Loading...
Resolution 2019-049/CWS 2019-02 RESOLUTION NO. 2019-49/CWS RESOLUTION NO. 2019-02 A RESOLUTION SUPPLEMENTING RESOLUTION NO. CWS-85-13 IN CERTAIN RESPECTS, WHICH RESOLUTION NO. CWS-85-13, AMONG OTHER THINGS, RESTATED RESOLUTION NO. CWS-85-5 IN ITS ENTIRETY AND AUTHORIZED THE ISSUANCE BY THE COLLIER COUNTY WATER-SEWER DISTRICT OF WATER AND SEWER REVENUE BONDS FROM TIME TO TIME; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $85,000,000 AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY WATER-SEWER DISTRICT WATER AND SEWER REVENUE BONDS, SERIES 2019 IN ORDER TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF VARIOUS UTILITY CAPITAL IMPROVEMENTS WITHIN THE NORTHEAST AREA OF COLLIER COUNTY; MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT TO SAID BONDS; AUTHORIZING THE AWARDING OF SAID BONDS PURSUANT TO A PUBLIC BID; DELEGATING CERTAIN AUTHORITY TO THE COUNTY MANAGER FOR THE AWARD OF THE BONDS AND THE APPROVAL OF THE TERMS AND DETAILS OF SAID BONDS; AUTHORIZING THE PUBLICATION OF A NOTICE OF SALE FOR THE BONDS OR A SUMMARY THEREOF; AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT WITH RESPECT THERETO; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; ESTABLISHING A BOOK-ENTRY SYSTEM OF REGISTRATION FOR THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT: SECTION 1. FINDINGS. It is hereby found and determined that: (A) On July 30, 1985, the Board of County Commissioners of Collier County, Florida, acting as the ex-officio governing board (the "Governing Body") of the Collier County Water-Sewer District (the "Issuer") duly adopted Resolution No. CWS-85-5, as amended and restated by Resolution No. CWS-85-13 duly adopted on December 26, 1985, as amended and supplemented (collectively, the "Resolution"), for the purposes described therein. (B) There are currently Outstanding (as defined in the Resolution) under the Resolution the Issuer's Water and Sewer Refunding Revenue Bond, Series 2013, Water and Sewer Refunding Revenue Bond, Series 2015, Water and Sewer Refunding Revenue Bonds, Series 2016 and Water and Sewer Revenue Bond, Series 2018 (collectively, the "Outstanding Parity Bonds"). (C) There are various utility capital improvements required to be made within the northeast area of Collier County,Florida(the"County")in order to maintain and protect the health, safety and welfare of the citizens of the County, which capital improvements are generally described in Exhibit A attached hereto and more particularly described in the plans and specifications on file with the Issuer, as the same may be amended and supplemented from time to time (collectively, the "Project"). (D) The Resolution provides for the issuance of Additional Bonds (as defined in the Resolution)payable on parity under the Resolution with the Outstanding Parity Bonds for the purpose of financing costs of the Project, upon meeting certain requirements set forth in the Resolution. (E) The Issuer deems it to be in its best interest to issue its Collier County Water- Sewer District Water and Sewer Revenue Bonds, Series 2019 (the "Series 2019 Bonds") for the principal purpose of financing costs of the Project, which Series 2019 Bonds shall be issued on parity with the Outstanding Parity Bonds, all in accordance with and pursuant to the terms of the Resolution. (F) In accordance with Section 218.385, Florida Statutes, and pursuant to this Supplemental Resolution (as defined in the Resolution), the Series 2019 Bonds shall be advertised for competitive bids pursuant to the Official Notice of Sale, the form of which is attached hereto as Exhibit B (the "Official Notice of Sale"). (G) Pursuant to the Official Notice of Sale, any competitive bids received in accordance with the Official Notice of Sale on or prior to the time and date determined by the County Manager upon the advice of the Issuer's financial advisor, PFM Financial Advisors LLC (the "Financial Advisor"), in accordance with the terms and provisions of the Official Notice of Sale, shall be publicly opened and announced. 