boulevard in Section 12, Township 50 South, Range 25 Eil5t, Colli(.'.- County, Fk,rida, consistins of9.55 acres, more or less. (Coordinator Ron Nino) F Petilion No CU-96-27, Terrance Kepple of Kepple Engineering, represcnlinf Unitm;ln Universalist C()ntreg~ti()n of Greater Naples, Inc., requesting Conditional Use in order to increase the existing church ,eating c..Ipacity from 10010 300 sealS, pro~ide Sunday School elassroor:1s and a fellowship hall; and increase the loez] building size from ~.300 sq. fl, to 23,000 sq. ft, for property located on 12'" Avenue S. W., in Section 17, Township 49 South, Range 26 East, Collier Counly, Florida, consisting of679 acres. (Coordinator: Bryan Milk) 8 OLD BUSINESS ') NEW BUSINESS A. Discussion of January 1997 LDC Amendments. 10. DISCUSSION OF ADDENDA I I. ADJOURJ-i 2-20.<)7 CCPC AGa'DNmd '; .' -~, I " . , \ 1'1' ,.' ~' ' ;,:\ ,'." ;.~ ':':, ' ~.' I:'; ,..'<: . ..: i .,.... " ,,',.,. ..:J' . \ , 1 6G 3. "EBRtlMY 20, 19'1'] CHAIRl-'.AN DAVIS: Call this meeting of the plannil:q Commission to order. and begin by calling the 1'011. Mr, :-leI so!' , MR, NELSON: Here, CllAIRl1AN DAVIS: Hr. Budd, (No response) CllAIRH_W DAVIS: Hr. Bruet had indicat.ed at our last meeting..he would be unable to att.end today. Mr Thomas, (No response) CH."IPJ1J\N DAVIS: Mr, Davis, hen~, Mr. York called in and had an emergency come up and couldn't be her.e today, Mr, Oates, 1'11', OATES: Present, C\V_IRMAN DAVIS: 1'1:-, Pedone, MR. PEIXINE: Present.. CHi,IRMAN DAVIS: Xr. Wrilge, 11R, WRhGE: Hel'e, CHAI;u1AN DAVIS: We do have a quo-rum; 50 we can proceed, We have no minut.es to appr'ove. Any commission absC!lc,~s pl.:,nner.i? (No response) CIlAlr~~N DAVIS: The BCC r.eport, anyt~ing, 1'1" Mulhere? M!,. r.t1JL\IERE: ?\o. CHAIRH}\}) DJ\VIS: Okay. Nothing on the chairman's report, ~~, ChTES: Mr. Chairman, CllAIRMAN DAVIS: Yes. -m{, OATES: I will be gone the 20th of March, CHAIRMAN DAVIS: Second meeting in March? MR. OATES: Yes. CllAIRYJ\N DAVIS: Okay, Mr, Oates. Under chairman's report we have communicated by memo, with !oIr. Mulhere's help, with the BeC on that joint meeting that t.hey're t.alking about probably for the fifth Tuesday in -- in ~ril; so ther'", should be more to follow on r,hat, With that, let's jump right into the advertised public hearings, and it would appear that Items A and B. we would need a motion to continue those two items, MR. PEDONE: So moved, MR. WRAGE: Second, CIU\IR.!1AN DAVIS: Moved by Mr, Oales, seconded by Mr, Wrage, Any disc'..lsS i.on? All those in favor signify by saying aye, Opposed? (No response) That carries unanimously. That gets us up to petition V-96.32, and Mr. Reischl is ready at the podium, MS. STUDENT: Mr. Chairman, we need to swear in anyone that's going to tes~ify "n this item, Page 2 1 6G FEBRUARY 20, 1997 CHAIRMAN D,\VIS: Ycah. I -- if I could have everyone that's going to testify on petition V-96-32 please stand and raise YOl.:l" right hand so that the court reporter can s.....ear you in, (The speakers were sworn,) MR. REISCHL: T don't see the f1ctitioner here, CHAIRMAN DAVIS: Okay, MR~ nEISCHL: Good morning, Commissioners, Fred Reischl, planning services, This is a request for a variance in the estates ?oniflg di.strict, not Gold~m Gatp. Estates. It's east of Airport Road, south of Gail on Donna. It's a legal nonconforming lot that '^'as created in 1961, The lot 'NilS split from the former cOTT.pl.~te Lot 1, and there is a house to -- house and guest house to the north and a house and an agricultural activity to the east, To the south is creek and mature vegetated area through here (indicating), The petitioner is req'..Jestin;j the variance, for one reason, to retain as ~uch of the mature vegetation on the south side of the property; second, the ne'^,er houses -- a."ld I confirmed this by driving through the neighborhood, The newer houses in that neighborhood tend to be larger:, more u[.>scale houses. And this 1S '...hat the petitioner 'Nishes to put into the property, With the 7S-foot front and rear setback, he could fit a legal house on the lot, and he does .....ish to build a bigger house than could fi.t: on with TT'inimurn code, He's requesting a 50-foot rear-yard setback and a 50-foot front yard, retaini.ng the 30-foot side and obviously 30 foot on this side, That's similar to RSF-l zoning district. There is RSF-l in the neighborhood several lots to the ea.s: on -.. on Gail, However, all the zoning surrounding the property is -- is estates, .. The -- in the staff report I had mentioned that there was a house on here that was demolished last year, The rear setback for the old house was approximately 50 or 55 feet in the rear; so tha: is not going to be a substantial change from what was existing last year, However, the old house did meet the 75-foot front-yard setback, One of the factors that may ameliorate this and the reason that staff supported the request for the variance is that there's 20 feet of unpaved right-of-way along Donna. therefore, resulting in 70 feet from the edge of pavement to the front of the house, CHAIRMfu~ DAVIS: ~~, Reischl, I'm pretty familiar with this area, and I think you alluded to it, 'rhis -- this would be in keeping with the character of the neighborhood as -- as the redevelopment is occurring, :--It{, REISClIL: Right, CHAIRMAN DAVIS: And I think that's an important factor. ~q, MULHERE: You Know, I would just add one consideration, and that is that in -- in all of the other residentia: districts if you have a nonconforming lot, the Land Development Code allows you to go to the most similar district to the size and area 0: that lot and apply those development standards. And in this case if Page 3 1 nG FEBRUAh~ 20, 199~ we use that rule, it would be the RSF-l district, but within the estates it specifically says that the only consideration for a nonconforming lot is -- is that you get a -- a width reduction, but not front and rear, and that's because most of: the nonconformity __ the great. majorit.y of nonconformance t.hat we find in tile estates are that they're narrower lots and -- they're 660 feet deep; SO there's plen ty .of room to make tha t se tbilck . So it does make sense, I tll i nk, in (Mr. Budd entered the boardroom, I MR. REISCHL: This lot is almost opposite of a typical. Estates lot. CHAIRMAN DAVIS: P.nd w..~'re seeing a lot of r,=devF!lopm'~nt i.n that area, As you pointed out, Fred, n lot ot really up~;cale housing is being built in that little po(:~et there, Any questions of staff? MR REISCHL: I alsr) '....ant to mention I did receive one phone call t.hat was asking a fe'.... questions, and t.he gentle!han had no objection, I did receive n letter from a neighboL She was unabie to make it but ~;i1id she was opposed to it becallse she didn't think th,? front setback should be reduced __ CHAIRMAN DAVIS: Uh-huh, MR. REI SCHL: ., - by U:a r. much. CHAIRN,\N DAVIS. ~o reason give" for that-' HR. HEISCIIL; No, OlAIRV,AN DAVIS: Anybody have any questions of staff? MR. WRAGE: I just -- jllsr a s~mple one, There's 20 feet of right-of-way? I guess I do~'t understand __ MR. REISCHL: It's a -- Donna Street is a 60-foot right-~f-way. There's 20 feet. paved; so there's 20 __ MR, I<I'RAGE: On each side, MR, REISCHL: -- on either side that's not paved; so it's not part of the petitioner'S p~operty, but it's effectively along, MR, WRAGE: Okay, 1>".R, OATES: It will never be paved either, not in my lifetime, MR, REISCHL: At this time the:'e are no plnns to expand pavement, CE,;IRMAN DAVIS: Any other que3tions of staff? This is a public hearlng, Is there anyone else here today that would like to speak on i3sue -- this issue? Seeing none, I'll close the pujlic hearing, What's your pleasure? MR. OATES: Mr. Chairman, I mc"e we recommend Petition V~96-32 to the BZA for approval., MR. PEDONE: Second. CHldRMAN DAVIS: Moved by l'lr, 'a tes, seconded by Mr, Pedone. All those in favor sig~iE~ by saying aye. Opposed? (No response) It carries unanimously. Let' ~ record show that Mr, Page 4 1 6G 3 FEBRUARY 20, 1997 Budd has joined us, petition v-96-33, Hr, Nino. MR, NINO: Petition PUD -- Ron Nino for the record, You going to swear? CH,1I.IRMAN D;',VIS: Yeah. I'm sorry. If all those people who are going to testify on petition V-96-33 could please stand and rais" t"Ileil' right hand so that the court reporter could sw~ar you in, (The speakers were sworn. I CHl\Hu-\AJ\: DAVIS: Thank you, This one -- t,his one seems to be real straightforv-:ard, Hr, Nino, MR, NINO: Yes, it does. You have a petitioner that -- that the -- aqain, Ron Nino for the record. At the time of the rezoning action, the petitioner submitted c\ fairly detailed site development plan, and at the board's behest they asked that the building be set back as far as possible from Bonita Beach Road, In se doing, the developer failed to appreciate that he r.eally wasn't leaving himself enough room to establish a -- a pool amenity and deck aJT'enity at the rear of his buildir,g whi.ch fronts on the -- on the coastal waters of t~e Gu~f of Mexico, In reviewing t~e petition and the conditions for g:-anting a variance, we -- we felt that there was substantial peculia] conditions and r~lationships, namely, the fact that when you look at yard requi.rements dnd what: they're all about, which is the preservation of ade~uate open space and circulation of light and air, when you have a pet:.tion that fronts on thousands and thousands of acres of open, un -- unencumbered waterways, why, obviou!:ly the philosophical reason for the variance simply doesn't apply in that case. And we felt that there was adequate unusual circun\stances attributable to tha:: relationship to recommend reducing the rear yard requirement from 20 to 10 feet for a pool and supporting deck facility, CHAI~N DAVIS: Any questions of either staff or the per_i.tioner? Anyone else that would like to speak on ::his issue today? We don't have any questions of you, Mr. Asher, MR. ASHER: Okay, Great, CHAIRMAN DAVIS: Close the public hearing. Gentlemen. what's your pleasure? ~ffi, OATES: I move we submit Petition v-96-33 to the BZA with a recommendation of approve -- our recommendation of approval. MR, BUDD: Second, CHAIRMAN DAVIS: Mr. Budd seconded the motion. Mr, Oates made the motion, All those in -- is there any discussion? All those in favor signify by saying aye, Opposed? (No response) It carries una~:.