Agenda 12/13/2022 Item # 9D (Ordinance - Brightshore Community Development District - PL20220003103)9.D
12/13/2022
EXECUTIVE SUMMARY
Recommendation to consider Adoption of an Ordinance establishing the Brightshore Community
Development District (CDD) pursuant to Section 190.005(2), Florida Statutes. [PL20220003103]
OBJECTIVE: For the Board of County Commissioners (Board) to review and consider a petition for the
establishment of the "Brightshore" Community Development District (CDD) by the adoption of an
Ordinance.
BACKGROUND: The Rural Lands Stewardship Area Overlay District (RLSA) was developed to protect
natural resource areas and agricultural lands. The mechanism to achieve the protection of environmentally
valuable land is the designation of a Stewardship Sending Area (SSA) in exchange for Stewardship
Credits, which are used to entitle the Stewardship Receiving Area (SRA). The companion Brightshore
Village SRA requires 5198.4 credits to entitle 649.8 acres of development. (Note: no credits are required
for the 31.7 acres of public benefit use within the SRA.) The proposed Brightshore CDD will consist of
the entire 681.50± acres of the SRA. The proposed Brightshore SRA was recommended for approval with
conditions by the Collier County Planning Commission (CCPC) by a vote of 5-0 on October 20, 2022.
For more information regarding the conditions of approval, please see companion SRA petition
PL20210001067
CONSIDERATIONS: On May 12, 2022, Hogan Farms, LLC, a Florida Limited Liability Company
("Petitioner") filed a petition with the Growth Management Department, Zoning Division, Comprehensive
Planning Section, for the establishment of the `Brightshore" CDD within the Brightshore Village SRA. A
mandatory $15,000 application fee was submitted with the petition. The establishment of the CDD is
contingent upon the approval of the Brightshore Village SRA.
The proposed District is located entirely within Collier County, Florida, and consists of 681.50+ acres of
land within the Brightshore SRA. The site is located in Sections 18 and 19, Township 47, and Range 28.
A map showing the location of the land area to be serviced by the District appears as Exhibit "1" to the
petition. A metes and bounds description of the proposed CDD can be found in Exhibit "2" of the
petition and as to the Ordinance establishing the CDD.
The proposed District includes areas planned for up to 2,000 residential units, a maximum of 120,000
square feet of retail and office uses, and 20,000 square feet of civic, government, and institutional uses.
Exhibit "6" of the petition shows the proposed development plan for lands within the District.
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 `Brightshore" Development. This infrastructure, under section 190.012(1), Florida
Statutes, includes basic urban systems, facilities, and services, including roadway improvements,
stormwater management, water and sewer, irrigation, signage, lighting, landscaping, amenity
improvements, public park areas, and an onsite preserve. If adopted, this Ordinance would consent to the
further exercise of certain additional special powers authorized by Section 190.012(2)(d), Florida Statutes,
to plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and maintain systems
and facilities for 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
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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 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
Development Dist., 472 So. 2d 455 (Fla. 1985)). Per Florida Statutes section 190.006(3)(a), after six (6)
years of duration, once the District reaches 250 qualified electors, the positions of two board members
whose terms are expiring shall be filled by qualified electors of the district, elected by the qualified
electors of the district for a 4-year term. The Supervisors are elected on a one -person, one -vote basis by
such qualified 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.
So as 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
boundaries of the District.
Accordingly, if Collier County adopts the Ordinance, then it establishes the `Brightshore" CDD, 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 its
existence Collier County determines by a non -emergency Ordinance that it can provide any one of the
District services more economically, over the long term, at 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 by a non -emergency Ordinance to dissolve
the District.
Section 190.005, Florida Statutes, provides that the exclusive and uniform method for the 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 Commissioner to consider in determining whether to grant or deny a petition for the establishment
of a CDD, as follows:
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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 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 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 petitioners
(attached) relative to these six (6) factors and have found the proposed Brightshore CDD petition to be
compliant with each of the six (6) review factors. Staff analysis relative to the six factors can be found in
Attachment 2.
FISCAL IMPACT: As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit
"10" of the petition 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
$46,600,000 consisting of earthwork, roadway improvements (paving), drainage/stormwater management,
potable water, sanitary sewer, lighting, landscaping, and other improvements. Exhibit "9" of the petition
provides a breakdown of the estimated costs of each activity.
DISTRICT RESPONSIBILITIES: According to the petition, the "Brightshore" CDD, if the Ordinance
is adopted, will assume responsibility for the construction of the following: roadway improvements,
stormwater management, potable water, sanitary sewer, irrigation, signage, lighting, landscaping, amenity
improvements, preserve (on site), and public park. Exhibit "8" of this petition details the funding,
ownership, and operation & maintenance commitment for each item.
"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; (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; and (3) file with the Board of Supervisors any and all
agreements it has with the County. 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.
GROWTH MANAGEMENT IMPACT: The 681.50+ acres of the "Brightshore" CDD is located within
the Rural Lands Stewardship Area Overlay District (RLSA), as depicted on the Collier County Future
Land Use Map. Although the establishment of this District does not constitute any development approval,
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the plan of development of the Brightshore Village SRA has been determined to be consistent with the
Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezoning 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 is approved as to form and legality and requires a majority
vote for Board approval. -DDP
RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed
Ordinance establishing the `Brightshore" Community Development District (CDD).
Prepared by: Rachel Hansen, Planner III, GMCDD, Zoning, Comprehensive Planning
ATTACHMENT(S)
1. [Linked] Attachement 1 - Brightshore CDD Establishment Petition (PDF)
2. Attachment 2 - Six Factor Analysis (PDF)
3. Attachment 3 - Ordinance 11-02-22 (PDF)
4. Pre -Filed Testimony 11-28-22 (PDF)
5. Ad 11.18.22 (PDF)
6. Ad 11.25.22 (PDF)
7. Ad 12.02.22 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.13
Doc ID: 23869
Item Summary: *** This Item to be heard no sooner than 1:00 PM. *** Recommendation to consider Adoption
of an Ordinance establishing the Brightshore Community Development District (CDD) pursuant to Section
190.005(2), Florida Statutes. (Companion Item to be heard at the same time as Items 9A, 1113, and 11C)
[PL20220003103]
Meeting Date: 12/13/2022
Prepared by:
Title: Zoning
Name: Rachel Hansen
11/07/2022 3:57 PM
Submitted by:
Title: Zoning Director — Zoning
Name: Mike Bosi
11/07/2022 3:57 PM
Approved By:
Review:
Growth Management Department
Zoning
Zoning
County Attorney's Office
Growth Management Department
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Diane Lynch
Growth Management Department
James Sabo
Additional Reviewer
Mike Bosi
Division Director
Derek D. Perry
Level 2 Attorney Review
James C French
Growth Management
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Debra Windsor
Level 3 OMB Gatekeeper Review
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
11/15/2022 11:46 AM
Completed
11/16/2022 2:42 PM
Completed
11/17/2022 2:41 PM
Completed
11/21/2022 3:51 PM
Completed
11/23/2022 3:59 PM
Completed
11/28/2022 10:15 AM
Completed
11/28/2022 2:12 PM
Completed
12/01/2022 8:39 AM
Completed
12/07/2022 11:24 AM
12/13/2022 9:00 AM
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ATTACHMENT 2
STAFF ANALYSIS RELATIVE
TO THE SIX (6) FACTORS
FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION
FOR BRIGHTSHORE CDD
Background:
Section 190.005, Florida Statutes, outlines the specific content required in a Community
Development District (CDD) 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 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.
Comprehensive Planning staff has reviewed the six factors referenced above and makes the
following findings with regard to the proposed Brightshore Community Development District:
1. Whether all statements contained within the petition have been found to be true and
correct.
Comprehensive Planning Department staff, along with the staffs of the County Attorney's Office,
has reviewed the referenced Community Development District petition. Based upon the review
of the petition and sufficiency information, staff believes that the information found within these
documents is substantially 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.
The Brightshore Stewardship Receiving Area (SRA) petition is a companion item to this CDD
petition. The proposed Brightshore SRA was recommended for approval with conditions by the
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Collier County Planning Commission (CCPC) by a vote of 5-0 on October 20, 2022. For more
information regarding the conditions of approval, please see companion SRA petition
PL20210001067. As part of the review and approval process of the SRA, the development was
found by Comprehensive Planning staff to be consistent with the Growth Management Plan.
The entire SRA is located within the Rural Lands Stewardship Area Overlay District (RLSA) on
the Collier County Future Land Use Map. The proposed CDD would be a unit of local
government established specifically for the purpose of carrying out the proposed development
and commitments of the Brightshore SRA. The CDD does not authorize any form or amount of
development not previously approved by the Board of County Commissioners. Therefore, staff
finds that the establishment of the CDD is consistent with the Collier County Growth
Management Plan.
As to consistency with the State Comprehensive Plan, the County staff notes that the CDD
process is established within Section 190 of the Florida Statutes. The petitioner has not deviated
from the standard process, as established by the Statute. Section 187.201, Florida Statutes,
contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for
Governmental Efficiency, which reads as follows:
" Goal. --Florida governments shall economically and efficiently provide the amount and
quality of services required by the public."
Policy 2 within this goal area reads as follows:
"2. Allow the creation of independent special taxing districts which have uniform
general law standards and procedures and do not overburden other governments and their
taxpayers while preventing the proliferation of independent special taxing districts which do not
meet these standards."
As an "independent special taxing district", the proposed CDD is consistent with the State
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.
The proposed Brightshore Community Development District, if approved, would be within the
size range of several other CDDs within Collier County at 681.50± acres. For instance, the
Naples Reserve CDD comprises 688.10± acres, while the Verona Walk CDD comprises 785.00±
acres. Based upon previous experience and the subsequent success of other Collier County
CDDs, Comprehensive Planning Department staff believes that the Brightshore Community
Development District meets the above criteria.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
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As noted within Exhibit 10 ("Statement of Estimated Regulatory Costs") of the CDD petition,
there are numerous alternatives available for the provision of infrastructure and services by and
for an approved development. These include but are not limited to the following: private funding
procured by the developer; establishment of a homeowners association; establishment of a
Municipal Services Taxing Unit (MSTU); establishment of a Municipal Services Benefit Unit
(MSBU); establishment of a Community Improvement District (limited to drainage and
irrigation related improvements); establishment of a County -managed special purpose district;
or, direct County management. All of these alternative options have various legal, financial or
other limitations on their operations or do not provide a focused, compact approach to the
provision of infrastructure and services. Therefore, staff finds that establishment of the proposed
CDD is the best alternative available for delivering community development services and
facilities to the area that will be served by the proposed 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.
The proposed CDD cannot develop any facilities and services that are incompatible with the
surrounding area. This is because the CDD's sole purpose is to implement conditions and
developer commitments that are part of the SRA approvals. The District Board of Supervisors
will not have the legal authority to implement any facilities, services or development that would
be inconsistent with its existing development approvals.
6. Whether the area that will be served by the district is amenable to separate special -
district government.
Based upon staff findings concerning the previous five criteria, Comprehensive Planning
Department staff finds that the subject area for the proposed CDD is amenable to special district
government. Furthermore, staff recommends that the Board of County Commissioners adopt the
Ordinance, as contained in Attachment 1, establishing the Brightshore Community Development
District.
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9.D.3
ORDINANCE NO.2022 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE BRIGHTSHORE
COMMUNITY DEVELOPMENT DISTRICT LOCATED IN
UNINCORPORATED COLLIER COUNTY AND CONTAINING
APPROXIMATELY 681.45+/- ACRES; PROVIDING FOR THE
AUTHORITY FOR ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE BRIGHTSHORE
COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE
DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING FOR
THE DISTRICT NAME; PROVIDING 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 Alyssa C. Willson, Esq. of Kutak Rock LLP, on behalf of Petitioner, Hogan
Farms, LLC, a Florida limited liability company, has petitioned the Board of County
Commissioners of Collier County, Florida ("Board"), a political subdivision of the State of Florida,
to establish the Brightshore 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 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.
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5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special -district
government; and
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 sections 190.012(2)(a) and (2)(d), Florida Statutes, in connection
with the establishment of the proposed community development district, the petition further seeks
the 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.
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SECTION TWO: ESTABLISHMENT OF THE BOUNDARIES FOR THE
BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT.
The Brightshore 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. Nick Casalanguida
2600 Golden Gate Parkway
Bonita Springs, FL 34134
3. Amanda Maurizi
2600 Golden Gate Parkway
Bonita Springs, FL 34134
5. Amy Qunell
2600 Golden Gate Parkway
Bonita Springs, FL 34134
SECTION FOUR: DISTRICT NAME
2. John Cheffy
2600 Golden Gate Parkway
Bonita Springs, FL 34134
4. Cee Cee Marinelli
2600 Golden Gate Parkway
Bonita Springs, FL 34134
The community development district herein established shall henceforth be known as the
"Brightshore Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Brightshore 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 Brightshore 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. Further, the Board hereby
consents to the exercise by the Board of Supervisors of the District of the special powers set forth
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in sections 190.012(2)(a) and (2)(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 educational uses; and (ii)
security, including, but not limited to, guardhouses, fences and gates, electronic intrusion -detection
systems, and patrol cars, when 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.
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
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9.D.3
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 13th day of December 2022.
ATTEST:
CRYSTAL K. KINZEL, CLERK
In
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk William L. McDaniel, Jr., Chairman
Approved as to form and legality:
Derek D. Perry' ti
Assistant County Attorney
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BEFORE THE COUNTY COMMISSION
COLLIER COUNTY, FLORIDA
IN RE: Petition to Establish Brightshore )
Community Development District )
AFFIDAVIT ADOPTING WRITTEN, PRE -FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, David Genson ("Affiant"), being first duly sworn, do hereby state for my affidavit as
follows:
l . I have personal knowledge of the matters set forth in this affidavit.
2. My name is David Genson and I am the President of Development at Barron Collier
Companies.
3. The prepared written, pre -filed testimony consisting of two (2) pages submitted
under my name to the County Commission of Collier County relating to the Petition to Establish
("Petition") the Brightshore Community Development District ("District") and attached hereto, is
true and correct.
4. If I were asked the questions contained in the pre -filed testimony orally at the
District establishment hearing, my oral answers would be the same as the written answers
presented in my pre -filed testimony.
5. My credentials, experience and qualifications concerning land development and the
construction of public infrastructure as a professional engineer and related matters are accurately
set forth in my pre -filed testimony.