2 (H) It is desirable for the Issuer to be able to advertise and award the Series 2019 Bonds at the most advantageous time and date which shall be determined by the County Manager upon the advice of the Financial Advisor; and, accordingly, the Issuer hereby determines to delegate the advertising and awarding of the Series 2019 Bonds to the County Manager within the parameters described herein. (I) It is necessary and appropriate that the Governing Body determine certain parameters for the terms and details of the Series 2019 Bonds and to delegate certain authority to the County Manager for the award of the Series 2019 Bonds and the approval of the terms of the Series 2019 Bonds in accordance with the provisions hereof, of the Resolution and of the Official Notice of Sale. (J) In the event Bond Counsel to the Issuer shall determine that the Series 2019 Bonds have not been awarded competitively in accordance with the provisions of Section 281.385,Florida Statutes, the Governing Body shall adopt such resolutions and make such findings as shall be necessary to authorize and ratify a negotiated sale of the Series 2019 Bonds in accordance with said Section 218.385, Florida Statutes. (K) The Issuer hereby certifies that it is current in all deposits into the various funds and accounts established by the Resolution and all payments theretofore required to have been deposited or made by the Issuer under the provisions of the Resolution have been deposited or made and the Issuer has complied with the covenants and agreements of the Resolution and is not currently in default under the Resolution. (L) The Resolution provides that the Series 2019 Bonds shall mature on such dates and in such amounts, shall bear such rates of interest, shall be payable in such places and shall be subject to such redemption provisions as shall be determined by Supplemental Resolution adopted by the Issuer; and it is now appropriate that the Issuer set forth the parameters and mechanism to determine such terms and details. (M) The Series 2019 Bonds shall not be or constitute general obligations or indebtedness of the Issuer as "bonds" within the meaning of any constitutional or statutory provision but shall be special obligations of the Issuer, payable solely from and secured by a lien upon and pledge of the Pledged Funds (as defined in the Resolution), in the manner and to the extent provided in the Resolution. (N) The covenants, pledges and conditions in the Resolution shall be applicable to the Series 2019 Bonds herein authorized and said Series 2019 Bonds shall be on parity with and rank equally as to the lien on and source and security for payment from the Pledged Funds and in all other respects with the Outstanding Parity Bonds, and shall constitute "Bonds" within the meaning of the Resolution. 3 SECTION 2. DEFINITIONS. When used in this Resolution, the terms defined in the Resolution shall have the meanings therein stated, except as such definitions may be hereinafter amended or defined. SECTION 3. AUTHORITY FOR THIS SUPPLEMENTAL RESOLUTION; AUTHORIZATION OF FINANCING OF THE PROJECT. This Supplemental Resolution is adopted pursuant to the provisions of the Act and the Resolution. The Issuer hereby authorizes the financing of Costs of the acquisition, construction and equipping of the Project. SECTION 4. DESCRIPTION OF THE SERIES 2019 BONDS. The Issuer hereby authorizes the issuance of a Series of Bonds in the aggregate principal amount of not exceeding $85,000,000 to be known as the "Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2019" (or such other series designation as the County Manager may determine), for the principal purpose of financing Costs of the Project. The aggregate principal amount of the Series 2019 Bonds to be issued pursuant to the Resolution shall be determined by the County Manager provided such aggregate principal amount does not exceed $85,000,000. The Series 2019 Bonds shall be dated as of their date of delivery or such other date as the County Manager may determine, shall be issued in the form of fully registered Bonds in denominations of$5,000 or any integral multiple thereof, shall be numbered consecutively from one upward in order of maturity preceded by the letter "R", shall bear interest from the dated date determined therefor, payable semi-annually, on July 1 and January 1 of each year (the "Interest Dates"), commencing on July 1, 2019, or such other dates as may be determined by the County Manager. Interest on the Series 2019 Bonds shall be payable by check or draft of TD Bank, N.A., Cherry Hill, New Jersey, as Paying Agent (the "Paying Agent"), made payable and mailed to the Holder in whose name such Series 2019 Bonds shall be registered at the close of business on the date which shall be the fifteenth day(whether or not a business day) of the calendar month next preceding the applicable Interest Date, or, at the request of such Holder, by bank wire transfer to the account of such Holder. Principal of or Redemption Price, if applicable, on the Series 2019 Bonds is payable to the Holder when due by check, draft or bank wire