Agenda 11/15/2016 Item #17A 17.A
11/15/2016
EXECUTIVE SUMMARY
Recommendation to Adopt an Ordinance establishing the Orange Blossom Ranch Community
Development District(CDD)pursuant to Section 190.005,Florida Statutes.
OBJECTIVE: For the Board of County Commissioners(Board)to review and consider a petition for the
establishment of the "Orange Blossom Ranch" Community Development District (CDD) by adoption of
an Ordinance.
BACKGROUND: The Orange Blossom Ranch Planned Unit Development (PUD), located in the Rural
Settlement Area District as depicted in the Future Land Use Map, adopted on November 16, 2004, by
Ordinance No. 2004-74, consisting of 616± acres. The PUD having sunset on November 16, 2007, was
extended on December 11,2007 per Resolution No. 2007-352.
CONSIDERATIONS: On August 10, 2016, RP Orange Blossom Owner, LLC, a Delaware Limited
Liability Company, (Petitioner) filed a petition with the Growth Management Department, Zoning
Division, Comprehensive Planning Section, for the establishment of the "Orange Blossom Ranch" CDD
within the Orange Blossom Ranch PUD. A mandatory $15,000 application fee was submitted with the
petition.
The proposed District is located entirely within Collier County,Florida. The proposed District consists of
219.79+ acres of land within the Orange Blossom Ranch PUD. The site is located in Section 13,
Township 48 South, and Range 27 East. A map showing the location of the land area to be serviced by
the District appears as Exhibit"lB"to the petition. A metes and bounds description of the proposed CDD
�-� can be found in Exhibit"lA"of the petition and as to the Ordinance establishing the CDD.
The proposed CDD includes an area planned for approximately 984 residential units and amenities of the
approved 1,600 residential units within the Orange Blossom Ranch PUD. As of the date of the first of
four advertisements required for the establishment of this CDD, no PUD amendment petitions for this
project will be filed with Collier County.
By adopting the Ordinance and granting the petition the Board would authorize the District, through its
Board of Supervisors,to manage and finance certain basic infrastructure for the benefit of the landowners
and residents of the "Orange Blossom Ranch" Development. This infrastructure, under Section
190.012(1),Florida Statutes, includes basic urban systems, facilities and services,including water supply,
sewers and wastewater management, surface water control and management (drainage), and roads,
bridges and street lights. 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, 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.
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)). By operation of law, after six(6) years of duration and
at least 250 registered electors residing within the District. The Supervisors are elected on a one-person,
one-vote basis by such registered electors.
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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 "Orange Blossom Ranch"
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 in a more economical manner, 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 establishment of a
CDD of less than 2,500 acres shall be by County Ordinance. Section 190.005, Florida Statutes outlines
the specific content required in the petition and further outlines six (6) factors for the Board of County
Commissioners to consider in determining whether to grant or deny a petition for the establishment of a
CDD, as follows:
1. Whether all statements contained within the petition have been found to be true and
correct.
2. Whether the creation of the District is inconsistent with any applicable element or portion
of the state comprehensive plan or of the effective local government comprehensive plan.
3. Whether the area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
community.
4. Whether the District is the best alternative available for delivering community
development 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
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development services and facilities.
6. Whether the area that will be served by the District is amenable to separate special-
District government.
The Orange Blossom Ranch PUD is approved for development of up to 1,600 residential units on 616±
acres. The District encompasses 219.79± acres upon which the Petitioner has represented that 984
residential units will be developed. Per the Petitioner, the entire CDD property is currently owed by RP
Orange Blossom Owner,LLC, a Delaware Limited Liability Company and located in the northern portion
(north side of Oil Well Road)of the PUD.
• By a separate petition, an additional request for the Orange Blossom Groves
Community Development District (CDD), for 235 residential units on 89.98±
acres is being proposed for development in the southern portion.
The PUD for Orange Blossom Ranch includes 616±acres, of which 93± is an existing lake parcel owned
by Collier County. Additionally,there is a 40±acre commercial parcel owned by a separate entity(Bryan
Paul Trust), as well as existing residential component that has operation and maintenance entities that
were previously established. The existing residential was previously permitted as Phase 1A(north of Oil
Well Road) and consists of 93± acres and 244 units, and Phase 1B (south of Oil Well Road) consists of
72± acres and 137 units. The existing development and the portions of the PUD are controlled by
different entities, and the existing residential total equals 381 units and 298± acres on top of what is
requested for both CDDs.
The acreages listed for the CDDs matches the legal descriptions of both CDDs. Any areas outside of that
boundary are either controlled by different entities or part of the existing development with an established
C HOA, as described above. This should explain why the proposed CDD's does not encompass the entire
property of the PUD:
Existing Residential Ph. 1 244 resid'l units 93.00±acres
Existing Residential Ph.2 137 resid'l units 72.00±acres
Yon):_P.,,' [) V 4 `" c°
Plus parcel owned by CC *property+Lake 93.00±acres
Plus parcel owned by other *commercial 40.00±acres
Estimation of%of+1-acres of 8.23±acres
rounded acreages=
TOTAL Residential (w/PUD
Boundary)1,600 residential units
616.00±Acres
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 Orange Blossom Ranch 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
"6" of the petition, "Statement of Estimated Regulatory Costs for "Orange Blossom Ranch" CDD
delineates the fiscal impacts and timing of impacts to be managed by the District. It is noteworthy that
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the estimated internal infrastructure and services to be financed by the CDD is $18,682,454.78 consisting
of earthwork, utilities construction, construction of the water management system, construction of a
landscape buffer/security facilities and design and permitting work.
DISTRICT RESPONSIBILITIES: According to the petition,the"Orange Blossom Ranch" CDD, if the
Ordinance is adopted, will assume responsibility for the construction of the following: Earthwork,
Wastewater System, Water Supply System, Surface Water Management, Entrance Features, Fences &
Gates.
"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.
GROWTH MANAGEMENT IMPACT: The 219.79+ acres of the"Orange Blossom Ranch" CDD lies
within the Rural Settlement Area District, as depicted on the Collier County Future Land Use Map.
Although the establishment of this District does not constitute any development approval, the plan of
development previously approved for the subject property has been determined to be consistent with the
Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or
development permits will be subsequently reviewed at the time of submittal, and will be subject to the
requirements and limitations specified in the Collier County Land Development Code(LDC), and will be
required to be consistent with the GMP in effect at that time.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality,and requires majority vote for approval. - JAK
RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt and enact
the proposed Ordinance establishing the "Orange Blossom Ranch" Community Development District
(CDD).
Prepared by: Marcia R. Kendall, Senior Planner, Comprehensive Planning, Zoning Division, Growth
Management Department
ATTACHMENT(S)
1.Attachment 2-Six Factors PL20160001930_OrangeBlossomRanchCDD (PDF)
2.Proposed Ordinance-Orange Blossom Ranch CDD-JA(PDF)
3. [Linked] CDD Petition Full_Submittal_O.B.Ranch (PDF)
4.OBRCDDPrefiled Testimonies ALL (PDF)
5.PL20160001930_OrangeBlossomRanchCDD-Ad 1 (PDF)
6.PL20160001930_OrangeBlossomRanchCDD Ad2 (PDF)
7.PL20160001930_OrangeBlossomRanchCDD Ad-3 (PDF)
8.Legal Ad-Orange Blossom Ranch CDD -ID 1966-Ad 4 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Item Summary: Recommendation to Adopt an Ordinance establishing the Orange Blossom Ranch
Community Development District(CDD)pursuant to Section 190.005,Florida Statutes.
Meeting Date: 11/15/2016
Prepared by:
Title: Planner,Senior—Zoning
Name: Marcia Kendall
10/11/2016 7:20 AM
Submitted by:
Title: Division Director-Planning and Zoning—Zoning
Name: Michael Bosi
10/11/2016 7:20 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/12/2016 1:33 PM
Zoning Michael Bosi Additional Reviewer Completed 10/12/2016 4:47 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/17/2016 3:26 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/17/2016 4:31 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/18/2016 8:37 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/31/2016 10:59 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 11:37 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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ATTACHMENT 2
STAFF ANALYSIS RELATIVE
TO THE SIX(6)FACTORS
FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION n
FOR ORANGE BLOSSOM RANCH CDD
Background: cc
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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 m
Commissioners to consider in determining whether to grant or deny a petition for the a�
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 of the effective local government L.)i
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 o�
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate
special-district government.
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Comprehensive Planning staff has reviewed the six factors referenced above and makes the CN
following findings with regard to the proposed Orange Blossom Ranch Community Development
District(CDD):
1. Whether all statements contained within the petition have been found to be true and
correct.
Zoning Division, Comprehensive Planning Section staff, along with the staff of the County
Attorney's Office, has reviewed the referenced Community Development District petition. Based c
upon the review of the petition and sufficiency information, staff believes that the information 0
found within these documents is, substantially true and correct.
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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. o
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The Orange Blossom Ranch Planned Unit Development (PUD) was originally approved by the c
Board of County Commissioners in 2004. After the PUD Sunset on November 16 2007, the c
PUD was extended and approved on December 11, 2007 per Resolution #2007-352. As part of 4:
the approval process, the development was found to be consistent with the Growth Management 0
Plan in effect at that time. The entire P.U.D. is designated within the Rural Settlement Area o
District, of the Collier County Future Land Use Map. The proposed CDD would be a unit of m
local government established specifically for the purpose of carrying out the approved Master al
Development Plan and commitments of the Orange Blossom Ranch Development. The CDD ca
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.
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As to consistency with the State Comprehensive Plan, the County staff notes that the CDD o�
process is established within Section 190 of the Florida Statutes. The petitioner has not deviated c
from the standard process, as established by the Statute. Section 187.201, Florida Statutes, Af
contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for E
Governmental Efficiency, which reads as follows: 0
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0 " Goal. --Florida governments shall economically and efficiently provide the amount and
quality of services required by the public." Cora
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Policy 2 within this goal area reads as follows: M
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"2. Allow the creation of independent special taxing districts which have uniform general 0o
law standards and procedures and do not overburden other governments and their taxpayers o
while preventing the proliferation of independent special taxing districts which do not meet these N
standards." n.
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As an "independent special taxing district", the proposed CDD is consistent with the State as
Comprehensive Plan. x
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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 E
1 functional interrelated community. v
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The proposed Orange Blossom Ranch Community Development District (CDD), if approved, Zi
would be within the size range of several CDDs within Collier County. For instance, the
Heritage Greens CDD comprises approximately 252± acres, the Key Marco CDD is E
approximately 174± acres in size, and the Pine Air Lakes CDD is approximately 149.9± acres. as
Based upon previous experience and the subsequent success of other Collier County CDDs, Q
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Comprehensive Planning Department staff believes that the Orange Blossom Ranch 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 6 — Statement of Regulatory Costs, of the CDD petition, there are cc
numerous alternatives available for the provision of infrastructure and services by and for an o
approved development. These include, but are not limited to the following: private funding o
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 o
area that will be served by the proposed district.
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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. o
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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 Ci
developer commitments that were part of the original P.U.D. and DRI approvals. The District
Board of Supervisors will not have the legal authority to implement any facilities, services or 07
development that would be inconsistent with its existing development approvals. c
6. Whether the area that will be served by the district is amenable to separate special- J
district government.
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Based upon staff findings concerning the previous five criteria, Comprehensive Planning LL
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 Orange Blossom Ranch Community '
Development District. a)
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ORDINANCE NO.2016-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE ORANGE
BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
LOCATED IN UNINCORPORATED COLLIER COUNTY AND
CONTAINING APPROXIMATELY 219.79 ACRES; PROVIDING FOR
THE AUTHORITY OF THE ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE ORANGE
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BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT;
PROVIDING FOR THE DESIGNATION OF THE INITIAL BOARD o
MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING o
FOR STATUTORY PROVISIONS GOVERNING THE DISTRICT;
PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR rn
PETITIONER'S COMMITMENTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF o
LAWS AND ORDINANCES;AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, RP Orange Blossom Owner, LLC, a Delaware limited liability company has
petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political
subdivision of the State of Florida, to establish the ORANGE BLOSSOM RANCH
COMMUNITY DEVELOPMENT DISTRICT(District);and
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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: co
1. The petition is complete and meets the requirements of Section 190.005, Florida
Statutes,and all statements contained within the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as -c
the Collier County Growth Management Plan,or the State Comprehensive Plan. o
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3. The area of land within the proposed District is of sufficient size, is sufficiently a.
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
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4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
[16-CPS-01591/1286006/1 1
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6. The area that will be served by the District is amenable to separate special-district
government.
WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
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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
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permitting powers governing development;and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental o
planning, environmental, and land development laws, regulations, and ordinances apply to all
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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 0
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government.
WHEREAS, pursuant to Section 190.012 (2)(d), Florida Statutes, upon the establishment
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of the proposed community development district, the District Board of Supervisors have sought
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consent from Collier County for the grant of authority to exercise special powers without 6
question as to the continued right, authorityand °
gh , power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 0
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COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: °o.
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SECTION ONE: AUTHORITY FOR ORDINANCE
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This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances. at
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SECTION TWO: ESTABLISHMENT OF THE ORANGE BLOSSOM RANCH
COMMUNITY DEVELOPMENT DISTRICT
The Orange Blossom Ranch 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
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The following five persons are herewith designated to be the initial members of the Board o
of Supervisors:
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1. Mark Taylor 2. Jim Reinders o
3066 Tamiami Trail North, 3066 Tamiami Trail North,
Suite 201 Suite 201
Naples,FL 34103 Naples,FL 34103
3. Brian O'Donnell 4. Ken Bloom
3066 Tamiami Trail North, 3066 Tamiami Trail North,
Suite 201 Suite 201
Naples, FL 34103 Naples,FL 34103 ce
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5. Karen Welks
3066 Tamiami Trail North, 0
Suite 201
Naples,FL 34103
SECTION FOUR: DISTRICT NAME °;
_
The community development district herein established shall henceforth be known as the
"Orange Blossom Ranch Community Development District." -a0
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SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT 2
The Orange Blossom Ranch Community Development District shall be governed by the
provisions of Chapter 190,Florida Statutes,and all other applicable general and local law.
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SECTION SIX: CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Orange Blossom Ranch Community
Development District will be duly and legally authorized to exist and exercise all of its powers as
set forth in Section 190.012(1),Florida Statutes,and as otherwise provided by law.
The Board hereby consents to the exercise by the Board of Supervisors of the District of c)
the special powers set forth in Section 190.012(2)(d), Florida Statutes,to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for Security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the district may not exercise any police power, but may contract with the appropriate
local general-purpose government agencies for an increased level of such services within the
District boundaries.
SECTION SEVEN: PETITIONER'S COMMITMENTS
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The adoption of this Ordinance is predicated upon the material inducements contained in c
the foregoing recitals setting forth Petitioner's Commitments, re-stated as follows: (1) elect one c
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 m
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 o
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
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In the event this Ordinance conflicts with any other ordinance of Collier County or other a.
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.
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SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section," a-
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"article,"or any other appropriate word. 0
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SECTION TEN: EFFECTIVE DATE rt
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This Ordinance shall become effective upon filing with the Florida Department of State. o
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
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County,Florida,this day of ,2016.
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ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS o
COLLIER COUNTY, FLORIDA cn
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By: By:
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,Deputy Clerk DONNA FIALA, CHAIRMAN 0
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EXHIBIT"A"
DESCRIPTION
Parcel in
Section 13,Township 48 South, Range 27 East,
Collier County, Florida
a
A tract or parcel of land lying in Section 13,Township 48 South, Range 27 East, Collier County, o
Florida,said tract or parcel being more particularly described as follows:
c
Beginning at the Northwesterly most corner of Tract "C" of the record plat of =
"ORANGE BLOSSOM RANCH PHASE IA" as recorded in Plat Book 45, Pages 58- o
61 of the Public Records of Collier County, Florida, run S89°3o'46"W for 1,778.52 0
feet to an intersection with the Easterly line of lands described in Official Records E
Book 1433 at page 509,of the Public Records of Collier County, Florida; thence run a)
Noo°29'14"W along said Easterly line for 3,156.55 feet to an intersection with the c
Southerly line of a Canal Easement as recorded as Exhibit "C" of Official Records p
Book 1322 at page 1897, Collier County Records; thence run N89°33'07"E along
said Southerly line for 3,728.29 feet to an intersection with the West right of way o
line of the North Golden Gate Canal, (8o' wide right of way), as shown on the
record plats of North Golden Gate Units 4 thru 7; thence run Soo°3o'o8"E along 5
said West line right of way line for 1,881.63 feet; thence run S89°29'52" W for a
157.91 feet to a point on a non-tangent curve and an intersection with the Northerly 0
line of said record plat of"ORANGE BLOSSOM RANCH PHASE 1A"; thence run -c
along the Northerly line of said record plat the following three (3) courses: c
Westerly along an arc of a curve to the right of radius 227.5o feet(delta 21°38'36") cc
(chord bearing S78°42'10" W) (chord 85.43 feet) for 85.94 feet to a point of E
tangency; S89°31'28"W for 195.00 feet to a point of curvature and Westerly along y
an arc of a curve to the right of radius 227.50 feet (delta 21°31'38") (chord bearing °
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N79°42'43" W) (chord 84.97 feet) for 85.48 feet; thence run S89°29'52" W for
150.94 feet to a point on a non-tangent curve and an intersection with said c
Northerly line of said record plat; thence run along said Northerly line of said o
record plat the following three(3) courses: Southwesterly along an arc of a curve to •
the right of radius 227.50 feet (delta 75°49'4o") (chord bearing S51°36'38" W)
(chord 279.59 feet)for 301.08 feet to a point of tangency; S89°31'28"W for 195.00 c
feet to a point of curvature and Northwesterly along an arc of a curve to the right of
radius 227.50 feet (delta 61°58'ol") (chord bearing N59°29'32"W) (chord 234.23 0
feet) for 246.05 feet to a point on a non-tangent curve; thence run Southwesterly �°
along an arc of a curve to the left of radius 335.00 feet (delta o3°06'47") (chord u.
bearing S55°55'56"W) (chord 18.20 feet) for 18.20 feet to a point of tangency; 2
thence run S54°22'32"W for 184.36 feet to a point on a non-tangent curve and an a
intersection with said Northerly line of said record plat; thence run along the u
Northerly and Westerly line of said record plat the following five (5) courses: E
Southwesterly along an arc of a curve to the right of radius 617.50 feet (delta
14°46'18") (chord bearing S46°08'43"W) (chord 158.76 feet) for 159.20 feet to a Q
point of tangency; S53°31'52"W for 596.34 feet to a point on a non-tangent curve;
Post Office Drawer 2800•Fort Myers,FL 33902
Phone(239)461-3170•Fax(239)461-3169
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Packet Pg. 1836
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Bwww.barraco.net
and Associates, Inc. Civil Engineers,Land Surveyors and Planners
..... DESCRIPTION(CONTINUED)
Southerly along an arc of a curve to the right of radius 1,250.00 feet (delta
27°30'37") (chord bearing S13°50'37"E) (chord 594.43 feet) for 600.18 feet to a
point of tangency; Soo°05'19"E for 67.44 feet and S89°54'41"W for 35.56 feet to
the POINT OF BEGINNING.
