Agenda 07/14/2020 Item #17D (Ordinance - Establish the Tamarindo CDD)07/14/2020
EXECUTIVE SUMMARY
Recommendation to consider adoption of an Ordinance establishing the Tamarindo Community
Development District (CDD) pursuant to Section 190.005(2), Florida Statutes.
OBJECTIVE: For the Board of County Commissioners (Board) to review and consider a petition for the
establishment of the Tamarindo CDD by adoption of an ordinance.
CONSIDERATIONS: The Rockedge Residential Planned Unit Development (RPUD) Ordinance, was
approved by Collier County on February 9, 2016, per Ordinance No. 2016-03 and encompasses the entire
land area of the proposed Tamarindo CDD. The proposed District is located near the Northeast corner of
the Intersection of Sabal Palm Road and Collier Boulevard (C.R. 951) in Section 23, Township 50 South,
Range 26 East, consisting of 106.44+ acres of land. A map showing the location of the land area to be
serviced by the District including the metes and bounds legal description of the proposed CDD appears as
Exhibit "1A" to the petition, and is provided as "Attachment 1" to this Executive Summary, and is also
attached as Exhibit "A" to the proposed CDD Ordinance.
On April 9, 2020, Tucker F. Mackie, P.A. of Hopping Green and Sam's, on behalf of DR Horton, Inc., a
Delaware Corporation (the "Petitioner"), submitted a petition to the Growth Management Department,
Zoning Division, Comprehensive Planning Section, requesting the establishment of the Tamarindo
Community Development District, in order to manage and finance certain basic infrastructure for the
benefit of the landowners and residents of the Rockedge RPUD. The statutorily required $15,000
application fee was submitted with the petition.
The proposed CDD includes an area planned for approximately 251 residential units and amenities on the
106.44+ acres. As of the date of the first of four advertisements required for the establishment of this
CDD, no PUD amendment petition for this project has been filed with Collier County.
By adopting the Ordinance and granting the petition, the Board would authorize the District, through its
Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners
and residents of the Tamarindo Development. This infrastructure, under section 190.012(1), Florida
Statutes, includes basic urban systems, facilities, and services, including water supply, sewers, and
wastewater management, surface water control and management (drainage), and roads, bridges, and
streetlights. If adopted this Ordinance would consent to the further exercise of certain add itional special
powers authorized by Section 190.012(2), Florida Statutes, to plan, establish, acquire, construct,
reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for a) parks and facilities
for indoor and outdoor recreational, cultural and educational uses; and b) security, including, but not
limited to, guard-houses, fences and gates, electronic intrusion-detection systems, and patrol cars,
provided however that the District may not exercise any police power, but may contract with the
appropriate local general-purpose government agencies for an increased level of such services within the
District boundaries.
*The Petitioner shall commit to providing disclosure to purchasers, acknowledging the CDD may levy
and impose special assessment. The final assessment amounts will be market-driven, and will be based
on market acceptance, the amount of bonds ultimately issued, and the amount of the bonds paid down by
the developer at closings. No exact amounts are determinable at this time, and will not be until the bonds
are issued, as much as a year or more after the District is established.
The District Board of Supervisors is initially elected in a property -based election (one-acre, one-vote),
which has been specifically ruled constitutional (State of Florida v. Frontier Acres Community
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Development Dist., 472 So. 2d 455 (Fla. 1985)). By operation of law, after six (6) years of duration and
at least 250 registered electors residing within the District, the Supervisors are elect ed on a one-person,
one-vote basis by such registered electors.
In order to provide the basic systems, facilities, and services, the District has certain management and
financing powers. It may only exercise those powers, however, if they comply with certain strict and
detailed procedural requirements including ethics in government, disclosure, conflict of interest
requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting
requirements to various local and state agencies, consultants' competitive negotiation procedures,
competitive bidding procedures, and others.
To provide these systems, facilities, and services, the District also is given certain eminent domain powers
within tight constraints, as well as the authority to require service charges, fees, or taxes for the various
services rendered, ranging from installation of capital facilities to long-term maintenance and repair.
Without the County's consent, the aforementioned eminent domain power is limited to the bou ndaries of
the District.
Accordingly, if Collier County adopts the Ordinance, then it establishes the Tamarindo Community
Development District as a management tool to benefit both Collier County's existing and future
landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision
without burdening the existing taxpayers and financial structure of Collier County. In addition, the
District is also a financing tool, off the balance sheet of the County and the developer. It will provide
long-range and sustained quality service to initial and subsequent landowners without burdening Collier
County and its taxpayers.
Finally, such a District may not outlive its practical utility and usefulness. If at any time during it s
existence Collier County determines by a non-emergency ordinance that it can provide any one of the
District services in a more economical manner, over the long term, at a lower cost but with higher quality,
Collier County may then take that service away from the District and provide the service itself.
Additionally, within five (5) years after the effective date of the Ordinance establishing the District, if a
landowner has not received a development permit as defined in Chapter 380, Florida Statutes, on some
part or all of the area encompassed by the District, it will automatically be disbanded by state law. Also,
if the District becomes inactive pursuant to section 189.062, Florida Statutes, Collier County shall be
informed of such occurrence and shall take appropriate action, which may include the dissolution of the
District. Finally, if the District has no outstanding financial obligations and no operating or maintenance
responsibilities, upon petition of the District, Collier County may determine b y a non-emergency
ordinance to dissolve the District.
Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a
CDD of less than 1,000 acres shall be by county ordinance. Section 190.005, Florida Statutes outlines the
specific content required in the petition and further outlines six (6) factors for the Board of County
Commissioners to consider in determining whether to grant or deny a petition for the establishment of a
CDD, as follows:
1. Whether all statements contained within the petition have been found to be true and correct.
2. Whether the creation of the District is inconsistent with any applicable element or portion
of the state comprehensive plan or of the effective local government comprehensive plan.
3. Whether 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. Whether the District is the best alternative available for delivering community development
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services and facilities to the area that will be served by the District.
5. Whether the community development services and facilities of the District will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the District is amenable to separate special -District
government.
County legal and planning staff have reviewed the petition and exhibits submitted by the Petitioner
(attached) relative to these six (6) factors and have found the proposed Tamarindo CDD petition to be
compliant with each of the review factors. Staff analysis relative to the six factors can be found in
Attachment 2.
FISCAL IMPACT: Exhibit "9" of the petition, "Statement of Estimated Regulatory Costs for Tamarindo
Community Development District," delineates the fiscal impacts and timing of impacts to be managed by
the District. It is noteworthy that the estimated internal infrastructure and services to be financed by the
CDD is $4,110,788.30 consisting of roadway and utilities construction, earthwork and construction of the
water management system, and design and permitting work.
DISTRICT RESPONSIBILITIES: According to the petition, if the Ordinance is adopted, the
Tamarindo Community Development District will assume responsibility for the construction of the
following: wastewater collection systems, potable water distribution systems, stormwater drainage
systems, perimeter landscaping, and irrigation improvements and preserve exotics removal.
"SECTION SEVEN" PETITIONER’S COMMITMENTS: The adoption of this Ordinance is
predicated upon the material inducements contained in the foregoing Recital setting forth Petitioner’s
Commitments, re-stated as follows: that the Petitioner, its successors and assigns, shall (1) elect one
resident of the District to the five-member Board of Supervisors at such time as residents begin occupying
homes 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 and remedi es
available at law and in equity to enforce Petitioner’s Commitments against Petitioner, its successors, and
assigns.
GROWTH MANAGEMENT IMPACT: The 106.44+ acres of the Tamarindo CDD are designated
Urban Mixed-Use District, Urban Residential Fringe Subdistrict, as depicted on the Collier County Future
Land Use Map. Although the establishment of this District does not constitute any development
approval, the plan of development previously approved for the subject property (Rockedge Residential
Planned Unit Development) has been determined to be consistent with the Collier County Growth
Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be
subsequently reviewed at the time of submittal and will be subject to the requirements and limitations
specified in the Collier County Land Development Code (LDC) and will be required to be consistent with
the GMP in effect at that time.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires a majority vote for Board approval. -JAK
RECOMMENDATION: Staff recommends that the Board of County Commissioners consider adoption
and enactment of the proposed Ordinance establishing the Tamarindo Community Development District.
Prepared by Marcia R. Kendall, Senior Planner, Growth Management Department, Zoning Division,
Comprehensive Planning Section
ATTACHMENT(S)
1. Letter_of_Purpose_Regarding_Tamarindo (PDF)
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2. Petition to Establish Tamarindo CDD (aka Rockedge) (PDF)
3. Exhibit 1A Legal Description (PDF)
4. Exhibit 1B Location Map (PDF)
5. Exhibit 2A Consent of Land Owners (PDF)
6. Exhibit 2B Warranty Deeds (PDF)
7. Exhibit 3 Proposed Water, Sanitary, Storm Systems (PDF)
8. Exhibit 4A Estimated Timetable (PDF)
9. Exhibit 4B Construction Cost Estimate (PDF)
10. Exhibit 5 Perimeter Buffer (PDF)
11. Exhibit 6 Preserve (PDF)
12. Exhibit 7 FLUCCS Map (PDF)
13. Exhibit 8 Future Land Use Map (PDF)
14. Exhibit 9 Statement of Estimated Regulatory Costs (PDF)
15. Exhibit 10 Proposed Ordinance (PDF)
16. Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (PDF)
17. Affidavit__Pre-filed_Testimony_of_Manager_Tamarindo (PDF)
18. Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (PDF)
19. Ordinance_Estasblishing_District_Tamarindo_FNL (PDF)
20. Affidavit_of_Publication_Tamarindo_Hearing_(Ads_1_-_3)_ (PDF)
21. 1 Ad remaining upload 7/07/20 (TXT)
22. Affidavit_of_Publication_of_Notice_of_Establishment_Hearing_(Ad_4)_(07_07_20)_-
_Tamarindo (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 12394
Item Summary: Recommendation to consider adoption of an Ordinance establishing the
Tamarindo Community Development District (CDD) pursuant to Section 190.005(2), Florida Statutes.