transfer. The principal of, Redemption Price, if applicable, and interest on the Series 2019 Bonds are payable in lawful money of the United States of America. Interest shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. The Series 2019 Bonds shall bear interest at such rates and yields, shall mature on July 1 of each of the years and in the principal amounts corresponding to such years, and shall have such redemption provisions as determined by the County Manager subject to the conditions set forth in Sections 4, 5 and 6 hereof and the provisions of the Official Notice of Sale. The final maturity of the Series 2019 Bonds shall not be later than July 1, 2039. All of the terms of the Series 2019 Bonds will be included in a certificate to be executed 4 by the County Manager, or his designee, following the award of the Series 2019 Bonds (the"Award Certificate") and shall be set forth in the final Official Statement, as described herein. SECTION 5. AWARD OF SERIES 2019 BONDS. The County Manager, on behalf of the Issuer and only in accordance with the terms hereof and of the Official Notice of Sale, shall award the Series 2019 Bonds to the underwriter or underwriters (the "Underwriters") that submit a bid proposal which complies in all respects with the Resolution, this Supplemental Resolution and the Official Notice of Sale and offers to purchase the Series 2019 Bonds at the lowest true interest cost to the Issuer, as calculated by the Issuer's Financial Advisor in accordance with the terms and provisions of the Official Notice of Sale; provided, however, the Series 2019 Bonds shall not be awarded to any bidder unless the net interest cost with respect to the Series 2019 Bonds (as calculated by the Issuer's Financial Advisor) is equal to or less than 5.00%. In accordance with the provisions of the Official Notice of Sale, the County Manager may, in his sole discretion, reject any and all bids. SECTION 6. REDEMPTION PROVISIONS FOR SERIES 2019 BONDS. The Series 2019 Bonds may be redeemed prior to their respective maturities from any moneys legally available therefor, upon notice as provided in the Resolution, upon the terms and provisions as determined by the County Manager, in his discretion and upon the advice of the Financial Advisor; provided, however, with respect to optional redemption terms for the Series 2019 Bonds, if any, the first optional redemption date may be no later than July 1, 2029 and there shall be no call premium relating to any redemption. Terms Bonds may be established in accordance with the provisions of the Official Notice of Sale. The redemption provisions for the Series 2019 Bonds, if any, shall be set forth in the Award Certificate and in the final Official Statement. Notwithstanding the foregoing, the County Manager,upon the advice of the Financial Advisor, may determine to issue the Series 2019 Bonds without any optional redemption provisions. SECTION 7. FULL BOOK-ENTRY. Notwithstanding the provisions set forth in Section 2.08 of the Resolution, the Series 2019 Bonds shall be initially issued in the form of a separate single certificated fully registered Series 2019 Bond for each of the maturities of the Series 2019 Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the registration books kept by the Registrar in the name of Cede &Co.,as nominee of The Depository Trust Company("DTC"). As long as the Series 2019 Bonds are registered in the name of Cede&Co., all of the Outstanding Series 2019 Bonds shall be registered in the registration books kept by the Registrar in the name of Cede & Co., all payments of principal on the Series 2019 Bonds shall be made by the Paying Agent by check or draft or by bank wire transfer to Cede & Co., as Holder of the Series 2019 Bonds, upon presentation of the Series 2019 Bonds to be paid, to the Paying Agent. With respect to Series 2019 Bonds registered in the registration books kept by the Registrar in the name of Cede& Co., as nominee of DTC, the Issuer, the Registrar and the 5 Paying Agent shall have no responsibility or obligation to any direct or indirect participant in the DTC book-entry program (the "Participants"). Without limiting the immediately preceding sentence, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation with respect to (A) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest on the Series 2019 Bonds, (B) the delivery to any Participant or any other Person other than a Bondholder, as shown in the registration books kept by the Registrar, of any notice with respect to the Series 2019 Bonds, including any notice of