Ordinance 2008-26
ORDINANCE NO. 08 - 26
N ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE DISSOLUTION OF THE COPPER
COVE COMMUNITY DEVELOPMENT DISTRICT
PURSUANT TO SECTION 190.046(9), FLORIDA STATUES;
PROVIDING FOR THE DISSOLUTION OF ALL THE
COMMUNITY DEVELOPMENT SERVICES OF THE
COPPER COVE COMMUNITY DEVELOPMENT
DISTRICT, IN ACCORDANCE WITH A PLAN OF
DISSOLUTION; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the Copper Cove Community Development District (the "District") was
established by Ordinance No, 06-17 of the Board of County Commission of Collier County,
Florida, pursuant to Chapter 190, Florida Statutes, on April 25, 2006; and
WHEREAS, the District is located wholly within the boundaries of Collier County,
Florida (the "County"); and
WHEREAS, the District operations have been and currently are funded solely by the
contributions, in lieu of taxes or assessments, by Colonial Homes, Inc" the developer and
majority land holder within the District (the "Developer"); and
WHEREAS, the District has not issued any bonds, notes or other forms of indebtedness
and has no outstanding financial obligations and no operating or maintenance responsibilities;
and
WHEREAS, the dissolution of the District will not harm or otherwise injure any interests
of the current owners of land or residents of the District, nor harm nor otherwise injure any
interests of any other party within or without the District; and
WHEREAS, the District's Board of Supervisors and the owner of one-hundred (100%) of
the lands within the District request that the County adopt this non-emergency ordinance
providing for the dissolution of all community development services of the District and to
provide for the dissolution of the District in accordance with Section 190.046(9), Florida Statutes
(2007); and
WHEREAS, the District's Board of Supervisors has adopted Resolution No. 2007-23
dated August 29, 2007 adopting a Plan of Dissolution and expressing the District's desire that the
County adopt the same Plan of Dissolution, which Plan of Dissolution is attached to this
Ordinance a Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AUTHORITY FOR ORDINANCE.
This Ordinance is adopted in compliance with and pursuant to the Uniform Community
Development Act of 1980 codified in Chapter 190, Florida Statutes,
Page I of2
SECTION TWO: INCORPORATION OF WHEREAS CLAUSES.
All of the above representations, findings and determinations contained within the
Whereas Clauses of this Ordinance are recognized as true and accurate, and are incorporated
expressly into this Ordinance and made a material part of this Ordinance,
SECTION THREE: ADOPTION OF PLAN OF DISSOLUTION.
The County hereby approves and adopts the plan of Dissolution of the Copper Cover
Community Development District, attached to this Ordinance as Exhibit "A",
SECTION FOUR: DISSOLUTION OF DISTRICT.
Once all community development services of the District have been dissolved and upon
compliance with all the terms of the Plan of Dissolution, the District shall file a copy of the Plan
of Dissolution and this Ordinance with the Clerk of the Twentieth (20th) Judicial Circuit in and
for Collier County, Florida, in accordance with Section 190,046(6), Florida Statutes, Upon the
filing of the Plan of Dissolution and this Ordinance with the Clerk of the Circuit Court, the
District is hereby dissolved without further action by either the County or the District
SECTION FIVE: SEVERABLITY.
In any provision of this Ordinance or the application thereof is finally determined by a
court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be
deemed to be severable and the remaining provisions shall continue in full force and effect
provided that the invalid, illegal, or unenforceable provision is not material to be logical and
intended interpretation of this ordinance.
SECTION SIX:
EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Florida Department of State,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~1~ day of rvl ~ ,2008,
ATTEST:
DWIGHT E,BROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIE~lOUNTY, LORID~
By: :J'fJ1-
TOM HENNING, CHAIRM N
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(':<',"-'.,'1 ., ,..,'
Approved a~~to' ftin1'
and legal sufficiency:
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"1)IQI~' (Jh.IJ1;VdJJL.J::-~
Matj eM, Student-Stirling
Assistant County Attorney
Page 2 of2
PLAN OF DISSOLUTION FOR
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
1. PURPOSE. The purpose of this Plan of Dissolution is to provide a plan for the orderly
dissolution of the Copper Cove Community Development District (the '"District").
