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Backup Documents 12/01/2009 Item # 8D \ 18D ~ Ann P. Jennejohn From: Sent: To: Cc: Subject: Attachments: kendall_m [MarciaKendall@colliergov.net] Friday, October 09, 2009 11 :20 AM Ann P. Jennejohn Trisha McPherson; Brock, Mary Readvertisement due to NON Snafu....City Gate COD for November 10, 2009 City Gate COD Ad 1, 2, 4 - 11.1 0.09.docx; City Gate COD Ad 3 Ord. - 11.1 0.09.docx; CGCOO-1 Ad Map.pdf Ann, Per telcon, please find attached. As noted, I will not be forwarding hard copy since we are merely changing dates due to Naples Daily News mess up. Please find attached for October 15, 22, 28 and 4. The 28'h ad is the Ord. Title. Both require this map. Please again.. . provide confirmation once accepted. Thank you. <<City Gate COD Ad 1, 2, 4 - 11.10.09.docx>> <<City Gate COD Ad 3 Ord. - 11.10.09.docx>> <<CGCOO-1 Ad Map.pdf>> Phew! And AMEN! Cordially, Marcia Kendall Marcia R. Kendall, Senior Planner Comprehensive Planning Department 2800 N. Horseshoe Drive, Suite 419 Phone 239-252-2387 Fax: 239-252-2946 Email: marciakendall@colliergov.net "Please consider the environment before printing this email" ATTENTION: Be advised that under Florida's Govemment~in.the.Sunshine law, information contained within this emai] becomes public record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and 10ca] levels. There is also a constitutionally guaranteed right of aCt ror more information on this law, visit: florida's Sunshine law 1 ~8D t November 10, 2009 Board of County Commissioners Public Hearing AdvertisinQ Requirements Please publish the following Advertisement with Map on Thursdav. October 15. 2009. Thursdav. October 22. 2009 and Wednesdav. November 4. 2009 and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe Drive. Suite 400, Naples, Florida 34104. The advertisement must be a 1/4 page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: COMPREHENSIVE PLANNING FUND & COST CENTER: 111-138317-649100-00000 PURCHASE ORDER NUMBER: 4500100973 ACCOUNT NUMBER 068778 ~8D NOTICE OF PUBLIC HEARING The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives notice to the citizens of Collier County that a public hearing shall be conducted in accordance with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the Commission Board Room, 3'd Floor W. Harmon Turner Building (Bldg "F") Collier County Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, November 10, 2009. The subject of the Public Hearing is consideration by the Board of a petition filed by Joseph R. Weber, Vice President, through authorized agent Donald A. Pickworth Esq., P.A., for the establishment of a Community Development District (CDD) form of special purpose local government to be known as the City Gate CDD and the creation of the district by the adoption of a Collier County Ordinance titled as set forth above pursuant to Section 190.005(2), Florida Statutes. The district government would serve an area of land in Collier County generally described as follows: The proposed District is located entirely within the unincorporated area of Collier County, Florida. The proposed district covers approximately 253.05:t acres of land. The site is in the area of the northeastern quadrant of the intersection of 1-75 and County Road 951, Collier Boulevard, within Section 35, Township 49 South, Range 26 East, as depicted below. [INSERT MAP HERE] A community development district is a form of special purpose government used to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above, and specifically governing the planning, implementation, maintenance, and financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concurrency, comprehensive planning, and development permitting. On April 7, 2009, Joseph R. Weber Vice President of 850 NWN, LLC and CG II, LLC (Petitioner's), officially submitted and filed its Petition for an Ordinance to Establish the City Gate Community Development District, along with the application-processing fee of $15,000.00, for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005, Florida Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted, to the six factors listed in Section 190.005{1 )(e), Florida Statutes, and determine whether Collier County will establish the City Gate Community Development District by adoption of the ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is available for review, along with a copy of the full text of the ~8D i " petition and any of its documentation and the ordinance, at the Office of the County Clerk, Collier County, 3301 Tamiami Trail, East, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district and the ordinance, are also on file at the Collier County Comprehensive Planning Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. October 15, 2009, October 22,2009 and November 4, 2009 City Gate Community Development District Joseph R. Weber, Vice President 850 NWN, LLC, and CG II, LLC (Petitioner's) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk (Seal) 1 ~t----. ! h (0 N -~~T T -- ~_. ] i ---J ! 11' i Ii I I _________ ___ ---- CD ~ n CO ,.. o w .., al ::l '" I H / .. , ~ 80 i( TTTT ~LL_l ___ _ fI --=-=rIlL " ~s Q ~Im '" " '" .:l ~~ ~m D _I -. " ~ c ~ g . o . 5 o " 5 . , 0' d uO .~ ~~ ~~ >~ ~ti ~~ ~~ >0 ~c ~~ ~8 ~8D Acct. #068778 October 12, 2009 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: City Gate CDD - Display Ad (3 week ad) Dear Legals: Please advertise the above referenced notice on Thursday, October 15, 2009; Thursday, October 22, 2009; and Wednesday, and Wednesday, November 4, 2009 and kindly send the Affidavits of Publication, in triplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. # 4500100973 Teresa L. Polaski ~8D r j , To: Subject: legals@naplesnews.com City Gate CDD Display Ad (3 week run) Lega Is, Please advertise on the following Display Ad on the following weeks. Thanks ~ ~ ~,. , -'" '~N~ CDD-2009-1 (City City Gate CDD Gate week I, .. week 1, 2,4 No... CDD City Gate Map.pdf Teresa L. Polaski, BMR Clerk III Cierk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 1 Teresa L. Polaski 18D ~ , From: Sent: To: Subject: Attachments: postmaster@collierclerk.com Monday, October 12, 2009 8:59 AM Teresa L. Polaski Delivery Status Notification (Relay) ATT628779.txt; City Gate COD Display Ad (3 week run) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com 1 Teresa L. Polaski .80 .tJ. ,. if'. From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 13, 2009 9:12 AM Teresa L. Polaski RE: City Gate COD Display Ad (3 week run) ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Monday, October 12, 20098:59 AM Posted To: Legals - NON Conversation: City Gate COD Display Ad (3 week run) Subject: City Gate COD Display Ad (3 week run) Legals, Please advertise on the following Display Ad on the following weeks. Thanks <<CDD-2009-1 (City Gate week 1,2 & 4).doc>> <<City Gate COD week 1,2,4 Nov 10.doc>> <<COD City Gate Map.pdf>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in re5ponse to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 '8D Teresa L. Polaski From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 13, 2009 9:30 AM Teresa L. Polaski RE: City Gate COD Display Ad (3 week run) This is the one that I'm waiting for (credits) for the one day it did publish. Em :D From: Teresa L. Polaski [mailto:Teresa.Polaski@colliercierk.com] Sent: Tuesday, October 13, 2009 9: 14 AM To: Pagan, Emely Subject: RE: City Gate COD Display Ad (3 week run) Thanks. Ann said these were the ads that were not run by NON. Something happened at they were missed. Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) From: Pagan, Emely [mailto:EPagan@Naplesnews.com] Sent: Tuesday, October 13, 2009 9: 12 AM To: Teresa L. Polaski Subject: RE: City Gate COD Display Ad (3 week run) ok From: Teresa L. Polaski [mailto:Teresa.Polaski@colliercierk.com] Posted At: Monday, October 12, 2009 8:59 AM Posted To: Legals - NON Conversation: City Gate COD Display Ad (3 week run) Subject: City Gate COD Display Ad (3 week run) Legals, Please advertise on the following Display Ad on the following weeks. Thanks <<CDD-2009-1 (City Gate week 1,2 & 4).doc>> <<City Gate COD week 1,2,4 Nov 10.doc>> <<COD City Gate Map.pdf>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 1 239-252-8408 fax (T eresa.Pa las ki@callierclerk.cam) f8D .J Under Florida Law, e-mail addresses are public records. lfyou do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 "iAPLES DAILY NEWS Published Dail) Naples, Fl 34] 0= AffidaYlr of Publication S::ate :)f F::o:--i':1c ,~'~cn.:nty of f=()ljl~:- 3~ron." the unc;~~slfP'lec tl1~~~' <;;STVC: a~ Lh~' authort1\, person;!;J) appeared Phii Lev,/ls. whl' all oath says tnat he serves as the Editor of the Naples Daily, a daily newspaper published at Naples. in Coliter Coumy. Florid<::: distributed in Collier and Lee counties of Florida: that the attached COP) of the advertising. being a P1JBLlC NOTICE In the matter of PUBLIC NOTICE was published in said newspaper on October 2. lOOq time in the issue Affiant further says that the saiel Napie~ Daily News is <l newspaper published a~ Naples, in said Colher Counry. Florid", and tbal the said newspaper has heretofore oem continuously pubiished 1I1 said Coliier County. Flonda: distributed m Colherand Lee counties nf'Flond:.:., cucb da~' ami has beer, entered as sc;.;ond ciass mail matter d tile D0S1 otTice in Naple~_ tn san] Collier Count~ Fioriela, for " tlt,:no(J 0; : year next preceding lilt: firs: publicmion of the attached COPy oi advenisement; and atfiam further says that he has nenne pmd ow promised any person. fim1 or corpordtion an~' dlsC(lun~, rebate. commission or refund for the purpose of securing this adven!sement io; PUblicatJ ~ tll" sai~:pspape:- Ge,.~O ~-W\ ( Sib-mature of a !ant) Sworn to and subscribed before me ThIS 6th day of October, =009 '~m'~~~~'~~""-' KAROL E KANGAS !. j Notary Public - State ot Florid. ;, E My Comm. Expires Jut 29. 2013 ....'~:~OFf...~ Commission # DO 912237 "",It"" t 80 :.~=~~H~ . '" .... .,,"'~ ~..-.:=..":: I}'jFtqdda (lhe "Board") .11w8bv giV\la ~~~"oomI1lMdwllho{ll\QiljlJllbe~ln~ t1fiifflt-a'4ii ~r ..;=~4~.~=~t:: "'--'.,- .. '~=n:::c:.:':t~toln'== W()W!PA.utfncorpara~ - ol~ iNSON~ppl1:~ln=::\O:5~ '. l""'ii$, tbwnahlp 49 S<lUth, Rani/de r~~iicril I'llII! I1!I\OIlieilllNi!1ed........-. , ~. IIII .~..................,- -. .. .. '.' . .7~....~"1;!.-- -;. i [' 'ill . t.ellJIIIl'"an itIJlI,JI!II'lotIoiIlhe ..,ThIs""""'. liasnoiiisII...1Ild1l.' ""'",,"\l1~oIft"l' 1<10.. ljOUl_!XIRA'WNiI\. uidIalemustIieS1S",-._iJ I8IlSISI\JIU '"., ~CW~IJJllji '1hissaWJ9SpoIOmays-"", j ~~tore.-"",,"< ... : ~,.,J:': ." ~ D~ m :anls,...._jilioIIOOI.:=...... ., _., ~ . , .:: 'IlQIIe goVllf'llrTl8l11 used to provide .-mcs,-~:..+:_'\tli",. s.. '" ~.~.COitIer :M'l!~... .'*'.;" ... .=t. ... .. ...iI,W9lOpmllnt~f lI!t IIIncltll!'-~iille!l eI1giIJIeltiill,..~Iii~ JI!II~, rnilrtlell8nct, andllnlilcl!1ll _tIle==llIl"'_Thls~be~Oleny~AAvef- ""'_... . '.........._.....~...... pll""lng, and deYeIol>rnent giftomlsorO\llllled"_ ,-' . SA~NGS $ APPU!IllO\D,iCEDPtII(f5,""" or_~""-!JIIOSISll~,LLC and CG II~ LLC.(I>eIi- to EotablWlthe ClIJ'- c:eMtng ~oI $15,O(lO.O!O, ~ '\APLES DAILY NEWS Published Dail) Naples, FL 3410:' AffidaYlt of PubU S;:ate ~\f ?~:0~jj2. ~ "'~ .. ',--,ourrtv Dr :_/()UJ:'~ 3elDft the unc.:::'rslgr:~c tl1e~,' "~rvt 2<; appeared Phil LewIs. >,.Vlle, on oa serves as the Editor of the Naples D published at Naples. in Collier COll in Collier and Lee counties of Florid" of the advertising. being a PUBLIC NOTICE m the matter of PUBLIC NOTICE was published in said newspaper on Ocwber 2. 200Q Affiant further sav~ that the said Napie!-. Dai published at Naples. in said Collier COUn1\. F newspaper has ilcretol"ore been continuous]:; ! County. Florida: dIstributed 1D Collier and Le each da~' and ha:; beer, entered as second ems officf in Nanles. in said COnlCr COUnT;'. Flo vear next prececiing tilt" firs~ publicmion ~dvertisement; and atfiam further says that promised any person, fim] or corporatlOl commission or refund fo:' the pUrrOS(' of see puhlication in tho: said ne spare: ?, ,J A,.\ '\ ( SIgnature of af Iant) Sworn to and subscribed before me ThIS 6th day of OctOber, 2009 ......~~~'',:~IIII,.. KAROL E KAN! fm\ Notary Public - Slat~ :;: 41 .S My Comm. Expires J ,:-", ~ "I~:t-OFf\..~ Commission # 0 ';, """.... t 80 NOTICE OF PU'LICH~NG , '~",.., :'.. ,,',' '" ''',', '" '"".... Th6 aoa.a 01 CounIy OOrr'T!'.t~of ~~FIollda (lite "Board") .her8by gIY8a notlce to ~ ~ 01. collilll'~~WI\idlQ.n.u be COI1ducIWIn lIDCOrd8noe wIIh lite reqillr\llnlnta and proW"--..'."!. tilo.ootl,~a =:.S, at ..$:00. 8,1l'I.. .In lite Commlnlolr 80aRI Room, "ffllillr \'II; ~1Umet 8llII<IIng . "F") CoIIler CIlunt!t Government Cenlelj33O'1 T8OIUIml...~ ~ on Tueeday, ~v. 2Oq9. Th6subjecl of lItePUl;llk: HeaI1ng \tIIlO'\8Iilli.;.1I0hby1h&~ 01 a p$tItfon ftledbyJllMph R. vv.. VIet. P~ lhn!uslh ~,aQIlI1t Ooftetcl A. Pickworth EBCf., PA" fo, lha "~of..Communtty lilt. r11'!~"dDlllilllt(Ct)O) '- 0I8PflC!8l purposo Ioc8I p_ . . _to be_ _'the CIty GateCDil by COHIer CounIy Ordinance r>unlllBilt toStctiOn 180.OOB(Jl, fIorId8 ~-, Theltlolllct 1""I1lIlMWOUkI serve an anle ollarid In cOuIer County gen8f8lty ClHcftbecioaIoHo..,.: Th6P1oP.IIIl ~ I. locatacIonIjl'llly wltIlln~ unInc:orpcjratacl area 01 CoN;" Oounty, FIQIld8, The ~dIaIitCI COY81'S !IJlIIl'O-.y 253.05* lI!'raa Of land. The oIte.i8 '" lite araa of~ ~n.q~ of ,the Intaraaction 01 1-75 and C9unty ROad 1l6t, CdIliet 1louIevaId. 'WIlflInSaotlOn3li. lbwnshlp 49 South, Range 26 ~ ~<leplc:taclI!ek1w. . . . \\_~J 'IUJtHj;t~Lt1irll, I l![j.!.f III H II' I , W~tT1url JJl [I I -, i:rrfl :1 r-Illffj,1 I I .......,~".,' 1 ~~ ) 'Jiill" . J~l:i$,l' ";;.'f l~OO'" I 'I' I [Il"~~~- ~_-:.~&Di"_:_I'. j \ [1 [:11 t ,.'-_...,_",. ,-<~. /.IlIL " ""' " """" I ,nlL!;;;r,_.. "-'1,Y' [ '-'I II 'f "~- I i _~~~ I Ir\)'lr. Iii ;/(//, 0', mI I,f, ,I I, ,,1 'b .~,! A ~~ ~h rv.l~ of~ PllI1lll!I8 governmant usad to provide I~' tubjicl to the ~ "cjulr....""" both .theStale 01 floltd8l11l1}9ol1lar ,COlIntY ~.-.y'.mlI"l1 or Mure.1 .... and ~.ojthe 18nO.~ ~,!Ii\ll~govemlngllllt~,,~.., maintenanc., andllnllnct!1ll oIba8IC.~""UllIeI, sv-. -~~reqIllrtcfofany-"4"'~ opment<:oAlll8Wlll wIlIt princlplell 01 CCJllCiJmInqi, .. . planning, and deveIopJnenI permlltlnV. On April 7, 2009,,jQeaph R. ~ ~ .PnolIdenl 01 850 NWtol, .LLC and CO II. LLC (Peli- lIorteAl, ofllIlI8IIy.....---!l!'....lOtolll\.~ to E8tabllsh the CltyOllta Comrnurtllylile .tQl!ll\eiltl:litlrlo!.lIloIill_"~1eeOI$15.000,OO,1or ie\llewbythe~ ., . . . . , Th61lc>lmfa conekIerelton 01 th.CDOPaIIlIim...~wIlIt Sacllon190.0Q5, FIOrfda ~. _1n~1h!a~~ ~.J!lII'I!ilI!IlI.\If-~ I. to constderthe......... =~Sf'~~~;:L1r~~~~= ,.uI,-l!l!MIW. .....'~Dli\:f#il .~bradopllonolan ordll_. . ,:;,' ",,/,' ,,', ,',' Allcllltllrilto.IIlIt/le1ll!lll' lI\~lt.tll!!l~of~11\l8Y be afIeotad by the ~0Inlc ,...~~I~Il~~llr~~'ilB.4#~~~llf't;.~":~~~ ars;-lM~IIA.I,I)'OWIIllf8. ... ...'... ... ..~~lIf~""'_.~tllllel~lwo.of~III.'!Il""'~coetaln'~ WItlI!IllI""I.I!4~.~ of~,1.'54~..~~. ~,an explanll\lonoflljt ~14I!1I..I10.....11 III.... dl~"".....' \tI~ 'ot..~.. ..... ...,.., a. ..~ of theluH _..... .oj .... ~ . ...n.. ~...&.'. _. ..... _.I)If )If.Ill!'. iIIl!l\lil. -.'. n 11!llI.' .1IlIt~..,;.. CoIlntYQilIk, Collier ~ aem~"''''''''''''' .. , """.~. . ..... . =..._~"'Ihe~pjapertylobliillirAtlili :9'lIli. ~.... tf=.~1i.,Fhlittl:;:=:.~~.~ -....... .. ... . . .. it.~ Ii .~.'l~4Il_.~ an,decleIOnmade by lhe~oI ~Commlssiqnel1l ~ 'llIilll"tl\jiliij:"'~eMljlll!Gh~llf~ hlfwllfllfle!lare<loftl'4f that pIOClIIdl..g, iiridfOtfUCh PllIPOt8Illi 1IlW,.ilitIiW::" a 'fI'd>atim recon:t 01 tile pro- . .....dIngs Ie mede. WIik:h NCOftf ~.. ',"'jlilil\~"'~ upOn which the apI*If 1.10 be baIad. Oclobet 2, 2000, October 9, 2llo9 and OCtobar 23, 2009 Crl.:. ~- ~unlly Oevl>Iopment D~ ' J .... R. VIIabef, VIet.Presldent 860NWtt.LLC. _CO U. LLC (P-"",) ~A!lIl9f ~ClOMMl8liIONERS COt.UER ~ !'I.ORIOA ~FIAI.A,CHI\!RMAN DWIGHT l;. BROCK, OLERK By: PatrtcIa MOflllIIl> Deputy CIet1< (Seal) . No 2~1fg8855 October 2,' ~ all 20M ,! NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 3 times in the issue on October 15, 22 & November 4, 2009 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, fOf a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for p le ion in the said spaper. Sworn to and subscribed before me This 9th day of November, 2009 ~ rwJ r VcAMf(}/) (Signature of notary publi ~~,~~~tJ~;:;", lP. /i\. KAHOl E KANGAS ;. : : . E Notary Public. Stale 01 Florida ~.r>.... .. <J'fl My Comm. Expires Jul 29 2013 "'::,~" t;',r.:>' Commission # DO 9122' 37 .".", - aD 'I . Dally News and ~onnect with I. Bring your phone era during the event! 