redemption, or (C) the payment to any Participant or any other Person, other than a Bondholder, as shown in the registration books kept by the Registrar, of any amount with respect to principal of, Redemption Price, if any, or interest on the Series 2019 Bonds. The Issuer, the Registrar and the Paying Agent may treat and consider the Person in whose name each Series 2019 Bond is registered in the registration books kept by the Registrar as the Holder and absolute owner of such Bond for the purpose of payment of principal, Redemption Price, if any, and interest with respect to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of, Redemption Price, if any, and interest on the Series 2019 Bonds only to or upon the order of the respective Holders, as shown in the registration books kept by the Registrar, or their respective attorneys duly authorized in writing, as provided herein and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of, Redemption Price, if any, and interest on the Series 2019 Bonds to the extent of the sum or sums so paid. No Person other than a Holder, as shown in the registration books kept by the Registrar, shall receive a certificated Bond evidencing the obligation of the Issuer to make payments of principal, Redemption Price, if any, and interest pursuant to the provisions of the Resolution. Upon delivery by DTC to the Issuer of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in the Resolution with respect to transfers during the 15 days next preceding an Interest Date or first mailing of notice of redemption, the words "Cede & Co." in this Supplemental Resolution shall refer to such new nominee of DTC; and upon receipt of such notice, the Issuer shall promptly deliver a copy of the same to the Registrar and the Paying Agent. Upon (A) receipt by the Issuer of written notice from DTC (i) to the effect that a continuation of the requirement that all of the outstanding Series 2019 Bonds be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, is not in the best interest of the beneficial owners of the Series 2019 Bonds or(ii)to the effect that DTC is unable or unwilling to discharge its responsibilities and no substitute depository willing to undertake the functions of DTC hereunder can be found which is willing and able to undertake such functions upon reasonable and customary terms, or(B) determination by the Issuer that such book-entry only system is burdensome or undesirable to the Issuer and compliance by the Issuer with all applicable policies and procedures of DTC regarding discontinuing the book-entry only registration system, the Series 2019 6 Bonds shall no longer be restricted to being registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names Holders shall designate, in accordance with the provisions of the Resolution. In such event, the Issuer shall issue and the Registrar shall authenticate, transfer and exchange the Series 2019 Bonds of like principal amount and maturity, in denominations of $5,000 or any integral multiple thereof to the Holders thereof. The foregoing notwithstanding, until such time as participation in the book-entry only system is discontinued, the provisions set forth in the Blanket Issuer Letter of Representations previously executed by the Issuer and delivered to DTC shall apply to the payment of principal of, premium, if any, and interest on the Series 2019 Bonds. SECTION 8. APPLICATION OF SERIES 2019 BOND PROCEEDS. The proceeds derived from the sale of the Series 2019 Bonds shall be applied by the Issuer as follows: (A) A sufficient amount of the Series 2019 Bond proceeds shall be deposited in the "2019 Project Account" of the Construction Fund, which 2019 Project Account is hereby established. Such proceeds shall be used to pay Costs of the Project and the 2019 Project Account shall be administered in accordance with the provisions of Section 4.03 of the Resolution. (B) A sufficient amount of the Series 2019 Bond proceeds shall be deposited to the Reserve Account to cause the amount on deposit therein to equal the Reserve Account Requirement for all Outstanding Parity Bonds, including the Series 2019 Bonds. (C) A sufficient amount of the Series 2019 Bond proceeds shall be applied to the payment of costs and expenses relating to the issuance of the Series 2019 Bonds. Any Series 2019 Bond Proceeds that remain after all costs of issuance have been paid shall be transferred to the 2019 Project Account. SECTION 9. PRELIMINARY OFFICIAL STATEMENT. The Issuer hereby authorizes the distribution and use of the Preliminary Official Statement in