~ously, PUD-97-2, woulrl all those people that are going to testify on this petition, PUD 97-2, please stand, rais~ your right hand so that the co~r: reporter may swear you in, Pag" 5 1 6G_ FEBRUARY 20, 1997 (The speakers were sworn,) CHAIRMJili DAVIS: Thank you, Mr. Nino, MR, OATES: Mr. Chairman. CHAIRMfu~ DAVIS: Yes, sir, ~1R, OATES: The thing that Mr. Nino just handed out refers to it as 96,2: is that incorrect? It should be 97,2? ME, flINO: Yes, sir, Thank you, Ron. Nino for the record. PUD 97,2 is a request to rezone property nO'.o/ zoned C-) to PUD, That p~'ope'Cty fronts entirely on Airport ~odd and is i.mmediately contiguous to the north side of the curn>nt DeVoe Pontiac dealership just north of this facility ,':I.nd extends all the way to the p~operty line that is contiguous to St. Matt.hew's House. As I indicated, the pro{Jerty is zoned C-3, and the purpose for the PUD rezoning request is to accow~odate the petitioner's wish to extend the automobile dealership, which is a C-4 use. onto this additional -- additional property at least u~ to the point of the entry-way to the housing pI'oject that is -- will soon be under cor.struction to the iWJnediate '3ast of all of that frontage. That point is Calusa -- Calusa Road, It is located at about nearly hal:way through the property lindicating) , DeVoe Pontiac intends to extend their dealership all the way north to that road. The pun is structured to allow all of the C-) uses as are currently allowed in the Land Development Code with one exception, We -- we asked the petitioner to delete a reference to the old -- what is that district~ The old GFH or ~hatever it was. MS, STUDENT: GRC? ~1R, MULHERE: GRC, -MR, NINO: GRC zoning district, which they agreed to do, and to add specifically co the C-) list motor vehicle dealers, new and used; SIC group fifty-five eleven, which accomplishes their objective and, in your opinion, in the opinion of staff, is consistent with the future land use element of the Growth Management Plan. You'll -- when you read our section on consistency in our staff report, you note some underlying concern that the intent of the FLUE is that there should not be a zoning action which introduces a use more intensive when you're dealing with land that is inconsistent with the future land use element, Remember, all this land is inconsistent with the future land use element. However, through the zoning reevaluation process, it -- it -- it kept its zoning classification, However, technically we're -- we're not -- we're constrained from zoning the property from C-3 to C-5 or C-3 to all of the C-.4 uses because one would argue that those uses are more intensive, and -- and that's not an action that -- that we're supposed to entertain. However, we felt, and the analysis, we hope, supports the proposition that an automobile dealership is no more intensive than many of the currently authorized C-3 uses, And we hope that you agree with with that analysis that is contained within your staff report, Based on that we felt that this petition is consistent with the intent of the future land use element. It is also consistent Page 6 1 6G ' 3 FF.BRUMY 20, 1997 ~ith all other applicable elements of the GMP, particular traffic circulation that doesn't exceed the 5 percent significant test, It ~as sewer and water. It has all of the infrastructure; therefore. it's consistent with that element. There 'Has one issue that -- two issues that -- that came up in the, la"t tew days. One, we neveL' did L'csolve an issue of -- 0: how watcr~analJement was going to be accomplished, and after several discussions water management staff suggested that -- that the cor,dil.ions that I gave you be included i.n the PUD document, HR, OATES: Has the pet i lioner seen those concli t ions? MR, NINO: Yes, he has seen th05c conditions, And one (,ther issue -- for the record 1 should -- tor the record I should gl.ve YOIl Uh~ mor:e current PUD. I know you're not going to read it no..., tl\:t ~t least I gave it to you. CHf',IRJoL'\N DlIVIS: Mr. llin'~, what ..- whi.le you're handin,- that out, what we've got occurring he~e then is we've got a~ exi3ting caI' dealership that.' s going to ('xpane on tbe vacant. land to ~he nor'l.h (, [ ;:!',em. 1'1R. NINO: SO;1;C 0 f tha t land, yes. CHAIFU1AN DAVIS: Some of that land, !1R, NINO: Yes. CHAIRMAN DAVIS: And there's going to be an addition o~ additional buildings built which will trigger them re -- the r'equirement for .thern to meet our new architectural standards' . ,HR,.NINO: If"-- yes. if they -- if they determine to bulle: something other than a parking lot, other t.han a storage lot -. ~HAIRJo!AN DAVIS: Uh-huh. MR. NINO: -- which the site plan that you have with the mastt:r' plan suggests. they will be r:equired to adhere to the current c.rchitectural requirements, ~fR. ~nJLHERE: W,,'ve had discussions both with the agent for the property owner as well as pr:oposed -- as well as the dealershi.p, and they're aware of that fact. CHAI~1AN DAVIS: And those architectural standards with. of course. the architects are to the buildings, the landscaping, 'and all the -- the good things that gc along with it? ~~, NINO, Very definitely, Very definitely. During the review of -- of the PUD, there were a number of issues that required attention, and conse~lently the new PUD document was submitted after your packet had gone out. And most of t.hose __ all of those changes are reflected in the current. document., However, Miss Student has a few corrections that, in her opinion, still need to be made, So we ask that that your approval include reco(;:lition that there will be some in -- changes of an insubstantial flatu~, -;~. ?elative to the map. however, we need -- I need to cha: with you about that. The map that you have in your packet -- anc that is s,,:)mitted with the PUD -- contains two access points -- ::hree acce"s points north of the Calusa Avenue extension, We met ~ith the petie ioner. and -- and they agree that those two southerly access poinl s should be removed. which is consistent with -- with our Page 7 "'""",.,"'~--- 1 6G FEBRUARY 20, 1997 previ ous understanding of what the master plan W,E: going to propose c:msisr,ent with the -- with Mr, Kant's revie'", of the pun, So this map (.hat_ Y0U have in YOllr packer: will be amended to r('Elect only the mosr: northerly right in, right out, MR, OhTF.S: t'/hich is which street? MR, NIN(l: On --. on Airport, MR, ~TES; I know, but which MR, NIN:J: The mo~t northerly arrows, Commio:sioner, will be the only ones that will remain, The two souUI<'rly ones will come ou t . MR, OATES: O~ay, CHAIRHA.N DAVIS: That's opposite Calusa Avenue? illl. NINO: Yes. North -- opposite one is C~ldonia, and one is i~mediat~ly north of Calusa, vii th thElt we ~'ecomrnend your approval to the,; PUD document Ivith the inclusion of the water rnanagp.ment stipuiatiO:1 and and amendment to the map. CI!AIRM.l\N 0,0.\115: Any questions of staff? MH, NF.LSON: I have a __ CHAIRMA1\l DAVIS: Mr, Ne] son. MR, NELSON: I agree with your conclusions. It occurred to me that an exist -- the expansion of an existing automotive dealership with -- is even less intensive than a consideration of a new one. Did staff agree with that as well? MR, MULHERE: Yes, MR, NINO: Thank you, CHAIRMAN DAVIS: That's a good point, Mr. N"lson, The petitioner. "'MR, OATES: Mr, Chairman, I have a quest.ion before the petitioner starts, Do they plan on completely remodeling the existing building? MR, MINOR: Yes, sir, Grady Minor for the record, They're going to take the front off the existing building and remodel it. That will be after they const.ruct the new showroom. MR, OATES: Okay. MR, MINOR: But, yes, they do, CHAIRMAN DAVIS: Thank you. MR, MINOR: For the record my name is Grady Minor, I'm a registered professional engineer in the State of Florida, and I'm representing the DeVoe Family Limited Partnership, With me t.oday is Casey Fickey (phonetic), who is with the DeVoe Family Limited Partnership, and also Bob Finnis (phonetic), who is a certified planner with my Eim, As l1r, Nino explained, all we're really trylng to do here is is add one zoning approval to the exi5tin~ C-) zoning that you see in the light green, and that's to add th~ new and used vehicle dealership category from the C-4 zoning, That dlrker green piece that you see on t.he bottom is the exist.ing DeVoe Pont CdC site, The brown is the Heron Park Apartment site :hat's just beg'H\ const.ruction. I saw their contractors there this :nonling when I ~a.me by, And the __ the lighter tan on the top is St. Matthew's, Page 8 1 6G FEBRUARY 20, 1997 We've had a couple of meetings with transp0rtation, and and we're in agreement with Ed Kant on the deletion of the two t\~O dr i ves tha t we - - whet.c we had shown three, Ther',~ were thra" drives -- there are three drives now into the existing Pontiac dealership. 11.1', DeVoe has agreed to delete one of those; so we're we're also cutting one out from the existing dealership, There will only be c~o there where there were -- where there were three, CHAIRMAN DAVIS: Mr. MR. MINOR: And, of COlln;e __. CHAIP.}of.AN DAVIS: Mr. Minor, is the -- '....ill the southernmost entrance remain' HR, MINOR: No. That's the one we're deleting because of how close it is to the south property line, We're going to build a continuous right. turn Jane frorn it's -- I believe the business is called Nickel's Bail Bonds. We're going to build d continuous right turn lane from there to the entr-y into Heron Park, And that southernmost drive that's there now is the one that ....ill be tiele::ed, Give people a little stacking room to make their turn, Ev'crythin9 we're propo:>ing to do is going t.o be an improvement over whul exists no....., and we would V'!ry much appt'er.iate your approval of our request. CHAIRMAN DAVIS: Any questions of the petitioner'S representative? Anyone else here today to speak on this petition? Seeing none, I'll close the public hearing, Gentlemen, what's your pleasure? MR, BUDD: Mr, Chairman, I'd like to move that we forward Petition PUD 97-2 to the Board of County Commissioners with a recommendation of approval. MR, WRAGE: Second. CHAIRMAN DAVIS: Moved by Mr, Budd, seconded by Mr, Wrage, That would inclUde Mr, Nino's comment of further review for the legalities? MJ\,_ BUDD: Yes, sir, that's correct, MS. STUDENT: Mr. Chairman, for the record it's just small housekeeping details like some citati6ns that need to be cleaned up, things like that, MR. MULHERE: Nld the amendments to the master plan, removing the noted access points, MR, BUDD: That's included in the amendment, CHAI~1AN DAVIS: Okay, Thank you, All those in favor of the motion signify by saying aye, Opposed? (No response) It carries unani~ously, MJ\, MINOR: Than~ you, CHAIRMAN DAVIS, L,Bt, but not lea'~t, CU-96-27, I would ask all those that ar2 going to testify on this petition today to please stand, raise t~ei~ right hand so the court reporter m0Y swear you in, (The speakers we:'e ~worn,) Page 9 1 6G fEBRUAHY 20, 1997 CHAllU-'.AN DAVIS: Thank you, Hr. Milk. MR. MILK: Good morning, COlTuni!;sioncrs. Fe.., the reco::d my name lS Bq/an Milk, I am px:esf~ntinq Peti.tio!, Cli-96-27, Petition'~r is requesting a conditional use in order to enlacqe the ~xisting ch:lrch, fello....'ship hall. and clas!;room facility c:ux:rent.1y on site. In J.981 the petitioner received a condition,,] use approval ior a 150-room (slc) church facility, h,llowship hall., and classroom, ItB congregation has grown, They h"\i\~ growing pains, i\nd what they'd like to do is tea:. dmm the old facility and build 11 bra...,d new facility which would incorporat.e a congregat. ion seating capacity of approximately 300 seats, a lurger fellowship, slash, social haJ1, and they'd like to incorporate t:he classroom faci liLies .into the building itself so it would b~ an integrated facility architecturally designed and all connected. This facility currently is the property,s currently 6,79 i1r.res, This prope:-ty d,)p's not encompa.ss any extra property than what was originally [:,lanned (or in 19A1 because ,)f the requircmen';s of the Gt-owth ~lilnagemenl Plan. The church owns the adjacent cont,iguous :2 li~-acre tr<3ct just :'Tarr,edi..J.tely to the el1st which abuts the :i2:.h Avenue Southwe:;l Boul<e'vard there. That is not it part of thi~ petition. Currently access is provlded from Tenth Avenue Southwest which intersects directly with the extension of Napa Boulevard and Santa Barbara Boulevard. The petitioner also desires in this application an ingress-egress access lo 12th Avenue Southwest of which staff is not in favor o~ this particular interconnect, Staff has received no letters of opposition for the subject petiti.on and recommends approval subj.;,ct to the resolution of adopt:i'on inc 1 uded in your s ta f f report. I f I can answer any ques t ions at this time, I'd -- 1'0 be happy to do so. CHAIRMAN DAVIS: So your recommendation does not support the ingress-egress to 12th Avenue Southwest. MR. NILK: That's -- that's correct. CHAIRHAN DAVIS: Okay, I\ny questions of staff? MR, BL~D: Yes, Why not the 12th Avenue access? What's the pr0blem with that? MR. MILK: Why not? I think. perhaps in 1990 -- in 1981 when the petitioner received its approval -- the subject property is at the end of the estates zoning district, It abuts the 1-75 canal and corridor. It's at the end of the single-family district. When its -- review back in 1981 it only focused on one access, That was to the north, and that was to 10th Avenue, It basical.ly had two points of ingress-egress, one from !lapa and one f::-om Santa Barbara. If you ,: double the intensity of the congregation, lts growth, you'::-e going to have basically the same traffic on lath no',,' on 12th Avenue, The development of the area now is -- lS primarily 60, 65 percent developed with single-family hon~s on 2 1/2-, 5-acre tracts. Staff's position is that this WOUld nor, warrant the eXll'a traffic on 12th Avenue to disrupt that sin,.:Le-family neighbol-hood at the end of that zoning district. We'd, pe:~aps, maybe have a different feeling if it. was on th\, corner .,:: Santa B6.rbara and 12th, Page 10 Ir'fll...