0- rD~~ odlO prollidel_oubjecl '" governing any existing or future IVeming the plar1n/nQ. impIementa.. d '1etVice6 wtlJc" ITIa)i' be NQuired __ piennlng, end dmiopment u.c (Petitioners). olIk:IaIIy oubmft. . ~ Development DIatrict, elong wlth , . i05, Florida Statutes,jnM~uctlng ,of1he petition ..oubmillell, to the her Collier County will establish the m at Mercato ach Rd. :>er 18, 2~ by the economio conaequ<<IOeS of < '('IIY IIl1<liI); eow.r.C<!uniY end;to operty owners. ' Its in acCOfdance with the require- Ifnputations and determinations. is of its documentation arld the ord4- ""_Florid.. rty to be serviced by the proposed M' Planning Department. at 2800 _d. munity 131 w: n ews 3WS :izen lews ;ommissioners with rnpect to any 'OC8edlng. and for such purpoae "e I record' includes the teetimony and . 2. 2009 .mmunity '3" at 18 ~eirtOistrict lion. .C(Petitioner'.) 11'1 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publh State of Florida County of Collier Before the undersigned they serve as t appeared Phil Lewis, who on oatl serves as the Editor of the Naples Da published at Naples, in Collier Coun in Collier and Lee counties of Florida; of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on October 15, 22 & November 4, 200' Affiant further says that the said Naples Daily published at Naples, in said Collier County, Flo! newspaper has heretofore been continuously pul County, Florida; distributed in Collier and Lee c each day and has been entered as second class m office in Naples, in said Collier County, Florid, year next preceding the first publication ofn advertisement; and affiant further says that he t promised any person, finn or corporation an commission or refund for the purpose of seeurin! P Ie ion in the said spaper. Sworn to and subscribed before me This 9th day of November, 2009 ~cwJ r ~rNJ (Signature of notary publi ",~~~~I~;j;", i~?... . (i'~ KAROL E KAf ~. * : . ~ Notary Public. SIal ~",,,'" ,y/ My Comm. Expires J ~~~::.~." I\<':'>~ Commission # DC '"""" 80 f:;;......'OF PU8UC:"'''''.t\'''"", ;'. . ."<.:';i <-:,'::,'~~.~ - '~:''''-'Df:' -"':':-'>,:,":-;>'i_.,,' .::. "t~,,' '~:tlQ::""~;'>,,:d}: ,11lt. -....J:1~"r* hetlbfJlliOl,. ......,iri1lloComm_ G~CoI\tor,~_TIloiI, l'IorIdo,,,,, 1'\tlIII'q,=,.,.0_'*lh* ~_'* ........ \lonaIdA.~I!aq., P.A., ... (i:.~!:.=:e::~:2~= _!S~~~:.~~:r=~-=~~nor~~::~~i~~ "." lIiiJot:, _Coo""I\QoII~,~~-:.w:,*-Ip"'~ . .. fut,..~_w., . . .- j ;j , ~ Cl....r:]..... Acommunlty__ dl_ ~ofonn of _Iol purpoaegovemmeotUMdto pIOYido I_oubject to the rogu/atoly requirements of _ lh* _ of Florida and CoOler County govemlng ony oxloIing or fubJr8 _ uoe end development of the land --l\lXWo, end ~~g ~o plaMing, implomonta, lion. mai_, end finanoln9 of _ community faQ/litles, ........ end $8rYIcos whlc:h may 00 requirod of any _ deo'tlOjlment _nt with prinoIplIo of """_,,,,,",,,,",,,,_ _ng, _development permitting, . On April 7, 2009, Joeoph R. Weber Vice _ of 850 NWN, ~LC end qG ii, U.C (PeIltioner's), officially sullm". led end _ 111_ for.. Qrdinan<:o to_ioIllh* City oato Comm",,;ty lleYeiopment District, along with the ~1lfOOHSIng _ of $'5,ooo.(lO, for. revIew!>Y tho County. Tho Boanh consIdorotlon of ~o COD. Petition will comp~ wil!! Seotion , 90.005, Florida Statu...,.!" ~ ~Ia Publlclllilmg. n.. purpoae oftllla. heiIIIng 10 to ooooidl!r"" ~ oflh* palitIon.. ouOmItted, to ~o ai.faclonl _ in Section, 90.005(')(<>), Florida StatuW, end _ whothorCollier County wiII_ ~o City _ COmmunity OoveiopmOllt 0lIIrict!>Y adoption of 1ha ordInonca. _ing to the PatKlon, ot___of peraons _be affaclod !>Y tho oconomio conooquoooos of tho~dlll!lolll!lOb~_.ofPillridl!!l!<iI"'Ili!iUns~or~smoIQ;CoIlia1"l;oul)\yond ;to c_l~ of Wiry irMu);tfio "'""""' P<<JPOitYOWneiI; aridtfiOlil\iiOPn>POrtY owners. - A copy of 1ha M....of the PatItIohor's _ 01__ reguIoiIOoy.coatoln llCOOldlInco with tho requlro- menu of Section 120.541, Florida StatutelI. tncl!Jding an..8Jq)IenatiQll of its. computations and determinations, is ovaIIabla for "",law. aiOl1llwith a copy of "" M .... of lh* paIIlIon end... of ;to documontotlon end the ordl. nanoo, ot the Dffloe 01 ~o County Clerk, Collier Co\mty, 300' 1'amio!nI1l1iI1, fut, _ Florida. Copieo of the palltion, which contains tho_ _ of tho """ PfqpOf\y to be ...._ !>Y ~o P_ distriot end tho onllnonce, are _ on ilia at tho Colilar County Cqm~ Plonnlng Department, at 2800 North Ho_ DriYo, Naples, Florida; NI tntanloted.porsons... _ to_. 'I a person cIeoidos to appOot any _ made !>Y tho _ of County Commlaslonen; with _ to ony matter coneIdered at such meeting orhiering, hfJwillneed a,ecotd of,.prOCllding, IlI1d for such purpose he may need to ensure that a verbatim recon:Iof the proceedingI is m8d8, Which' record includes the testimony and evidence upon whklh the appealls to be butd. 00t0ber'5, ~ Ootober 22, 2009 end _ 4. 2D09 City Gate Community DeveIopnlei1t District JOOOph R. _, VlcO P/.oid81l 850 NwN, LlC, end CO Ii, LlC (Petitloner's) BOAAD OF COUNTY COMMISSIONERS, COWER COUNTY, FLORIDA DONNA FIAlA, CHAIRMAN DWIGHT E. BROCK. CLERK By: Patricia L. Morgan, Deputy CIMk (Seal) No.:,:.u.........q,a _~;,'~1.5?? NO~4.. 9MA' I 80 . ~ ' A Teresa L. Polaski From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 13, 2009 10:28 AM Teresa L Polaski RE: City Gate COD Display Ad (3 week run) ok From: Teresa L Polaski [mailto:Teresa.Polaski@colliercierk.com] Posted At: Monday, October 12, 20098:59 AM Posted To: Legals - NON Conversation: City Gate COD Display Ad (3 week run) Subject: City Gate COD Display Ad (3 week run) Legals, Please advertise on the following Display Ad on the following weeks. Thanks <<CDD-2009-1 (City Gate week 1,2 & 4).doc>> <<City Gate COD week 1,2,4 Nov 10.doc>> <<COD City Gate Map.pdf>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax IT eresaPo las ki@colllerclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. instead, contact this office by telephone or in writing. 1 Teresa L. Polaski 8D~1 From: Sent: To: Subject: Attachments: ccushman@naplesnews.com Tuesday, October 13, 2009 10:42 AM Teresa L. Polaski 231138864 BCC/COMPREHENSIVE PLANNING DEV 231138864.pdf Proof for your review Ad #231138864 to run October 15, 22, November 4 1 8D1JI PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives notice to the citizens of Collier County that a public hearing shall be conducted in accordance with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the Commission Board Room, 3rd Floor W. Harmon Turner Build- ing (Bldg "F") Collier County Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, November 10,2009. The subject of the Public Hearing is consideration by the Board of a petition filed by Joseph A. Weber, Vice President, through authorized agent Donald A. Pickworth Esq., P.A., for the establishment of a Community Development District (COD) form of speCial purpose local government to be known as the City Gate COD and the creation of the district by the adoption of a Collier County Ordinance titled as set forth above pursuant to Sec- tion 190.005(2), Florida Statutes. The district government would serve an area of land in Collier County generally described as follows: The proposed District is located entirely within the unincorporated area of Collier County, Florida. The proposed district covers approximately 253.05:1: acres of land. The site is in the area of the northeastern Quadrant of the intersection of 1-75 and County Road 951, Collier Boulevard, within Section 35, Township 49 South, Range 26 East, as depicted below. I: '.'1 i A community development district is a form of special purpose govemment used to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County goveming any existing or future lawful use and development of the land described above, and specifically governing the planning, implementa- tion, maintenance, and financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concurrency, comprehensive planning, and development permitting. On April 7, 2009, Joseph R. Weber Vice President of 850 NWN, LLC and CG II, LLC (Petitioner's), officially submit- ted and filed its Petition for an Ordinance to Establish the City Gate Community Development District, along with the application-processing fee of $15,000.00, for review by the County. The Board's consideration of the COD Petition will comply with Section 190.005, Florida Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted, to the six factors listed in Section 190.005{1 lIe), Florida Statutes, and determine whether Collier County will establish the City Gate Community Development District by adoption of the ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the require- ments of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is available for review, along with a copy of the full text of the petition and any of its documentation and the ordi- nance, at the Office of the County Clerk, Collier County, 3301 Tamiami Trail, East, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district and the ordinance, are also on file at the Collier County Comprehensive Planning Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. October 15, 2009, October 22, 2009 and November 4, 2009 City Gate Community Development District Joseph R. Weber, Vice President 850 NWN, LLC, and CG II, LLC (Petitioner's) BOARD OF COUNTY COMMISSIONERS, COLLlER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk (Seal) No 231138864 Octoher 15 22 November 4 2009 ~;OF ~IIIUJ(;;""" ThI!....OI~~ofColllor~I'Ioi~lIIie~n'-by~nolIcOlQillo.pitizeolIof . CdI!if,~....piIblIc-I1Q,I!!M!J..._In.".m'~i\II!Ilt"'~!lI1If~.'lf $oIlllOn1~~Statutes,a1l1lOO.....,'ntheCom_~~3RIF1ol\j!IN.~T""""l!UlId, ~_"'CoIIIorQOUnty Gv.,.,I!I,.,.C....., 3301.TamIamI Trail, i!ai!!\.~ FloridO;....~I'l~ 1~,.. TllolljbJol\lofthe~ilcon~b\'theBoa/i!!t!f.;pl!titI<lnf!lo<llll'~R.1N;bel; ~~.~aut!lorIIOd...OonaId""~Ioq,P.A.,f!Ir...~.!II..~ D. _..llIIiilllalricl (CDDl_olOpaclal pU_~llO\(IlllIIllfll to bO ~..the ClIJ"9PD""" \Ill> <lraiiiIan"'" dIIfifCt by....1Idclllion of" COIIIIrCcl\lnty~_ ....~ ~""~to_ .""":~.PIootdaS.......ThI!dlatric1____an ....of/llildInCOllill'C<>OOtY~ ~..filI!owa: ' . lha~Dtal!iol illocaIad;~withln the unln<:orporOtad llI'llll~~~ ThI!~ ,,~~~==:r:,:::' ~~~~the4'1'i5~Towl1Ohlp40sU:~~ Eaat, .. depicted below. . .. . 11'1 ~" 0- fZJ.,... A" cOmmunity development district i$ a form of special put'p08e government used to proVide infrastructure subject to the regulatory requirements of both the State of Florida and CoHier County governing any existing or future Iawfut use and development of the land described above. ancItpecifically gov~ the pl8nnlng, implementa- tion, maintenance. and financing of basic. community facititles, syatema. and. servicei which may be required of any such development COrl8istent with principle. of conclJI'AlflCy; comprehensive planning, and develo~nt pennftting. ' On AprU 7, 2009, Joseph A. Weber Vice President of 850 NWN, LI,..C and CG II, LLC (Petitioner'sl, officially submit- ted and filed its PetitIon for an Ordinance to Establish the City Gate Community Development District. along with the application.proceS&!Og fee of $15,000.00, ~or review ~ the County. TheBoard'l consideration of the COD Petition will comply with Section 190.005, Florida Statutes, in conducting this Public He8rlng. The purpoee of this he4IrIng Is to'CQftIIderthe I'6Iatlonlhlp Of the petition as submitted, to the six factors listed In SectIon 190.005(1Xe), Florida Statutes, and detennine whether Collter County will establish the City Gala Community llevelopmant Olatrict by adoption of the ordlnanc.. Aceordlngto the Petition, at feast four categOries Of persolll may be affected by the economic consequences Of the pt'CllOOId dlsb1ct aa1ab1isl)mant: _ of Florid"1i1d I1sc~(m~orVIIY~Q; GolII.rCC<J!1ty and Its c~ (niodest or very smaD); the present property owners; and the future property owners. A copy of the full text of the Petitioner'l statement of estimated regutatory costt in BCCOI'dancewith the reqUire- ments of Section 120.541, Florida St8tut8$, inoluding an explanation of ita computations ane;! determinations, is available for review, along with a cOpy of the fun text of the petition and any of its documentation and the ordi- nance, at the OffIce of the County Clerk, Collter County, 3301 Tamiami Trait, East, NapIN, Florida'. Copies of the petition, which contains the Iega/ description of the real property to be l81Viced by the proposed district and the ordinance, are also on file at the Collier County Coo1prehenslve Planning Department, at 2800 North HOI'HIhoe Drive, Naples, Florida. All int8f9$ted petSOnSare Invited to attend. If a person decides to appeal any decision made ,by the Board of County CommiSsioners with respect to any matter considered at such. meeting or hearing, he will need a record, of that proceeding. and for such purpose he may need to ensure that a verbatim record of the proceedings. is made, which recordfnCludes the testimony and evidence upon which the appeal ts to be based. Octobe. 15, 2009, Oct<lbar .22, 2009 and November 4, 2009 City Gate Community Development District Joseph R. Weber, Vice President 850 NWN. LLC, and CG II, LLC (Petitioner's) SOARD Of COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR'OA DONNA RALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Pabicia L Morgan, Deputy Clerk (Seal) ~2311"G~.t October 15:Z2 Novemb&r 42001I Q;~J GoJ~ I ~~ 8D ).";".,1 ; ~,,;~ ',. ~ 8D df Ann P. Jennejohn From: Sent: To: Cc: Subject: Attachments: kendall_m [MarciaKendall@colliergov.net] Friday, October 09, 2009 11 :20 AM Ann P. Jennejohn Trisha McPherson; Brock, Mary Readvertisement due to NON Snafu....City Gate COD for November 10, 2009 City Gate COD Ad 1, 2, 4 - 11.1 0.09.docx; City Gate COD Ad 3 Ord. - 11.1 0.09.docx; CGCOO-1 Ad Map.pdf Ann, Per telcon, please find attached. As noted, I will not be forwarding hard copy since we are merely changing dates due to Naples Daily News mess up. Please find attached for October 15, 22, 28 and 4. The 281h ad is the Ord. Title. Both require this map. Please again...provide confirmation once accepted. Thank you. <<City Gate COD Ad 1,2,4 - 11.10.09.docx>> <<City Gate COD Ad 3 Ord. - 11.10.09.docx>> <<CGCDO-1 Ad Map.pdf>> Phew! And AMEN! Cordially, Marcia Kendall Marcia R. Kendall, Senior Planner Comprehensive Planning Department 2800 N. Horseshoe Drive, Suite 419 Phone 239-252-2387 Fax: 239-252-2946 Email: marciakendall01colliergov.net "Please consider the environment before printing this email" ATTENTION: Ilc advised that under Florida's Govcmmcnt-in-the-Sunshine law, information contained within this cmail becomes public record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and locallevcls. There is also a constitutionally guaranteed right of access. For more information on this law, visit: Florida's Sunshine Law 1 November 10, 2009 Board of County Commissioners Public Hearing '8 iD Advertisinq Requirements Please publish the following Advertisement with Map on Wednesdav. October 28. 2009. and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104. The advertisement must be a 1/4 page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the followinq on ALL Invoices: DEPARTMENT: COMPREHENSIVE PLANNING FUND & COST CENTER: 111-138317-649100-00000 PURCHASE ORDER NUMBER: 4500100973 ACCOUNT NUMBER 068778 NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER ORDINANCE ~8D ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AND NAMING THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING STATUTORY PROVISIONS AND COMMITMENTS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives notice to the citizens of Collier County that a public hearing shall be conducted in accordance with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the Commission Board Room, 3rd Floor W. Harmon Turner Building (Bldg "F") Collier County Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, November 10, 2009. The subject of the Public Hearing is consideration by the Board of a petition filed by Joseph R. Weber, Vice President, through authorized agent Donald A. Pickworth Esq., P.A., for the establishment of a Community Development District (CD D) form of special purpose local government to be known as the City Gate CDD and the creation of the district by the adoption of a Collier County Ordinance titled as set forth above pursuant to Section 190.005(2), Florida Statutes. The district government would serve an area of land in Collier County generally described as follows: The proposed District is located entirely within the unincorporated area of Collier County, Florida. The proposed district covers approximately 253.05:t acres of land. The site is in the area of the northeastern quadrant of the intersection of 1-75 and County Road 951, Collier Boulevard, within Section 35, Township 49 South, Range 26 East, as depicted below. [INSERT MAP HERE] A community development district is a form of special purpose government used to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above, and specifically governing the planning, implementation, maintenance, and financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concurrency, comprehensive planning, and development permitting. On April 7, 2009, Joseph R. Weber Vice President of 850 NWN, LLC and CG II, LLC (Petitioner's), officially submitted and filed its Petition for an Ordinance to Establish the City Gate Community Development District, along with the application-processing fee of $15,000.00, for review by the County. The Board's consideration of the CDD Petition will compiy with Section 190.005, Florida Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted, to the six factors listed in Section 190.005(1 )(e), Florida Statutes, and determine whether Collier County will establish the City Gate Community Development District by adoption of the ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is available for review, along with a copy of the full text of the petition and any of its -- -'-'--~-"._'--~--'"--'-,-'---,".._~--,.