6. No corrections or amendments to my pre -filed testimony are required.
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BEFORE THE COUNTY COMMISSION
COLLIER COUNTY, FLORIDA
IN RE: Petition to Establish Brightshore )
Community Development District )
AFFIDAVIT ADOPTING WRITTEN, PRE -FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, Christopher O. Scott, AICP, ("Affiant"), being first duly sworn, do hereby state for my
affidavit as follows:
1. I have personal knowledge of the matters set forth in this affidavit.
2. My name is Christopher O. Scott and I am the Planning Manager at Peninsula
Improvement Corp. (d/b/a Peninsula Engineering), and am certified by the American Institute of
Certified Planners (AICP)
3. The prepared written, pre -filed testimony consisting of three (3) pages submitted
under my name to the County Commission of Collier County relating to the Petition to Establish
("Petition") the Brightshore Community Development District ("District") and attached hereto, is
true and correct.
4. If I were asked the questions contained in the pre -filed testimony orally at the
District establishment hearing, my oral answers would be the same as the written answers
presented in my pre -filed testimony.
5. My credentials, experience and qualifications concerning land development as a
planner and related matters are accurately set forth in my pre -filed testimony.
6. No corrections or amendments to my pre -filed testimony are required.
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Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are
true and correct to the best of my knowledge and belief.
Executed this C6""-1day of November 2022.
C is*her O. Scott, AICP
SWORN TO and SUBSCRIBED before me by means of D'physical presence or O online
notarization, this ,OTC day of November 2022 by the Affiant.
Pu'•..
:'iY
?° •����
'� 03
KIM D. DAVIDSON
Notary Public • State of Florida
Commission y HH 2O1826
(Official _Notary Signature)
My Comm. Expires Feb 19, 2026
Nye' � i `I� �
Bonded through National Notary Assn.
Personally Known
[notary seal]
OR Produced Identification
Type of Identification
Packet Pg. 218
I TESTIMONY OF CHRIS SCOTT, AICP, FOR ESTABLISHMENT OF
2 BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT
3
4 1. Please state your name and business address.
5
6 My name is Chris Scott. My business address is 2600 Golden Gate Parkway, Naples, Florida
7 34105.
8
9 2. By whom are you employed and in what capacity?
10
11 I am employed by Peninsula Improvement Corp. (d/b/a Peninsula Engineering) as a Planning
12 Manager.
13
14 3. And what is the nature of your firm's business?
15
16 Land development civil engineering, consulting and project management.
17
18 4. Please describe your experience and credentials, including your current employment.
19
20 I have been employed and working as a professional planner in both the public and private sectors
21 since 1998; the last fifteen years in southwest Florida. My job responsibilities include consulting
22 services for zoning entitlement work, including zoning and comprehensive plan amendments,
23 planned unit developments, special exception and conditional use permit applications, variance
24 petitions, land and site plan analysis and project management.
25
26 5. Please provide your professional background, with degrees earned, major areas of study,
27 year of degree, and institutions attended.
28
29 I graduated from Virginia Tech with a BA in Urban Affairs and Planning in 1997.
30
31 6. Do you hold any professional designations or certifications?
32
33 I became certified by the American Institute of Certified Planners (AICP) in 2001 and am
34 recognized as an Advanced Professional by the US Green Building Council (LEED AP .
35
36 7. Are you a member of any professional associations?
37
38 Yes. I am a member of the of the American Planning Association and the Florida Planning and
39 Zoning Association (FPZA)
40
41 8. Prior to your current employment, by whom were you employed and in what position?
42
43 Prior to Peninsula Engineering I was a Planning Manager with the Development Review Division
44 of Collier County's Growth Management Department (2011-2019), a Principal Planner with
45 RWA, Inc. (2007-2011), a Senior Planner with the Town of Knightdale, North Carolina (2003-
Page 1 of 3
Packet Pg. 219
1 2007), the Neighborhood Planner for the City of Charleston, West Virginia (1999-2003) and a
2 Planner with Kanawha County, West Virginia (1998-1999).
3
4 9. Are you familiar with the Petition to establish the Brightshore Community Development
5 District ("Brightshore CDD")?
6
7 Yes. I assisted the consultant team in preparation of attachments to the Petition as well as the
8 overall Brightshore project.
9
10 10. Do you have an opinion, as someone experience in planning, as to whether the
11 establishment of the proposed Brightshore CDD is inconsistent with any applicable element
12 or portion of the State Comprehensive Plan?
13
14 Yes.
15
16 11. What is your opinion?
17
18 It is my opinion that the establishment of the District is not inconsistent with any applicable
19 element or portion of the State Comprehensive Plan.
20
21 12. What is the basis of your opinion?
22
23 1 have reviewed, from a planning perspective, applicable portions of the State Comprehensive Plan
24 that relate to the establishment of a community development district.
25
26 The State of Florida Comprehensive Plan, (Chapter 187, Florida Statutes), "provides long-range
27 policy guidance for the orderly social, economic, and physical growth of the state." The State Plan
28 sets forth 25 subjects, goals, and numerous policies. Three subjects are particularly relevant, from
29 a planning perspective, to the establishment of the District: No. 15- Land Use, No. 20-
30 Governmental Efficiency, and No. 25- Plan Implementation.
31
32 13. What is Subject 15 and why is it relevant?
33
34 This goal recognizes the importance of locating development in areas that have the resources, fiscal
35 abilities and service capacity to accommodate growth. Community development districts are
36 designed to provide services and facilities in a fiscally responsible manner to areas that can
37 accommodate development. The proposed district will be a vehicle to provide a high quality of
38 infrastructure facilities and services in an efficient and focused manner at sustained levels over the
39 long term life of the community.
40
41 14. What is Subject 20 and why is it relevant?
42
43 This goal recognizes the importance of Florida governments economically and efficiently
44 providing the amount and quality of services required by the public. The establishment of the
45 proposed district would economically and efficiently provide the infrastructure, facilities and
46 services necessary for community development within its boundaries.
Page 2 of 3
Packet Pg. 220
2 15. You also mentioned Subject 25. What is this and why is it relevant?
4 This subject calls for systematic planning capabilities to be integrated into all levels of government
5 throughout the state, with particular emphasis on improving inter -governmental coordination and
6 maximizing citizen involvement. The proposed district will operate through a separate and distinct
7 Board of Supervisors (the "Board") who will systematically plan the construction, operation and
8 maintenance of public improvements and community facilities authorized under Chapter 190,
9 Florida Statutes, subject to and not inconsistent with the local government comprehensive plan
10 and land development regulations. Further, meetings held by the Board are publicly advertised
11 and open to the public.
12
13 16. Are there any other subjects within the State Comprehensive Plan which are relevant?
14
15 Yes. Subject 17, which addresses public facilities, is also relevant. The goal of Subject 17 is to
16 finance new facilities in a timely, orderly and efficient manner. In particular, Policy 3 states that
17 the cost of new public facilities should be allocated to existing and future residents on the basis of
18 the benefits received. Policy 6 also encourages the identification and implementation of innovative
19 but fiscally sound and cost-effective techniques for financing public facilities. Establishment of
20 the proposed district will further this goal and related policies.
21
22 17. Do you have an opinion, as someone with expertise in planning, as to whether the
23 establishment of Brightshore CDD is inconsistent with any applicable element or portion of
24 the Collier County Comprehensive Plan?
25
26 Yes.
27
28 18. What is your opinion?
29
30 It is my opinion that the establishment of the proposed district is not inconsistent with any
31 applicable element or portion of the Collier County Comprehensive Plan (Growth Management
32 Plan, GMP). My opinion is based upon years of experience working with and reviewing the Collier
33 GMP (including the most current amendments), including for purposes of this project, and there
34 not being any provisions that would render the establishment of a community development district
35 inconsistent therewith. Furthermore, Chapter 190, Florida Statutes, prohibits a community
36 development district from acting in a way that is inconsistent with the local government's
37 comprehensive plan, and the exercising of any power must be done with the comprehensive plan
38 in mind.
39
40 19. Does this conclude your testimony?
41
42 Yes.
Page 3 of 3
Packet Pg. 221
9.D.4
BEFORE THE COUNTY COMMISSION
COLLIER COUNTY, FLORIDA
IN RE: Petition to Establish Brightshore )
Community Development District )
AFFIDAVIT ADOPTING WRITTEN, PRE -FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, G. Russell Weyer ("Affiant"), being first duly sworn, do hereby state for my affidavit as
follows:
Inc.
1. I have personal knowledge of the matters set forth in this affidavit.
2. My name is G. Russell Weyer and I am the President of Real Estate Econometrics,
3. The prepared written, pre -filed testimony consisting of eight (8) pages submitted
under my name to the County Commission of Collier County relating to the Petition to Establish
("Petition") the Brightshore Community Development District ("District") and attached hereto, is
true and correct.
4. If I were asked the questions contained in the pre -filed testimony orally at the
District establishment hearing, my oral answers would be the same as the written answers
presented in my pre -filed testimony.
5. My credentials, experience and qualifications concerning land development and the
construction of public infrastructure as a professional engineer and related matters are accurately
set forth in my pre -filed testimony.
6. No corrections or amendments to my pre -filed testimony are required.
Packet Pg. 222
9.D.4
Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are
true and correct to the best of my knowledge and belief.
Executed this'1 300 day of November 2022.
G. Russel eyer
SWORN TO and SUBSCRIBED before me by means of (PThysical presence or O online
notarization, this 23,__ day of November 2022 by the Affiant.
(Official Not "Signature
Name: q-c YV\
Personally Known
[notary seal] OR Produced Identification
Type of Identification '�:l • A
ROSAM. NOLASCO
MY COMMISSION # GG 351215
EXPIRES: July 2, 2023
�'r;;oF F;;°c'� Bontled Thru Notary Public Underwriters
Packet Pg. 223
9.D.4
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TESTIMONY OF RUSSELL WEYER, FOR ESTABLISHMENT OF
BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT
Please state your name and business address.
My name is G. Russell Weyer. My business address is 707 Orchid Drive, Suite 100, Naples,
Florida 34102.
2. By whom are you employed and in what capacity?
I am the President of Real Estate Econometrics, Inc.
3. And what is the nature of your firm's business?
Real Estate Econometrics, Inc. is a full -service consulting firm specializing in financial, economic
and fiscal analysis and implementation for public and private entities.
4. Please describe your experience and credentials, including your current employment.
I have been working in the real estate field for over 42 years in many capacities from the
development and consulting sides. I currently manage four (4) community development districts
and I have personally managed three other CDDs while working for another company. In addition,
I have provided and continue to provide assessment calculation services to more than 25
community development districts, counties and fire districts. I have also served on one community
development district as a supervisor.
5. Please describe your educational background, with degrees earned, major areas of study,
year of degree, institutions attended.
I have a Bachelor of Arts in Communication from Michigan State University. Additionally, I
received a Masters in Business Administration from the University of Miami, Coral Gables,
Florida.
6. Do you hold any professional designations or certifications?
I am an accredited public relations professional with the Florida Public Relations Association.
7. Are you a member of any professional association?
I am a full member of the Urban Land Institute ("ULI"). ULI provides leadership in the responsible
use of land and in creating and sustaining thriving communities worldwide. ULI is an independent
global nonprofit supported by members representing the entire spectrum of real estate development
and land use disciplines.
Page 1 of 8
Packet Pg. 224
I I am also a member of the ULI Southwest Florida District Council Executive Committee and have
2 served as chairman of this district council. In addition, I have been a member of the Public/Private
3 Sector Gold Flight Product Council at the national level.
4
5 8. Prior to your current employment, by whom were you employed and in what position?
6
7 I managed the Naples office of Fishkind & Associates, Inc., Orlando, Florida as a Senior Associate
8 for almost 10 years.
9
10 9. Have you previously worked with other CDD petitions? Have you previously prepared a
11 Statement of Regulatory Costs ("SERC")?
12
13 Yes, I have.
14
15 10. Have you ever been qualified as an expert in the preparation of such testimony regarding
16 Community Development Districts?
17
18 Yes, I have.
19
20 11. Please summarize your previous work experience relating to CDDs and special districts
21 in general?
22
23 I currently manage four community development districts and I have personally managed three
24 other CDDs while working for another company. In addition, I have provided and continue to
25 provide assessment calculation services to more than 25 community development districts, Florida
26 counties and fire districts. I have also served on one community development district as a
27 supervisor.
28
29 12. Where in Florida are the districts with which you have worked?
30
31 Ave Maria Stewardship Community District, Naples, Florida
32 Big Cypress Stewardship Community District, Naples, Florida
33 Fiddler's Creek Community Development District, Naples, Florida
34 City Gate Community Development District, Naples, Florida
35 Artesia Community Development District, Naples, Florida
36 Hacienda Lakes Community Development District, Naples, Florida
37 Fifth Avenue South Business Improvement District, Naples, Florida
38 Tuscany Reserve Community Development District, Naples, Florida
39 Cypress Shadows Community Development District, Estero, Florida
40 Paseo Community Development District, Fort Myers, Florida
41 Upper Captiva Fire/Rescue District, Captiva, Florida
42 City of LaBelle Recreational Assessment, LaBelle, Florida
43 Waterford Estates Community Development District, Punta Gorda, Florida
44 Heritage Harbour South Community Development District, Bradenton, Florida
45 Tidewater Reserve Community Development District, Bradenton, Florida
46 Toscana Community Development District, Sarasota, Florida
Page 2 of 8
Packet Pg. 225
9.D.4
1 Hillsborough County Dredging Assessment, Hillsborough County, Florida
2 Downtown Doral Community Development District, Doral, Florida
3 Islands at Doral Community Development District, Doral, Florida
4 Monterra Community Development District, Cooper City, Florida
5 Palace at Coral Gables Community Development District, Coral Gables, Florida
6 Seminole Improvement District, Loxahatchee, Florida
7 Martin County Dredging Assessment, Martin County, Florida
8 One Daytona Community Development District, Daytona Beach, Florida
9 Capital Community Development District, Tallahassee, Florida
10 Vista Lakes Community Development District, Orlando, Florida
11 Stevens Plantation Community Development District, Orlando, Florida
12 Gateway Community Development District, Fort Myers, Florida
13 Cheval West Community Development District, Tampa, Florida
14 Quarry Community Development District, Naples, Florida
15 Renaissance Community Development District, Fort Myers, Florida
16 Port of the Islands Improvement District, Naples, Florida
17 Fiddler's Creek Community Development District, Naples, Florida
18 Tampa Palms Community Development District Areas 3 & 6, Tampa, Florida
19 Fronterra Community Development District, Naples, Florida
20 Hacienda North Community Development District, Naples, Florida
21
22 13. Please list the proceedings in which you have been qualified as an expert witness
23 regarding the establishment (including contractions and/or additions to) of CDDs and the
24 operation and management of CDDs.
25
26 Fiddler's Creek Community Development - District Scrivener's Error on Boundary
27 Ave Maria Stewardship Community District - Bond Validation
28 Hacienda Lakes Community Development District - Bond Validation
29 Cypress Shadows Community Development District - Bond Validation
30 City Gate Community Development District — Collier County Commission Meeting
31
32 14. Do you consider yourself and expert in economic analysis and forecasting in regard to
33 CDDs?
34
35 Yes.
36
37 15. Are you familiar with the geographical areas, type, and scope of development and the
38 available services and facilities within the Brightshore CDD?