____ 1 6G ... ;,. FEBRUARY 20, 1997 but being it's at the f>nd of the district and U", traffic to and t:rom, staff figures most of the tratfic or at least halt: ot: it is goinq to go north dnd half south. T~ey're going to take th@ point of lea~t resistance, The I...ay it's designed, ilcc0rding tn the master plan, it probably makes more sense to access the project from 12th Avenue as currently proposed b",'cduse what happens from tl:c' north, there's dPproxi:na..r-:.l'l a gr.'avel lane of ilpproximately 9aD feet from 10t.h to the curre:1t fil.r;ility, ,hat currently is not paved; so, you YJ10W, folks would like to have a nice entranc~ on 12th and -- and have an imp~oved parking lot and -- dnd entrAnce feature, MR. OATES: I'm not aWilre o( either of the streets -- avenues, I'm "orry, Is 10th d biq,l'"r thoroughLn:e than 12th ~!;, or MR, MILK: No, sir, they'rp. all 60-foo': ea~cments, It's a -- it's a local road in an estates zoning designation. I think the streets are 20-foot wide. They s~rvi~e 2 1/2- and 5-acre parcels, They orig-inally intersected with t.he extensi.on 'J~ Santa Barl:iara Boulevard and now with Napa, Half the cong~egacion goes north towards 1-75, l\qai.n, in 19B1 then, wasn't the population tho:: exist's t;oday, Again, this petition and the master plan, staff has not recelved any opposition to the current plan, For reasons of the development occurring in the residential area and the additional tra~fic on the weekend, staff is not in favor of t.hat access to 12th Avenue. MR, OATES: You shew an optional 20-foot wide paved drive, Optional is their doing or -- on that 980 feet that you talked about, it shows here on the plan that I have an optional 20-foot wide MR, MILK: What current.ly exists, Me Oates, is the what I would call a gravel-type driveway, What. they would propose to do at some point. is to pave the -- the gravel drive to a 20-foot type ingress-egressway, MR. OATES: Could we make that a stipulation that they have to do that and then -- and then allow them to open up 12th Avenue? Would that -- if I were going north, X just -- I'd just as soon dri.ve on a paved driveway inside than I would on a paved street, MR, MILK: That. could be a condition of this approval, think there's some costs associated with !1R, OATES: vlell. I understand that, MR, MILK: I think u CHAIP~ DAVIS: I think, Ed, there's a difference here, being very familiar wir_h this project, is the -- the current ingress-egress takes you out past a piece of property that we recently reviewed, Cleveland -- MR, OATES: Cleveland-- CHAIR.'lAN DAVIS: Cleveland Cl inic, Ar:d very shortly you Cdn make a leEt and come out at a traffic light on pine Ridge Road at Napa Boulevard; correct? MR. MILK: Correct, Napa and pine Ridpe, CHAIRMAN DAVIS: So it gives '{OU -- it gives you -- it Page 11 i 1 6G FEBRUARY 20. 19 n strikes me that it is. in fact. the least of eh" evils. but certainly the petitioner may convince us otherwise. Any (,ther questions of stafE? MR, WRAGE: Just a ~lick question on 12th. If they come out on 12th. they can't go right, west'? HR, MILK: It would have to continue ea>it. to Santa Barbara B~le'lard and either go north or sout:h La Logan or to MR, WRAGE: But that is a dead end at 1-75 right there; righ~ ? CHAIRHAN DAVIS: Uh-huh, MR, MIL!: If they ....ere to tt:3vel east. tb:y would dead end lnto Santa Barbara. MP. WP.A(;E: No. I mean going west, That';; d dead end MR, MILK: That's correct, 'rhis is t.he I-'1S canal. CHAIRMAN DAVIS: And. Bryan. you say tll" - - th-:! cont.i'J\Jous piece of property they own and _.. is I'he next lot to the east? MR. MILK: That's r;ot:rect, approximately 2 [/2 acres, ~ffi. OATES: 180 teet. . CHAIRHAN DAVIS: '.-Jhich fronts on 10th? MR. MILK: On 12th. MR, OATES: It's 180 feet? That's what it says, MH. llILK: 180 feet. right, It's a full 2 1/2 acres; so I believe it is, CI!AIRl1AN DAVIS: Any other questions of staff? Petitioner. MR, KEPPLE: Good morning, Fot: the record. Terrance Keppie representing the petitioner this morning. We are requesting a conditional use for additions to the existing church, They intend to construct in phases initially building a social-type hall and eventually a new church and would intend to t:emove the existing church and the modular building that's on site, This church was established in 1976 in Naples, and it has occupied this site since 1981. The current congregation size is 175 members, and -- and they have outgrown that small facility they have now, They have service one -- one day a week on Sunday mornings; co~nittee meetings as they need them throughout the week, maybe a half dozen, dozen people once or twice a week. So they don't have a lot of extra traffic. They are not asking for a day care or anything of that nature that would cause day -- a minimum -- a lot of daily trips into the site, The proposed site will be brought up to current parkir.g and iandscape codes, The parking there now ts stabilized lime t:ock. None of the facilities are paved within the pt:oject, It would pave the accessways within the project to the parking spaces, Righ: now it is optional to pave that driveway to 10th, Depending on costs -- they were planning on paving it if it's cost effective. We are requesting an additional access 0n to 12th Avenue Southwest, It '....ould be constructed to county standards, The ,'eason for :hat is because the -- the church has aLlays been situatec at the Page 12 1 6G FEBRUARY 20, 1997 south end. That would be the true enU.,1nce to t.he project, although most. of the congregation do -- does use Pine Rid~e Road and would contio.,ue to go north to lOtlt and out onto Pine Hi.dge, Right now our estimate is between 10 and 25 percent of the conqregation would exit onto 12th and go south on -- on Logan Boulevard. As far as your comment regarding paving that. gravel drive and.- so that we could provide adnitional access onto 12th, I -- I've been informed that that would _.. would h" acceptable as a stipulation, that we would pave that thousand-fnnt grdvel drive if we were allowed to gain access onto 12th Avenue a~ ~ second -- secondary access, And, aga in, t hat. is planned ,15 a ~;ecor,d,'ry access, a 1 though the dn:rch is facing that. direction and has facf'd that. direction. Regarding the stipulations, the one other ore we -- the t'....o othc'r ones regard 'JAgetation. \'ie will adhere> to the requirements for ret,1ininq the nati.ve vegetl,ltion on ;.;itc per t',he -- per the county codes, dnd we will provide the approprinte note~ on the SOP to provide for Pl'cservation of that vegetation, although I rton't believe it's rf'quirf'd' that we provide recorded easements or s.ubdivision plat to ~ieserve t}10se veqetatQd dreas. That's the only C0"lments I have, questions -- CHldRMAN DAVIS: Any questions of I-lr. Kepplp'! (No response) I guess not, Tha~~ you. Hn. KEPPLE: Thar:.~ yeu. CHAIRMAN DAVIS: ".nyone else that "Jo~ld like to speak on this petition today? ?lease come forward to thp- podium and state your name. You were sworn, correct, sir? '11:H, CARPENTER: Yes. CfV\IRMAN DAVIS: Thank you, MR. CARPENTER: My name is John Carpenter, I live at 6236 12 th Avenue South'^,est, When we learned of this proposed expansion. we were informed that people within 300 feet were to be notified. Well, Mr, Hoover, who lives across the street from us, was not notified, Whether this is a violation, I don't know. But our objection to this is it's going to become a cut-through similar to 10th and Napa now. We don't want that on our street, We didn't buy to get on a heavily traveled street, And if you don't believe that 10th is heavily traveled, go there in the morning or in the evening and watch the traffic cut up there, Particularly with putting a light at Napa. it's going to make it easier for people to cut through. And. therefore, they'll use both cut-throughs, not just 10th. There -- there ar~ a good many childr~n on our street that play in the stree:, and with the l.imited tl'affic, it seems to get bv somehow. But with .he additional traffic, we don't believe that to b~ the case, We belie~e it will depreciate our property values; and, therefore, we are firm:y opposed to it exi:ing on 12th, That's about all I h~ve to say, MR. OATES: Mr, C:airman objection if we requir€'d them used on Sunday morning~ or -- 1f you have any sir, woulj you hove any to fence that so that it would only be or when they're having a meeting, in Page 13 1 6G ~ FEBRUARY 20, 1997 other words, so it ....asn't -- isn't possible for people to use it il~; it cut-through most of the time? M~. CARPE.....<TER: ThaL might be acceptable, except we still aren't going to love the S'mday l1Iorning traffic. MR, OATES: Right. I understand, MR. CARPENTER: Nobody does, MR. OATE;S'. You're gning to -- you're going to have -- you're going to have thdt. i'mywhcre, I mean, somewhere in the area, MR, CARPOITER: But it would be coming from 10th and not from 12th, We didn't buy to qet on a heavily traveled street, CHAIRMAN DAVIS: Thank YOll, sir. I\!'~yone else') please come fOD"ard, MR, OATES: He isn't sworn. CHAIRMAN D.;VIS: Okay, You have not been s'.;o,n? MR. STEPHENSON: No, I have not, CHAIRHAN DAVIS: If you could raise your right hand, we'll ask the court reporter to swear you in, (TllC ~,'pcdker was s'^,orn.) CI:AIRMAN DAVIS: line st.at e your ni'un'? Eor the I'ecord, ~ffi. STEPHENSON: My na.'l1e is Jim Ste;:>:".