~.,-",,-.....,.~~~,~,-~-,,,-,,-,,,,~,,,,,,,,~,""'.~--,,,--,,,---_..'-~-,,~~----,,~.,.,._., documentation and the ordinance, at the Office of the County Clerk, Collier County, 3tBBmi T;ail, East, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district and the ordinance, are also on file at the Collier County Comprehensive Planning Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. October 28, 2009 City Gate Community Development District Joseph R. Weber, Vice President 850 NWN, LLC, and CG II, LLC (Petitioner's) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk (Seal) .- .~__.__..."..__..., '___~_""._~',,'__"_'__' -.~- .'m'_.'..,___,_._, _,_,~___~,._,,_,."_,~,__.._.,"~__."_'~_'._'_"_."",,___,____, '~""~'.~"__~m___.._,",.__.,.,>_,,_ __.._____. . I I , / ~ !1-~-=~cTT 1- ~/"l/ '" . . - ,...L I....L - __LJ?$j' / I ' (---it;/ ~ / /..}ff A i rl .: tl~/1 , 'h ~ ~ _~1~' / 1IIt {:I , 1-<-~11~1 /~--rrm. --=-!Ci=-l~, ~_ \c /~ / ,I ~ = - /~ -+-jl~---- :~-= y ~ ,-1 !Jr /l~~,~ ~~ - '_ t=~~ 1 l-ojA r- '---- -UJo_[1lE .... =./ \~ J~[/iLL_:~ J _a.'^31no81.31l1a~- ____f'11'o-6::->n1r------!1 rF=~~-1 ~---!-- ]1 ~'. e:;;1\1"*:.:.:....:.J:I1J)~n6.. II ....1 I DL!J[.'- ..-----~y~ . ...~.m ~Tni. ~ 1111.. it' /---11------ =1 I t' ~: I- _ LII:IIn, [JlU~ 7~ ;-''') " 1\ ' illllJlI ..~.\I'~rlfIllRm-Fi.'~\-- /,; -~lrF~\\---- ,-) - ~t!. ~jj, b I 11 H~ EJ lliEJJ p\\--~ ~..~. \~I ~1~~:4.~"~.t./II. .....~ .. -l~i-~(-v f;1 rrttm ffif:rn ~> \ [~.:f ~ffiflllJTTTHf~l-tJ:~ ---+-= ._-, f, .). /;.\ .ft'-~ .~^'.~-Y' -~" -. .T""":'I?:""..-:ml~'~ 11 1\ 1171,! '- /~~.~~ .1' '_::;~~~~ __,I j III 1!li;=j " I, 7/~-'.<=:::J II ~ Ln -4' . ~ ~t1 ! :-l I I ~ I-- I E, =t= .' -1- ___j .-_----_.._._~~""-_._---_.._-_._..._....__..",..---,._-"-~,_.-.._,--,~.._-,."" '811 " ~g ,0 0 '" II z '" " '" ~" ,.., ~i7i D '. " ~ " < b; 8 . g ~~ p 00 .~ ~.3 g:~ << >~ 0< ~~ ~~ 0, ;..:~g:: ~~~ 0<" <' fu~8 g:St; November 10, 2009 Board of County Commissioners Public Hearing Advertisina Reauirements 'SD Please publish the following Advertisement with Map on Wednesdav. October 28. 2009. and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104. The advertisement must be a 1/4 page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: COMPREHENSIVE PLANNING FUND & COST CENTER: 111-138317-649100-00000 PURCHASE ORDER NUMBER: 4500100973 ACCOUNT NUMBER 068778 NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER ORDINANCE _so ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AND NAMING THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING STATUTORY PROVISIONS AND COMMITMENTS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives notice to the citizens of Collier County that a public hearing shall be conducted in accordance with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the Commission Board Room, 3'd Floor W. Harmon Turner Building (Bldg "F") Collier County Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, November 10, 2009. The subject of the Public Hearing is consideration by the Board of a petition filed by Joseph R Weber, Vice President, through authorized agent Donald A. Pickworth Esq., P.A., for the establishment of a Community Development District (CDD) form of special purpose local government to be known as the City Gate CDD and the creation of the district by the adoption of a Collier County Ordinance titled as set forth above pursuant to Section 190.005(2), Florida Statutes. The district government would serve an area of land in Collier County generally described as follows: The proposed District is located entirely within the unincorporated area of Collier County, Florida. The proposed district covers approximately 253.05! acres of land. The site is in the area of the northeastern quadrant of the intersection of 1-75 and County Road 951, Collier Boulevard, within Section 35, Township 49 South, Range 26 East, as depicted below. [INSERT MAP HERE] A community development district is a form of special purpose government used to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above, and specifically governing the planning, implementation, maintenance, and financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concurrency, comprehensive planning, and development permitting. On April 7, 2009, Joseph R Weber Vice President of 850 NWN, LLC and CG II, LLC (Petitioner's), officially submitted and filed its Petition for an Ordinance to Establish the City Gate Community Development District, along with the application-processing fee of $15,000.00, for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005, Florida Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted, to the six factors listed in Section 190.005(1)(e), Florida Statutes, and determine whether Collier County will establish the City Gate Community Development District by adoption of the ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is available for review, along with a copy of the full text of the petition and any of its ~8D documentation and the ordinance, at the Office of the County Clerk, Collier County, 3301 Tamiami Trail, East, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district and the ordinance, are also on file at the Collier County Comprehensive Planning Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. November 28, 2009 City Gate Community Development District Joseph R. Weber, Vice President 850 NWN, LLC, and CG II, LLC (Petitioner's) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk (Seal) ~8D [r..1 I T'I- ---- I II . 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"'~ ~~ .' <' .> [8 80 IP, November 10, 2009 Board of County Commissioners Public Hearing Advertisinq Requirements Please publish the following Advertisement with Map on Thursday, October 15. 2009, Thursday. October 22. 2009 and Wednesday. November 4. 2009 and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Department. 2800 North Horseshoe Drive, Suite 400. Naples, Florida 34104. The advertisement must be a 1/4 page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the followin!:! on ALL Invoices: DEPARTMENT: COMPREHENSIVE PLANNING FUND & COST CENTER: 111-138317-649100-00000 PURCHASE ORDER NUMBER: 4500100973 ACCOUNT NUMBER 068778 '80 NOTICE OF PUBLIC HEARING The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives notice to the citizens of Collier County that a public hearing shall be conducted in accordance with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the Commission Board Room, 3'd Floor W. Harmon Turner Building (Bldg "F") Collier County Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, November 10, 2009. The subject of the Public Hearing is consideration by the Board of a petition filed by Joseph R. Weber, Vice President, through authorized agent Donald A. Pickworth Esq., P.A., for the establishment of a Community Development District (CD D) form of special purpose local government to be known as the City Gate CDD and the creation of the district by the adoption of a Collier County Ordinance tilled as set forth above pursuant to Section 190.005(2), Florida Statutes. The district government would serve an area of land in Collier County generally described as follows: The proposed District is located entirely within the unincorporated area of Collier County, Florida. The proposed district covers approximately 253.05:t acres of land. The site is in the area of the northeastern quadrant of the intersection of 1-75 and County Road 951, Collier Boulevard, within Section 35, Township 49 South, Range 26 East, as depicted below. [INSERT MAP HERE] A community development district is a form of special purpose government used to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above, and specifically governing the planning, implementation, maintenance, and financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concurrency, comprehensive planning, and development permitting. On April 7, 2009, Joseph R. Weber Vice President of 850 NWN, LLC and CG II, LLC (Petitioner's), officially submitted and filed its Petition for an Ordinance to Establish the City Gate Community Development District, along with the application-processing fee of $15,000.00, for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005, Florida Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted, to the six factors listed in Section 190.005(1 )(e), Florida Statutes, and determine whether Collier County will establish the City Gate Community Development District by adoption of the ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is available for review. along with a copy of the full text of the 8DI11 petition and any of its documentation and the ordinance, at the Office of the County Clerk, Collier County, 3301 Tamiami Trail, East, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district and the ordinance, are also on file at the Collier County Comprehensive Planning Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. November 15, 2009, November 22, 2009 and November 4, 2009 City Gate Community Development District Joseph R. Weber, Vice President 850 NWN, LLC, and CG II, LLC (Petitioner's) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk (Seal) ~8D Acct. #068778 October 12, 2009 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: City Gate CDD - Display Ad (1 week) Dear Legals: Please advertise the above referenced notice on Wednesday, October 28, 2009 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. # 4500100973 Teresa L. Polaski 80 To: Subject: legals@naplesnews.com City Gate COD - Display Ad (1 week run) Legals, Please advertise the following Display Ad wlmap on Wednesday, October 28, 2009. Thanks ~ ~ ~I ~ CDD-2009-1 (City City Gate CDD Gate).doc Week 3 Nov.lO.d.. CDD City Gate Map.pdf Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa. Po las ki@collierclerk.com) 1 ~81} Teresa L. Polaski From: Sent: To: Subject: Attachments: postmaster@collierclerk.com Monday, October 12, 2009 9:01 AM Teresa L. Polaski Delivery Status Notification (Relay) ATT628794.txt; City Gate COD - Display Ad (1 week run) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. 1ega1s~nap1esnews.com Teresa L. Polaski t 8U From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 13, 2009 9: 12 AM Teresa L Polaski RE: City Gate COD - Dispiay Ad (1 week run) ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Monday, October 12, 2009 9:01 AM Posted To: Legals - NON Conversation: City Gate COD - Display Ad (1 week run) Subject: City Gate COD - Display Ad (1 week run) Legals, Please advertise the following Display Ad w/map on Wednesday, October 28, 2009. Thanks <<CDD-2009-1 (City Gate).doc>> <<City Gate COD Week 3 Nov.1 O.doc>> <<COD City Gate Map.pdf>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa. Po las ki@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 "'81l Teresa L. Polaski From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 13, 2009 10:29 AM Teresa L. Polaski RE: City Gate COO - Display Ad (1 week run) ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Monday, October 12, 2009 9:01 AM Posted To: Legals - NON Conversation: City Gate COD - Display Ad (1 week run) Subject: City Gate COD - Display Ad (1 week run) Legals, Please advertise the following Display Ad w/map on Wednesday, October 28, 2009. Thanks <<COO-2009-1 (City Gate).doc>> <<City Gate COD Week 3 Nov.10.doc>> <<COD City Gate Map.pdf>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po las ki@collierclerk.com) Under Florida Law, e-mail addresses are public records. /fyou do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. instead, contact this office by telephone or in writing. 1 Teresa L. Polaski ~8D " From: Sent: To: Subject: Attachments: ccushman@naplesnews.com Thursday, October 15, 200912:16 PM Teresa L. Polaski 231138867 231138867.pdf Proof of Ad #231138867 running October 28, 2009 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER ORDINANCE ,aD ORDINANCE NO. 09-_ AN ORDINANCE OFTHE BOARD OF COUNTY COMMISSIONERS OF COL. L1ER COUNTY, FLORIDA, ESTABLISHING AND NAMING THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING STATUTORY PROVI- SIONS AND COMMITMENTS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFUCT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives notice to the citizens of Collier County that a publiC hearing shall be conducted in ac- cordance with the requirements and procedures of Section 190.005, floridil Sliltutes, al 9:00 a.m., in the Commission Board Room, 3rd Floor W. Harmon Turner Building (Bldg "F") Collier County Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, November 10, 2009. The SUbject of the Public Hearing is consideration by the Board of a petition filed by Joseph R. Weber, Vice President, through authorized aQent Donald A. Pick+ worth Esq., P.A., for the establishment of a Community Development District (COD) form of special purpose local government to be known as the City Gate COD and the creation of the district by the adoption of a Collier County Ordinance titled as set forth above pursuant to Section 190.005(2), Florida Stiill!1eS. The district government would serve an area of land in Collier County generally described as follows: The proposed District is located entirely within the unincorporated area of Collier County, Florida. The proposed district covers approximately 253.05::t: acres of land. The site is in the area of the northeastern quadrant of the intersection of 1-75 and County Road 951, Col- lier Boulevard, within Section 35, Township 49 South, Range 26 East, as depicted below. 'i' ITlliJ"", A community development district is a form of special purpose government used to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing. any existing or future lawful use and development of the land described above, and specifically governing the planning, Implementation, maintenance, and financ- ing of baSIC community facilities, systems, and services which may be required of any such development consistent With principles 01 concurrency, comprehensive planning, and development permitting. On April 7, 2009, Joseph R. Weber Vice President of 850 NWN, llC and CG II, LlC (Peti- tioner's), officially submitted and filed its Petition for an Ordinance to Establish the City Gate Community Development District, along with the application-processing fee of $15,000.00, for review by the County. The Board's consideration of the COD Petition will comply with Section 190.005, Florida ~, in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted, to the six factors listed in Section 190.005(1)(e), Florida Statutes, and determine whether Collier County will establish the City Gate Com- munity Development District by adoption of the ordinance. According to the Petition, at least four categories of persons may be affected by the eco. nomic consequences of the proposed district establishment: State of Florida and its Citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accor- dance With the reqUirements of Section 120.541, FlOrida Statutes, IIlcluding an explanation of Its computations and determinations, is available for review, along With a copy of the full text of the petition and any of its documentation and the ordinance, at the Office of the County Clerk, Collier County, 3301 Tamiami Trail, East, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be ser- viced by the proposed district and the ordinance, are also on file at the Collier County Comprehensive Planning Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend, If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. October 28, 2009 City Gate Community Development District Joseph R. Weber, Vice President 850 NWN, LLC, and CG II, lLC (Petitioner's) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L Morgan, Deputy Clerk (SeaO No:>:l11:lAAfl7 Or.lob..r;>A ;>DO!l NAPLES DAILY NEWS PublIshed Daily Naples. FL 3410: Affidavit of Publication State of Florida County of Collier ~ Before the undersigned they serve as the authority', personally appeared Phil Lewis, who on oath say, that he serves as the Editor of the Naples Daily, a daily newspaper published at Naples, in Collier COUnty, Florida; distributed in Coll,er and Lee counties of Florida; that the attached copy of the advertising. being a PUBLIC NOTICE In the matter of PUBLIC NOTICE was published in said newspaper on October 28. 