39
40 Yes.
41
42 16. Are you familiar with the Petition filed to establish the Brightshore CDD?
43
44 Yes. I have reviewed the Petition to Establish the Brightshore Community Development District
45 which was filed with Collier County (the "County") on April 11, 2022, along with its attached
46 exhibits, and was supplemented on September 15, 2022.
Page 3 of 8
Packet Pg. 226
1
2 17. What has been your role with respect to the Petition to Establish ("Petition") Brightshore
3 Community Development District ("Brightshore CDD)?
4
5 I prepared the Statement of Estimated Regulatory Costs, or SERC, in accordance with Section
6 120.541(2), Florida Statutes, which is a requirement for the establishment of community
7 development districts. The SERC is attached to the Petition as Exhibit 10.
8
9 18. Please generally describe each of the exhibits attached to the Petition.
10
11 Exhibit 1 is the map showing the general location of the proposed district.
12
13 Exhibit 2 is the metes and bounds description of external boundaries of the proposed district.
14
15 Exhibit 3 is the Landowner Consent and Joinder to Establishment executed by Hogan Farms, LLC,
16 which represents the consent of one hundred (100%) percent of the owners of the lands to be
17 included within the proposed district.
18
19 Exhibit 4 contains a map depicting the existing land uses within and abutting the proposed district.
20
21 Exhibit 5 contains a map depicting future general distribution, location and extent of public and
22 private land uses within the proposed district.
23
24 Exhibit 6 contains a map depicting the proposed development plan for the lands within the
25 proposed district.
26
27 Composite Exhibit 7 consists of maps depicting the existing and proposed major trunk water
28 mains, sewer connections, and drainage systems in and around the proposed district.
29
3o Exhibit 8 provides a list of facilities the proposed district anticipates it will fund, construct and
31 install or acquire. It also identifies the anticipated owner and entity responsible for ultimate
32 maintenance.
33
34 Exhibit 9 provides the estimated costs for constructing the proposed district improvements.
35
36 Exhibit 10 is the Statement of Estimated Regulatory Costs required by Florida law.
37
38 Exhibit 11 is the authorization of agent form which authorizes Alyssa Willson to act as an agent
39 for the Petitioner.
40
41 19. Are the contents of the Petition and the exhibits attached to it true and correct to the best
42 of your knowledge as of the date your prepared testimony is filed?
43
44 Yes.
45
Page 4 of 8
Packet Pg. 227
1 20. Why is Hogan Farms, LLC petitioning for an ordinance to establish the Brightshore
2 CDD?
3
4 There are hundreds of CDDs throughout the State of Florida. CDDs are an efficient and effective
s way to provide infrastructure and have become accepted in the marketplace of homebuyers. CDDs
6 have the ability to assist in the streamlined and efficient maintenance and operation of
7 infrastructure and services to developing communities.
8
9 From my perspective, the establishment of a CDD is logical for this project. It provides a long-
10 term, stable, financially -secure entity. The proposed district is a structured, formal entity with the
11 legal ability to respond to future changes in the circumstances and desires of its residents. Under
12 Florida law, the proposed district has access to the County's tax collection mechanisms, which
13 helps ensure that the district has the funding necessary to pay the costs of maintenance of the
14 facilities.
15
16 A CDD has the financial capability to assist in the provision of necessary capital improvements
17 sooner than may otherwise be the case. The County, developers, builders and residents will all
18 benefit from these improvements in terms of access, traffic flow, safety and general property
19 enhancement. Additionally, a CDD is the entity preferred by many regulatory agencies, including
20 many water management districts, to operate and maintain the stormwater management and other
21 similar systems. This is because the CDD is a perpetual entity, operating in open meetings, with
22 the financial ability to ensure that the maintenance of these important environmental facilities and
23 amenities is accomplished. Given the nature of this project, in my opinion, a CDD is a logical,
24 prudent, and desirable way to ensure this needed infrastructure is maintained which the Petitioner
25 desires to utilize for providing community development within the boundary of the proposed
26 district.
27
28 Let me ask you a few questions about certain opinions you may have based on your
29 experience in CDD management, real estate development and the development of lands
30 within the Brightshore CDD in particular.
31
32 21. Based on your experience in CDD management, do you have an opinion as to whether
33 the proposed Brightshore CDD is of sufficient size, sufficient compactness, and sufficient
34 contiguity to be developed as a functionally interrelated community?
35
36 Yes. From a management perspective, the area to be included within the proposed district is of
37 sufficient size, compactness and is sufficiently contiguous to be developable as one functional,
38 interrelated community.
39
40 22. What is the basis for your opinion?
41
42 Local governments provide developments with the criteria for the elements of infrastructure to
43 provide for the facilities and services, including stormwater drainage, water, sewer, and other
44 facilities and services. Functional unification means that each provided facility and service has a
45 mutual reinforcing relationship to one another, with each facility and service designed to contribute
46 to the development and maintenance of the community as a whole. Each facility and service must
Page 5 of 8
Packet Pg. 228
I meet the growth and development of the community, so a management capability and a funding
2 source are required for each service and facility. Thus, each of these necessary facilities and
3 services must be integrated, unified, and connected into a long-range plan.
4
s The lands to be included within the proposed district have sufficient significant infrastructure
6 needs to be developable as a functionally interrelated community. This necessary infrastructure
7 can be provided by the proposed district in a cost effective manner based upon the specific design
8 of the community. Furthermore, the use of one development plan whose infrastructure is
9 implemented by a CDD to provide the community services and facilities will ensure that the
10 proposed improvements are provided and maintained in an efficient, functional and integrated
11 manner.
12
13 The purpose of this statutory requirement is to ensure successful and efficient delivery of services
14 and facilities to the property. Based upon my previous experience with special districts, the
15 proposed district is suitably configured to maximize the timely and cost efficient delivery of the
16 necessary services and facilities.
17
18 23. Based on your experience, do you have an opinion as to whether Brightshore CDD is the
19 best alternative available to provide community development services and facilities to the
20 area that will be served?
21
22 Yes.
23
24 24. What is your opinion and the basis for it?
25
26 It is my opinion that the proposed district is the best alternative for delivering community services
27 and facilities to the lands within the proposed district.
28
29 There are three (3) other alternatives for providing the infrastructure for the necessary services and
30 facilities besides the proposed district. The first alternative is for the County or another dependent
31 special district to build the entire infrastructure. In this scenario, the County would be assuming a
32 great deal of responsibility related to the oversight of the day-to-day construction, maintenance,
33 and management of the proposed services and facilities and landowners of these lands. This would
34 increase the burden on County staff, divert resources from other County developments and
35 projects, and indirectly force the residents of the entire County to pay for these development
36 improvements.
37
38 The second alternative is for a developer to provide the proposed improvements using private
39 financing. However, this alternative does not provide any guarantee of a long-term, consistent
40 entity to oversee construction, maintenance, and management of the proposed services and
41 facilities. Also, a private landowner is not subject to the same statutory safeguards that the
42 proposed district, as a public entity, would be subject to, such as public bidding on contracts and
43 public access to meetings and documents.
44
45 The third alternative is a property owners or homeowners association ("POA"). A POA is a long-
46 term, stable entity that may be capable of providing the necessary maintenance of dedicated
Page 6 of 8
Packet Pg. 229
I improvements. However, a POA is not subject to the same statutory safeguards as the proposed
2 district. Further, a POA cannot impose and collect its assessments in the same way as property
3 taxes or special assessments levied by a community development district.
4
5 By comparison to the three (3) alternatives discussed above, the proposed district is the best
6 alternative available to provide for the management and maintenance of various infrastructure
7 improvements. As a special-purpose local government, the proposed district is a stable, long-term
8 public entity capable of maintaining, and managing the necessary infrastructure, facilities, and
9 services. The limited purpose and scope of the proposed district, combined with the statutory
10 safeguards in place, such as notice of public hearings and access to district records, would ensure
11 that the proposed district is responsive to the infrastructure needs of the lands within its boundaries.
12 The proposed district would be able to impose non -ad valorem assessments upon the property
13 within its boundary to fund the cost of construction and/or acquisition, and maintenance of the
14 infrastructure and related services.
15
16 Of the three (3) alternatives discussed above, only a CDD allows for the independent financing,
17 administration, operation and maintenance of the land within the District and allows District
18 property owners to completely control the District Board and, therefore, the timing and extent of
19 infrastructure development.
20
21 25. Based on your experience, do you have an opinion as to whether the services and facilities
22 to be provided by Brightshore CDD will be compatible with the land uses and existing local
23 and regional facilities and services?
24
25 Yes.
26
27 26. What is your opinion and the basis for it?
28
29 It is my opinion that the proposed services and facilities of the proposed district are not
30 incompatible with the capacity and uses of existing local or regional community development
31 services and facilities.
32
33 There is no duplication or overlap of facilities or services because no other entity or unit of
34 government is presently funding or providing the improvements proposed by the Brightshore
35 CDD. Furthermore, the proposed district is an efficient method to maintain and manage the
36 necessary infrastructure improvements within the proposed district without overburdening the
37 County government and its taxpayers.
38
39 27. Based on your experience, do you have an opinion as to whether the area to be included
40 within the Brightshore CDD is amenable to being served by a separate special district
41 government?
42
43 Yes. It is my opinion that the proposed district is amenable to separate special district governance
44 because it is of sufficient size, compactness and contiguity. Thus, the land area is well suited to
45 the provision of the proposed services and facilities.
46
Page 7 of 8
Packet Pg. 230
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28. What is the basis for your opinion?
Based upon my experience with other special districts of similar size and configuration, the area
to be served by the proposed district is amenable to separate special district governance. As I have
already stated, the area within the proposed district is of sufficient size, compactness, and
contiguity to function as one interrelated community. The proposed district is also limited in
purpose and the infrastructure improvements to be provided by the proposed district are limited in
scope. For these reasons, the proposed district is a logical mechanism to oversee the construction
and/or acquisition and maintenance of capital infrastructure improvements necessary for
community development within its boundaries. Accordingly, the lands within the proposed district
have sufficient infrastructure needs and maintenance obligations to warrant a separate special
district government.
Turning to the economic exhibits and opinions, we will begin addressing portion of the
Petition to Establish the Brightshore CDD boundaries that relate to certain economic
analysis matters, including the exhibits and your expert opinions on economic analysis issues.
29. Are you familiar with the SERC?
Yes.
30. How familiar?
I prepared the SERC, attached to the Petition as Exhibit 10.
31. Are there any corrections required?
No.
32. In general terms, please summarize the economic analysis you have presented in the
SERC.
Based on the information provided by the Petitioner and its consultants, I concluded that the
establishment of the proposed district will have little or no adverse impact on affected persons or
entities.
Moreover, there will be little to no costs incurred by individuals and corporations located outside
the boundaries of the proposed district, or any local governments, on account of the establishment
of the proposed district. Property owners within the proposed district will be assessed to fund the
construction and/or acquisition of district infrastructure. However, the special assessments/costs
will not be in addition to normal development costs. Additionally, all of the potential property
owners within the proposed district will buy land within its boundary voluntarily, with knowledge
of the imposition of the special assessments.
33. Please describe briefly the data and methodology you used in preparing the SERC and
related analysis.
Page 8 of 8
Packet Pg. 231
2 The SERC I prepared addresses all the statutory requirements set forth in section 120.541(2),
3 Florida Statutes. The analysis contained in the SERC is based on a straightforward application of
4 economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits.
5 This methodology is commonly used in the industry and is appropriate in this circumstance given
6 our experience with other special districts.
7
8 34. Does this conclude your testimony?
9
10 Yes.
Page 9 of 8
Packet Pg. 232
BEFORE THE COUNTY COMMISSION
COLLIER COUNTY, FLORIDA
IN RE: Petition to Establish Brightshore )
Community Development District )
AFFIDAVIT ADOPTING WRITTEN, PRE -FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, John English, P.E. ("Affiant"), being first duly sworn, do hereby state for my affidavit
as follows:
I have personal knowledge of the matters set forth in this affidavit.
2. My name is John English and I am the President of Engineering at Peninsula
Improvement Corp. (d/b/a Peninsula Engineering), and a Florida Professional Engineer.
3. The prepared written, pre -filed testimony consisting of five (5) pages submitted
under my name to the County Commission of Collier County relating to the Petition to Establish
("Petition") the Brightshore Community Development District ("District") and attached hereto, is
true and correct.
4. If I were asked the questions contained in the pre -filed testimony orally at the
District establishment hearing, my oral answers would be the same as the written answers
presented in my pre -filed testimony.
5. My credentials, experience and qualifications concerning land development and the
construction of public infrastructure as a professional engineer and related matters are accurately
set forth in my pre -filed testimony.
6. No corrections or amendments to my pre -filed testimony are required.
Packet Pg. 233
Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are
true and correct to the best of my knowledge and belief.
Executed this Z 'aay of November 2022.
John English, P.E� ,
SWORN TO and SUBSCRIBED before me by means of &/physical presence or O online
notarization, this Z9fk day of November 2022 by the Affiant.
;•twr a�a:, KIM D. DAVIDSON
?°/•��� : Notary Public - State of Florida
� o Commission x HH 2O1826 (Official Notary Slgriature)
�ovYrti° My Comm. Expires Feb 19, 2026 if `fN �1
Bonded through National Notary Assn. Name: K ,�C1 t, se) r�
Personally Known ✓
[notary seal] OR Produced Identification
Type of Identification
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TESTIMONY OF JOHN ENGLISH, P.E., FOR ESTABLISHMENT OF
BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT
1. Please state your name and business address.
My name is John English. My business address is 2600 Golden Gate Parkway, Naples, Florida
34105.
2. By whom are you employed and in what capacity?
I am employed by Peninsula Improvement Corp. (d/b/a Peninsula Engineering) as a Project
Manager.
3. And what is the nature of your firm's business?
Land development civil engineering, consulting and project management.
4. Please describe your experience and credentials, including your current employment.
I have been a practicing Professional Engineer (P.E.) in SW Florida since 2000, with prior
experience as a Project Engineer from 1995 to 2000. Areas of practice include civil engineering
consulting services for: surface water management systems, master planned community
development, roadway and infrastructure improvements, as well as recreational, commercial and
institutional development. Services include; site plan preparation and analysis, design, permitting
and construction coordination, as well as project management.
5. Please provide your professional background, with degrees earned, major areas of study,
year of degree, and institutions attended.
I graduated from the University of Florida with a BS in Agricultural Engineering. I became a
licensed Professional Engineer, in the civil engineering discipline, in 2000.
6. Do you hold any professional designations or certifications?
I am a Florida licensed Professional Engineer, and a Florida Green Building Coalition LEED AP
7. Are you a member of any professional associations?
Yes. The Florida Engineering Society (FES). I am a Past President of our local Calusa Chapter,
and was selected as the Calusa Chapter Engineer of the Year for 2007-2008.