~nson, X am a resident of 6261 12th Avenue Sout.hwest near the property we are discussing. I "lso want to sta,te my firm opposition, Mr, Chairman, to the proposed driveway t.o hook up t.o 12th ~vcnue, I -- as -- I forget his name, I'm sorry. But as he pointed ~ut, if there's only 10 to 25 percent of traffic that would be using ou= -- that access to our street, that doesn't seem a strong enough percentage to change our dead-end street to a thoroughfare, you know, for a cut-through. I think that that percentage actually works against whut he's trying to sell ~ ~Ihat was the other one? Anyway, I -- I just want to state my opposition, And also I am curious if -- if there was to be a __ if it was to be made a gated driveway or whatever. would that -- would the dead-end street sign -- would -- would we still have a dead-end street sign at -- posted at. the :ront of our street which might curb traffic from coming down our s~reet? MR, MILK: You would, CHAIRMAN DAVIS: I would certainly t~ink so, yes, sir. MR, MILK: It's a county street, MR, STEPHENSON: Okay, But as Mr, Carpenter stated, we have lots of children and lots of pets that roam the streets, and we'd like to keep the traffic to a minimum, Thank you, CHAIRMAN DAVIS: Thank you, Anyone else to speak on this petition? Mr. Kepple, did you have something ~o add? MR. KEPPLE: Yes, if I could, The ~=oposed driveway internally through -- to the church fro~ 12th and connecting to 10th is a private drive. It is not available :or public use as a cut-through, and we would do everyt.hing '^'ithin the means of the church to prevent that, whether it be a gate, ~igns, whatever, so that it would not impact the neighborhood, IInd. again, the 1J to 25 percent traffic of the church is about 20 cars ~~ a Sunday mor~ing that would "age 14 FEBRUlIRY 20, , ~ 6G. 1997 I jl I sorry, We've closed the public hearing, MALE VOICE: All right, CHAI~~ DAVIS: So we're past that point, Any other con~ent or discussion? NR, MILK: Could I add 'l conunent? CHAIRMAN DIIVIS: Yes, Mr. Milk, MR, M<!LK: About the not.i.fication, the notihc.:.,tion is only sent out within 300 feet of the property, Most of these pro~erties are ISO, 180 f~et; so there's probably four or five notifications, They're several residents along 12th Avenue, So Mr, Nelson said, most of them, if not all of them, are not aware this as of I ~. " Ii ~ ~ CHAIRMAN DAVIS: Oh, c:<:ay, MR, MILK: -- of the access point, CHAIRM.i\N DII"vIS: All:: :.ght, All those in favor 0 f the motion signify by saying a~e. Opposed? CHAlm1AN DAVIS: The ~otion failed 4 to 2, Mr, Budd and Mr, Oates in the minoriLy. Is there another moti~~' MR, NELSON: I'll move that we -- that we recommend petition 96-27 as stated by staff, CHAIRMAN DAVIS: Is t~ere a second to that motion? MR. PEDONE: I' 11 see :::d it. CHAIP~N DAVIS: Moves by Mr, Nelson, seconded by Mr, Pedone. Is there discussic:: on that motion? All those i.n favor siq~ify by saying aye, Opposed? - (No response) The motion carries una~imously, Under old business, Ms, Student, did you have an update for us on the -- any co~me~~s you wanted to make on any current litigation or anything' MS, STUDENT: Not rea~ly, CI~IRMAN DAVIS: Okay. And under new business, Mr, Mulhere, we had a note here about some discussion on the LDC amendments? MR, WJLHERE: Yes, T~e January cycle of Land Development Code amendmen~s is -- is approaching the public hearing; process time frame, And t~ere -- there are several -- there's at ~ least one fairly significa:'.t amendment in the Marco Island overlay.~ There are several smaller ~~endments probably totaling some 50 to 60 fi pages. Just for your infonna::.on, I do have a town hall meeting scheduled on Marco for the ~esidents of Marco to look at the overlay proposed recommendations ," These recommendation~ :1re -- are from a -- an ad hoc Y;, subcommittee of the Visior: committee that worked on the master plan and -- and, of course, thE staff reserves the right when we bring these tOl-ward to you to ma".e some other recoITh'llendations, So these are the subcommittee' 5 recomrr,<,,~.dations that -- that we'r.e currently ~~ Page 16 ,: . It, ). .~ I' " I '.\~\.~1; : 1 '~I ," ".,' ,'J \ ,":. ;:.~::.:"~' \),:~," 1 bG ~ FEBHlJAHY 20, 1') (J7 rcvi0winq. But: in any case. regarding the LLJC amendm"II' ,;, t.he -- the::e is a resolution that requil'es that the PldlH1iniJ Commission hear the ,January cycle in the month of March, and I b,.lieve that same resolution n.lso requir.~s that you hear the June cycle in the month of Oct.ober. _ And I t.hink that the purpose for th,)t was so that. sompone submitting a Land Development. Code amendment WQlllrl have some set time frame when thny kne'H that thost! would be heard. tt has been problemat.ic in the pdSt beciluse we only have t.wo amendment. cycles, and t.her.'e' s bee.. some di "cuss ion in chung i ng that.. lou t tha t' S not th'2 purpose of my discus,;i0rl here at this time. I gUEo'SS the p\Jrpo,'" of my discu~;sion -- afl.J r spoke with t.he county attorney, David Weigel, and he sllqg":::l~d that. I bring it up at. that meeting -- is tlwt, YGll knO'...., I think t 11,' staff will always bring forward the dmend...nents in as timely d fa,;!l,c>n as we pOJ>sibly can. The c;,cctcmsti1nce,; here ore that ~larj(.'l'ie i'; going to be tied up pretty milch for the last two weeks of March with litigation. Also, at your lost me~,t:ing ir, M,'1rch you ;;.re -- the EAF "",,'ndmenls are goit"} to b<, bI'ought. Eonvan1, and it's possible that tho:>" r.\ay take the entire IT,eer.ing. Th'2rc mdY be d couple smaller amendm"n:s, lilnc1 code amenct'T1ents -- or land d"'Jclopment -- land use p';:itions that will also bo~ on that. But because there are cha.nges to ,.e,mittE:d and principal uses. yot~'ll bl..~ r('!qul!>2'd to have even:..ng hea.rin:l~; on these LDC amendments. And I gUl'c,S what I' m get ::ing at. ir, ,j roundabout fasluon is I .. - I think it' s best if we hear r.he land code amendment" in the early part of t1ay. r.layhe the fit'st t.....o or three '.....'~eks of May, and then we bring them to the board after that. That .....o"ld require that we ~lend that resolut.ion to either take out a time certain when you hear them- -'- when you take out t.he months of March and Oct.ober a..,d simply say as judiciously as possible or whatever -- whatever words we put in there, Obviously we're not going to sit on th~ amendments, We're going to bring them forward when we're done, CHAIRMAN DAVIS: Uh-huh, Would it make sense for us to -- to meet in -- in March briefly to continue M.R. MULHERE: Well, that was going to be -- my first recor.unendation would be that we open" public hearing in the month of March and then continue it to May, I ment.ioned it to David Weigel, and he suggested that. 'He simply just L'ring dn executive summary to the board amending that, and then there would be no longer a requirement. that you hear it in the month of Marc:\. And I wculd be happy to prepare that, and we can get that to ~he board in a couple weeks. BIlt that leads us to the second :Joint, which is the discussion of when you might want. to :lear those amendment.s, And I believe in the last cycle we had even_ng meeting:; on Wednesday, I believe they were Wednesday evenings. CHAIRMl\.N DAVIS; '.Jh-huh. That'~; correct., MR. MULHERE: And the wednesdays in the mO:1l:h of May ate the 7th, l/lth, 21st, t:.:~d 28th. And t Ie 28th is pt"obably not -- 'Nell. that's approaching the holiday weeker, I. And my recommendation \...ould be the 7t.h and the 215- And I be~i("e that t:l'~ board -- I'm n,'t sure of the exact dates, b,,' I beli.eve che board lWJ_; " vacation in Jc:ne, a Page 17 - '''''''"......_.,..00-______"'_",_ 1 6 G 3. FEBRUARY 20, 1997 one- or ~wo-week board could hear evenillg h~arings as well, It's possible ~h,,~ -- is there -- Marjorie, is there only a. r.l;lquirement far one for one -- I1S, STUDENT: I don't have my code here, have their code? I could -- MI'\, MULHERE: Wldl. I have one right here, MS, STUDE."1T: Okay, Would you excuse me cl moment while I check it in the code? CHAIRH}\N DAVIS: Traditionally \~e have don" it on Wednesday evenings ~t 5:05, HE, MULHERE: Ri9ht. One ,.as"- the first being a workshop, ~le second being the hearing I think that probably would be b~s t , I f we're ab]" to get through everytlH n:; in the loIol'kshop, ttl(~ second hearing could be \ler:y short, It would ,: lInply be we meet, and any ct->anges that you may recomr.\end, staff will :C:oke that -- o'\t the first hearing, a~ the workshop, we'll m"ke that preselltat.ion to you, and then you could ddop~ -- t.hen yO\! can make a recommendation on those. So J think it's probably best if we do ~et up a workshop followed by a recommenda~ion hearing, MR, OATES: Me Chairman, it would be my -. I would feel better leaving the law or statute or whatever the world i~ is alone and calling that meeting and then continuing it. MR, MULHERE: Two, Yeah, you do have to r",ve two night hearings, CHAIRMAN DAVIS: Okay, Any other comments? - ~ffi, MULHERE: I think, you know, the results are the same either way, But this is -- I think we've tun into this problem in terms of time constraints a couple of times. So I -- I have no objec~ion either way, CHAIRMAN DAVIS: Uh-huh, 1-L'~. MULHERE: You know, I'm only bringing -- bringing the recommendation of the county attorney, MS. STtffiENT: The -- when do we havp. the meeting in March? Do we ~now HR, MULHERE: hearing, we'd have 1-\S, STUDENT: t1R. MULHERE: vacation in June; so I'd h"ve 1 0 find out when the the land code amendments. But they'll nlso hav(; __ wednesday evening hearings, 'll1d they'll have two UCles anybody .'r. , Well, since it would have to be a night to convene in the evening Right, and continue it, and that was part of the reason, CHAIRMAN DAVIS: Well, that's not that big a deal, There's __ I'm sure there's five of us that arc right here in town that could __ could get together at 5:05 to simply start the meeting and tl\en continue -- ~lH. MULHERE: But the other aspect would he -- excuse me. 7he other aspect would be then, just -- just for consideration, is they will advertise it, We're not going to advertise it that iL's going to be continued; so we're going to have the public here possibly, and then we're going to continue it. Page 18 . .' f l'lt ' \ ,I \' , . ,,' ".I. '\' ',:. ~ (;' ~..I '.'.! 'I FE3RUARY 4V, 1997 MR. OATES: ~IY can't you advertise it that it will be continued'? MR. MULHERF.: Seems like a kind of a roundilbout way, ~IS, STUDENT: Yeah, I don't knO'.<J, I'd hav!' t.o check into that and see if we could -- I think that kind of "lets to the you know, it's like, well, there's a meeting, but. there isn't a , .- meet.lnq. CHAII'.MAN DI'.VIS: You -- an advertisement for a public hearins to continue a public hearing to May, !1S, STUDENT: T~1<l t might work. ME. MULHERE: Let me 0 f fer another sllgges t. lC>:1. In amending that ordinance, I could put a -- rather than a specific month, a certain amount of days within which the ~irst -- that. amendment cycle. Maybe that would get to your' concern, And I think I understand what your concern is because you do want some time certain, MH. OATES: Yeah. Well, I think my concert: ll; that we. heelr it 01' work on it in ,.January, and then maybe '....e don't do anything with it till August, and \,'e've already "'/ork~~d '.)11 June's -- M". HULHSRE: Rig~t. That's right, HI\. OATES: I mea.n -- MR. MULHE:RE: And I could put in a time frclme and -- dnd to me, al; lon<] as maybe it's heard prior to, Sill', June 1st which is I~hc se('ond cycle. :'F, OATES: That: ;Jrobably '..multi be okay, W;. STlJDSNT: I jest want to explain something about -- depend~ng on when the hearing is, my circ\.1ll\stanccs, I'm going to be in a DOA administrative hearing on our area of critical state concern 89 exemption on the COIT'D, plan, And sometimes the hearing officer!:> will run t.hose till six O' -",ven o'clock at night, Arid I suppose that it doesn'c necessarily maLter that, you know, there's nobody from the office here for that night meeting, And I don't. have any -- where it would be continued, I don't have any p~oblem -- I would prefer to b~ here, And so, you know, if we had that -- if we -- you decide to do it that way and we had it -- the last week in March would be bad. because the hearing is the 26th, 27th, 28th of March, But I think ., you know, I agree obviously with our office that it probably make's better sense to amend the resolution, And it would seem that we (;(,\dd have, you know, a couple-month time frame in which to have the hearings, MR. MULHERE: 120 days would do it, MR. OATES: Well, I think I like your other suggestion that you just came forward, that those hearings lwve to be prior to \June tl".e 1st. W.' MULHERE: Yea~'1, MR, OATES: That ~ould solve it, C"l\IRMN'< DAVIS: I think Mr, Oates makes a good point that i' still holds ou= feet to the fire, MI', MULEERE: Rig~t, It gives us a time cen.ain, I r:espec that, I under-stand someone putting in -- some futur'! stat[ member might, you kno~. not, you know, have the a.bility of not having a time certain to prolong that beyond what would be reasonable, And Page 19 " , ,- :' .1 [" l' ' ,< ' , . j , I. . ~ \ . .1 ~ f . . ",_ ,I; " :' " ,. ,I ,I "i . \ ., .1 I' Ii . ~J~..... \ I:' ',l ... ~ 1 6G ~ " FEBRUARY 20. 