2. CONSTRUCTION. This Plan of Dissolution shall be construed liberally to accomplish the
smooth and orderly dIssolution of the District
3. AUTHORITY. Section 190.046(9), Florida Statutes provides that if a district has no
outstanding financial obligations and no operating or maintenance responsibilities, upon petition of the
district, the district may be dissolved by a non- emergency ordinance of the local governmental entity that
established the district.
4. SERVICES. The District is currently managed by a contract administrator and has no
employees. Legal counsel has been retained by the District by contract to provide legal services to the
District. The District currently does not provide any community development services to the owners of
lands within the boundaries of the District. The District Manager and District Counsel are responsible for
filing any final reports or other documents on behalf of the District that are required by law, and for
performing any and all other actions on behalf of the District within thirty (30) days after the effective
dissolution of the District. Following dissolution of the District, all outstanding invoices from the District
Manager and District Counsel are to be submitted to and paid directly by Colonial Homes, Inc.
5. ASSETS AND LIABILITIES. The District has no real property, infrastructure or other assets
and has no debt or maintenance responsibilities.
6. CONTRACTUAL OBLIGATIONS OF THE DISTRICT.
A. All existing contractual obligations of the District shall be addressed as follows:
(1) The District's agreement with the law firm of Goodlette, Coleman, Johnson,
Yovanovich & Koester, P.A. to serve as District Counsel shall terminate upon the
effective dissolution of the District. The District will obtain an appropriate release or
other acknowledgment of the termination from Goodlette, Coleman, Johnson,
Yovanovich & Koester, P.A.
(2) The District's agreements with the firm of Wrathell, Hart, Hunt and Associates, LLC
to serve as District Manager shall terminate upon the effective dissolution of the District.
The District will obtain an appropriate release other acknowledgment of the termmation
from Wrathell, Hart, Hunt and Associates, LLC.
B. All revenue agreements with Colonial Homes, Inc. shall expire and be void upon final
payment of all financial obligations of the DIstrict to any third party beneficiary, including any payments
due to Collier County (the '"County"), any other governmental entity, the Distnct Manager and/or District
Counsel resulting from the dissolution of the District.
7. FINANCE. The District maintains one operatmg account with SunTrust Bank. The revenue in
this operating account IS proVIded via a funding agreement with Colonial Homes, Inc. The balance of this
account is approximately $300.
Exhibit A
8. NOTICE OF DISSOLUTION. District Counsel shall file a Notice of Dissolution of the Copper
Cove Community Development District in the Public Records of Collier County, Florida. A copy of the
Ordinance passed by the County dissolving the District shall be transmitted to the Florida Department of
Community Affairs by the County pursuant to Section 189.418, Florida Statutes.
9. OFFICIAL DISTRICT RECORDS. All official records of the District shall be transferred to
the Florida Secretary of State by the District Manager. However, such a transfer of official District
records shall not occur as long as the District has an obligation, under any law, to keep and maintain any
such official District record. If any official record of the District cannot be transferred prior to the
dissolution of the District, then the failure by the District Manager to transfer such a record shall not
cause this Plan of Dissolution to not be completed within the time permitted, Any such record shall be
transferred by the District Manager to the Florida Secretary of State as soon as is practicable after the
dissolution of the District, in accord with this Plan of Dissolution.
10. OPERATION OF TmS PLAN OF DISSOLUTION. This Plan of Dissolution shall be carried
out in accordance with of Resolution 2007-23 of the District's Board of Supervisors to dissolve the
District After complying with the terms of this Plan of Dissolution, the District will be dissolved without
any further action.
Exhibit A
Copper Cove Community Development District
Certificate of Financial Disposition
The undersigned, acting on behalf of the Copper Cove Community Development District,
(the District), as District Manager, in connection with the financial status of the Copper
Cove Community Development District (Collier County, Florida), hereby certifies as
follows:
1. The Copper Cove Community Development District, in Collier County,
Florida, has incurred no liabilities subsequent to its establishment
effective the 25th day of April, 2006, through the date of this certification,
the 11 th day of March 2008.