Containing 219.79 acres,more or less.
0
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) 0
and are based on the Northwesterly line of the Tract "L-3" of the record plat "ORANGE _c
BLOSSOM RANCH PHASE 1A", as recorded in Plat Book 45, Page 58, of the Public Records of c
Collier County, Florida,to bear S53°31'52"W. fx
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PETITION BY
RP ORANGE BLOSSOM OWNER, LLC
FOR THE
ESTABLISHMENT OF THE
ORANGE BLOSSOM RANCH
COMMUNITY DEVELOPMENT DISTRICT
IN
COLLIER COUNTY, FLORIDA
JULY 12, 2016
(JI't �'II�GY
PETITION FOR ESTABLISHMENT OF THE ORANGE BLOSSOM
RANCH COMMUNITY DEVELOPMENT DISTRICT
TABLE OF CONTENTS
Petition for establishment of the Orange Blossom Ranch Community
Development District
Exhibit 1A Legal description of the Orange Blossom Ranch Community Development
District
Exhibit 1B Location map of the Orange Blossom Ranch Community Development
District
Exhibit 2 Consent of Landowners to the Establishment of the Orange Blossom Ranch
Community Development District
Exhibit 3 Map of the Orange Blossom Ranch Community Development District showing
current major trunk water mains and sewer interceptors and outfalls
Exhibit 4A Estimated infrastructure construction time table
Exhibit 4B Construction cost estimates
Exhibit 5 Future Land Use flap
Exhibit 6 Statement of Estimated Regulatory Costs
Exhibit 7 Proposed Ordinance
PETITION FOR ESTABLISHMENT OF THE ORANGE BLOSSOM RANCH
COMMUNITY DEVELOPMENT DISTRICT
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
IN RE: AN ORDINANCE TO ESTABLISH
THE ORANGE BLOSSOM RANCH
COMMUNITY DEVELOPMENT DISTRICT
PETITION
RP Orange Blossom Owner, LLC, a Delaware Limited Liability Company (the "Petitioner"),
hereby petitions the Board of County Commissioners of Collier County, Florida pursuant to the
"Uniform Community Development District Act of 1980", Chapter 190, Florida Statutes (the "Act")
to adopt an ordinance establishing a Community Development District (the "District") on the
property described herein. In support of the Petition, Petitioner states:
1. The proposed District is located entirely within the boundaries of unincorporated
Collier County, Florida and covers approximately 219.79 +/- acres of land. Exhibit 1A provides the
legal description of the external boundaries of the District. As illustrated in Exhibit 1B, the real
property within the boundaries of the proposed District is generally located north of Oil Well Road
and east of Palmetto Ridge High School. There is no real property within the proposed external
boundaries of the District that is excluded from the District.
2. Attached to this Petition as Exhibit 2 and made a part hereof is the written consent
form to the establishment of the District by the owner of 100% of the real property to be included
in the District.
3. The five persons designated to serve as initial members of the Board of Supervisors
of the proposed District are as follows:
Mark Taylor
3066 Tamiami Trail North.,
Suite 201
Naples, FL 34103
Brian O'Donnell
3066 Tamiami Trail North.,
Suite 201
Naples, FL 34103
5. Karen Welks
3066 Tamiami Trail North.,
Suite 201
Naples, FL 34103
Jim Reinders
3066 Tamiami Trail North.,
Suite 201
Naples, FL 34103
4. Ken Bloom
3066 Tamiami Trail North.,
Suite 201
Naples, FL 34103
All of the initial supeivisors are residents of the State of Florida and citizens of the United States of
America.
4. The proposed name of the District to be established is Orange Blossom Ranch
Community Development District (the "District").
5. Exhibit 3 is the map of the District showing existing major trunk water mains and
sewer interceptors and outfalls.
6. The proposed timetable for the construction of the proposed improvements is
shown in Exhibit 4A. The estimated cost of constructing the proposed public improvements is
shown in Exhibit 4B. The information presented in both exhibits are good faith estimates and are
not binding on the Petitioner or the District and are subject to change.
7. The proposed future general distribution, location, and extent of the public and
private land uses within the District, as designated on the current Collier County Future Land Use
Map is also attached hereto and incorporated with this Petition as Exhibit 5. The land within the
proposed District is anticipated to be developed with a total of 984 residential dwelling units,
although development plans are preliminary and subject to change. The Petitioner intends that the
District will finance storm water management, water, sewer and landscape buffers/ security
(collectively, the "Public Improvements"). Upon completion, the water and sewer improvements
may be owned by the District or dedicated to either Orange Tree Utilities or Collier County for
ownership, operation and maintenance.
8. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with
the requirements of Section 120.541, Florida Statutes.
9. Exhibit 7 is a proposed form of ordinance to establish the Orange Blossom Ranch
Community Development District.
10. The landowner listed in Exhibit 2 owns 100% of the real property to be included in
the proposed District. Copies of all correspondence and official notices should be sent to: (1) Carl
A. Barraco, c/o Barraco and Associates, Inc., Post Office Drawer 2800, Fort Myers, FL 33902, Ph.
(239) 461-3170; and also, (3) Craig A. Wrathell, c/o Wrathell, Hunt and Associates, LLC, 2300
Glades Road, Suite 410W, Boca Raton, FL 33431, Ph. (561) 571-0010.
11. The property within the proposed District is amenable to operating as an
independent special district for the following reasons:
(a) Establishment of the District and all land uses and services planned within the
proposed District are not inconsistent with applicable elements or portions of the effective Collier
County Comprehensive Plan, as amended or any applicable elements or portions of the state
comprehensive plan.
(b) The land within the boundaries of the proposed District is of sufficient size and is
sufficiently compact and contiguous to be developed as one functional interrelated community.
(c) The community development services of the District will be compatible with the
capacity and use of existing local and regional community development services and facilities.
(d) The proposed District will be the best alternative available for delivering community
development services to the area to be served because (i) the District provides a governmental entity
responsible for delivering those services and facilities in a manner that does not financially impact
persons residing outside the District, (ii) the Act authorizes a community development district to
acquire infrastructure improvements previously constructed by qualified developers within the
District or allows for a community development district to, in the first instance, construct such
infrastructure improvements, (iii) the timing for the establishment of the proposed District and the
issuance of special assessment bonds is compatible with the timing for the construction and
acquisition of such infrastructure improvements which results in direct benefit to the landowners
within the District, (iv) establishment of a community development district in conjunction with a
comprehensively planned community, as proposed, allows for a more efficient use of resources as
well as providing the opportunity for new growth to pay for itself, and (v) establishment of the
District will provide a perpetual entity capable of making reasonable provisions for the operation
and maintenance of many of the District services and facilities.
12. Petitioner hereby requests that the County consents to the proposed District having
the rights to exercise the powers provided in Section 190.012 (2)(d), Florida Statutes.
13. The Petitioner undertakes on behalf of the District that the District will provide full
disclosure of information relating to the public financing and maintenance of improvements to real
property to be undertaken by the District as required by Section 190.009 and Section 190.048,
Florida Statutes, as amended.
[Remainder of page intentionally left blank]
3
WHEREFORE, Petitioner respectfully requests the Board of County Commissioners of
Collier County, Florida to:
Hold a public hearing as required by Section 190.005(2)(b), Florida Statutes to consider the
establishment of the Orange Blossom Ranch Community Development District;
Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and
establishing the Orange Blossom Ranch Community Development District;
Consent to the exercise of special powers and grant the Board of Supervisors of the Orange
Blossom Ranch Community Development District the special powers as set forth in Sections
190.012 (2)(a) and 190.012(2)(d), Florida Statutes.
Respectfully submitted this eday of4j&fte, 2016.
RP Orange Blossom Owner, LLC,
a Delaware Limited Liability Company, as Petitioner
Ron Hoyl as its Vice President
�w
Subscribed and sworn to before me this day of Jtxe-, 2016 by Ron Hoyl, a Vice President of RP
Orange Blossom Owner, LLC, a Delaware Limited Liability Company, who personally appeared
before me, produced driver's license or is ona y known to
Notary:
AT C Print Name: PVI L rYAV O- S
t vPueGc M. KI
NS Notary Public, State of �71
NOTLIC My Commission Expires: 111
Si'ATXAS
OF ��VNy MY COM03/27/19
4
AFFIDAVIT OF PETITIONER
STATE OF Tex
COUNTY OF
On this --day df 2016, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, Ron Hoyl, who, after being duly sworn, deposes and
says:
Affiant, Ron Hoyl, an individual, is a Vice President of RP Orange Blossom Owner,
LLC, a Delaware Limited Liability Company;
2. Affiant, hereby swears and affirms as individual and as a Vice President of RP Orange
Blossom Owner, LLC, that all information contained in the petition to establish the
Orange Blossom Ranch Community Development District is true and correct to the best
knowledge and belief of the Affiant.
FURTHER, AFFIANT SAYETH NOT.
RP Orange Blossom Owner, LLC,
a Delaware Limited Liability Company, as Petitioner
Cyc
Ron Hoyl as its Vice President
jvl
Subscribed and sworn to before me this day of jrKir, 2016 by Ron Hoyl, a Vice President of RP
Orange Blossom Owner, LLC, a Delaware L' Company, who personally appeared
before me, produced driver's license or is rsonally known to me
Notary:
[NOTARIAL SEAL] Print Name: 2a VGt-�
Notary Public, Public, State of
,Zo Bvc M. K. SEAVANS
NOTARY PUBLIC My Commission Expires: Z7
SPATE OF TEXAS
MY COMM. EXP. 03/27/19
EXHIBIT IA
LEGAL DESCRIPTION OF THE ORANGE BLOSSOM RANCH COMMUNITY
DEVELOPMENT DISTRICT
EXHIBIT "A"
DESCRIPTION
Parcel in
Section 13, Township 48 South, Range 27 East,
Collier County, Florida
A tract or parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier County,
Florida, said tract or parcel being more particularly described as follows:
Beginning at the Northwesterly most corner of Tract "C" of the record plat of
"ORANGE BLOSSOM RANCH PHASE 1A" as recorded in Plat Book 45, Pages 58-
61 of the Public Records of Collier County, Florida, run S89°30'46"W for 1,778.52
feet to an intersection with the Easterly line of lands described in Official Records
Book 1433 at page 509, of the Public Records of Collier County, Florida; thence run
Noo°29'14"W along said Easterly line for 3,156.55 feet to an intersection with the
Southerly line of a Canal Easement as recorded as Exhibit "C" of Official Records
Book 1322 at page 1897, Collier County Records; thence run N89°33'07"E along
said Southerly line for 3,728.29 feet to an intersection with the West right of way
line of the North Golden Gate Canal, (8o' wide right of way), as shown on the
record plats of North Golden Gate Units 4 thru 7; thence run Soo°3o'o8"E along
said West line right of way line for 1,881.63 feet; thence run S89°29'52" W for
157.91 feet to a point on a non -tangent curve and an intersection with the Northerly
line of said record plat of "ORANGE BLOSSOM RANCH PHASE 1A"; thence run
along the Northerly line of said record plat the following three (3) courses:
Westerly along an arc of a curve to the right of radius 227.50 feet (delta 21038'36")
(chord bearing S78042'10" W) (chord 85.43 feet) for 85.94 feet to a point of
tangency; S89031'28" W for 195.00 feet to a point of curvature and Westerly along
an arc of a curve to the right of radius 227.50 feet (delta 21031'38") (chord bearing
N79042'43" W) (chord 84.97 feet) for 85.48 feet; thence run S89°29'52" W for
150.94 feet to a point on a non -tangent curve and an intersection with said
Northerly line of said record plat; thence run along said Northerly line of said
record plat the following three (3) courses: Southwesterly along an arc of a curve to
the right of radius 227.50 feet (delta 7504940") (chord bearing S51036'38" W)
(chord 279.59 feet) for 301.o8 feet to a point of tangency; S89031'28" W for 195.00
feet to a point of curvature and Northwesterly along an arc of a curve to the right of
radius 227.50 feet (delta 61058'o1") (chord bearing N59029'32"W) (chord 234.23
feet) for 246.05 feet to a point on a non -tangent curve; thence run Southwesterly
along an arc of a curve to the left of radius 335.00 feet (delta 03°o6'47") (chord
bearing S55055'56"W) (chord 18.20 feet) for 18.20 feet to a point of tangency;
thence run S54022'32"W for 184.36 feet to a point on a non -tangent curve and an
intersection with said Northerly line of said record plat; thence run along the
Northerly and Westerly line of said record plat the following five (5) courses:
Southwesterly along an arc of a curve to the right of radius 617.50 feet (delta
14046'18") (chord bearing S46°o8'43"W) (chord 158.76 feet) for 159.20 feet to a
point of tangency; S53°31'52"W for 596.34 feet to a point on a non -tangent curve;
Post Office Drawer 2800 • Fort Myers, FL 33902
Phone (239) 461-3170 • Fax (239) 461-3169
1 OF 3
arracowww.barraco.net
and Associates, Inc. Civil Engineers, Land Suiveyors and Planners
DESCRIPTION (CONTINUED)
Southerly along an arc of a curve to the right of radius 1,250.00 feet (delta
27030'37") (chord bearing S13°50'37"E) (chord 594.43 feet) for 600.18 feet to a
point of tangency; S00°05'19"E for 67.44 feet and S8905441"W for 35.56 feet to
the POINT OF BEGINNING.
Containing 219.79 acres, more or less.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007)
and are based on the Northwesterly line of the Tract "L-3" of the record plat "ORANGE
BLOSSOM RANCH PHASE 1A", as recorded in Plat Book 45, Page 58, of the Public Records of
Collier County, Florida, to bear S53031'52"W.
Scott A. Wheeler (For The Firm)
Professional Surveyor and Mapper
Florida Certificate No. 5949
L:\23218 - Orange Blossom Ronto\Suiveying\Description\23218SK1o.doc
Page 2 OF 3
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GV4ALAND DRAf;rEASEMF1f! IBITn7 O.R. 4726, PG. 3135, CCK) CARAL EASFMEN 897, GBIT'C�
O.R 1433, PG. 509, C.C.) OR 1322, PG. 1897, C.GR)
hI N89°33'07"E 3728.29'
Township 48
1
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A, Range 27 East�s W ; E
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^ M Al � it Z c! 3 LE. - DENOTES IRRIGATION EASEMENT.
n $y Q$! it ,(2� d1._N4. LB.E.- DENOTES LANDSCAPE BUFFER EASFUENT.
----vim—h=—OZ fl dh ^= yy! h 5 LUE- DENOTES LAKE MAINTENANCEEASEMENT.
O ca N V ^ co 6. O.R. - DENOTES OFFICIAL RECORD BOOK, COLLIER
Inc
OUNTY PUBLIC RECORDS.
7e C N U 4 i 7. (P) -DENOTES PLAT.
e. P.B. - DENOTES PLAT BOOK
l ¢ 9. PG. -DENOTES PAGE.
\! 10. P.U.E.- DENOTES PUBLIC UTIUTYEASEMENT.
if. O.U.E • DENOTES ORANGE TREE LIPLITY=fPANY
EASEMENT.
12, BEARINGS AS SHOWN ARE STATE PLANE FLORIDA
Ax
S89"31'28"W 195.00' EAST ZONE (NADI963 (NSRS 200 /) ARE BASED ON
�� THE NORTHWESTERLY LINE OF TRACT'L 3'AS
tj� 6'SP W22'32"W 184.36' SHOWN ON THE RECORD PLAT OF"ORANGE
S 59 BLOSSOM RANCH PHASE IA' RECORDED IN PLAT
BOOK 45, PAGE 58, COLLIER COUNTY RECORDS, TO
59443' j BEARS53'3rs2w.
13. DESCRIPTION IS ATTACHED.
E�►NN� THIS IS NOT A SURVEY
L�IQyM�
SWIM
ORANGE
RANCH
CAD.
A Parcel of Land
in Section 13,
'6 ship 48 Sonth,
Range 27 East,
Collier Col ty.