1997 it could get confusing working on two cycles at the same time. and I understand that, CHAIRMAN DAVIS: But yet it still gives u" the flexibility up front to do it -- MR. MULHERE: March, May. Cl~IRMAN DAVIS: -- as makes sense, HR,""}!ULHERE: Right, Okay, I will go forward and do that with the -- with the specific dates, Does the -- the c:ommissio:1 have any preferred -- preferred times'? If we go with Wednesdays at 5:05. it seerr.s like the 1st a:1d the 3rd WQuld h,> pretty good. which is the 7th, I think. and the 21st. CHAIRHAN DAVIS: 7th and 21st, !{rt, OATES: Fir.c 'Nith me, CHAIRHJ>,}; DAVIS: Is that -- MR. M\.lU-iERE: What I'll do is check the board's calendar and make sure this room is available and we don't have any conflict. .wd then I 'Nill ask Sue Filson t.o discuss the issue at the board so we know when they're going to hear it, CHAIRMAN D.'WIS: Okay, Thank you, Any other business'? We ace adjourned, .**.. There being no further business for the good of the County. the meeting was adjourned by order of the Chair at '):25 a,m. COLLIER COUNTY PLANNING CO~~ISSION MIKE DAVIS, CHAIRMAN TRANSCRI~r PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Barbara A. Donovan Page 20 1 6G RECEIVE[ MAR I I 1991 :; AG[~D:\ I" l"'",,~ .' COLLIER COUNTY APRIL 3, 1997 IN ADMINISTRATION FLORlDA PLANNING CO:--l:--lISSION WILl. 1\11.! I AT lUO AM, TIIURSD,\ Y. TilE BOARD OF COUNTY COM1\lISSIONERS MEETING ROO~'. BUILDING, COUNTY GOVERNMi:c; I CENTER, EAST f';.\PLES. ti.QTL. ANY PERSON WIIO DECIDED TO ,\I'PEAI. ^ DECISION Oi TillS IlO!\RD WILL NEED A RECORD OF 11lL PROCEEDING PERTAINING TtlERETO, AND TIIEREFORE MAY 1"1-1 [) TO ENSURE TllXr A VERBATIM REcnlW 01- TilE PR()<IFDINGS IS MADE, WIIICII RECORD INCLlJDFS THE TESTI1\\():>,'Y AND EVIDENCE UPON WIIICH THE APPEAL IS TO BE BASEl) ALL M,\ TE;ZI,\L t :SED IN PRESF:f';I,\lIONS BEFORE Till: CCPC WILL lllCOME A PER1\IANENT PAl\: OF TilE RECORD THESE 1\II',\T.RIAI.S WILL BE AVAILMIl.E lOR PRESENTATION TO THE 1l0lWD OF COUNTY CO:--l:--1ISSIONFRS ROI.L CALL BY Cl.ERK ADDENDA TO THE AGE~DA 3. APPROVAL OF MINUTES: Fcbm..,,' 211, 1')')/ 4. PI.ANNING CO~':--lISSION AIlSl.~CES ncc REPOIlT (, CHAIRMAN'S REPORT, DisClIssion on CCPCIBCC WOIkshop [)"tc ADVERTISED PUULlC HEARINGS ^ PClition No. BO,97.I, Robcrl G. BOllmnJn or Gnlr Cove Condominium AssociJtion reGueqing a 28 rool boat dock ,,!Cnsion to 01110\1 ror a ~x root boat dock ,',nl1 Ihree linger piers for propo:n~ localed JI t0562 Gutrsl10rc Dri\c, runher dcsc"bc~ 1S l.01 ~x, 111,,,. [), Connors, V;lI,derbill Bea:h ESlales Unit I Repl;tl, in Sccti"n 2'). Township ~x Soulh, R;ll\~c 1\ F:ISI. (Coordinator' Ross GochenJur) B. Petition NoBD,??3, /'.li1cs L. Scoflcld lcprcscnling Tho:n,1S C. Valesk)', req>lcsling a 1:1 foot 1>0.11 dock "tension to allo\l for a 70 rool boal dock and roal hr, ror property' located at 20:1 ' 2~1 Succt, further dcscrilx'd ns t ot \~, Block B, Little Hickory Shores. L1nil \, in Seelion 5, TO\lnship ~x South, R.1ngc 25 EJ,I, Cclher CnuIII). Florid:! (Coordll\Jlor S\,,,", /'.lurray) c Petition No PUD,C,O.!(2), KJrcn K. [)ishop of P~IS, IlIe, or NJples represcnling Pebblebrooke La.". Limilcd Pannership rCGucsting nn a,nendll\enl III lhe Ri"hbnd PUD for the purvosc of changing the De\elopmc>lt Standards ror "R" Residcnllal ,."OS by revising the side )'ard setbacks for single family dcl:!ched homes from 7.5 reel to 5.0 rcet for property located llllhe soullmesl eOlller of Immokalee Road (C.R. K.l(,) and C.R 951, in SeClion ,7, TO\\II~hip ~1I South, R.1nge 26 Easl, Collier COllnly, Florid:!, consiSlmg of 65.1,\ acres. (C(),)ld,,,:!tor: l'j\!dN'J\>!lf,lfS\Continued to April ~7, 1')')7) /"'- V Date: S-/ ~ I'll /Iorrls Hancock Coostant Ine H6c'l:.le Berr] ~ Itemn 1~,6. ,7,~, 1 6G 3 D Petition No. PUD-?(,.,(I), R Bnlce Ande"on, Esq, of YOli", "lIlAs~nderp PA, repre~"tlll, $.11 Allgilcri :lIlJ RaccTrac P..:trolcum, Inc., rcqllcstin,:: rill ;llHt'I\,111l(:llt to the Angilcri pun fur Ihe purpose of~ddlllg ;en ice s,,"ions ~nd eorne",enee stores;I\" p,-'rmilted use in At"" "C of the PUll for properl) loc;lIed y, mile e~st of Li"n!:slon Ro~d on Ihe no;\1l side of Pille R,Jge Road (C R. R%) in Ille Inlerel1"nge ACII\'ity Cen'er localed in Seellon 7, To"",llIp ~') Soulh, R;lnge 26 Eall, Collier Counf)', Florid". consistinG of ~.77 acres, more or less. {Coordlll:llor Bryan ~.ltI~) (Conlinued frolll Marcil (', 19<)7) E Pelitinn No CU,97-:1, Roger l.ocke repre",n,illg Fj,,1 1l,,,ted PelllecoS\"t Chufell, re'I''''~.ling Condilion,,1 Uses ")" ~nd "2- of tile "E" ESI~'es /.oning dlwicl in order to inerC<lsc the slIe and scating C,lP:ICily of lh~ .:.\istillg church, COI1SlrllCt a new buildin~ for school cl:l!)srooltl'i and d;t~c.HC usc. cu\;]r~.: lhe S;JC of the C\iSling f\lrsnn:lgc. provide II IIC\\ Rnnl1:\siutn ;tnd playgrolll"j and HK'fC::l:oC the on<.itc p;Hklllg for propcny loe.lled I'll Ihe nurth\,,,,,, inlcr~cti()n of Counly rbrn Road ~nd Wend)' l."ne In Section X, To"nsllip ~ll South, R;lIll'.c 2(, EaSl, Collier Coullt', Flo,id", consi"loling of 2 "5 acrc~. morc or less (Coordmalor, SU5:m ~11:rLIY) F Petition No. CU-l)7.-I, MIl..:s L S~orlcld, representing Dillo ~LlrgiL'. n:qucsring COlldllh)llJI L\-: .1" of Ihe HSF.~ lOllIng dls:rict for a boat house for properly locah:J al .1.iO G"~rlll;li.l A\Cl\uc. nh,L, "p", Lot 10, Conl\ers Val\~erbill Oe"elt F.s'''les, Ul\il 2, ill S~ctlOn 2'). To\\n,ltip ~X SOlllh, R'''I~e "~ East (Coordlll:lI:IL Sus.;1l\ f',..lllrr:ly) (i Petillon No. CU,'J7.5, ~'des L Swfleld, of Scofield Man,"e COl\slllling, represcOling Cr:lig :lne! Karla A. S,ebcrl, reque~lil\g Condillonal Use "I" of the -RSF-.1- /ol\illg distriel for ~ boalholl;c, ror properly loc;lted al 2')1 Seab,ee}e A,elllle, fl\rther de"rihcd ;" 101 2X, Dlock 0, Conners V;lIlJerbill Beach Estatcs Unll No I. in Seelloll 2'). TO\\l\ship ~X SOIlII1, R;m!:e 2~ East, Collier '''"1\11. Florida, COl\SiSli!l~ of 0 ~ :lCT'':r" morc or kss (Coordll\:Jtor CILll1r:llll B:ul:II111chi:1f1l II Petilion No CU,<)7.<,. R"y Peterson or G'lfbl\d alld Garlalld. 1",-', represelllulg R.1111er "nd !\ngltt D~gge, reqllcSlillg Condllion:tl U'" -I" of Il1e "RSF.," 1OI\i,,~ dlSlriet fora bc<alhousc for pr"I"'rl\ located at 2.1') Dolpl;in Co,e COUrl. fllrlher descnbed as Lo, III, Dolphin Co'e, in Seel"JI} 5, Township -lX South, R:lI\gc 25 Ea<.t. Collier Counly. Floricb. ((\lISisling or O.X acr~s. mor..: or less (Coordinalor: R"y Ilello\\s) Rccollll1lend:II,on 10 fomard the proposed 19%-1')')7 Cother COli III), Florida Gro\\lh "l.1n;l~,""enl Plan Amcndments in "ccord,,",e \\IIh Ihe Adoplcd E'all1"'lOn and Appr:\i",1 Reporl and'or in accordancc \lilh Oo,rd of COllnl) Comlnis;ioner d,reeled ;\nlendl1lenlS for l"msmillal 1" Ihc Department ofCol1\l1Il1nily AfT"irs. (Conlinlled frol1l ~l:1r(\120. 1')')7) X. OLD BUStNESS 9. NEW BUStNF.SS 10 DISCUSSION OF ADDENDA II. ADJOURN ~,).97 CCPC AGENDNmd 2 COLLIER COUNTY PLANNING COMMISSION 1 6G 3 TltIJRSDAY, APRIL J. 1997 8:JO AM RECOMMENDATlm; TO FORWARD TO THE BOARD OF COUNTY COMMISSIONERS THI! pROpOS!:D 1996,1997 COLLIER COUNTY, FLORIOA GROWTH MANAGEMENT PLAN l' AMENDMENTS tN ACCORDANCE WITH THE ADOPTED EVALUATION ANO APPRAISAL \: REPORT ANDIOR IN ACCORDANCE WITH BCC DIRECTED AMENDMENTS FOR TRANSMITI AI TO THE DEPARTMENT or COMMUNITY AfFAIRS. A. HOUSIng E~menl, Presenled by June GOO<lwin: 'RECOMMENDED FOR APPROVALAspnESENTED B. Re<:re.1ton & Open Space Elem.nt ,Pre.en'ed by ~(.rla Ramley, ,-,:..rllo Snolth: 'RECOtlMENDF.D Fel'. APPROV,<\L WITH CORRte IIQNS IN PARK ACHE.AGES, C Tran.portat,on Ele",enl ,Presenled hy Gavin J.,nos & Amy Taylor: 'RECOt.lMENDED FOR APPROVAI_ AS PRESEN1E(l 1. TraN,e Circulation Suh.cl.m.,o" 'RECOMME....UF.D FOR APPROVAL A.S PRESENTED . 2. 1,1... Transit Sub..,l~m.ot: 'RECOMMENDED FOR APPROVAL AS r'RESENTED "'"...on Suo~lemenl: 'RECOMMENDED FOR APPROVAL AS SUBMITTED. D F'uolie Facill1'es Element: 'RECOMMENDED FOR APPROVAL WITH CHANGES TO SANITARY SEWER ELEMENT 1 Pot.ble W,ltN Sub..,lement ,Pr..ented by f.d Finn/Mike New", an: 'RECOMMENDED FOR APPROVAL AS PRESENTED. 2. Sar.itary SeWfl' Sub-'el~mcnl - Presented by Ed Finn!T;m C~mons 'RECOMMENDED FOR APPROVAL SUBJECT TO CHANGING POl.lCY 1,5,1 TO READ THE SAME AS IN THE POTABLE WATER ELEMENT. 3. Natural Groundwatet" Sub..elem.mt ~ Pre:liented by Or. Gatl Gibson 'RECOMMENDED FOR APPROVAL AS PRESENTED. 4. Solid Waste Sub..,lemen! . Pre.enled by David Ruuetl 'RECOMMENDED FOR APPROVAL AS PRESENTED, 5. D...inage Sut>-<!Iement - P,...sented by John BoldllRobert Wiley 'RECOMMENDED FOR APPROVAL AS PRESENTED, E. C.pttallmprovemenl Element, Presented by Stao Lit.lnger: "RECOMMENDED FOR APPROVAL SUaJECT TO INCLUSION OF APPENDICES 0 & E WHEN COMPLETED. Intergovernmental Coo<dlnation Elemen! - pr....nted by Lee L-rne: 'RECOMMENDED FOR APPROVAL SUBJECT TO CORRECT!ON Of SSU'. NEW NAME. G CC\nlerv..hon & Co.stal Management Element. Presented by Bm Lorenz 'RECOMMENDED FOR APPROVAL $UDJECT TO CHANGES TO OIlJEt TlVES 9,1. 9.2 AND lJ.1 AND POLICIES 1J.1.J, 1J.1.4,lJ.2.7, 13.3.7 AND 13.4,3 H Immokaf<:e Arca Mule' Plan - Presented by Debnh Pruton: CONTINUED TO APRIL J, 1997 Golden ~Ie Are. Ma.ter Plan. Pre.eote<! by L~ Layne: CONTINUED TO APRIL 3, 1997 Futul'l! Land Use Elem.nl - Presented by aarb..a C...:chione: CONTINUED TO APRIL 3. 1997 NOTE: "II rK~ thai, vote be '..ken on ur.:h elrrnnrt wtlh 411 ftrwl rK~hon on lrolns.mitt... or the entile Growth M""..g~nt Pl.1n to tM 604ord D' eo..mty ec..rmulont'r1. The no.1 motion coo.d be m.tdoe tM$t"d on the til~ of lhe ~ Item ~e subieod 10 4lny CNnQt'1 1"-"'"_._''' lbH 1 RESOLUTION NO, 97 - 2;,' 7 A RESOLUTION PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT WHEREAS, Seclion 365171(13), Florida Statl/tes, p'(lVIdes thaI a county may Impose a tee for charges for "911" service and equipment to be paid by local e.xchange subscribers on an individual exchange basis at a rale not to exceed fifty cents ($.50) per month per access line, and WHEREAS, The Board of County Commissioners of Collier County, F:onda, deems It appropriate and in furtherance of public health, safety and welfare to access a fee for the enhanced "911" telephone service availability in Collier County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Pursuant to Section 365.171(13), Florida Statutes, there is hereby imposed against local exchange subscribers a local option fee for the provision of enhance "911" emergency lelephone service and equipment in COllier County. This fee shall be adjusted annually to cover allowable expenses as described in Section 365.171 (13(a)(6), Florida Statutes. For the period of September 30, 1997 through September 30, 1998, the fee will be $37 cents per subscriber per access line per month. 2. The County requests that the telephone company (exchange telephone service provider) providing enhanced "911" service and equipment to Collier County collect from its subscribers within Collier County, the local option fee assessed by thiS Resolution and remit those fees to COllier County 3. Said telephone company, pursuant to Section 365 171 (13)(c), Florida Statutes, may retain as an administrative fee an amount of one percent (1 %) of the lotal"911" fees actually collected by said telephone company. _,""...._''l' 16H 1 4 Money in reserve is being carried forNard to provide for capital improvements described in Section 365.171 (13)(a)(3), Florida Statutes. Additional money from fiscal year 1996 revenues to be added to the total reserves shall not exceed ten percent (10%) of such (ees hilled for the 1996 fiscal year. The cumulative reserves are to pay (or projected expansion 'lnd replacement 01 E911 equipment and service featurP.s described in Section 365171 (a)( 13)(6), Flonda Statutes All carry for.....ard reserves shall be administered In accordance with Section 365.171(a)(13), Florida St<ltutes This Resolution adopted after motion, second and majority vote (or adoption. DATED ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, , BY:... /'/ /~'c"('.'l.H ~~. '"",,,~":"/~ /' BY ') /' ''/ /~> ". ./ .