2009 1 time in the issue Affiant further says that the said Naples Daily News, is a newspaper published at Naples. in said Collier County. Florida. and that the said newspaper has heretofore been continuously published in said Collier County. Florida; distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the pOS1 office in Naples. in said Collier COUnty, Florida. for ii period of ] year next precedmg the first publication of the attached copy of advenisement and affiani fiuther says that he has neither paid nor promised any person, firm or corporation any discount rebate. commission or refund for the purpose of securing this advenlsement for pu n in the said n paper ( Signature of affiant) Sworn to and subscribed before me This 2nd day of November, 2009 ...~~\i~";~~',,~ KAROL E KANGAS i~~m..:t>~~ Notary Public. State 01 Florida ; . : My Comm. Expires Ju129, 2013 -;'~~7'>f" ~$:.z:"~ Commission -# 00 912237 "'"'/:,t,~.,,. l area of Collier County, ^".,." ",. )^".',c' .".A. } ~.., '.' ...""""",.",', ""'~;::'::.'" ,"!;';f,',,:.,,>:*,DJ':::?',,: NAPLES DAILY NEWS Published Dailv 'iaples. FL 3" 1 0: Affidavit of Pub State of Florida County of Collier Before the undersigned they serve appeared Phil Lewis. who on serves as the Editor of the Naples published at Naples. in Collier C in Collier and Lee counties of Flori of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on October 28.2009 Affiant further says that the said Naples D, published at Naples. In said Collier County, newspaper has heretofore been continuousJy~'!jt, County. Florida~ distributed in Collier and u each day and has been entered as second cia! office in Naples. in said Collier County, year next preceding the firs1 publication advenisement: and affiant further says that promised any person, firm or corporation commission or refund for the purpose of secu pu . n in the said n paper. ( SIgnature of affiant) Sworn to and subscribed before me This 2nd day of November, 2009 e. ,,,."f., "",~~p... Ptl~;'" KAROL E K, {~m..t>,\ Notary Public. 51 ; ~ ";g My Comm. Expire!, -:. ~.:- ' . ;;;;:~)' ! ,s,~,,~ CommissIon :# "~II,,,,,. i llI'e$ of comer 9ounty, ~ of land, The sIte!& In 7:$..liI1llCounty RQad !!Q1, CoI- '" east, as depicted below. A eommtJf1lly de. .1gpmen\'dIslrfct ill'._!ilI ~.llllI'I'Iill!ltlJlrl8l'nment used to pt"O'IlrJe infrastructure subjlf(:t to the I8g!lIalOIy ~ ofllllllt'.". of Florida and ColIltIr County iIIi~ Dr fultqlliMulll8und d~ll!lplMl1l of the Iaitd deecribed abo",,~ ~ lhe"~~malntenance, andfinanc- ing of ba8Ic commun /aQllnles, $~ aild~. 'IIIIloh rllI!.Y' be required of any sUCh~1!ltIt ilntwlth~of~y,~slveplannk'!ll>8I1d development penllllllulI. .Qn~~" It V!Ilt~ofB60 LLC8l1dCGII,LLC~ 110..-.. .w ItlI .flli'", to ~bl!&h Comrl1U1ll1yOemJPt.tent riel, all'lIliJ--" . for rtl'iIeW by NCOImty. . -llilbII1M Wl1IIl,*, munlty Development by;adejlllJof , ~~~~!__=~:3hS~~ =~w~~Il\~ tiliJrepr't'l!*~e~,l~9rXllrUlTlalt)i the inSeRt ~ A copy of the full texl of the Petitloner's-sta\ement of ~~\llY cos~ in 8!'COf- dance with the"rllqulremenls of Section 12ll:54t;iI!Illlldii'SI8fu!!*. inQliJdlng an e~ranatklil of its computations and determlnat~ avaOljble forre\liew, a10rig wtth a cdpy oflhe full text of the petttlon and any of ~s d . . mentation and the ordinance, at the Of!Ice of the County Clerk, Collier County, 3301"fi .. . llIlil,.East, Naples, Florida. . Copies of the petition, which contaln$'tl\eiegal ~escrl~ion, of the. ~ property .\0 be ser- vfted Py the proposed district and tl1e ordin.anee, areaisQ on ~ at the C~ County Cori'1pi8henwe PIMnlng Department, at 2800 NOrth HorseShoe ll11ve,Naples, florida, All irilerested persons are Invited to att~. ." If a person decides tp appeal a/1y deQislon m8llll Pylh'8Board of County ComlTliS$lor1eM wlth respect to any matter consillerectat such ~ing or hllaring, he will need a,l'$COIdof ttiat proceeding, and for such purposEl;he may _ to sma that a verllatlm teq:>rdoftl1e Pl\)CSed10Q$ Is., which record hlcludes the'ieslImO\'lY and,vlclence upon WhlcIrlhe appeal Is to be ba$ed. " October1!'8; 200t City Gat. CommUnlIy Davelopment DlstJjct ~J ~ V1ceP\'eslclent, . 850 NWN, LLC, and CG n, LLC (Petttloner'sl BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNAFIALA,CHAlRMAN DWIGI{T E,ilROCK,CLERK By: Patricia L Morgan, Deputy Clerk (SeaQ No 23113RAA7 J ..: October 28 2000 ;r8D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink. paper. i\tta..:h 10 original docum..:nl. Orignml JO":UIH<:Il1.S "hould h~" h<.llld deli\'0r..:d to th", HUitl d Olli..:..: The compldcd louting :-.lil' alld ~)riginal documents an: to be f.)rwarded to the Board ()ftk.:: only .l!!'!!! tll..:: HOil1 J has taken ;lCtl011 on th", iknL) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or information needed. If the document is already complete with the excention of the Chairman's simtature, draw a line throu2h routin21ines #1 throuoh #4, comnleLe the checklist and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin. order) I. Judy Puig CDES Administration (]6? .' i i _~ " 1"-11 JU'1 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County ,t, \ i ~ Commissioners \1..-\)10'; 6. Minutes and Records Clerk of Court's Office ,PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending see approval. Normally the primary conla,,1 is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the nee office only after the BCC has acted to approve the item.) Name of Primary Staff Marcia R. Kendall, Senior Planner Phone Number 252-2387 Contact Agenda Date Item was December I, 2009 Agenda Item Nwnber ~b ADDroved bv the BCC. Type of Document Ordinance and Petition e&,-4d Number of Original I document (55 pages) Attached Docwnents Attached 1. INSTRUCTIONS & CHECKLIST Initial lhe Yes column or trulIk "N/A"m lhe Not Applicable colwnn, whichever is a r riate. Original docwnent has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, wilh lhe exception of most letters, must be reviewed and signed by the Office of tbe CoUll1y Attorney. This includes signature pages from ordinances, resolutions, etc. signed by lhe Coun1y Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to lhe Board and ssibly State Officials.) All handwritten strike-through and revisions have been initialed by the COUll1y Attorney's Office and all other ies ex t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or lhe final ne otiated contract date whichever is licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si lure and initials are r uired. In most cases (some contmcts are an exception), the original document and this routing slip should be provided to Ian Mitcbell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The documeDt was approved by the BCC OD I)" (eDter date) aDd all changes made duriDg the meetiDg have beeD iDcorporated D the attached documeDt. The COUD Attome's Office has reviewed the chaD es, if a Iicable. Yes (Initial) mk N/A (Not A licable) 2. 3. 4. 5. 6. mk mk mk 9ff [: FOlltl&" Countv FOlltl&" Bee Fonn.sI Original Documents Routi~ Slip WWS Ori~inaI9.03.04. Revised 1.26.0S. Revised 2.24.05 Date: To: From: Re: .. 8D MEMORANDUM December 11, 2009 Marcia Kendall, Senior Planner Comprehensive Planning Teresa Polaski, Deputy Clerk Minutes & Records Department Validated Ordinance 2009-68 Enclosed please find one (1) copy of the above referenced documents (Agenda Item #8D) approved by the Board of County Commissioners on Tuesday, December 1, 2009. If you have any questions, please call me at 252-8411. Thank you. Enclosures MEMORANDUM Date: December II, 2009 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2009-62,2009-63,2009-65, 2009-66,2009-67,2009-68 and 2009-69 Attached, for your records you will find one (I) copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, December 1,2009. If you should have any questions, please call me at 252-8411. Thank you. Attachments 8D , ,~, l " ..' ORDINANCE NO. 09- 68 ... 80 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AND NAMING THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING STATUTORY PROVISIONS AND COMMITMENTS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Joseph R. Weber, Vice President on behalf of 850 NWN, LLC and CG II, LLC ("Petitioners"), has petitioned the Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida, to establish the CITY GATE COMMUNITY DEVELOPMENT DISTRICT (District); and WHEREAS, the Board of County Commissioners, after proper published notice has conducted a public hearing on the petition and determined the following with respect to the factors to be considered in Section 190.005(l)(e) Florida Statutes, as required by Section 190.005(2)(c), Florida Statutes: 1. The petition is complete in that it meets the requirements of Sections 190.005, Florida Statutes; and all statements contained within the petition are true and correct. 2. Establishment of the proposed District is not inconsistent with any applicable element or portion of the local comprehensive plan of Collier County, known as the Collier County Growth Management Plan, or the State Comprehensive Plan. 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. 5. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. The area that will be served by the District is amenable to separate special-district government; and lof4 WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be serviced by the district, to ensure that neither the establishment nor operation of such district is a development order under Chapter 380, Florida Statutes, and that the district so established does not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Land Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: aa, # ~ SECTION ONE: AUTHORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other applicable provisions oflaw governing county ordinances. SECTION TWO: ESTABLISHMENT OF THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT The City Gate Community Development District IS hereby established within the boundaries of the real property described in Exhibit "A," attached hereto and incorporated by reference herein. SECTION THREE: DISTRICT NAME The community development district herein established shall henceforth be known as the "City Gate Community Development District." 20f4 at SECTION FOUR: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors: 1. Roger B. Rice 159 Kirtland Drive Naples, FL 34110 4. Paul P. Pacchiana 2139 Morning Sun Lane Naples, FL 34119 2. Ronald G. Rice 601 Trophy Drive, Unit 503 Naples, FL 34110 5. Jeremy C. Sterk 2875 Garland Road Naples, FL 34117 3. Elena Lindner 3420 22nd Avenue NE Naples, FL 34120 SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The City Gate Community Development District shall be governed by the provisions of Chapter 190, Florida Statutes, and all other applicable general and local law. SECTION SIX: CONSENT TO SPECIAL POWERS Upon the effective date of this Ordinance, the City Gate Community Development District will be duly and legally authorized to exist and exercise all of its general powers as limited by law; and has the right to seek consent from the Collier County Board of County Commissioners for the grant of authority to exercise special powers in accordance with Section 190.012(2), Florida Statutes. SECTION SEVEN: PETITIONER'S COMMITMENTS The adoption of this Ordinance is predicated upon the following: that the Petitioners, or their successors and assigns, shall (1) elect one property owner with no affiliation or direct relation to the existing owners or any subsequent developer of the District, to the five member Board of Supervisors at such time as property owners begin occupying businesses in the District, and (2) record a Notice of Assessments containing the specific terms and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. The Board shall retain any and all rights 3 of 4 MiD and remedies available at law and In equity to enforce Petitioner's Commitments against Petitioner, its successors and assigns. SECTION EIGHT: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Flor!,d.~, this, I~ day of Dtcem b..tr ,2009. .;j' ~~Mit ~ ~,,""~"; ."..-..", ", <<'-;A." " ".,", A TTE~:DWJGI1i'i'~ROCK ~' b:.;. ,,'.) ",',ll',-:.;';~ '. ~.-.A - c.:-" ~"", ., """'\ -< . -" (. '~j-' . ,\ .~ BOARD OF COUNTY COMMISSIONERS COLLIER_flUNTY, FLORI"DA j' , , 1 f /., tJ. . I - By: --1~.-' ~-d'_~ DONNA FIALA, CHAIRMAN Approved as to form and legal ufficiency: ,0 '(dL;effKlatzkow, County Attorney CPI09-CMP -00616 14 4 of 4 Exhibit A '" 8D. : .v: LEGAL DESCRIPTION OF CITY GATE COMMUNITY DEVELOPMENT DISTRICT A PORTION OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A PK NAIL AND DISC NO. LB5982 MARKING THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89'13'01" EAST, ALONG THE NORTH LINE OF SAID SECTION 35 AND THE SOUTH LINE OF SAFE HARBOR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGES 22 ANO 23, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE NORTH LINE OF LOT 1, CITY GATE COMMERCE CENTER, PHASE ONE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 41, PAGES 6 AND 7, OF SAID PUBLIC RECORDS, FOR A DISTANCE OF 590.33 FEET, TO THE NORTHEAST CORNER OF SAID LOT 1, FOR A POINT OF BEGINNING; THENCE CONTINUE, NORTH 89'13'01" EAST, ALONG SAID NORTH LINE OF SAID SECTION 35, AND THE SOUTH LINE OF SAFE HARBOR AND THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT NO. 28, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 19 AND 20, OF SAID PUBLIC RECORDS, FOR 4,692.14 FEET, TO A CONCRETE MONUMENT NOW SET AT THE SOUTHEAST CORNER OF TRACT 169, GOLDEN GATE ESTATES, UNIT NO. 28 AND THE NORTHEAST CORNER OF SAID SECTI01\I 35; THENCE SOUTH 00'55'48" WEST FOR 2,673.79 FEET, TO A CONCRETE MONUMENT FOUND AT THE NORTHEAST CORNER OF LOT 18, WHITE LAKE CORPORATE PARK, PHASE THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34, PAGES 45 AND 46 OF SAID PUBLIC RECORDS; THENCE SOUTH 89'00'01" WEST, ALONG THE NORTH LINE OF SAID LOT 18, AND THE NORTH LINE OF WHITE LAKE CORPORATE PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, PAGES 26 THROUGH 28, INCLUSIVE FOR 4,000.85 FEET TO THE SOUTHEAST CORNER OF LOT 16, CITY GATE COMMERCE CENTER, PHASE ONE; THENCE NORTH 00' 47'14" EAST, ALONG THE EAST LINE OF LOTS 16, 15 AND TRACT "A" OF SAID PHASE ONE PLAT, AND THE WEST RIGHT-OF-WAY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 681, PAGE 1210, OF SAID PUBLIC RECORDS, FOR 2,072.75 FEET; THENCE NORTH 58'30'03" WEST, ALONG THE SOUTHWESTERLY LINE OF SAID 170 FOOT WIDE F.P. & L. EASEMENT, FOR 596.93 FEET; THENCE SOUTH 61'09'57" WEST, ALONG THE SOUTHERLY LINE OF PARCEL "E", AS RECORDED IN RECORD BOOK 3965, PAGE 2873, OF SAID PUBLIC RECORDS, FOR 203.97 FEET, TO THE EASTERLY LINE OF THE CITY GATE COMMERCE CENTER, PHASE ONE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PHASE ONE, THE FOUR FOLLOWING COURSES; 1) NORTH 00'47'14" EAST FOR 124.70 FEET; THENCE 2l NORTH 31'30'28" EAST FOR 70.02 FEET; THENCE 3 NORTH 29'30'45" WEST FOR 52.47 FEET; THENCE 4 NORTH 00'28'39" WEST FOR 163.01 FEET, TO THE POINT OF BEGINNING. CONTAINING 253.05 ACRES, MORE OR LESS. SUBJECT TO RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD. BEARINGS FOR THE ABOVE DESCRIBED PROPERTY ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - BEING NORTH 89'13'01" EAST. 2982 Exhibit 1 Legal Description .... .x:. 1l.ltr)':5iri tr<) 0 t:l 8c:l0~ ....~~~ .0 2~.9.~ :S...... ~ c .... 0 c: 0 ~ ~ct: 1'\ lOUD:) alDD uap/o9 I I I ~ Q o '" ~-~ 'C Q) OJ - VJ lI) 15 Q)- Q) .--f- t:: t; ~ 18 :: (j:j a... 