Floridn
Cor. af71—t -C'
EXHIBIT'A'
SCOTT A. WHEELER (FOR THE FIRM - LB -6940) DATE SIGNED:
1778,52' •� PROFESSIONAL SURVEYORAND MAPPER SKETCH TO
S00"05'19'E 67.44' SE 114 FLORIDA CERTIFICATE NO. 5949 ACCOMPANY
S89*U'41"W 35.56' DESCRIPTiaN
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL -
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
EXHIBIT 1B
LOCATION MAP OF THE ORANGE BLOSSOM RANCH COMMUNITY
DEVELOPMENT DISTRICT
NU I I UWALL
LOCATION MAP
EXHIBIT B
23306 1 2
www.barraco.net
ORANGE
BLOSSOM
RANCH
COD BOUNDARY
------- --------------
C.D.D.
LOCATION MAP
EXHIBIT B
23306 1 2
EXHIBIT 2
CONSENT OF LANDOWNERS AND CONTRACT PURCHASERS
TO THE ESTABLISMENT OF THE
ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
The land described in Exhibit 1 to this Petition comprises 100% of the real property proposed to be
included within the boundaries of the Orange Blossom Ranch Community Development District.
Such land is depicted graphically in Exhibit 1 to this Petition and the specific parcels to be included
within the boundaries of the proposed Orange Blossom Ranch Community Development District
are as follows:
Parcel ID OWNER MAILING ADDRESS
00209962004 RP Orange Blossom Owner, % Rockpoint Group, LLC
LLC 3953 Maple Ave # 300
Dallas, TX 75219
00209961801 RP Orange Blossom Owner, % Rockpoint Group, LLC
LLC 3953 Maple Ave # 300
Dallas. TX 75219
00209961144 RP Orange Blossom Owner, % Rockpoint Group, LLC
LLC 3953 Maple Ave # 300
Dallas, TX 75219
Portions of Parcel 64650000182 RP Orange Blossom Owner, % Rockpoint Group, LLC
LLC 3953 Maple Ave # 300
Dallas, TX 75219
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE ESTABLISHMENT OF THE
ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
STATE OF`� )
COUNTY OF
On this day of J! rte, 2016, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, Ron Hoyl, who, after being duly sworn, deposes and
says:
1. Affiant, Ron Hoyl, an individual, is a Vice President of RP Orange Blossom Owner,
LLC;
2. RP Orange Blossom Owner, LLC is the owner of the following described property,
located in Collier County, Florida: Parcel ID#'s 00209962004, 00209961801 and
00209961144;
3. Affiant, Ron Hoyl, hereby represents that he has full authority to execute all
documents and instruments on behalf of RP Orange Blossom Owner, LLC, relating
to the Petition before the Board of County Commissioners of Collier County,
Florida, to enact an ordinance to establish the Orange Blossom Ranch Community
Development District (the "Proposed CDD");
4. The Property described above represents all of the real property to be included in the
Proposed CDD;
5. Affiant, Ron Hoyl, on behalf of RP Orange Blossom Owner, LLC, as the sole owner
of the Property in the capacity described above, hereby consents to the
establishment of the Proposed CDD.
FURTHER, AFFIANT SAYETH NOT.
RP Orange Blossom Owner, LLC,
a Delaware limited liability company, as Landowner
By: ((i
Ron Hoyl as its Vice President
Subscribed and sworn to before me this � day of;(2016 by Ron Hoyl, a Vice President of RP
Oran e B er LLC, who personally appeared before me, produced driver's license or is
sonally known to me.
Notary:
Print Name: Uet 0
PU@Un M. K. B Notary Public, State of A�i4-3
* NOTARY PUDLIC M Cission Expires: Z
* STAiEOF P. 7119
Yommp
q�OF
MY COMM. P. 0312
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE ESTABLISHMENT OF THE
ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
STATE OF �k5
COUNTY OF �A"Al
On this ��day of jix e, 2016, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, Ron Hoyl, who, after being duly sworn, deposes and
says:
Affiant, Ron Hoyl, an individual, is a Vice President of RP Orange Blossom Owner,
LLC;
2. RP Orange Blossom Owner, LLC is the owner of the following described property,
located in Collier County, Florida: Portions of Parcel ID# 64650000182 — see
Exhibit "A";
3. Affiant, Ron Hoyl, hereby represents that he has full authority to execute all
documents and instruments on behalf of RP Orange Blossom Owner, LLC, relating
to the Petition before the Board of County Commissioners of Collier County,
Florida, to enact an ordinance to establish the Orange Blossom Ranch Community
Development District (the "Proposed CDD");
4. The Property described above represents all of the real property to be included in the
Proposed CDD;
Affiant, Ron Hoyl, on behalf of RP Orange Blossom Owner, LLC, as the sole owner
of the Property in the capacity described above, hereby consents to the
establishment of the Proposed CDD.
FURTHER, AFFIANT SAYETH NOT.
RP Orange Blossom Owner, LLC,
a Delaware limited liability company, as Landowner
By: (�K
Ron Hoyl as its Vice President
Subscribed and sworn to before me this Jtday of June, 2016 by Ron Hoyl, a Vice President of RP
Orange Blos r LLC, who personally appeared before me, produced driver's license or is
e a y known to me.
Notary:
[NOTARIAL SEAL] Print Name:IA&—Qk 5
Notary Public, State of -77 x 5
My Commission Expires: Z�
Exhibit "A"
INSTR 5275458 OR 5281 PG 2161 E—RECORDED 6/8/2016 10:14 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC@.70 $35.00 REC $35.50
CONS $5,000.00
This instrument was prepared
without opinion of title
and after Recording Return to:
Brian J. Thanasiu, Esq.
Cheffy Passidomo, P.A.
821 Fifth Avenue South
Naples, Florida 34102
(239)261-9300
Parcel I.D. Number: portions of 64650000182
(Space above this line for recording datal
WARRANTY DEED
THIS WARRANTY DEED is made the 2nd day of June, 2016, by The Ranch at Orange Blossom
Master Association, Inc., a Florida not-for-profit corporation, whose mailing address is c/o KEB Management
Services, 6017 Pine Ridge Road, #262, Naples, FL 34119, hereinafter called the "Grantor", to RP Orange
Blossom Owner, L.L.C., a Delaware limited liability company, whose mailing address is c/o Rockpoint Group,
L.L.C., 3953 Maple Avenue, Suite 300, Dallas, TX 75219, hereinafter called the "Grantee".
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
WITNESSETH:
Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee, all that certain land situated in Collier County, Florida, more
particularly described on Exhibit A, attached hereto and made a pari hereof (the "Property").
TOGETHER WITH, (i) all structures and improvements on the Property, and (ii) all right, title, and
interest of Grantor, if any, in all strips and gores of land adjacent to the Property, together with all easements,
privileges, riparian and other water rights, land underlying any adjacent street or road, and all tenements,
hereditaments and appurtenances pertaining to, or accruing to the benefit of, the Property, without warranty or
representation.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of the
Property in fee simple; that the Grantor has good right and lawful authority to sell and convey the Property, and
hereby warrants the title to the Property and will defend the same against the lawful claims of all persons
whomsoever, and that the Property is free of all encumbrances, except taxes for the current and subsequent
years, zoning and use restrictions imposed by governmental authority, restrictions and easements common to
the subdivision, and outstanding oil, gas and mineral interests of record, if any.
Page 1 of
OR 5281 PG 2162
IN WITNESS WHEREOF, the said Grantor has executed these presents on the day and year first
above written.
Signed, sealed and delivered
in our presence:
i
Witness Name: C!.z>N kV— DKS
STATE OF FLORIDA )
COUNTY OF COLLIER)
THE RANCH AT ORANGE BLOSSOM
MASTER ASSOCIATION, INC., a Florida not-
for-profit corporation
By:
Anthony P. Solomon, its President
The foregoing instrument was acknowledged and witnessed before me this of day of June, 2016, by
Anthony P. Solomon, as President of The Ranch at Orange Blossom Master Association, Inc., a Florida not-for-
profit corporation, who is personally known to me_ or has produced , as i! tif� n.
ZOVARYPUBL
Printed Name: ICA P WelkS
My Commission Expires:
KAREN E. &S.
Notug Public , State dt Florida
= My Comm: Expires Feb 9, 2017
Commission # EE 852936
Bonded Through National Notary Assn.
Page 2 of 2
OR 5281 PG 2163
EXHIBIT A
LEGAL DESCRIPTION
PARCEL L
Parcel in Section 13, Township 48 South, Range 27 East, Collier County, Florida
A tract or parcel of land lying in Tract "L-3", of the record plat "ORANGE BLOSSOM RANCH PHASE
lA", as recorded in Plat Book 45, Page 58, of the Public Records of Collier County, Florida, said tract or
parcel being more particularly described as follows:
COMMENCING at the Most Westerly Corner of said Tract "L-3" run along the Northerly line
of said Tract "L-3" the following two (2) courses: N53'3 1'52"E for 505.33 feet to a point of
curvature and Northeasterly along an arc of a curve to the left of radius 617.50 feet (delta
14°46'18") (chord bearing N46008'43"E) (chord 158.76 feet) for 159.20 feet to the POINT OF
BEGINNING. From said Point of Beginning continue along said Northerly line the following
three (3) courses: Northeasterly along an arc of a curve to the left of radius 617.50 feet (delta
17°00'53") (chord bearing N30°15'08"E) (chord 182.70 feet) for 183.37 feet to a point of
reverse curvature; Easterly along an arc of a curve to the right of radius 30.00 feet (delta
140'16'57") (chord bearing S88°06'50"E) (chord 56.43 feet) for 73.45 feet to a point of reverse
curvature and Southeasterly along an are of a curve to the left of radius 227.50 feet (delta
10°32'09") (chord bearing S23114'27"E) (chord 41.78 feet) for 41.83 feet to a point on a non -
tangent curve; thence run Southwesterly along an arc of a curve to the left of radius 335.00 feet
(delta 03°06'47") (chord bearing S55°55'56"W) (chord 18.20 feet) for 18.20 feet to a point of
tangency; thence run S54°22'32"W for 184.36 feet to the POINT OF BEGINNING.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based
on the Northwesterly line of the Tract "L-3" of the record plat "ORANGE BLOSSOM RANCH PHASE
1A", as recorded in Plat Book 45, Page 58, of the Public Records of Collier County, Florida, to bear
N53°31'52"E.
PARCEL 2:
Parcel in Section 13, Township 48 South, Range 27 East, Collier County, Florida
A tract or parcel of land lying in Tract "L-3", of the record plat "ORANGE BLOSSOM RANCH PHASE
1A", as recorded in Plat Book 45, Page 58, of the Public Records of Collier County, Florida, said tract or
parcel being more particularly described as follows:
COMMENCING at the Northeast Corner of said Tract "L-3" run S00°30'08"E along the
Easterly line of said Tract "L-3" for 34.89 feet; thence run S89°29'52"W for 520.30 feet to an
intersection with the Northerly line of said Tract "L-3" and the POINT OF BEGINNING.
From said Point of Beginning run S89°29'52"W for 150.94 feet to an intersection with the
Northerly line of said Tract "L-3"; thence run along said Northerly line the following three (3)
courses: Northerly along an are of a curve to the left of radius 227.50 feet (delta 12°09'40")
(chord bearing N07°36'59"E) (chord 48.20 feet) for 48.29 feet to a point of reverse curvature;
Easterly along an are of a curve to the right of radius 30.00 feet (delta 138°07'41") (chord
bearing N70°35'59"E) (chord 56.04 feet) for 72.32 feet to a point of reverse curvature and
Southeasterly along an are of a curve to the left of radius 227.50 feet (delta 28°36'44") (chord
bearing S54°38'32"E) (chord 112.43 feet) for 113.61 feet to the POINT OF BEGINNING.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based
on the Easterly line of the Tract "L-3" of the record plat "ORANGE BLOSSOM RANCH PHASE IA", as
recorded in Plat Book 45, Page 58, of the Public Records of Collier County, Florida, to bear S00°30'08"E.
*** OR 5281 PG 2164 ***
PARCEL 3:
Parcel in Section 13, Township 48 South, Range 27 East, Collier County, Florida
A tract or parcel of land lying in Tract "L-3", of the record plat "ORANGE BLOSSOM RANCH PHASE
IA", as recorded in Plat Book 45, Page 58, of the Public Records of Collier County, Florida, said tract or
parcel being more particularly described as follows:
Beginning at the Northeast Corner of said Tract "L-3" run S00°30'08"E along the Easterly line
of said Tract "L-3" for 34.89 feet; thence run S89°29'52"W for 157.91 feet to an intersection
with the Northerly line of said Tract "L-3"; thence run along said Northerly line the following
three (3) courses: Northeasterly along an are of a curve to the left of radius 227.50 feet (delta
25°05'19") (chord bearing N55020'1 2"E) (chord 98.82 feet) for 99.62 feet to a point of reverse
curvature; Easterly along an arc of a curve to the right of radius 30.00 feet (delta 136°43'55")
(chord bearing S68050'30"E) (chord 55.77 feet) for 71.59 feet and N89'3 1'28"E for 24.31 feet
to the POINT OF BEGINNING.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based
on the Easterly line of the Tract "L-3" of the record plat "ORANGE BLOSSOM RANCH PHASE 1 A", as
recorded in Plat Book 45, Page 58, of the Public Records of Collier County, Florida, to bear S00°30'08"E.
jqarraco www.barraco.net
and Associates, Inc. Civil Engineers, Land Surveyors and Planners
DESCRIPTION
Parcel in
Section 13, Township 48 South, Range 27 East,
Collier County, Florida
A tract or parcel of land lying in Tract "L-3", of the record plat "ORANGE BLOSSOM RANCH
PHASE 1A", as recorded in Plat Book 45, Page 58, of the Public Records of Collier County,
Florida, said tract or parcel being more particularly described as follows:
Beginning at the Northeast Corner of said Tract "L-3" run S0003o'o8"E along the
Easterly line of said Tract "L-3" for 34.89 feet; thence run S89029'52"W for 157.91
feet to an intersection with the Northerly line of said Tract "L-3"; thence run
along said Northerly line the following three (3) courses: Northeasterly along an
arc of a curve to the left of radius 227.50 feet (delta 25°05'19") (chord bearing
N55020'12"E) (chord 98.82 feet) for 99.62 feet to a point of reverse curvature;
Easterly along an are of a curve to the right of radius 30.00 feet (delta 13604355")
(chord bearing S68050'3o"E) (chord 55.77 feet) for 71.59 feet and N89031'28"E
for 24.31 feet to the POINT OF BEGINNING.
Containing 0.13 acres, more or less.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007)
and are based on the Easterly line of the Tract "L-3" of the record plat "ORANGE BLOSSOM
RANCH PHASE 1A', as recorded in Plat Book 45, Page 58, of the Public Records of Collier
County, Florida, to bear S0003o'W'E.
Scott A. Wheeler (Ftir The Fixzn)
Professional Surveyor and Mapper
Florida Certificate No. 5949
U\23218 -Orange BlossomRonto\Surveying\Description\23218SKo4.doc
Post Office Drawer 2800 • Fort Myers, FL 33902
Phone (239) 461-3170 • Fax (239) 461-3169
NOTES:
o1
1.
ALL DISTANCES SHOWN ARE IN FEETAND DECIMALS
10. P.UE.-DENOTES PUBLIC UDLTTYEASEMENT.
y
THEREOF,
fl. O.UE - DENOTES ORANGE TREE UNLITYCOMPANY
2
D.E.- DENOTES DRAINAGE EASEMENT.
EASEMENT
3,
LE- OENOTESIRRIGATTON EASEMENT
12. BEARINGS AS SHOWN ARE STATEPLANE FLORIDA
A.
LAE. -DENOTES IANDSCAPEBUFFER EASEMENT.
F4STZONE(MI983(NSRS2007))ARERASEOOH
SE 114 5.
LME. -DENOTES LAKE MAINTENANCE EASEMENT
THE EASTERLYUNEOFTRACT L.XASSHOWNON
G
O.R- DENOTES OFFICIAL RECORD BOOT( COVER
THE RECORD PLAT OF ORANGE BLOSSOM RANCH
J�
Se
COUNTYPUBUC RECORDS
PHASE IA- RECORDED IN PLATBOOK 456 PAGE 50,
ctan
� 7. (P)-OENOTESPIAT. COLLIER COUNTY RECORD$T0BEAR SM-MME
Township 48 South, Range 27 East v � 1 8. P.R.- DENTESPLATBOOX 13. DESCRIPTIONISATTACHED.
8 9. PG. - DENOTES PAGE
N
WIT�E
S
0 m 40
SCALEWFEET
R -30.00'A=136°43'55" L=71.59'
CH=S68°50'30"E 55,77'--,
LAKE LLUNTEtLVTCESORNT67GE EASFJJENi-
(O.R. 3989. PG 1175, CC.R) \
R -227.50'425°05'19" L-99.62'
CH=N55°20'12"E 98.82'
AREA = 0.13 Ac.
S89°2952 V
Tree "L3"
DN(E RE ALMExP)
"Orange Blossom Ranch Phf>>>3'c 114
(F B. 45, PG. 58, CCR-)
� I I LS00°30'08"E 34.89'
157.91 II I % A
2R 51 q
W
THIS PS N0 T A SURVE, Y
SCOTTA. WHEELER (FOR THE FIRM -LB -8940) DATESIGNED:
PROFESSIONAL SURVEYOR AND AfAPPER
FLORIDA CERTIFICATE NO., 5949
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
RONCO
to
DLOS RANCH
PHASE IA
SKETCH TO
ACCOMPANY
DESCRIPRQN
W
00 a
cm
y
M
A�
POINT OF
1
BEGINNING
Nonheau Cn>: "J7Ync1 •L3"
�
roNwoI.T40T
AREA = 0.13 Ac.