Meeting Date: 07/14/2020
Prepared by:
Title: Planner, Senior – Zoning
Name: Marcia R Kendall
06/09/2020 7:31 AM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
06/09/2020 7:31 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/09/2020 4:27 PM
Growth Management Department James C French Deputy Department Head Review Completed 06/09/2020 8:36 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/10/2020 4:55 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/10/2020 5:06 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2020 4:18 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/23/2020 4:20 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/06/2020 3:23 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM
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Post Office Box 6526 Tallahassee, Florida 32314 119 South Monroe Street, Suite 300 (32301) 850.222.7500 850.224.8551 fax www.hgslaw.com
April 20, 2020
Via Overnight Delivery
Marcia Kendall, Senior Planner
Collier County Growth Management Department
Comprehensive Planning
2800 North Horseshoe Drive
Naples, Florida 34104
Re: Petition to Establish the Tamarindo Community Development District
Letter of Purpose
Dear Ms. Kendall:
On April 10, 2020, D.R. Horton, Inc. (“Petitioner”) filed the Petition to Establish
(“Petition”) the Tamarindo Community Development District (“Proposed District”). The
Proposed District contains approximately 106.44 acres and is located in unincorporated Collier
County, as described in the Petition.
Pursuant to Section 190.005(1)(e), Florida Statutes, the property within the Proposed
District meets the following criteria:
a. Establishment of the Proposed District and all land uses and services planned
within the Proposed District are not inconsistent with applicable elements or
portions of the effective State Comprehensive Plan or the Collier County
Comprehensive Plan.
b. The area of land within the Proposed District is part of a planned community. It
is of sufficient size and is sufficiently compact and contiguous to be developed
as one functional and interrelated community.
c. The establishment of the Proposed District will prevent the general body of
taxpayers in Collier County from bearing the burden for installation of the
infrastructure and the maintenance of certain facilities within the development
encompassed by the proposed development services and facilities to the
proposed community without imposing an additional burden on the general
population of the local general-purpose government. Establishment of the
Proposed District in conjunction with a comprehensively planned community, as
proposed, allows for a more efficient use of resources.
d. The community development services and facilities of the Proposed District will
not be incompatible with the capacity and use of existing local and regional
community development services and facilities. In addition, the establishment of
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Packet Pg. 3348 Attachment: Letter_of_Purpose_Regarding_Tamarindo (12394 : Tamarindo Community Development District)
the Proposed District will provide a perpetual entity capable of making
reasonable provisions for the operation and maintenance of the Proposed
District’s services and facilities.
e. The area to be served by the Proposed District is amenable to separate special-
district government.
If you have any questions, or if you need any further information, please do not hesitate
to contact me.
Sincerely,
Tucker F. Mackie
Enclosures
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Packet Pg. 3349 Attachment: Letter_of_Purpose_Regarding_Tamarindo (12394 : Tamarindo Community Development District)
PETITION BY
DR HORTON, INC.
FOR THE
ESTABLISHMENT OF THE
TAMARINDO
COMMUNITY DEVELOPMENT DISTRICT
IN
COLLIER COUNTY, FLORIDA
March 31, 2020
17.D.b
Packet Pg. 3350 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District)
PETITION FOR ESTABLISHMENT OF THE TAMARINDO
COMMUNITY DEVELOPMENT DISTRICT
TABLE OF CONTENTS
Petition for establishment of the Tamarindo Community Development
District
Exhibit 1A Metes and bounds description of the Tamarindo Community Development
District
Exhibit 1B Location map of the Tamarindo Community Development District
Exhibit 2A Consent of Landowners of the establishment of the Tamarindo Community
Development District
Exhibit 2B Warranty deeds for the real property to be included in the Tamarindo
Community Development District
Exhibit 3 Maps of the Tamarindo Community Development District showing current
and proposed major trunk water mains, sewer interceptors and outfalls and
proposed storm sewer system
Exhibit 4A Estimated infrastructure construction timetable
Exhibit 4B Construction cost estimates
Exhibit 5 Map of the Tamarindo Community Development District showing proposed
perimeter buffers
Exhibit 6 Map of the Tamarindo Community Development District showing proposed
preserve areas
Exhibit 7 Map of the Tamarindo Community Development District showing the
Florida Land Use, Cover and Forms Classification System (FLUCFCS) and
Wetland Map
Exhibit 8 Future land use map
Exhibit 9 Statement of Estimated Regulatory Costs
Exhibit 10 Proposed ordinance
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Packet Pg. 3351 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District)
PETITION FOR ESTABLISHMENT OF THE TAMARINDO COMMUNITY
DEVELOPMENT DISTRICT
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Packet Pg. 3352 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District)
1
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
IN RE: AN ORDINANCE TO ESTABLISH )
THE TAMARINDO )
COMMUNITY DEVELOPMENT DISTRICT )
PETITION
DR Horton, Inc., a Delaware Corporation, (the "Petitioner"), hereby petitions the Board
of County Commissioners of Collier County, Florida pursuant to the "Uniform Community
Development District Act of 1980", Chapter 190, Florida Statutes (the "Act") to adopt an
ordinance establishing a Community Development District (the "District") on the property
described herein. In support of the Petition, Petitioner states:
1. The proposed District is located entirely within the boundaries of unincorporated
Collier County, Florida and covers approximately 106.44 +/- acres of land. Exhibit 1A provides
the metes and bounds description of the external boundaries of the District. As illustrated in
Exhibit 1B, the real property within the boundaries of the proposed District is generally located
west of Tamiami Trail E, east of Collier Boulevard, north of Sabal Palm Road and south of Johns
Road. There is no real property within the proposed external boundaries of the District that is
excluded from the District.
2. Attached to this Petition as Exhibit 2A and made a part hereof are the written
consent forms to the establishment of the District by the owners of 100% of the real property to
be included in the District. Exhibit 2B contains the warranty deeds for the real property to be
included in the District.
3. The five persons designated to serve as initial members of the Board of
Supervisors of the proposed District are as follows:
1. James Ratz
10541 Ben C Pratt Six Mile
Cypress Pkwy.
Fort Myers, FL 33966
2. Ashley Koza
10541 Ben C Pratt Six Mile
Cypress Pkwy.
Fort Myers, FL 33966
3. Rebecca Sarver
10541 Ben C Pratt Six Mile
Cypress Pkwy.
Fort Myers, FL 33966
4. J. Wayne Everett
10541 Ben C Pratt Six Mile
Cypress Pkwy.
Fort Myers, FL 33966
5. Landon Thomas
10541 Ben C Pratt Six Mile
Cypress Pkwy.
Fort Myers, FL 33966
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Packet Pg. 3353 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District)
2
All of the initial supervisors are residents of the State of Florida and citizens of the United States
of America.
4. The proposed name of the District to be established is the Tamarindo Community
Development District (the "District").
5. Exhibit 3 is the map of the District showing existing major trunk water mains,
sewer interceptors and outfalls and proposed storm sewer system.
6. The proposed timetable for the construction of the proposed improvements is
shown in Exhibit 4A. The estimated cost of constructing the proposed public improvements is
shown in Exhibit 4B. The information presented in both exhibits are good faith estimates and
are not binding on the Petitioner or the District and are subject to change.
7. Exhibit 5 is a Map of the proposed District showing proposed perimeter buffers.
8. Exhibit 6 is a Map of the proposed District showing proposed preserve areas.
9. Exhibit 7 is a Map of the proposed District showing the Map of the Tamarindo
Community Development District showing Florida Land Use, Cover and Forms Classification
System (FLUCFCS) and Wetland Map.
10. The proposed future general distribution, location, and extent of the public and
private land uses within the District, as designated on the current Collier County Future Land
Use Map is also attached hereto and incorporated with this Petition as Exhibit 8. The land within
the proposed District is anticipated to be developed with a total of approximately 251 residential
dwelling units, although development plans are preliminary and subject to change. The
Petitioner intends that the District will finance wastewater collection, potable water distribution,
storm water drainage, perimeter landscaping and irrigation, and preserve exotics removal
(collectively, the "Public Improvements"). Upon completion, wastewater collection and potable
water distribution will be dedicated to Collier County for ownership, operation and maintenance.
11. Exhibit 9 is a Statement of Estimated Regulatory Costs prepared in accordance
with the requirements of Section 120.541, Florida Statutes.
12. Exhibit 10 is a proposed form of ordinance to establish the Tamarindo
Community Development District.
13. Copies of all correspondence and official notices should be sent to: (1) Jere
Earlywine, c/o Hopping Green & Sams, P.A., 119 South Monroe Street, Suite 300, Tallahassee,
FL 32301, Ph. (850) 222-7500; and also, (2) Craig A. Wrathell, c/o Wrathell, Hunt and
Associates, LLC, 2300 Glades Road, Suite 410W, Boca Raton, FL 33431, Ph. (561) 571-0010.
14. The property within the proposed District is amenable to operating as an
independent special district for the following reasons:
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Packet Pg. 3354 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District)
3
(a) Establishment of the District and all land uses and services planned within the
proposed District are not inconsistent with applicable elements or portions of the effective
Collier County Comprehensive Plan, as amended or any applicable elements or portions of the
state comprehensive plan.
(b) The land within the boundaries of the proposed District is of sufficient size and is
sufficiently compact and contiguous to be developed as one functional interrelated community.
(c) The community development services of the District will be compatible with the
capacity and use of existing local and regional community development services and facilities.
(d) The proposed District will be the best alternative available for delivering
community development services to the area to be served because (i) the District provides a
governmental entity responsible for delivering those services and facilities in a manner that does
not financially impact persons residing outside the District, (ii) the Act authorizes a community
development district to acquire infrastructure improvements previously constructed by qualified
developers within the District or allows for a community development district to, in the first
instance, construct such infrastructure improvements, (iii) the timing for the establishment of the
proposed District and the issuance of special assessment bonds is compatible with the timing for
the construction and acquisition of such infrastructure improvements which results in direct
benefit to the landowners within the District, (iv) establishment of a community development
district in conjunction with a comprehensively planned community, as proposed, allows for a
more efficient use of resources as well as providing the opportunity for new growth to pay for
itself, and (v) establishment of the District will provide a perpetual entity capable of making
reasonable provisions for the operation and maintenance of many of the District services and
facilities.