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BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-68 Which was adopted by the Board of County Commissioners on the 1st day of December, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of December, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners (~"-~~-(~~;~f~ (<kl\)' By: Teresa Polaski, . Deputy Clerk 8D; ~;~ DONALD A. PICKWORTH, P.A. 8D '>4 ATTORNEY AT LAW SUITE 502 NEWGATE TOWER 5150 NORTH TAMIAMI TRAIL NAPLES. FLORIDA 34103 e-mail picklaw@earthlink.net (239) 263 - 8060 FAX (239) 598 -1161 April 6, 2009 Via Hand Delivery Marcia Kendall, Planner Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Petition for Establishment of City Gate COD Dear Marcia: Attached are the original and 5 copies of a Petition to establish the City Gate Community Development District, along with a check in the amount of $15,000 as the tiling fee. When you have done your initial review, please give me a call and I will transmit the entire Petition electronically. If after reviewing this you have questions or comments, please give me a call. Very truly yours, Donald A. Pickworth Enclosures 8D II BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RE: PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES TO ESTABLISH THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT / PETITION FOR ESTABLISHMENT BY COUNTY ORDINANCE OF THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT Petitioners 850 NWN, LLC, and CG II, LLC, ("Petitioners") by and through their undersigned counsel, hereby petition Collier County, Florida (the "County") through its Board of County Commissioners (the . "Commission"), pursuant to The Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes (the "Act"), to establish a community development district (the "District") on the lands described herein by the adoption of a County ordinance creating a community development district to be known as City Gate Community Development District. In support of this Petition, Petitioners state: 1. Each Petitioner is a Florida limited liability company, and their principal place of business is at 159 South Main Street, Suite 500, Akron, Ohio 44308. Joseph R. Weber is the Vice President of each Petitioner. The authorized agent for Petitioners is Donald A. Pickworth, Esq., 5150 Tamiami Trail North, Suite 502, Naples, Florida 34103. 2. The proposed District is located wholly within the County, and encompasses 253.05 acres ofland (the "District Land"). A location map, sketch, and metes and bounds legal description of the boundaries of the District is attached as Composite Exhibit "1." 3. The Petitioners, collectively, own 100% the lands proposed to be within the District. As required by Section 190.005(I)(a)(2) of the Act, City Gate COO Petition 2009 SIll written consent of the owners of all the lands proposed to be within the District is attached as Exhibit "2." There is no real property within the boundaries of the District which is to be excluded from the jurisdiction of the District. 4. The five (5) persons designated to serve as the initial members of the Board of Supervisors of the District, who are residents of the State of Florida and citizens of the United States, and who shall serve in that office until replaced by elected members, as provided in Section 190.006 of the Act are as follows: Roger B. Rice 159 Kirtland Drive Naples, Florida 34110 Ronald G. Rice 601 Trophy Drive, Unit 503 Naples, Florida 34110 Elena Lindner 3240 22nd Avenue NE Naples, Florida 34120 Paul P. Pacchiana 2139 Morning Sun Lane Naples, Florida 34119 Jeremy C. Sterk 2875 Garland Road Naples, Florida 34117 5. The proposed name of the District is City Gate Community Development District. 6. A map of the District, showing proposed storm water interceptors and outfalls, and proposed major trunk water main and sewer City Gate COO Petition 2009 2 ~ 8D force main connections is attached as Exhibit 3A. 7. A good faith estimate ofthe proposed timetable and the estimated costs of construction and provision of District systems, facilities, and services, based on available data and which is subject to change is set forth in Exhibit 3B attached hereto. 8. Petitioner requests that the District be granted the right to exercise all the powers provided for in Sections 190.011 and 190.012 (1) of the Act. 9. The County has adopted its Local Government Comprehensive Plan (the "Plan") in accordance with the requirements of Chapter 163, Florida Statutes. The Plan designates the land area proposed to be included in the District as "Industrial". The proposed distribution and location ofland uses within the District is shown on the Master Plan for City Gate PUD (the "Master Plan") attached hereto as Exhibit "4". The uses are consistent with the uses authorized in areas designated as "Industrial" on the Plan. 10. A statement of estimated regulatory costs, prepared in accordance with the requirements of Sections 120.541(2), Florida Statutes and 190.005(1) of the Act is attached as Exhibit "5." 11. The District Land is amenable to operation as a community development district and the Petition should be granted for the following reasons: A. The District Lands are part of a planned community. The District Lands are of sufficient size and are sufficiently contiguous and compact to be developed as one functional and interrelated community, and the District is planned to be developed as such. The area to be served by the District is amenable to separate special district government. B. If established, the District would constitute a timely, efficient, effective, responsive measure to ensure the provision and on'going maintenance of facilities and infrastructure for the proposed development. City Gate CDD Petition 2009 3 8D \filii C. Establishment of the District and all land uses and services planned within the District are not inconsistent with the applicable elements or portions of the effective Collier County Growth Management Plan or the State Comprehensive Plan. D. The District will be the best alternative available for delivering community development facilities and services to the area to be served because the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside the District and provides a responsible perpetual entity capable of making reasonable provisions for the operation and maintenance of District services and facilities in the future. The establishment of the District will prevent the general body of taxpayers in the County from bearing the burden for installation of the infrastructure and the maintenance of the above-described facilities within the development encompassed by the District. E. The community development facilities and services of the District will not be incompatible with the capacity and uses of existing local and regional services and facilities. 12. As required by the Act, Petitioner will provide full disclosure of information relating to the public financing of District facilities and the maintenance of District improvements. 13. In support of the factual assertions and conclusions set forth in this Petition, Petitioner has attached the written, pre-filed testimony of those professionals involved in the preparation of this Petition and attached hereto as Composite Exhibit 6. WHEREFORE, Petitioner respectfully requests the Commission to: A. Determine that the Petition is complete; and B. Hold a public hearing pursuant to the procedures set forth in City Gate CDD Petition 2009 4 8' .'.' , , Section 190.005(I)(d) of the Act to consider the establishment of the District; and C. Enact an ordinance pursuant to the Act, granting this Petition, and establishing "City Gate Community Development District". Respectfully submitted this ~ of April, 2009. . ~ Donald A. Pickworth Donald A. Pickworth, P.A. 5150 Tamiami Trail North Suite 502 Naples, Florida 34103 Phone: (239) 263-8060 Fax: (239) 659-1100 E-mail: nicklaw(QJearthlink.net City Gate CDD Petition 2009 5 aD LEGAL DESCRIPTION OF CITY GATE COMMUNITY DEVELOPMENT DISTRICT A PORTION OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A PK NAil AND DISC NO. lB5982 MARKING THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89'13'01" EAST, ALONG THE NORTH LINE OF SAID SECTION 35 AND THE SOUTH LINE OF SAFE HARBOR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGES 22 AND 23, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE NORTH LINE OF LOT 1, CITY GATE COMMERCE CENTER. PHASE ONE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 41, PAGES 6 AND 7, OF SAID PUBLIC RECORDS, FOR A DISTANCE OF 590.33 FEET, TO THE NORTHEAST CORNER OF SAID LOT 1, FOR A POINT OF BEGINNING; THENCE CONTINUE, NORTH 89'13'01" EAST, ALONG SAID NORTH LINE OF SAID SECTION 35, AND THE SOUTH LINE OF SAFE HARBOR AND THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT NO. 28, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 19 AND 20, OF SAID PUBLIC RECORDS, FOR 4,692.14 FEET, TO A CONCRETE MONUMENT NOW SET AT THE SOUTHEAST CORNER OF TRACT 169, GOLDEN GATE ESTATES, UNIT NO. 28 AND THE NORTHEAST CORNER OF SAID SECTlaN 35; THENCE SOUTH DO'55'48" WEST FOR 2,673.79 FEET, TO A CONCRETE MONUMENT FOUND AT THE NORTHEAST CORNER OF lOT 18, WHITE LAKE CORPORATE PARK, PHASE THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34, PAGES 45 AND 46 OF SAID PUBLIC RECORDS; THENCE SOUTH 89'00'01" WEST, ALONG THE NORTH LINE OF SAID LOT 18, AND THE NORTH LINE OF WHITE LAKE CORPORATE PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, PAGES 26 THROUGH 28, INCLUSIVE FOR 4,000.85 FEET TO THE SOUTHEAST CORNER OF LOT 16, CITY GATE COMMERCE CENTER, PHASE ONE; THENCE NORTH 00' 47'14" EAST, ALONG THE EAST LINE OF LOTS 16, 15 AND TRACT "A" OF SAID PHASE ONE PLAT, AND THE WEST RIGHT -OF -WAY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 681, PAGE 1210, OF SAID PUBLIC RECORDS, FOR 2,072.75 FEET; THENCE NORTH 58'30'03" WEST, ALONG THE SOUTHWESTERLY LINE OF SAID 170 FOOT WIDE F.P. & l. EASEMENT, FOR 596.93 FEET; THENCE SOUTH 61'09'57" WEST, ALONG THE SOUTHERLY LINE OF PARCEL "E", AS RECORDED IN RECORD BOOK 3965, PAGE 2873, OF SAID PUBLIC RECORDS, FOR 203.97 FEET, TO THE EASTERLY LINE OF THE CITY GATE COMMERCE CENTER, PHASE ONE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PHASE ONE, THE FOUR FOllOWING COURSES; 1) NORTH 00'47'14" EAST FOR 124.70 FEET; THENCE 2) NORTH 31'30'28" EAST FOR 70.02 FEET; THENCE 3) NORTH 29'30'45" WEST FOR 52.47 FEET; THENCE 4) NORTH 00'28'39" WEST FOR 163.01 FEET, TO THE POINT OF BEGINNING. CONTAINING 253.05 ACRES, MORE OR LESS. SUBJECT TO RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD. BEARINGS FOR THE ABOVE DESCRIBED PROPERTY ARE BASED ON THE NORTH LINE OF SECTION 35 TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - BEING NORTH 89'13'01" EAST. 2982 Exhibit 1 Legal Description l... ..s:::'. ll.Il.I)'......... E~ is ~ 8c:V)Lu ....~~~ ~" ~. . ~V)~~ "to ~ ~ ~ ~O::: ~\ 10lio:) al09 liap/OQ I I I ~ ti ~ ~-~ Oc OJ ::. - 1Il (r) 15 ~-~--t8 ~ Ci) a... Q.l N l.j ,,' 15 O'l ll.I <.=l ~ ;'9 co I ~ '>oJ c.: ~ }J ~ <.=l ~ ~ ~ " CITY GATE CDD PETITION EXHIBIT 1 Not Platted .6L I'L9Z 'M,,!I'.ss.oo's "-- <.) '- '- "-- (f) '- Cl '" "-- '" '- c:: '-~ Q) '" E: ~'" .....L.j <:: Vl 0 Q '" 0 '" -2-;, \..).<:: ~~ Q) Vl ",Q _Cl:: ). '" (,) '" Q) '- '- '- :Svj Cl~ '" " E:~ '- E:G: (0) )..,If) <:.... "--a 0 ",i-: '- r--) \..)'1) C::lf) <:: .<:: '" 0 ~lf)" ::J~ ~ .....'" E: o 0 0 E: (;)~ ~....; ",h '- (,) 0 ~ Q.) 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'!' 9> SOOOd "f' 'B'd flfIJ41 flSOl./d 'd':J'7M ~ 8 Z 1': 0 ~'" ;:: " 0.." '" ~ . I c:: . . e(Q u- ,,0 rn ~ 0" "" tJ " e-~ ern p ~ . .....s 0> " '" '" ~ 0 v; .0.. oW " 0 ~ " ;I:Z .....;:; . ~ ~tti f;:J ~a.: rn N '" '" N ~ ~ [ . .t *e. \,.,0 .\.e. O. ~'0\<f;..\ 0~ ~~ rn~ ~ ~:gi :S12Q:~'" ~I~~! ~~tl 8 :M~~ _oN-<i [:1~:;r;:1 <~ '" 8D .. 8D EXHIBIT 2 LANDOWNER'S CONSENT TO ESTABLISHMENT OF DISTRICT The undersigned, Joseph R. Weber, as Vice President of 850 NWN, LLC, and CG II, LLC, each a Florida limited liability company (hereinafter collectively referred to as "Petitioners"), hereby certifies as follows: I. Petitioners are the owners of and have control over that certain real property located in Collier County, Florida, more particularly described in Exhibit I of this Petition under and by virtue ofthe documentation attached hereto. Said real property constitutes 100 % of the property proposed to be included in the District. 2. The undersigned is the duly appointed Vice President of the Petitioners and represents and warrants that he is duly authorized and has the authority to execute this Consent. 3. The undersigned, on behalf of the Petitioners, (i) hereby consents to the establishment of a community development district in accordance with Section 190.005, Florida Statutes, to be known as City Gate Community Development District, (ii) consents to the inclusion in the district ofthe real property described in Exhibit I of this Petition, and (iii) appoints and authorizes Donald A. Pickworth, Esq. to file this Petition. Executed this 3.4 day of At,.! ,2009. 850 NWN, LLC B~~!~b Vice President CG II, LLC wb eber Notary Signature on Next Page Exhibit 2 Landowner"s Consent 8D STATE OF OHIO COUNTY OF \ ttt/'l:.t ~ . The foregoing instrument was acknowledged before me this 1J day of tctJ/l/ ,2009, by Joseph R. Weber as Vice President of850 NWN, LLC and CG II, LLC, who is~ersonally known to me)OR has produced as identification. IN WITNESS WHEREOF, I have hereunto affixed my name and official seal at Akron, Ohio, this ~<eay of f0id ,2009. If. tary Public tate of Ohio ,'<'~\\IAL';"'" o,r "(':' "rI"'it(J ANNE E. PETERSEN c ~: \ Resident of Summij County ".i 'f Notary Public, State of Ohio ~re-:' o~..~y' My commission expires 08/03/2009 .... OF .... ............. aD j , o = @ . ~!\ '" 8 198~ ~~~ I!!!:!l ~ ~ d~ ~ 11...- E: ~ Ir""' IC:l ~ 2>: i @Q) ~ fj II .. o o u u. o >- 0: "" o z :> o m w u :> g: l/l -' 0 ~ g: z ::'5 0 u I~ 0: I~ I=' "" ii3 ~ ~ :::; 0: ~ 0 .... r:: l/l G ~ w W 0: j!: W l/l "" I 11. ~ W '" "" -' oz ....0 z>= Ol/l _z ....1=' ~X zW Zo 0"" Uo wo: 0:0 F'-' :>!=! u.u. w z w m "- ~ -' m z 0 l/l -' ~~ ~ -' <( -' ~ "" ~ <( :> U 0 0: W lu_ .... 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'X ~ >0<><.> >0 >0< >&>&>0< ~ >0>0 '>< >O<>O<~ 2: X> >0 >0< >0>& >0>& >0>0 R ><.> ~ >0 ~ !',.>O ~ >0< "x ex: (V') ~Q) >& ~, >0 x ..c; >0< a.. ~ >&>& ;0;0;0 ;0 ~ >& >0< ~ ;0 ;0 ~ ~ >& x ><.> ;0;0;0 ;'6 $ ;0><.> ro ;0 c:: ro o Q) - ro <..9 ~ y c:: Q) ;0 "'0 o <..9 ;0 ~ >& ~ >Q< ;'6 i<,. ~ X> X> X> ~ ;0;0 0< ;0 X> ;0 ~ x "', ;0;0 "1,><5 ;0 Q)> en CO~ ..c ;o~ fh~ 2'X ~ QSQSX( 0 ;0 y 6 ;0 ;0 ;0 ;0 X> X> ;0 ;0 ;0 ~ (> ;x ;x X> ~ ~ ~~ B ex '4 ~"''' ~ \ .LN\;Ild .LN3v-J.L\;I3~.L ~3.L\;IM A.lNnO::> ~31ll0::> ~ ~ X> \ \ [:::~ \ \. ,,~ "- ~~~~ ''''',,,,,,,~,, .y"," .,,- "- ~~~"~~"'"~ 8; Yd"~~~~~~ ~~~~~~~~~ ~~~~~" ~W Exhibit 4 Land Use Map ro .C:: - (/l :::l "'0 c:: Q) - ro <..9 >. - o I ,8t Q) "--"0 (/l- ro .ro 0 ..c::uo O-Ci;- Q) E 0 mEt:: <..90~ >.0 _ :t=T"""O o Z ......... ~ raD STATEMENT OF ESTIMATED REGULATORY COSTS City Gate Community Development District 1.0 Introduction 1.1 Purpose This statement of estimated regulatory costs ("SERC") supports the petition to form the City Gate Community Development District ("District" or "CDD"). The proposed District comprises approximately 253 acres of land on which 850 NWN, LLC, and CG II, L.L.C ("Developer") plans to develop commercial/industrial lots in phases. The new District will provide community Infrastructure that will serve all, or a substantial portion of, the land in the proposed District. The District plans to provide localized infr:astructure improvements and services ("District Infrastructure") to serve the land in the District and any offsite mitigation required by the Projecll's Development Order. The District may finance community Infrastructure by issuing bonds from time to time ("Bonds") secured by, among other things, proceeds of non-ad valorem special assessments (the "Assessments") levied on land within the District. To support the development program the District would fund approximately $38,276,000 of public infrastructure by issuing approximately $53,600,000 in total debt funding. The District proposes to provide infrastructure and community services to the District as described more fully below. 1.2 Scope of the Analysis The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S. (governing Dilstrict formation or alteration) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based onlv on factors material to manaoino and financino the service delive~ry function of the district, so that anv matter concernino permittino 01" plan nino of the development is not material or relevant (emphasis added)." As noted above, the proposed District provides infrastructure, services, and facilities along with their operations and maintenance, to the 253 acres planned for the development. The land contained in the District is currently planned for the land uses shown in Table 1 on the next page. These are preliminary plans and are subject to change. Exhibit 5 Statement of Estimated Regulatory Costs 81) Table 1. City Gate Community Development District Planned Land Uses Tvpe of Use Commercial/Light Industrial Right-of-Way Lakes Miscellaneous Florida Power & Light Easement Total Acreaae 197.51 19.66 24.80 0.18 10.91 253.06 % of Total 78.05% 0.8% 7.5% 6.6% 3.9% 100.0% Source: Developer 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (2002), defines the elements a statement of estimated regulatory costs must contain: "(a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. 