substantially the form attached hereto as Exhibit C in connection with the offering of the Series 2019 Bonds for sale. If between the date hereof and the mailing of the Preliminary Official Statement, it is necessary to make insertions, modifications or changes in the Preliminary Official Statement, the Chairman and the County Manager are each hereby authorized to approve such insertions, changes and modifications. The Chairman and the County Manager are each hereby authorized to deem the Preliminary Official Statement "final" within the meaning of Rule 15c2-12(b)(1) under the Securities Exchange Act of 1934 in the form as mailed. Execution of a certificate by the Chairman or the County Manager deeming the Preliminary Official Statement "final" as described above shall be conclusive evidence of the approval of any insertions, changes or modifications. 7 SECTION 10. OFFICIAL STATEMENT. The form, terms and provisions of the Official Statement relating to the Series 2019 Bonds shall be substantially as set forth in the Preliminary Official Statement and shall include all of the specific financial terms of the Series 2019 Bonds. Subject in all respects to the award of the Series 2019 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale, the Chairman is hereby authorized and directed to execute and deliver said Official Statement in the name and on behalf of the Issuer, and thereupon to cause such Official Statement to be delivered to the Underwriters with such changes,amendments,modifications,omissions and additions as may be approved by the Chairman. Said Official Statement, including any such changes, amendments,modifications, omissions and additions as approved by the Chairman and the information contained therein are hereby authorized to be used in connection with the sale of the Series 2019 Bonds to the public. Execution by the Chairman of the Official Statement shall be deemed to be conclusive evidence of approval of such changes. SECTION 11. OFFICIAL NOTICE OF SALE. The form of the Official Notice of Sale attached hereto as Exhibit B and the terms and provisions thereof are hereby authorized and approved. The County Manager is hereby authorized to make such changes, insertions and modifications as he shall deem necessary prior to the advertisement of such Official Notice of Sale or a summary thereof. The County Manager is hereby authorized to cause the advertisement and publication of the Official Notice of Sale or a summary thereof at such time as he shall deem necessary and appropriate, upon the advice of the Issuer's Financial Advisor, to accomplish the competitive sale of the Series 2019 Bonds. SECTION 12. APPOINTMENT OF PAYING AGENT AND REGISTRAR. Subject in all respects to the award of the Series 2019 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale, TD Bank,N.A., Cherry Hill, New Jersey, is hereby designated Registrar and Paying Agent for the Series 2019 Bonds. The Chairman and/or the Clerk are hereby authorized to enter into any agreement which may be necessary to effect the transactions contemplated by this Section 12 and by the Resolution. SECTION 13. SECONDARY MARKET DISCLOSURE. Subject in all respects to the award of the Series 2019 Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale, the Issuer hereby covenants and agrees that, in order to provide for compliance by the Issuer with the secondary market disclosure requirements of Rule 15c2-12 of the Securities and Exchange Commission(the "Rule"), it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate to be executed by the Issuer and dated the date of delivery of the Series 2019 Bonds, as it may be amended from time to time in accordance with the terms thereof. The Continuing Disclosure Certificate shall be substantially in the form attached hereto as Exhibit D with such changes,amendments,modifications, omissions and additions as shall be approved by the Chairman who is hereby authorized to execute and deliver such 8 Certificate. Notwithstanding any other provision of the Resolution, failure of the Issuer to comply with such Continuing Disclosure Certificate shall not be considered an Event of Default under the Resolution; provided, however, any Series 2019 Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Section 13 and the Continuing Disclosure Certificate. For purposes of this Section 13, "Series 2019 Bondholder" shall mean any Person who (A) has the power, directly or indirectly,to vote or consent with respect to, or to dispose of ownership of,any Series 2019 Bonds (including persons holding Series 2019 Bonds through