8. Prior to your current employment, by whom were you employed and in what position?
Prior to Peninsula Engineering I worked approximately 16 years at WilsonMiller Inc/Stantec. At
WilsonMiller I started as a Project Engineer, and was a Senior Project Manager and Principal at
Page 1 of 5
Packet Pg. 235
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the time WilsonMiller was acquired by Stantec. I held a similar position with Stantec, prior to
leaving.
9. Do you consider yourself an expert in civil engineering?
Yes.
10. Please describe your experience with civil engineering relating to community
development districts ("CDDs") and special districts?
I have worked in various capacities for and with CDD's and Special Districts within SW Florida.
While never having held the title of District Engineer, I have worked directly under several District
Engineer's for CDD's and Special Districts, such as Heritage Bay CDD and Verona Walk CDD.
Over the years, I have provided professional engineering services on special projects, as well as
assisted in the preparation of budgets and schedules, and prepared funding requests with
supporting documentation.
11. Do you consider yourself an expert in civil engineering, capable of rendering expert
opinions on CDDs, and specifically on infrastructure for CDD services?
Yes.
12. What has been your role with respect to the Petition to Establish ("Petition") Brightshore
Community Development District ("Brightshore CDD")?
I assisted the Petitioner with the preparation of certain exhibits filed with the Petition filed with
Collier County (the "County") on April 11, 2022, as supplemented on September 15, 2022.
Specifically, Exhibits 1, 2, 4, 5, 6, 7, 8, and 9 were prepared, partially or in their entirety, under
my supervision or direction.
13. Are you familiar with the Petition filed to establish Brightshore CDD?
Yes, I am familiar with the Petition as I have assisted in its preparation, as discussed in more detail
in Question #12 above.
14. Have you reviewed the contents of the Petition?
Yes.
15. Are there any changes or corrections to the Petition at this time?
No.
16. Are there any changes or corrections to any of the exhibits attached to the Petition at this
time?
Page 2 of 5
Packet Pg. 236
I No.
2
3 17. Are you generally familiar with the geographical areas, type, and scope of development
4 and the available services and facilities within the Brightshore CDD?
5
6 Yes, I am.
7
8 18. Please provide us with a brief description of Brightshore CDD boundaries and location?
9
10 The proposed district is generally located north of Immokalee Road, west of Everglades
11 Boulevard, and east of Redhawk Lane in unincorporated Collier County, and contains
12 approximately 681.45 acres.
13
14 19. Please describe Exhibit 1 (i.e., location map); Exhibit 2 (i.e., sketch and metes and bounds
15 legal description of the boundaries of District); and Exhibit 7 (i.e., map of the proposed
16 stormwater sewer interceptors and outfalls, map of proposed water mains and force mains,
17 and the map of the existing infrastructure) of the Petition.
18
19 Exhibit 1 is the map showing the general location of the proposed district.
20
21 Exhibit 2 is the metes and bounds description of external boundaries of the proposed district.
22
23 Composite Exhibit 7 consists of maps depicting the existing and proposed major trunk water
24 mains, sewer connections, and drainage systems in and around the proposed district.
25
26 20. Are the contents of the Petition and exhibits attached to it true and correct to the best of
27 your knowledge as of the date your prepared testimony is filed?
28
29 Yes.
30
31 Let me ask you a few questions about certain opinions you may have based on your
32 experience with CDDs, civil engineering, real estate development, and the development of
33 lands within Brightshore CDD in particular.
34
35 21. Based on your experience, do you have an opinion as to whether the proposed Brightshore
36 CDD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as
37 a functionally interrelated community?
38
39 Yes.
40
41 22. What is your opinion?
42
43 Based on my experience, the proposed district is of sufficient size, compactness and contiguity to
44 be developed as one functional interrelated community.
45
46 23. What is the basis for your opinion?
Page 3 of 5
Packet Pg. 237
2 For many reasons the proposed district facilities can be provided in an efficient, functional and
3 integrated manner. First, there are sufficient, significant infrastructure needs for the area within
4 the proposed district to allow development as a functionally interrelated community. Second, the
5 specific design of the community allows infrastructure to be provided in a cost effective manner.
6 The land included within the proposed district area is contiguous, which facilitates an efficient and
7 effective planned development. Third, the provision of services and facilities through the use of
8 one development plan provides a contiguous and homogenous method of providing services to
9 lands throughout the proposed district.
10
11 24. Based on your experience, do you have an opinion as to whether Brightshore CDD is the
12 best alternative available to provide community development services and facilities to the
13 area that will be served?
14
15 Yes.
16
17 25. What is your opinion and the basis for it?
18
19 It is my opinion that the proposed district is the best available alternative for providing the
20 proposed services and facilities to the land to be included within its boundaries. There would be
21 three (3) alternatives to the establishment of the proposed district. First, the County could perhaps
22 provide the selected facilities. The second and third alternatives would be for either the developer
23 or a homeowners' or property owners' association to provide the infrastructure using private
24 financing.
25
26 By comparison of the alternatives referenced above, from a planning perspective, the proposed
27 district is the best alternative available to provide the necessary infrastructure improvements. As
28 a special-purpose "local government," the proposed district is a stable, long-term public entity
29 capable of constructing, maintaining and managing the proposed elements of infrastructure of the
30 necessary facilities and services. The limited purpose and scope of the District, combined with
31 the statutory safeguards in place, such as notice of public hearings and access to district records,
32 would ensure that the proposed district is responsive to the infrastructure needs of the proposed
33 district. The proposed district would be able to obtain low-cost financing to provide the necessary
34 improvements and then impose special or non -ad valorem assessments upon the property owners
35 within the District to fund the infrastructure.
36
37 Only a CDD allows for the independent financing, administration, operations and maintenance of
38 the land within its boundaries. Only a CDD allows property owners, and eventually residents, to
39 completely control the CDD board and, therefore, the timing and extent of infrastructure
40 improvement and maintenance. Knowing when, where and how infrastructure will be needed to
41 service the projected population of an area allows for the smooth delivery of those facilities. The
42 proposed district exceeds other available alternatives by focusing attention to when, where and
43 how the next system of infrastructure will be required for this specific area. This results in a full
44 utilization of existing facilities before new facilities are constructed. It reduces the delivered cost
45 to the citizens being served. All other alternatives do not have these characteristics.
46
Page 4 of 5
Packet Pg. 238
1 26. Based on your experience, do you have an opinion as to whether the services and facilities
2 to be provided by Brightshore CDD will be compatible with the uses and existing local and
3 regional facilities and services?
4
5 Yes.
6
7 27. What is your opinion and the basis for it?
8
9 It is my opinion that the proposed services and facilities of the proposed district will not be
10 incompatible with the capacity and uses of existing local or regional community development
11 services and facilities. Currently, none of the planned infrastructure improvements that the
12 proposed district plans to provide exist on the subject property in a manner that is useful to the
13 proposed development. Each of the elements of planned infrastructure necessary for the proposed
14 district will connect into the County's existing, surrounding infrastructure systems according to
15 criteria, review and approval of the County. Accordingly, there will be no incompatibility issue.
16
17 28. Based on your experience, do you have an opinion as to whether the area to be included
18 within Brightshore CDD is amenable to being served by a separate special district
19 government?
20
21 Yes. In my opinion, and to the best of my knowledge, the area identified in the Petition is amenable
22 to being served by a separate special district government.
23
24 29. What is the basis for your opinion?
25
26 The proposed district is limited in purpose and the infrastructure improvements to be provided by
27 the proposed district are limited in scope. This infrastructure is expected to directly benefit the
28 development and will be adequately served by a special district government. In addition, special
29 district governance provides a mechanism whereby long-term maintenance obligations can be
30 satisfied by the persons primarily using the facilities and services.
31
32 30. Does this conclude your testimony?
33
34 Yes.
35
Page 5 of 5
Packet Pg. 239
Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are
true and correct to the best of my knowledge and belief.
Executed this Z `' day of November 2022.
avid Genson
SWORN TO and SUBSCRIBED before me by means of ['physical presence or O online
notarization, this :'d day of November 2022 by the Affiant.
(Official Notary Signature)
Name: �., �„ :k ,A
Personally Known
[notary seal] OR Produced Identification
Type of Identification
SA$INAE. FIARQY
.g t My COMMISSION # GG 287225
_^,,Q= EXPIRES: January 14.2623
;°de i Borded Thru Nu4W Public Underffftm
Packet Pg. 240
9.D.4
I TESTIMONY OF DAVID GENSON, FOR ESTABLISHMENT OF
2 BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT
4 1. Please state your name and business address.
6 My name is David Genson. My business address is 2600 Golden Gate Parkway, Naples, Florida
7 34105.
9 2. By whom are you employed and in what capacity?
10
11 I am employed by Barron Collier Companies as President of Development.
12
13 3. Please describe your duties in this position.
14
15 My duties with Barron Collier Companies include managing numerous land development
16 projects from conceptual design through completion. In addition, I am responsible for the
17 management of Barron Collier's engineering group, Peninsula Engineering, their environmental
18 services group, Collier Environmental Services, and their private water and wastewater utility,
19 Ave Maria Utility Company. Additionally, I participate as part of the Barron Collier team who
20 manages all the company's land purchases, sales, and land leases.
21
22 4. Please describe your experience and credentials, including your current employment.
23
24 I am a 1993 graduate from the University of Wisconsin -Milwaukee with a Bachelor of Science in
25 Engineering, and graduated in 2003 from Florida Gulf Coast University with a Master of Business
26 Administration. I am also a Registered Professional Engineer with the State of Florida.
27
28 From 1993 to 1999,1 was employed as a Project Engineer with engineering consulting companies,
29 initially in Wisconsin, and then in Florida. From 1999 to 2003, 1 was employed as a Project
30 Manager for Grey Oaks Development Corporation. From 2003 to 2010, 1 was employed as a
31 Project Manager for Peninsula Improvement Corporation (PIC), and was primarily responsible for
32 the management of all land development activities and utility plant construction associated with
33 the development of the town of Ave Maria. From 2010 to 2018, I was employed as Vice President
34 of Land Development with the same responsibilities and in 2018, 1 was promoted to President of
35 Development for Barron Collier Companies.
36
37 5. How long have you held this position?
38
39 Four (4) years; however, my employment with PIC and PIC affiliated entities goes back to 1999.
40
41 6. Are you generally familiar with the geographic areas, type, and scope of development and
42 the available services and facilities within the proposed Community Development District to
43 be known as Brightshore Community Development District?
44
45 Yes, I am familiar with the general area and the site specifically, as well as the scope of proposed
46 services and facilities within the proposed district.
Page 1 of 2
Packet Pg. 241771
9.D.4
1 7. Please describe your involvement with the Petition for an Ordinance to Establish the
2 Brightshore Community Development District ("Petition")?
3
4 I assisted in the preparation of the Petition and its accompanying exhibits, which were filed with
5 Collier County on April 11, 2022, and supplemented on September 15, 2022.
6
7 8. Have you reviewed the contents of the Petition?
8
9 Yes.
10
11 9. Are there any changes or corrections to any of the Exhibits attached to the Petition at this
12 time?
13
14 No.
15
16 10. Are the contents of the Petition and Exhibits true and correct to the best of your
17 knowledge?
18
19 Yes, they are.
20
21 11. In response to this Petition, what action has Collier County taken?
22
23 To date, the County has prepared and circulated a draft ordinance approving the establishment of
24 the proposed district for review and comment. Additionally, the County has coordinated with the
25 Petitioner in the preparation and publication of an advertisement relative to the hearing to establish
26 the District, which advertisement shall be published once per week for four (4) consecutive weeks
27 prior to the hearing.
28
29 12. Approximately how large is the land area proposed to be in the Brightshore CDD?
30
31 The proposed district is located entirely within unincorporated Collier County, Florida and
32 encompasses approximately 681.45 acres of land.
33
34 13. Who are the Owners of the proposed land to be included in the Brightshore CDD?
35
36 The owner of the lands proposed to be included within the proposed district is Hogan Farms, LLC.
37
38 14. Have the Owners Provided an Affidavit of Ownership and Consent to the Creation of the
39 Brightshore CDD?
40
41 Yes, the consent and joinder of establishment of the owners of one hundred (100%) percent of the
42 lands to be included within the proposed district are attached to the Petition as Exhibit 3.
43
44 15. Does this conclude your testimony?
45
46 Yes.
Page 2 of 2
Packet Pg. 242
BusinessObserverFL.com
ADVERTISMENT
9.D.5
BUSINESS OBSERVER I NOVEMBER 18 - NOVEMBER 24, 2022
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER
AN ORDINANCE
Notice is hereby given that the Collier
County Board of County Commission-
ers (the "Board") will hold a public hearing
on December 13, 2022, commencing
at 9:00 am. in the Commission Board
Room, Third Floor, W. Harmon Turner
Building
ern(Bldg. F), Collier County Gov-
, Center, 3299 Tamiami Trail East,
Naples, Florida 34112. The purpose of the
hearing -is to„consider the Establishment
of a Community Development: District to
be known as the Brightshore Community
Development District by Collier County
Ordinance pursuant to Section 190.005(2),
Florida Statutes. The title of the proposed
ordinance is as follows: `f
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF.
COLLIER COUNTY, FLORIDA, ES-
TABLISHING THE BRIGHTSHORE
COMMUNITY DEVELOPMENT
DISTRICT LOCATED IN UNINCOR-
PORATED COLLIER COUNTY AND
CONTAINING APPROXIMATELY
681.45+/- ACRES; PROVIDING FOR
THE AUTHORITY FOR ORDINANCE;
PROVIDING FOR THE ESTABLISH-
MENT OF THE BOUNDARIES FOR
THE BRIGHTSHORE COMMUNITY
DEVELOPMENT DISTRICT, PROVID-
ING FOR THE DESIGNATION OF INI-
TIAL BOARD MEMBERS; PROVIDING
FOR THE DISTRICT NAME; PROVID-
ING STATUTORY PROVISIONS GOV-
ERNING THE DISTRICT, PROVIDING
FOR CONSENT TO SPECIAL POW-
ERS; PROVIDING FOR PETITIONERS
COMMITMENTS; PROVIDING FOR
CONFLICT AND SEVERABILITY,
PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE
DATE.
The proposed District is comprised of
approximately 681.45 acres and located
entirely within Collier County, Florida,
and generally located north of Immokalee
Road, west of Everglades Boulevard, and
east of Redhawk Lane, as depicted on the
map below.
The proposed District, a special purpose
government, is a way to provide infrastruc-
ture subject to the regulatory requirements
of both the State of Florida and Collier
County governing any existing or future
lawful use and development of the land
described below, and specifically govern-
ing the planning, implementation, mainte-
nance, and financing of basic community
facilities, systems, and services which may
be required of any such development
consistent with principles of concurrency,
comprehensive planning, and develop-
ment permitting.