~ / ,/ ( ,,v(;:: /7/:------ Timothy L.Hancock, Chairman Approved as to form and legal sufficiency: '/('"^i ('. r ;L--~ Tho;t;as C. Palmer Assistant County Attorney GENERAL RElEASE 16H 2 1. KNOW I\ll PERSONS BY THESE PRESENTS that Collier CounTy, Fiorini", a governmental entity (hereinafter "Collier County"). and its respective If!gal representatives, heirs and ass'Uns. for and in consi(jeratl(Hl of Ten DOlliHS and 1f!ro Cents 1$1 O,OO} and for oth!!! good and valua~'e consld/~r<nion, paid by SeCUrities ,\merica. Inc., recr.iflt whereof is r.ereb\' acknowledned, hereby relea5es clnd forever discharges Securities America. Inc, Ihereinafter "SAi"} , Allen Colin Kelly (her.)inafter "Kelly"). their respective parent comr>anlf!S, subsidiarie5 predecessors, SUCCf!Ssurs, iJffiliates, distributors. dealers. shareholders, directors, officers. agents. inswers, Independent contraCTors, ann r.mpioyees of ann from illl actions. Ciluses of aC\lon. cli1irns, dernJnds, darn3~Jes, includinq comr>l:nsatory, exemplary, statutory ilnd punitive damages, costs, slJits, del)t:;, dues, sums of mOlley, accounts, reckonIngs. bdl~, coven.lIH$. COI"llract.s, !Ien~. Conlrovl~rsICS. C1grn<<HTH:nts, prorniscs, variances, trrlspa~ses, extents and execulions whalt;Oever. in law, Ifl arbitration, lf1 equity or Otherwise, which aU;lInsl SAI i:)nd Kelly, their respe':tive parent cOmpanl()S, t;ubsldliJrles, prelieccssors, SUCCessors. affiliates. dlstril1utors, oealP.rS, shareholders. directors. officers. agents. insurers, independent contractors. lint! employees that Collier County hild, now have o~ milY or shalt have by rcason of any matter, lacl. causc or thing of ilny conceivable kind or character whatsoever, from the beginning of the world 10 the date of these r>resents and ilny and all claims and demands of Hvery conceivable kind or rwture, including but not Iimitco to any claim in any way ariSing out of or pertaining to PWIjJ.!:UJ;:.J)19J;tl!.L~.Q.Lthe c.!li;1!l.lJ::.Q.lJILQ..LC9J1.!i:.~ ~QJ.J.D.1Y_.Y~.lli',-Il[i.l0s Amer~~J.nc~._r..iAS_D_CjL~(:.1Lo~9kQO~_5..5_ Ihereinafter "Col;.er County v. SAI", or any finilnc'illlransaction made wilh or through SAI or Kelly, 2. This release is not Intendeo to and docs not apply to any alleged causes of action Hlat Collier County may have against Meridian Securities, Inc., Merioian Capital Milrkets, Inc., Mendian BancorLJ loc., Cooper~ & Lybrano, llP" and their rer>resentatives. The Clerk has at all times mainta,ned that all claims asserted against "Meridian" and "Coopers" i1re the claims of Ihe Clerk and /lot the County. 3. This Agreement shall be binding upon Collier County. Florida lhmeinalter "COllier County") and upon itS hellS, ildmlf1lstrators, representatives, executors, !;uccessol s and assigns, and Shilll inure 10 the benefit of Collier County and to liS heirs, aeJmlf1istrators. representatives, executors, SlJCCessors, and assigns. ---,-- , . ; , " ! I . .,1, . 1 '. 1,,1' . ,. , ",,' " ... I . . ~ . II '. . .. Ij '. , h l-I 1. V'I 2 .1 It IS understood by Collter County that thIS GerWlitt Release is only for the s'~ltlement and compronllse of "tlosputed claIms." ilnd t1',,: ..ny action taken pursuant to the General Releasc ,s not 10 hc constnll~(1 or cnl\slllPrl',: ;IS an admiSSion of liability or !;llIit on the part ot Collter County. the Clerk of COWl ~j;1.1 or Kelly, 5 Colltf!r County warrants. repHlsents, and a(]rf:es :tl;lt no c1allo or portion 01 any clalln, dcm;,nd. aGlIOn, right, or cause of ilctlon, which Colllcr County has or nltgh: havc against SAI and/or Kelly has been assigned or tfitllsferrec1 :0 ilny person, p;Htnersh,p. corporation, or other f!nt'ty, ilnt1 Ihill illl such claims are hereby cxtll1QlJ,shed. 6. Collier County further warrants that It is legally competent and iJuthorized to executc this Generill Release. that ;t accepls fully resllonsibility for this Gen<lral Release, a;'\d thi'lt it has cxecuted thiS General Rcleasl! wt!!1 full understanding of Its terms. Collier County further represents and warral11~, ttlat It has obtained all necessary governmental and corporate approval~ of ColI'f'r COUnly, Florida to enter Into this General Release and that the Gener;)1 Release IS 1l\ll(lIn9 upon Collier COUllty, ItS successors and assigns 7. This General Release contains the entire agrer)ment and understanding concerning the subject matter hereof between the parw;s, and supersedes and replaces all prior negotiations, prooosed agreemenls <Ind agrecments. written or oral, 8. TtllS General Release will be IntP.rpreted under the Iilws of Florida, 9 Collicr County acknowledges that It has read or caused to lJr. read the foregOing General Releasc, understands iI, and Signs II as its own voluntary act and deed, Collier Count.y represents and acknowledges that in execuling tllis Agreement it docs not rl;ly and hilS not relied upon any representatIon or staWment made hy the other or by any of the other's agents, representatives or attorneys with regard to the subject matter, basis or effect of this Agreement or otherwise, except as set forth specifically in this Agreement. 2- 10, I 1 6 H f2 ~ Within fIve (5) business days of the Clerk's recclpl of the consideration under this agreement. the Clerk shall file a Notice of Dismissal ':'Iul..Lfulli.!QiU;: p~rsuant to ~ 10305 of the NASD Code 0: Arbitration P'ocedlJre to oisnliss wITh prejudice all claims asserted against ;)11 respondents ,n ~_Qilif.LS;;D,\,!.rJ.l..Y_'y'"_S~1 TIle Clerk hel r,by agrees to cause to be filed the Notice 0 I DIsmissal 'f!IjJ!11'_U11Vg~. wh,Ch will dismiSS his case with prejudice agalllst all respondents. With cadl party 10 I)f)ar their own attorney's fens and COSI5. ~j THIS 15 A REl.EASE!! . READ BEFORE SIGNING ..__~h~'~h~...~..:Y~f .~....._.A~. .::. .. ;~~~{:df~. .. VVitnf)s:; Collier Courrty, Florll1a, a govc,,,mcntal entity ^TTEST: OW I r.m E. RROCK ~~ ,-., ,'1 I), , 4.T",----L.. (SEAL) STATE OF FLORIDA COUNTY OF COLLIER I\nnroved ,1<; to fom and leflal sufficiency ,'; Rv: ~e. I~J~j? 11 . r\avldT, Hein~l?~ Count:J ~ttorney '" The foregoing instrument was ilcknowledgeti befeft: me on ttlis ~ day of )'.. "9 ./. I ' II,l'\( oh-'< f_-,-_~, 1 S 7, by !..::~~::,,:,__, w 0 '5 personally known, to me or has produced_ __~__ as identification and did take an oath. t~ ~ " , / ", j / _.,. (/ ~~~~~...I.-....( ). '-- .~~.- (NQrary's Name) NOT ARY PUBLIC NOTARY PUBLIC SERIAL NUMBER: ~ CoIIU. YN SUE ALlION '1 '.' Q '\'..\ WY~'CC16ll12ll t DJI1FO: ...., 28. 2CQ) I .. ' ~TM""'I\Mc~ j t~h;(;"Il,..r',('I~IU~ '2 3. .",;,,,,,,,,,~,,,,,...---"~ ,: '~ ,':, " 'If I. ' . " , I"::' , , '., j '\'. I' 'l ..1, *: ! ~ , . " " . . ~,'.' i ! 161 1 This instrument prepared by: Marjoric M, Student Assistant County t\ttomcy Collier County Government Center 3301 East Tamiaml Trail Naples, FJanda 34112 Phone: (941) 774-840fJ RELEASEAGREE~~ KNOW ALL MEN BY THESE PRESENT, that the BOARD OF COU?-''TY COMMISSIONERS, COLLIER COUNTY, FLORIDA, cnllectively referred to as "BOARD", for an in consideration of valuable consider.Jtion received by Board and the covenants and agreements contained in the Settlement Agreement of the 26" day of September, 1995, with Hideaway Beach Association, Inc., a Florida not-for-profit corporation, hcreinatler refcrred to as the "Association", and others do hereby remise, release, quit, satisfy, and forever discharge the Association together with its respective current and fonner Board of Directors, officers, agents, representative, employees, sllccessors, and assigns, and other persons, finns, corporations, or business entities that wouJd in any way be vicariously liable or legally responsible for its acts and omissions from all manner of action or actions, causes and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agrecments, promises, variances, trespasses, damages, judgments. execlltions, claims, and demands whatsoever in law or in c411ity, known or unknown, which Board ever had, now has or which, successor, or assign of Board hereinatler can, shall, or may have against the Association or such persons or entities for, upon, or by reason of any matter, calise or thing whalsoevcr arising out of and in any way connected with the subject matters of the Settlement Agreement of September 26, 1995, entered into 16, 1 betwcen COLLIER COUNTY and THE II IDEA WAY /lEACH ASSOCIATION, IN" and others, The undersigned docs hercby declare and reprcscn: that in making this Release Agreement, it is understood and agrced thaI the undersigned has relied wholly upon its own judgment, belief, and knowledge of the nature, extent, and duration of said claims and that it has not been innul:nced to any extent whatsot'ver in making this Relea~e Agreemenl by any representations or statements regarding said claims, or regarding any othcr malters. made by the pcrsons, firms or corporations who arc hereby released or by any person or persons thereby employed, Thc undersigned understands that this R<'Iease Agreement is the Entire Agreemenr between the panies herctu, and the terms of this Relcase Al',recrnent arc contractual and not a mere recital. rhc undersigncd states that it has caretiJII.v real! the foregoing Release Agrccment and knows the contents thereof and that the undersigned has signed the same as its own frec ael. This Relcase Agreement shall be record cd in the OffiCial Reeords of Collier County. Florida, WITNESS my hand and seal this day of -y"' / i~' )997. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ,-' . ../ / ' ," //' / I //, "E..~ " " . / / :. / /' BY: I I ,>/ / /.___ TIMOTHY L BANCO K~ CHAIRMAN Kr' ,. /'/ L ,/, '"", . " - ~..... / Approved as to foml and legal sufficiency: ]"1 .) I L~ (]LJt{.~,<-.1- Marjori~ r\1.Student Assistant ('ounty Allomcy 2 Exhibit ~ - r'ope~ty Craphlc E~hlb1t 8 - ~oy.l ~4rco Sketch Exhlblt C - PUD hn,(;'ndJll"nt I SETn..EMENT AGREEMENT 11-1]$ SETTLEMENT AGREEMENT is entmd into thi~ ,2'- day O~...:fr,;a.L-' 199\ by and hetween William M,' 9.i..b~ and Nadin~ M, Giinon, hllsband llnd wife (hereinafter "GlllSON"); Roge~ Va:.ey and SJndra F, Va~ey, husband and wife (hereinafter "VASEY"); Electronic Plating Company, Inc.. an Illinois corporation ., 1 (hereinafter "PORCELLI"): forrest M. Starling, Trustee of the Forrest M, Starling TruSI daled May 18,1982 (hereinafter "STARLING"); Debbie Doebler, as Trustee (hercin:lfter "DOEBLER"); Hideaway Beach Association, Inc" a Florida lIot,for.profil corporalion (hereinafter "ASSOClA 1l0N"); Royal Marco Developments, a Florida gcneral partnership; ~ Ranta Developments Marco, a general pJ.rtncr of Royal Marco DevelopmenlS and a Florida " '? general partnership; Royal Marco Developmcnts One, Inc.. a corporate general partner in .! Ronto Developments Marco and a Florida corporation (hereinaftcr collectively "ROY AL"); f, :lnd Collier COllnty, Florida, a political sllbdivision of thc State of Florida (hereinaftcr ~ "COLLIER COUNn'''), WHEREAS, GIBSON is the owner of Lot 14, Block 1, Hideaway ne:lch, a, per pial recorded at Plat Book 12, pages 80 thrOllgh 85 of the Official Record~ of Collier County, Florida; 161 WHEREAS, VASEY is the owner of Lots 12 and 13, Block I, Hide:Jway Beach, as per plat recorded at Plat Book 12, pages 80 through 85 of the Official Records of Collier >1 COllnly, Florida; ~...' WHEREAS, PORCELLI is the owner of Lot 15, mock 1, Hideaway Beach. :!os per ~ plat recorded at Plat Book 12, pages 80 through 85 of the Official Records of Collier County, Florilb; WHEREAS, STARLING is the owncr of Lot 16, I3Iock I, Hidc:lway Beach, as pcr plat recorded at Plat nook 12, pages 80 through 85 of the Offici:ll Rccords of Collicr COllnly, Florida; WHEREAS, DOEJ3LER is lhc owner of LOI 17, 13lod' I, Hideaway 13e:lch, a, pcr plat recorded al Pial l300k 12, pages 80 through 1'5 of the Official Records of Collier County, Florida; OIlS^,'I\",~\4 ':1 ~ 161 WHEREAS, the