S89°2952 V
Tree "L3"
DN(E RE ALMExP)
"Orange Blossom Ranch Phf>>>3'c 114
(F B. 45, PG. 58, CCR-)
� I I LS00°30'08"E 34.89'
157.91 II I % A
2R 51 q
W
THIS PS N0 T A SURVE, Y
SCOTTA. WHEELER (FOR THE FIRM -LB -8940) DATESIGNED:
PROFESSIONAL SURVEYOR AND AfAPPER
FLORIDA CERTIFICATE NO., 5949
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
RONCO
to
DLOS RANCH
PHASE IA
SKETCH TO
ACCOMPANY
DESCRIPRQN
f13arraco www.barraco.net
and Associates, Inc. Civil Engineers, Land Surveyors and Planners
DESCRIPTION
Parcel in
Section 13, Township 48 South, Range 27 East,
Collier County, Florida
A tract or parcel of land lying in Tract "L-3", of the record plat "ORANGE BLOSSOM RANCH
PHASE 1A", as recorded in Plat Book 45, Page 58, of the Public Records of Collier County,
Florida, said tract or parcel being more particularly described as follows:
COMMENCING at the Northeast Corner of said Tract "L-3" run S00030'o8"E
along the Easterly line of said Tract "L-3" for 34.89 feet; thence run S89°29'52"W
for 520.30 feet to an intersection with the Northerly line of said Tract "L-3" and
the POINT OF BEGINNING.
From said Point of Beginning run S89°29'52"W for 150.94 feet to an intersection
with the Northerly line of said Tract "L-3"; thence run along said Northerly line
the following three (3) courses: Northerly along an arc of a curve to the left of
radius 227.50 feet (delta 12009'40") (chord bearing N07°36'59"E) (chord 48.20
feet) for 48.29 feet to a point of reverse curvature; Easterly along an arc of a curve
to the right of radius 30.00 feet (delta 138007'41") (chord bearing N70°3559"E)
(chord 56.04 feet) for 72.32 to a point of reverse curvature and Southeasterly
along an arc of a curve to the left of radius 227.50 feet (delta 28036'44") (chord
bearing S54°38'32"E) (chord 112.43 feet) for 113.61 feet to the POINT OF
BEGINNING.
Containing 0.15 acres, more or less.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007)
and are based on the Easterly line of the Tract "L-3" of the record plat "ORANGE BLOSSOM
RANCH PHASE 1A', as recorded in Plat Book 45, Page 58, of the Public Records of Collier
County, Florida, to bear S0003o'o8"E.
Scott A. Wheeler (V'or,The Firm)
Professional Surveyor,and Mapper
Florida Certificate No: 5949
U\23218 - Orange Blossom Ronto\Surveying\Deseription\23218SKo5.dac r l r •" • i '
.. ..
Post Office Drawer 2800 • Fort Myers, FL 33902
Phone (239) 461-3170 • Fax (239) 461-3169
SE 1/4
,Section 13
Township 48 South, Mange 27East
1? --30.00',d038'07'41" L=72.32'
CH=N70°35'59"E 56,04' ---�
R=227.50'
THIS ISNOT A SURVEY
L=48.29'
j
A=12°09'40"
11, O.UE -DENOTES ORANGE 7REEUTKITYCOMPANY
CB=N07°36'59 "E �\
C®=48.20'
'
12. BEARINGSAS SHOWNARE STATEPIAREFLORIDA
/
EASTZONE M01983(NSRS 2007)) ARE BASED ON
POINT OF
8--227.50'
THIS ISNOT A SURVEY
L=113.61'
IB P.UE.-DENOTES PUBLIC UDLITYEAS93ENT
A=28°3644"
11, O.UE -DENOTES ORANGE 7REEUTKITYCOMPANY
CB=S54°38'32"E
y �s
— C®=112.43'
12. BEARINGSAS SHOWNARE STATEPIAREFLORIDA
�L4;fEiAAIDR. 39I , PG. 41 5, C C RASHJE11i
IDR. 39AQ PG. 5175, CC R)
EASTZONE M01983(NSRS 2007)) ARE BASED ON
POINT OF
A % '
BEGINNING
S89°29'52"W 150.94'
1) "L -r"
aAKE,DE &LUEIF7
"Orange Blossom Ranch Phase JIA
w
NOTES:
THIS ISNOT A SURVEY
s
a
IB P.UE.-DENOTES PUBLIC UDLITYEAS93ENT
o
11, O.UE -DENOTES ORANGE 7REEUTKITYCOMPANY
2 D.E.- DENOTESDRAINAGEEASEMENT.
y �s
3. I.E-DENOTESIRRIGATIONEASEMENT.
12. BEARINGSAS SHOWNARE STATEPIAREFLORIDA
4. LRE.- DENOTES LANDSCAPEBUFFER EASEMENT
EASTZONE M01983(NSRS 2007)) ARE BASED ON
5. L.M.E.- DENOTES IAKEMAINTENANGEEASFMENT
THE EASTERLY LINE OF TRACTL-FAS SHOWN ON
6. O.R.- DENOTES OFFICIAL RECGRO BOM COLLIER
I iS
\� \
a POINT OF
7. (P) -DENOTES PIAT.
COMMENCEMENT
'J-11
Northeast Cor. of7Yact Z3•
9. PG.- DE-NOTESPAGE.
m'
w^
IkTI5t01.t1(17
"'
�E
o '
520.30' (TIE)13
IYO.U.EJP)
I0-LB.E(P1
i� o
(
"Orange Blossom Ranch Phase JIA
w
NOTES:
THIS ISNOT A SURVEY
1. All DISTANCES SHOWNARE INFEETAND DECIMALS
IB P.UE.-DENOTES PUBLIC UDLITYEAS93ENT
THEREOF.
11, O.UE -DENOTES ORANGE 7REEUTKITYCOMPANY
2 D.E.- DENOTESDRAINAGEEASEMENT.
EASEMENT.
3. I.E-DENOTESIRRIGATIONEASEMENT.
12. BEARINGSAS SHOWNARE STATEPIAREFLORIDA
4. LRE.- DENOTES LANDSCAPEBUFFER EASEMENT
EASTZONE M01983(NSRS 2007)) ARE BASED ON
5. L.M.E.- DENOTES IAKEMAINTENANGEEASFMENT
THE EASTERLY LINE OF TRACTL-FAS SHOWN ON
6. O.R.- DENOTES OFFICIAL RECGRO BOM COLLIER
THE RECORD PLAT OF 'ORANGE BLOSSOM RANCH
COUNTYPUBUC RECORDS
PHASE IA' RECORDED INPLATBOOK 45 PAGE 54
7. (P) -DENOTES PIAT.
COLLIER COUNTYRECOROS, TOBEARS00`,V06F..
B. P.O.- DENOTESPLATBOOK
13 DESCRIPTION IS ATTACHED.
9. PG.- DE-NOTESPAGE.
�nvw.berrarn.ne[
R0NTO
'
GROUP
All
ORANGEre
3LOSSOh1 RANCH
PHASE IA
SKETCH TO
ACCOAIPANY
DESCRIPTION
THIS ISNOT A SURVEY
N
WJT�'_E
S
SCOTT A. WHEELER (FOR THEFIRM- L8-6940) DATE SIGNED:
o to .w
PROFESSIONAL SURVEYOR AND f.1APPER
SCAlEWfEET
FLORIDA CERTIFICATE NO. 5949
NOT VALID WITH,QLIT THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER.
�nvw.berrarn.ne[
R0NTO
'
GROUP
All
ORANGEre
3LOSSOh1 RANCH
PHASE IA
SKETCH TO
ACCOAIPANY
DESCRIPTION
a1rraaco www.barraco.net
and Associates, Inc. Civil Engineers, Land Surveyors and Planners
DESCRIPTION
Parcel in
Section 13, Township 48 South, Range 27 East,
Collier County, Florida
A tract or parcel of land lying in Tract "L-3", of the record plat "ORANGE BLOSSOM RANCH
PHASE 1A", as recorded in Plat Book 45, Page 58, of the Public Records of Collier County,
Florida, said tract or parcel being more particularly described as follows:
COMMENCING at the Most Westerly Corner of said Tract "L-3" run along the
Northerly line of said Tract "L-3" the following two (2) courses: N53°31'52"E for
505.33 feet to a point of curvature and Northeasterly along an arc of a curve to
the left of radius 617.50 feet (delta 14046'18") (chord bearing N46°o8'43"E)
(chord 158.76 feet) for 159.20 feet to the POINT OF BEGINNING.
From said Point of Beginning continue along said Northerly line the following
three (3) courses: Northeasterly along an arc of a curve to the left of radius 617.50
feet (delta 17000'53") (chord bearing N30015'o8"E) (chord 182.70 feet) for 183.37
feet to a point of reverse curvature; Easterly along an arc of a curve to the right of
radius 30.00 feet (delta 140116'57") (chord bearing S88°o6'50"E) (chord 56.43
feet) for 73.45 feet to a point of reverse curvature and Southeasterly along an arc
of a curve to the left of radius 227.50 feet (delta 10°32'09") (chord bearing
S23014'27"E) (chord 41.78 feet) for 41.83 feet to a point on a non -tangent curve;
thence run Southwesterly along an arc of a curve to the left of radius 335.00 feet
(delta 03Oo6'47") (chord bearing S55°55'56"W) (chord 18.20 feet) for 18.20 feet
to a point of tangency; thence run S54°22'32"W for 184.36 feet to the POINT OF
BEGINNING.
Containing 0.2o acres, more or less.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007)
and are based on the Northwesterly line of the Tract "L-3" of the record plat "ORANGE
BLOSSOM RANCH PHASE 1A", as recorded in Plat 13001(45, Page 58, of the Public Records of
Collier County, Florida, to bear N53°31'52"E.
Scott A. Wheeler (For The Firm)', ,
Professional Surveyor'and lylap'per•;
Florida Certificate No. 5949
U\23218 -Orange Blossom Ronto\Surveying\Description\2321 BSKo6.doe
Post Office Drawer 2800 • Fort Myers, FL 33902
Phone (239) 461-3170 • Fax (239) 461-3169
NOTES. -
1. ALL DISTANCES SHOWHARE IN FEETAND DECIMALS 10. P.U.E.-DENOTES PUBLICURLRYEASEAW.. R=30.00'®=140°16'57"L=73.45'
THEREOF. if. OU.E-DENOTESORANGETREEUT8.f7YCO1,fPM11' CH- S88°06'50"E 56.43' -- -
2 D. _DENOTESORAINACEEASEMENT. EASEMENT.
3. I.E- DENOTES IRRIGATION EASEMENT i2. BEARINGSAS SHOWNARE STATEPLANEFLORIDA
4. L_B.E- DENOTES LANDSCAPESUFFER EASEMENT EASTZONE(NADI983(NSRS 2007)) AREBASED ON
5 L1AE -ENOIDENOTES OFFICIAL
MAIECORD CE BOOKCOLLIER
SHOWN ONT STERLYTHE RECORD
DPLATINE OF F OR4 GE
6. O.R-DEN07ES OFFIC/AL RECORD BOOK COLLIER SNOWNONTHERECORD PLATOF'OLLINGE // \
COLIN1YPLtOLIC RECORDS BLOSSOM RANCH PHASE IA'RECORDED IN PLAT la=\wa°z0
7. (P) - DENOTES PLAT. BOOK 45. PA GE 58, COLLIER COUNTYRECORDS, TO \ P
8. P.B.-DENOTES PLATBOCK. BEARN53'3152'E
9. PG. -DENOTES PAGE 13. DESCRIP170,41SATTACHED.
/ f/t\
N
LI /
KE MAIXEHANCE B DRAINAGEEASEMENT� / AREA 0.20 AC.
W E (OR. 3989, PG. 4175. C C.R.)
S / \,
°® R=617.50'A=17°00'53"L=183.37'
CH=N30°15'08"E182.70'--, n�
SE 114
Section 13
7'ow iship 48 South, Range 27 East
POINT OF
BEGINNING
R= 617.50' A=14 "46'18' L=159.20'
CN=N46"0843 E 158.76'(TIE)-
POINT OF
COMMENCEMENT
AT°sI'�terly Cor, ofRact L-31
/ATfOMlfM
\ ctxmaa
Tract \
i1,4KE DE E LMEKPJ
R=227.50'
L=41.83'
RONTO
®=10°7
CB=S23*1414''227"E
CD=41,78'
caouP
R=335.00'
L=18.20'
— A=3°06 47"
CB=S55°55'56"W
CD=18,20'
"Orange Blossom kfnrich Phase Irk -
_�
(P. B. 45, PG. 58, C C.R
THIS IS NOT A SURVFY
ORANGE
3LOSSOn7 RANCH
PHASE IA
SCOTTA, WHEELER(FOR THEPIRM-LB-6940) DATE SIGNED. ...`a...u..
PROFESSIONAL SURVEYOR AND A4APPER
FLORIDA CERTIFICATE NO. 5949 SKETCH TO
' ACCOMPANY
NOT VALID WRDESCRIPTION
F(OU7 THE THE ORIGINAL o
RAISED SEAL OFAFLORIDA LICENSED SURVEYOR AND MAPPER.
EXHIBIT 3
MAPS OF THE ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT
DISTRICT SHOWING CURRENT MAJOR TRUNK WATER MAINS AND SEWER
INTERCEPTORS AND OUTFALLS
1111+! �_ 1 - -- - -�- liL�J'�!� -�-� -- -�- -11 •
11 ,/
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RANCH
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1111'1111111
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ORANGEELOSSOM
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EXHIBIT 4A
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE
ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
Improvement Category Start Date Completion Date
Storm Water Management 02/2016 12/2021
Water 04/2016 12/2021
Sewer 04/2016 12/2021
Landscape Buffers/ Security 10/2016 12/2021
EXHIBIT 4B
CONSTRUCTION COST ESTIMATES
ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
Improvement Category Cost Estimate
Storm `dater Management $9,106,949.68
Water $1,197,366.55
Sewer $4,220,922.47
Landscape Buffers/ Security $4,157,216.08
Total $18,682,454.78
EXHIBIT 5
FUTURE LAND USE MAP
ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
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AGRICULTURAL I RURAL MIXED USE .IBTRIDT
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LAND USE
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EXHIBIT E
EXHIBIT G
STATEMENT OF ESTIMATED REGULATORY COSTS
ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
ORANGE BLOSSOM RANCH
COMMUNITY DEVELOPMENT DISTRICT
Statement
of
Estimated Regulatory Costs
June 15, 2016
Provided by
Wrathell, Hunt and Associates, LLC
2300 Glades Road, Suite 41OW
Boca Raton, FL 33431
Phone: 561-571-0010
Fax: 561-571-0013
Website: xvww.whhassociates.com
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the
Orange Blossom Ranch Community Development District ("District"). The proposed District will
comprise approximately 219.79 +/- acres of land located within unincorporated Collier County,
Florida (the "County") and is projected to contain approximately 984 residential dwelling units. The
limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), Florida Statutes
("F.S.") (governing District establishment) as follows:
"That the process of establishing such a district pursitant to uniform general law
be fair and based only on factors material to managing and financing the sen)ice
deliver- firnction of the district, so that any matter concerning permitting oY
planning of the development is not material or relevant (emphasis added)."
1.2 Overview of the Orange Blossom Ranch Community Development District
The District is designed to provide public infrastructure, services, and facilities along with operations
and maintenance of same to a master planned residential development currently anticipated to
contain a total of approximately 984 residential dwelling units, all within the boundaries of the
District.
A Community Development District ("CDD") is an independent unit of special purpose local
government authorized by Chapter 190, F.S., to plan, finance, construct, operate and maintain
community -wide infrastructure in large, planned community developments. CDDs provide a
"solution to the state's planning, management and financing needs for delivery of capital
infrastructure in order to service projected growth without overburdening other governments and
their taxpayers." Section 190.002(1)(a), F.S.
A CDD is not a substitute for the local, general purpose government unit, i.e., the City or County in
which the CDD lies. A CDD does not have the permitting, zoning or policing powers possessed by
general purpose governments. A CDD is an alternative means of financing, construction, operating
and maintaining public infrastructure for developments, such as Orange Blossom Ranch.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (2013), 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 5 years after
the implementation of the rule;
2. Is likely to have an adverse impact on business competitiveness, including the ability of persons
doing business in the state to compete with persons doing business in other states or domestic
markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the
implementation of the rule; or
3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in
the aggregate within 5 years after the implementation of the rule.
(b) A good faith estimate of the number of individuals and entities likely to be required to comply
with the rule, together with a general description of the types of individuals likely to be affected by
the rule.
(c) A good faith estimate of the cost to the agency, and to any other state and local government
entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or
local revenues.
(d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities,
including local government entities, required to comply with the requirements of the rule. As used
in this section, "transactional costs" are direct costs that are readily ascertainable based upon
standard business practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed in complying with
the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other
costs necessary to comply with the rule.
(e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the
impact on small counties and small cities as defined in s. 120.52. The impact analysis for small
businesses must include the basis for the agency's decision not to implement alternatives that would
reduce adverse impacts on small businesses. (Collier County, according to Census 2010, has a
population of 321,520; therefore, it is not defined as a small County for the purposes of this
requirement.)
(0 Any additional information that the agency determines may be useful.
(g) In the statement or revised statement, whichever applies, a description of any regulatory
alternatives submitted under paragraph (1)(a) and a statement adopting the alternative or a statement
of the reasons for rejecting the alternative in favor of the proposed rule.
Note: the references to "rule" in the statutory requirements for the Statement of Estimated
Regulatory Costs also apply to an "ordinance" under section 190.005(2)(x), 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 5 years after the implementation of the ordinance;
2
2. Is likely to have an adverse impact on business competitiveness, including the
ability of persons doing business in the state to compete with persons doing business
in other states or domestic markets, productivity, or innovation in excess of $1 million
in the aggregate within 5 years after the implementation of the ordinance; or
3. Is likely to increase regulatory costs, including any transactional costs, in excess
of $1 million in the aggregate within 5 years after the implementation of the
ordinance.