2 8b (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, FS. Collier County is not defined as a small County for purposes of this requirement. (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule." 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance As noted above, the proposed District will provide infrastructure and community services to the +/-253 acres of land planned for the project consisting of various sized commercial/industrial lots. All of the ultimate property owners in the District will be required to comply with District rules and their properties will be encumbered with District obligations to pay for infrastructure and operations and maintenance expenses incurred by the District. Of course prior to the sell out of the real estate, all of the undeveloped land owned by the Developer and any other landowner within the District boundaries will also be under the jurisdiction of the District. 3.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities The cost to State entities to review or enforce the proposed ordinance will be very modest. The District comprises less than 1,000 acres. Therefore, the County will review and act upon the petition to establish the District. 3 . 8D There are minimal additional ongoing costs to various State entities to implement and enforce the proposed ordinance. The District is a special purpose unit of local government, and it is required to file various reports to the State of Florida, the Department of Community Affairs and other agencies of the State. The filing requirements are outlined in Appendix A. However, the additional costs to the State and its various departments to process the additional filings from the District are very low, since the State routinely processes filings from over 100 similar districts. Finally, the filing fees paid by the District are designed to offset any additional costs to the State. Collier County This petition to establish the District will require the County to review the petition and its supporting exhibits. In addition, the County will hold public hearings to discuss the petition and to take public input. These activities will absorb staff time and time of the County Commission. However, these costs are very modest at most for the following reasons. First, the review of this petition to form the District does not include an analysis of the Development itself. In fact, such a review of the Project is prohibited by statute. Second, the petition contains all of the information necessary for its review. Third, the County already has all of the staff necessary to review the petition. Fourth, no capital costs are involved in the review. Fifth, the County routinely processes similar petitions for land use and zoning changes that are far more complicated than this petition to form the District. Finally, the $15,000 filing fee is designed to offset these costs. The County will incur only a small additional annual cost if this petition is approved. The proposed District is an independent unit of local government, so the District is responsible for its own budget, reporting, and the full conduct of its powers within its boundaries. The District will provide the County with its budget each year, but no County action is required. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources of revenue. No State or local subsidies are required or expected. 4 a, ~ In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other unit of local government except the District. By State law, debts of the District are strictly its own responsibility 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance The District plans to provide various community facilities and services to the property in the District, as outlined in Table 2 below. The District plans to fund, own, operate and maintain the stormwater management system and the landscaping/lighting/signage. The District will fund and construct the public roadways and utilities, and the District will dedicate them to the County. The District will fund the acquisition of mitigation lands and anticipates to donate them, with a management endowment, to the State of Florida or other entity approved by the US. Fish & Wildlife Service for operations and maintenance. Finally, the District will fund, operate and maintain the environmental mitigation works and dedicate them to the County. Table 2. Proposed Facilities and Services Facility Public Roads Mitigation lands' Environmental Mitigation Works Storm Water Management Utilities landscaping/ Lighting/Signage Funded Bv COD COD COD COD COD COD Source Developer . - Mitigation Lands are expected to be donated to the State of Florida or other entity approved by the US Fish & Wildlife Service with a financial endowment for the perpetual management as conservation lands. O&M Bv County State COD COD County COD Ownership County State County COD County COD The petitioner has estimated the costs for providing the capital facilities as outlined in Table 2, and these are shown in Table 3 on the next page. Total costs for these facilities are estimated to be approximately $38,276,000. To fund this construction program the District may issue special assessment or other revenue bonds estimated to total $53,600,000. These would be repaid through non-ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. 5 . 8D ". Table 3. Summary of Estimated Capital Costs for Proposed City Gate Community Development District Cateaorv Public Roadways' Utilities Storm Water Management Landscaping/Lighting/Signage Consultants Environmental Mitigation Contingency Amount $27,200,000 $1,793,000 $4,563,000 $800,000 $600,000 $3,000,000 $320,000 ---------- ---------- Total $38,276,000 Source: Buller Engineering, Inc. . - Public Roadways Include payments, contributions, dedications, proportionate fair share or concurrency obligations for offsite roads. Prospective future landowners in the District may be required to pay non- ad valorem assessments levied by the District to secure the debt incurred through bond issuance In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. It is important to note that the various costs outlined in Table 3 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District's financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer-provided infrastructure and facilities. Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners' association common to most master planned developments. Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition. Furthermore, locating in the District by new landowners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides. 6 8D." The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County provision (directly or via a dependent special district), or through developer-bank loans. 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. The development is located in the County of Collier. As of the latest Census date, the 2000 Census, the County has a population of 251 ,377. Therefore, the proposed District is not located in a County defined as a "small" (75,000) according to Section 120.52, F.S. 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Finally, it is useful to reflect upon the question of whether the proposed formation of the District is the best alternative to provide community facilities and services to the Development. As an alternative to the District, the County could approve a dependent special district for the area, such as an MSBU or a special taxing district under Chapter 170, F.S. Either of these alternatives could finance the improvements contemplated in Table 2 in a fashion similar to the proposed District. However, each of these alternatives is inferior to the District. Unlike the District, the alternatives would require the County to continue to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. 7 A District also is preferable from a government accountability perspective. With a District as proposed, landowners and renters in the District would have a focused unit of government under their direct control. The District can then be more responsive to landowner needs without disrupting other County responsibilities. Another alternative to the District would be for the developer to provide the infrastructure and to use a property owners association (POA) for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA, a District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is a unit of local government. Therefore, unlike the POA the District must abide by all governmental rules and regulations. (Rest of Page Left Intentionally Blank) 8 8D~ Fishkind & Associates certifies that this SERC meets the requirements for a SERC as set out in Chapter 120.541, F.S. We have developed over 40 SERCs. Below is a listing of some of these SERCs. . Urban Orlando Community Development District . Marshall Creek Community Development District . Cedar Hammock Community Development District . Mediterra Community Development District . Brooks Community Development District . Pelican Marsh Community Development District . Pelican Landing Community Development District . Fiddler's Creek Community Development District 1 . Monterra Community Development District . Quarry Community Development District . Capital Region Community Development District . Deerfield Preserve Community Development District . Cypress Shadows Community Development District 9 aD .~,~ 80 APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA STATUTE REPORT CITE DATE Annual Financial Audit 11.45 12 months after end of fiscal year Annual Financial Report (AFR) 218.32 by March 31 TRIM Compliance Report 200.068 130 days after Form 1 - Limited Financial Disclosure 112.3144 by July 1 Public Depositor 215 by November 15 Proposed Budget 218.34 by September 1 Public Facilities Report 189.415 March 1 Public Meetings Schedule 189.417 beginning of fiscal year Bond Report 218.38 When issued Registered Agent 189.417 30 Days after 10 BD BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO ESTABLISH THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT I AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY STATE OF OHIO COUNTY OF SUMMIT I, Joseph Weber, Vice President of 850 NWN, LLC and CG II, LLC, being first duly sworn, do hereby state for my affidavit as follows: 1. I have personal knowledge of the matters set forth in this affidavit. 2. My name is Joseph Weber, and I am employed by 850 NWN, LLC and CG II, LLC as Vice President. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of City Gate Community Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at a public hearing to consider establishment of the City Gate Community Development District, my oral answers would be the same as the written answers presented in my pre-filed testimony. 5. My pre-filed testimony generally addresses the truth and accuracy of the Petition Exhibit 6A Pre-filed Testimony of Joseph R. Weber aD to establish the proposed City Gate Community Development District, the filing of the Petition and the processing of the Petition, and the size and ownership of the lands comprising the proposed District. 6. My testimony has been revised to correct minor typographical and grammatical errors. Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed thisJrG1 day of April, 2009. ~tiw~ SWORN TO and SUBSCRIBED before me by the Affiant, on this ~ day of April, 2009. Personally Known 1 or Type of identification produced ~. ... / {/ / 'lULl (, i _2 J!..(./,41{~ /l /J me E 13/~ r5Jr) Name of Notary ....{;;RiAL8~... N....g. -f.\or S\;d\NNE E. PETERSEN i , Resident of Summit County . ..r ~..... ~ \ '":.. . i Notary Public. State of Ohio ......::!.!:.~ ~F ~~'o./ My commission expires 08103/2000 ............ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 aaD TESTIMONY OF JOSEPH WEBER. OWNER'S REPRESENTATIVE 1. Please state your name and business address. My name is Joseph Weber. My business address is 159 South Main Street, Suite 500, Akron, Ohio 2. By whom are you employed and in what capacity? I am currently employed as Vice President by Brennan Management Group, LLC. 1 am also currently employed as Vice President by 850 NWN, LLC and CG 11, LLC. 3. Please describe your duties in these positions. As Vice President of 850 NWN, LLC and CG 11, LLC, 1 am responsible for the oversight of all operations related to accounting, sales, land development, construction, and property management services. 4. How long have you held these positions? I have been employed by Brennan Management Group, LLC or its predecessors since 1995. I have been employed by 850 NWN, LLC since it was formed in 2008 and by CG 11, LLC since it was established in 2003. 5. Are you generally familiar with the geographical areas, type, and scope of development and the available services and facilities within the proposed community development district to be known as City Gate Community Development District ("City Gate CDD")? Yes. I am familiar with the City Gate CDD area. I am also familiar with the type and scope of development and the available services and facilities within the City Gate CDD. 6. Please describe your involvement with the Petition For An Ordinance to Establish City Gate Community Development District ("Petition"). I have been involved with the formation of the City Gate CDD since its inception. I was involved in the planning stages of the City Gate CDD, and in the preparation ofthe CDD Petition and exhibits. 7. Have you reviewed the contents of the petition? Yes, I have reviewed and approved the contents of the Petition and exhibits. t$ill I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 10. 11. 12. 13. 14. 15. 16. f8D' 8. Are there any changes or corrections to the Petition at this time? No. 9. Are there any changes or corrections to any of the exhibits attached to the petition at this time? No. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date of your prepared testimony is filed? Yes. When did the City Gate CDD file its Petition. The Petition was filed with Collier County, Florida, in April, 2009. In response to this Petition, what action has Collier County taken? Collier County published a notice of the public hearing once a week for four consecutive weeks in the Naples Daily News. A copy of the proof of publication was submitted at the commencement of the hearing. Is the Naples Daily News a newspaper of general circulation in the City Gate CDD and Collier County? Yes, it is. Was this an ad published in the legal ads section of the paper or in some other location? It was published in the local section of the newspaper. Has the City Gate CDD received any other comments from the public or any other governmental agency? No. Approximately how large is the land area proposed to be the City Gate CDD? The land area proposed to be the City Gate CDD consists of approximately 25300 ~l~lfi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17. 18. f BD acres. Who are the owners of the proposed land to be included in the City Gate CDD who have given their consent as set forth in Exhibit "2" to the Petition? All of the land within and comprising the proposed City Gate CDD is owned in fee simple by 850 NWN, LLC and CG n, LLC, each of which is a Florida limited liability company. Both owners have given written consent to the establishment of the City Gate CDD, and a copy of the consent is attached to the Petition. Does this conclude your testimony? Yes. 0%101 a, BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA ST ATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO ESTABLISH CITY GATE COMMUNITY DEVELOPMENT DISTRICT / AFFIDAVIT ADOPTING WRITTEN. PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I, Gary Butler, of Butler Engineering, Inc., being tirst duly sworn, do hereby state for my affidavit as follows: I. I have personal knowledge of the matters set forth in this affidavit. 2. My name is Gary Butler, and I am a Registered Professional Engineer employed by Butler Engineering, Inc. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of the City Gate Community Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-tiled testimony orally at a hearing before the Board of County Commissioners of Collier County regarding the establishment of the City Gate Community Development District, my oral answers would be the same as the written answers presented in my pre-tiled testimony. Exhibit 6B Pre-tiled Testimony of Gary Butler ~8a 5. My credentials, experience and qualifications concerning my work with land development projects as a professional engineer are accurately set forth in my pre-tiled testimony. 6. My pre-tiled testimony generally addresses the nature of the services and facilities to be provided by the proposed City Gate Community Development District, the truth and accuracy of the Petition to establish the proposed District, and compliance with the factors to be considered in the establishment of a community development district. 