IN WITNESS WHEREOF, I HAVE SIGNED, the certificate on behalf of the District,
this II th day of March, 2008.
Copper Cove CDD
BY:
-
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Exhibit A
RESOLUTION NO. 2007-23
A RESOLUTION OF COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT REQUESTING THAT THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA DISSOLVE THE DISTRICT PURSUANT
TO SECTION 190.046(9), FLORIDA STATUTES; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF COPPER COVE
COMMUNITY DEVELOPMENT DISTRICT:
SECTION 1. AUTHORITY FOR THIS RESOLUTION, The Board of
Supervisors (the "Board") of Copper Cove Community Development District (the "District") is
authorized to adopt this Resolution under the authority granted by the provisions of Chapter 190,
Florida Statutes, as amended, its Charter (Ordinance No, 2006-17 adopted by the Board of
County Commissioners of Collier County, Florida on April 25, 2006, (hereinafter, the
"Ordinance") and other applicable provisions oflaw (collectively, the "Act").
SECTION 2.
FINDINGS.
A. Pursuant to the Ordinance, Collier County established Copper Cove Community
Development District (the "District") as a community development district within the meaning of
Chapter 190, Florida Statutes.
B. The District has no outstanding financial obligations, does not own any
infrastructure or other public assets, improvements or facilities, and has no operation or
maintenance responsibilities. The District meets the requirements for dissolution by non-
emergency ordinance of Collier County pursuant to Section 190.046(9), Florida Statutes,
C. The Board of Supervisors of the District desires to adopt this resolution requesting
that the Board of County Commissioners of Collier County dissolve the District by ordinance
pursuant to Section 190.046(9), Florida Statutes.
SECTION 3. REQUEST FOR DISSOLUTION OF THE DISTRICT. The
District hereby requests the Board of County Commissioners of Collier County dissolve the
District by ordinance pursuant to Section 190,046(9), Florida Statutes, The District's General
Counsel and District's Manager are hereby authorized, individually or collectively, to submit this
resolution to Collier County and to further take such action as is appropriate or necessary to
pursue and obtain the dissolution of the District as requested hereunder,
SECTION 4. SEVERABILITY. Should any sentence, section, clause, part or
provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the
EXHIBIT A
1
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same shall not affect the validity of this Resolution as a whole, or any part thereof, other than the
part declared invalid.
SECTION 5.
upon its adoption.
EFFECTIVE DATE. This Resolution shall be effective immediately
PASSED AND ADOPTED at a meeting of the Board of Supervisors of Copper Cove
Community Development District this 29th day of August, 2007.
COPPER COVE COMMUNITY
DEVELOPMENT DISTRIC
a:-/!
Attest:
EXHIBIT A
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January 4,2008
To Whom It May Concern:
Due to the economic conditions surrounding the homebuilding industry in South Florida
we are requesting that the Copper Cove Comrnunity Development District be dissolved.
It has becorne apparent that residential lots are unrnarketable with the CDD burden
associated.
The Copper Cove development is in its infancy and at this time no lots have been
transferred to third party buyers, so this is an opportune tirne to take this action. We
respectfully ask that you accommodate our request. We are available to furnish any
additional information and answer any questions you rnay have,
sm
Alan S, Farrior
President
PF I th
2000 Interstate Park Drive. Suite 300.Mont8omer~, AL 3610g.(334l270-678g.Pax (334)270-6538
LANDOWNER'S CONSENT TO DISSOLUTION OF THE
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
COLONIAL HOMES, INC., a Florida corporation, hereby certifies that it is the owner
or controller of certain property located in Collier County, Florida and more particularly
described on Exhibit "A" attached hereto and made a part hereof.