The ordinance establishing the District is anticipated to not have any direct or indirect adverse
impact on economic growth, private sector job creation or employment, private sector investment,
business competitiveness, ability of persons doing business in the state to compete with persons
doing business in other states or domestic markets, productivity, or innovation. Any increases in
regulatory costs, principally the anticipated increases in transactional costs as a result of imposition
of special assessments by the District will be the direct result of facilities and services provided by
the District to the landowners within the District, however, as property ownership in the District is
voluntary and all additional costs will be disclosed to prospective buyers prior to sale, such increases
should be considered voluntary, self-imposed and offset by benefits received from the infrastructure
and services provided by the District.
2.1 Impact on economic growth, private sector job creation or employment, or private
sector investment in excess of $1 million in the aggregate within 5 years after the
implementation of the ordinance.
The sole reason for the establishment of the District is to provide public facilities and services to
support the development of a new, master planned mixed-use development. The development of
the approximately 219.79 +/- acre parcel will promote local economic activity, create local value,
lead to local private sector investment and is likely, at least in the short term, to support local private
sector employment and/or lead to local new job creation.
Establishment of the District will allow it 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 for private use. The provision of District's infrastructure and the subsequent development
of the private land will generate private economic activity, private economic growth, private
investment and employment, and job creation. The District will use proceeds of indebtedness to
fund construction of public infrastructure, which will be constructed by private firms, and once
constructed, will use private firms to operate and maintain such infrastructure/provide services to
the landowners and residents of the District. The private developer of the land in the District will
use its private funds to conduct the private land development and construction of an anticipated
approximately 984 residential dwelling units, the construction, sale, and continued use/maintenance
of which will involve private firms. While similar economic growth, private sector job creation or
employment, or private sector investment could be achieved in absence of the District by the private
sector alone, the fact that the establishment of the District is initiated by the private developer
means that the private developer considers the establishment and continued operation of the
District as beneficial to the process of land development and the future economic activity taking
place within the District, which in turn will lead directly or indirectly to economic growth, likely
3
private sector job growth and/or support private sector employment, and private sector
investments.
2.2 Impact on business competitiveness, including the ability of persons doing business
in the state to compete with persons doing business in other states or domestic markets,
productivity, or innovation in excess of $1 million in the aggregate within 5 years after the
implementation of the ordinance.
When assessing the question of whether the establishment of the District is likely to directly or
indirectly 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, one has to compare these factors in the presence and in the
absence of the District in the development. When the question is phrased in this manner, it can be
surmised that the establishment of the District is likely to not have a direct or indirect adverse
impact on business competitiveness, productivity, or innovation versus that same development
without the District. Similar to a purely private solution, District contracts will be bid competitively
as to achieve the lowest cost/best value for the particular infrastructure or services desired by the
landowners under a "lowest responsive/responsible bid" method, which will insure that contractors
,wishing to bid for such contracts will have to demonstrate to the District the most optimal mix of
cost, productivity and innovation. Additionally, the establishment of the District for the
development is not likely to cause the award of the contracts to favor non -local providers any more
than if there was no District. The District, in its purchasing decisions, will not vary from the same
principles of cost, productivity and innovation that guide private enterprise.
2.3 Likelihood of an increase in regulatory costs, including any transactional costs, in
excess of $1 million in the aggregate within 5 years after the implementation of the
ordinance.
The establishment of the District will not increase any regulatory costs of the State or the County by
virtue that the District will be one of many already existing similar districts within the State and also
one of a few already existing similar districts in the County. As described in more detail in Section 4,
the proposed District will pay a one-time filing fee to the County to offset any expenses that the
County may incur in the processing of this petition. Similarly, the proposed District will pay
annually the required Special District Filing Fee, which fee is meant to offset any State costs related
to its oversight of all special districts in the State.
The establishment of the District will, however, directly increase regulatory costs to the landowners
within the District. Such increases in regulatory costs, principally the anticipated increases in
transactional costs as a result of likely imposition of special assessments and use fees by the District,
will be the direct result of facilities and services provided by the District to the landowners within
the District. However, as property ownership in the District is completely voluntary, all current
property owners must consent to the establishment of the District and the likelihood of additional
transaction costs, and all initial prospective buyers must have such additional transaction costs
disclosed to them prior to sale, as required by State law and County ordinance establishing the
District, such increases should be considered voluntary, self-imposed, and as a tradeoff for the
4
services and facilities provided by the District. As to the anticipated amount of the transactional
costs in the aggregate within 5 years, they are anticipated to not exceed $10,000,000.
3.0 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 ordinance.
The proposed District will serve land that comprises an approximately 219.79 +/- acre master
planned residential development currently anticipated to contain a total of approximately 984
residential dwelling units, although the development plan can change. Assuming an average density
of 3.5 persons per residential dwelling unit, the estimated residential population of the proposed
District at build out would be approximately 3,444 +/- and all of these residents as well as the
landowners within the District will be affected by the ordinance. The County, the proposed District
and certain state agencies will also be affected by or required to comply with the ordinance as more
fully discussed hereafter.
4.0 A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed ordinance, and any
anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project and there is no anticipated
effect of the ordinance establishing the District 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
There will be only modest costs to various State governmental entities to implement and enforce the
proposed establishment of the District. The District as established on the proposed land, will
encompass under 1,000 acres, therefore, the Collier County is the establishing entity under
190.005(2), F.S. The modest 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 very small, 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.
5
Collier County, Florida
The proposed land for the District is located within unincorporated Collier County, Florida and
consists of less than 1,000 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 much of the information needed for a staff review. Third, the
County already possesses the staff needed to conduct the review without the need for new staff.
Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by a
filing fee included with the petition to offset any expenses the County may incur in the processing of
this petition. Finally, the County already processes similar petitions, though for entirely different
subjects, for land uses and zoning changes that are far more complex than the petition to establish a
community development district.
The annual costs to County, because of the establishment of the District, are also very small. The
District is an independent unit of local government. The only annual costs the County faces are the
minimal costs of receiving and reviewing the various reports that the District is required to provide
to the County, or any monitoring expenses the County may incur if it establishes a monitoring
program for this District.
4.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local revenues. The
District is an independent unit of local government. It is designed to provide infrastructure facilities
and services to serve the development project and it has its own sources of revenue. No state or
local subsidies are required or expected.
In this regard it is important to note that any debt obligations incurred by the District to construct
its infrastructure, or for any other reason, are not debts of the State of Florida or any other local
government. In accordance with State law, debts of the District are strictly its own responsibility.
5.0 A good faith estimate of the transactional costs likely to be incurred by individuals
and entities, including local government entities, required to comply with the requirements
of the ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may provide.
Financing for these facilities is projected to be provided by the District.
Table 2 illustrates the estimated costs of construction of the capital facilities, outlined in Table 1.
Total costs of construction for those facilities, which may be provided, are estimated to be
approximately $18,682,454.78. District may levy non -ad valorem special assessment (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 properties in the District
that may benefit from the District's infrastructure program as outlined in Table 2.
6
Table 1
ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
Proposed Facilities and Services
FACILITY FUNDED MAINTAINED OWNERSHIP
Storm Nater Management
CDD
CDD
CDD
Roadways
Developer
HOA
HOA
Water
CDD
CDD or Orange
CDD or Orange
Tree Utilities or
Tree Utilities or
County
County
Sewer
CDD
CDD or Orange
CDD or Orange
Tree Utilities or
Tree Utilities or
County
County
Internal Landscaping
Developer
HOA
HOA
Landscape Buffers/ Security
CDD
CDD
CDD
Prospective future landowners in the development 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.
Table 2
ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
Estimated Costs of Construction
CATEGORY COST
Storm Water Management $9,106,949.68
Water $1,197,366.55
Sanitary Sewer $4,220,922.47
Landscape Buffers/Security $4,157,216.08
Total Estimated Project Costs $18,682,454.78
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.
With regard to the public services delivery, dependent and other independent special districts can be
used to manage the provision of infrastructure and services, however, they are limited in the types of
services they can provide, and likely it would be necessary to employ more than one district to
provide all services needed by the development.
Other public entities, such as cities, are also capable of providing services, however, their costs in
connection with the new services and infrastructure required by the new development and,
transaction costs, would be borne by all taxpayers, unduly burdening existing taxpayers. Additionally,
other public entities providing services would also be inconsistent with the State's policy of "growth
paying for growth".
Lastly, services and improvements could be provided by private entities. However, their interests
are primarily to earn short-term profits and there is no public accountability. The marginal benefits
of tax-exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs
to enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be
included within the District will receive three major classes of benefits.
First, those residents in the District will receive a higher level of public services which in most
instances will be sustained over longer periods of time than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the public services will be completed concurrently
with development of lands within the development. This satisfies the revised growth management
legislation, and it assures that growth pays for itself without undue burden on other consumers.
Establishment of the District will ensure that these landowners pay for the provision of facilities,
services and improvements to these lands.
Third, a CDD is the sole form of local governance which is specifically established to provide
District landowners with planning, construction, implementation and short and long-term
maintenance of public infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the development is not the total cost for the District
to provide infrastructure services and facilities. Instead, it is the incremental costs above, if
applicable, what the landowners would have paid to install infrastructure via an alternative financing
mechanism.
Consequently, a CDD provides property owners with the option of having higher levels of facilities
and services financed through self-imposed revenue. The District is an alternative means to manage
necessary development of infrastructure and services with related financing powers. District
8
management is no more expensive, and often less expensive, than the alternatives of various public
and private sources.
6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S.,
and an analysis of the impact on small counties and small cities as defined by Section
120.52, F.S.
There will be little impact on small businesses because of the establishment of the District. If
anything, the impact may be positive because the District must competitively bid all of its contracts
and competitively negotiate all of its contracts with consultants. This affords small businesses the
opportunity to bid on District work.
Collier County has a population of 321,520 according to the Census 2010 conducted by the United
States Census Bureau and is therefore not defined as a "small" county according to Section 120.52,
F.S.
7.0 Any additional useful information.
The analysis provided above is based on a straightforward application of economic theory, especially
as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the
Petitioner's Engineer and other professionals associated with the Petitioner.
In relation to the question of whether the proposed Orange Blossom Ranch Community
Development District is the best possible alternative to provide public facilities and services to the
project, there are several additional factors which bear importance. As an alternative to the
independent CDD, the County could establish a dependent Special District for the area or establish
an MSBU or MSTU. Either of these alternatives could finance the improvements contemplated in
Tables 1 and 2 in a fashion similar to the proposed District.
There are a number of reasons why a dependent Special District is not the best alternative for
providing public facilities and seivices to the Orange Blossom Ranch development. First, unlike a
CDD, this alternative would require the County to administer the project and its facilities and
services. As a result, the costs for these services and facilities would not be directly and wholly
attributed to the land directly benefiting from them, as the case would be with a CDD.
Administering a project of the size and complexity of the development program anticipated for the
Orange Blossom Ranch development is a significant and expensive undertaking.
Second, a CDD is preferable from a government accountability perspective. With a CDD, residents
and landowners in the District would have a focused unit of government ultimately under their
direct control. The CDD can then be more responsive to resident needs without disrupting other
County responsibilities. By contrast, if the County were to establish and administer a dependent
Special District, then the residents and landowners of the Orange Blossom Ranch development
would take their grievances and desires to the County Commission meetings.
Third, any debt of an independent CDD is strictly that District's responsibility. While it may be
technically true that the debt of a County -established, dependent Special District is not strictly the
9
County's responsibility, any financial problems that a dependant Special District may have may
reflect on the County. This will not be the case if a CDD is established.
Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the
infrastructure as well as operations and maintenance of public facilities and services. A CDD is
superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low cost funds
from the municipal capital markets. Second, as a government entity a CDD can impose and collect
its assessments along with other property taxes on the County's real estate tax bill. Therefore, the
District is far more assured of obtaining its needed funds than is a POA. Third, the proposed
District is a unit of local government. This provides a higher level of transparency, oversight and
accountability.
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 Orange Blossom Ranch Community Development District.
10
APPENDIX A
LIST OF REPORTING REQUIREMENTS
11
FL. STATUE
REPORT
CITATION
DATE
Annual
Financial
Audit
190.008/218.39
9 months after end of Fiscal Year
Annual
Financial
45 days after the completion of the Annual Financial Audit but
Report
190.008/218.32
no more than 9 months after end of Fiscal Year
TRIM
Compliance
no later than 30 days following the adoption of the property tax
Report
200.068
levy ordinance/resolution if levying ro er taxes
within 30 days of accepting the appointment, then every year
Form 1 -
thereafter by 7/1 (by "local officers" appointed to special
Statement of
district's board); during the qualifying period, then every year
Financial
thereafter by 7/1 (by "local officers" elected to special district's
Interest
112.3145
board
within one year of special district's creation; then annual notice
Public
of any changes; and updated report every 5 years, 12 months
Facilities
prior to submission of local government's evaluation and
Report
189.08
appraisal report
Public
Meetings
Schedule
189.015
quarterly, semiannuafly, or annually
Bond
Report
218.38
when issued; within 120 days after delivery of bonds
Registered
Agent
189.014
within 30 days after first meeting of governing board
Proposed
Budget
189.016
prior to end of current fiscal year
Public
Depositor
Report
280.17
annually by November 30
11
EXHIBIT 7
PROPOSED ORDINANCE
ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
ORDINANCE NO. 16 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE ORANGE
BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
LOCATED IN UNINCORPORATED COLLIER COUNTY AND
CONTAINING APPROXIMATELY 219.79 ACRES; PROVIDING FOR
THE AUTHORITY OF THE ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE ORANGE
BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT;
PROVIDING FOR THE DESIGNATION OF THE INITIAL BOARD
MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING
FOR STATUTORY PROVISIONS GOVERNING THE DISTRICT;
PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, RP Orange Blossom Owner, LLC, a Delaware limited liability company has
petitioned the Board of County Commissioners ('Board") of Collier County, Florida, a political
subdivision of the State of Florida, to establish the ORANGE BLOSSOM RANCH
COMMUNITY DEVELOPMENT DISTRICT ("District"); and
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section
190.005(2)(c), Florida Statutes:
1. The petition is complete and meets the requirements of Section 190.005, Florida
Statutes, and all statements contained within the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
1
6. The area that will be served by the District is amenable to separate special -district
government.
WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
Chapter 380, Florida Statutes, and that the district so established does not have any zoning or
permitting powers governing development; and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government.
WHEREAS, pursuant to Section 190.012 (2)(d), Florida Statutes, upon the establishment
of the proposed community development district, the District Board of Supervisors have sought
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.
2
SECTION TWO: ESTABLISHMENT OF THE ORANGE BLOSSOM RANCH
COMMUNITY DEVELOPMENT DISTRICT
The Orange Blossom Ranch 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. Mark Taylor
3066 Tamiami Trail North.,
Suite 201
Naples, FL 34103
3. Brian O'Donnell
3066 Tamiami Trail North.,
Suite 201
Naples, FL 34103
5. Karen Welks
3066 Tamiami Trail North.,
Suite 201
Naples, FL 34103
SECTION FOUR: DISTRICT NAME
2. Jim Reinders
3066 Tamiami Trail North.,
Suite 201
Naples, FL 34103
4. Ken Bloom
3066 Tamiami Trail North.,
Suite 201
Naples, FL 34103
The community development district herein established shall henceforth be known as the
"Orange Blossom Ranch Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Orange Blossom Ranch 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
9
Upon the effective date of this Ordinance, the Orange Blossom Ranch Community
Development District will be duly and legally authorized to exist and exercise all of its powers as
set forth in Section 190.012(1), Florida Statutes, and as otherwise provided by law.
The Board hereby consents to the exercise by the Board of Supervisors of the District of
the special powers set forth in Section 190.012(2)(d), Florida Statutes, to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion -detection systems, and patrol cars, provided however that the District may not exercise
any police power, but may contract with the appropriate local general purpose government
agencies for an increased level of such services within the District boundaries.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing recitals setting forth Petitioner's Commitments, re -sated as follows: (1) elect one
resident of the District to the five member Board of Supervisors at such time as residents begin
occupying homes in the District, and (2) record a Notice of Assessments containing the specific
terms and conditions of any special assessments imposed to secure bonds issued by the District,
which notice shall be recorded immediately after any such bond issuance. The Board shall retain
any and all rights and remedies available at law and in equity to enforce Petitioner's
Commitments against Petitioner, its successors and assigns.
SECTION EIGHT: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article"
or any other appropriate word.
SECTION TEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST: DWIGHT E. BROCK
Lo
, Deputy Clerk
Approved as to form legality:
Jeffrey A. Klatzkow
County Attorney
5
2016.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
arraco www.barraco.net
and Associates, Inc. Civil Engineers, Land Surveyors and Consultants
TRANSMITTAL LETTER
TO: FROM:
Marcia Kendall Amy Fontaine
COMPANY: DATE: PROJECT NUMBER
Collier County Growth Management August 5, 2016 233o6
Division
ADDRESS: PROJECT NAME:
2800 N. Horseshoe Drive Orange Blossom Ranch CDD
CITY, STATE, ZIP: DISTRIBUTION TO:
Naples, FL
RE:
Petition for the establishment of a Community Development District (CDD)
WE ARE SENDING THE FOLLOWING ITEMS VIA:
X STANDARD POSTAL MAIL COURIER SERVICE OTHER
OVERNIGHT DELIVERY CLIENT PICK-UP AT OUR OFFICE j r
ITEM
COPIES
DATE
DESCRIPTION
1.
1
o8/05/16
Original
2.
3
o8/05/16
Copies
3•
1
o8/05/16
Fee (Check number 3763) in the amount of $15,000.00
4•
5•
6.
7-
8.
9•
10.