On April 11, 2022, Hogan Farms, LLC (the
"Petitioner"), filed its petition to establish
the proposed District (the "Petition") to
Collier County, along with the application
processing fee of $15,000 for review by the
County, as was subsequently amended
and restated. The Board's consideration
of the Petition will comply with Sections
190.005(2)(b) and (c), Florida Statutes, as
well as Sections 190.012(1) and 190.012(2)
(a) and (d) in conducting this hearing. The
purpose of this hearing is to consider the
relationship of the petition to the six fac-
tors listed in Section 190.005(1)(e), Florida
Statutes, and to determine whether Col-
lier County will establish the Brightshore
Community Development District by
adoption of an ordinance.
A copy of the Petition and any of its docu-
mentation, including the statement of esti-
mated regulatory costs in accordance with
the requirements of Section 210.541, Flor-
ida Statutes, is available for review at the
Office of the County Clerk, Collier -County,
3299 Tamiami Trail East, Suite 401, Naples,
Florida and at the County Comprehensive
Planning Section, 2800 North Horseshoe
Drive, Naples, Florida. - -
All interested persons and affected units of
general-purpose government shall be giv-
en an opportunity to appear at the hearing
and present oral or written comments on
the Petition.
If a person decides to appeal any decision
made by the Board of County Commis-
sioners with respect to any matter consid-
ered at such meeting or hearing, he/she will
need a record of that proceeding, and for
such purpose to ensure that a verbatim re-
cord of the proceedings is made, which re-
cord includes the testimony and evidence
upon which the appeal is to be based.
If you are a person with. a disability who
needs any accommodation in order to par-
ticipate in this proceeding, you are entitled,
at no cost to you, to the provision of cer-
tain assistance. Please contact the Collier
County Facilities Management Division,
located at 3335 Tamiami Trail East, Suite
101, Naples, Florida 34112-5356, (239)
252-8380, at least two (2) days prior to the
meeting. Assisted listening devices for the
hearing impaired are available in the Board
of County Commissioners Office.
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"The road is cleared," said Galt. "We are going back to the world."
He raised his hand and over the desolate earth he traced in space the sign of the doll,,
Ayn Rand, Atlas Shrugged
Packet Pg. 243
NOVEMBER 25 - DECEMBER 1, 2022 1 BUSINESS OBSERVER
BusinessObserverFL.com M
CoffeeTalk
Bag lady
Gretchen Bauer has a bold goal for her
Sarasota -based, high -end handbag
manufacturer BSwanky: to com-
pete with — and beat — industry
heavyweights.
"We want people to choose us over
Gucci, Hermes and Prada," Bauer says,
listing global fashion brands that sell
handbags that, in some cases, cost
more than a (new) car. "We want to
beat every other company out there."
Bauer has long had big goals for the
company, which she founded in 2017.
But some recent wins have positioned
her to get there even faster for the
brand — known both for some bags
that can easily transition from back-
pack to shoulder strap, as well as its
exotic materials. The latter includes
ostrich, alligator and python. Prices —
spread through six lines and 24 prod-
ucts — run from $1,450 to $6,200, but
Bauer says most of her sales of late have
been in the $3,800 to $4,500 range.
As the company looks to gain on
global rivals, its first win was the recent
hiring of manufacturing executive
Jim Cavanaugh to oversee operations.
Cavanaugh is well known in Sarasota -
Manatee manufacturing circles, having
helped run his family based musical
accessories manufacturer, the Super -
Sensitive Musical String Co., for years.
"Jim is that person every company
needs who is meticulous and super -
quality focused," Bauer says. "We are
trying to set the standards in an indus-
try that doesn't have any standards."
The second win, Bauer says, is a part-
nership with Fort Myers -based custom
jewelry designer Mark Loren. Work
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FILE PHOTO
GRETCHEN BAUER founded BSwanky in
2017.
ing with Mark Loren Designs, Bauer
says, will allow BSwanky to add gold
chains, tassels and bracelets to some of
its bags. Those bags could then retail
for up to $20,000, which Bauer believes
will catapult BSwanky into a new, even
more elite, group of customers. "We are
really well known in Florida and a few
other pockets, like Chicago and Dal-
las," she says, "but we want to grow our
special clientele."
Other wins are in the offing for
BSwanky, including a partnership with
an organization that works with NFL
players' wives, and product placement
at events connected to the Super Bowl.
Chasing those wins and guarding
against complacency that would dent
the brand's quality and luxury cus-
tomer service ethos is Bauer's constant
motivation. Says Bauer. "I still bounce
through that door every day at 8 a.m."
pm%ffed
SHORE
RI.�l.1;S'i1TF;
Main St. Sarasota, FL
Knights Trl. Sarasota, FL
Jason and Ken VAgostlno
Preferred SHORE Commercial
Licensed Real Estate Brokers
50 S Lemon Ave #302 Sarasota FL, 34236
ADVERTISMENT
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CDNSII)
AN ORDINANCE
Notice is hereby given that the Collier
County Board of County Commission-
ers (the "Board") will hold a public hearing
on December 13, 2022, commencing
at 9:00 a.m. in the Commission Board
Room, Third Floor, W. Harmon Turner
Building (Bldg. F), Collier County Gov-
ernment Center, 3299 Tamiami Trail East,
Naples, Florida 34112. The purpose of the
hearing is to consider the Establishment
of a Community Development District to
be known as the Brightshore Community
Development District by Collier County
Ordinance pursuant to Section 190.005(2),
Florida Statutes. The title of the proposed
ordinance is as follows:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ES-
TABLISHING THE BRIGHTSHORE
COMMUNITY DEVELOPMENT
DISTRICT LOCATED IN UNINCOR-
PORATED COLLIER COUNTY AND
CONTAINING APPROXIMATELY
681.45+/- ACRES; PROVIDING FOR
THE AUTHORITY FOR ORDINANCE;
PROVIDING FOR THE ESTABLISH-
MENT OF THE BOUNDARIES FOR
THE BRIGHTSHORE COMMUNITY
DEVELOPMENT DISTRICT, PROVID-
ING FOR THE DESIGNATION OF INI-
TIAL BOARD MEMBERS; PROVIDING
FOR THE DISTRICT NAME; PROVID-
ING STATUTORY PROVISIONS GOV-
ERNING THE DISTRICT, PROVIDING
FOR CONSENT TO SPECIAL POW-
ERS; PROVIDING FOR PETITIONERS
COMMITMENTS; PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE
DATE.
The proposed District is comprised of
approximately 681.45 acres and located
entirely within Collier County, Florida,
and generally located north of Immokalee
Road, west of Everglades Boulevard, and
east of Redhawk Lane, as depicted on the
map below.
The proposed District, a special purpose
government, is away to provide infrastruc-
ture subject to. the regulatory requirements
of both the State of Florida and Collier
County governing any existing or future
lawful use and development of the land
described below, and specifically govern-
ing the planning, implementation, mainte-
nance, and financing of basic community
facilities, systems, and services which may
be required of any such development `
consistent with principles of concurrency,
comprehensive planning, and develop-
ment permitting.
On April 11, 2022, Hogan Farms, LLC (the
"Petitioner"), filed its petition to establish
the proposed District (the "Petition") to
Collier County, along with the application
processing fee of $15,000 for review by the
County, as was subsequently amended
and restated. The Board's consideration
of the Petition will comply with Sections
190.005(2)(b) and (c), Florida Statutes, as
well as Sections 190.012(1) and 190.012(2) I
(a) and (d) in conducting this hearing. The
purpose of this hearing is to consider the
relationship of the petition to the six fac-
tors listed in Section 190.005(1)(e), Florida
Statutes, and to determine whether Col-
lier County will establish the Brightshore
Community Development District by
adoption of an ordinance.
A copy of the Petition and any of its docu-
mentation, including the statement of esti-
mated regulatory costs in accordance with
the requirements of Section 210.541, Flor-
ida Statutes, is available for review at the
Office of the County Clerk, Collier County,
3299 Tamiami Trail East, Suite 401, Naples,
Florida and at the County Comprehensive
Planning Section, 2800 North Horseshoe
Drive, Naples, Florida.
All interested persons and affected units of I
general-purpose government shall be giv-
en an opportunity to appear at the hearing
and present oral or written comments on
the Petition.
If a person decides to appeal any decision
made by the Board of County Commis-
sioners with respect to any matter consid-
ered at such meeting or hearing, he/she will
need a record of that proceeding, and for
such purpose to ensure that a verbatim re-
cord of the proceedings is made, which re-
cord includes the testimony and evidence
upon which the appeal is to be based.
If you are a person with a disability who
needs any accommodation in order to par-
ticipate in this proceeding, you are entitled,
at no cost to you, to the provision of cer-
tain assistance. Please contact the Collier
County Facilities Management Division,
located at 3335 Tamiami Trail East, Suite
101, Naples, Florida 34112-5356, (239)
252-8380, at least two (2) days prior to the
meeting. Assisted listening devices for the
hearing impaired are available in the Board
0........:....:....o n41-A,-o
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BusinessObserverFL.com
ADVERTISMENT
9.D.7
BUSINESS OBSERVER I DEICEMBER 2 - DECEMBER 8, 2022
Vol XXVI, 46
NOTICE OF PUBLIC HEARING
"NOTICE OF INTENT TO CONSIDER
AN ORDINANCE
Notice is hereby given that the Collier
County Board of County Commission-
ers (the `Board") will hold a public hearing
on December 13, 2022, commencing
at 9:00 a.m. in the Commission Board
Room, Third Floor, W. Harmon Turner
Building (Bldg. F), Collier County Gov-
ernment Center, 3299 Tamiami Trail East,
Naples, Florida 34112. The purpose of the
hearing is to consider the Establishment
of a Community Development District to
be known as the Brightshore Community
Development District by Collier County
Ordinance pursuant to Section 190.005(2),
Florida Statutes. The title of the proposed
ordinance is as follows:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ES-
TABLISHING THE BRIGHTSHORE
COMMUNITY DEVELOPMENT
DISTRICT LOCATED IN UNINCOR-
PORATED COLLIER COUNTY AND
CONTAINING APPROXIMATELY
681.45+/- ACRES; PROVIDING FOR
THE- AUTHORITY FOR ORDINANCE;
PROVIDING FOR THE ESTABLISH-
MENT OF THE BOUNDARIES FOR
THE BRIGHTSHORE COMMUNITY
DEVELOPMENT DISTRICT, PROVID-
ING FOR THE DESIGNATION OF INI-
TIAL BOARD MEMBERS; PROVIDING
FOR THE DISTRICT NAME; PROVID-
ING STATUTORY PROVISIONS GOV-
ERNING THE DISTRICT; PROVIDING
FOR CONSENT TO SPECIAL POW-
ERS; 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.
The proposed District is comprised of
approximately 681.45 acres and located
entirely within Collier County, Florida,
and generally located north of Immokalee
Road, west of Everglades Boulevard, and
east of Redhawk Lane, as depicted on the
map below.
The proposed District, a special purpose
government, is a way to provide infrastruc-
ture subject to the regulatory requirements
of both the State of Florida and Collier
County governing any existing or future
lawful use and development of the land
described below, and specifically govern-
ing the planning, implementation, mainte-
nance, and financing of basic community
facilities, systems, and services which may
be required of any such development
consistent with principles of concurrency,
comprehensive planning, and develop-
ment permitting.
On April 11, 2022, Hogan Farms, LLC (the
"Petitioner"), filed its petition to establish
the proposed District (the "Petition) to
Collier County, along with the application
processing fee of $15,000 for review by the
County, as was subsequently amended
and restated. The Board's consideration
of the Petition will comply with Sections
190.005(2)(b) and (c), Florida Statutes, as
well as Sections 190.012(1) and 190.012(2)
(a) and (d) in conducting this hearing. The
purpose of this hearing is to consider the
relationship of the petition to the six fac-
tors listed in Section 190.005(1)(e), Florida
Statutes, and to determine whether Col-
lier County will establish the Brightshore
Community Development District by
adoption of an ordinance.
A copy of the Petition and any of its docu-
mentation, including the statement of esti-
mated regulatory costs in accordance with
the requirements of Section 210.541, Flor-
ida Statutes, is available for review at the
Office of the County Clerk, Collier County,
3299 Tamiami Trail East, Suite 401, Naples,
Florida and at the County Comprehensive
Planning Section, 2800 North Horseshoe
Drive, Naples, Florida.
All interested persons and affected units of
general-purpose government shall be giv-
en an opportunity to appear at the hearing
and present oral or written comments on
the Petition.
If a person decides to appeal any decision
made by the Board of County Commis-
sioners with respect to any matter consid-
ered at such meeting or hearing, he/she will
need a record of that proceeding, and for
such purpose to ensure that a verbatim re-
cord of the proceedings is made, which re-
cord includes the testimony and evidence
upon which the appeal is to be based.
If you are a person with a disability who
needs any accommodation in order to par-
ticipate in this proceeding, you are entitled,
at no cost to you, to the provision of cer-
tain assistance. Please contact the Collier
County Facilities Management Division,
located at 3335 Tamiami Trail East, Suite
101, Naples, Florida 34112-5356, (239)
252-8380, at least two (2) days prior to the
meeting. Assisted listening devices for the
hearing impaired are available in the Board
of County Commissioners Office.
& LfitS.
rvw
A Division of The Observer Media Group
BusinessObserverFL.com
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"The road is cleared," said Galt. "We are going back to the world."