By signing below, tJJ/7/;;'; /kt:'5At , as owner, or controller of the
above-described property located within the COPPER COVE COMMUNITY DEVELOPMENT
DISTRJCT (the "District"), as evidenced in the deed records of Collier County, Florida hereby
gives full consent to the dissolution of the District by Collier County ordinance in accordance
with Section 190.046, Florida Statutes.
IN WITNESS WHEREOF, I hereunto set my hand this ll!:- day of \'.t>U,Y11 VI '
2007.
By:
Name:
t:: f. IN,-,,,,
Title:
STATE OF R\alX2^/l Q/
COUNTY OF ~&J
The forego!~g instrument was acknowledged iJWore me this ~ day of ['fCCiIl l )f'( ,
2007, by Jl:.ltL \ .'j ta(((.:)( ,as fltC'.\id~{ of Colonial Homes,
Inc" a Florida corporation, on behalf of the corporation..~e is rY] personally known to me
or [ ] has produced as identification,
,;hac~rHa Jac
Notary Publ c _.. .
PRINTNA~:J (Q.C0I Her li<0
My cOImmSSlOn exprres: ( ( i) c':\,
Exhibit" A"
Legal Description or Colonial Homes Property
All of that certain real property submitted to plat of Copper Cove Preserve, according to the plat thereof
recorded in Plat Book 46, Pages 1 through 8, inclusive, of the Public Records of Collier County, Florida.
LESS AND EXCEPT the following real property:
Lots 38, 48, 49, 52, 53, 54, 57, 76, 77, 79, 81, 82, 84, 88,114, and 117, Copper Cove Preserve, according
to the plat thereof recorded in Plat Book 46, Pages 1 through 8, inclusive, of the Public Records of Collier
County, Florida,
LANDOWNER'S CONSENT TO DISSOLUTION OF THE
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
MERIT AGE HOMES OF FLORIDA, INC., an Arizona corporation, hereby certifies
that it is the owner or controller of certain property located in Collier County, Florida and more
particularly described on Exhibit "A" attached hereto and made a part hereof.
By signing below, /vi '1,) I i\ i\ [ / I~: c., , as owner, or controller of the
above-described property located within the COPPER COVE COMMUNITY DEVELOPMENT
DISTRICT (the "District"), as evidenced in the deed records of Collier County, Florida hereby
gives full consent to the dissolution of the District by Collier County ordinance in accordance
with Section 190,046, Florida Statutes,
IN WITNESS WHEREOF, I hereunto set my hand this ~day o[IJcCUI\\'itC.- ,
2007,
MERITAGE HOMES OF FLORIDA, INC.,
an Arizona corporation
~:/)tif:1~L~ .J
NamelbJH<';/J- d- f-~ /IIi
Title: V PCl) Sv I' e ,J
STATE OF rL
COUNTY OF L n-
The foregoing instrument was acknowledged before me this 13""day of Ute c 1--\ 'kT<- ,
2007,by ~l,\l":' "'\\1,,,-", ,as \:9,,\;,\,l'. of Meritag~J..Iom~
of ~ an Arizona corporation, on behalf of the corporation. He/€h~ is [ ] ~lsonal!y'
/ kilown to me or 1 ] .has-protIticed--- - as identification.
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/)p'(L( ,,\ ) )kUI"')
Notary Public ,
PRINT NAME: i (I,,' I( III ; I I'
My commission expires: I r. l I
Exhibit "A"
Legal Description of Meritage Homes Lots
Lots 38, 48, 49, 52, 53, 54, 57, 76, 77, 79, 81,82, 84, 88, 114, and 117, Copper Cove Preserve, according
to the plat thereof recorded in Plat Book 46, Pages 1 through 8, inclusive, of the Public Records of Collier
County, Florida.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E, BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-26
Which was adopted by the Board of County Commissioners
on the 27th day of May, 2008, during Regular Session,
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of May, 2008,
DWIGHT E. BROCK
Clerk of Courts and;~le~~
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Ex-officio to Bq>ard of
County Commiss:j,on.,.:r-S
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lUUA ~O.C
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By: Ann Jennejohn, .
Deputy Clerk