ASSOClAll0N is the Association referred to in the Declaratiun of Covenants, Condition~ and Restrictions of Hideaway Beach; WHEREAS, ROY AI. is the successor developer of Hideaway (kach, a MJD lo<:al~d in Collier Count)', Florida; WHEREAS, the properties owned by G\I3S<.JN, VASEY, PORCEl.LI, STARLING and DOEBLER arc located at BlOCK I, Hideaway Beach, as pcr plat recorded at Plat Book.. 12, pages 80 through 85 of the Official Records of Colliel COllnty, F1oril!a and are beachfront properties abutting Big Ma.rco Pass (hereinafter colie.:ti\'c1y the "PROPERTY");~ The PROPERTY is graphically depicted in Exhibit "A" allacbcd hereto; a WHEREAS, the PROPERTY is the subject of a Hideaway Beach Planned Uni~ Ii Development pursuant '0 Ordinance No. 79.68, as amended on varioll' occasions, the most recent of which is Ordinance No. 92-11 (hereinafter the "PUD"); I WHEREAS, in \990 COLLIER COUNTY recorded a survey and plat of th~ 1,"W Ero~\on COOlrot Une (hereinafter "EeL"), whIch, tn effecl, f",ed the rear Vroperty lines at the Mean High Water Line (-MHWL") as it e~isted prior to beach renourishment; , \l/HEREAS, on Augus, 17, \994, GIBSON filed an application for a building permit with the appropriate department of COLLIER COUNTY for the construction of 11 improvements on Lot 14,Ioeated wilhin the PROPERTY, On Scptcmber 24,1994, Building Permit No, 94-8895 (the "PERMIT') was issued to GII3S0i'< and GII3S0N thereafter proceedcd with construclion of improveme11ls to his lot; I WHEREAS, on February 23, 1995, COLLIER COUNTY'S Planning Servic:es ~ Director issued Interpretation No, 9.1.4, which in effect staled that a firty foot (50') setback from lh~ ECL was required as it related to all eonmuclion along the PROPERTI, including the construction of the GIBSON improvemenls. fJecause improvements befng constructed on the GIBSON lot encroached over the allc~ed 50' selbaek from the ECl. COLLIER COUNTY stopped work ("Red Tagged") on the improvements to the GInSON lot; I WHEREAS, on March 24, 1995. G1fJSO~ filed an app~al of Interprel:uion No, 94-4, :\ h 1 styled {'eririon A,95,1, Ap,l'crrl of r!ml.!liDs.S.cQice' Direrrnr IlJ0:!I1Wlllinn C.t.4, which appeal was heard berore tbe !Joan\ or COllnly Commissioners or Collier County, Florida siltins as the Board of Zoning Appe:lls or Collier COllnt)', Florid:I, wherein the floard of Zoning OnS^I'I\f.lJ1M 11 Seulcmen: Agrecment Page ~ 9A 16/ 1 Appcals denied OillSON'S appeal and mlcd in favor of the interpretatio,l of the Planning Services Director; WHEREAS, GmSON h;c; filed a Complaint "'lh the Circuit Coun of Collier COllnty, nonda.. styled lVillia:t1 M, Gllmm~i!.'tlLG1W:L'1.y..~~Cslli!:JJr. Crne No, 95,3375.01,01, appealing the decision of the 130ard of Zonin!; AppeaI~ of Collier County, norida lInd suing the County for damages for constillltional clllC process violations: WHEREAS. the Collicr County Community IJevelopmcnt Serviccs Division. representing the l30ard of County Commissioners of Collier County, has requested an amendment to the Hideaway Beach rUD, Ordinance 92,11, by amending Section 4,Q4,().1, Minimum Setbacks. by changing the minimum principal and accessory building sctback rcquiremcnts for lots nbulting the hcach for the PROPERTY 10 a measurement of twenty feet (20') landward of the ECL for nccessory Slnlctures and thirty feet (30') landward of the ECL for principal structures (herein "PUD PEllTl0r--:"); WHEREAS, the Board of County Commissioncrs for Collier County has not yet heard or decided the PUD PETITION; WHEREAS, VASEY hll.s filed a lawsuit against GIl3S0N, ROY At. and others in the Circuit Court of the T;~:~:~~:Jllt9al Circuit in and for Collicr Coonty, Florida styled S1J!ill!n F, VaICl'..illlIL.&1 r, 'ey v. lViI/inn! M Gih.W!1..S1!1!iJYfWi!J.r. M Gil>50n n al., Case No, 95-2212,CA,OJ ,CTC: WHEREAS, thc parties to this Agreement desire to allernpllo <lmicably rcsolve their diffcrences and set forth a course of action in :In allempt In achieve a resolution by this Agreement. NOW, THEREFORE, in consideralion of the coven:lnts and conditions sel fonh herein, Ihe sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The parties adopt and affirm the recilals sel forth above as true and correcl 10 thc best of Iheir knowled!;e anJ belief. 2, The partics agree to support an amendment 10 the rUD 10 rcnect lhe foilowing rear yard setback requiremenls for lots located wilJ-.in Ihe PROPERTY: A. Lots 12, 13 and 14 - fifly (50) feet landward of the ECL for principal structllres, Accessory Slructllres for 1.01 14 shall be Ihirty (30) feet landw:lrd of the ECL. I\ccessory strllctlll':~, for Lot 12 shall be fifty 011:--:,\ I' I V,l.2J\A21 Settlemcnt :\!;rccl1\clll Page 3 'lP,9 A 16/ 1 (50) feetlandwJ.rd of the ECL Accmory ~tr\lctures for Lot 13 shall he a waight line connecting the accessory structure setback of Lot 12 [fifty (50) feet] with the accessory s:mcture setback lor Lot 14 [thirty (30) feet]; B, Lots 15 ane: 16 - forty-five (45) feet landward of the ECL lor principal structure, and thirt)' (30) f~e: landward of lite ECL for accessory stnlctllres; C. Lot 17 - forl'j-two (42) feet landward of the ECL for principal Mructures and thir1y (30) feet landward of the ECL for accessory structures; 3, The parties will use their best efforts to calise Royal Marco Way 10 be rc\ocated landward approximately fifteen (lS) feet within the existing right of way in substantially the dislances and configurations shown on Exhibit -13" allached hereto. The property owners of Lots 14, IS, 16 and 17 shall be granted a non-exclusive casement over the right-of-way for Royal ~1Jrco Way to the edge of pavement for purposrs of ingress and egress and landscaping, it being understood that Ihe ASSOCIA 1l0N retains the right to install and maintain a sidewalk, cart path or similar improvement within the right-of-way. The landsc:\ping and improvements within the casement area shall be sllbjecl to approval by the Hideaway Beach Development Review Commillee and/or Architectural Review Commillee, The property owners shall be responsible for the cost and mainten:lnce expenses of said land,caping and improvements, and this obligation shall be a covenanl running wilh each 101. The fmnl sethack in the PUD for Lots 14, 15, 16 and 17 shall be amended to be five (5) feet from the property line (allowing the maximum four (4) fOOl halcony and/or overhang into the five (5) foot setback). TIle northern side setback ahulling the conserv:ltion area for Lot 17 shall be zero (0) feel. 4. Upon execlltion of this Agreement, COLLIER COUi"TY, in order 10 settle its 1alO.'suil with GIBSO~, agrees to th~ lerms and conditions or this Agrcemcnt and 10 amcnd the PUD to rer.ect the terms and conditions set f()fth herein throllgh its norm:!1 processes as requircd llndcr law. i\ copy of Ihe pr()pos~d PlJD i\mendmcnl is attachcd hercto :LS Exhibit "C', IJll~"l'I\(I,:J\..I21 Selllcment Agreel11~nt P"b~ 4 " .... ---~.. ..- ~ ............. ,~_.... .... ...........-:0.,.,."'. ......'-. =- ... ....-." 161 1 H 5, The parties understand that COLLIER COUNTY'S nbligations hereundcr, with respect'o amending the PUD, are to proceed with the nomla! process of amending the PUD Ordinance as set forth herein and that COLLIER COUNTY has made no predctennination of thc PUD or with respcct to the appropriateness of amcnding the PUD, and that COWER COUNTY is not obligated to amcnd ,he PUD, that any deci~ion of COLLIER COUNTY ",ith respect to amending the PUD shall be hased upon reqllircments and laws, nlles. and regulations, inr.\uding requirements of all laws, rules and regulations, indllding, without limitatioo, the Collier County Land Development Code, and ,:vidence addllced at any evidentiary hearings. 6, COLLIER COUNTY agree.~ 10 use its best cffom to proceed wilh the rUD amendment proces, and a.\ such the hearing hefore the Board of County Commissioners shall be held on November 7, 1995, However, in no event Ih~!1 the hearing before Ihe Board of Counly Commission en be held later than December 12, 1995, 7. TIle ASSOC1A TIOl'i agrecs to use its beSI efforts to approvc the relocation of Rop! Marco Way ....s let fonh in ,his Agreemenl and to approve and execute any other instrument necessary to effectuate its o\1ligations under this Agreement, including an appropriate resolution by its Board of Directors, all suhject to ils normal process and requirements, 8, Except 10 the eXlent nec~ssar)' to preserve existing righls. the panics agree to stay all pending legal or administrative actions by stipulation and order of abatemenl in each matter until the conditions of this Agreement have been met. In the event the PUD amendment is not approved or approvals and permitting necessary to relocatc Royal Marct) Way hale not been obtained as set forth in this Agreement, the pJrties may reaclivJte their existing legal action" It is the intenl of the parties, thaI the purpose of staying the cxiMins liligation. i, to maintain the existing stJtllS 'illn. 9, III the event, and only if, the amendment to the PUD Ordinance occurs and hecomes final. inc\llding all Jppeals, if Jny, and all approvals and permitting necessary for the relocation of Royal Marco Way ha\'e neen obtained, the p~Hties agree to the following: A, EmI.!1datinn rUnt!. CC.'LLlER COUNTY shall pay the amollnt of Sixty TIlOusand Dollars (5(,(1,000.00); V ASCI' shall pay the amount of Sixty l11(lUSJncJ DnllJrs (560,()OO.OO)~ and ROY AL shall pJY Ihe amounl of 11,irty OI':"i.'\l'I\fI,~'\411 Sctt1clr:Cl1t l\grcl..~nll~nt Page 5 Thousand Dollars (S30,OOO,OO), said funds tOlalin~, ('nc Hundrcd Fifl)' Thollsand Dollars (S150,OOO,00) tn bc placed in an E-scrow Account hcld by Donald A Pickworth (hereinaftcr "ESCROW AGENT') for the benefit of GIBSON. as partial payment tnward piling, ~truclural, building and truss rcdesign work; destruction on,1 modification of c.i~ting improvements; removal and relocation of pilinl\s and foundation !,!ab; reconstruction and modification work to foundation; at'd any and all other expenses incurred by GlBSON " ",oM,;" ,h, .o<k. lb< 10",''''00 ,,,' moo" ,h,1I b, p,id I.. by the par'.ies to the ESCROW AGENT irtll11edi;1\c1y \ipOn the COUNTY amending the pun as descrihcd herein, No money ,hall be disbursed by thc ~ ESCROW AGENT until the PUD Ordinance becomes final. including I '''''''. if "y, "d ,II ,,,,m," ,,' p""'''''' '>om"" '0. <b, "''''''00 : of Royal Marco Way havc been o~tained, In the event the conditions Slated ' , ~ in the senlence above arc not met on or bcfore July 1, 1996, then thc I' ESCROW AGENT shall rcturn the monies paid to each of the partics, Thcrc shall be no furlher monetary obligation or conlriblltion on the part of , COLLIER COUNTY, ROYAL or VASEY as it relates to such foundalion expcnse" Disbursemcnts for payment of the costs for removal and relocating the slab shall be made by ESCROW AGENT upon reccipt of a draw requcst from an cngincer rctained hy GIUSON certifying Ihat the work has hccn complcle.J, B, BsID~'\.!l\L~;lte SJ;lb. G1I3S0N shall causc thc cxisting slab located on Lot 14 10 be demolished and rcconstmctcd pursuant to the sctbacks sct forth in poragraph 2 of this Agrecmenl. allowing for halcony ond roof overhong oj eight (X) feet as permilled hy the existing PUD in the rcar, and as per poragraph 3 of this I\greement in Ihe front. Any acceS!ory~ structure, on LoI 14 loc;ltcd he tween Ibirt)',five (35) and fift)' (50) fect from thc EeL. shall be limited in hci!;11I to appr(1\imatcly nine and one,half (9'1:) fecl NGVD, cxccpt for r;lilinG', Irellises and column.., which ~hall nol cxcecd' approximatel)' ,welve and one,half (12,/,) fcct I"GVD. No column shall bel! localcd seaward of fortv'lwo (42) feCI from the EC'_ No vertical OIccessoJ I .<; i ! l)ll',,\rl".f./':J\.' ~I Sctt\cmt.:l\t "t.r..:cmcnt P~I!;C (I 16/ 1 stnJclures except for grade level pool deck at appro.imately ~even (7) feel ""?~ .hall b~ perrfl1t!ed Rn I1H 1~. m:p! 'l~ rn~y h~ f~&HifEe ~r 1iH"': between thirty (30) and thirty.five OS) feet from the EeL. l'Or purposes of this para~raph the terITI "appro.imatc1y" shall mean plus Ilr minll~ tWO (2) inches. c. llil.a9~~, Additional fllnd~ in ,he amount of One Hundred Forty Thou~.and Dollars (S 140,000.00) ~hal: he hdd by ESCROW AGENT to be utilized for the pllrpose of p~ying the Cllst or relocating Royal Marco Way. including but not limited to surve.yin!;. engineering, pcrmits, site developmenl plan ap:)fI)Val, tree cleaTing, Grcdge amI fill, necc~~arJ variances, roadway removal and replacement, tree rC.m'.]\'al and replaCclnent, retaining wall, guard Tail, fill, irrigation, lod, utility relocation, structural de5ign, permitting. bonding and miscellaneous expenses, All roadway fllnds shall be paid inlo the Escrow Account immediately lJpon the COUNTY amending the PUD as follows: PORCELLI sha1\ pay the amount of Forty Thou<:lnd Dollar~ (S40,OOO.OO)~ STARLING ~hall pay the amount of Fnny 'Il1OIl,and Do\\ars (S40,OQO,(jO); DOEULER shall pay the amount of Forty Tholl<and Do\\aro (S~O,O()O,CO): GtnSON shall pay the amount of T.....enty Thousand Dollars (S20.0QO,QO). ror, a total roadway relocation fund Ilf One Hllndred Forty 1l1Ousand Do1\a1'1.' (S 140,0(-'0.00). In the event the eo't to re\ocate Il1e roadway is greater IhaJ . One Hundred Forty Thollsand Dolla:~ (S 140,{)OO.00), ROY AL shall pay the balance, In the event the cost to relocate the roadway is less than On' Hundred Forly Thomand Dollars ($ 140,000.00) bll more than One Hundrca Twenly Tholl,~nd Dollars (SI20,OOO.OO), G1l.lS0N'S contribulion shall b\ if returned ~l' prorated lip to Twcnty Thollsand Dollars (S20.00Q,OO), A pro ral:l 1 rebate o( any amount less than One Illlndrctl Twenty lllOusand Dollars (SI20,OOO,OO) to relocation of the roadway !ha\\ be returned to rORCEL~. ,- STARLING, and DOE13LElt. 1l1ere sl1:111 bc nn fllrlher monel~ry obligallon .. or contribution for relocatin!; tbe roauway by ROY At, GI13S0N, rORCELl1. . ST ARLlNG, or DOE13LER o\her than ;\s docribed in this Agreemcnt. No . monies shall be disburscd lw the ESCROW AGENT until the PUD , , i ~ ,~ on7',\r\v',~ :1 Scttlcmcnt A~rcemc:lI I'at:e 7 Am'~'m'" ""m.. nool. I."",,., ,,,..I,. " "1. '"' 01' ,pp'm",,~,~1 penmttmg necessary for the relocation of Royal Marco Way hr.ve bee~ .. obtained. In the eVent the conditions stated in the sentence above are not met on or before July 1, 1'196, then the ESCROW AGENT sh:\1l return lhe monies paid to ea,'h of the parties, rne ASSOCIATION has no monetary ohlig;:tior. for demOlition and relocation of the ,lab or reloC:\tion of Royal Marco Way. COLLIER COUNTY has no monetary obligation with respect to relocation of Royal Marco Way or any other m()ne~ary obliga,ion except as described in paragraph 9 ,\ of this Agrecment. D, RO'1.~lway-.cQllitnlction. Immediately Upon amendment of the PUD. and expiry of all applicable appeals or appeal periods, the panies shall diligently seek to oblain the necessary approyals and permitting for relocation' and conslnlClion of the roadway and to commence construction of the roadway as soon as possible, It is anticipated that the work will be completed on Or before Jllly 1,1996. ROYALand ASSOCIATION shall have the right to approve the design, specifications, contracts and contractors relating to (he relocation of Royal Marco Way, Disbursement of payments for the cost of for rr,location of Royal Marco Way shall he made by ESCROW A(;F" , tJDon rOCflirH of;' Or~....' nC~IU.H,i IhJin tliill EI\~;1I0d' nf Jt.IlICf.HU lor ,il" vru,;f.lCh E, SQ.,en E.~lml~. UJIS 12, 13 and 14 ,hall not be permitted 10 construct and/or crect screen enelosllres o\'er their respective pool areas. TI1is shall be a covenant rllnning ",ilh the land. Ie. Upon satisfaction of the conditions set forth in paragraph 9 above, GIBSON shall dismiss, with prejlldice, the Compbinl agai01st COLLIER COUNTY styled Willimn M... 9i!lsQ.!LJ1!1sL.NadinrM. Ci"'~\:QJt;l'r COli 1/1\' Crise No, 95'3J75.CA-OI, and their cOllnterclaim~ filcd agaiosl VASEY in Vascy \' Gih'llO, jll/ra, and VASEY shJII dismiss wilh prejudice, against all parties, thc Verified Complaint in Cirellit COllrt of the Twentieth Judicial Circllit in and f~r Collier COllnly stYled, Sri/111m F. Ji./5.rx..ll/I," no~i;Po:..J:.. Willialll Cihso'l anri Narimc Cd""" CIII/., Cmc 1\0. 95,22/2,CI,OJ,Crc, 1 QII""rIV",".2\ Setlkl1lcnt I\L!rCcl1lel1t P;lgo.: X " A:1 port;" '" "" A,,,'m'''' ,',," "",," ,,',~, ,.",m,," "',~;~ .,,1'1 other parties to thi5 Agreement from any and all liabilities ,Ind/o! claims ....;;sing Ollt of th" ~ sllbject matters of this Agreement. including their direl'tors. officers, employees and agents. \?, All panics 10 this Agreement shall bear their own C05t5 and altO! nc:.ys' f.... 13. Buildil\lt Permit Nil. 94.11119~ _h~1l r.",.ln JIl full wr~ Il~ !(~~t, wlYj!~ fit the SIO;> wnrk or<.ler, pending the parties' oblip:ions under this Agreement. There shall b" no additional application or permit fees due for relocation of the GIBSON SlnlCtUres' { permilted under nuilding Permit No. 94,8895, 14, ll1e parties have not been inOuenccd in any manner or to any extent to ente into this Agreement by any representations or statements of thc other parties, or by perso or persons represcnting any other party, 15. Any reference to a corporation or other legal entity in this Agreement sh:lI also be eomtrued to include ils partners, officers, directors, employees and agents, . 16, lllis Agreement shall be binding llpon and shall inure to the benefit of tho parties hereto. their respective succcsso~s. heirs and assibns. i 17. All partics hcreto understand and agree that there arc no oral or other. agreements, arrangements, representations or under>1andings between them relevant 10 thl matters covered by this Agreement. Thi, Agreement constitutes the whole understandin of which the relationships of the p:1.fties wilh e:,ch other as to the matters contained hereil arc to be governed. 18. This Agreement is an attempt 10 compromise the differences hetween th parlies and in no way constitlltes an admission by any part:. of linbilily for any claims of tllt respective partics, providcd further that hy execution hereof. it i, expres,ly understood an' agreed that in the event that the propo,ed ruD Ordinance :Imendrnent is not adopted an' ooe, nOI hecome final, incllleling appeal.., or lha, Royal Marco Way not be relocated, Ihfs Agrccment shall become nllll anu vaiel, and the panics ,h:1I1 have no further ohligatiol, herellnder and shall relllrn to the stalus quo at the time of enlering ir.to this Agreeme"t 19. Notwithslanding anything hcrein to the cont""". sllbject 10 the .ctb:lCks :lItJ ""cments herein provided, the Ilidcaw;lY rknch De\'elopl11ent Review Committce and/~r Architectllral Review Committee shall cootinllc to hnve and to c.creise all of the OUlie\, , ()II....,\I'I\",~' ~I Scttlcmcnl l\grcemclIl ""ge 1) 1 p').....ers and responsihilities set forth in Article IX of the Declaration (and any amendments thereto) :1..\ to the Property and all improvements thereon. 2(), Thi~ Agreement may he executed in Cllunlerparts, IN WITNESS WHEREOF. the pJrtie\ have hereunto set their hand~ and scals, WITNESSES: I / Jt/ /~r L ~_._~.- , ' ,'.- . - - .. . -,'-- , _ _~A4.. k-4 .i;: /1 j.., ~ W,"~1d/~ Oate:_.....LL:.1- 1/ I r} / / J//':" J1./ ,-;4 /. - -,-' NAmNE M. G\I3S0N_ Date: /1';' - YI on~J,r\\(,.2'U2' SCl\\el11cnt Agrcement P:lge 10 e -/- ==r- (~,,-J LC... (............ ~:~ 1 1eA. fnt, ~ . ~v ~;/:!;r- r . .<> (~~ {t .l...,cLL( c,--_ "'::7 // .~ ,/ I . , , o O,'l^rtV06llW ,:1 SClIlemcnt Agrcement P~gc 11 , . "16 'I~' ''1' ' ';1\ ., ELECTRONIC PLATING COMPANY, IN c.. an Dllnois corporation ~ Bv: /1 L.-I" 11_ - /.)~ ./ ~ Its: Presidtt Date: 10M q{ , , , , Settlement Acre.ment .-----------.-- '- 9J1l't{, ~I It-.-- _a~ r:;.~- ',~ q ~ 161 1 ~~..b~~ DEBBIELYpEBLE~. AS TRUS1~ Date:~~ on;o..;"r\\M2A4:1 Settlement Agrcemcnt Pag.e 14 " A. ... 161 1 \\ \ 'J' ~ ~~~J11:ul v'' ',. /' ). , " /. I / " l ,\ ( ) '. J l.. t ~ _ ,..", L L'l t:' FORREST M STARLING TRUST, DATED MAY Ill, 1982 By:/-t':'>.AJ'67 ,,'id4'6~1~ Forresl.M, Stariing. Trust(~ ; Da'e:~/.::J""'c /p..r _ QONA!'I\66llloU1 Settlement Agreement Page 15 ---~"'"""",---,._"',',-'^._-.._,-'-"_."..._..._'" d~--- HIDEAWAY BEACH ASSOCIATION INC., a Florida nllt,for,prof1t . corporation "'~- ;':')::- ""'- "'-, r--: ~:---: IlY:_k2u1JlJm 1= !:PJ..<..a_ 1ts:--Y-:t(; t Pi' c.,fJ. /J ~. ~..J'r Dale: Ii. ,-,. ~.J 01\NArl\f.,f\2Ilo4,:1 S~ttlcmenl ^\;re~melll Page 15 gAl (, t -- 1 ' ROYAL MARCO OEV[!.LOPMENTS, a FloriLla general partl1er~hil' IJ~I I~ON"O pgvnt..Of'II.i!1N'T1l M -\Reo. a Florida generlll partner~hip anLl its gener3t partner ~1';'J1idJMLlO/ [ ; I By: ROYAL MARCO DEVELOPMENTS ONE. INC,. a Florida corporation and a gcneral partncr of RO~TO DEVELOPMENTS MARCO # B/~ E:: R~~/~"~ re~idenl tt.. Dale:_--LJ.' ~ 19/ _ Qn~^'I\(,(.2&4-21 Selllement Agreement Page 16 ----. .......""'.....~- _"''''_~_''_'m__.._,,__w.'''''''~'__I<''_,"__.''''_''''' 1 (?/. /.-- DATED: //~#/p J '.1'.'1":'1:11'1' I DWIGHT S. tlROCl<, C1et"}( .' , ,7 ~z,~' ~( { Approved as to form and legal' surf iciency: ~- County Attorney B01l.RD OF COUlIT'i COMMISSIONERS COI,t..t~ COVN'tY,.: FIAIUDJ. / I,! c:::.",,~./, IL ..' \' ...J By: 0':G~~~,_, \ I .,q . BETT'iE J I MATTHEW13, Chairman , . . Settlement Agreement Page 17 " i\ ,', . .. to, 1 bl 1 :1 rnl ~I;\ "'\ "i, ..,1 ';II':jl:l'ljl 'hl""!.( :ltl\II:\i, I ~ . ,t , \.:[\;\11 I: I t ~ i ~: ,: t 1 . ../: "", " 00 "...~~/\ \ ,''/} /\', <"t4\",,! \ ~<""<'..4,1 ..k:~..., A \ ,~." \~",.;Y ,,' ';: x ,/' , './<,'\,,~ :-. ,:> - ~~/., ",.,j'.,../, '" \':-<:<)::[~;>/ ^~\, ", ",~{.,..;~).~~.'/" \. \. ;?),"':!.-;:.';' :i;~ ':'1, ~ .;\:.:..I#~"<_-; C~: ., ....,.~.,(J'" '.,'.. ',1', "" :-::,:~:"~:;:;%~''''\''~~ ):<. · . "'~1!f" ,', V"-,' 0.. ." ii: ':/; C; (ttPff~~\. '> '. 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'WHCnu.5. tho ColllC'r CO\Il"lt.y OO.'I1"<J or Cc,rool"l i ~:.lon"t'. h.u tli reetad Dt.t~ to .ttend t.h. bulldlnq netbackc: tor b~..cn('(ont. lot.a wit.hin tho Illdoa"",..y B.ach ruo b)' .....nd~l"\q ordlnll!&noo f,ta~}.\., ,,"dr w."". TII"'UII,.hO. ~. ....' .".""hb .., ,.u. "..i,,"_ bt ..."U..... COI1J'1ISSIOHE~S or co[,.~t [R COUNTY. FLORID"- that; :;!:crlON ONE;. Al1t1l011tHT$ TO HInIMUM SETU~,Cn; ~[,C"TIOtl ron LOTS "OUTTtUC TUE &'E^CII ordinanco Hunber 92-\\, Sub!.ltcti.:'ln 4.04.0",,0.2,. Lots ^buttinq Doach, 1:1 heroby, _,"ended to reild a:. follo'Js: 2. t..,t:l Abuttinq B.ach: A b..ch ..t.back line And/or CO;lstal construction ..t.bnc:k. l1ne h.. bf!ltn cstabl1shod Cor the prot.eetlon 0' tho ha.... oW'nftt' ad located on tho reC'~rd riat. A.n-t..ut:ll.a~Jtl:x.q,\ ~.J.lllQJ.uo-<.'1,U.llllJ.b.t.~-Y1Ul.t...UWd. St.tuto t \:11~...l..~~_...J.J:11 b..ch r."lllU:.UIl~S'1$. ~..u.~~ the lI~;]'..~t-~At-P~~~.Lt.x. 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C,\71: This Ordindnc~ ~h~ll r~~~-., ,':~r:~l';~ ~itir~'j ....lth th OCp3rt,~cnt or ~tat~, P^~!;CD ^JlD DL:I.'{ A.DOf'7r:O hi thr On.'rJ o~ r:"'1l1nt'i COM~i:".~loncr~ 0 Collier CO'Joty, floriu3 thi~ 27"':'/ d.,.,. of ::;~.~,..,~.J~"::"". l?l)'j. A1'1'EST: DWICKT E, O~DCK. Ctc<'- t'-:;..~:.: cr C:-::';7"( C~:-'':1!S~[O:U:I\~ C';'L/LI~? ~.:::;:'{~ r~~ .' '/;"m"-:V.-~..T' '..;~w~~;.)~" [:fl' . ..d.J ~(I ~. .~. ,~- ...-, .~.....;;. . . , APPROIIED AS TO' fOR.~ MID LECAL SUrrrCIEIICY T".'. fl'..1 .1.", ~. '.' '....::,11,,. n.', :;.; ~,..; ft, r- '::rr:\r,_L....,..,,:....::ULL2t u.w~L KARiolllt E K, STUDf.:IT .a.$SI5TAHT COUU1',{ J\'rTOnn['{ ../; ~ ,_. . . I '~'J 7~ ~~,~:; c. "..;....-/,"v"l.~fr:. IJ,:~,:~~. " PUD-BO-20:S) OnDlli^IIC~ llIOf.J\WAV ilf,,^CIf/lJ.\ Word.~ \1l'\\\r:t..l.i.P,..,~ .'\rf'" .,Ilrl ~ f 1('1,,:;; ''';''l"''~ '11 ,.",,"'ol '10' u".th .\rr .Ir lrot 'Oil...,