(e) The area that will be served by the proposed District is amenable to separate
special-district government.
15. The Petitioner hereby requests that the County consents to the proposed District
having the rights to exercise the powers provided in Sections 190.012(2)(a) and 190.012(2)(d),
Florida Statutes.
16. The Petitioner undertakes on behalf of the District that the District will provide
full disclosure of information relating to the public financing and maintenance of improvements
to real property to be undertaken by the District as required by Section 190.009 and Section
190.048, Florida Statutes, as amended.
[Remainder of page intentionally left blank]
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Packet Pg. 3355 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District)
17.D.b
Packet Pg. 3356 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District)
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Packet Pg. 3357 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District)
EXHIBIT 1A
METES AND BOUNDS DESCRIPTION OF THE TAMARINDO COMMUNITY
DEVELOPMENT DISTRICT
17.D.c
Packet Pg. 3358 Attachment: Exhibit 1A Legal Description (12394 : Tamarindo Community Development District)
DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; THENCE N89°01'58"E FOR 664.25 FEET ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 23 TO AN INTERSECTION WITH THE WEST LINE OF TRACT "F1" OF THE PLAT OF
ESPLANADE AT HACIENDA LAKES AS RECORDED IN PLAT BOOK 55, PAGE 1, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE S01°14'38"W FOR 675.75 FEET ON SAID WEST LINE OF TRACT "F1" TO THE SOUTHWEST
CORNER OF SAID TRACT “F1”;
THENCE S01°14'14"W ON THE EAST LINE OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST
QUARTER (NW-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF SAID SECTION 23 FOR 675.73 FEET TO
THE SOUTHEAST CORNER OF SAID FRACTION;
THENCE S89°42'08"W ON THE SOUTH LINE OF SAID FRACTION FOR 662.30 FEET TO AN INTERSECTION
WITH EAST LINE OF A PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 4466, PAGE 3476,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE EAST AND SOUTH LINES OF SAID
PARCEL:
1. S01°09'56"W FOR 617.91 FEET;
2. N89°34'54"W FOR 300.19 FEET;
3. S01°09'09"W FOR 435.95 FEET;
4. N89°34'09"W FOR 150.16 FEET;
5. N89°38'05"W FOR 210.56 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF
(E-1/2) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID
SECTION 23;
THENCE N01°05'19"E ON SAID WEST LINE FOR 43.72 FEET TO AN INTERSECTION WITH THE NORTH LINE
OF THE SOUTH HALF (S-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHEAST QUARTER (SE-
1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N89°48'02"W ON SAID NORTH LINE FOR 15.00 FEET TO AN INTERSECTION WITH THE EAST LINE
OF PARCEL 1 AS RECORDED IN OFFICIAL RECORDS BOOK 4970, PAGE 3362, SAID PUBLIC RECORDS;
THENCE THE FOLLOWING FOUR BEARINGS AND DISTANCES ON THE SOUTH, WEST AND NORTH LINES OF
SAID PARCEL 1:
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Packet Pg. 3359 Attachment: Exhibit 1A Legal Description (12394 : Tamarindo Community Development District)
1. S01°05'19"W ON SAID EAST LINE FOR 303.80 FEET;
2. N89°37'28"W FOR 645.47 FEET;
3. N01°01'07"E FOR 302.01 FEET
4. S89°47'35"E FOR 30.00 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL OF
LAND RECORDED IN IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, SAID PUBLIC RECORDS;
THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE WEST LINE OF SAID PARCEL:
1. N01°01'01"E FOR 218.98 FEET;
2. N52°35'40"E FOR 646.23 FEET;
3. N40°29'08"W FOR 30.05 FEET;
4. N49°40'54"E FOR 22.10 FEET;
5. THENCE N36°22'15"E FOR 436.44 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE
NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S89°42'08"W ON SAID SOUTH LINE FOR 785.71 FEET TO THE SOUTHWEST CORNER OF THE
NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N01°01'01"E FOR 332.01 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE-
1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S89°32'04"W FOR 994.18 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER
(SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER
(SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N89°42'08"E FOR 331.15 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE-
1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S00°56'29"W FOR 660.13 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE-
1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N89°57'42"W FOR 330.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
(SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
(NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
17.D.c
Packet Pg. 3360 Attachment: Exhibit 1A Legal Description (12394 : Tamarindo Community Development District)
THENCE N89°47'35"W ON THE SOUTH LINE OF SAID FRACTION FOR 230.44 FEET TO AN INTERSECTION
WITH A LINE 100 FEET EAST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE WEST
LINE OF SAID SECTION 23;
THENCE N00°51'53"E ON SAID PARALLEL LINE FOR 1642.03 FEET TO AN INTERSECTION WITH THE
NORTH LINE OF THE NORTHWEST QUARTER (NW-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N89°22'01"E FOR 894.88 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER
(NE-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N00°58'45"E FOR 662.08 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST (NE-1/4) OF
THE NORTHEAST QUARTER (NE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST
QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N89°01'58"E FOR 996.40 FEET TO THE NORTHWEST CORNER OF THE EAST HALF (E-1/2) OF THE
NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S01°05'30"W ON THE WEST LINE OF SAID FRACTION FOR 328.19 FEET TO AN INTERSECTION
WITH A LINE 328.19 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE
NORTH LINE OF SAID FRACTION;
THENCE N89°01'53"E ON SAID PARALLEL LINE FOR 663.85 FEET TO AN INTERSECTION WITH THE EAST
LINE OF THE EAST HALF (E-1/4) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER
(SW-1/4) OF SAID SECTION 23;
THENCE N01°10'38"E ON SAID EAST LINE FOR 328.19 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 106.44 ACRES, MORE OR LESS.
LESS THAT PART OF THE ABOVE DESCRIBED PROPERTY CONTAINED IN DEED RECORDED IN O.R. BOOK
321, PAGE 259, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF THE SOUTHEAST QUARTER
OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO BEAR NORTH 89°01'58" EAST.
17.D.c
Packet Pg. 3361 Attachment: Exhibit 1A Legal Description (12394 : Tamarindo Community Development District)
EXHIBIT 1B
LOCATION MAP OF THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
17.D.d
Packet Pg. 3362 Attachment: Exhibit 1B Location Map (12394 : Tamarindo Community Development District)
Feet
0 500 1000
SCALE:
RGE:TWP:SEC:
DATE:
TITLE:
CLIENT:
DRAWN BY:
DESIGNED BY:
PROJECT SHEET FILE
NUMBER:NUMBER:NUMBER:OF
6610 Willow Park Drive, Suite 200 | Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization EB 7663 LB 6952
March 11, 2020 1:53 PM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg
TAMARINDO CDD
EXHIBIT 1B
03/20
1" = 1000'
SCB
KMW
23 50S 26E
120030.02.04 1 1 TAMARINDO CDD
CDD BOUNDARY
SABAL PALM ROADCOLLIER BOULEVARDVERONA WALK
RESIDENTIAL
NURSERY
NAPLES RV RESORT
LELY ELEMENTARY SCHOOL
PHYSICIANS REGIONAL
HACIENDA LAKES
LOCATION
MAP
LELY RESORT
LOCATION MAP
17.D.d
Packet Pg. 3363 Attachment: Exhibit 1B Location Map (12394 : Tamarindo Community Development District)
EXHIBIT 2A
CONSENT OF LANDOWNERS
TO THE ESTABLISMENT OF
THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
The land described in Exhibit 1 to this Petition comprises 100% of the real property proposed to
be included within the boundaries of the Tamarindo Community Development District. Such
land is depicted graphically in Exhibit 1 to this Petition and the specific parcels to be included
within the boundaries of the proposed Tamarindo Community Development District are as
follows:
Parcel Number OWNER MAILING ADDRESS
00433160009 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00433800000 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00436800104 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00436800201 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00436800308 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00434840001 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00433040006 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00436760008 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00436440001 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00436600003 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00433480006 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00436360000 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00436520002 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00435400000 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
17.D.e
Packet Pg. 3364 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District)
Parcel Number OWNER MAILING ADDRESS
00433120007 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
00433880004 Watermen At Rock Edge
Naples, LLC
265 Sevilla Avenue
Coral Gables, FL 33134
17.D.e
Packet Pg. 3365 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District)
17.D.e
Packet Pg. 3366 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District)
17.D.e
Packet Pg. 3367 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District)
DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; THENCE N89°01'58"E FOR 664.25 FEET ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 23 TO AN INTERSECTION WITH THE WEST LINE OF TRACT "F1" OF THE PLAT OF
ESPLANADE AT HACIENDA LAKES AS RECORDED IN PLAT BOOK 55, PAGE 1, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE S01°14'38"W FOR 675.75 FEET ON SAID WEST LINE OF TRACT "F1" TO THE SOUTHWEST
CORNER OF SAID TRACT “F1”;
THENCE S01°14'14"W ON THE EAST LINE OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST
QUARTER (NW-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF SAID SECTION 23 FOR 675.73 FEET TO
THE SOUTHEAST CORNER OF SAID FRACTION;
THENCE S89°42'08"W ON THE SOUTH LINE OF SAID FRACTION FOR 662.30 FEET TO AN INTERSECTION
WITH EAST LINE OF A PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 4466, PAGE 3476,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE EAST AND SOUTH LINES OF SAID
PARCEL:
1. S01°09'56"W FOR 617.91 FEET;
2. N89°34'54"W FOR 300.19 FEET;
3. S01°09'09"W FOR 435.95 FEET;
4. N89°34'09"W FOR 150.16 FEET;
5. N89°38'05"W FOR 210.56 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF
(E-1/2) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID
SECTION 23;
THENCE N01°05'19"E ON SAID WEST LINE FOR 43.72 FEET TO AN INTERSECTION WITH THE NORTH LINE
OF THE SOUTH HALF (S-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHEAST QUARTER (SE-
1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N89°48'02"W ON SAID NORTH LINE FOR 15.00 FEET TO AN INTERSECTION WITH THE EAST LINE
OF PARCEL 1 AS RECORDED IN OFFICIAL RECORDS BOOK 4970, PAGE 3362, SAID PUBLIC RECORDS;
THENCE THE FOLLOWING FOUR BEARINGS AND DISTANCES ON THE SOUTH, WEST AND NORTH LINES OF
SAID PARCEL 1:
17.D.e
Packet Pg. 3368 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District)
1. S01°05'19"W ON SAID EAST LINE FOR 303.80 FEET;
2. N89°37'28"W FOR 645.47 FEET;
3. N01°01'07"E FOR 302.01 FEET
4. S89°47'35"E FOR 30.00 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL OF
LAND RECORDED IN IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, SAID PUBLIC RECORDS;
THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE WEST LINE OF SAID PARCEL:
1. N01°01'01"E FOR 218.98 FEET;
2. N52°35'40"E FOR 646.23 FEET;
3. N40°29'08"W FOR 30.05 FEET;
4. N49°40'54"E FOR 22.10 FEET;
5. THENCE N36°22'15"E FOR 436.44 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE
NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S89°42'08"W ON SAID SOUTH LINE FOR 785.71 FEET TO THE SOUTHWEST CORNER OF THE
NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N01°01'01"E FOR 332.01 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE-
1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S89°32'04"W FOR 994.18 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER
(SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER
(SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N89°42'08"E FOR 331.15 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE-
1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S00°56'29"W FOR 660.13 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE-
1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N89°57'42"W FOR 330.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
(SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
(NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
17.D.e
Packet Pg. 3369 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District)
THENCE N89°47'35"W ON THE SOUTH LINE OF SAID FRACTION FOR 230.44 FEET TO AN INTERSECTION
WITH A LINE 100 FEET EAST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE WEST
LINE OF SAID SECTION 23;
THENCE N00°51'53"E ON SAID PARALLEL LINE FOR 1642.03 FEET TO AN INTERSECTION WITH THE
NORTH LINE OF THE NORTHWEST QUARTER (NW-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE
NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N89°22'01"E FOR 894.88 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER
(NE-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE
SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N00°58'45"E FOR 662.08 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST (NE-1/4) OF
THE NORTHEAST QUARTER (NE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST
QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE N89°01'58"E FOR 996.40 FEET TO THE NORTHWEST CORNER OF THE EAST HALF (E-1/2) OF THE
NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23;
THENCE S01°05'30"W ON THE WEST LINE OF SAID FRACTION FOR 328.19 FEET TO AN INTERSECTION
WITH A LINE 328.19 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE
NORTH LINE OF SAID FRACTION;
THENCE N89°01'53"E ON SAID PARALLEL LINE FOR 663.85 FEET TO AN INTERSECTION WITH THE EAST
LINE OF THE EAST HALF (E-1/4) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER
(SW-1/4) OF SAID SECTION 23;
THENCE N01°10'38"E ON SAID EAST LINE FOR 328.19 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 106.44 ACRES, MORE OR LESS.