7. My testimony has been revised to correct minor typographical and grammatical errors. Under penalties of perjury, [ declare that [ have read the foregoing and the facts alleged are true and correct to the best of my knowledge and be . f. Executed this. 7 day of April, 2009. /'1- SWORN TO and SUBSCRIBED before me by the Affiant, on this ~ day of April, 2009. NOTARY PUBJJC.STATE OF FLORIDA W Laura A. Zambelli Corr:mission # DD531645 ExpIres. ~IAR. 22, 2010 Bonded Thru Atl<inlic BonJi;,g Co., Inc. r;;4!~u~~ 4tu ra.. A. LClJY\. ~ d I i Name Personally Known V Type of identification produced 8D TESTIMONY OF GARY BUTLER. P.E. 1. Please state your name and business address. My name is J. Gary Butler, PE. My business address is 2223 Trade Center Way, Naples, Florida 34109. 2. By whom are you employed and in what capacity? I am currently employed as a professional engineer with Butler Engineering, Inc., and I am the President of Butler Engineering, Inc 3. And what is the nature of your firm's business? Butler Engineering, Inc. provides engineering, surveying/mapping, land planning and landscape design services to private and government clients directly and through the use of sub-consultants. 4. Please describe your experience and credentials, including your current employment. I am a Registered Professional Engineer in the State of Florida with 25 years of engineering experience. 5. Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attended. I graduated from University of South Florida with a Bachelor of Science Degree in Civil Engineering. 6. Do you hold any professional designations or certifications? I am a Professional Engineer in the State of Florida, P.E. #35479. 7. Are you a member of any professional associations? No. 8. Prior to your current employment, by whom were you employed and in what position? I was employed as a Professional Engineer for Wilson, Miller, Barton, Soli and Peek, Inc. for five years as an engineer. 9. Do you consider yourself an expert in civil engineering? Yes. 10. Please describe your experience with civil engineering relating to community development districts ("COOs") and special districts. a, I have provided engineering services for several COOs throughout my career, including Pelican Marsh COD and Lely COD. 11. Do you consider yourself an expert in civil engineering, capable of rendering expert opinions on COOs, and specifically on infrastructure for COD services? Yes 12. What has been your role with respect to the Petition to Establish ("Petition") City Gate community Development District ("City Gate COD)? My firm has provided civil engineering and consultation services to the proposed COD. 13. Are you familiar with the Petition filed to establish City Gate COD? I have reviewed the Petition and its attachments, and I am familiar with the materials. 14. Have you reviewed the contents ofthe Petition? Yes. 15. Are there any changes or corrections to the Petition at this time? No. 16. Are there any changes or corrections to any of the exhibits attached to the Petition at this time? No. 17. Are you generally familiar with the geographical areas, type, and scope of development and the available services and facilities within City Gate COD? Yes, I am familiar with the area within City Gate COD ("COD Area"). I am also familiar with the services and facilities available within City Gate COD. 18. Please provide us with a brief description of City Gate COD boundaries and location. The proposed City Gate COD is 252:t acres, as described by the sketch contained in the Petition It is located on the east side of Collier Boulevard, immediately north of the White Lake Industrial Park and about Y. mile north of Interstate 75. 19. Please describe Exhibit "1" (i.e., location map, sketch and metes and bounds legal description of the boundaries of District); "3A", (i.e., map of the proposed stormwater sewer interceptors and outfalls, map of proposed water mains and force mains) and -"38" (I.e. timetable and estimated costs of construction of District capital improvement program). aD~~M Exhibit 1 shows the location of the COD Area within Collier County, a sketch of the area, and a legal description of the lands to be included in the District. Exhibit 3A is a map prepared by Butler Engineering, Inc. showing the master water management plan, and the potable water and wastewater connections points where the potable water and wastewater facilities will connect to public water and wastewater utilities Exhibit 3B is a good faith estimate of the elements of the District capital improvement program, their estimated costs and a timetable of the construction dates. 20. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimony is filed? Yes. Let me ask you a few questions about certain opinions you may have based on your experience with COOs, civil engineering, real estate development, and the development of lands within City Gate COD in particular. 21. Based on your experience, do you have an opinion as to whether the proposed City Gate COD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes. 22. What is your opinion? Based on my previous experience and review of the Petition and exhibits thereto, the proposed City Gate COD is of sufficient size, compactness and contiguity to be developed as a functional interrelated community. 23. What is the basis for your opinion? The project is compact with land use typical of a planned community. The development of the land has been planned to be a functional interrelated community. 24. Based on your experience, do you have an opinion as to whether City Gate COD is the best alternative available to provide community development services and facilities to the area that will be served? Yes. 25. What is your opinion and the basis for it? City Gate COD is the best alternative to provide community development facilities to the area to be served. 26. Based on your experience, do you have an opinion as to whether the services and facilities to be provided by City Gate COD will be compatible with the uses and existing local and regional facilities and services? 8D'!! '1 Yes. 27. What is your opinion and the basis for it? City Gate COD's facilities and services within its boundaries will not duplicate any available regional services or facilities within City Gate COD. 28. Based on your experience, do you have an opinion as to whether the area to be included within City Gate COO is amenable to being served by a separate special district government? Yes, I do. It is my opinion that the area designated to be included in City Gate COD is amenable to continued existence as a separate special district government. 29, What is the basis for your opinions? It is clear that the lands in City Gate COD will continue to have the need for basic infrastructure. The land area for City Gate COD has been evaluated for sufficiency of size, compactness, and contiguity and meets those tests. Therefore, from a professional management perspective, the area to be served by City Gate COD is clearly amenable to separate special-district governance. The existing City Gate COD has the ability to provide facilities and services to the benefit of its owners and residents, and the size and compactness of the area will not be inconsistent with City Gate COD's ability to provide those services. 30. Turning now to the state and local comprehensive plan criteria of Section 190.005(1 )(e)2., do you have an opinion as to whether the establishment of City Gate COD is consistent with any applicable element or portion of the State Comprehensive Plan? Yes. 31. What is your opinion? It is my opinion that the establishment of City Gate COD is not inconsistent with any applicable element or portion of the state comprehensive plan. 32. What is the basis for that opinion? I have reviewed, from a planning perspective, the State Comprehensive Plan, particularly those portions which relate to COOs. The State of Florida Comprehensive Plan (Chapter 187, Florida Statutes) "provides long-range policy guidance for the orderly social, economic, and physical growth of the state" From a planning perspective, four subjects, subject 15, 20, 25 and 17 of the State Comprehensive Plan are relevant to the establishment of a COD. 33. What is Subject 15 and why is it relevant? 8D Subject 15, entitled land Use, recognizes the importance of locating development in areas that have the fiscal abilities and service capacity to accommodate growth. It is relevant because COOs are designed to provide infrastructure services and facilities in a fiscally responsible manner to the areas which can accommodate development. The establishment of City Gate COD will not be inconsistent with this goal because City Gate COD will have the fiscal capability to provide the specified services and facilities within its boundaries. The COD area is currently raw land without any development. At this time, the landowners intend to form one COD to provide the COD area with infrastructure and community services. 34. What is Subject 20 and why is it relevant? Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan provides that governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed City Gate COD will be consistent with this element because the proposed City Gate COD will continue to: (i) cooperate with other levels of Florida government (ii) be established under uniform general law standards as specified in Chapter 190, Florida Statutes; (iii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burden the general taxpayer with costs for services or facilities inside City Gate COD; and (v) plan and implement cost efficient solutions for the required public infrastructure and assure delivery of selected services to residents. 35. You also mention Subject 25. What is this and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the state, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. The proposed City Gate COD will be consistent with this element of the State Comprehensive Plan because: (i) the proposed City Gate COD will systematically plan for the construction, operation and maintenance of the public improvements and the community facilities authorized under Chapter 190, Florida Statutes, subject to and not inconsistent with the local government comprehensive plan and development regulations; (ii) City Gate COD meetings are publicly advertised and are open to the public so that all City Gate COD property owners and residents can be involved in planning for improvements; " aD (iii) Section 189415, Florida Statutes, requires City Gate COO to file and update public facilities reports with the County, which it may rely upon in any revisions to the local comprehensive plan. 36. Are there any other subjects within the State Comprehensive Plan which are relevant? Yes. Subject 17 entitled Public Facilities The applicable goal and policies of Subject 17 relate to (i) protecting investments in existing public facilities; (ii) providing financing for new facilities, (iii) allocating the costs of new public facilities on the basis of the benefits received by future residents; (iv) implementing innovative but fiscally sound techniques for financing public facilities and (v) identifying and using stable revenue sources for financing public facilities. 37. Do you have an opinion, as someone with expertise in planning, as to whether the establishment of City Gate COD is inconsistent with any applicable element or portion of the Collier County Comprehensive Plan? Yes. 38. What is that opinion? The establishment of City Gate COD is not inconsistent with any applicable element or portion of the collier County Comprehensive Plan. What is the basis for this opinion? Chapter 190, Florida Statutes, prohibits any community development district from acting in a way inconsistent with the local government's comprehensive plan, and the exercising of any power must be done with the comprehensive plan in mind. Thus, any activities of the COD must be in compliance with County procedures and the use of those powers granted to the COD does not make it inconsistent with the local Collier County Comprehensive Plan. I have examined the Future land Use Element (FLUE) of the Collier County Plan and the proposed land uses within the proposed COD are consistent with the authorized uses contained in the FLUE. 39. Does this conclude your testimony? Yes. 8D , BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO ESTABLISH THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT I AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I, G. Russell Weyer, being first duly sworn, do hereby state for my affidavit as follows: I. I have personal knowledge of the matters set forth in this affidavit. 2. My name is G. Russell Weyer and I am employed as a Senior Associate with Fishkind and Associates, Inc. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of City Gate Community Development District, and attached hereto, is true and correct. 4. If! were asked the questions contained in the pre-filed testimony orally at a hearing conducted by the Board of County Commissioners of Collier County concerning the establishment of the City Gate Community Development District, my oral answers would be the same as the written answers presented in my pre-filed testimony. Exhibit 6C Pre-filed Testimony of Russ Weycr 8D 5. My pre-filed testimony generally addresses the economic factors considered in the establishment of the proposed City Gate Community Development District, the truth and accuracy of the Petition to establish the proposed District, and the compliance of the Petition with the factors to be considered in the establishment of a community development district 6. My testimony has been revised to correct minor typographical and grammatical errors. Under penalties of peIjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this 3 (;,,[) day of April, 2009. SWORN TO and SUBSCRIBED before me by the Affiant, on this ~ day of April, 2009. :'........................111..............111. : C. LAURENT : i ~4~\l~'P.1',,,'i- Comm# 000689386 5 . $.11, -- . ! ~i., ..i~ Expires 6/2912011 i : >;'-:':;"~u#P"'tT.,f'. : : 'Jmlll\"'~ Flonda Notary Assn., Inc : .............~~..~"...u.U......II......I.II..; ':Z:-v-~ Notary Pub c State of Florida ( 14((1'7"/1./ Name Personally Known V or Type of identification produced 8D TESTIMONY OF RUSS WEYER 1. Please state your name and business address. My name is Russ Weyer. My business address is 1415 Panther Lane, Suite 248, Naples, Florida 34109. 2. By whom are you employed and in what capacity? I am Senior Associate with Fishkind & Associates, Inc. 3. And what is the nature of your firm's business? Fishkind & Associates, Inc. is an headquartered in Orlando, Florida. services to its clients: economic and financial consulting firm The firm provides four general types of . Economic studies including market feasibility research . Quarterly economic forecasts for the U.S., Florida and its major metro areas . Litigation support services including expert testimony . Financial Advisory services primarily for community development districts ("COD'") 4. Please describe your experience and credentials, including your current employment? I hold a M.B.A. in Finance and Real Estate and a B.A. in Communications. My real estate experience includes 13 years in various marketing and P&L positions Westinghouse Communities, Inc., in Naples, Florida. In 1997, I became President of the largest real estate development company in Northwest Ohio. I then became Vice President of Resort Operations at Lake Las Vegas in 1999. Lake Las Vegas is a 3,500-acre master planned community in Henderson, Nevada. In 2000, I moved back to Naples as President of Romanza Interior Design, a subsidiary of London Bay Homes. I started a real estate development consulting company in 200 I, consulting for a number of major developers in the Southwest Florida area. In 2003, I became Vice President of Development for JEO of Southwest Florida, a major commercial real estate developer. Then in September, 2004, I joined Fishkind & Associates as Senior Associate. At Fishkind & Associates. I am working on the formation and management of a number of community development districts around Florida in addition to working on a number of projects both public and private sector that require economic and fiscal analysis. 8D .j , 5. Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attached. In 1997, I obtained a Bachelor of Arts degree in Communications from Michigan State University in East Lansing, Michigan. Major areas of study included human behavior research, leadership. persuasion and non-verbal communication. In 1993, I acquired a Masters in Business Administration from the University of Miami, Coral Gables, Florida. My major areas of study were finance, real estate, economics and business law. 6. Do you hold any professional designations or certifications? Yes. I earned an Accredited Public Relations Professional with the Florida Public Relations Association in 1989. 