He raised his hand and over the desolate earth he traced in space the sign of the dolla
Ayn Rand, Atlas Shrugged
2
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EXHIBIT 1
t,
KALEE RD
olIN i��►re
EXHIBIT 2
Stantec
5801 Pelican Bay Boulevard, Suite 300, Naples, FL 34108
Legal Description
Of part of Sections 18 and 19,
Township 47 South, Range 28 East,
Collier County, Florida
(Hogan Oaks West)
All that part of Sections 18 and 19, Township 47 South, Range 28 East, Collier County,
Florida, being more particularly described as follows:
BEGINNING at the Southwest corner of Section 19, Township 47 South, Range 28
East, Collier County, Florida, thence along the West line of said Section 19, North
00033'31" West 5,270.74 feet to the Northwest corner of said Section 19;
Thence North 89'45'17"
East 334.22 feet;
Thence North 69°40'33"
East 50.52 feet;
Thence North 00056'08"
West 670.62 feet;
Thence North 08052'06"
West 331.28 feet;
Thence North 20°54'48"
East 142.49 feet;
Thence North 62014'48"
East 1,355.44 feet;
Thence South 65052'47"
East 954.64 feet;
Thence South 70°01'14"
East 119.08 feet;
Thence South 63'39'15"
East 628.77 feet;
Thence North 40034'56"
East 32.99 feet;
Thence North 23°38'28"
East 362.36 feet;
Thence North 48050'20"
East 54.54 feet;
Thence South 66001'50"
East 199.07 feet;
Thence South 50025'20"
East 954.27 feet;
Thence South 18052'22"
East 748.23 feet;
Thence South 83010'21"
East 306.85 feet;
Thence South 01 004'51"
East 317.74 feet;
Thence South 00049'55"
East 322.25 feet;
Thence South 06024'15"
East 262.61 feet;
Thence South 07019'29"
West 501.06 feet;
Thence South 01 008'37"
East 195.96 feet;
Thence South 10000'20"
West 569.45 feet;
Thence South 23028'05"
West 264.33 feet;
Thence South 04025'45"
West 627.49 feet;
Thence South 18015'57"
East 240.55 feet;
Thence South 10016'07"
East 189.28 feet;
Thence South 07036'19"
East 254.95 feet;
Thence South 05042'25"
West 41.75 feet;
Thence South 04038'57"
West 44.03 feet;
Thence South 04°38'58"
West 320.97 feet;
Thence South 19059'54"
West 103.00 feet;
Thence South 20059'47"
West 58.20 feet;
Thence South 20048'49"
West 35.19 feet;
Thence South 24049'22"
West 151.37 feet;
Thence South 24052'40"
West 90.30 feet;
Stantec
Thence South 36052'12" West 337.31 feet;
Thence South 01 °41'16" West 574.06 feet;
Thence South 08°29'08" East 37.23 feet;
Thence South 89039'03" West 690.88 feet;
Thence 393.04 feet along the arc of a circular curve concave North having a radius of
2,814.93 feet through a central angle of 08°00'00" and being subtended by a chord
which bears North 86020'57" West 392.72 feet;
Thence North 82020'57" West 337.32 feet;
Thence 406.15 feet along the arc of a circular curve concave South having a radius of
2,914.93 feet through a central angle of 07°59'00" and being subtended by a chord
which bears North 86020'27" West 405.82 feet;
Thence South 89°40'03" West 2,367.68 feet to the POINT OF BEGINNING.
Containing 681.45 acres, more or less.
Subject to easements and restrictions of record.
Bearings are based on the ......
Certificate of authorization #LB-7866
Stantec Consulting Services, Inc.
Registered Engineers and Land Surveyors
By: September 7, 2021
Lance T Miller, Professional Surveyor and Mapper #LS5627
Not valid unless embossed with the Professional's seal.
Ref. 21-1-2140 Sheet 2b
2
13
PART OF
THE LAND
DESCRIBED
IN EXCEPTION
N0.8
OR 4551,
PG 473
(NORTH OF PARCEL SURVEYED)
6�1
00 -1-4o W
C o
L
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N89'45' 17"E
334.22'
L1
a
A GELA ROAD j
it
31 1 32
34y 33
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64
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98 97
';;;K NORTH LINE SECTION 19
4,F
64•
S ECTI 0 N 19
091
628 9'
4
9S�
S ECTI 0 N 18
a
— — — — — — S83'10'21 "E-/
306.85'
S00'49'55"E
322.25'
S07'19'29"W
501.06'
S23'28'05"W
264.33'
N
CN e�
O
aCP
o Cr.
v
S19'59'54"W
103.00'
14
-L12
13
-S01'04
317.74
fn
0
rn a: totP
r-t
l
rri
PART OF
THE LAND
DESCRIBED
IN EXCEPTION
N0.8 I
OR 4551,
PG 473
(PARCEL 2)
S 10' 16'07"E
189.28'
L7
_S05'42'25"W
41.75'
ift
SECTION 117
SECTION 20
ft
0 400 800
SCALE IN FEET
LINE TABLE
LINE
BEARING
DISTANCE
L1
N69'40'33"E
50.52'
L2
N20'54'48"E
142.49'
L3
S70'01'14"E
119.08'
L4
N40'34'56"E
32.99'
L5
N48'50'20"E
54.54'
L6
S10'00'20"W
569.45'
L7
S07'36'19"E
254.95'
L8
SO4'38'57"W
44.03'
L9
SO4'38'58"W
320.97'
L10
S20'59'47"W
58.20'
L11
S20'48'49"W
35.19'
L12
S24'49'22"W
151.37'
L13
S24'52'40"W
90.30'
L14
S3652'12"W
337.31'
L15
S08'29'08"E
37.23'
CURVE TABLE
CURVE
RADIUS
DELTA
ARC
CHORD
CHORD BEARING
C1
2,814.93'
8'00'00"
393.04'
392.72'
N86'20'57"W
C2
2,914.93'
7'59'00"
406.15'
405.82'
N86'20'27"W
SYMBOL LEGEND
iF ELECTRIC LIGHT POLE
FIRE HYDRANT
0 GATE VALVE
m GRATE INLET
`L GUY ANCHOR
® WELL
® SANITARY MANHOLE
ID TELEPHONE RISER
0 UTILITY POLE
❑o WATER METER
® YARD DRAIN
LEGAL DESCRIPTION
(TITLE COMMITTMENT FILE NO 17000145 KP DATED JAN 7, 2017 at 8AM
WAS REIVEWED) UNDER THE SCOPE OF THIS SURVEY
PART OF SECTIONS 18, 19, AND 30, TOWNSHIP 47 SOUTH, RANGE 28
EAST, COLLIER COUNTY FLORIDA.
*** SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION
PER SCHEDULE B - SECTION II
7. RESERVATIONS OF OIL, GAS AND MINERAL RIGHTS RESERVED IN DEED
RECORDED IN OFFICIAL RECORDS BOOK 2009, PAGE 1546 AND OFFICIAL
RECORDS BOOK 2493, PAGE 2779, SAID RIGHT BEING FURTHER
CONVEYED TO BARRON COLLIER RESOURCES, LTD BY DEED RECORDED IN
OFFICIAL RECORDS BOOK 4393, PAGE 2247, ALL OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. (AFFECTS PARCEL SURVEYED
AND CANNOT BE PLOTTED)
8. NOTICE OF INTERIM LAND USE LIMITATIONS RECORDED IN OFFICIAL
RECORDS BOOK 4551 PAGE 473, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA (SHOWN ON SURVEY AND DOES NOT LIE WITHIN PARCEL
SURVEYED)
MAP OF BOUNDARY SURVEY OF A PART OF SECTIONS 18 ,19, AND 30, TOWNSHIP 47
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. (BEING MORE PARTICULARLY
DESCRIBED IN THE LEGAL DESCRIPTION PROVIDED ON THIS SURVEY.)
PREPARED FOR: BARRON COLLIER COMPANIES
CERTIFY TO: BARRON COLLIER COMPANIES
STANTEC CONSULTING SERVICES INC.
REGISTERED ENGINEERS AND LAND SURVEYORS
5801 PELICAN BAY BOULEVARD, SUITE 300, (239) 649-4040
NAPLES, FLORIDA 34108
101
CE TOOPILLER, PROFESSIONAL SURVEYOR AND MAPPER #LS5627
SEPTEMBER 7TH 2O21
DATE OF SURVEY
CERTIFICATE OF AUTHORIZATION #LB-7866
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
NO OTHER PERSON OR ENTITY MAY RELY UPON THIS SURVEY.
ABSTRACT NOT REVIEWED
THIS BOUNDARY SURVEY IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A
CERTIFICATE OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES.
GENERAL NOTES
BEARINGS ARE BASED ON FLORIDA STATE PLANE EAST COORDINATES NAD 83-11.
UNLESS A COMPARISON IS MADE, MEASURED BEARINGS AND DISTANCES
ARE IDENTICAL WITH PLAT VALUES.
DIMENSIONS ARE IN FEET ' AND DECIMALS . THEREOF.
DIMENSIONS ALONG CURVES ARE: = DELTA, L = ARC LENGTH,
CD = CHORD DISTANCE, T = TANLENT, R = RADIUS, CB = CHORD BEARING
ELEVATIONS ARE BASED ON NAVD88 (NORTH AMERICAN VERTICAL DATUM 1988),
LINES SHOWN OUTSIDE OF THE LAND DESCRIBED ARE FOR REFERENCE USE
ONLY AND WERE NOT SURVEYED.
UNDERGROUND FOOTERS, ROOF OVERHANGS AND STUCCO FINISH WERE NOT
TAKEN INTO CONSIDERATION IN PREPARING THIS MAP.
P.C.P. = PERMANENT CONTROL POINT
P.R.M. = PERMANENT REFERENCE MONUMENT
R/W = RIGHT-OF-WAY
C.B.S. = CONCRETE BLOCK STRUCTURE
A.E. = ACCESS EASEMENT
D.E. = DRAINAGE EASEMENT
U.E. = UTILITY EASEMENT,
C/L = CENTERLINE
CONC. = CONCRETE
A/C = AIR CONDITIONER
o P = PLAT, M = MEASURED, C = CALCULATED, F = FIELD, S = SIGNAGE
• S.I.P. = SET 5/8" IRON PIN WITH CAP STAMPED LB-7866 24" LONG
El F.I.P. = FOUND IRON PIN
• S.C.M. = SET 4" X 4" CONCRETE MONUMENT 24" LONG STAMPED LB-43
F.C.M. = FOUND CONCRETE MONUMENT
R.C.P. = REINFORCED CONCRETE PIPE
PROPERTY LIES WITHIN FLOOD ZONES X500, AND AH BASE FLOOD ELEVATIONS 32.0, 32.5,
33.0, AND 33.5 NORTH AMERICAN VERTICAL DATUM (NAVD88) AS PER FLOOD INSURANCE RATE
MAP COMMUNITY PANELS #120067 0115H, 0120H, 0235H, AND 0230H, ALL DATED MAY 16,
2012.
I
® �
127 128
0 _`-
P.O.B.
24+
9_
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- — — -»-,,, �„-,,,�,,,�,
S89'40'03"W 2,367.68' DETAIL (c)
-
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_ '
0 DETAIL A l�
---
,,,
— — — —
— —iviivi
-S89'39'03"W 690.88' — —
— — T —
— — -
— DETAIL (H)
DETAIL (D)
_ P.O.C. 2
S.W. CORNER SECTION 19,
30
DETAIL (B) GOLDEN
GATE
ESTATES, UNIT NO. 47
DETAIL (E) DETAIL (�
—�
TOWNSHIP 47 SOUTH, RANGE 28 EAST
P.B.
7, PAGE 32
DETAIL (G)
GOLDEN GATE
ACTIVITY
INITIALS/EMP.NO.
DATE
The Contractor shall verify and be
TITLE:
BOUNDARY SURVEY
DATE:
08/2021
CLIENT: PENINSULA ENGINEERING
HORIZONTAL SCALE:
1" = 400'
COMPUTED BY:
LNM
6/24/16
Stantec
58(3-01 Pelican Bay Boulevard, Suite 300, Naples FL 34108
Phone 239-649-4040 . Fax 239-643-5716
Certificate of Authorization#27013 . www.stantec.com
responsible for all dimensions. DO NOT
oscale missions reportdtoS any errors
omissions shall be reported toStanlec
shall
hts to epropl
designs and drawings are the property of
designsandthout . The awings are
Stanlec. Reproduction or use for any
purpose other than that authorized by
Stanlec is forbidden.
PART OF
TOWNSHIP
SECTIONS 18 19,
47 SOUTH, RANGE
COLLIER COUNTY,
8c 30,
28 EAST,
FLORIDA
DRAWN BY:
LNM
6/24/16
CHECKED BY:
LTM
6/24/16
SEC: TWP7S RGE
17 47S 28E
1
UPDATE BOUNDARY SURVEY SEPTEVBER 2021
TEW
LTV
CLOSED BY:
CROSS REFERENCE FILE N0
21 561 3575
PROJECT N0 :
215616745
TASK CODE:
200
SHEET NUMBER:
1 OF 2
DRAWING/FILE NUMBER:IMOKALEE,
215616745—SU02
OREV NO.
REVISION
DATE
DRAWN BY/EMP.NO.
CHECKED BY/EMP.NO.
FIELD BOOK/PAGE:
C-3447/9
CHIEF:
DR
EXHIBIT 3
CONSENT AND JOINDER To ESTABLISHMENT
OF A COMMUNITY DEVELOPMENT DISTRICT
The undersigned is the owner of certain lands more fully described in Exhibit A attached
hereto and made a part hereof ("Property").
The undersigned, Hogan Farms, LLC ("Petitioner"), intends to submit an application to
establish a Community Development District in accordance with the provisions of Chapter 190
of the Florida Statutes.
As the owner of lands which are intended to constitute the Community Development
District, the undersigned understands and acknowledges that pursuant to the provisions of
Section 190.005,, Florida Statutes, the Petitioner is required to include the written consent to the
establishment of the Community Development District of one hundred percent (100%) of the
owners of the lands to be included within the Community Development District.
The undersigned hereby consents to the establishment of the Community Development
District which will include the Property within the lands to be a part of the Community
Development District and agrees to further execute any documentation necessary or convenient
to evidence this consent and joinder during the application process for the establishment of the
Community Development District.
The undersigned acknowledges that the consent will remain in full force and effect until
the Community Development District is established or three years from the date hereof, which
ever shall first occur. The undersigned further agrees that it will provide to the next purchaser or
successor in interest of all or any portion of the Property a copy of this consent form and obtain,
upon request, a consent to establishment of the Community Development District in substantially
this form.
The undersigned hereby represents and warrants that it has taken all actions and obtained
all consents necessary to duly authorize the execution of this consent and joinder by the person
executing this instrument.
[signatures on following page]
Executed this I -"" day of 2022.
WITNESSES:
/ .. �ff!A.M�A
Name: —0
STATE OF FLORIDA
COUNTYOF-
Hogan Farms LLC
a Florida li d ility c pany
By:
Name: [�p►v(p F2. &�H6a4
Title: c*r Dr::.V5LcpriatAr
I hereby certify that on this day, before me, by means of U'physical presence or C-) online
notarization, an officer duly authorized to take acknowledgments, personally appeared
-NA\j I P -t� - bG-tj i�,n t,-1 , as`7�jzqs . b�1-*--\je- vgq&A-e V% k= of Hogan Farms, LLC who
executed the foregoing instrument, acknowledged before me that he executed the same on behalf
of the foregoing entity and was identified in the manner indicated below.
Witness my hand and official seal this [OT-l' day of /A--fR I L- , 2022.