nominees, depositories or other intermediaries), or (B) is treated as the owner of any Series 2019 Bonds for federal income tax purposes. SECTION 14. GENERAL AUTHORITY. The members of the Governing Body, the County Manager, the Clerk and the officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Supplemental Resolution, the Resolution, the Official Notice of Sale, the Official Statement, the Escrow Deposit Agreement or the Continuing Disclosure Certificate or desirable or consistent with the requirements hereof or the Resolution, the Official Notice of Sale, the Official Statement, the Escrow Deposit Agreement or the Continuing Disclosure Certificate for the full punctual and complete performance of all the terms, covenants and agreements contained herein or in the Series 2019 Bonds, the Resolution, the Official Notice of Sale,the Official Statement, the Escrow Deposit Agreement and the Continuing Disclosure Certificate and each member, employee, attorney and officer of the Issuer or the Governing Body and the Clerk is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. If the County Manager is unavailable or unable at any time to perform any duties or functions hereunder, including but not limited to those described in Sections 4, 5 and 6 hereof, the Chairman is hereby authorized to act on his behalf. Bond Counsel and the Issuer's Financial Advisor are hereby authorized and directed to take all action necessary and desirable to carry-out the intent and purposes of this Supplemental Resolution. SECTION 15. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid,then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Series 2019 Bonds. 9 SECTION 16. RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Resolution and all the terms and provisions thereof are and shall remain in full force and effect. SECTION 17. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately upon its adoption. DULY ADOPTED this 12th day of March, 2019. BOARD OF COUNTY COMMISSIONERS OF. COLLIER COUNTY, FLORIDA, AS " THE EX-OFFICIO CHAIRMAN OF ,THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ";1:,7 Wi iam L. • I .niel, Jr., Chairman ATTEST: & ,,. rys al KK..Kinz ;.clerk Attest as to Chairman s sig ttir o, y Approved a� o fo nd legal sufficiency: Jeffrey A. q. yi, ow, County Attorney i LIY i 10 EXHIBIT A GENERAL DESCRIPTION OF THE PROJECT Pipes The expansion of the northeast utility infrastructure includes construction of potable water transmission mains, wastewater collection force mains and irrigation water transmission mains in five segments to be completed by the end of calendar 2020: Segment 1: a potable water transmission main, wastewater collection force main and irrigation water main along 39th Avenue from Immokalee Road to the Big Corkscrew Island Regional Park(BCIRP),connecting with existing mains on Immokalee Road and 39th Ave. • Segment 2: continuation of the segment 1 pipes through the BCIRP to the northeast utility site, with the addition of potable water mains, wastewater force mains and irrigation water mains within the BCIRP to provide utility services to the park. • Segments 4 and 5: water transmission mains,wastewater collection force mains and irrigation water transmission mains north from the utility site along 20th Street NE, 47th Avenue NE and 16th Street NE to serve the Immokalee Road Rural Village; north along Everglades Boulevard to serve Hogan Island Village,and east along 41" Avenue NW to serve Hyde Park Village and Collier Village. Treatment, Storage and Pumping Facilities Expansion of the utility vertical facilities necessary to provide potable water, wastewater and irrigation water production and treatment at the CCWSD owned northeast utility site included in Segment 3 of the design/build project are: • A 7.5 MG potable water storage tank, high service pump and chemical booster station(in advance of a permanent regional potable water treatment plant anticipated to be online by 2028). • Two interim 0.75 MGD wastewater treatment package plants, with discharge of effluent to Rapid Infiltration Basins (RIBs) (in advance of a regional wastewater treatment plant anticipated to be online by 2025). • An irrigation water storage tank, high service pump station and chemical treatment facility. Long lead time pipes necessary to complete construction within the BCIRP are in order to complete underground utility infrastructure prior to construction of the park itself. EXHIBIT B FORM OF OFFICIAL NOTICE OF SALE EXHIBIT C FORM OF PRELIMINARY OFFICIAL STATEMENT EXHIBIT D FORM OF CONTINUING DISCLOSURE CERTIFICATE