7. Are you a member of any professional associations? Yes. I'm a full member of the Urban Land Institute (UU), a Washington, D.C.- based not for profit organization dedicated to providing responsible leadership in the use of land in order to enhance the total environment. I am also the past Chairman of UU's Southwest Florida District Council, which oversees all UU activities in the five-county region of Charlotte, Collier Hendry, Glades and Lee. 8. Prior to your current employment, by whom were you employed and in what position? I was employed by lED of Southwest Florida, Inc., as Vice President of Development. lED is a major Southwest Florida commercial and residential developer. 9. Have you previously worked with other CDD petitions? Have you previously prepared a Statement of Estimated Regulatory Costs ("SERC")? Yes, I have been involved with approximately 7 CDDs. and have prepared Statements of Estimated Regulatory Costs. 10. Have you ever been qualified as an expert in the preparation of such economic statements? Yes. Most recently, I was so qualified in the formation of the Downtown Doral Community Development District in Miami, Florida. 2 8"" ql 11. Please summarize your previous work experience relating to COOs and special districts in general. I serve as financial advisor to 5 COOs and my firm is Financial Advisor to over 50 COOs. As Financial Advisors to COOs, our firm has assisted clients in successfully financing more than 100 transactions, raising almost $3-Billion. Also, we maintain the lien books and file the tax rolls for 7 COOs and special districts. While with Westinghouse, I served as a Board Member on the Bayside Community Development District in Bonita Springs, Florida and was the developer's representative in the formation of the Pelican Marsh Community Development District in Naples, Florida. Finally, I have qualified and given testimony as an expert witness involving special assessments. 12. Where in Florida are the districts with which you have worked? Miami-Dade, Broward, Charlotte, Collier, and Lee Counties. 13. Please list the proceedings in which you have been qualified as an expert witness regarding the establishment (including contractions or additions to) of COOs, and the operation and management of COOs. I have qualified on more than 5 such occasions. The latest of these is related to the current formation of the Downtown Doral Community Development District in Miami, Florida. 14. 00 you consider yourself an expert in the operation and management of COOs? Yes. 15. 00 you consider yourself an expert in economic analysis and forecasting in general and regarding COOs? Yes. 16. Are you familiar with the geographical areas, type, and scope of development and the available services and facilities within the City Gate COO? Yes. I am familiar with the City Gate COD area. I am also familiar with the type and scope of development. and services and facilities available within the City Gate COD. 3 80 17. Please describe your involvement with the Petition to establish the boundaries of the City Gate CDD? I drafted the Statement of Estimated Regulatory Cost (SERC), and I have provided the COD team with expert COD consulting services involving the formation of the City Gate COD. 18. Are you familiar with the Petition filed to establish the City Gate CDD? Yes. 19. Have you reviewed the contents of the Petition and the exhibits? Yes. 20. Please generally describe each ofthe exhibits attached to the Petition. Petition Exhibit ., I"' is a location map, sketch and legal description of the City Gate COD. Petition Exhibit "1" is a Consent of Property Owners. Petition Exhibit "r includes (A) a map of the proposed water management plan, conceptual potable water plan and conceptual waste water plan. and (B) the proposed timetable and estimated costs of construction. Petition Exhibit "4" is the Master Site Plan for City Gate COD. Petition Exhibit "5"' is the Statement of Estimated Regulatory Costs. 21. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date of your prepared testimony is filed? Yes. 4 8D . \, ::;j 22. Why is City Gate COO petitioning for an ordinance to establish the City Gate COD? The COO Property is the best alternative available to deliver community development services to the area to be served. The COD will provide a governmental entity to provide community services and facilities in a manner that does not financially impact persons residing outside the COD, and will provide a responsible perpetual entity capable of making reasonable provisions for operation and maintenance of the COD's services and facilities in the future. The establishment of the COD will prevent the general body of tax payers in Collier County from bearing the burden for installation of the infrastructure and the maintenance of the above-described facilities within the development encompassed by the COD, and will be compatible with the capacity and uses of existing local and regional scrvices and facilities. Let me ask you a few questions about certain opinions you may have based on your experience in COD management, real estate development and the development of lands within the City Gate COD in particular. 23. Based on your experience in COD management, do you have an opinion as to whether the proposed City Gate COD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes. 24. What is your opinion? Based on my previous experience and my review of the exhibits to the Petition, the proposed City Gate COD is of sufficient size. compactness and contiguity to be developed as a functional interrelated community. 25. What is the basis for your opinion? The project is compact with land use typical of a planned commercial/light industrial project. The development of the land has been planned to be a functional interrelated project. 26. Based on your experience, do you have an opinion as to whether the City Gate COD is the best alternative available to provide community development services and facilities to the remaining area that will be served? Yes. 5 s', .'. 27. What is your opinion and the basis for it? The City Gate CDD is the best alternative to provide community development facilities to the area to be served. This is true for the landowners and the governmental entities for the following reasons: From the perspective of current and future property owners in City Gate CDD. the CDD is the best alternative lor providing community facilities, infrastructure, and services. The land development envisioned lor the area in the CDD will require substantial provision of infrastructure, facilities and services. The CDD is an alternative method to provide these necessary services. The CDD can access the tax-exempt public capital markets and thereby fund these facilities and services at a lower cost than the alternative of developer funding. Furthermore, unlike a homeowners association (HOA), the CDD has the power to assess property and collect those assessments along with other property taxes. Therefore, a CDD can fund large capital improvement programs that a HOA cannot. With regard to the operations and maintenance of community facilities and services, the CDD is also the best alternative. The CDD is preferable to an HOA or property owners association to future landowners for several reasons. First, unlike a HOA. the CDD collects funds for operations and maintenance directly from assessments collected along with all other property taxes, a more assured income stream. Unlike a HOA, a CDD is a unit of local government and it must hold its meetings in the sunshine and bid out its contracts. A CDD provides control to the landowners much sooner in time than a HOA. A CDD is focused on providing the community with services, facilities, and their maintenance in a way the general purpose government, with its competing interests and broad responsibilities, is not. This level of local control serves the best interests of property owners in the CDD. From the perspective of the State of Florida, Collier County, and the water management district, a CDD is the best alternative for providing community facilities and their operations and maintenance for a variety of reasons. First, as noted above. compared to an HOA, the CDD is a more powerful and more responsive organization for providing and for maintaining infrastructure and services. Second. with a CDD. the County would have to assume some responsibility for construction, operations. and maintenance of community facilities and serviccs. Even if the County formed a dependent district to provide community facilities and services to the area to be served by the CDD, and charged appropriately for these services, the County would be enmeshed in the responsibilities and in the management. Furthermore, without a CDD, the County cannot be assured that only residents of the area to be served by the CDD would bear the full costs of the needed facilities and services. 6 8D~ 28. Based on yonr experience, do you have an opinion as to whether the services and facilities to be provided by the City Gate COO will be compatible with the uses and existing local and regional facilities and services? Yes. 29. What is your opinion and the basis for it? The City Gate COD's facilities and services within the boundaries will not duplicate any available regional services or facilities within the City Gate COD. The COD will provide infrastructure services and facilities that do not overlap with those provided by others and are required under the development agreements governing the property. 30. Based on your experience, do you have an opinion as to whether the area to be included within the City Gate COD is amenable to being served by a separate special district government? Yes. I do. It is my opinion that the area designated to be included in the City Gate COD is amenable to existence as a separate special district government. 31. What is the basis for your opinions? It is clear that the lands in the City Gate COD will continue to have the need for basic infrastructure. The land area for the City Gate COD has previously been evaluated for sufficiency of size, compactness, and contiguity and meets those tests. Therefore, from a professional management perspective, the area to be served by the proposed boundaries of the City Gate COD is clearly amenable to separate special-distinct governance. The City Gate COD has been shown the ability to provide facilities and services to the benefit of its owners and residents, and the size and compactness of the area will not be inconsistent with the City Gate CDO's capability to provide those servIces. Turning to the economic exhibits and opinions, we will begin addressing portions of the Petition to Establish the City Gate COD boundaries that relate to certain economic analysis matters, including the exhibits, and your expert opinions on economic analysis issues. 32. Are you familiar with Petition Exhibit "5'''! Yes, I am. It is the SERC (Statement of Regulatory Costs) required by Chapters 190 and 120, Florida Statutes. 7 8Dl 33. How are you familiar with it? I prepared the SERC in accordance with the statutory requirements. 34. Are there any corrections that need to be made? No. This exhibit is true and correct. 35. In general terms, please summarize the economic analysis you have presented in the SERe. First, the boundaries of City Gate COO will have no cost impact on State, County, or City government beyond the processing of the Petition. The processing costs are modest and will largely be offset by the filing fees charged for the formation of COOs. Second, the boundaries will have no negative economic impact on future landowners within the COD boundaries. Third, the COD will not have any impact on small businesses. 36. Please describe briefly the data and methodology you used in preparing the SERC and related analysis. The data for the analysis came from the landowner, other experts working on the Petition, and from the Petition itself. The methodology is a standard economic impact assessment. 37. Turning now to the state and local comprehensive plan criteria of Section I90.005(1)(e)2, do you have an opinion as to whether the establishment ofthe City Gate CDD is inconsistent with any applicable element or portion of the State Comprehensive Plan? Yes. 38. What is your opinion? It is my opinion that the establishment of the City Gate COD is not inconsistent with any applicable element or portion of the state comprehensive plan. 39. What is the basis for that opinion? I have reviewed, from a planning perspective. the State Comprehensive Plan, particularly those portions which relate to COOs. The State of Florida Comprehensive Plan (Chapter 187, Florida Statutes) "provides long-range policy guidance for the orderly social, economic, and physical growth of the state:' From a planning perspective, four subjects. subject 15.20. 25, and 17 of the State Comprehensive Plan are relevant to the establishment of a COD. 8 BD ;! 40. What is Subject 15 and why is it relevant? Subject 15. entitled Land Use, recognizes the importance of locating development in areas that have the fiscal abilities and service capacity to accommodate growth. It is relevant because CDDs are designed to provide infrastructure services and facilities in a fiscally rcsponsible manner to the areas which can accommodate development. The City Gate CDD will not be inconsistent with this goal because the City Gate CDD will have the fiscal capability to provide the specified services and facilities within its boundaries. The proposed COD is currently raw land without any development, and the undeveloped land owned and/or to be acquired by the developer will be under the jurisdiction of the City Gate CDD. 41. What is Subject 20 and why is it relevant? Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan, provides that governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed City Gate COD will be consistent with this element because the COD will continue to: (i) cooperate with other levels of Florida government; (ii) be established under uniform general law standards as specified in Chapter 190. Florida Statutes; (iii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burden the general taxpayer with costs for services or facilities inside the City Gate COD; and (v) plan and implement cost efTicient solutions tor the required public infrastructure and assure delivery of selected services to residents. 9 8' 42. You also mentioned Subject 25. What is this and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the State, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. The proposed City Gate COO will be consistent with this element of the State Comprehensive Plan because: (i) the proposed City Gate COD will systematically plan for the construction, operation and maintenance of the public improvements and the community facilities authorized under Chapter 190, Florida Statutes, subject to and not inconsistent with the local government comprehensive plan and development regulations; (ii) the City Gate COD's meetings will be publicly advertised and are open to the public so that all City Gate COD land owners can be involved in planning for improvements; (iii) Section 189.415, Florida Statutes, requires the City Gate COD to file and update public facilities reports with the County, which it may rely upon in any revisions to the local comprehensive plan. (iv) The City Gate COD will be able to coordinate the provision of facilities and services within the City Gate COD. 43. Are there any other subjects within the State Comprehensive Plan which are relevant? Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of Subject 17 relate to (i) protecting investments in existing public facilities; (ii) providing financing for new facilities, (iii) allocating the costs of new public facilities on the basis of the benefits received by future residents; (iv) implementing innovative but fiscally sound techniques for financing public facilities; and (v) identifying and using stable revenue sources for financing public facilities. 44. Do you have an opinion, as someone with expertise in planning, as to whether the establishment of the City Gate CDD is inconsistent with any applicable element or portion ofthe Collier County Comprehensive Plan? Yes. 10 45. What is that opinion? The establishment of the City Gate CDD is not inconsistent with any applicable element or portion of the Collier County Comprehensive Plan. 46. Does this conclude your testimony? Yes. 11 8D":. "