-10 0
SABINA E. HARDY
My COMMISSION # GG J 287225]
nuary 14,2023 a
EXPIRE
L ,nded Thm wtary Public Underwfitem
Notary Public
Personally known: b.A. Q lip �i
Produced Identification:
Type of Identification:
Exhibit A: Property Description
2
Stantec
5801 Pelican Bay Boulevard, Suite 300, Naples, FL 34108
Legal Description
Of part of Sections 18 and 19,
Township 47 South, Range 28 East,
Collier County, Florida
(Hogan Oaks West)
All that part of Sections 18 and 19, Township 47 South, Range 28 East, Collier County,
Florida, being more particularly described as follows:
BEGINNING at the Southwest corner of Section 19, Township 47 South, Range 28
East, Collier County, Florida, thence along the West line of said Section 19, North
00033'31" West 5,270.74 feet to the Northwest corner of said Section 19;
Thence North 89'45'17"
East 334.22 feet;
Thence North 69°40'33"
East 50.52 feet;
Thence North 00056'08"
West 670.62 feet;
Thence North 08052'06"
West 331.28 feet;
Thence North 20°54'48"
East 142.49 feet;
Thence North 62014'48"
East 1,355.44 feet;
Thence South 65052'47"
East 954.64 feet;
Thence South 70°01'14"
East 119.08 feet;
Thence South 63'39'15"
East 628.77 feet;
Thence North 40034'56"
East 32.99 feet;
Thence North 23°38'28"
East 362.36 feet;
Thence North 48050'20"
East 54.54 feet;
Thence South 66001'50"
East 199.07 feet;
Thence South 50025'20"
East 954.27 feet;
Thence South 18052'22"
East 748.23 feet;
Thence South 83010'21"
East 306.85 feet;
Thence South 01 004'51"
East 317.74 feet;
Thence South 00049'55"
East 322.25 feet;
Thence South 06024'15"
East 262.61 feet;
Thence South 07019'29"
West 501.06 feet;
Thence South 01 008'37"
East 195.96 feet;
Thence South 10000'20"
West 569.45 feet;
Thence South 23028'05"
West 264.33 feet;
Thence South 04025'45"
West 627.49 feet;
Thence South 18015'57"
East 240.55 feet;
Thence South 10016'07"
East 189.28 feet;
Thence South 07036'19"
East 254.95 feet;
Thence South 05042'25"
West 41.75 feet;
Thence South 04038'57"
West 44.03 feet;
Thence South 04°38'58"
West 320.97 feet;
Thence South 19059'54"
West 103.00 feet;
Thence South 20059'47"
West 58.20 feet;
Thence South 20048'49"
West 35.19 feet;
Thence South 24049'22"
West 151.37 feet;
Thence South 24052'40"
West 90.30 feet;
Stantec
Thence South 36052'12" West 337.31 feet;
Thence South 01 °41'16" West 574.06 feet;
Thence South 08°29'08" East 37.23 feet;
Thence South 89039'03" West 690.88 feet;
Thence 393.04 feet along the arc of a circular curve concave North having a radius of
2,814.93 feet through a central angle of 08°00'00" and being subtended by a chord
which bears North 86020'57" West 392.72 feet;
Thence North 82020'57" West 337.32 feet;
Thence 406.15 feet along the arc of a circular curve concave South having a radius of
2,914.93 feet through a central angle of 07°59'00" and being subtended by a chord
which bears North 86020'27" West 405.82 feet;
Thence South 89°40'03" West 2,367.68 feet to the POINT OF BEGINNING.
Containing 681.45 acres, more or less.
Subject to easements and restrictions of record.
Bearings are based on the ......
Certificate of authorization #LB-7866
Stantec Consulting Services, Inc.
Registered Engineers and Land Surveyors
By: September 7, 2021
Lance T Miller, Professional Surveyor and Mapper #LS5627
Not valid unless embossed with the Professional's seal.
Ref. 21-1-2140 Sheet 2b
2
EXHIBIT 4
A-MHO-RLSAO-
BCI-BCP-SSA-13
A-MHO-RFMUO-NRPA
SENDING LANDS
A-MHO-RFMUO
NEUTRAL LANDS
CDD BOUNDARY
IMMOKALEE RD
A-MHO-RFMUO
NEUTRAL LANDS
PENINSULA,
ENGINEERING
BRIGHTSHORE CDD
LOCATION:
EASTERN COLLIER COUNTY
A-MHO-RLSAO-
BCI-BCP-SSA-13 AGRICULTURAL -
MOBILE HOME OVERLAY
Ax'-� (A -MHO)
A-MHO-RLSAO-
BCI-BCP-SSA-13
CPUD
ESTATES
MPUD
IMMOKALEE RD
HOGAN FARMS, LLC I EXISTING LAND USE (ZONING)
2600 Golden Gate Parkway
EXHIBIT 5
A-RLSAO/SSA-13
RURAL FRINGE MIXED USE DISTRICT
SENDING LANDS
RURAL FRINGE MIXED USE DISTRICT
NEUTRAL LANDS
IMMOKALEE RD
PENINSULA~"
ENGINEERING
BRIGHTSHORE CDD
LOCATION:
EASTERN COLLIER COUNTY
A-RLSAO/SSA-13 AGRICULTURAL -
RURAL LANDS STEWARDSHI
// \\ AREA OVERLAY
A-RLSAO/SSA-13
CDD BOUNDARY
IMMOKAL•E
ESTATES
DESIGNATION
HOGAN FARMS, LLC I FUTURE LAND USE
2600 Golden Gate Parkway
EXHIBIT 6
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- rIn
►►Illl �1 ��� �r
w�
CO
'PENINSULA
PROJECT:
TITLE:
ENGINEERING
CIVIL ENGINEERING . LANDSCAPE A
BRIGHTSHORE
PROPOSED
• ENVIRONMENTAL CONSULTING LANDPL PLANNINNNIN G
SITE PLANNING W CONSTRUCTIONMANAGEMENT
, I L LAG E D D
VILLAGE
DEVELOPMENT
OWNER REPRESENTATIVETATIVE
V
2600 Golden Gate Parkway
PLAN
Naples, Florida 34103
' Phone: 239.403.6700 Fan: 239.261.1797
Email: into®pen-eng.com Website:www.pen-eng.c
Florida Certificate of Authorization 828275
..
0
J
m
OWNERICLIENT/CONSULTANT:
SEC: 18,19
TWP:47S RGE: 28E
Designed by:
JOHN ENGLISH, P.E.
Drawn by:
JASON LIGHTELL
HOGAN FARMS
Date:
MARCH 2O22
,
Drawing Scale:
1" = 1000'
LLC
Project Number:
P-ABCP-009-001
File Number:
P-ABCP-009-001-X16-2
X 16-2
Sheet Number:
02 of 07
GENERAL NOTES:A
1. MASTER PLAN IS CONCEPTUAL. INTERNAL ROAD ALIGNMENTS, LAKE
SITING AND CONFIGURATION OF DEVELOPMENT AREAS ARE SUBJECT
TO MODIFICATION WITHIN THE RLSA GUIDELINES AT TIME OF FINAL
DEVELOPMENT ORDER,
2. NO PRESERVATION IS REQUIRED (NO NRI SCORES WITHIN BRA
BOUNDARY EXCEED 1.2).
3. SEE MOBILITY PLAN FOR PATHWAYS,
0
ZONIN�q:
A-MHO-RLSAO
ZONING:
20' TYPE'D'
OPEN SPACE TABLE
AC.
%
REQUIRED
I 23B.5
35%
PROVIDED
1 274.7
40%
PARK UYP)
BRIGHTSHORE VILLAGE SRA LAND USE SUMMARY
SYMBOL
DESCRIPTION
ACRES
%OPEN
SPACE
OPEN
SPACE(F
COMMUNITY PARK
31.7
100%
3
BUFFERS AND OPEN SPACE
2.1
100%
VILLAGE CENTER
107.0
15%
1
NEIGHBORHOOD GENERAL AMENITY
15.0
30%
NEIGHBORHOOD GENERAL- RESIDENTIAL
384.7
25%
9
LAKE (INCLUDES L.M.E.)
121.2
100%
12
—
MASTER DEVELOPER RIGHTS -OF -WAY
1%
15%
BRA BOUNDARY TOTAL
881.5
40%
27
---- -- H S AD
CONNECTION - - - -_ _ -_ _ _ _-_- - -_ - 3GG - - - -
- - - - - - - -_ _ - - _ - ' 6UFF'cR T
FSA OR HSA -
---
- - I`i�l
-- L(JCATi0147iO%-h JIAY VARYr= -_ - - - -
l E I i A/MM/qMN✓� �VIIMNM
I WIN
O LANDSCAPE BUFFER
W R A REQUIRED ADJACENT -
u. TO HSAIWRA .. W .R A A
ZONING: \, WI w ,
PENINSULA
ENGINEERING
3RIGHTSHORE
VILLAGE SRA
rInE
EXHIBIT (A)
MASTER PLAN
(BLACK AND
WHITE)
HOGAN FARMS, LLC
NO LANDSCAPE BUFFER -
- -REQUIRED ADJACENT-_- -_- -_- _ -
-SRA. BOUNDARY ---
H S A _ LEGEENNDD.
--_-_-_—_- 00 EXTERNAL CONNECTION
LV/ LOCATIONS
_ _ _ _ INTERNAL CONNECTION
EX. TRAIL/ FUTURE �� LOCATIONS
NATURE OBSERVATION PEDESTRIAN
TRAIL �....' CONNECTION TO
F S A
LINEAR PARK
OSRA STREET CROSS A
SECTION LOCATION
IDENTIFIER
Bar Scale: 1" = 600'
0 150S00800'
/ city: _ county co
-Q.M NENGLIBH,PE.
J�ASON UGHTELL
ZONING: -
A-MHO-RLSAO --
Hrgenixumuer P-ABCP4M9
P-ABCP-009-002-102
C-102
sn.al NNmear. 02 as
COMPOSITE EXHIBIT 7
PRELIMINARY DESIGN,
I,
SUBJECT TO CHANGE
BRIGHTSHORE
VILLAGE BOUNDARY
FUTURE
16" COUNTY POTABLE
WATER MAIN
I'!
16" COUNTY POTABLE
WATER MAIN
(UNDER CONSTRUCTION)
k
COLLIER COUNTY NORTHEAST -
WATER & SEWER FACILITIES
1 -
1
1 INTERCONNECTION
►r WITH OTHER COUNTY
WATFR P SFNA/FR FACII ITIFS ..�. �
FUTURE
16" COUNTY -
FORCE MAIN
"FUTURE
16" COUNTY IQ
WATER MAIN
7!16"COUNTY
E MAIN
(UNDER CONSTRUCTION
16" COUNTY IQ
WATER MAIN
(UNDER CONSTRUCTION)
m
co
w
Q
C0
w
w _
MOW `--:_i_ -
1 P E N I N S U LAN
PROJECT:
TITLE:
OWNER/CLIENT/CONSULTANT:
SEC: 18,19 TWP:47S RGE: 28E
Designed by: JOHN ENGLISH, P.E.
BRIGHTSHORE
COUNTY UTILITY
HOGAN FARMS,
Drawn by: JASON LIGHTELL
ENGINEERING
awLENGINEERING N EAND
Date: AUGUST 2022
Drawing Scale: 1"=4000'
CONSULTING
- ENV PLANNI G CONSULTING LAND PLANNING
G
PLANNINDISTRIBUTION
SITE PLANNING
RESENTAMANAGEMENT
VILLAGE C D D
('�
LLC
Project Number: P-ABCP-009-001
ER REPRESENTATIVE
OWNER REPRESENTATIVE
2(�00 Golden GParkway
ate
ALIGNMENT
File Number: P-ABCP-009-001-X16-3
Naples, Florida 34105
23ne:
•Pho9.403.6700 Fax: 239.261.1797
X 1 6-3
Email: into®Pen-eng.com Websire: www.Pen-eng.com
Florida Certi(ica[e of Authorization 428275
Sheet Number: 03 of 08
EXHIBIT 8
Exhibit 8
Facilities and Services
Brightshore Community Development District
Proposed Facilities and Services
Improvement
Funded By
Ownership
Operation &
Maintenance
Roadway Improvements
CDD
CDD
CDD
Stormwater Management
CDD
CDD
CDD
Potable Water
CDD
County
County
Sanitary Sewer
CDD
County
County
Irrigation
CDD
CDD
CDD
Signage
CDD
CDD
CDD
Lighting
I CDD
CDD
CDD
Landscaping
CDD
CDD
CDD
Amenity Improvements
CDD
CDD
CDD
Preserve (Sending Area - Offsite)
Land Owner
Land Owner
CDD
Preserve (Onsite)
CDD
CDD
CDD
Public Park
CDD
CDD
CDD
EXHIBIT 9
Exhibit 9
Estimated Costs
Brightshore Community Development District
Estimate of Costs
Improvement
Estimated Cost
Earthwork
$8,500,000
Roadway Improvements (Paving)
$2,000,000
Drainage/Stormwater Management
$2,000,000
Potable Water
$2,200,000
Sanitary Sewer
$3,500,000
Irrigation
$1,500,000
Signage
$500,000
Lighting
$750,000
Landscaping
$3,000,000
Amenity Improvements
$10,000,000
Preserve (On & Offsite)
$750,000
Design (Engineering & Architecture)
$1,900,000
Entry, Bridges, and Gate House
$6,500,000
Park
I $1,000,000
Contingency
$2,500,000
Total Cost
$46,600,000
EXHIBIT 10
BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs has been prepared as a component of
the petition filed with the Board of County Commissioners of Collier County, Florida, to
establish the Brightshore Community Development District ("District") in accordance
with Chapter 190.005, Florida Statutes ("F.S."). Specifically, Section 190.005(1)(a)8,
F.S., requires that, as part of the petition, a Statement of Estimated Regulatory Costs
be prepared pursuant to Section 120.541, F.S.
A community development district (a "CDD") is established under the Uniform
Community Development District Act of 1980, Chapter 190, F.S., as amended (the
"Act"). A CDD is a local unit of special-purpose government that is limited to the
performance of those specialized functions authorized by the Act. Those specialized
functions consist of planning, financing, constructing and maintaining certain public
infrastructure improvements and community development services. As an independent
special district, the CDD's governing body establishes its own budget and, within the
scope of its authorized powers, operates independently of the local general-purpose
governmental entity (i.e., the county or the city) whose boundaries include the CDD.
However, a CDD cannot regulate land use or issue development orders; those powers
reside with the local general-purpose government. The Legislature has, in Section
190.004(3), F.S., made this clear by stating:
"The establishment of an independent community development district as
provided in this act is not a development order within the meaning of chapter
380. 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
Community Planning Act. A district shall take no action which is
inconsistent with applicable comprehensive plans, ordinances, or
regulations of the applicable local general-purpose government."
In addition, the parameters for the review and evaluation of community development
district petitions are clearly set forth in Section 190.002(2)(d), F.S., 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."
Therefore, the scope of this Statement of Estimated Regulatory Costs is limited to an
evaluation of those factors pertinent to the establishment of a CDD as defined by the
Legislature and outlined in Section 120.541(2), F.S. The purpose of Chapter 190, F.S.,
is to provide another tool to government and private landowners in their efforts to comply
with comprehensive plans which require adequate public facilities and services as pre-
conditions for future development.