LESS THAT PART OF THE ABOVE DESCRIBED PROPERTY CONTAINED IN DEED RECORDED IN O.R. BOOK
321, PAGE 259, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF THE SOUTHEAST QUARTER
OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO BEAR NORTH 89°01'58" EAST.
17.D.e
Packet Pg. 3370 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District)
EXHIBIT 2B
WARRANTY DEEDS FOR THE REAL PROPERTY TO BE INCLUDED IN THE
TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
17.D.f
Packet Pg. 3371 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District)
17.D.f
Packet Pg. 3372 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District)
17.D.f
Packet Pg. 3373 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District)
17.D.f
Packet Pg. 3374 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District)
17.D.f
Packet Pg. 3375 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District)
17.D.f
Packet Pg. 3376 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District)
17.D.f
Packet Pg. 3377 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District)
17.D.f
Packet Pg. 3378 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District)
EXHIBIT 3
MAPS OF THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT SHOWING
CURRENT AND PROPOSED MAJOR TRUNK WATER MAINS, SEWER
INTERCEPTORS AND OUTFALLS, AND PROPOSED STORM SEWER SYSTEM
17.D.g
Packet Pg. 3379 Attachment: Exhibit 3 Proposed Water, Sanitary, Storm Systems (12394 : Tamarindo Community Development District)
W-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-X OHWOHWOHWOHW
OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW
WW W W
W WWW WWW
WW
PHASE 3
PHASE 2
PHASE 1
SABAL PALM ROADCOILLIER BOULEVARDPRESERVE
Feet
0 250 500
SCALE:
RGE:TWP:SEC:
DATE:
TITLE:
CLIENT:
DRAWN BY:
DESIGNED BY:
PROJECT SHEET FILE
NUMBER:NUMBER:NUMBER:OF
6610 Willow Park Drive, Suite 200 | Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization EB 7663 LB 6952
March 11, 2020 1:53 PM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg
TAMARINDO CDD
EXHIBIT 3
03/20
1" = 500'
SCB
KMW
23 50S 26E
120030.02.04 1 1 TAMARINDO CDD
CDD BOUNDARY
PROPOSED WATER MAIN
DISTRIBUTION LINE
PROPOSED WATER MAIN
DISTRIBUTION LINE
PROPOSED WATER MAIN
TIE-IN LOCATION
PROPOSED WATER MAIN
TIE-IN LOCATION
EX. 8" WATER MAIN
EX. 8" WATER MAIN
PROPOSED WATER DISTRIBUTION SYSTEM
17.D.g
Packet Pg. 3380 Attachment: Exhibit 3 Proposed Water, Sanitary, Storm Systems (12394 : Tamarindo Community
F-XF-XF-XF-XF-XF-XF OHWOHWOHWOHW
OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW
FFFFF F F F
SS SSSSSSSSS S S
SSPHASE 3
PHASE 2
PHASE 1
SABAL PALM ROADCOILLIER BOULEVARDPRESERVE
Feet
0 250 500
SCALE:
RGE:TWP:SEC:
DATE:
TITLE:
CLIENT:
DRAWN BY:
DESIGNED BY:
PROJECT SHEET FILE
NUMBER:NUMBER:NUMBER:OF
6610 Willow Park Drive, Suite 200 | Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization EB 7663 LB 6952
March 11, 2020 1:53 PM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg
TAMARINDO CDD
EXHIBIT 3
03/20
1" = 500'
SCB
KMW
23 50S 26E
120030.02.04 1 1 TAMARINDO CDD
PROPOSED
PUMP STATION
PROPOSED GRAVITY
SANITARY SEWER (TYP)
CDD BOUNDARY
PROPOSED
FORCE MAIN
PROPOSED FORCE
MAIN TIE-IN
LOCATION EX. 12" FORCE MAIN
PROPOSED GRAVITY
SANITARY SEWER (TYP)EX. 12" FORCE MAIN
PROPOSED SANITARY SEWER SYSTEM
17.D.g
Packet Pg. 3381 Attachment: Exhibit 3 Proposed Water, Sanitary, Storm Systems (12394 : Tamarindo Community
OHWOHWOHWOHW
OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW
PHASE 3
PHASE 2
PHASE 1
SABAL PALM ROADCOILLIER BOULEVARDPRESERVE
Feet
0 250 500
SCALE:
RGE:TWP:SEC:
DATE:
TITLE:
CLIENT:
DRAWN BY:
DESIGNED BY:
PROJECT SHEET FILE
NUMBER:NUMBER:NUMBER:OF
6610 Willow Park Drive, Suite 200 | Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization EB 7663 LB 6952
March 11, 2020 1:53 PM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg
TAMARINDO CDD
EXHIBIT 3
03/20
1" = 500'
SCB
KMW
23 50S 26E
120030.02.04 1 1 TAMARINDO CDD
CDD BOUNDARY
PROPOSED STORM
SEWER (TYP)
PROPOSED STORM
SEWER (TYP)
PROPOSED STORM
WATER OUTFALL
STORM WATER
INTERCONNECTING PIPES ALSO
CONSTRUCTED IN PHASE 1
STORM WATER
INTERCONNECTING PIPES ALSO
CONSTRUCTED IN PHASE 1
LAKE 1
LAKE 2
LAKE 4 LAKE 3PROPOSED STORM SEWER SYSTEM
17.D.g
Packet Pg. 3382 Attachment: Exhibit 3 Proposed Water, Sanitary, Storm Systems (12394 : Tamarindo Community
EXHIBIT 4A
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIMETABLE
TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
Improvement Category Start Date Completion Date
Wastewater Collection 2020 2023
Potable Water Distribution 2020 2023
Storm Water Drainage 2020 2023
Perimeter Landscaping and Irrigation 2020 2023
Preserve Exotics Removal 2020 2023
17.D.h
Packet Pg. 3383 Attachment: Exhibit 4A Estimated Timetable (12394 : Tamarindo Community Development District)
EXHIBIT 4B
CONSTRUCTION COST ESTIMATES
TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
Improvement Category Total Cost
Wastewater Collection $1,390,161.02
Potable Water Distribution $639,660.04
Storm Water Drainage $1,207,120.18
Perimeter Landscaping and Irrigation $420,000.00
Preserve Exotics Removal $20,000.00
Design and Engineering $251,000.00
Contingency $182,847.06
Total $4,110,788.30
17.D.i
Packet Pg. 3384 Attachment: Exhibit 4B Construction Cost Estimate (12394 : Tamarindo Community Development District)
EXHIBIT 5
PROPOSED PERIMETER BUFFERS MAP
TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
17.D.j
Packet Pg. 3385 Attachment: Exhibit 5 Perimeter Buffer (12394 : Tamarindo Community Development District)
OHWOHWOHWOHW
OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW
PHASE 3
PHASE 2
PHASE 1
SABAL PALM ROADCOILLIER BOULEVARDPRESERVE
Feet
0 250 500
SCALE:
RGE:TWP:SEC:
DATE:
TITLE:
CLIENT:
DRAWN BY:
DESIGNED BY:
PROJECT SHEET FILE
NUMBER:NUMBER:NUMBER:OF
6610 Willow Park Drive, Suite 200 | Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization EB 7663 LB 6952
March 13, 2020 1:45 PM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg
TAMARINDO CDD
EXHIBIT 5
03/20
1" = 500'
SCB
KMW
23 50S 26E
120030.02.04 1 1 TAMARINDO CDD
15' LBE
15' LBE
15' LBE
15' LBE
20' LBE
10' LBE
10' LBE
15' LBE
15' LBE
15' LBE
15' LBE
15' LBE
15' LBE
20' LBE
15' LBE
15' LBE
15' LBE
LBE= LANDSCAPE BUFFER EASEMENT
PERIMETER BUFFER
17.D.j
Packet Pg. 3386 Attachment: Exhibit 5 Perimeter Buffer (12394 : Tamarindo Community Development District)
EXHIBIT 6
PROPOSED PRESERVE AREAS MAP
TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
17.D.k
Packet Pg. 3387 Attachment: Exhibit 6 Preserve (12394 : Tamarindo Community Development District)
OHWOHWOHWOHW
OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW
PHASE 3
PHASE 2
PHASE 1
SABAL PALM ROADCOILLIER BOULEVARDPRESERVE
Feet
0 250 500
SCALE:
RGE:TWP:SEC:
DATE:
TITLE:
CLIENT:
DRAWN BY:
DESIGNED BY:
PROJECT SHEET FILE
NUMBER:NUMBER:NUMBER:OF
6610 Willow Park Drive, Suite 200 | Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization EB 7663 LB 6952
March 13, 2020 11:34 AM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg
TAMARINDO CDD
EXHIBIT 6
03/20
1" = 500'
SCB
KMW
23 50S 26E
120030.02.04 1 1 TAMARINDO CDD
PRESERVE
17.D.k
Packet Pg. 3388 Attachment: Exhibit 6 Preserve (12394 : Tamarindo Community Development District)
EXHIBIT 7
PROPOSED FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION
SYSTEM (FLUCFCS) AND WETLAND MAP
TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
17.D.l
Packet Pg. 3389 Attachment: Exhibit 7 FLUCCS Map (12394 : Tamarindo Community Development District)
SABAL PALM ROAD
14
14
21
21
22
31
21
31
31
31
22
21
21
21
617E4
411
414
414
740HE4
740
617E1
624E3
631E2618
814
414E4
624E4
621E3
414E3
740
740
438
742
624E3
617
624E1
631E1
624E4
618E3
631E3
411
740
428HE3
428
414E4
42
8
H
428H
E3
742
624E3
740HE4
624E4
740
617E4
CR1371
CR726
CR1372
CR874
CR898
CR896
CR875
CR897
CR873
Feet
0 250 500
SCALE:
RGE:TWP:SEC:
DATE:
TITLE:
CLIENT:
DRAWN BY:
DESIGNED BY:
PROJECT SHEET FILE
NUMBER:NUMBER:NUMBER:OF
6610 Willow Park Drive, Suite 200 | Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization EB 7663 LB 6952
March 13, 2020 8:36 AM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Flux Exhibit.dwg
TAMARINDO CDD
EXHIBIT 7
03/20
1" = 500'
SCB
KMW
23 50S 26E
120030.02.04 1 1 TAMARINDO CDD
FLUCCS MAP
FLUCCS MAPPING PREPARED BY
TURRELL HALL AND ASSOCIATES,
INC.
EXISTING GENERALIZED SURFACE WATER
FLOW DIRECTION ARROW
CODE DESCRIPTION
14 PINEDA FINE SAND, LIMESTONE
SUBSTRATUM
21 BOCA FINE SAND
22 CHOBEE, WINDER, AND GATOR
SOILS, DEPRESSIONAL
31 HILOLO, JUPITER, AND MARGATE
FINE SANDS
UPLAND
WETLANDS WATERS
NRCS SOILS CLASSIFICATIION
(SEE TABLE BELOW)
NRCS SOILS CLASSIFICATION
21
617 411
ARCHEOLOGICAL SITE
PROJECT
UPLANDS PRESERVES
FLUCCS
CODE DESCRIPTION AREA
(AC)
PRESERVE
(AC)
411 PINE FLATWOODS 12.05
414 PINE - MESIC OAK 5.25
414E3 PINE - MESIC OAK 7.97
414E4 PINE - MESIC OAK 10.60
428 CABBAGE PALM 0.35
438 MIXED HARDWOODS 1.35
740 DISTURBED LAND 15.72 1.32
814 ROADS AND HIGHWAYS 1.91
TOTAL 55.20 1.32
WETLAND PRESERVES
FLUCCS
CODE DESCRIPTION AREA
(AC)
PRESERVE
(AC)
428H CABBAGE PALM - HYDRIC 0.44 0.44
428HE3 CABBAGE PALM - HYDRIC 3.20 1.02
617 MIXED WETLAND HARDWOODS 1.25 1.25
617E1 MIXED WETLAND HARDWOODS 5.59
617E4 MIXED WETLAND HARDWOODS 1.81
618 WILLOW AND ELDERBERRY 0.86
618E3 WILLOW AND ELDERBERRY 3.18
621E3 CYPRESS 1.33
624E1 CYPRESS - PINE - CABBAGE PALM 5.91 5.44
624E3 CYPRESS - PINE - CABBAGE PALM 14.26 8.45
624E4 CYPRESS - PINE - CABBAGE PALM 2.45 0.55
631E1 WETLAND SCRUB 4.61 4.48
631E2 WETLAND SCRUB 0.26
631E3 WETLAND SCRUB 3.06
740HE4 DISTURBED LAND - HYDRIC 3.38 1.25
742 BORROW AREAS 1.22
TOTAL 52.81 22.88
LEGEND:
17.D.l
Packet Pg. 3390 Attachment: Exhibit 7 FLUCCS Map (12394 : Tamarindo Community Development District)
EXHIBIT 8
FUTURE LAND USE MAP
TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
17.D.m
Packet Pg. 3391 Attachment: Exhibit 8 Future Land Use Map (12394 : Tamarindo Community Development District)
OHWOHWOHWOHW
OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW
PHASE 3
PHASE 2
PHASE 1
SABAL PALM ROADCOILLIER BOULEVARDPRESERVE
Feet
0 250 500
SCALE:
RGE:TWP:SEC:
DATE:
TITLE:
CLIENT:
DRAWN BY:
DESIGNED BY:
PROJECT SHEET FILE
NUMBER:NUMBER:NUMBER:OF
6610 Willow Park Drive, Suite 200 | Naples, Florida 34109
(239) 597-0575 FAX: (239) 597-0578
www.consult-rwa.com
Florida Certificates of Authorization EB 7663 LB 6952
March 13, 2020 8:41 AM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg
TAMARINDO CDD
EXHIBIT 8
03/20
1" = 500'
SCB
KMW
23 50S 26E
120030.02.04 1 1 TAMARINDO CDD
CDD BOUNDARY
ZONED: A - AGRICULTURAL
ZONED: A - AGRICULTURAL
ZONED: A - AGRICULTURAL
ZONED: PUD - WINDING CYPRESS
ZONED: A - AGRICULTURAL
ZONED: A - AGRICULTURAL
ZONED: A -
AGRICULTURAL
ZONED: A -
AGRICULTURAL
ZONED: MPUD -
HACIENDA LAKES
ZONED: PUD - COLLIER
REGIONAL MEDICAL CENTER
ZONED: TTRVC
ZONED: A - AGRICULTURAL
ZONED: A - AGRICULTURAL
FUTURE LAND USE
17.D.m
Packet Pg. 3392 Attachment: Exhibit 8 Future Land Use Map (12394 : Tamarindo Community Development District)
EXHIBIT 9
STATEMENT OF ESTIMATED REGULATORY COSTS
TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
17.D.n
Packet Pg. 3393 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
TAMARINDO
COMMUNITY DEVELOPMENT DISTRICT
Statement
of
Estimated Regulatory Costs
March 23, 2020
Provided by
Wrathell, Hunt and Associates, LLC
2300 Glades Road, Suite 410W
Boca Raton, FL 33431
Phone: 561-571-0010
Fax: 561-571-0013
Website: www.whhassociates.com
17.D.n
Packet Pg. 3394 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
2
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the
Tamarindo Community Development District ("District") in accordance with the “Uniform
Community Development District Act of 1980,” Chapter 190, Florida Statutes (the “Act”). The
proposed District will comprise approximately 106.44 +/- acres of land located within
unincorporated Collier County, Florida (the "County") and is projected to contain approximately
251 residential dwelling units, which will make up the Tamarindo development. The limitations on
the scope of this SERC are explicitly set forth in Section 190.002(2)(d), Florida Statutes ("F.S.")
(governing District establishment) as follows:
"That the process of establishing such a district pursuant to uniform general law
be fair and based only on factors material to managing and financing the service
delivery function of the district, so that any matter concerning permitting or
planning of the development is not material or relevant (emphasis added)."
1.2 Overview of the Tamarindo Community Development District
The District is designed to provide public infrastructure, services, and facilities along with operation
and maintenance of the same to a master planned residential development currently anticipated to
contain a total of approximately 251 residential dwelling units, all within the boundaries of the
District. Tables 1 and 2 under Section 5.0 detail the anticipated improvements and
ownership/maintenance responsibilities the proposed District is anticipated to construct, operate
and maintain.
A community development district ("CDD") is an independent unit of special purpose local
government authorized by the Act to plan, finance, construct, operate and maintain community-
wide infrastructure in planned community developments. CDDs provide a "solution to the state's
planning, management and financing needs for delivery of capital infrastructure in order to service
projected growth without overburdening other governments and their taxpayers." Section
190.002(1)(a), F.S.
A CDD is not a substitute for the local, general purpose government unit, i.e., the city or county in
which the CDD lies. A CDD does not have the permitting, zoning or policing powers possessed by
general purpose governments. A CDD is an alternative means of financing, constructing, operating
and maintaining public infrastructure for developments, such as Tamarindo.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S., defines the elements a statement of estimated regulatory costs must
contain:
17.D.n
Packet Pg. 3395 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
3
(a) An economic analysis showing whether the rule directly or indirectly:
1. Is likely to have an adverse impact on economic growth, private sector job creation or
employment, or private sector investment in excess of $1 million in the aggregate within 5 years after
the implementation of the rule;
2. Is likely to have an adverse impact on business competitiveness, including the ability of persons
doing business in the state to compete with persons doing business in other states or domestic
markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the
implementation of the rule; or
3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in
the aggregate within 5 years after the implementation of the rule.
(b) 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.
(c) 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 or
local revenues.
(d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities,
including local government entities, required to comply with the requirements of the rule. As used
in this section, "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, the cost of monitoring and reporting, and any other
costs necessary to comply with the rule.
(e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the
impact on small counties and small cities as defined in s. 120.52. The impact analysis for small
businesses must include the basis for the agency’s decision not to implement alternatives that would
reduce adverse impacts on small businesses. (Collier County, according to Census 2010, has a
population of 321,520; therefore, it is not defined as a small County for the purposes of this
requirement.)
(f) Any additional information that the agency determines may be useful.
(g) In the statement or revised statement, whichever applies, a description of any regulatory
alternatives submitted under paragraph (1)(a) and a statement adopting the alternative or a statement
of the reasons for rejecting the alternative in favor of the proposed rule.
Note: the references to "rule" in the statutory requirements for the Statement of Estimated
Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S.
17.D.n
Packet Pg. 3396 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
4
2.0 An economic analysis showing whether the ordinance directly or indirectly:
1. Is likely to have an adverse impact on economic growth, private sector job
creation or employment, or private sector investment in excess of $1 million in the
aggregate within 5 years after the implementation of the ordinance;
2. Is likely to have an adverse impact on business competitiveness, including the
ability of persons doing business in the state to compete with persons doing business
in other states or domestic markets, productivity, or innovation in excess of $1 million
in the aggregate within 5 years after the implementation of the ordinance; or
3. Is likely to increase regulatory costs, including any transactional costs, in excess
of $1 million in the aggregate within 5 years after the implementation of the
ordinance.
The ordinance establishing the District is not anticipated to have any direct or indirect adverse
impact on economic growth, private sector job creation or employment, private sector investment,
business competitiveness, ability of persons doing business in the state to compete with persons
doing business in other states or domestic markets, productivity, or innovation. Any increases in
regulatory costs, principally the anticipated increases in transactional costs as a result of imposition
of special assessments by the District will be the direct result of facilities and services provided by
the District to the landowners within the District. However, as property ownership in the District is
voluntary and all additional costs will be disclosed to prospective buyers prior to sale, such increases
should be considered voluntary, self-imposed and offset by benefits received from the infrastructure
and services provided by the District.
2.1 Impact on economic growth, private sector job creation or employment, or private
sector investment in excess of $1 million in the aggregate within 5 years after the
implementation of the ordinance.
The purpose for establishment of the District is to provide public facilities and services to support
the development of a new, master planned residential development. The development of the
approximately 106.44 +/- acres anticipated to be within the District will promote local economic
activity, create local value, lead to local private sector investment and is likely to result in local
private sector employment and/or local job creation.
Establishment of the District will allow a systematic method to plan, fund, implement, operate and
maintain, for the benefit of the landowners within the District, various public facilities and services.
Such facilities and services, as further described in Section 5, will allow for the development of the
land within the District. The provision of District's infrastructure and the subsequent development
of land will generate private economic activity, economic growth, investment and employment, and
job creation. The District intends to use proceeds of indebtedness to fund construction of public
infrastructure, which will be constructed by private firms, and once constructed, is likely to use
private firms to operate and maintain such infrastructure and provide services to the landowners and
residents of the District. The private developer of the land in the District will use its private funds
to conduct the private land development and construction of an anticipated approximately 266 Twin
Villa residential dwelling units, the construction, sale, and continued use/maintenance of which will
involve private firms. While similar economic growth, private sector job creation or employment,
or private sector investment could be achieved in absence of the District by the private sector alone,
the fact that the establishment of the District is initiated by the private developer means that the
17.D.n
Packet Pg. 3397 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
5
private developer considers the establishment and continued operation of the District as beneficial
to the process of land development and the future economic activity taking place within the District,
which in turn will lead directly or indirectly to economic growth, likely private sector job growth
and/or support private sector employment, and private sector investments.
2.2 Impact on business competitiveness, including the ability of persons doing business
in the state to compete with persons doing business in other states or domestic markets,
productivity, or innovation in excess of $1 million in the aggregate within 5 years after the
implementation of the ordinance.
When assessing the question of whether the establishment of the District is likely to directly or
indirectly have an adverse impact on business competitiveness, including the ability of persons doing
business in the state to compete with persons doing business in other states or domestic markets,
productivity, or innovation, one has to compare these factors in the presence and in the absence of
the District in the development. When the question is phrased in this manner, it can be surmised
that the establishment of the District is likely to not have a direct or indirect adverse impact on
business competitiveness, productivity, or innovation versus that same development without the
District. Similar to a purely private solution, District contracts will be bid competitively as to
achieve the lowest cost/best value for the particular infrastructure or services desired by the
landowners, which will insure that contractors wishing to bid for such contracts will have to
demonstrate to the District the most optimal mix of cost, productivity and innovation. Additionally,
the establishment of the District for the development is not likely to cause the award of the
contracts to favor non-local providers any more than if there was no District. The District, in its
purchasing decisions, will not vary from the same principles of cost, productivity and innovation
that guide private enterprise.
2.3 Likelihood of an increase in regulatory costs, including any transactional costs, in
excess of $1 million in the aggregate within 5 years after the implementation of the
ordinance.
The establishment of the District will not increase any regulatory costs of the State or the County by
virtue that the District will be one of many already existing similar districts within the State and also
one of a many already existing similar districts in the County. As described in more detail in Section
4, the proposed District will pay a one-time filing fee to the County to offset any expenses that the
County may incur in holding a local public hearing on the petition. Similarly, the proposed District
will pay annually the required Special District Filing Fee, which fee is meant to offset any State costs
related to its oversight of all special districts in the State.
The establishment of the District will, however, directly increase regulatory costs to the landowners
within the District. Such increases in regulatory costs, principally the anticipated increases in
transactional costs as a result of likely imposition of special assessments and use fees by the District,
will be the direct result of facilities and services provided by the District to the landowners within
the District. However, as property ownership in the District is completely voluntary, all current
property owners must consent to the establishment of the District and all initial prospective buyers
will have such additional transaction costs disclosed to them prior to sale, as required by State law.
Such costs, however, should be considered voluntary, self-imposed, and as a tradeoff for the service
17.D.n
Packet Pg. 3398 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
6
and facilities provided by the District.
The District will incur overall operational costs related to services for infrastructure maintenance,
landscaping, and similar items. In the initial stages of development, the costs will likely be minimized.
These operating costs will be funded by the landowners through direct funding agreements or
special assessments levied by the District. Similarly, the District may incur costs associated with the
issuance and repayment of special assessment revenue bonds. While these costs in the aggregate may
approach the stated threshold over a five year period, this would not be unusual for a Project of this
nature and the infrastructure and services proposed to be provided by the District will be needed to
serve the Project regardless of the existence of the District. Thus, the District-related costs are not
additional development costs. Due to the relatively low cost of financing available to CDDs, due to
the tax-exempt nature of their debt, certain improvements can be provided more efficiently by the
District than by alternative entities. Furthermore, it is important to remember that such costs would
be funded through special assessments paid by landowners within the District, and would not be a
burden on the taxpayers outside the District.
3.0 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.
The individuals and entities likely to be required to comply with the ordinance or affected by the
proposed action (i.e., adoption of the ordinance) can be categorized, as follows: 1) The State of
Florida and its residents, 2) the County and its residents, 3) current property owners, and 4) future
property owners.
a. The State of Florida
The State of Florida and its residents and general population will not incur any compliance costs
related to the establishment and on-going administration of the District, and will only be affected to
the extent that the State incurs those nominal administrative costs outlined herein. The cost of any
additional administrative services provided by the State as a result of this project will be incurred
whether the infrastructure is financed through a CDD or any alternative financing method.
b. Collier County
The County and its residents not residing within the boundaries of the District will not incur any
compliance costs related to the establishment and on-going administration of the District other than
any one-time administrative costs outlined herein, which will be offset by the filing fee submitted to
the County. Once the District is established, these residents will not be affected by adoption of the
ordinance. The cost of any additional administrative services provided by the County as a result of
this development will be incurred whether the infrastructure is financed through a CDD or any
alternative financing method.
c. Current Property Owners
The current property owners of the lands within the proposed District boundaries will be affected to
the extent that the District allocates debt for the construction of infrastructure and undertakes
operation and maintenance responsibility for that infrastructure.
17.D.n
Packet Pg. 3399 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
7
d. Future Property Owners
The future property owners are those who will own property in the proposed District. These future
property owners will be affected to the extent that the District allocates debt for the construction of
infrastructure and undertakes operation and maintenance responsibility for that infrastructure.
The proposed District will serve land that comprises an approximately 106.44 +/- acre master
planned residential development currently anticipated to contain a total of approximately 251
residential dwelling units, although the development plan can change. Assuming an average density
of 3.5 persons per residential dwelling unit, the estimated residential population of the proposed
District at build out would be approximately 879 +/- and all of these residents as well as the
landowners within the District will be affected by the ordinance. The County, the proposed District
and certain state agencies will also be affected by or required to comply with the ordinance as more
fully discussed hereafter.
4.0 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 ordinance, and any
anticipated effect on state or local revenues.
The County is establishing the District by ordinance in accordance with the Act and, therefore, there
is no anticipated effect on state or local revenues.
4.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
Because the result of adopting the ordinance is the establishment of an independent local special
purpose government, there will be no significant enforcing responsibilities of any other government
entity, but there will be various implementing responsibilities which are identified with their costs
herein.
State Governmental Entities
The cost to state entities to review or enforce the proposed ordinance will be very modest. The
District comprises less than 2,500 acres and is located within the boundaries of the County.
Therefore, the County (and not the Florida Land and Water Adjudicatory Commission) will review
and act upon the Petition to establish the District, in accordance with Section 190.005(2), F.S. There
are minimal additional ongoing costs to various state entities to implement and enforce the proposed
ordinance. The costs to various state entities to implement and enforce the proposed ordinance
relate strictly to the receipt and processing of various reports that the District is required to file with
the State and its various entities. Appendix A lists the reporting requirements. The costs to those
state agencies that will receive and process the District's reports are minimal because the District is
only one of many governmental units that are required to submit the various reports. Therefore, the
marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to
section 189.064, F.S., the District must pay an annual fee to the State of Florida Department of
Economic Opportunity which offsets such costs.
17.D.n
Packet Pg. 3400 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
8
Collier County, Florida
The proposed land for the District is located within unincorporated Collier County, Florida and
consists of less than 2,500 acres. The County and its staff may process, analyze, conduct a public
hearing, and vote upon the petition to establish the District. These activities will absorb some
resources; however, these costs incurred by the County will be modest for a number of reasons.
First, review of the petition to establish the District does not include analysis of the project itself.
Second, the petition itself provides most, if not all, of the information needed for a staff review.
Third, the County already possesses the staff needed to conduct the review without the need for
new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are
offset by a filing fee included with the petition to offset any expenses the County may incur in the
processing of this petition. Finally, the County already processes similar petitions, though for entirely
different subjects, for land uses and zoning changes that are far more complex than the petition to
establish a community development district.
The annual costs to the County, because of the establishment of the District, are also very small.
The District is an independent unit of local government. The only annual costs the County faces are
the minimal costs of receiving and reviewing the various reports that the District is required to
provide to the County, or any monitoring expenses the County may incur if it establishes a
monitoring program for this District.
4.2 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 infrastructure facilities
and services to serve the development project and it has its own sources of revenue. No state or
local subsidies are required or expected.
Any non-ad valorem assessments levied by the District will not count against any millage caps
imposed on other taxing authorities providing services to the lands within the District. It is also
important to note that any debt obligations the District may incur are not debts of the State of Florida
or any other unit of local government. By Florida law, debts of the District are strictly its own
responsibility.
5.0 A good faith estimate of the transactional costs likely to be incurred by individuals
and entities, including local government entities, required to comply with the requirements
of the ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may provide.
Financing for these facilities is projected to be provided by the District.
Table 2 illustrates the estimated costs of construction of the capital facilities, outlined in Table 1.
Total costs of construction for those facilities that may be provided are estimated to be
approximately $4,110,788.30. The District may levy non-ad valorem special assessments (by a variety
of names) and may issue special assessment bonds to fund the costs of these facilities. These bonds
would be repaid through non-ad valorem special assessments levied on all developable properties in
the District that may benefit from the District’s infrastructure program as outlined in Table 2.
Prospective future landowners in the proposed District may be required to pay non-ad valorem
17.D.n
Packet Pg. 3401 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
9
special assessments levied by the District to provide for facilities and secure any debt incurred
through bond issuance. In addition to the levy of non-ad valorem special assessments which may
be used for debt service, the District may also levy a non-ad valorem assessment to fund the
operations and maintenance of the District and its facilities and services. However, purchasing a
property within the District or locating in the District by new residents is completely voluntary, so,
ultimately, all landowners and residents of the affected property choose to accept the non-ad
valorem assessments as a tradeoff for the services and facilities that the District will provide. In
addition, state law requires all assessments levied by the District to be disclosed by the initial seller
to all prospective purchasers of property within the District.
Table 1
TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
Proposed Facilities and Services
FACILITY
FUNDED BY
OWNED BY
MAINTAINED
BY
Wastewater Collection CDD County County
Potable Water Distribution CDD County County
Storm Water Drainage CDD CDD CDD
Perimeter Landscaping and Irrigation CDD CDD CDD
Preserve Exotics Removal CDD CDD CDD
Table 2
TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
Estimated Costs of Construction
CATEGORY COST
Wastewater Collection $1,390,161.02
Potable Water Distribution $639,660.04
Storm Water Drainage $1,207,120.18
Perimeter Landscaping and Irrigation $420,000.00
Preserve Exotics Removal $20,000.00
Design and Engineering $251,000.00
Contingency $182,847.06
Total $4,110,788.30
A CDD provides the property owners with an alternative mechanism of providing public services;
however, special assessments and other impositions levied by the District and collected by law
represent the transactional costs incurred by landowners as a result of the establishment of the
District. Such transactional costs should be considered in terms of costs likely to be incurred under
alternative public and private mechanisms of service provision, such as other independent special
districts, County or its dependent districts, or County management but financing with municipal
service benefit units and municipal service taxing units, or private entities, all of which can be
grouped into three major categories: public district, public other, and private.
17.D.n
Packet Pg. 3402 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
10
With regard to the public services delivery, dependent and other independent special districts can be
used to manage the provision of infrastructure and services, however, they are limited in the types of
services they can provide, and likely it would be necessary to employ more than one district to
provide all services needed by the development.
Other public entities, such as cities, are also capable of providing services, however, their costs in
connection with the new services and infrastructure required by the new development and,
transaction costs, would be borne by all taxpayers, unduly burdening existing taxpayers. Additionally,
other public entities providing services would also be inconsistent with the State’s policy of "growth
paying for growth".
Lastly, services and improvements could be provided by private entities. However, their interests are
primarily to earn short-term profits and there is no public accountability. The marginal benefits of
tax-exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to
enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be
included within the District will receive three major classes of benefits.
First, those residents in the District will receive a higher level of public services which in most
instances will be sustained over longer periods of time than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the public services will be completed concurrently
with development of lands within the development. This satisfies the revised growth management
legislation, and it assures that growth pays for itself without undue burden on other consumers.
Establishment of the District will ensure that these landowners pay for the provision of facilities,
services and improvements to these lands.
Third, a CDD is the sole form of local governance which is specifically established to provide
District landowners with planning, construction, implementation and short and long-term
maintenance of public infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the development is not the total cost for the District
to provide infrastructure services and facilities. Instead, it is the incremental costs above, if
applicable, what the landowners would have paid to install infrastructure via an alternative financing
mechanism.
Consequently, a CDD provides property owners with the option of having higher levels of facilities
and services financed through self-imposed revenue. The District is an alternative means to manage
necessary development of infrastructure and services with related financing powers. District
management is no more expensive, and often less expensive, than the alternatives of various public
and private sources.
6.0 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 little impact on small businesses because of the establishment of the District. If
17.D.n
Packet Pg. 3403 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
11
anything, the impact may be positive because the District must competitively bid all of its contracts
and competitively negotiate all of its contracts with consultants over statutory thresholds. This
affords small businesses the opportunity to bid on District work.
Collier County has a population of 321,520 according to the Census 2010 conducted by the United
States Census Bureau and is therefore not defined as a "small" county according to Section 120.52,
F.S.
7.0 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
Petitioner's Engineer and other professionals associated with the Petitioner.
In relation to the question of whether the proposed Tamarindo Community Development District is
the best possible alternative to provide public facilities and services to the project, there are several
additional factors which bear importance. As an alternative to an independent district, the County
could establish a dependent district for the area or establish an MSBU or MSTU. Either of these
alternatives could finance the improvements contemplated in Tables 1 and 2 in a fashion similar to
the proposed District.
There are a number of reasons why a dependent district is not the best alternative for providing
public facilities and services to the Tamarindo development. First, unlike a CDD, this alternative
would require the County to administer the project and its facilities and services. As a result, the
costs for these services and facilities would not be directly and wholly attributed to the land directly
benefiting from them, as the case would be with a CDD. Administering a project of the size and
complexity of the development program anticipated for the Tamarindo development is a significant
and expensive undertaking.
Second, a CDD is preferable from a government accountability perspective. With a CDD, residents
and landowners in the District would have a focused unit of government ultimately under their
direct control. The CDD can then be more responsive to resident needs without disrupting other
County responsibilities. By contrast, if the County were to establish and administer a dependent
Special District, then the residents and landowners of the Tamarindo development would take their
grievances and desires to the County Commission meetings.
Third, any debt of an independent CDD is strictly that District's responsibility. While it may be
technically true that the debt of a County-established, dependent Special District is not strictly the
County's responsibility, any financial problems that a dependent Special District may have may
reflect on the County. This will not be the case if a CDD is established.
Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the
infrastructure as well as operations and maintenance of public facilities and services. A CDD is
superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low cost funds
from the municipal capital market. Second, as a government entity a CDD can impose and collect its
assessments along with other property taxes on the County’s real estate tax bill. Therefore, the
District is far more assured of obtaining its needed funds than is a POA. Third, the proposed
District is a unit of local government. This provides a higher level of transparency, oversight and
accountability and the CDD has the ability to enter into interlocal agreements with other units of
government.
17.D.n
Packet Pg. 3404 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
12
8.0 A description of any regulatory alternatives submitted under section 120.541(1)(a),
F.S., and a statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed ordinance.
No written proposal, statement adopting an alternative or statement of the reasons for rejecting an
alternative have been submitted.
Based upon the information provided herein, this Statement of Estimated Regulatory Costs supports
the petition to establish the Tamarindo Community Development District.
17.D.n
Packet Pg. 3405 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
13
APPENDIX A
LIST OF REPORTING REQUIREMENTS
REPORT
FL. STATUE
CITATION
DATE
Annual
Financial Audit
190.008/218.39
9 months after end of Fiscal Year
Annual
Financial
Report
190.008/218.32
45 days after the completion of the Annual Financial Audit but
no more than 9 months after end of Fiscal Year
TRIM
Compliance
Report
200.068
no later than 30 days following the adoption of the property
tax levy ordinance/resolution (if levying property taxes)
Form 1 -
Statement of
Financial
Interest
112.3145
within 30 days of accepting the appointment, then every year
thereafter by 7/1 (by "local officers" appointed to special
district's board); during the qualifying period, then every year
thereafter by 7/1 (by "local officers" elected to special district's
board)
Public Facilities
Report
189.08
within one year of special district's creation; then annual notice
of any changes; and updated report every 7 years, 12 months
prior to submission of local government's evaluation and
appraisal report
Public Meetings
Schedule
189.015
quarterly, semiannually, or annually
Bond Report
218.38
when issued; within 120 days after delivery of bonds
Registered
Agent
189.014
within 30 days after first meeting of governing board
Proposed
Budget
190.008
annually by June 15
Adopted
Budget
190.008
annually by October 1
Public
Depositor
Report
280.17
annually by November 30
Notice of
Establishment
190.0485
within 3o days after the effective date of an ordinance
establishing the District
Notice of
Public
Financing
190.009
file disclosure documents in the property records of the county
after financing
17.D.n
Packet Pg. 3406 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District)
EXHIBIT 10
PROPOSED ORDINANCE
TAMARINDO COMMUNITY DEVELOPMENT DISTRICT
17.D.o
Packet Pg. 3407 Attachment: Exhibit 10 Proposed Ordinance (12394 : Tamarindo Community Development District)
1
ORDINANCE NO. ______
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE TAMARINDO
COMMUNITY DEVELOPMENT DISTRICT LOCATED IN
UNINCORPORATED COLLIER COUNTY AND CONTAINING
APPROXIMATELY 106.44 ACRES; PROVIDING FOR THE
AUTHORITY OF THE ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE TAMARINDO
COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE
DESIGNATION OF THE INITIAL BOARD MEMBERS; PROVIDING
FOR THE DISTRICT NAME; PROVIDING FOR STATUTORY
PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, DR Horton, Inc., a Delaware Corporation, has petitioned the Board of
County Commissioners ("Board") of Collier County, Florida, a political subdivision of the State
of Florida, to establish the TAMARINDO 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(1)(e) Florida Statutes, as required by Section
190.005(2)(c), Florida Statutes:
1. The petition is complete and meets the requirements of Section 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.
17.D.o
Packet Pg. 3408 Attachment: Exhibit 10 Proposed Ordinance (12394 : Tamarindo Community Development District)
2
6. The area that will be served by the District is amenable to separate special-district
government.
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:
SECTION ONE: AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE TAMARINDO COMMUNITY
DEVELOPMENT DISTRICT
The Tamarindo Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
17.D.o
Packet Pg. 3409 Attachment: Exhibit 10 Proposed Ordinance (12394 : Tamarindo Community Development District)
3
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1. James Ratz
10541 Ben C Pratt Six Mile
Cypress Pkwy.
Fort Myers, FL 33966
2. Ashley Koza
10541 Ben C Pratt Six Mile
Cypress Pkwy.
Fort Myers, FL 33966
3. Rebecca Sarver
10541 Ben C Pratt Six Mile
Cypress Pkwy.
Fort Myers, FL 33966
4. J. Wayne Everett
10541 Ben C Pratt Six Mile
Cypress Pkwy.
Fort Myers, FL 33966
5. Landon Thomas
10541 Ben C Pratt Six Mile
Cypress Pkwy.
Fort Myers, FL 33966
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Tamarindo Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Tamarindo 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 Tamarindo Community Development
District will be duly and legally authorized to exist and exercise all of its powers as set forth in
Section 190.012(1), Florida Statutes, and as otherwise provided by law.
The Board hereby consents to the exercise by the Board of Supervisors of the District of
special powers set forth in Section 190.012(2)(a) and 190.012(2)(d), Florida Statutes, to plan,
establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain
additional systems and facilities for parks and facilities for indoor and outdoor recreational,
cultural, and educational uses, as well as facilities for security, including, but not limited to,
guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when
17.D.o
Packet Pg. 3410 Attachment: Exhibit 10 Proposed Ordinance (12394 : Tamarindo Community Development District)
4
authorized by proper governmental agencies; except that the District may not exercise any police
power, but may contract with the appropriate local general-purpose government agencies for an
increased level of such services within the District boundaries.
SECTION SEVEN: 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 EIGHT: 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 NINE: 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, Florida, this _______ day of _________________, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ___________________________ By: ________________________________
______________, CHAIRMAN
Approved as to form legality:
__________________
County Attorney
17.D.o
Packet Pg. 3411 Attachment: Exhibit 10 Proposed Ordinance (12394 : Tamarindo Community Development District)
17.D.p
Packet Pg. 3412 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District)
17.D.p
Packet Pg. 3413 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District)
17.D.p
Packet Pg. 3414 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District)
17.D.p
Packet Pg. 3415 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District)
10
17.D.p
Packet Pg. 3416 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District)
17.D.p
Packet Pg. 3417 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District)
17.D.p
Packet Pg. 3418 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District)
17.D.p
Packet Pg. 3419 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District)
17.D.p
Packet Pg. 3420 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District)
17.D.p
Packet Pg. 3421 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District)
17.D.q
Packet Pg. 3422 Attachment: Affidavit__Pre-filed_Testimony_of_Manager_Tamarindo (12394 : Tamarindo Community Development District)
17.D.q
Packet Pg. 3423 Attachment: Affidavit__Pre-filed_Testimony_of_Manager_Tamarindo (12394 : Tamarindo Community Development District)
3
TESTIMONY OF J. WAYNE EVERETT, PETITIONER
1. Please state your name and business address.
My name is J. Wayne Everett. My business address is 10541 Ben C. Pratt Six Mile Cypress
Parkway, Fort Myers, Florida 33966.
2. By whom are you employed and in what capacity?
I am employed by D.R. Horton, Inc. (“DR Horton”) as Entitlements Manager.
3. Please describe your duties in this position.
I oversee all due diligence, entitlements, design, and permitting for DR Horton projects
within the Southwest Florida Division.
4. Please describe your experience and credentials, including your current employment.
I have been a Civil Engineer and Land Developer since 1985 overseeing projects in Texas,
Arizona, California, and Florida.
5. How long have you held this position?
I have been employed by DR Horton for over seven years.
6. Please describe your involvement with the Petition to Establish (“Petition”) the
Tamarindo Community Development District (“Proposed District”)?
I assisted in the preparation of the Petition and its accompanying exhibits, which were filed
with Collier County on April 10, 2020.
7. Are you generally familiar with the geographic areas, type, and scope of development
and the available services and facilities within the Proposed District?
Yes, I am familiar with the general area and the site specifically, as well as the scope of
proposed services and facilities within the Proposed District.
8. Have you reviewed the contents of the Petition?
Yes.
9. Are there any changes or corrections to any of the Exhibits attached to the Petition at
this time?
No.
17.D.q
Packet Pg. 3424 Attachment: Affidavit__Pre-filed_Testimony_of_Manager_Tamarindo (12394 : Tamarindo Community Development District)
4
10. Are the contents of the Petition and Exhibits true and correct to the best of your
knowledge?
Yes, they are.
11. In response to this Petition, what action has Collier County taken?
To date, the County has circulated a draft ordinance approving the establishment of the
Proposed District for review and comment. Additionally, the County has expressed that it
intends to coordinate the preparation and publication of an advertisement relative to the
hearing to establish the District, which advertisement shall be published once per week for
four (4) consecutive weeks prior to the hearing.
12. Approximately how large is the land area proposed to be in the Proposed District?
The Proposed District is located entirely within unincorporated Collier County, Florida and
encompasses approximately 106.44 acres of land.
13. Who are the owners of the proposed land to be included in the Proposed District?
The owner of the lands proposed to be included within the Proposed District is Watermen at
Rock Edge Naples, LLC.
14. Have the owners provided an affidavit of ownership and consent to the creation of
the Proposed District?
Yes, the consent and joinder of establishment of the owners of one hundred (100%) percent
of the lands to be included within the Proposed District are attached to the Petition as Exhibit
2A.
15. Does this conclude your testimony?
Yes.
17.D.q
Packet Pg. 3425 Attachment: Affidavit__Pre-filed_Testimony_of_Manager_Tamarindo (12394 : Tamarindo Community Development District)
17.D.r
Packet Pg. 3426 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District)
17.D.r
Packet Pg. 3427 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District)
17.D.r
Packet Pg. 3428 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District)
17.D.r
Packet Pg. 3429 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District)
17.D.r
Packet Pg. 3430 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District)
17.D.r
Packet Pg. 3431 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District)
17.D.r
Packet Pg. 3432 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District)
17.D.r
Packet Pg. 3433 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District)
17.D.r
Packet Pg. 3434 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District)
17.D.r
Packet Pg. 3435 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District)
ORDINANCE NO. 2020-____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE TAMARINDO
COMMUNITY DEVELOPMENT DISTRICT LOCATED IN
UNINCORPORATED COLLIER COUNTY AND CONTAINING
APPROXIMATELY 106.44+/- ACRES; PROVIDING FOR THE
AUTHORITY FOR ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE TAMARINDO
COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE
DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING FOR
THE DISTRICT NAME; PROVIDING FOR STATUTORY PROVISIONS
GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO
SPECIAL POWERS; PROVIDING FOR PETITIONER’S
COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, D.R. Horton, Inc. has petitioned the Board of County Commissioners
(Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the
TARAMINDO 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(1)(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.
17.D.s
Packet Pg. 3436 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District)
6. The area that will be served by the District is amenable to separate special-district
government; and
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; and
WHEREAS, pursuant to Section 190.012 (2)(a) and (2)(d), Florida Statutes, upon the
establishment of the proposed community development district, the District Board of Supervisors
have sought the right to consent from Collier County for the grant of authority to exercise special
powers without question as to the continued right authority and power to exercise its limited
powers as established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
17.D.s
Packet Pg. 3437 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District)
SECTION TWO: ESTABLISHMENT OF THE TAMARINDO COMMUNITY
DEVELOPMENT DISTRICT.
The Tamarindo 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: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1. James Ratz 3. Ashley Koza
2. Rebecca Sarver 4. J. Wayne Everett
5. Landon Thomas
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Tamarindo Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Tamarindo 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
The Board hereby consents to the exercise by the Board of Supervisors of the District of
the special powers set forth in Section 190.012(2)(a) and (d), Florida Statutes, to plan establish,
acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional
systems and facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural,
and education uses and (ii) security, including, but not limited to, guardhouses, fences and gates,
electronic intrusion detection systems, and patrol cars, as authorized by proper governmental
agencies, provided however that the District may not exercise any police power, but may
contract with the appropriate local general purpose government agencies for an increased level of
such services within the District boundaries.
17.D.s
Packet Pg. 3438 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District)
SECTION SEVEN: PETITIONER’S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing Recital setting forth Petitioner’s Commitments, re-stated as follows: that the
Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes 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
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, Florida, this ____ day of ______________, 2020.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY FLORIDA
By: By:
, Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
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Packet Pg. 3440 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District)
Exhibit "A"
Legal Description
[CONTINUED ON FOLLOWING PAGE]
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1 Ad remaining upload 7/07/20
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