THESE ARE TRANSMITTED AS CHECKED BELOW:
AS REQUESTED FOR BIDS DUE:
FOR YOUR USE APPROVED AS SUBMITTED
X FOR APPROVAL APPROVED AS NOTED
FOR REVIEW AND COMMENT RETURNED FOR CORRECTIONS
NOTES/COMMENTS:
RESUBMIT COPIES FOR APPROVAL
SUBMIT COPIES FOR DISTRIBUTION
RETURN CORRECTED PRINTS
ITEMS RETURNED AFTER LOAN TO US
IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE
Post Office Drawer 2800 • Fort Myers, FL 33902
Phone (239) 461-3170 • Fax (239) 461-3169
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE: PETITION TO ESTABLISH THE
ORANGE BLOSSOM RANCH COMMUNITY
DEVELOPMENT DISTRICT
1
AFFIDAVIT ADOPTION WRITTEN, PRE -FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, Anthony Solomon, in my representative capacity as Managing Member of Ronto Orange
Blossom, L.L.C., a Florida limited liability company, being duly sworn, do hereby state for my
affidavit as follows:
I . I have personal knowledge of the matters set forth in this affidavit.
2. My name is Anthony Solomon and I am managing member of Ronto Orange Blossom,
L.L.C.
3. The prepared, written, pre -filed testimony, submitted under my name to Collier County
relating to the establishment of the Orange Blossom Ranch Community Development
District, and attached hereto, is true and correct.
4. If I were asked the questions contained in the pre -filed testimony orally at the Orange
Blossom Ranch Community Development District establishment hearing on November
15, 2016, my oral answers would be the same as the written answers presented in my
pre -filed testimony.
5. My pre -filed testimony generally addresses the nature of the services and facilities to
be provided by the proposed Orange Blossom Ranch Community Development
District, the truth and accuracy of the Petition to establish the proposed District, and
compliance with the factors to be considered in the establishment of a community
development district.
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.
i
Executed this day of Yf, 2016. Ronto Orange Blossom, L.L.C., a Florida limited
liability company,
By
Anthony Solomon, Managing Member
SWORN TO and SUBSCRIBED before me by the Affiant, on this )6 ' 4 day of , 2016,
PHYWS M. BRITTON
Commission # FF 945736
Expires April 7, 202{}
„ 9wAWTWTroyF@bInumMOa8D-wo
Personally Known X
Type Identification produced
tary Public State of Florida
&/Z/ 7T-01\)
Typ d Name of Notary Public
TESTIMONY OF ANTHONY SOLOMON, MANAGING MEMBER,
RONTO ORANGE BLOSSOM, L.L.C.
1. Please state your name and business address.
Anthony Solomon
3066 Tamiami Trail North, Suite 201, Naples, FL 34103
2. By whom are you employed and in what capacity?
I am a managing member of Ronto Orange Blossom, L.L.C., in addition to being the
Executive VP and Owner of the Ronto Group, Inc.
3. Please describe your duties in this position.
I oversee the management and development the land owned by RP Orange Blossom
Owner, L.L.C., and report to RP Orange Blossom Owner, L.L.C.
4. Please describe your experience and credentials, including your current
employment.
I am the Executive VP and Owner of the Ronto Group, Inc., and have experience
developing large scale master planned communities, high-rises, and mid -rises in Southwest
Florida.
5. How long have you held this position?
I have served as managing member of Ronto Orange Blossom, L.L.C. since June of 2014.
6. Are you generally familiar with the geographic areas, type, and scope of
development and the available services and facilities within the proposed Community
Development District to be known as Orange Blossom Ranch Community
Development District?
Yes, I am.
7. Please describe your involvement with the Petition for an Ordinance to Establish
the Orange Blossom Ranch Community Development District ("Petition")?
I have been involved with the Petition in my capacity as managing member of Ronto
Orange Blossom, L.L.C., which is the manager of the applicable property.
S. Have you reviewed the contents of the Petition?
1
Yes, I have.
9. Are there any changes or corrections to any of the Exhibits attached to the Petition
at this time?
No, none are required at this time.
10. Are the contents of the Petition and Exhibits true and correct to the best of your
knowledge?
Yes, they are.
11. In response to this Petition, what action has Collier County Taken?
Collier County Staff reviewed the petition in accordance with factors set forth in Chapter
190.005(1)(e), Florida Statutes and recommended that the Board of County Commissioners
of Collier County, Florida considers adopting an ordinance establishing the proposed
Orange Blossom Ranch CDD.
12. Approximately how large is the land area proposed to be in the Orange Blossom
Ranch CDD?
The land area proposed to be within the Orange Blossom Ranch CDD is approximately
219.79 +/- acres.
13. Who are the Owners of the proposed land to be included in the Orange Blossom
Ranch CDD?
RP Orange Blossom Owner, LLC is the owner of the land within the proposed Orange
Blossom Ranch CDD.
14. Have the Owners Provided and Affidavit of Ownership and Consent to the
Creation of the Orange Blossom Ranch CDD?
Yes, they have.
15. Does this conclude your testimony?
Yes, it does.
2
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE: PETITION TO ESTABLISH THE )
ORANGE BLOSSOM RANCH COMMUNITY )
DEVELOPMENT DISTRICT )
AFFIDAVIT ADOPTION WRITTEN, PRE -FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, Michal Szymonowicz, Director of Financial Services of Wrathell, Hunt and Associates, LLC, a
Florida corporation, being 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 Michal Szymonowicz and I am the Director of Financial Services of
Wrathell, Hunt and Associates, LLC, a Florida corporation.
3. The prepared, written, pre -filed testimony, submitted under my name to Collier
County relating to the establishment of the Orange Blossom Ranch Community
Development District, and attached hereto, is true and correct.
4. If I were asked the questions contained in the pre -filed testimony orally at the Orange
Blossom Ranch Community Development District establishment hearing on
November 15th, 2016, my oral answers would be the same as the written answers
presented in my pre -filed testimony.
5. My pre -filed testimony generally addresses the nature of the services and facilities to
be provided by the proposed Orange Blossom Ranch Community Development
District, the truth and accuracy of the Petition to establish the proposed District, and
compliance with the factors to be considered in the establishment of a community
development district.
1
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 27th day of September, 2016 by Michal Szymonowicz, Director of
Financial Services of Wrathell, Hunt and Associates, LLC, a Florida corporation,
Y JL- eLJ sw44��
Michal Szyn4onowicz
Director of Financial Services
SWORN TO and SUBSCRIBED before me by the Affiant, on this 27th, day of September, 2016.
Daphne G ywd
NOTARY PMUC
IM -1
SpA NoAry Public State of lorida
. corm FF89g5Q
Expires 8=2019 b" 14 N L LJ-\/ nna
Typed Name of Notary Public
ersonally Known
Type Identification produced
2
TESTIMONY OF MICHAL SZYMONOWICZ
1. Please state your name and business address.
My name is Michal Szymonowicz. My business address is 2300 Glades Road, Suite
410W, Boca Raton, Florida 33431.
2. By whom are you employed and in what capacity?
I am the Director of Financial Services of Wrathell, Hunt & Associates, LLC.
3. And what is the nature of your firm's business?
Our firm provides management and advisory services to community development
districts, special districts, and local governments throughout the State of Florida and other
states in the Southeastern United States.
4. Please describe your experience and credentials, including your current
employment.
Over the course of my career spanning 17 years, I have served as Methodology
Consultant and Assessment Roll Coordinator for over 80 community development
districts throughout the State of Florida and administered the issuance of in excess of
$500,000,000 in tax exempt bonds.
5. Please describe your educational background, with degrees earned, major areas
of study, year of degree, institutions attended.
Master of Business in Economics from Florida Atlantic University and Bachelor of Arts
in Economics from Florida Atlantic University.
6. Do you hold any professional designations or certifications?
No, I do not.
7. Are you a member of any professional association?
Yes, I am a member of the Florida Government Finance Officers Association.
8. Prior to your current employment, by whom were you employed and in what
position?
Severn Trent Service, Inc. as Senior Financial Analyst.
1
9. Have you previously worked with other CDD petitions? Have you previously
prepared a Statement of Regulatory Costs ("SERC")?
Yes, I have prepared numerous petitions and Statements of Estimated Regulatory Costs.
10. Have you ever been qualified as an expert in the preparation of such testimony
regarding Community Development Districts?
Yes, I have.
11. Please summarize your previous work experience relating to CDDs and special
districts in general?
I have prepared financial forecasting, bond forecasting, capital and operating budgets,
special assessment methodologies, petitions for establishment, expansion, contraction and
dissolution of special districts, Statements of Estimated Regulatory Costs and
administered assessment rolls.
12. Where in Florida are the districts with which you have worked?
Throughout my career, I have worked in virtually all parts of Florida, from the
Panhandle, to NE Florida, Central Florida, SW Florida and SE Florida.
13. Please list the proceedings in which you have been qualified as an expert witness
regarding the establishment (including contractions and/or additions to) of CDDs
and the operation and management of CDDs.
A recent partial list includes:
• Bella Venetia Community Development District
• Toscana Isles Community Development District
• Grand Haven Community Development District
• Creekside at Twin Creeks Community Development District
• Twin Creeks North Community Development District
14. Do you consider yourself and expert in economic analysis and forecasting in
regard to CDDs?
Yes, I do.
15. Are you familiar with the geographical areas, type, and scope of development
and the available services and facilities within the Orange Blossom Ranch CDD?
Yes, I am.
16. Are you familiar with the Petition filed to establish the Orange Blossom Ranch
CDD?
2
Yes, I am.
17. What has been your role with respect to the Petition to Establish ("Petition") the
Orange Blossom Ranch Community Development District (the "Orange Blossom
Ranch CDD")?
I coordinated the preparation of the petition, drafted the main petition body text, drafted
the Statements of Estimated Regulatory Costs and drafted the proposed ordinance to
establish the District.
18. Please generally describe each of the exhibits attached to the Petition.
• Exhibit IA provides the legal description of the external boundaries of the
District.
• Exhibit IB provides the location map for the District, outlines the boundaries of
the District and illustrates that there is no real property within the proposed
external boundaries of the District that is excluded from the District.
• Exhibit 2 lists the land proposed to be part of the District by Parcel ID number, its
owner name and address information, as well as contains the written consent
forms to the establishment of the District by the owner of 100% of the real
property to be included in the District.
• Exhibit 3 is the map of the District showing existing major trunk water mains and
sewer interceptors and outfalls.
• Exhibit 4A contains the proposed timetable for the construction of the proposed
District improvements.
• Exhibit 4B contains the estimated cost of constructing proposed District
improvements.
• Exhibit 5 contains the proposed future general distribution, location, and extent of
the public and private land uses within the District, as designated on the current
Collier County Future Land Use Map.
• Exhibit 6 is the Statement of Estimated Regulatory Costs.
• Exhibit 7 is a proposed form of ordinance to establish the Orange Blossom Ranch
Community Development District.
19. Are the contents of the Petition and the exhibits attached to it true and correct to
the best of your knowledge as of the date your prepared testimony is filed?
Yes, they are.
20. Why is RP Orange Blossom Owner, LLC petitioning for an ordinance to
establish the Orange Blossom Ranch CDD?
RP Orange Blossom Owner, LLC is petitioning for an ordinance to establish the Orange
Blossom Ranch CDD because based on the review of available alternatives conducted by
its consultants, it believes that establishing a Community Development District for the
3
residential development of Orange Blossom Ranch is the most timely, efficient, effective,
responsive, and economic way to deliver public infrastructure and services, providing a
solution to the state and local planning, management, and financing needs for delivery of
capital infrastructure to serve land development without overburdening other
governments and their taxpayers.
Let me ask you a few questions about certain opinions you may have based on your
experience in CDD management, real estate development and the development of
lands within the Orange Blossom Ranch CDD in particular.
21. Based on your experience in CDD management, do you have an opinion as to
whether the proposed Orange Blossom Ranch CDD is of sufficient size, sufficient
compactness, and sufficient contiguity to be developed as a functionally interrelated
community?
Yes, and my opinion is that the proposed Orange Blossom Ranch CDD is of sufficient
size, sufficient compactness, and sufficient contiguity to be developed as a functionally
interrelated community.
22. What is the basis for your opinion?
The proposed Orange Blossom Ranch CDD at approximately 219.79 +/- acres
encompasses enough area and is compact and contiguous to allow for development as a
functionally interrelated community. The area lends itself to effective delivery of
infrastructure and services for the proposed 984 residential units and the number of units
and configuration lends itself to the efficient delivery of such infrastructure and services.
23. Based on your experience, do you have an opinion as to whether the Orange
Blossom Ranch CDD is the best alternative available to provide community
development services and facilities to the area that will be served?
Yes, and my opinion is that the Orange Blossom Ranch CDD is the best alternative
available to provide community development services and facilities to the area that will
be served.
24. What is your opinion and the basis for it?
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.
M
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 counties or cities, are also capable of providing services,
however, their costs in connection with the new services and infrastructure required by
the new development and, transaction costs, would be borne by all taxpayers, unduly
burdening existing taxpayers. Additionally, other public entities providing services would
also be inconsistent with the State's policy of "growth paying for growth".
Lastly, services and improvements could be provided by private entities. However, their
interests are primarily to earn short-term profits and there is no public accountability.
The marginal benefits of tax-exempt financing utilizing CDDs would cause the CDD to
utilize its lower transactional costs to enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that occupants of the lands to
be included within the District will receive three major classes of benefits.
First, those residents in the District will receive a higher level of public services which in
most instances will be sustained over longer periods of time than would otherwise be the
case.
Second, a CDD is a mechanism for assuring that the public services will be completed
concurrently with development of lands within the development. This satisfies the
revised growth management legislation, and it assures that growth pays for itself without
undue burden on other consumers. Establishment of the District will ensure that these
landowners pay for the provision of facilities, services and improvements to these lands.
Third, a CDD is the sole form of local governance which is specifically established to
provide District landowners with planning, construction, implementation and short and
long-term maintenance of public infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the development is not the total cost for
the District to provide infrastructure services and facilities. Instead, it is the incremental
costs above, if applicable, what the landowners would have paid to install infrastructure
via an alternative financing mechanism.
Consequently, a CDD provides property owners with the option of having higher levels
of facilities and services financed through self-imposed revenue. The District is an
alternative means to manage necessary development of infrastructure and services with
related financing powers. District management is no more expensive, and often less
expensive, than the alternatives of various public and private sources.
5
25. Based on your experience, do you have an opinion as to whether the services and
facilities to be provided by the Orange Blossom Ranch CDD will be compatible with
the land uses and existing local and regional facilities and services?
Yes, and my opinion is that the Orange Blossom Ranch CDD will be compatible with the
land uses and existing local and regional facilities and services.
26. What is your opinion and the basis for it?
The services that the Orange Blossom Ranch CDD will provide with support the
development of the property within the District. A CDD, unlike a POA, will adhere to
higher governmental standards and procedures because it operates as government to
ensure public oversight and in being conscious of the economic impact on its assessment
payers, it will avoid the costly duplication and incompatibility of its services with those
of other local and regional facility and service providers. The Petitioner expects that the
District will fund the provision of storm water management, water, sewer, and
landscaping buffers/security for the development, with the storm water management and
landscaping buffers/security ultimately owned and maintained by the CDD and the water
and sewer utilities either owned and maintained by the CDD, Orange Tree Utilities or
appropriate Collier County utility agency. However, there will be no overlap or
incompatibility, as the facilities either do not yet exist, or exist in a manner consistent
with the regional facilities and services.
27. Based on your experience, do you have an opinion as to whether the area to be
included within the Orange Blossom Ranch CDD is amendable to being served by a
separate special district government?
Yes, and my opinion is that the Orange Blossom Ranch CDD is amendable to being
served by a separate special district government.
28. What is the basis for your opinion?
(a) Establishment of the District and all land uses and services planned within the
proposed District are not inconsistent with applicable elements or portions of the
effective Collier County Comprehensive Plan, as amended or any applicable elements or
portions of the state comprehensive plan.
(b) The land within the boundaries of the proposed District is of sufficient size and is
sufficiently compact and contiguous to be developed as one functional interrelated
community.
(c) The community development services of the District will be compatible with the
capacity and use of existing local and regional community development services and
facilities.
(d) The proposed District will be the best alternative available for delivering
community development services to the area to be served because (i) the District
provides a governmental entity responsible for delivering those services and facilities in a
manner that does not financially impact persons residing outside the District, (ii) the Act
0
authorizes a community development district to acquire infrastructure improvements
previously constructed by qualified developers within the District or allows for a
community development district to, in the first instance, construct such infrastructure
improvements, (iii) the timing for the establishment of the proposed District and the
issuance of special assessment bonds is compatible with the timing for the construction
and acquisition of such infrastructure improvements which results in direct benefit to the
landowners within the District, (iv) establishment of a community development district in
conjunction with a comprehensively planned community, as proposed, allows for a more
efficient use of resources as well as providing the opportunity for new growth to pay for
itself, and (v) establishment of the District will provide a perpetual entity capable of
making reasonable provisions for the operation and maintenance of many of the District
services and facilities.
Turning to the economic exhibits and opinions, we will begin addressing portion of
the Petition to Establish the Orange Blossom Ranch 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, I am.
30. How familiar?
I am very familiar with the SERC as I am the person who has prepared the SERC.
31. Are there any corrections required?
No, none are required at this time.
32. In general terms, please summarize the economic analysis you have presented in
the SERC.
The requirements of the SERC are outlined in Section 120.541(2), F.S., and generally
consist of:
(a) An economic analysis showing whether the rule directly or indirectly:
1. Is likely to have an adverse impact on economic growth, private sector job creation
or employment, or private sector investment in excess of $1 million in the aggregate
within 5 years after the implementation of the rule;
2. Is likely to have an adverse impact on business competitiveness, including the ability
of persons doing business in the state to compete with persons doing business in other
states or domestic markets, productivity, or innovation in excess of $1 million in the
aggregate within 5 years after the implementation of the rule; or
3. Is likely to increase regulatory costs, including any transactional costs, in excess of
$1 million in the aggregate within 5 years after the implementation of the rule.
7
(b) A good faith estimate of the number of individuals and entities likely to be required
to comply with the rule, together with a general description of the types of individuals
likely to be affected by the rule.
(c) A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state or local revenues.
(d) A good faith estimate of the transactional costs likely to be incurred by individuals
and entities, including local government entities, required to comply with the
requirements of the rule. As used in this section, "transactional costs" are direct costs
that are readily ascertainable based upon standard business practices, and include filing
fees, the cost of obtaining a license, the cost of equipment required to be installed or used
or procedures required to be employed in complying with the rule, additional operating
costs incurred, the cost of monitoring and reporting, and any other costs necessary to
comply with the rule.
(e) An analysis of the impact on small businesses as defined by s. 288.703, and an
analysis of the impact on small counties and small cities as defined in s. 120.52. The
impact analysis for small businesses must include the basis for the agency's decision not
to implement alternatives that would reduce adverse impacts on small businesses.
(Collier County, according to Census 2010, has a population of 321,520; therefore, it is
not defined as a small County for the purposes of this requirement.)
(f) Any additional information that the agency determines may be useful.
(g) In the statement or revised statement, whichever applies, a description of any
regulatory alternatives submitted under paragraph (1)(a) and a statement adopting the
alternative or a statement of the reasons for rejecting the alternative in favor of the
proposed rule.
Note: the references to "rule" in the statutory requirements for the Statement of Estimated
Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S.
33. Please describe briefly the data and methodology you used in preparing the
SERC and related analysis.
The data used in the preparation of the SERC was compiled from the Petitioner, an
Engineer hired by the Petitioner and our expertise with other CDDs. The data was
analyzed by using standard methodologies in the CDD industry and consistent with the
requirements outlined in Section 120.541(2), F.S.
Turning now to the state and local comprehensive plan criteria of Section
190.005(1)(e)2., do you have an opinion as to whether the establishment of the
Orange Blossom Ranch CDD is inconsistent with any applicable element or portion
of the State Comprehensive Plan?
34. What is your opinion?
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the
Petitioner on the questions pertaining to the matter of whether the establishment of the
Orange Blossom Ranch CDD is inconsistent with any applicable element or portion of
the State Comprehensive Plan.
35. What is the basis for that opinion?
n/a
36. What is Subject 15 and why is it relevant?
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the
Petitioner on the question above.
37. What is Subject 20 and why is it relevant?
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the
Petitioner on the question above.
38. What is Subject 25 and why is it relevant?
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the
Petitioner on the question above.
39. Are there any other subjects within the State Comprehensive Plan which are
relevant?
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the
Petitioner on the question above.
40. Do you have an opinion, as someone with expertise in planning, as to whether
the establishment of the Orange Blossom Ranch CDD is inconsistent with any
applicable element or portion for the Collier County Comprehensive Plan?
As I am an Economist, I will defer to opinions rendered by the Engineer engaged by the
Petitioner on the question above.
41. What is that opinion?
n/a
42. What is the basis for this opinion?
n/a
43. Does this conclude your testimony?
Yes, it does.
9
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE: PETITION TO ESTABLISH THE
ORANGE BLOSSOM RANCH COMMUNITY
DEVELOPMENT DISTRICT
AFFIDAVIT ADOPTION WRITTEN, PRE -FILED
TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, Carl Anthony Barraco, President of Barraco and Associates, Inc., a Florida
Corporation, being 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 Carl Anthony Barraco and I am President of Barraco and
Associates, Inc., a Florida corporation.
3. The prepared, written, pre -filed testimony, submitted under my name to
Collier County relating to the establishment of the Orange Blossom Ranch
Community Development District, and attached hereto, is true and correct.
4. If I were asked the questions contained in the pre -filed testimony orally at the
Orange Blossom Ranch Community Development District establishment
hearing on November 15, 2016, my oral answers would be the same as the
written answers presented in my pre -filed testimony.
5. My pre -filed testimony generally addresses the nature of the services and
facilities to be provided by the proposed Orange Blossom Ranch Community
Development District, the truth and accuracy of the Petition to establish the
proposed District, and compliance with the factors to be considered in the
establishment of a community development district.
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.
Executive this -3 day of C of 20 1 by , a Florida
corporation, its general partner,
P'RBy
SWORN TO and SUBSCRIBED before me by the Affiant, on this 2; day of Lcf' ,
20�,
,�.�e�,, AMY FONTAINE
n Notary Public -State of Florida
• e Commission # FF 898923
�;c My Comm. Expires Aug 16, 2019
Bonded through National Notary Assn.
Personally Known X
Type Identification produced
(1, 1��
]Votary Public State of Florida
Amy Fontaine
Typed Name of Notary Public
TESTIMONY OF Carl A. Barraco, P.E.
1. Please state your name and business address.
My name is Carl Anthony Barraco and my business address is 2271 McGregor Boulevard, Fort Myers,
Florida 33901•
2. By whom are you employed and in what capacity?
I am employed by Barraco and Associates, Inc. as President.
3. And what is the nature of your firm's business?
The Firm provides Professional Engineering, Planning and Land Surveying services.
4. Please describe your experience and credentials, including your current employment.
I am the principal in the firm and I am responsible for my own, and overseeing others, engineering
projects.
5. Please provide your professional background, with degrees earned, major areas of study,
year of degree, and institutions attended.
I received a Bachelor of Science in Civil Engineering and a Master's Degree in Civil Engineering both
from the University of South Florida.
6. Do you hold any professional designations or certifications?
I am a licensed Professional Engineer in the State of Florida.
7. Are you a member of any professional associations?
I am a member of the Florida Engineering Society, the American Society of Civil Engineers and the
National Society of Professional Engineers.
8. Prior to your current employment, by whom were you employed and in what position?
I have been involved in the design of civil infrastructure in southwest Florida for the past 30 years (16
years with Barraco and Associates, Inc. and 14 years with Johnson Engineering, Inc.). My experience
has been focused primarily on public and private infrastructure including roadways, stormwater
management, potable water distribution systems and sanitary collection systems.
9. Do you consider yourself an expert in civil engineering?
Yes
lo. Please describe your experience with civil engineering relating to community
development districts ("CDDs") and special districts?
I have been involved in and responsible for the design and construction of many land development
projects during the last 30 years. Almost every project has some type of public facility improvement
associated with it such as roadway improvements or extensions of sewer and water lines. In addition, I
have been involved in several large community development district projects and involved in the design
and construction of public facilities for numerous municipalities and special districts in Southwest
Florida. This includes stormwater, roadways, sewer and water facilities, recreational facilities and other
public facilities. Our firm has been involved in the establishment of several Community Development
Districts and has served as District Engineer for over 16 CDD's.
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 you role with respect to the Petition to Establish ("Petition") Orange
Blossom Ranch Community Development District ("OBR CDD")?
Assistance with all aspects to date relative to Civil Engineering within the proposed District boundary.
13. Are you familiar with the Petition filed to establish Orange Blossom Ranch CDD?
Yes
14. Have you reviewed the contents of the Petition?
Yes
15. Are there any changes or corrections to the Petition at this time?
Not to my knowledge
16. Are there any changes or corrections to any of the exhibits attached to the Petition at this
time?
Not to my knowledge
17. Are you generally familiar with the geographical areas, type, and scope of development
and the available services and facilities within the OBR CDD?
Yes
18. Please provide us with a brief description of OBR CDD boundaries and location?
Located on the north side of Oil Well Road, east of Palmetto Ridge High School and west of the Golden
Gate Canal. More specifically, the CDD is bound to the north, east and west by existing canals and to
the south by the lake constructed as part of the existing Ranch at Orange Blossom development and the
proposed commercial tract approved in the Orange Blossom Ranch PUD.
19. Please describe Exhibit "B" (i.e., location map); Exhibit "A" sketch and metes and bounds
legal description of the boundaries of District:; and Exhibit 3 (i.e., map of the proposed
stormwater sewer interceptors and outfalls, map of proposed water mains and force
mains, and the map of the existing infrastructure) of the Petition.
Exhibit B Location Map identifies the District Boundaries located in Collier County Florida. Exhibit A
is a legal description of the boundaries of the District as prepared by a Professional Surveyor and
Mapper registered in the State of Florida. This Exhibit sufficiently identifies the specific District
Boundaries. Exhibit 3 generally describes the proposed infrastructure to provide water, sanitary sewer
and storm water management within the proposed District.
20. Are the contents of the Petition and exhibits attached to it true and correct to the best of
your knowledge as of the date your prepared testimony is filed?
Yes
Let me ask you a few questions about certain opinions you may have based on your experience
with CDDs, civil engineering, real estate development, and the development of lands within
OBR CDD in particular.
21. Based on your experience, do you have an opinion as to whether the proposed OBR CDD
is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a
functionally interrelated community?
Yes
22. What is your opinion?
The proposed District is of sufficient size, compactness and sufficient contiguity to be developed and
serve with the infrastructure systems, facilities and services as a full functional interrelated community.
23. What is the basis for your opinion?
The District is of sufficient size, compactness and contiguity to be developed with infrastructure
systems, facilities, and services as one functionally interrelated community.
24. Based on your experience, do you have an opinion as to whether OBR CDD is the best
alternative available to provide community development services and facilities to the
area that will be served?
Yes
25. What is your opinion and the basis for it?
Based on my experience, the community development district approach is the best alternative for
providing necessary community development services and facilities to the area to be served by the
District, therefore creating self-sufficient development.
26. Based on your experience, do you have an opinion as to whether the services and
facilities to be provided by OBR CDD will be compatible with the uses and existing local
and regional facilities and services?
Yes
27. What is your opinion and the basis for it?
It is my opinion that the services and facilities to be provided by the District are not incompatible, and
in fact is fully compatible, with the capacities and uses of existing local and regional community
development facilities, and with those provided by the District. There will be no duplication of service.
28. Based on your experience, do you have an opinion as to whether the area to be included
within OBR CDD is amenable to being served by a separate special district government?
Yes
29. What is the basis for your opinion?
My opinion is that the area is amenable to being served by a separate special district government.
30. Turning now to the state and local comprehensive plan criteria of Section
190.005(1)(e)2., do you have an opinion as to whether the establishment of OBR CDD is
inconsistent with any applicable element or portion of the State Comprehensive Plan?
Yes
31. What is your opinion?
The establishment of OBR CDD is not inconsistent with any applicable element or portion of the State
Comprehensive Plan.
32. What is the basis of your opinion?
I have reviewed, from a planning and engineering perspective, the applicable portions of the State
Comprehensive Plan that relate to the establishment and continued existence of a community
development district. In Chapter 187 of the Florida Statutes, the State Comprehensive Plan has adopted
25 goals to guide future growth of the State. The establishment of OBR CDD would directly aid the State
in meeting several specific goals set forth in Chapter 187. The subjects that are most relevant are
elaborated on below.
33• What is Subject 15 and why is it relevant?
Subject 15 is a land use goal adopted by the legislature as the State Comprehensive Plan. It aims to
direct development to areas "which have in place, or have agreements to provide, the land and water
resources, fiscal abilities, and service capacity to accommodate growth in an environmentally
acceptable manner." Community development districts are designed to meet this State goal by
providing the financial means to build and maintain the necessary infrastructure in areas that can
accommodate growth. The proposed development will be in accordance to land development
regulations enacted to ensure environmentally responsible development. Under subject 15, the State
has enacted policy (b)1 to "Promote state programs, investments, and development and redevelopment
activities which encourage efficient development and occur in areas which will have the capacity to
service new population and commerce." A community development district meets this criteria; citing
Section 190.002(1)(a) of the Florida Statutes, "... an independent district can constitute a timely,
efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a
solution to the state's planning, management, and financing needs for delivery of capital infrastructure
in order to service projected growth without overburdening other governments and their taxpayers".
34• What is Subject 20 and why is it relevant?
Subject 20 is a governmental efficiency goal adopted by the legislature as the State Comprehensive Plan
aiming to maximize efficiency within government by promoting intergovernmental communication and
cooperation. It is not particularly relevant.
35• You also mentioned Subject 25. What is this and why is it relevant?
Subject 25 is a plan implementation goal calling for systematic planning capabilities to be integrated
into all levels of Florida government. The proposed community development district would be a
government framework created to systematically plan the construction, operation, and maintenance of
public improvements and community facilities authorized under Chapter 190, F.S. The goal also aims
to maximize citizen involvement. The structure of the proposed community development district
encourages public input by hosting a public meeting each month in the neighborhood.
rd
36. Are there any other subjects within the State Comprehensive Plan which are relevant?
Subject 17, which is in regard to public facilities, is also relevant. The State's goal to "plan for and
finance new facilities to serve residents in a timely, orderly, and efficient manner" is in accordance to
the purpose of a community development district. Under Subject 17, the State has enacted policy (b)4 to
"Create a partnership among state government, local governments, and the private sector which would
identify and build needed public facilities and allocate the costs of such facilities." The proposed
community development district would be a partnership with the local government to allow the private
sector to build the needed public facilities and "allocate the costs of new public facilities on the basis of
the benefits received by existing and future residents", as advocated for in policy (b)3 of Subject 17. The
proposed new public facilities can be built without additional financial burden being placed on the
existing residents and landowners/taxpayers within Collier County.
37. Do you have an opinion, as someone with expertise in planning, as to whether the
establishment of OBR CDD is inconsistent with any applicable element or portion of the
Collier County Comprehensive Plan?
Yes
38. What is your opinion?
The establishment of OBR CDD is not inconsistent with any applicable element or portion of the Collier
County Comprehensive Plan.
39• Does this conclude your testimony?
Yes
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE: PETITION TO ESTABLISH THE
ORANGE BLOSSOM RANCH COMMUNITY
DEVELOPMENT DISTRICT
AFFIDAVIT ADOPTION WRITTEN, PRE -FILED
TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, Wesley Scott Kayne, a Professional Engineer at Barraco and Associates, Inc., a Florida
Corporation, being 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 Wesley Scott Kayne and I am a Professional Engineer at Barraco
and Associates, Inc., a Florida corporation.
3. The prepared, written, pre -filed testimony, submitted under my name to
Collier County relating to the establishment of the Orange Blossom Ranch
Community Development District, and attached hereto, is true and correct.
4. If I were asked the questions contained in the pre -filed testimony orally at the
Orange Blossom Ranch Community Development District establishment
hearing on November 15, 2016, my oral answers would be the same as the
written answers presented in my pre -filed testimony.
5. My pre -filed testimony generally addresses the nature of the services and
facilities to be provided by the proposed Orange Blossom Ranch Community
Development District, the truth and accuracy of the Petition to establish the
proposed District, and compliance with the factors to be considered in the
establishment of a community development district.
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.
Executive this . 3 day of fi, 20by , a Florida
corporation, its general partner,
By
SWO TO and SUBSCRIBED before me by the Affiant, on this , day of
20 1 Le
,
AMY FONTAINE
.`s Notary Public - State of Florida
• E Commission # FF 898923
My Comm. Expires Aug 16, 2019
Battled through National Notary Assn.
Personally Known X
Type Identification produced
N ary Public State of Florida
Amy Fontaine
Typed Name of Notary Public
2
TESTIMONY OF Wesley S. Kale, P.E.
i. Please state your name and business address.
My name is Wesley Scott Kayne and my business address is 2271 McGregor Boulevard, Fort Myers,
Florida 33901•
2. By whom are you employed and in what capacity?
I am employed by Barraco and Associates, Inc. as a Professional Engineer.
3. And what is the nature of your firm's business?
The Firm provides Professional Engineering, Planning and Land Surveying services.
4. Please describe your experience and credentials, including your current employment.
I am a Professional Engineer at the firm and I am responsible for my own, and overseeing others,
engineering projects.
5. Please provide your professional background, with degrees earned, major areas of study,
year of degree, and institutions attended.
I received a Bachelor of Science in Civil Engineering from Florida Gulf Coast University in 2012.
6. Do you hold any professional designations or certifications?
I am a licensed Professional Engineer in the State of Florida.
7. Are you a member of any professional associations?
I am a member of the Florida Engineering Society and the National Society of Professional Engineers.
8. Prior to your current employment, by whom were you employed and in what position?
I have been involved in the design of civil infrastructure in southwest Florida for the past 10 years (all
with Barraco and Associates, Inc.). Previous positions at Barraco and Associates, Inc. included: design
technician and design engineer. My experience has been focused primarily on public and private
infrastructure including roadways, stormwater management, potable water distribution systems and
sanitary collection systems.
9. Do you consider yourself an expert in civil engineering?
Yes
io. Please describe your experience with civil engineering relating to community
development districts ("CDDs") and special districts?
I have been involved in and responsible for the design and construction of many land development
projects during the last 10 years. Almost every project has some type of public facility improvement
associated with it such as roadway improvements or extensions of sewer and water lines. In addition, I
have been involved in several large community development district projects and involved in the design
and construction of public facilities for numerous municipalities and special districts in Southwest
Florida. This includes stormwater, roadways, sewer and water facilities, recreational facilities and other
public facilities. Our firm has been involved in the establishment of several Community Development
Districts and has served as District Engineer for over 16 CDD's.
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") Orange
Blossom Ranch Community Development District ("OBR CDD")?
Assistance with all aspects to date relative to Civil Engineering within the proposed District boundary.
13. Are you familiar with the Petition filed to establish Orange Blossom Ranch CDD?
Yes
14. Have you reviewed the contents of the Petition?
Yes
15. Are there any changes or corrections to the Petition at this time?
Not to my knowledge
16. Are there any changes or corrections to any of the exhibits attached to the Petition at this
time?
Not to my knowledge
17. Are you generally familiar with the geographical areas, type, and scope of development
and the available services and facilities within the OBR CDD?
Yes
18. Please provide us with a brief description of OBR CDD boundaries and location?
Located on the north side of Oil Well Road, east of Palmetto Ridge High School and west of the Golden
Gate Canal. More specifically, the CDD is bound to the north, east and west by existing canals and to
the south by the lake constructed as part of the existing Ranch at Orange Blossom development and the
proposed commercial tract approved in the Orange Blossom Ranch PUD.
19. Please describe Exhibit "B" (i.e., location map); Exhibit "A" sketch and metes and bounds
legal description of the boundaries of District:; and Exhibit 3 (i.e., map of the proposed
stormwater sewer interceptors and outfalls, map of proposed water mains and force
mains, and the map of the existing infrastructure) of the Petition.
Exhibit B Location Map identifies the District Boundaries located in Collier County Florida. Exhibit A
is a legal description of the boundaries of the District as prepared by a Professional Surveyor and
Mapper registered in the State of Florida. This Exhibit sufficiently identifies the specific District
Boundaries. Exhibit 3 generally describes the proposed infrastructure to provide water, sanitary sewer
and storm water management within the proposed District.
20. Are the contents of the Petition and exhibits attached to it true and correct to the best of
your knowledge as of the date your prepared testimony is filed?
2
Yes
Let me ask you a few questions about certain opinions you may have based on your experience
with CDDs, civil engineering, real estate development, and the development of lands within
OBR CDD in particular.
21. Based on your experience, do you have an opinion as to whether the proposed OBR CDD
is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a
functionally interrelated community?
Yes
22. What is your opinion?
The proposed District is of sufficient size, compactness and sufficient contiguity to be developed and
serve with the infrastructure systems, facilities and services as a full functional interrelated community.
23. What is the basis for your opinion?
The District is of sufficient size, compactness and contiguity to be developed with infrastructure
systems, facilities, and services as one functionally interrelated community.
24. Based on your experience, do you have an opinion as to whether OBR CDD is the best
alternative available to provide community development services and facilities to the
area that will be served?
Yes
25. What is your opinion and the basis for it?
Based on my experience, the community development district approach is the best alternative for
providing necessary community development services and facilities to the area to be served by the
District, therefore creating self-sufficient development.
26. Based on your experience, do you have an opinion as to whether the services and
facilities to be provided by OBR CDD will be compatible with the uses and existing local
and regional facilities and services?
Yes
27. What is your opinion and the basis for it?
It is my opinion that the services and facilities to be provided by the District are not incompatible, and
in fact is fully compatible, with the capacities and uses of existing local and regional community
development facilities, and with those provided by the District. There will be no duplication of service.
28. Based on your experience, do you have an opinion as to whether the area to be included
within OBR CDD is amenable to being served by a separate special district government?
Yes
29. What is the basis for your opinion?
My opinion is that the area is amenable to being served by a separate special district government.
3
3o. Turning now to the state and local comprehensive plan criteria of Section
190.005(1)(e)2., do you have an opinion as to whether the establishment of OBR CDD is
inconsistent with any applicable element or portion of the State Comprehensive Plan?
Yes
31. What is your opinion?
The establishment of OBR CDD is not inconsistent with any applicable element or portion of the State
Comprehensive Plan.
32. What is the basis of your opinion?
I have reviewed, from a planning and engineering perspective, the applicable portions of the State
Comprehensive Plan that relate to the establishment and continued existence of a community
development district. In Chapter 187 of the Florida Statutes, the State Comprehensive Plan has adopted
25 goals to guide future growth of the State. The establishment of OBR CDD would directly aid the State
in meeting several specific goals set forth in Chapter 187. The subjects that are most relevant are
elaborated on below.
33• What is Subject 15 and why is it relevant?
Subject 15 is a land use goal adopted by the legislature as the State Comprehensive Plan. It aims to
direct development to areas "which have in place, or have agreements to provide, the land and water
resources, fiscal abilities, and service capacity to accommodate growth in an environmentally
acceptable manner." Community development districts are designed to meet this State goal by
providing the financial means to build and maintain the necessary infrastructure in areas that can
accommodate growth. The proposed development will be in accordance to land development
regulations enacted to ensure environmentally responsible development. Under subject 15, the State
has enacted policy (b)1 to "Promote state programs, investments, and development and redevelopment
activities which encourage efficient development and occur in areas which will have the capacity to
service new population and commerce." A community development district meets this criteria; citing
Section 190.002(1)(a) of the Florida Statutes, "... an independent district can constitute a timely,
efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a
solution to the state's planning, management, and financing needs for delivery of capital infrastructure
in order to service projected growth without overburdening other governments and their taxpayers".
34• What is Subject 20 and why is it relevant?
Subject 20 is a governmental efficiency goal adopted by the legislature as the State Comprehensive Plan
aiming to maximize efficiency within government by promoting intergovernmental communication and
cooperation. It is not particularly relevant.
35• You also mentioned Subject 25. What is this and why is it relevant?
Subject 25 is a plan implementation goal calling for systematic planning capabilities to be integrated
into all levels of Florida government. The proposed community development district would be a
government framework created to systematically plan the construction, operation, and maintenance of
public improvements and community facilities authorized under Chapter 19o, F.S. The goal also aims
to maximize citizen involvement. The structure of the proposed community development district
encourages public input by hosting a public meeting each month in the neighborhood.
36. Are there any other subjects within the State Comprehensive Plan which are relevant?
.19
Subject 17, which is in regard to public facilities, is also relevant. The State's goal to "plan for and
finance new facilities to serve residents in a timely, orderly, and efficient manner" is in accordance to
the purpose of a community development district. Under Subject 17, the State has enacted policy (b)4 to
"Create a partnership among state government, local governments, and the private sector which would
identify and build needed public facilities and allocate the costs of such facilities." The proposed
community development district would be a partnership with the local government to allow the private
sector to build the needed public facilities and "allocate the costs of new public facilities on the basis of
the benefits received by existing and future residents", as advocated for in policy (b)3 of Subject 17. The
proposed new public facilities can be built without additional financial burden being placed on the
existing residents and landowners/taxpayers within Collier County.
37. Do you have an opinion, as someone with expertise in planning, as to whether the
establishment of OBR CDD is inconsistent with any applicable element or portion of the
Collier County Comprehensive Plan?
Yes
38. What is your opinion?
The establishment of OBR CDD is not inconsistent with any applicable element or portion of the Collier
County Comprehensive Plan.
39• Does this conclude your testimony?
Yes
5
10/18/2016 A:Main
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that the Collier County Board of County Commisaionirra(the"Board")
will hold a public hearing on November 15,2018i„ commencing at 900 a.m.in the Board of
County Commissioners Chambers,Third Floor,Collie County Government Center,3299 Tamiarni
Trail,Naples,Florida. The purpose of the hearing is to consider the Establishment of a Community
Development District to be known as the Orange Blossom Ranch Community Development District
by Collier County Ordinance pursuant to Section 190.005(2),Honda Statutes.
The proposed District is compreed of approximately 219.79 acres and located entirely within Collier
County,Florida,and generally located south of 1-75,north of 011 Well Road and east of Palmetto
Ridge High School,as depicted on the map below,
The proposed District,a special purpose government,is a way to provide irdrastruchze subject to •
the regulatory requirements of both the State of Florida and Collier County wet/ming any existing
, or future lawful use and development of the land described below,andspecifically governing the
plarning,implementation,inaintunanee,and financing of basic community facilities,systems,and
services which may be required of arty such development consistent with principles of concurrency,
comprehensive planning,and development permitting.
On August 5,2016,RP Orange Blossom Owner,Li.0(the'Petitioner"),filed its petition to establish
the proposed District(the'Petition")to Collier County,along with the application-processing tee of
$15.000 far review by the County.The Board's consideration of the Petition will comply with Sections
198.0050(b)and(a).Florida Statutes,sewed de 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 factors listed in Section 190.005(1Xe),Rorida Statutes,end to detente*whether Collier
County will establish the Orange Blossom Ranch Community Development District by adoption of
an ordinarce.
A copy of the Petition and any of its documentation,including the statement of estimated regulatory
coats in acoordancewith the requirements of Section 210.541,Rondo Statutes,is available for review
at the Office of the County Clerk,Collier County,3299 Temkin»Trail Fad,Stite 401,Naples,Florida
and at the County Comprehensive Planning Section,2800 N.Horseshoe Drive,Naples,Florida.
All interested persons and affected unite of genemepurpora government shall be given an opportunity
to appear et the hewing and present oral or written comments 041 the Petition.
If a person decides to appeal ary decision made by the Board of County Comniesioners with respect
to any matter conaidered at soli meeting or hearing,hei'she will need a record of that proceeding,
and for such purpose to ensure that a verbatim record of the proceedings s made,which record
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 participate in this
proceeding,you are entitled,el no coat to you,to the provision of certain assistance. Please contact
the Cotter County Facilities Management Division,located at 3335 Tareami Trail East,Suite 101,
Naples,Florida 34112-5156,(239)2528380,at least two(2)days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the Round of County Commissioners Office.
I Ia
r4P4.1., DO BOUNDARY
imu
October 18,October a,November 01 and November 08,2016
Orangelloesom Hench Community Develoenent District
BOARD OF COUNTY COMMISSIONERS
COUJER COUNTY,FLORIDA
DONNA FIALA,CHAIR
DWIGHT E.BROCK,CLERK
October 18&25 and November 1&8,2016 No.1296685
Tuesday, 10/18/2016 Pag,A08
(c)Naples Daily News
111
10/26/2016 A:Main
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that the Collor County Board of County Commissioners(the"Board")
wi hold a public hearing on November 16, 2016, commencing at 900 a.m. in the Board of
County Commissioners Chambers,Third Floor,Collier County Gwarrvnent Center,3299 Tamiami
Trail,Naples,Florida.The pupate of the hearing is to consider the Establteament of a Community
Development District to be known as the Orange Blossom Ranch Correnuniy Development District
by Collier County Ordinance pursuant to Section 190.0055(2),Florida Statutes.
The proposed District is oomprieed of approximately 219.79 acres and located entirely within Collier
County,Florida,and generally located south of 1-75,north of Oil Hilall Road and east of Palmetto
Ridge High School,as depicted on the map below.
The proposed District,a special purpose government,is a way to provide infrastructure subject to
the regulatory requirements of both the State of Florida and Collier County governing any existing
or future lawful use and development of the land described below,and specifically governing the
planning,implementation,maintenance,and financing of basic community facilities.systems,and
services which may be required of any such development consistent with principles of concurrency,
comprehensive planning,and development permitting. 1
On August 5,2018,RP Orange Blossom Owner,LLC(the Petitioner"),filed its petition to establish
the proposed District((the"Pettiomf)to Calker County,along with the application-processing fee of
$15,000 for review by the Canty.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 relstiortatrp of the petition
to the six factors listed in Section 190.005(1Xe),Florida Statutes,and to determine whether Collier
County will establish the Orange Blossom Ranch Community Development District by adoption of
en ordinance.
A copy of the Petition and any of its documentation,inducting the statement of estimated regulatory
costs in accordance with the requirements of Section 210.541,Florida Statutes,is available for review
at the Office of the County Clerk,Colfier Casty,3299 Tamiami Trail East,Suite 401.Naples,Florida
and at the County Comprehensive Planning Section,2800 N.Horseshoe Drive,Naples,Florida.
All interested persons end affected units of general-purpose government shall be given an opportunity
to appear at the hearing and present oral or written comments on the Petition.
If a person decides to appeal ary decision made by the Board of Canty Commissioners with respect
to way matter considered at such meeting or hearing,he/she will need a record of that proceeding,
and for such purpose to ensure that a verbatim record of the proceedings is made,which record
includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding,you we entitled,at no cost to you,to the provision of certain assistance. Please contact
the Collier County Facilities Management Diviaion.located at 3335 Tamiami Trail East,Suite 101,
Naples,Florida 34112-5366,(239)252-8380,at least two GA days prior to the meeting. Assisted
listening devices for the hewing impaired we available in the Board of County Commissioners Office.
DD BOUNDARY
n.�r.a.g a ntii13
October 18,October 25,November 01 aid November 08,2018
Orange Blossom Ranch Community Development District
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY,FLORIDA
DONNA FlAI.A,CHAIR
DWIGHT E.BROCK,CLB K
October 18 Al 26 and November 1£8,2016 No.1298E+85
Tuesday, 10/25/2016 Pag.A14 (c)Naples Daily News
1/1
11/1/2016 A:Main
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that the Collier County Board of County Commissioners(the'Board")
will hold a public hearing on November 15,2016,commencing at 9:00 a.m. in the Board of
County Cornmissionens Chambers,Third Floor,Collier County Government Center,3299 Twniemmi
Trail,Naples,Florida.The purpose of the hearing is to consider the Establishment of a Community
Development District to be known as the Orange Blossom Ranch Community Development District
by Collier County Ordinance pursuant to Section 190.005(2),Fiance Statutes.
The proposed District is comprised of approximately 219.79 acres and located entirely within Collier
County,Florida,and generally located south of 1-75,north ofOil Well Road and east of Palmetto
Ridge High School,as depicted on the map below.
The proposed District,a special purpose government,is a way to provide infrastructure subject to
the regulatory requirements of both the State of Florida and Collier County governing any existing
or future lawful use and development of the land described below,and specifically governing the
planning,implementation,maintenance,and financing of basic community facilities,systems,arid
services which may be required of any such development consistent with principles of concurrency,
comprehensive planning,and development permitting.
On August 5,2018,RP Orange Blossom Owner,LW(the"Petitia:ner"),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.The Board's consideration of the Petition will comply with Sections
100.005(2)(b)and(c),Florida Statutes,as well as Sections 100,012(1)and 100.012(2)(a)and(d)in
conducting this hewing. The purpose of this hearing is to consider the relationship of the petition
to the six factors listed in Section 190.005(1Xe),Florida Statutes,and to determine whether Collier
County will establish the Orange Blossom Ranch Community Development District by adoption of
an ordinance.
A copy of the Petition and any of its documentation,including the statement of estimated regulatory
costs in accordance with the requirements of Section 210.541,Florida Statutes,is available for review
at the Office of the County Clerk,Collier County,3299 Tarriemi Trail East,Suite 401,Naples,Florida
and at the County Comprehensive Planning Section,2800 N.Horseshoe Drive,Naples,Honda.
All interested persona and affected units of general-purpose government shall be given 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 Conrnissioners with respect
to airy matter considered at such meeting or hearing,hetehe wi6 need a record of that proceeding,
and for such purpose to ensure that a verbatim record of the proceedings is made,which record
includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding,you are entitled,at no cost to you,to the provision of certain 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 aro available in the Board of County Commissioners Office.
DO BOUNDARY
a € 1
l >�
r
t
t!nf`,q;;w AELt
October 18,October 25,November 01 and November 08,2016
Orange Blossom Ranch Community Development District
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY,FLORIDA
DONNA FIALA,CHAIR
DWIGHT E.BROCK,CLERK
October 18&25 and November 1&8,2018 No.1206585
Tuesday, 11/01/2016 Pag.A08 (c)Naples Daily News
1/1
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that the Collier County Board of County Commissioners (the"Board'")
will hold a public hearing on November 15, 2046, commencing at 9:00 a.m. in the Board of
County Commissioners Chambers,Third Floor,Collier County Government Center, 3299 Tamiami
Trail,Naples.Florida,The purpose of the hearing is to consider the Establishment of a Community
Development District to be known as the Orange Blossom Ranch Community Development District
by Collier County Ordinance pursuant to Section 190.005(2),Florida Statutes.
The proposed District is comprised of approximately 219.79 acres and located entirely within Collier
County, Florida, and generally located south of 1-75, north of Oil Well Road and east of Palmetto
Ridge High School,as depicted on the map below.
The proposed District.a special purpose government,is a way to provide infrastructure subject to
the regulatory requirements of both the State of Florida and Collier County governing any existing
or future lawful use and development of the land described below,and specifically governing the
planning,implementation,maintenance,and financing of basic community facilities,systems,and
services which may be required of any such development consistent with principles of concurrency,
comprehensive planning,and development permitting.
On August 5,2016,RP Orange Blossom Owner,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, The Board's consideration of the Petition wit/comply with Sections
rn
190.005(2)(b)and(c).Florida Statutes,as well as Sections 190.012(1)and 190.012(21(a)and(d)in
o. conducting this hearing. The purpose of this hearing is to consider the relationship of the petition
to the six factors listed in Section 190.005(1)(e), Florida Statutes,and to determine whether Collier
Z County will establish the Orange Blossom Ranch Community Development District by adoption of
an ordinance.
3 A copy of the Petition and any of its documentation,including the statement of estimated regulatory
costs in accordance with the requirements of Section 210.541,Florida Statutes,is available for review
w 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 N.Horseshoe Drive,Naples,Florida.
0
All interested persons and affected units of general-purpose government shalt be given an opportunity
z to appear at the hearing and present oral or written comments on the Petition.
Go
If a person decides to appeal any decision made by the Board of County Commissioners with respect
to any matter considered at such meeting or hearing,he/she will need a record of that proceeding,
and for such purpose to ensure that a verbatim record of the proceedings is made,which record
includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
A proceeding,you are entitled,at no cost to you,to the provision of certain 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.
3 a Ali
CDD BOUNDARY
ie
COUNTY RD S 8587014 WELL TO
October 18,October 25,November 01 and November 08,2016
Orange Blossom Ranch Community Development District
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
DONNA FIALA.CHAIR
DWIGHT E.BROCK,CLERK
October 18&25 and November 1&8,2016 No.1296585