A CDD is a special purpose unit of local government that is established for the purpose
of providing an alternative mechanism for financing the construction of public
infrastructure. A CDD must be structured to be financially independent as intended by
the Legislature. The cost of any additional public improvements to be constructed or
any additional services to be provided by Collier County (the "County") as a result of
this development will be incurred whether the infrastructure is financed through a CDD
or any other alternative financing method. The annual operations and administrative
costs of the District will be borne entirely by the District and will not require any subsidy
from the State of Florida or the County, nor will it place any additional economic burden
on those persons not residing within the boundaries of the District.
1.2 Overview of the Brightshore Community Development District
The proposed District will encompass approximately 681.5+/- acres on which Hogan
Farms, LLC ("Petitioner") plan to develop a mixed -use project ("Project"), which
currently contemplates approximately 2,000 residential units and 120,000 square feet
of retail and office uses and 20,000 square feet of civic, government and institutional
uses. The Petitioner is seeking authority, as outlined in Section 190.012, F.S., to
establish the District in order to finance, fund, plan, establish, acquire, construct or
reconstruct, enlarge or extend, equip, operate and maintain systems, facilities and basic
infrastructure that includes, but is not limited to: storm drainage, roadways and
sidewalks, wastewater collection, potable water, landscaping, amenities or any other
project, within or outside the boundaries of the District, as required by a development
order issued by a local government or the subject of an agreement between the District
and a governmental entity. Tables 1 and 2 under Section 5, below, estimates the costs
and details the anticipated improvements and ownership/maintenance responsibilities
the proposed District is anticipated to construct, operate, maintain and/or convey.
If approved, the District will be authorized to finance these types of infrastructure
improvements through special assessment revenue bonds. Repayment of these bonds
will be through non -ad valorem assessments levied against all benefited properties
within the District. Ongoing operation and maintenance for District -owned facilities is
expected to be funded through maintenance assessments levied against all benefited
properties within the District.
2
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:
(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 five (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 five (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 five (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 Section 288.703,
F.S. and an analysis of the impact on small counties and small cities as defined
in Section 120.52, F.S. 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.
(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 Section 120.0541(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 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.
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 five (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 five (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 five (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.
4
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 five (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 681.5 +/- 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. Private developers of the land in the
District will use private funds to conduct the private land development and construction
of an anticipated approximately 2,000 residential dwelling units, 120,000 square feet of
commercial uses and 20,000 square feet of civic, government and institutional uses, 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 Petitioner means
that the Petitioner 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.
5
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 five (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 not likely to 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 ensure 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 4.1, 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 establishment 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.
r.�
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 services 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 (5)-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 because of the tax-exempt
nature of their debt, certain improvements can be provided more efficiently by the
District than by alternative entities and/or funding sources. 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 property owners
outside of 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 $15,000 filing fee submitted to the
County again as noted in Section 4.1.
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 other alternative financing
methods.
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.
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 681.5+/-
acre mixed -use master planned residential development currently anticipated to
contain a total of approximately 2,000 residential dwelling units, 120,000
commercial square feet, and 20,000 square feet of civic, government and
institutional uses although the development plan can change. Assuming an
average density of 2.39 persons per residential dwelling unit, the estimated
residential population of the proposed District at build out would be approximately
4,780+/- and all of these future residents as well as the future 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.
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 of $15,000,
which is included with the petition and offsets 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.
9
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.
The District will incur costs for operations and maintenance of its facilities and for its
administration. These costs will be completely paid for from annual assessments levied
against all properties within the District benefiting from its facilities and its services.
4.2 Impact on State and Local Revenues
It is anticipated that approval of this petition will not have any negative effect on state or
local revenues. The District is an independent unit of local government. It is designed
to provide community facilities and services to serve the Project. It has its own sources
of revenue. No State or local subsidies are required or expected. There is however,
the potential for an increase in State sales tax revenue resulting from a stimulated
economy although it is not possible to estimate this increase with any degree of
certainty.
In addition, local ad valorem tax revenues may be increased due to long-lasting
increases in property values resulting from the District's construction of infrastructure
and on -going maintenance services. Similarly, private development within the District,
which will be facilitated by the District's activities, should have a positive impact on
property values and therefore ad valorem taxes. In addition, impact fee and
development permit revenue are expected to be generated by private development
within the District and, accordingly, should also increase local revenues.
Lastly, some express a concern that a District obligation could become a State, County
or City obligation thereby negatively affecting State or local revenues. This cannot
occur, as Chapter 190 specifically addresses this issue and expressly states in Section
190.016(15), F.S.:
'It is further the purpose and intent of the Legislature that no debt or
obligation of a district constitutes a burden on any local general-purpose
government without its consent." Section 190.002(3), F. S. "A default on the
bonds or obligations of a district shall not constitute a debt or obligation of
a local general-purpose government or the state. "
In summary, establishing the District will not create any significant economic costs for
the State of Florida or for the County.
10
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 illustrates the estimated costs of construction of the capital facilities. Total costs
of construction for those facilities that may be provided are estimated to be
approximately $46,600,000. 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 1.
Prospective future landowners in the proposed District may be required to pay non -ad
valorem 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.
The transactional costs associated with adoption of an ordinance to establish the District
are primarily related to the financing of infrastructure improvements. The District will
determine what infrastructure it considers prudent to finance through the sale of bonds.
The District plans to provide various community facilities and services to serve the
properties within the District. An estimate of these facilities and services, along with
their estimated costs, are provided in Table 1 on the next page.
11
Table 1
BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT
Estimated Costs of Construction
Capital Improvement
Estimated Cost
Earthwork
$8,500,000
Roadway Improvements (Paving)
$2,000,000
Drainage/Stormwater Management
$2,000,000
Potable Water
$2,200,000
Sanitary Sewer
$3,500,000
Irrigation
$1,500,000
Signage
$500,000
Lighting
$750,000
Landscaping
$3,000,000
Amenity Improvements
$10,000,000
Preserve (On & Offsite)
$750,000
Design (Engineering & Architecture)
$1,900,000
Entry, Bridges, and Gate House
$6,500,000
Park
$1,000,000
Contingency
$2,500,000
Total Estimated Costs — Entire Project
$46,600,000
Source: Peninsula Engineering, Inc.
It is important to note that the various costs are typical for developments of the type
contemplated here. In other words, there is nothing peculiar about the District's
financing estimates for the infrastructure. These costs are not in addition to normal
project costs. Once the decision is made to issue bonds, it is expected that special
assessments will be levied against benefited property owners within the proposed
District.
The revenue generated by payment of these special assessments will be used to repay
the bonds. The obligation to pay the special assessments will "run with the land" and
will be transferred to new property owners upon sale of any portions of the property. It
should be noted that the District may not fund all of its planned public infrastructure
improvements via the issuance of long-term bonds.
To fund the cost of maintaining infrastructure that the District maintains, operation and
maintenance assessments may be imposed on the District property owners. As with
the special assessments for infrastructure acquisition and construction, the property
owner will be responsible for payment of these special assessments on the basis of the
amount of benefited property owned.
12
All persons choosing to acquire property in the District will be responsible for such
special assessments in addition to the taxes or assessments imposed by the County or
other taxing authorities. In exchange for the payment of these special assessments,
there are potential benefits to be derived by the future property owners. Specifically,
these persons can expect to receive a higher level of services because they, the
property owners, will initially elect the members of the District's Board of Supervisors.
Further, the District is limited in jurisdiction and responsibility to this single project.
Therefore, the District should be extremely responsive to the needs of the property
owners within the District.
Table 2 below provides an outline of the various facilities and services the proposed
District may provide. The District plans to fund, own, operate and maintain the District
public roadway. The District will fund and construct the utilities, and the District will
dedicate them to the County. The District will also fund and own the public roads, the
public irrigation system, the public signage, the public lighting, the public amenity, the
public park and the public on and offsite preserves.
Table 2
BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT
Proposed Facilities and Services
Facility
Funded By
O&M By
Ownership
Public Roads
CDD
CDD
CDD
Private Roads
Neighborhood Builder
Neighborhood POA
Neighborhood POA
Stormwater Management
CDD
CDD
CDD
Potable Water
CDD
County
County
Sanitary Sewer
CDD
County
County
Irrigation
CDD
County
County
Signage
CDD
CDD
CDD
Lighting
CDD
CDD
CDD
Landscaping
CDD
CDD
CDD
Amenity Improvements
CDD
CDD
CDD
Preserve (On & Offsite)
CDD
CDD
CDD
Public Park
CDD
CDD
CDD
Source: Applicant and Peninsula Engineering, Inc
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.
13
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 lands within
the District.
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.
14
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.
Collier County has a population of 375,752 according to the Census 2020 conducted by
the United States Census Bureau and is therefore not defined as a "small" county
according to Section 120.52, F.S.
Establishing the District should not have any negative impact on small businesses. Any
business, large or small, has the option of locating itself in a CDD provided the local
governmental authority has issued the appropriate land use approvals. Those that
choose this option will be subject to the financial obligations imposed by the District and
will accrue the benefits resulting from being in the District.
Furthermore, the District must operate according to Florida's "Sunshine" laws and must
follow certain competitive bidding requirements for certain goods and services it will
purchase. As a result, small businesses should be better able to compete for District
business serving the lands to be included within the District.
A CDD does not discriminate in terms of the size of businesses that can be located
within the boundaries or transact business with the CDD. Establishment of the District
should have a positive impact on the small businesses of the local economy. As outlined
above, success of the Project should generate increased employment and stimulate
economic activity in the area through increased construction expenditures related to
infrastructure and private development, thus providing enhanced opportunity for small
businesses. The establishment of a District should not have a negative impact on small
cities or counties, because the cost to construct the infrastructure is borne entirely by
the property owners within the District.
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.
Certain data utilized in this report was provided by the Petitioner and represents the
best information available at this time. Other data was provided by the Project Engineer
and Real Estate Econometrics, Inc. and was based on observations, analysis and
experience with private development and other CDD's in various stages of existence.
15
Finally, it is useful to reflect upon the question of whether the proposed formation of the
District is the best alternative to provide community facilities and services to the Project.
As an alternative to the District, the County could finance the public infrastructure
improvements, either directly or through the use of a County -controlled special taxing or
assessment district.
However, the County undertaking the implementation of the improvements would
naturally have an impact on the finances of the County. Unlike the District, this
alternative would require the County to continue to administer the Project and its
facilities and services. As a result, the costs for these services and facilities would not
be sequestered to the land directly benefiting from them, as the case would be with the
District. Additionally, the financing of the Project through the issuance of debt by a
County -created district could impact the County's credit rating.
Another alternative to the District would be for the developer to provide the infrastructure
and to use a property owners association ("PDX) for operations and maintenance of
community facilities and services. A District is superior to a POA for a variety of reasons.
First, unlike a POA, a District can impose and collect its assessments in the same
manner as ad valorem property taxes. Therefore, the District is far more assured of
obtaining its needed funds than is a POA. Second, the proposed District is a unit of
local government and so must operate pursuant to Florida's Govern ment-in-the-
Sunshine laws and other regulations applicable to public entities. Finally, the District
has the ability to issue tax exempt municipal -grade bonds to finance the construction of
infrastructure improvements providing for a mechanism to lower the impact of costs
A District also is preferable to these alternatives from a government accountability
perspective. With a District as proposed, property owners within the District would have
a focused unit of government under their direct control. The District can then be more
responsive to property owner needs without disrupting other County responsibilities.
16
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 Brightshore Community Development
District.
Real Estate Econometrics, Inc. certifies that this SERC meets the requirements for a
SERC as set out in Chapter 120.541, F.S.
Below is a listing of some of the SERCs developed by Real Estate Econometrics, Inc.
• Capital Region Community Development District
• Cypress Shadows Community Development District
• City Gate Community Development District
• Twin Lakes Community Development District
• One Daytona Community Development District
• Hacienda Lakes Community Development District
• Hacienda Lakes Community Development District (Boundary Change)
• Fronterra Community Development District
• Fiddler's Creek Community Development District #1 (Boundary Scrivener's Error)
• Fiddler's Creek Community Development District #2 (Boundary Scrivener's Error)
• Fiddler's Creek Community Development District #1 (Boundary Change)
• Fiddler's Creek Community Development District #2 (Boundary Change)
• Hacienda North Community Development District
17
Appendix A
LIST OF REPORTING REQUIREMENTS
REPORT
FL. STATUTE 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 the end of the Fiscal Year
TRIM Compliance
200.068
no later than 30 days following the adoption of the property tax
Report
levy ordinance/resolution (if levying property taxes)
within 30 days of accepting the appointment, then every year
Form 1 - Statement of
112.3145
thereafter by 7/1 (by "local officers" appointed to special district's
Financial Interest
board); during the qualifying period, then every year thereafter by
7/1 (by "local officers" elected to special district's board)
within one year of special district's creation; then annual notice of
Public Facilities Report
189.08
any changes; and updated report every 7 years, 12 months prior to
submission of local government's evaluation and appraisal report
Public Meetings
189.015
quarterly, semiannually, or annually
Schedule
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 30 days after the effective date of an ordinance establishing
the District
Notice of Public
190.009
file disclosure documents in the property records of the county
Financing
after financing
20-Year Stormwater
403.9302
June 30, every 5-years, next cycle is in 2027
Needs Analysis
18
EXHIBIT 11
AUTHORIZATION OF AGENT
This letter shall serve as a designation of Alyssa Willson of Kutak Rock LLP, whose
address is 107 West College Avenue, Tallahassee, Florida 32301, to act as agent with regard to
any and all matters pertaining to the Petition to the Board of County Commissioners of Collier
County, Florida, to establish a Community Development District pursuant to Chapter 190,
Florida Statutes. The petition is true and correct. This authorization shall remain in effect until
revoked in writing.
Witnessed:
Print Name: �r�,/cV/lGt Ott • lJ(�`v�
�V
Print Name:
STATE OF FLORIDA
COUNTY OF C OT.T.TER
HOGAN FARMS, LLC
a Flor a ted lMty company
By: V7. �a�'NSaN
Its:o�€wprrr-
I hereby certify that on this day, before me, by means of B"P'hysical presence or O online
notarization, an officer duly authorized to take acknowledgments, personally appeared
-y�v iv) ,R as gpa j, C+'k CcoPnt' -of Hogan Farms, LLC, who executed the foregoing
instrument, acknowledged before me that s/he executed the same on behalf of the foregoing
entity and was identified in the manner indicated below.
Witness my hand and official seal this LD u day of MP -IL- , 2022.
SABINA E. HARDY
MY COMMISSION # GG 287225
+r; EXPIRES: January 14, 2023
Bonded Thru Nola
ry Public Underwriters
Notary Public
Personally known: OAS lb 1�. 0,r=j jcnt l
Produced Identification: KQo�������
Type of Identification: