Ordinance 2006-17ORDINANCE 2006 - 17
ORDINANCE OF THE BOARD OF COUNTY
MMISSIONERS OF COLLIER COUNTY, FLORIDA,
CABLISHING COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT; DESCRIBING THE
EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING
THE INITIAL MEMBERS OF THE DISTRICT'S BOARD
OF SUPERVISORS; NAMING THE DISTRICT;
PROVIDING 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.
Recitals
WHEREAS, Colonial Homes, Inc., has petitioned the Board of County Commissioners
(Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT (District); and
WHEREAS, the Board, 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. 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.
6. The area that will be served by the District is amenable to separate special- district
government; and
WHEREAS, Petitioner has committed to the Board 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 (these commitments shall hereinafter be collectively referred to as "Petitioner's
Commitments "); and
WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
Page 1 of 4
C_:7
WHEREAS, Colonial Homes, Inc., has petitioned the Board of County Commissioners
(Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT (District); and
WHEREAS, the Board, 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. 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.
6. The area that will be served by the District is amenable to separate special- district
government; and
WHEREAS, Petitioner has committed to the Board 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 (these commitments shall hereinafter be collectively referred to as "Petitioner's
Commitments "); and
WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
Page 1 of 4
ensure that neither the establishment nor operation of such district is a development order under
Chapter 380, Florida Statutes, and that the district so established does not have any zoning or
permitting powers governing development; and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general - purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek 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.
SECTION TWO: ESTABLISHMENT OF THE COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT.
The Copper Cove 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. Anthony Persichilli
12631 West Links Drive, Ste. 7
Ft. Myers, Florida 33913
2. Edwin F. Weidig III
12631 West Links Drive, Ste. 7
Ft. Myers, Florida 33913
5. Anthony J. Burdett
12631 West Links Drive, Ste. 7
Ft. Myers, Florida 33913
3. Jean M. Webb
12631 West Links Drive, Ste. 7
Ft. Myers, Florida 33913
4. Kristine A. Turznik
12631 West Links Drive, Ste. 7
Ft. Myers, Florida 33913
Page 2 of 4
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Copper Cove Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Copper Cove Community Development District shall be governed by the provisions
of Chapter 190, Florida Statutes, and all other applicable general and local law.
SECTION SIX: CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Copper Cove Community Development
District will be duly and legally authorized to exist and exercise all of its general powers as
limited by law; and has the right to seek consent from the Collier County Board of County
Commissioners for the grant of authority to exercise special powers in accordance with Section
190.012(2), Florida Statutes, without question as to the district's continued right, authority and
power to exercise its general powers as established by this Ordinance. The District Board's
authority to exercise special powers may include the power to plan, establish, acquire, construct
or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities
for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational uses;
and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion- detection systems, and patrol cars, when authorized by proper governmental agencies;
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; all as authorized and described by Section 190.012(2), Florida Statutes.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing Recital setting forth Petitioner's Commitments, re- stated as follows: that the
Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
and remedies available at law and in equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns.
SECTION EIGHT: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
Page 3 of 4
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 cedayof A t'i , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
By. L aO .ne
eputy Clerk
R4tKt' , hr -too :Cris i roan s
s i grid ^ on]
Approved as to form
and egal stKlk
Jeffr A. Assi tant rney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Frank Halas, Chairman
Page 4 of 4
This ordinance filed with the
Sec etary of State's Office the
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PETITION FOR ESTABLISHMENT
COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT
911,111w(Zle■s
" R7 .
JAMES P. WARD
January 11, 2006
Mr. David Weeks
GMP Planning Manager
Community Development Services
2800 North Horseshoe Drive 34112
Naples, Florida
134 NORTHEAST 18`" TERRACE
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE (954) 858 -4900
E -MAIL; WARD9490(MCOMCAST.NET
Subject: Petition for Establishment of a Chapter 190
Community Development District
Copper Cove Community Development District
Dear Mr. Weeks:
On behalf of Colonial Homes, Inc. I am please to submit to Collier County the Petition for Establishment
of the Copper Cove Community Development District.
Enclosed is one original Petition and fourteen (14) copies of the Petition.
I look forward to working with you on this Petition and will contact your Office within the next week to
follow up on the Petition. If you have any questions, please let me know. I can be contacted as noted
in this letter.
Sincerely,
-11"4911
James P. Ward
enclosure
PETITION FOR THE ESTABLISHMENT BY COLLIER
COUNTY ORDINANCE OF A COMMUNITY
DEVELOPMENT DISTRICT ON PROPERTY PROPOSED
IN THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
TABLE OF CONTENTS
Letter of Transmittal
Petition for Establishment of the Copper Cove Community
Development District
Exhibit Number Description of Exhibit
1. Map showing the location of the land area proposed to be
serviced by the District.
2. Metes and Bounds Legal Description of the Proposed Copper Cove
Community Development District.
3. Written Consent to the Establishment of the District by the owners
of one hundred percent (100 %) of the real property to be
included in the proposed.
4. Proposed timetable and the estimated related costs of
construction and provision of District systems, facilities and
services.
5. Map of the land area proposed for the District, showing current
major trunk water mains, sewer interceptors, utilities and outfalls.
6. A. Copy of the Urban Mixed Use Residential designation as set
forth in the text of the future Land use element of the Collier
County Comprehensive Plan (2005 Plan). B. Future Land Use
Map.
7. Statement of Estimated Regulatory Costs (SERC)
8. Discussion by qualified professionals of the six factors for the
establishment of the District on the proposed property. Two
Exhibits 8 -A Planning Considerations and 8 -B Engineering
Considerations.
9. Acknowledgement — Collier County Water Sewer District.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA
STATUTES TO ESTABLISH ON PROPERTY PROPOSED IN THE PETITION OF
THE COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
PETITION FOR THE ESTABLISHMENT BY
COUNTY ORDINANCE OF A COMMUNITY
DEVELOPMENT DISTRICT ON PROPERTY
PROPOSED IN THE PETITION
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINANCE OF A
COMMUNITY DEVELOPMENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
Petitioner, Colonial Homes, Inc. by and through its undersigned agent, petitions the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the
`
Commission 1, to adopt an ordinance; establishing, on the proposed property, and
recognizing, the community development district (the "District', created and chartered
by Uniform General Law, the Uniform Community Development District Act of Florida,
Chapter 190, F.S., (2005 and hereafter); acknowledging the uniform district charter
expressed in Sections 190.006 through 190.041, Florida Statutes (F.S.); establishing the
District (on the property proposed in this petition) and designating the initial members
of the district Board of Supervisors; and, designating the proposed land area within
which the District may manage and finance its basic infrastructure, systems, facilities,
services, improvements and projects. In support whereof Petitioner submits;
1. Petitioner, Colonial Homes, Inc. has its principal place of business at 2000
Interstate Park Drive, Suite 400, Montgomery, Alabama 36104 and is a
Corporation and Alan S. Farrior is its President.
2. The land area to be serviced by the District is located wholly in
unincorporated Collier County. The proposed District is bounded on the
South and East by Fiddler's Creek, on the West by Pelican Lakes RV and
Silver Lakes RV Resorts and on the North by Quail Roost Development. A
map showing the location of the land area to be serviced by the District is
attached as Exhibit 1 -A and an Aerial Map is attached as Exhibit 1 -B.
3. A metes and bounds legal description of the proposed external boundaries of
the District is attached as Exhibit 2. There is no real property within the
proposed boundaries of the District which is to be excluded from the
jurisdiction of the District.
4. Attached as Exhibit 3 is documentation constituting written consent to the
establishment of the District by the owners of one hundred percent (100 %)
of the real property to be included in the land area proposed to be serviced
by the District.
5. The five (5) persons designated to serve as the initial member of the Board
of Supervisors of the District, who are citizens of the United States residents
of the State of Florida and who shall serve in that office until replaced by
elected members as provided in Section 190.006, F.S., are:
a. Anthony Persichilli — 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
2
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINANCE OF A
COMMUNITY DEVELOPMENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
b. Edwin F. Weidig III — 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
c. Jean M. Webb — 12631 West Links Drive, Suite 7, Ft. Myers, Florida
33913
d. Kristine A. Turznik — 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
e. Anthony J. Burdett — 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
6. The proposed name of the District is the "Copper Cove Community
Development District."
7. A map of the land area proposed for the establishment by ordinance of the
state created and chartered District, showing current major trunk water
mains, sewer interceptors, utilities and outfalls, if any, is attached as Exhibit
4.
8. The proposed timetable and the estimated related costs of construction and
provision of District systems, facilities and services (which are contemplated
by Petitioner to be proposed to the District Board of Supervisors, if the
District is established), and based upon available data which are subject to
change, is attached as Exhibit 5.
9. Collier County (the "County') has adopted all mandatory elements of its
Local Government Comprehensive Plan (the "Plan') in accordance with the
requirements of Chapter 163, F.S., and Collier County has completed its
revised plan for minimum criterion review pursuant to Chapter 93-5, Florida
Administrative Code, by adoption of County Ordinance No. 05 -25 (the "2005
Plan', as amended. All current County Ordinances designate the legal
description of the land area proposed to be serviced by the District as Urban
Mixed Use Residential. A copy of the entire Collier County Comprehensive
Plan, as amended, is within the possession of Collier County and its staff and
a copy of the Urban Mixed Use District Designation is attached as Exhibit 6 -A
and the Future Land Use Map of the Plan is attached as Exhibit 6 -B.
10. A Statement of Estimated Regulatory Costs (the "SERC'� of the
Commission's granting this Petition, and the establishment by County
Commission Ordinance on the property proposed in the petition of the state
uniform and exclusive created and chartered District pursuant thereto, in
V,
J
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINANCE OF A
COMMUNITY DEVELOPMENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
accordance and in compliance with Sections 190.005(1)(a)(8) and 120.541,
F.S., is attached as Exhibit 7.
11. Petitioner attaches, as Exhibit 8 to this Petition, discussions by qualified
professionals providing information for use by Collier County and its staff in
consideration of the six factors for the establishment of the District on the
proposed property, and in support of the Commission granting this Petition,
and as additional materials in support of the statements in this Petition,
alleges (with the sequence discussed logically with factor No. 4 considered
last):
a. The Petition hereby affirms that all of the statements contained
herein are true and correct, in compliance with Sections
190.005(2)(a), F.S., 190.005(1)(e)1., F.S. (See Exhibit 8).
b. As according to the Future Land Use element of the Plan, the future
land use designation for the land area proposed to be included in the
District is suburban. (See Exhibit 8). The District, if established on
the proposed property is consistent with the policies under the
suburban future land use category of the Plan, and its specific
policies.
The land area proposed to be included within the state - created and
chartered District is comprised of approximately 101.50 contiguous
acres which are of sufficient size, sufficiently compact and contiguous
sufficiently to be developable as one functional, interrelated
community as discussed in Exhibit 8. See Section 190.005(2)(a),
F.S., 190.005(1)(e),F.S..
d. The community development systems, facilities and services to be
provided by the District on the proposed property will supplement,
and will not in any way be incompatible with, existing roads and
other local and regional community development systems, facilities
and services on the proposed property. This matter is described
further in Exhibit 8. See S 190.005(2)(a), F.S., 190.005(1)(e)5.,F.S..
e. The area proposed to be served by the District is amenable to
separate special district government in the light of the information to
be considered regarding the other factors. This matter is described
further in Exhibit 8. See Section 190.005(2)(a), F.S., 190.005(1)(e)6,
F.S..
f. Because the information in the Petition is true and correct; because
establishment is not inconsistent with applicable local or state
comprehensive plans; because the land area is of sufficient size and
4
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINANCE OF A
COMMUNITY DEVELOPMENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
compactness, and is contiguous sufficiently, to be developable as one
functional interrelated community; because the systems, facilities and
services of the District will not be incompatible with the capacity and
uses of existing local and regional community development systems,
facilities and services; because the land area proposed to be served
by the District is amenable to separate special district government;
and because, if established on the proposed property, following the
procedures in S 190.005(2), F.S., the District will constitute under
Section 190.002(1)(b), F.S. a mechanism for the timely, efficient,
effective, responsive and economic delivery of its systems, facilities
and services to the proposed property in light of the services,
systems and facilities which would be provided otherwise as
discussed in more detail in Exhibit 8. See Section 190.005(2)(a), F.S.,
190.005(1)(e)4, F.S.
12. Petitioner hereby requests the consent of the County, as provided by Section
190.012(2), F.S., to exercise the following powers granted to it therein, and
specifically in Section 190.012(2)(a)(d), F.S. by the general law charter
including parks and facilities for indoor and outdoor recreational, cultural,
and educational uses along with Security and related facilities.
13. Petitioner acknowledges certain legal and policy points regarding the Collier
County Water -Sewer District and related matters, as set forth in the official
Acknowledgment attached to the Petition as Exhibit 9, and incorporated
herein.
WHEREFORE, Petitioner requests respectfully the Commission to:
a) Direct its staff to notice, as soon as practicable, a local, public, non -
emergency and information - gathering ordinance hearing pursuant to the
requirements of Section 190.005(2)(c) F.S., on the subject of whether to
grant this Petition for the establishment on the proposed land area of the
state chartered and created Copper Cove Community Development
District and to enact the ordinance establishing the District on the
proposed property.
b) Grant this Petition and adopt the ordinance to establish the state created
and chartered District in conformity herewith; to designate expressly in
the establishing ordinance the land area to be served by the District, the
name of the District and the initial members of the Board of Supervisors
of the District and to recognize expressly in the ordinance, by statutory
citation, that the uniform and exclusive general law charter of the District
5
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINANCE OF A
COMMUNITY DEVELOPMENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
was created by the Florida Legislature in Sections 190.006 through
190.041, F.S. as provided also in Section 190.004(4), F.S., and confirmed
and provided further in Section 189.4031(2), F.S. Recognize the
impending Petition from the District Board of Supervisors, if established,
for consent by the Commission to exercise certain enumerated special
powers already granted by general law to the District by its exclusive
uniform charter under Section 190.012(2), F.S., and that such potential
exercise has been reviewed and assessed to the date of the ordinance.
Providing finally that with regard to any specific consent by the County to
the exercise by the District of any of such special granted powers in its
general law charter, the legal existence and authority of the District, as
created by state law and as established on the proposed property by this
ordinance, shall have been decided upon its establishment.
A.
RESPECTFULLY SUBMITTED this rday of January, 2006.
6
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Exhibit 3
AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE ESTABLISHMENT
OF THE COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
On this day of January 2006, personally appeared before me, an officer duly authorized to
administer oaths and take acknowledgments, who, after being duly sworn, deposes and says:
1. Affiant Alan S. Farrior, an individual, is the President of Colonial Homes,
Inc.
2. Colonial Homes, Inc. is the owner of all of the property attached to the
Petition to Establish the Copper Cove Community Development District as
Exhibit 1.
3. Affiant, Alan S. Farrior, hereby represents that he has full authority to
execute all documents and instruments on behalf of the Corporation,
including the Petition before the Board of County Commissioners of
Collier County, Florida, to enact an Ordinance to establish the Copper
Cove Community Development district (the "Proposed CDD ").
4. The property represents a portion of the real property to be included in the
Proposed CDD.
5. Affiant, Alan S. Farrior on behalf of Colonial Homes, Inc. the owner of the
property in the capacity described above, hereby consents to the
establishment of the Proposed CDD.
FURTHER AFFIANT SAYETH NOT.
State of Alabama
County of Montgomery
The foregoing instrument was acknowledged before me this
S. Farrior, its President.
Personally known K. or Produced Identification
Type of Identification Produced
Notary Pub
My Commission expires;
qi
day of January, 2006, by Alan
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Exhibit 5
Proposed Timetable and Estimated Costs of Construcion
Copper Cove Community Development District
Construction Schedule 2006
Infrastructure Im rovments
Roadway Im rovments, on -site
$1,020,000
Roadway Im rovments off -site
$430,000
Landscape
$750,000
Drainage
$547,500
Utilities
$1,816,400
Water Management and Mitigation
$8,360,800
Infrastructure Subtotal
$12,924,700
10% Construction Contingency
$1,292,470
15% Technichal Services
$2,132,576
Contruction and Technical Subtotal
$3,425,046
Grand Total
$16,349,746
Estimated costs of construction are for those Powers permitted under
Section 190.012(1), Florida Statutes, as amended. No estimates are
provided for other poweres available under Section 190.012(2)(d), Florida
Statutes.
The estimated costs and proposed timetable herein do not include anticipated
capital carrying costs, including interest reserves or other applicable CDD
expenditures that may be incurred.
Pursuant to law, this information is based on available data as of the filing of
this petition, presented in good faith, is non - binding and is subject to change,
Section 190.00591)6, F.S.
Exhibit 6 -A Collier County Urban Mixed Use District Designation
A. Urban - Mixed Use District
This District, which represents approximately 116,000 acres, is intended to accommodate a
variety of residential and non - residential land uses, including mixed -use developments such as
Planned Unit Developments. Certain industrial and commercial uses are also allowed subject
to criteria. This may be accomplished by encouraging coordinated mixed -use sites of
water - dependent and water - related land uses are permitted within the coastal region of this
District. Mixed -use sites of water - dependent and water - related uses and other recreational
uses may include water - related parks, marinas (public or private), yacht clubs, and related
accessory and recreational uses, such as boat storage, launching facilities, fueling facilities,
and restaurants. Any water - dependent and/or water - related land use shall encourage the use of
the Planned Unit Development technique and other innovative approaches to conserve
environmentally sensitive features and to assure compatibility with surrounding land uses.
(XII) Note: Collier County's Land Development Code allows for the construction of private
boathouses and docks as an accessory use to permitted uses in the following zoning districts:
Rural Agricultural (A), Residential Single Family (RSF 1 -6), Residential Multiple Family (RMF -6,
12, 16), Residential Tourist (RT), Village Residential (VR), and Mobile Home (MH). Marinas are
a permitted use in the Commercial (C -3) and Commercial (C -4) Districts. Marinas are permitted
as a conditional use in the RT District. Marinas and boat ramps are permitted as a conditional
use in the Community Facility (CF) District. Boat yards and marinas are permitted as a
conditional use in the VR District. The Collier County Manatee Protection Plan (NR- SP- 93 -01)
'May 1995 restricts the location of marinas and may limit the number of wet slips, the
construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting
criteria.
(XI) Priorities for shoreline land use shall be given to water dependent principal uses over
water - related land uses. In addition to the criteria of compatibility with surrounding land uses
and consistency with the siting policy of the Conservation and Coastal Management Element
(Objective 10.1 and subsequent policies), the following land use criteria shall be used for
prioritizing the siting of water - dependent and water - related uses:
a. Presently developed sites;
b. Sites where water - dependent or water - related uses have been previously established;
C. Sites where shoreline improvements are in place;.
d. Sites where damage to viable, naturally functioning wetlands, or other environmentally
sensitive features, could be minimized.
Port of the Islands is a unique development, which is located within the Urban Designated Area,
but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of
the development was determined "vested" by the State of Florida, thus exempting it from the
requirements of Chapter 380, Florida Statutes. Further, there is an existing Development
Agreement between Port of the Islands, Inc. and the State of Florida Department of Community
Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands
is eligible for all provisions of the Urban — Mixed Use District in which it is located to the extent
that the overall residential density and commercial intensity does not exceed that permitted
under zoning at time of adoption of this Plan.
(XII) = Plan Amendment by Ordinance No. 2003.67 on December 16, 2003
22
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EXHIBIT `7"
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 Copper Cove Community Development District ( "District "). The
District will consist of approximately 101.5 acres of land located within Collier
County, Florida. The limitations on the scope of this SERC are explicitly set out in
Section 190.002 (2) (d), F.S. (governing District formation or alteration) as follows:
"That the process of establishing such a district pursuant to uniform general law
shall be fair and based only on factors material to managing and financing the
service delivery function of the district, so that any matter concerning_ permitting
or planning of the development is not material or relevant (emphasis added)."
1.2 Overview of the Copper Cove Community Development and the District
The District will comprise a proposed land area of approximately 101.5 acres
within the unincorporated Collier County, Florida. The District is designed to
provide infrastructure, services, and facilities along with certain ongoing
operations and maintenance to the Copper Cove Development (the
"Development" or "Copper Cove ") comprising 295 residential units. A
Community Development District ( "CDD, ") is an independent unit of special
purpose local government created and chartered by Chapter 190, Florida
Statutes, to plan, finance, construct, operate and maintain community -wide
infrastructure in large, planned community developments. It may be established
on the proposed property by ordinance. CDD's provide a "solution to the state's
planning, management and financing needs for delivery of capital infrastructure
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 County in which the CDD lies. A CDD does not have the permitting, zoning
or police powers possessed by general purpose governments. A Community
1
Development District is an alternative means of financing, constructing,
operating, and maintaining community infrastructure for planned developments,
such as Copper Cove. The scope of this SERC is limited to evaluating the
consequences of approving the proposal to establish the District.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541 (2), F.S. (2001), defines the elements a statement of estimated
regulatory costs must contain:
(a) 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.
(b) 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 and local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local governmental entities, required to
comply with the requirements of the rule. As used in this paragraph,
"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, and the cost of monitoring and reporting.
(d) An analysis of the impact on small businesses as defined by Section 288.703,
F.S., and an analysis of the impact on small counties and small cities as defined
by Section 120.52 F.S. Collier County, Florida (the "County ") is not defined as a
small county for purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any
good faith written proposal submitted under paragraph (1) (a) and either a
statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed rule.
With regards to this Statement of Estimated Regulatory Costs, requirements
referring to the rule will be modified to refer to the County establishing the
2
ordinance creating the District for which the law requires the Statement of
Estimated Regulatory Costs to be prepared.
2.0 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.
Establishment of the District would provide roadways, potable water and
sanitary sewer, Water Management and Environmental Improvements. It is not
anticipated that anyone outside the Development would be affected by the
Ordinance establishing the District, although the State of Florida and the County
would be required to comply with reviewing reports as a consequence of the
Ordinance.
3.0 Good faith estimate of the cost to state and local government entities, of
implementing and enforcing the proposed rule, or in the case of Districts
under 1,000 acres, an ordinance of the general purpose government
establishing the District, and any anticipated effect on state and local
revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Rule
State Government 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
proposed is within unincorporated Collier County, Florida. The modest costs to
various State entities to implement and enforce the ordinance relate strictly to the
receipt and processing of various reports that the proposed District is required to
file with the State and its various entities. 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 189.412, F.S., the District must
pay an annual fee to the State of Florida Department of Community Affairs,
which offsets such costs.
3
Collier County, Florida
The proposed land for the District is in the 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. The costs to review the record of the local
hearing, the transcript of the hearing, and the ordinance adopted by the local
general - purpose government will be offset by the filing fee required under
190.005 (1), F.S.
These costs to the County are modest for a number of reasons. First, according to
Chapter 190, F.S., review of the petition to establish the District does not include
analysis of any community developments within the boundaries of the District.
Second, the petition itself provides much of the information needed for a staff
review. Third, local governments already possess 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 the required filing fee.
Finally, general purpose local governments routinely process petitions for land
uses and zoning changes that are far more complex than is the petition to
establish a community development district.
The annual costs to the County, because of the establishment of the District, are
also very small. The District is an independent unit of local government. The
only annual costs the County faces are the minimal costs of receiving and
reviewing the various reports that the District is required to provide to the
County.
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on State and
local revenues. The District is an independent unit of local government. It is
designed to provide community facilities and services to serve the Copper Cove
Development. 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, the County, or any other unit of local government. In accordance
with State law, debts of the District are strictly its own responsibility.
51
4.0 A good faith estimate of the transactional costs likely to be incurred by
individuals and entities required to comply with the requirements of the
ordinance.
Table 1 provides an outline of the various facilities and services the District may
provide.
Table 1. Copper Cove Community Development District Proposed
Facilities and Services
FACILITY
FUNDED BY
O &M
OWNERSHIP
Roadway
CDD
CDD
CDD
Landscape
CDD
CDD
CDD
Drainage
CDD
CDD
CDD
Utilities
CDD
COUNTY
COUNTY
Surface Water Management
CDD
CDD
CDD
The petitioner has estimated the design and development costs for providing the
capital facilities as outlined in Table 1. The cost estimates are shown in Table 2
below. Total design and development costs for these facilities are estimated to be
approximately $16,349,746. The District may levy non -ad valorem special
assessment (by a variety of names) and may issue revenue and other bonds to
fund the management of these facilities. These bonds would be repaid through
non -ad valorem special assessments (by a variety of names) levied on all
properties in the District that receive special and peculiar benefit from the
District's capital improvement program as outlined in Table 2.
Prospective future landowners in the Development may be required to pay non -
ad valorem special assessments levied by the District to provide for facilities or
operations and maintenance 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, locating in the District by new residents is
completely voluntary and levy of such assessments, as well as the prospect of
such assessments, are noticed and disclosed fully. So, ultimately, all owners and
users 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 seller to all prospective purchasers of property within the District.
5
A Community Development District "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 which are not
Districts, or private entities, all of which can be grouped into three major
categories: public district, public other, and private.
With regards to costs of public district mechanism of public services delivery to
the developments within the proposed area, 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. Transaction costs resulting from the
employment of more than one district would likely be higher than those
resulting from a single entity such as a CDD.
Other public entities, such as municipalities and counties, also are capable of
providing services, however, their costs in connection with the new services and
infrastructure required by the new development, transaction costs, would be
borne by all taxpayers, unduly burdening existing taxpayers and 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 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.
Z
Second, a CDD is a mechanism for assuring that the community 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.
Table 2. Cost Estimate for District Facilities
CATEGORY COST
Roadway Improvements (on -site)
Roadway Improvements (off -site)
Landscape
Drainage
Utilities
Water Management and Mitigation
Construction Contingencies and Technical Sevices
TOTAL
$1,020,000
$430,000
$750,000
$547,500
$1,816,400
$8,360,800
$3,425,046
$16,249,746
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 community
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. Given the low
cost of capital for a CDD due to tax - exempt financing, landowners within the
District can usually expect the marginal benefits of finance savings directed
toward higher quality of infrastructure than landowners in similar developments
not located within CDDs.
5.0 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.
7
There will be little impact on small businesses because of the establishment of the
District. If anything, the impact may be positive. This is 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.
The County has an estimated population in 2000 that is greater than 75,000
according to the United States Census Bureau. Therefore the County is not
defined as a "small" county according to Section 120.52, F.S.
6.0 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.
Prepared by:
CraIg A. Wrathell, Managing Partner
Wrathell, Hart, Hunt and Associates, LLC
Wednesday, January 11, 2006
0
EXHIBIT 8 -A
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
Background and Credentials of Planner
My name is Donald Wayne Arnold, AICP. I am a professional urban planner. I am a Principal
with the firm Q. Grady Minor & Associates and have over 18 years of experience in planning
and permitting related to land development activities. I have previously been employed as a
professional planner by local and State governments, including Palm Beach County, Collier
County and South Florida Water Management District. I have been actively involved in
Developments of Regional Impact, growth management plan amendments, property rezonings,
land development code amendments, site development plans, and land feasibility studies. I hold
dual degrees in urban planning: a Bachelor of Science Degree in Urban - Regional Planning from
Southwest Missouri State University, and a Master of Urban Planning from the University of
Kansas.
I have served as an expert in urban planning in a variety of local, regional and state growth
management planning issues and have testified in numerous hearings including Florida
Administrative Hearings, and local government public hearings.
Below is a summary of the planning consequences of establishing the proposed Community
Development District in Collier County. My assessment of the six statutory factors that must be
met in order to establish a Community Development District is discussed below.
Project Description
Copper Cove Preserve comprises approximately 101 acres within southern Collier County,
Florida, bounded on the west by Collier Boulevard, bounded on the east and south of Fiddler's
Creek PUD /DRI bounded on the north by Quail Roost Mobile Home Park The property is
located within the Urban Mixed -Use Residential District of the Collier County Future Land Use
Map. The Urban Residential District permits a variety of residential and mixed -use projects, and
are encouraged to be in the from of a master planned community:
The property is currently planned for a residential master planned community with 300
residential units. The master planned community will include both single family and multi-
family dwelling unit types, a clubhouse and other residential amenities.
The Six Statutory Factors: Section 190.005 (1)(e)1 -6, F.S.
Section 190.005(2)(c), Florida Statues, provides that the County Commission shall consider the
record of the public hearing and the following factors section 190.005 (2)(e), in making its
determination to grant or deny a petition for the establishment of a community development
district.
F:VOB \C -D \Copper Cove Preserve CDD\CDD - Copper Cove Preserve (rev 3- 20- 06).doc Page 1 of 12
Whether all statements contained within the petition have been found to be true and correct.
2. Whether the establishment 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.
Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate special- district
government.
Factor One
1. Whether all statements contained within the petition have been found to be true and
correct.
In my professional planning opinion, the Petition and its exhibits satisfy the requirements of the
statute and contain information that is both true and correct. Therefore, factor one in my opinion
is satisfied from a planning perspective.
Local Specialized Problem: None.
Factor Two
2. Whether the establishment of the district is inconsistent with any applicable element
or portion of the state comprehensive plan or of the effective local government
comprehensive plan.
Regarding Factor Number Two, I have done a considerable amount of analysis of both the State
Comprehensive Plan and the Collier County Comprehensive Plan because this factor questions
whether creation and establishment of the District is consistent with any applicable element or
portion of the State Comprehensive Plan or the Collier County Comprehensive Plan. A
discussion of consistency with the State Plan is provided below.
Discussion: The State Plan.
The State Comprehensive Plan is set forth in Chapter 187, Florida Statutes.
I have reviewed all twenty-five goals and several related policies under each goal in the State
Plan from this perspective. I have identified and evaluated those subjects, goals and policies, that
do relate to the creation and establishment of a Community Development District. As a
professional planner, I have provided an opinion as to the consistency of proposed District with
each related goal, objective and policy of the plan. I have analyzed from a planning perspective
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each subject and goal and then identified various specific policies under each of them which
related to the proposed District.
Subiect and Goal 15 LAND USE
(a) Goal - In recognition of the importance of preserving the natural resources and
enhancing the quality of life of the state, development shall be directed to those
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.
Subject Number 15 and its related goal are applicable because it being directed to areas having,
or programmed to have funded land and water resources, and necessary infrastructure capacity to
serve growth in an environmentally responsible manner.
The Copper Cove Preserve Community Development is in an area of Collier County that has
available access to regional water and sewer services, and roadway networks to serve a project of
this scale. The District is located in the Urban Mixed -Use Residential District of Collier County
and will meet all applicable natural resources regulations. The creation of the District is
consistent with this goal.
Local Specialized Problem: None
Policy 15(b)1. 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.
Establishment of the District is consistent with this Policy. Chapter 190, F.S., establishes that a
District purpose is to provide necessary capital infrastructure to service projected growth without
overburdening other governments and taxpayers. All necessary infrastructure on -site will be
provided by the Developer or Community Development District, which will be coordinated with
Collier County Government.
Local Specialized Problem: None
Policy 15(b)2. Develop a system of incentives and disincentives, which encourage separation
of urban and rural land uses while protecting water supplies, resource development, and
fish and wildlife habitats.
A District is a form of local government which, is required by law to provide service capacity in
areas designated for urban services, and to provide such services in an environmentally sensitive
manner. The Establishment of the proposed District is consistent with policy 15(b)2 the State
Plan.
Local Specialized Problem: None
Policy 15(b)3. Enhance the livability and character of urban areas through the
encouragement of an attractive and functional mix of living, working, shopping, and
recreational activities.
Establishment of the District is consistent with this Policy. Through the creation of the District,
Copper Cove will be developed as a master planned residential community with on -site
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recreational amenities designed to serve the residents of the District. On -site open spaces are
linked to nearby roadways via pedestrian pathways.
Subiect and Goal 17 PUBLIC FACILITIES
(a) Goal - Florida shall protect the substantial investments in public facilities that already
exist and shall plan and provide for and finance new facilities to serve residents in a timely,
orderly, and efficient manner.
Subject 17 and its related Goal and policies would be directly implemented through the
establishment of the proposed District through the responsible provision of services and facilities
when needed to those property owners within the District. The establishment of the District will
be consistent with this subject and goal.
Local Specialized Problem: None
Policy 17(b)3.-Allocate the costs of new public facilities on the basis of the benefits received
by the existing and future residents.
Facilities and services provided by the District are paid for through assessments and user fees by
those property owners who benefit from those facilities and services. In my planning opinion, the
proposed District is consistent with, and will implement, policy 17(b)3.
Local Specialized Problem: None
Policy 17(b)4.- Create a partnership among state government, local governments, and the
private sector which would identify and build needed public facilities and allocated the
costs of such facilities among the partners in proportion to the benefits accruing to each of
them.
The state legislature determined that a District is a legitimate alternative method of paying for
and managing community development. A District must be consistent with the plans of the State
and local governments. Establishment of the District, consistent with this legislative intent, is
consistent with Policy 17(b)4.
Local Specialized Problem: None
Policy 17(b)5. Encourage local government financial self - sufficiency in providing public
facilities.
The proposed District, if established, would be a special - purpose local government, and would
be self - sufficient in the provision of infrastructure, services and facilities in that it would not
draw upon other County resources. The establishment of the proposed District would not be
inconsistent with this policy.
Local Specialized Problem: None
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Policy 17(b)6. Identify and implement innovative but fiscally sound and cost - effective
techniques for financing public facilities.
The special - purpose District will have limited powers to design, fund and construct services and
facilities necessary to accommodate the project's service demands. The proposed District is
consistent with this policy.
Local Specialized Problem: None
Policy 17(b)7. Encourage the development, use, and coordination of capital improvement
plans by all levels of government.
The District is subject to the reporting provisions of Section 189.415, Florida Statutes, which in
paragraph (6) states, "For purposes of the preparation or revision of local government
comprehensive plans required pursuant to s. 163.3161, a district public facilities report may be
used and relied upon by the local general purpose government or governments within which the
special district is located. This statutory provision is directed at fostering coordination between
special districts and general - purpose governments. The proposed District, if established, will
implement this policy, and is therefore consistent with the policy.
Local Specialized Problem: None
Subiect and Goal 20 GOVERNMENTAL EFFICIENCY
(a) Goal - Florida governments shall economically and efficiently provide the amount and
quality of services required by the public.
Chapter 190.002 finds that an independent district can be a solution to the state's planning,
management, and financing needs by providing timely, efficient, effective and economic means
of service delivery. The proposed District will provide services in an economical and efficient
manner and is consistent with Goal 20.
Local Specialized Problem: None
Policy 20(b)l. Encourage greater cooperation between, among, and within all levels of
Florida government through the use of appropriate interlocal agreements and mutual
participation for mutual benefit.
Once the Community Development District is formed, it will function as a form of local
government and the Statute permits the District to enter into interlocal agreements with other
local governments. The Collier County Growth Management Plan, Intergovernmental
Coordination Element and Public Facilities Element provide for the coordination and
cooperation of all governmental entities, including Community Development Districts. Because
the Statute requires consistency with the local government growth management plan, and the
District must cooperate with local governments, it is my opinion that the proposed Copper Cove
Preserve Community Development District, will be consistent with Policy 20 (b) 1 of the State
Comprehensive Plan.
Local Specialized Problem: None
Policy 20(b)2. Allow the creation of independent special taxing districts, which have
uniform general law standards and procedures and do not overburden other governments
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and their taxpayers while preventing the proliferation of independent special taxing
districts, which do not meet these standards.
This policy directly addresses why a Community Development District is a beneficial method of
funding community development services. A Community Development District provides the
infrastructure and community services through the sale of various types of bonds, for which the
obligation to repay the bonds is borne by only those who directly receive the benefits provided
by the Community Development District. The general taxpayer has no obligation to pay for
services within the District.
The Community Development District must be established according to the standards specified
in Florida Statutes and must be consistent with local government plans. The proliferation of
independent districts is restricted by the various factors required to establish a Community
Development District. The proposed Community Development District in my professional
planning opinion is consistent with Policy 20(b)2.
Local Specialized Problem: None
Policy 20(b)5. Eliminate needless duplication of, and promote cooperation in,
governmental activities between, among, and within state, regional, county, city, and other
governmental units.
As stated previously, a District is required under Florida Statutes to prepare reports and public
records with respect to its facilities and operations which are made available to owners within the
Community Development District, as well as prospective purchasers. These records are also filed
with the County as public records and may be utilized by the local government. This cooperative
requirement of sharing information as well as the requirement to be consistent with the State and
local government plans furthers the proposed Community Development District's consistency
with Policy 20(b)5.
Local Specialized Problem: None
Policy 20(b)9. Encourage greater efficiency and economy at all levels of government
through adoption and implementation of effective records management, information
management, and evaluation procedures.
Florida Statutes, Chapter 190, requires that Community Development Districts perform extensive
record keeping and management, and they are subject to the Florida Sunshine Law. In my
professional planning opinion, these requirements of the Community Development District fulfill
the requirements of Policy 20(b)9, and the establishment of the District is consistent with this
policy.
Local Specialized Problem: None.
Subject and Goal 25 PLAN IMPLEMENTATION
(a) Goal - Systematic planning capabilities shall be integrated into all levels of government
in Florida with particular emphasis on improving intergovernmental coordination and
maximizing citizen involvement.
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As discussed previously, a Community Development District has a statutory requirement to
report information concerning District operations. Further, because a District is a special purpose
government, it must advertise its regularly scheduled meetings, ensuring the opportunity for
public comment. The proposed District, if established, in my opinion, is consistent with and
would further this goal.
Local Specialized Problem: None
Policy 25(b)2. Ensure that every level of government has the appropriate operational
authority to implement the policy directives established in the plan.
The fact that a District established pursuant to Chapter 190, Florida Statutes, must not be
inconsistent with any applicable portion of the State Comprehensive Plan, a District is granted
the defacto operational authority to implement policies of the Plan. The establishment of the
proposed District is consistent with Policy 25(b)2.
Local Specialized Problem: None
Policy 25(b)3. Establish effective monitoring, incentive, and enforcement capabilities to see
that the requirements established by regulatory programs are met.
A District is not exempted from any applicable local, regional or state growth management
regulatory programs, thus the establishment of the proposed Copper Cove Preserve Community
Development District is not inconsistent with this policy.
Local Specialized Problem: None
Policy 25(b)8. Encourage the continual cooperation among communities, which have a
unique natural area, irrespective of political boundaries, to bring the private and public
sectors together for establishing an orderly, environmentally, and economically sound plan
for future needs and growth.
The District is required to operate openly (in the sunshine), encouraging public participation, and
as stated previously, reporting of the District's facilities and services status to the County
government provides a mechanism for cooperation between the general purpose and special
purpose governmental entities. The establishment of the proposed District is consistent with this
policy.
Local Specialized Problem: None
COLLIER COUNTY LOCAL GOVERNMENT COMPREHENSIVE PLAN
The adopted Collier County Local Government
following Collier County Ordinances, as amended.
Collier County.
Capital Improvement Element
Transportation Element
Public Facilities Element B Ord. 97 -58
Housing Element
Growth Management Plan is set forth in the
This Plan is currently in force and effective in
Ord. 2005 -25
Ord. 2004 -71
Ord. 2005 -25
Ord. 2000 -27
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Recreation and Open Space Element Ord. 2003 -67
Conservation and Coastal Management Element Ord. 2004 -71
Future Land Use Element Ord. 2005 -25
Intergovernmental Coordination Element Ord. 2003 -67
Under the Florida Local Government Comprehensive Planning and Land Development
Regulation Act, Chapter 163, Part II, Florida Statutes, as amended, the Plan consists of various
elements, sub - elements and appendices. I reviewed each Plan element with respect to the powers
granted to a Community Development District under Section 190, Florida Statutes. As a
professional planner, I have reviewed the Plan in order to determine whether there is any specific
inconsistency between the proposed Community Development District Plan and the Collier
County Growth Management Plan.
Those goals, objectives and policies that are relevant to the creation of the proposed Community
Development District have been evaluated.
The establishment of the Community Development District to provide the governmental services
attendant to Copper Cove Preserve complies fully with the goals, objectives and policies of the
Collier County Growth Management Plan.
PUBLIC FACILITIES ELEMENT - POTABLE WATER SUBELEMENT
Policy 1.2.6: Where Community Development Districts, or other similar special districts are
established to provide a tool for developers to finance infrastructure or other purposes, wholly or
partially within the Collier County Water -Sewer District, water service shall be connected to the
regional system, and internal facilities shall be conveyed when acceptable to the Collier County
Water -Sewer District for operation and ownership in accordance with Collier County Ordinance
01 -57 adopted October 23, 2001 or its latest revision, and District construction and operating
policies.
Copper Cove Preserve will provide and maintain potable water infrastructure to support the
proposed development within the District boundaries and will connect the system to Collier
County consistent with the Collier County Utilities Ordinance. The establishment of the
proposed District is consistent with this Policy.
Local Specialized Problem: None
INTERGOVERNMENTAL COORDINATION ELEMENT
Goal l: Provide for the continual exchange of information and the use of any
intergovernmental coordination mechanisms with Broward, Dade, Hendry, Lee, and Monroe
Counties, Cities of Everglades and Naples, Collier County School Board, Southwest Florida
Regional Planning Council, and any other local, state, or federal agency or governmental entity,
and utility companies such as but not limited to Florida Power and Light, Lee County Electric
Cooperative, Sprint /United Telephone, Immokalee Water and Sewer District, Pelican Bay
Service Division (MSTU), Florida Water Services, Florida Cities Water Company, Media One,
and Cablevision Industries, that may be impacted by Collier County's land, road, or facility
planning to resolve differences and to achieve compatible and coordinated plans.
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Objective 1.1: By the time mandated for the adoption of land development regulations pursuant
to Chapter 163.3202, F.S., including any amendments thereto, establish intergovernmental
communication and level of service coordination mechanisms to be used by Collier County,
Cities of Everglades and Naples, adjacent counties, the Collier County School Board, the State,
and any other entity that provides a service but may not have land use authority.
Policy 1.1.1: Collier County will continue to utilize existing coordination mechanisms, e.g.,
interlocal planning agreements, joint meetings and any other mechanism described in this
element which promotes consistent planning activities.
Copper Cove Preserve has coordinated with both public and private sector agencies in the
delivery of services, such as Collier County Utilities, independent fire control districts, Collier
County Department of Transportation, and Florida Power and Light to insure the services are
coordinated and non - duplicative. Copper Cove Preserve Community Development District will
continue to coordinate plans with the various governmental agencies as it develops. The
establishment of the proposed District is consistent with this goal and associated objective.
FUTURE LAND USE ELEMENT
Objective 5 and Policy 5.1: In order to provide sound planning, ensure compatibility of land uses
and further the implementation of the Future Land Use Element. All rezonings must be
consistent with this Growth Management Plan.
Copper Cove Preserve will be a residential master planned community, which will utilize the
Planned Unit Development zoning district alternative to establish the development program, and
the establishment of the Community Development District to provide governmental and
infrastructure services. The project site is located in an area designated as Urban Mixed -Use on
the County's Future Land Use Map. The intent of this District is set forth previously in my
Report. This proposed master planned project is consistent with this objective and policy.
Local Specialized Problem: None
The establishment of the proposed Copper Cove Preserve Community Development District,
pursuant to Chapter 190, Florida Statutes, is not inconsistent with the goals objectives and
policies of the Collier County Growth Management Plan.
Based upon the aforementioned findings, the creation and establishment of the proposed District
would not be inconsistent with any goals, policies, sections or portions of the Plan, even if it
were to exercise any and all of its statutory powers.
Further, the creation and establishment of the proposed District would not be inconsistent with
those parts of the Plan, which do not relate to the creation and establishment of a District.
Factor Three
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
community.
The proposed Copper Cove Preserve Community Development District is of sufficient size and
sufficiently compact to be developed as a functional interrelated community. The project's size is
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101± acres. This land area is large enough in land area to allow for the efficient provision of
infrastructure systems, facilities and services. A project of this size and scope is most
appropriately master planned to demonstrate how the various components of the overall project
relate both internally and externally.
The project is appropriately compact in size in that it will permit residential development and the
required infrastructure support to be extended throughout the proposed District boundaries as one
functional interrelated community.
The properties within the proposed Copper Cove Preserve Community Development District are
contiguous.
The term "functional interrelated community" is undefined in Chapter 190, F.S. In my
professional planning opinion, the term, "functional interrelated community" means that the
CDD area has common characteristics in the sense of permitted land uses that can be master
planned because of the land use relationships, as well as the contiguity of the community and its
overall size. The proposed District will utilize the planned unit development concept to
demonstrate the interrelatedness of the entire project, whereby not only the internal and external
land use relationships have been shown, but the basic infrastructure to serve the entire
community is master planned. Copper Cove Preserve community is consistent with and furthers
the larger community's goals as outlined in the discussion on the Collier County Growth
Management Plan.
Local Specialized Problem: None
Factor Four
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.
There are several alternative ways to provide basic infrastructure and services to the lands
proposed to be serviced by the proposed Community Development District. Generally, there are
three common methods of providing services to a community, which include privately funded
and maintained services, publicly provided systems and those that could be operated via a public
special purpose Community Development District. Private provision of services and
maintenance can be appropriate; however, with limitations, in that long -term funding must be
assured to support infrastructure for the life of the community, as is required through the
issuance of bonds to support a Community Development District.
The provision of services by the public can have limitations, especially where the community is a
master planned and interrelated community that may desire services more appropriately directed
at its property owners. The responsibility of a local government is to provide the basic
infrastructure support for all communities within its Governmental boundary. A master planned
community that may wish to achieve a higher than basic standard will not be well suited to
provision of services through common general government funding alternatives.
The Community Development District option is a preferred alternative to the two former
mentioned funding sources (Private and General Public) in that the provision of services may be
commensurate with the desired level of service of the community, while resulting in no burden to
those properties outside the District. The Community Development District cannot overburden
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the existing facilities because of the required concurrency management requirements found in the
Collier County Growth Management Plan, Land Development Code and Chapter 190, F .S.
Local Specialized Problem: None
Factor Five
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.
Chapter 190, F.S. requires that all actions and implementation of any or all Community
Development District powers are governed by and must not be inconsistent with the Collier
County Growth Management Plan. One of the fundamental requirements of Chapter 163, F.S. is
that local government comprehensive plans must identify capital facilities required to support
expected growth and that standards must be adopted to insure that minimum established levels of
service for these facilities can be maintained.
This requirement insures that the impacts of development are created concurrent with the
available capacity of necessary capital infrastructure. Development may not occur unless there
are adequate public facilities available to support it.
These requirements insure compliance with County land development regulations and adequate
public facility requirements. Collier County has not identified any inadequate public facilities
that will affect the proposed District.
Local Specialized Problem: None
Factor Six
6. Whether the area that will be served by the district is amenable to separate special -
district government.
Factor six deals with whether the area that will be serviced by the District is amenable to
separate special- district government.
As discussed in the prior factor analysis, the land area is of sufficient size, and is sufficiently
compact and sufficiently contiguous to be functional. The project area is also located in an area
where other large -scale master planned communities have been developed utilizing the
community development district. In my opinion the land area for the District is amenable to
special district government because the land area proposed to be established as a District has the
need for the services that may be provided by the District. The District would also benefit from
the provision of District services in that the services will be tailored to the specific needs of the
District while consistent with the goals, objectives and policies of the local growth management
plan.
Local Specialized Problem: None
Summary
Long term and sustained adequacy and efficiency of infrastructure are important, and I note that
among the three alternatives discussed, the proposed District would more closely and efficiently
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manage services and facilities given that the District's sole responsibility is the community
development's infrastructure needs, both immediate and in the long term. Further, a District can
be more responsive to the property owners of the community development and other affected
parties, than can be provided by the alternatives, which either have a broader public
accountability, or more narrowed interests.
The proposed Copper Cove Preserve Community Development District is the most appropriate
means of providing community development systems, services and facilities because it will be
functionally involved in the overall physical master planning of the development, most equitably
distributes the cost and responsibilities to the users of the systems, services and facilities,
provides for long term maintenance, and provides a greater assurance that the residents served by
the Copper Cove Preserve Community Development will have a sustained level of service to
meet their quality of life objectives.
I attest that the statements and finding in this document are true
and accurate to the best of my knowledge.
kon
D. Wayne Arnold, AICP
The foregoing instrument was acknowledged before me this day of
2006, by D. Wa ne Arnold ho is person lly known tome.
Signature of Notary Public
Notary's Printed Name E cj�
My Commission Expires:
" SHARON UMPENHOUR
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* MY COMMISSION N DO 495073
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]:Kopper Cove Preserve CDD \CDD - Copper Cove Preserve.doc Page 12 of 12
EXHIBIT 8 -B
ENGINEER'S OPINION
PETITION TO ESTABLISH
COPPER COVE PRESERVE
COMMUNITY DEVELOPMENT DISTRICT
A petition to establish the Copper Cove Preserve Community Development District (CDD) is
being filed with the Collier County Board of County Commissioners. The purpose of this
Opinion is to provide support to the petition with regard to the factors which must be considered
during the establishment process as outlined in Chapter 190 of the Florida Statues.
My name is David A. Hyyti, P.E. I have been qualified, in The Circuit Court of the Twentieth
Circuit of the State of Florida, as an expert in matters regarding civil engineering and
community development during special assessment bond validation proceedings related to
community development infrastructure funding. I have also been involved with the
establishment and operation of Community Development Districts in Lee, Charlotte, and
Hillsborough counties over the past fourteen years.
This opinion is based on my professional experience as a civil engineer and land development
consultant with regard to providing infrastructure for community development.
Section 190.005(2), F.S. provides the exclusive and uniform method for the establishment of a
community development district of less than 1,000 acres in size. The proposed Copper Cove
Preserve Community Development District is approximately 101.5 acres in size. Section
190.005(2)(c) provides that the Collier County Board of County Commissioners consider the six
factors identified in Section 190.005(1)(e) in making its determination to grant or deny a
petition for the establishment of a community development district. These factors are:
Whether all statements contained within the petition have been found to be true and
correct.
2. Whether the establishment 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 the 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 systems, services and facilities to the area that will be served by the district.
5. Whether the community development systems, facilities and services of the district will be
incompatible with the capacity and uses of existing local and regional community
development systems, services and facilities.
6. Whether the area that will be served by the district is amenable to separate special district
government.
Section 190.002(d) states that the process of establishing a district shall be based only on factors
material to managing and financing the service - delivery function of the district, any matter
concerning permitting or planning of the development is not material or relevant. This Opinion
is therefore based on my review of matter related to the six factors enumerated above.
Additionally, I have observed the proposed site of the Copper Cove Preserve CDD and have
reviewed the petition to Establish the district.
FACTOR 1:
Whether all statements contained within this petition have been found to be true and correct
I have observed the Copper Cove Preserve site and reviewed the Petition for Establishing the
Copper Cove Preserve CDD. To the best of my knowledge, the statements contained within the
Petition are true and correct.
FACTOR 2:
Whether the establishment of the district is inconsistent with any applicable element or portion
of the state comprehensive plan or of the effective local government comprehensive plan
For the purposes of responding to this factor, the State and Collier County Comprehensive Plans
were reviewed for goals, objectives, and policies that pertain to the establishment of a CDD.
Based on this review, establishment of the Copper Cove Preserve CDD is not inconsistent with
applicable elements or portions of the State and Collier County Comprehensive Plans.
Comments on Applicable State and Collier County Comprehensive Plan elements are provided
in the following discussion.
State Comprehensive Plan
Goal (15). Land Use - In recognition of the importance of preserving the natural resources and
enhancing the quality of life of the state, development shall be directed to those 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.
Policy I — 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.
Policy 2 — Develop a system of incentives and disincentives which encourages a separation of
urban and rural land uses while protecting water supplies, resource development, and fish and
wildlife habitats.
Since a district is a program that, when established, is required by law to provide service
capacity in areas designated for urban services, and to provide such services in an
environmentally sensitive manner, the proposed District is not inconsistent with Goal 15 of
Chapter 187, Florida Statutes.
Goal (17)(a). Public Facilities - Florida shall protect the substantial investments in public
facilities that already existing and shall plan for and finance new facilities to serve residents in
a timely, orderly, and efficient manner.
Policy 3 — Allocate the costs of new public facilities on the basis of the benefits received by
existing and future residents.
Policy 4 — 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 among the partners in proportion to the benefits accruing to each of them.
Policy S —Encourage local government financial self - sufficiency in providing public facilities
Policy 6 — Identify and implement innovative but fiscally sound and cost - effective techniques for
financing public facilities.
Policy 7 - Encourage the development, use, and coordination of capital improvement plans by
all levels of government.
Policy 4 - Identify and use stable revenue sources which are also responsive to growth for
financing public facilities.
The District will provide innovative funding for systems, facilities and services, as well as,
provide up -front financing mechanisms for timely provisions of these systems, facilities and
services for the Copper Cove Preserve CDD. Establishment of the Copper Cove Preserve CDD
helps to protect the public investment in the already existing public systems, facilities and
services because it provides a new revenue source for development and maintenance of the new
systems, facilities and services serving the area. No additional burden is placed on the existing
residents or businesses within the county because the CDD will allocate the cost of the new
systems, facilities and services to the existing and future property owners that will use those
systems, facilities and services. By its very nature, establishing the District also helps provide
for timely, orderly and efficient planning and financing of these new systems, facilities and
services.
Districts are required to coordinate with local general - purpose government and to submit a
public systems, facilities and services report. This public systems, facilities and services report
must include information very similar to the capital improvement plans of most local general -
purpose governments. The local general - purpose government may, in turn, use and rely upon
the district report for future forecasts and planning. Finally, the County can rely on the district's
report when making determinations of concurrency compliance.
Based on this review, the establishment of the Copper Cove Preserve CDD is not inconsistent
with Goal 17.
Goal (20). Governmental Efficiency - Florida governments shall economically and efficiently
provide the amount and quality of services required by the public.
Policy 1 — Encourage greater cooperation between, among, and within all levels of Florida
government through the use of appropriate interlocal agreements and mutual participation for
mutual benefit.
Policy 2 — Allow the creation of independent special taking districts which have uniform
general law standards and procedures and do not overburden other governments and their
taxpayers while preventing the proliferation of independent special taking districts which do
not meet these standards.
Policy 5 — Eliminate needless duplication of, and promote cooperation in, governmental
activities between, among, and within state, regional, county, city, and other governmental
units.
As a unit of special purpose local government with the authority to provide high quality
services and facilities within a limited area, the proposed District can enter into inter -local
agreements with mutual participation and benefits to residents of the District and the rest of the
county. A Community Development District has uniform general law standards as specified in
Chapter 190, F.S. that provide for the focused delivery and funding of infrastructure through
the assessment of only those residents within the District which receive benefit and their by not
overburdening other units of government or their taxpayers. To eliminate the needless
duplication of efforts between the District and Collier County, the potable water and sanitary
sewer systems will be turned over to Collier County for ownership and maintenance purposes
once they are completed by the District and accepted by Collier County Utilities.
Based on this review, the establishment of the Copper Cove Preserve CDD is not inconsistent
with Goal 20.
Collier County Growth Management Plan
Review of the Collier County Growth Management Plan has indicated that establishment of the
Copper Cove Preserve Community Development District is not inconsistent with the plan. In
addition, an extensive review as conducted by Collier County Planning staff and resulted in the
attached statement of compliance with regard to the development of Copper Cove Preserve
P.U.D.
FACTOR 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.
After reviewing the definitions of Factor Three's key terms and words and considering how
they relate to infrastructure delivery, it is my opinion that 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.
FACTOR 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.
There are three alternative ways of providing basic systems, facilities and services to
community developments. The first is purely private through a private company or property
owners' association. The second alternative would be public either through county
management and financing through dependent districts, or through county management with
financing by the use of County Municipal Service Taxing Units (MSTU), or County Municipal
Service Benefit Units (MSBU). Finally, the third alternative would also be public but through
the specialized but limited independent Community Development District provided for by
Chapter 190, Florida Statues.
Considerations needed to determine the best alternative to deliver infrastructure to community
developments are the following:
Is the alternative able to provide the highest quality systems, services, and facilities;
Is the alternative capable of delivering the facilities, system, and services in a timely
manner when the community development service and facility demand occurs;
Does the alternative have a means of management which will be responsive to the
community development over the long term; and
Can the alternative obtain and maintain long -term financing to facilitate the management
benefits.
I have analyzed the alternatives and conclude that the proposed District is the best alternative
available for delivering community development services and facilities to the area that will be
served by the District. It has a single, limited and specialize purpose; it merges management
and financing capabilities; it operates in the Sunshine without burdening the County or its
taxpayers; and, by law, it must submit annual reports to show how its functions have been
subject to, and are not inconsistent with, the Collier County Growth Management Plan permits
issued for the use and development of the property.
FACTOR 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.
I have reviewed these area services and find that the community development services and
facilities of the proposed District are not incompatible with the capacity and uses of existing
local and regional community development services and facilities. In fact, once constructed
and approved, the potable water and sanitary sewer services will be turned over to Collier
County Utilities for ownership, operation, and maintenance, to avoid duplication of
government services.
FACTOR 6:
Whether the area that will be served by the district is amenable to separate special- district
government.
My analysis finds that the proposed District is amenable to separate special - district government
and I have concluded that the successful application of the five preceding factors explained
above demonstrates why the proposed District is amenable to separate special - district
government.
I attest that the statements and finding in this nnininn nra tnir.
and accurate to the best of my knowledge.
Engineer's Seal
The foregoing instrument was acknowledged before me this day of
2006, by David A. Hyyti who is personally known to me.
Signature of Notary Pu 'c
Notary's Printed Name AlyL-LA
My Commission Expires:
�r o,�••,
PAMELA M. CASE
MY COMMISSION # DD 393588
EXPIRES: May 24, 2009
'�pfn
Bonded ?hru Notary Public Underwrilers
346g \ \�
6
[ ^NAR
REG�VED
ORDINANCE NO. 05-1
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS TO
CHANGE THE ZONING CLASSIFICATION OF THE
SUBJECT REAL PROPERTY FROM PLANNED UNIT
DEVELOPMENT "PUD" TO "RPUD" FOR THE
DEVELOPMENT KNOWN AS CHAMPION LAKES RV
RESORT, TO CHANGE THE NAME OF THE PUD TO
THE COPPER COVE PRESERVE RPUD AND TO
ABANDON THE PREVIOUSLY AUTHORIZED
RECREATIONAL VEHICLE UNITS AND REPLACE
THEM WITH CONVENTIONAL MIXED RESIDENTIAL
DWELLING UNIT TYPES, WITH A MAXIMUM OF 300
RESIDENTIAL DWELLING UNITS FOR A PROJECT
DENSITY OF APPROXIMATELY 2.96 UNITS PER
ACRE FOR PROPERTY LOCATED ON THE NORTH
SIDE OF CHAMPIONSHIP DRIVE, IN SECTION 15,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 101 ACRES;
PROVIDING FOR THE REPEAL AND REPLACEMENT
OF ORDINANCE NUMBER 00-21, AS AMENDED, THE
FORMER CHAMPION LAKES RV RESORT PUD; AND
PROVIDING FOR AN EFFECTIVE DATE.
-i
r.� ..
.t1
D. m ON
WHEREAS, D. Wayne Arnold of Q. Grady Minor & Associates, PA, .representing
Champion Lakes Development, LLC, petitioned the Board of County Commissioners to change
the zoning classification of the subject real property as part of Petition PUDZ - 2004 -AR -5879;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
SECTION ONE:
The Zoning Classification of the subject real property as described in Section I of the PUD
Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made
part hereof, located in Section 15, Township 51 South, Range 26 East, Collier County, Florida, is
changed ftm "PUD" to "RPUD" Planned Unit Development to abandon the previously authorized
recreational vehicle use and replace with conventional mixed residential dwelling unit types. A
maximum of 300 residential dwelling units are approved, with a project density of approximately
2.96 units per acre. The appropriate zoning atlas map or maps, as described in Ordinance Number
04 -41, the Collier County Land Development Code, are hereby amended accordingly.
I
SECTION TWO:
Ordinance Number 2000 -21, as amended, known as the Champion Lakes RV Resort PUD,
adopted on April 11, 2000, by the Board of County Commissioners of Collier County, is hereby
repealed in its entirety and replaced with these regulations.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super majority vote of the Board of County
Commissioners of Collier County, Florida, this day of ✓ ,[ L�,, 005.
ATPZ~ST? .• ... A°i:� BOARD OF COUNTY CO RS
DWI iC ;, P?.K COLLIER COUNTY, FLORIDA
Qe _
BY:
D i ! �:, FRED W. COYLE, CHAIRMAN
' .Aitas � •t tltalroan's
App roZ���i�li�%6tl 1 y .
Patrick G. White
Assistant County Attorney
This ordinance filed with the
tory of t te's Office th
day o
and acknowitdge►n of that
f li receiived this day
of �
COPPER COVE PRESERVE
A
MIXED -USE RESIDENTIAL PLANNED UNIT DEVELOPMENT
101.5± Acres Located in Sections H, 14 & 15
Township 51 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
Colonial Homes, Inc.
12220 Towne Lake Drive, Suite 75
Fort Myers, FL 33913
PREPARED BY:
Q. GRADY MINOR & ASSOCIATES, P.A.
3800 Via Del Rey
Bonita Springs, FI 34134
(239) 947 -1144
(23 9) 94 7-03 75 Fax
and
Richard D. Yovanovich
Goodlette Coleman and Johnson, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34104
EXHIBIT "A"
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE
ii
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP,
&
GENERAL DESCRIPTION
1 -1
SECTION II
PROJECT DEVELOPMENT
2 -1
SECTION III
RESIDENTIAL
3 -1
SECTION N
RECREATION
4 -1
SECTION V
PRESERVE
S -1
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6 -1
c�pP�iRCOVE PRESCRVrinrr�.., n,
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of the Developer, to create a Mixed -use
Residential Planned Unit Development (RPUD) of 300 units on 101.5± acres of land located in
Sections 11, 14 & 15 Township 51 South, Range 26 East, Collier County, Florida. The name of
this Planned Unit Development shall be Copper Cove Preserve PUD. The development of Copper
Cove Preserve PUD will be in compliance with the planning goals and objectives of Collier County
as set forth in the Growth Management Plan. The Development will be consistent with the growth
policies and land development regulations adopted pursuant to the Growth Management Plan,
Future Land Use Element and other applicable regulations for the following reasons:
1 • The subject property is within the Urban Mixed Use Residential District, Urban Coastal
Fringe Subdistrict, as identified on the Future Land Use Map of the Future Land Use
Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide
for a variety of residential and mixed -use developments such as Planned Unit
Developments.
2. The proposed residential density of the Copper Cove Preserve PUD is 2.96 dwelling units
per acre and is less than the maximum density of three (3) dwelling units per acre permitted
by the FLUE Density Rating System and the Land Development Code (LDC) and is
therefore consistent with FLUE Policy 5. 1.
3. The Copper Cove Preserve PUD is compatible with and complementary to existing and
future surrounding land uses as required in Policy 5.4 of the FLUE.
4. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
5. The development of the Copper Cove Preserve PUD will result in an efficient and
economical extension of community facilities and services as required in Policy 3.1. of the
FLUE.
6. The Copper Cove Preserve PUD is a large - scale, mixed -use community, and is planned to
encourage ingenuity, innovation and imagination as set forth in the Collier County Land
Development Code (LDC), Residential Planned Unit Development District.
7. The Copper Cove Preserve PUD is planned to incorporate natural systems for water
management in accordance with their natural functions and capabilities as may be required
by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element.
8. All final local development orders for this Project are subject to the Collier County
Adequate Public Facilities Ordinance, Chapter 6 of the Land Development Code.
I'r 1l'PCG I10"V ._.__
Exhibit "9"
ACKNOWLEDGMENT
The Uniform Community Development District Act of 1980, chapter 19(, Florida Statutes
(1999 and hereafter except as otherwise noted)( "Fla. Stat. hereafter "), restricts an limits expressly
the exercise of the state - created District's exercise of its state charter power.;. The petitioner
acknowledges that the District's Board of Supervisors is bound legally and ethic,'tlly to exercise its
general and special powers subject to, and not inconsistent with, the laws and reg nations contained
in the Collier County Water - Sewer District Special Act, and any applicable P. U.D., preliminary
subdivision plat and/or development order as provided in sections 190.004 and 190.012, Fla. Stat.
In light of the statutory restrictions and mandates upon the powers z nd functions of a
community district discussed below, the District will not and cannot diminish th customer base of
the Collier County Water -Sewer :District. Collier County under its ordinance= is the permanent
provider of water and sewer service to the development on which the Commi nity Development
District will be established.
' Also, the 1988 Special Act reestablishing the Collier County Water -Sews T District provides
in Section 21 that: 1) Collier County can mandate connection to its water and sewer facilities; 2)
Collier County can require installation and dedication of water and sewer facilities to the County;
and 3) no water and sewer facilities can be built within the water -sewer district unless the Collier
County Commissioners sitting as the Water -Sewer District Board gives its con sent and approval.
1
The land area which the District will serve is in the jurisdiction of the dependent Collier
County Water -Sewer District and is subject therefore to the terms of the 1988 Special Act. The
community to be served by the District is also subject to P.U.D. and preliminary : ubdivision plat.
In addition, the land area involved is also subject to Collier County Ordinanc -, No. 98 -69, as
amended, utility facilities requirements, as well as the state, regional and local comprehensive plans,
permitting agencies and all related land development regulations.
The Florida Legislature, in section 190.002(1)(a), Fla. Stat. (1991), has fbm.d expressly that
the Community Development District is a solution to the management and capi al infrastructure
financing problems faced by countie -s. In solving these problems, the Commun ty Development
District also provides a method of servicing projected growth without over burl ming other local
governments and their taxpayers. Th.e Legislature has found the Community Development District,
a management entity, is a legitimate solution to infrastructure delivery challenge is.
It is also the expressed policy of the legislature that Community Developr lent Districts are
".... a legitimate alternative method available for use by the private and public sectors, as authorized
by state law, to manage and finance basic services for community development." s. 190.002(2)(b),
Fla. Stat. (1999). This quoted language means that the District is a management to ol for both Collier
County and the petitioner. This management tool is to be used by both the develol er and the county
as authorized in chapter 190, Fla. Stat.
In section 190.002(1)(b), Fla. Stat., the Legislature has found also that :t is in the public
interest that "...the operation of such a district and the exercise by the district of its powers be
consistent with applicable due process, disclosure, accountability, ethics and gc vernment- in -the-
sunshine requirements." This law means that no decision of the Board of Superv: sors can be made
in secret, and that Collier County wi 11 be given ample noticed opportunities to monitor the exercise
2
of the Board of Supervisors' special limited management powers, including those dealing with water
and sewer services. In other words, this language mandates that the district board of supervisors as
a local government works with the Collier County local government.
In regard to possible conflicts between general purpose local government 'aws and actions
of this Community Development District local government, the Legislature has str.ted expressly as
its policy that the exercise by the dish ict of its powers "...comply with all applicat le governmental
laws, rules, regulations and policies governing planning and permitting of the d( velopment to be
serviced by the district to ensure thal neither the establishment nor operation of such a district is a
development order under chapter 380, Fla.. Stat., and that the district so establist. ed does not have
any zoning or permitting powers governing developments." s. 190.002(2)(c), Fla. Stat. In addition,
section 190.003, Fla. Stat., provides that a Community Development District shall function in such
a manner "...that all applicable planing and permitting, rules, regulations and p. )licies control the
development of the land to be serviced by the District."
Even more illustrative of the Legislature's intent is its dispositive language in the "preemptive
and sole authority" section of the Uniform Community Development District Act. s. 190.004(3),
Fla. Stat.
First, the statute states specifically that "...[a]ll governmental, planning, environmental and
land use development laws, regulations and ordinances apply to all development of the land within
a Community Development District." Id. Since the Collier County Water-Sewer District Special
Act is a law of Florida, it applies to all development within the land to be serviced by the proposed
Community Development District. Since "all development" includes by definiti )n utility and other
services, the Collier County Water- Sewer District requirements apply to all d evelopments in the
applicable land area, even after the establishment of the Community Developn lent District.
3
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE: PETITION TO ESTABLISH THE
COPPER COVI COMMUNITY
DEVELOPMENT DISTRICT
AFFIDAVIT ADOPTION WRITTEN, PRE -FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF Collier
1, Craig Wrathell, Managing Partner of Wrathell, Hart, Hunt & 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 Craig Wrathell and I am Managing Partner of Wrathell, dart, Hunt &
Associates, LLC, a Flor da corporation.
3. The prepared, written, pre -filed testimony, submitted under my name to Collier
County relating to the establishment of the Copper Cove Community Development
District, and attached hereto, is true and correct.
4. If I were asked the questions contained in the pre -filed testimony ora ly at the Copper
Cove Community Development District establishment hearing on _
2006, my oral answers would be the same as the written answers prey ented in my pre -
filed testimony.
My pre -tiled testimony generally addresses the nature of the service; and facilities to
be provided by the proposed Copper Cove Community Development District, the
truth and accuracy of tl-ie Petition to establish the proposed District, ind 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 t ie facts alleged
are true and correct to the best of my knowledge and belief.
Executive this _day of 2006.
Craig Wrathell, Managing Partner, Wrathell, Hart, Hunt & Associates, I LC, a Florida
corporation.
raj Wrathell, Managing Partner
SWORN TO and SUBSCRIBED before me by the Affiant, on this day cf
200
K atherin e V. Selchan ` %�`�s�
_. Commission #DD164110
Notary Public State if Florida
. Q _ F wires: Dec 22, 2006
'N9UF F�UQ� Bonded Thru
",..�'' Adantic Bonding Co., Inc. a JA_ J C
F 1 C �l !.� ✓1
Personally Known V/
Type Identification produced
Typed Name of Not iry Public
2
TESTIMONY OF Craig A. Wrathell, Managing Pa tner,
Wrathell, Hart, Hunt and Associates, LLC.
1. Please state your name and business address.
Craig Wrathell
Wrathell, Hart, Hunt & Associates
1200 N.W. 17th Avenue, Suite 13
Delray Beach, Florida 33445
2. By whom are you employed and in what capacity?
Managing Partner
Wrathell, Hart, Hunt & Associates, LLC
3. And what is the nature of your firm's business?
Wrathell, Hart, Hunt and Associates, LLC is a management aid financial
consulting firm headquartered in Delray Beach, Florida. The firm f rovides four
general types of services to its clients:
Management and Treasury Services for Community Development District's
( "CDD ")
Economic studies including market feasibility studies primarily to developers.
Long Term Strategic Planning Studies primarily to Community Development
District's.
Preparation of Special Assessment Studies primarily to Community Development
District's
4. Please describe your experience and credentials, including your
current employment.
Professional Credentials
Master of Arts, International Studies, University of Miami, 1997
Bachelor of Art, Political Science, Florida Atlantic University, 1995
Professional Organizations
Urban Land Institute, 2006
Special Qualifications
• Worked in the private sector for the past eight (8) years ser\ ing public as
well as private sector clients.
Established numerous Community Development Districts (CDDs)
throughout the State of Florida.
Extensive experience in developing and designing tax exempt bonds for
eligible public infrastructure capital financing programs designed to meet
client needs and expectations.
Relevant Experience
Municipal Administration: F=irst City Manager for the City cf Marathon,
Florida Keys State Area of Critical Concern, for over two and one -hall (2.5) years,
with an annual budget of over $12.4 million; establishing 211 municipal
departments, developing and implementing community redevelopme it initiatives.
Administered in a sound fiscal manner; resulting in $4.3 million in reserves
earmarked for infrastructure related capital improvements; maintaining the
lowest millage rate of any full- service municipality in Monroe County. Aided
incorporation efforts for several new municipalities throughout t-le State of
Florida, and performed various administrative tasks and analysis work for the
City of Weston, as assigned by the City Manager and Assistant City Nanager.
• Negotiated transfer of $1.5 million in assets and funds from Monroe
County.
• Lobbied appropriations of $2.78 million wastewater funding ill Governor's
Budget.
• Secured over $1.6 million in grant funds from FRDAP, FDOT, aId DCA.
• Strong leadership role in development of City Comprehensive Plan and
Land Development Regulations consistent with redevelopment initiatives.
• Crated Town of Southwest Ranches Charter and presented local bill to
Broward County Legislative Delegation, resulting in their incc rporation in
November 2000.
Special District Administration: Served as District Manager 'or over 50
Community Development Districts and Special Act Districts throughout the State
of Florida, developing and administering District Budgets totaling ove - $30 million
in annual revenues.
;orAdministered issuancE! of over $300 million in tax exempt muricipal bonds
community improvements.
• Developed and administered budgets to fund administrative, operational
and maintenance needs, water and wastewater utility operation:, and debt
service obligations.
S. Please describe your educational background, with degr,aes earned,
major areas of study, year of degree, institutions attended.
Master of Arts, International Studies, University of Miami, 1997
Bachelor of Art, Political Science, Florida Atlantic University, 1995
6. Do you hold any professional designations or certifications?
None
7. Are you a member of any professional association?
None
8. Prior to your current employment, by whom were you employed and
in what position?
Special District Services, Vice President
9. Have you previously worked with other CDD petitions? Have you
previously prepared a Statement of Regulatory Costs ( "SERC ")?
Yes, most recently I prepared the petition to establish the Landmark of Doral
Community Development District in the City of Doral, Miami -Cade County
(granted establishment). Completed Statement of Estimated RegL latory costs
for the newly forming Waterford Landing Community Development C istrict in the
City of Fort Myers, Lee County.
10. Have you ever been qualified as an expert in the preparation of
such testimony regarding Community Development Districts"
Yes
11. Please summarize your previous work experience relating to CDDs
and special districts in general?
Special District Administration: Served as District Manager 'or over 50
Community Development Districts and Special Act Districts throughoit the State
of Florida, developing and administering District Budgets totaling ove., $30 million
in annual revenues.
;orAdministered issuance of over $300 million in tax exempt mur icipal bonds
community improvements.
3
• Developed and administered budgets to fund administrative, operational
and maintenance needs, water and wastewater utility operatior s, and debt
service obligations.
12. Where in Florida are the districts with which you have w irked?
Statewide
13. Please list the proceedings in which you have been qualified as an
expert witness regarding the establishment (including c)ntractions
and /or additions to) of CDDs and the operation and management of
CDDs.
Establishment: Landmark at Doral and Waterford Landing CDDs.
Operation and Management of CDDs: Beacon Lakes CDD, Bluervaters CDD,
Capron Trail CDD, Caribe Palm -.DD, Century Gardens CDD, Cutlf!r Cay CDD,
Cypress Lakes CDD, Deer Island CDD, Dovera CDD, Golden Lakes CDD, Grand
Haven CDD, Hypoluxo /Haverhill CAD, Journey's End CDD, Keys Cov � CDD, Lake
Ashton CDD, Maple Ridge CDD, Midtown Miami CDD, Oakridge CDD, Port of the
Islands Community Improvement District, Quantum CDD, Reserves & II CDDs,
Summerville CDD, Terracina CDD, Thousand Oaks CDD, E pring Lake
Improvement District, St. Lucie West Services District, Verona Walk CDD,
Westchesters I — VI CDDs, Stoneybrook Oaks CDD, and Landmark at Doral CDD.
14. Do you consider yourself and expert in economic ar alysis and
forecasting in regard to CDDs?
Yes
15. Are you familiar with the geographical areas, type, an J scope of
development and the available services and facilities within - :he Copper
Cove CDD?
Yes
16. Are you familiar with the Petition filed to establish the Capper Cove
CDD?
Yes. I am familiar with the Copper Cove CDD area. I am also fami iar with the
type and scope of development, and services and facilities available with the
Copper Cove CDD.
4
17. What has been your role with respect to the Petition i;o Establish
( "Petition ") Copper Cove Community Development District ( "Copper
Cove CDD)?
I prepared the Statement of Estimated Regulatory Costs (SERC), and I have
provided the CDD team with expert CDD consulting services i evolving the
formation of the Copper Cove CDD.
18. Please generally describe each of the exhibits attac red to the
Petition.
Petition Exhibit 1 is a location map, Copper Cove CDD.
Petition Exhibit 2 is a mebi!s and bounds description of the Proposed Copper
Cove CDD.
Petition Exhibit 3 is the required written consent of the landowner to the
establishment of the ProposE�d Copper Cove CDD.
Petition Exhibit 4 the proposed timetable and the estimated related costs of the
construction for the Copper Cove CDD.
Petition Exhibit 5 is a map of the Copper Cove CDD showing current major trunk
water mains, sewer interceptors, utilities and outfalls.
Petition Exhibit 6 is a the County Urban Mixed Use Residential designation and
Future Land Use Map (FLUM).
Petition Exhibit 7 the Statement of Estimated Regulatory Costs (SERC )
Petition Exhibits 8 -A and 8 -13 are the professional engineer ar d planner's
discussion of the six factors i'or the establishment of the Copper Cove CDD.
Petition Exhibit 9 is the acknowledgement of the County Water -Sewer District
19. Are the contents of the Petition and the exhibits attache i to it true
and correct to the best of your knowledge as of the date your prepared
testimony is filed?
Yes.
20. Why is Colonial Homes, Inc. petitioning for an orc inance to
establish the Copper Cove CDD?
5
The Proposed Copper Cove CDD is the best alternative availatle to deliver
community development services to the area to be served. The CDO will provide
a governmental entity to provide community services and facilities in a manner
that does not financially impact persons residing outside the C )D, and will
provide a responsible perpetual entity capable of making reasonat le provisions
for operation and maintenance of the CDD's services and facilities in the future.
The establishment of the CDD will prevent the general body of taxpayers in
Collier County from bearing the burden for installation of the infra! tructure and
the maintenance of the .above described facilities within the Development
encompassed by the CDD, and will be compatible with the capacity and uses of
existing local and regional services and facilities.
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 Copper Cove
CDD in particular.
21. Based on your experience in CDD management, do you have an
opinion as to whether the proposed Copper Cove CDD is or sufficient
size, sufficient compactness, and sufficient contiguity to be developed
as a functionally interrelated community?
Yes.
22. What is the basis for your opinion?
Based on my previous experience and my review of the exhibits to the Petition,
the proposed Copper Cove (:DD is of sufficient size, compactness ar,d contiguity
to be developed as a functional interrelated community.
23. Based on your experience, do you have an opinion as to whether
Copper Cove CDD is the best alternative available lo provide
community development services and facilities to the area that will be
served?
Yes.
24. What is your opinion and the basis for it?
The Copper Cove CDD is the best alternative to provide community c evelopment
facilities to the area to be served. This is true for the landowrn!rs and the
governmental entities for the following reasons:
From the perspective of current and future property owners in C-opper Cove
CDD, the CDD is the best alternative for providing commur ity facilities,
infrastructure, and services. The land development envisioned fo * the area in
the CDD will require substantial provision of infrastructure, facilities and services.
The CDD is an alternative method to provide these necessary servic �s. The CDD
can access the tax - exempt public capital markets and thereby fund these
facilities and services at a lower cost than the alternative of developer funding.
Furthermore, unlike a homeowners association (HOA), the CDD has the power to
assess property and collect those assessments along with other property taxes.
Therefore, a CDD can fund large capital improvement programs that a HOA
cannot.
With regard to the operations and maintenance of community , acilities and
services, the CDD is also the best alternative. The CDD is preferable to an HOA
or property owners association to future landowners for several rei +sons. First,
unlike a HOA, the CDD collects funds for operations and maintenance directly
from assessments collected along with all other property taxes, a more assured
income stream. Unlike a HOA, a CDD is a unit of local government and it must
hold its meetings in the sunshine and bid out its contracts. A C3D provides
control to the landowners much sooner in time than a HOA. A CDD i ; focused on
providing the community with services, facilities, and their maintenance in a way
the general purpose government, with its competing interests and broad
responsibilities, is not. This level of local control serves the best interests of
property owners in the CDD.
From the perspective of the State of Florida, Collier County, and the water
management district, a CDD is the best alternative for providing community
facilities and their operations and maintenance for a variety of reaso is. First, as
noted above, compared to an HOA, the CDD is a more powerfL I and more
responsive organization for providing and for maintaining infrastructure and
services. Second, with a CDD, the County would have to as3ume some
responsibility for construction, operations, and maintenance of community
facilities and services. EvE!n if the County formed a dependent district to provide
community facilities and services to the area to be served by thi! CDD, and
charged appropriately for these services, the County would be enmeshed in the
responsibilities and in the management. Furthermore, without it CDD, the
County cannot be assured that only residents of the area to be sewed by the
CDD would bear the full costa of the needed facilities and services.
25. Based on your experience, do you have an opinion as to whether
the services and facilities to be provided by Copper Cove C 3D will be
compatible with the land uses and existing local and regional facilities
and services?
7
Yes.
26. What is your opinion and the basis for it?
The Copper Cove CDD's facilities and services within the boundi ries will not
duplicate any available regional services or facilities within the Copper Cove CDD.
The CDD will provide infrastructure services and facilities that do not overlap
with those provided by others and are required under the Development
agreements governing the property.
27. Based on your experience, do you have an opinion as to whether
the area to be included within the Copper Cove CDD is amendable to
bring served by a separate special district government?
Yes, I do. It is my opinion that the area designated to be included in the Copper
Cove CDD is amenable to existence as a separate special district gov,�rnment.
28. What is the basis for your opinion?
It is clear that the lands in the Copper Cove CDD will continue to hz ve the need
for basic infrastructure.
The land area for the Copper Cove CDD has previously been a ialuated for
sufficiency of size, compactness, and contiguity and meets i hose tests.
Therefore, from a professional management perspective, the area to be served
by the proposed boundaries of the Copper Cove CDD is clearly iimenable to
separate special - district governance.
The Copper Cove CDD has been shown the ability to provide facilities and
services to the benefit of its owners and residents, and the size and compactness
of the area will not be inconsistent with the Copper Cove CDD's :apability to
provide those services.
Turning to the economic exhibits and opinions, we will begin
addressing a portion of the Petition to Establish the Copper Cove CDD
boundaries that relate to certain economic analysis matters, including
the exhibits and your expert opinions on economic analysis it sues.
29. Are you familiar with the S.E.R.C.?
Yes.
30. How familiar?
I prepared the SERC in accordance with the statutory requirements.
31. Are there any corrections required?
No. This exhibit is true and correct.
32. In general terms, please summarize the economic analysis you
have presented in the SERC.
First, the boundaries of the Copper Cove CDD will have no cost impact on State,
County or city government beyond the processing of the Pe:ition. The
processing costs are modest and will largely be offset by the filing gees charged
for the formation of CDD's. Second, the boundaries will have no negative
economic impact on the future residents of the CDD. Third, the CIDD will not
have any impact on small businesses.
33. Please describe briefly the data and methodology yi ou used in
preparing the SERC and related analysis.
The data for the analysis came from the landowner, other experts working on
the Petition, and from the Petition itself. The methodology is a standard
economic impact assessment.
Turning now to the state and local comprehensive plan criteria of
Section 190.005(1)(e)2., do you have an opinion as to w tether the
establishment of Copper Cove CDD is inconsistent with any applicable
element or portion of the State Comprehensive Plan?
34. What is your opinion?
It is my opinion that the establishment of the Copper Cove CDD is not
inconsistent with any applicable element or portion of the state comprehensive
plan.
35. What is the basis for that opinion?
I have reviewed, from a planning perspective, the State Comprehonsive Plan,
particularly those portions which relate to CDD's. The State of Florida
Comprehensive Plan (Chapter 187, Florida Statutes) "provides long -i ange policy
guidance for the orderly social, economic, and physical growth of the state."
From a planning perspective!, four subjects, subject 15, 20, 25, and 17 of the
comprehensive Plan are relevant to the establishment of a CDD.
36. What is Subject 15 and why is it relevant?
0
Subject 15, entitled Land use, recognizes the importance of locating
development in areas that have the fiscal abilities and service capacity to
accommodate growth. It is relevant because CDD's are designed to provide
infrastructure services and facilities in a fiscally responsible manner to the areas
which can accommodate development. The establishment of the Zopper Cove
CDD will not be inconsistent with this goal because Copper Cove CDD will have
the fiscal capability to provide the specified services and facilities within its
boundaries. The CDD area is currently raw land without any development. At
this time, the landowners intend to form one CDD to provide the CDD area with
infrastructure and community services.
37. What is Subject 20 and why is it relevant?
Subject 20, entitled Governmental Efficiency of the State Compre iensive Plan
provides that governments shall economically and efficiently provide the amount
and quality of services required by the public. The proposed Copp(!r Cove CDD
will be consistent with this element because the proposed Copper G)ve CDD will
continue to:
1. Cooperate with other levels of Florida governmei it.
2. be established under uniform general law s:andards as
specified in Chapter 190, Florida Statutes;
3. be professionally managed, financed, and governed by those
whose property directly receives the benefits;
4. not burden the general taxpayer with costs for services or
facilities inside Copper Cove CDD; and
5. Plan and implement cost efficient solutions for -:he required
public infrastructure and assure delivery of selected services
to residE!nts.
38. What is Subject 25 and why is it relevant?
This subject calls for systematic planning capabilities to be integri ted into all
levels of government throughout the state, with particular emphasis on
improving intergovernmental coordination and maximizing citizen i 1volvement.
The proposed Copper Cove CDD will be consistent with this element Df the State
Comprehensive Plan because:
1. the proposed Copper Cove CDD will systematicidly plan for
the construction, operation and maintenance a the public
improvements and the community facilities authc rized under
10
Chapter 190, Florida Statutes, subject to and not
inconsistent with the local government comprE hensive plan
and development regulations;
2. Copper Cove CDD meetings are publicly advertised and are
open to the public so that all Copper Cove CDD property
owners and residents can be involved in Manning for
improvements;
3. Section 189.415, Florida Statutes, requires Copper Cove CDD
to file and update public facilities reports with the County,
which it may rely upon in any revisions lo the local
comprel-iensive plan.
39. Are there any other subjects within the State Comprehonsive Plan
which are relevant?
Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of
Subject 17 relate to (i) protecting investments in existing public Facilities; (ii)
providing financing for new facilities, (iii) allocating the costs of new public
facilities on the basis of the benefits received by future re! idents; (iv)
implementing innovative but fiscally sound techniques for financing public
facilities; and (v) identifying and using stable revenue sources f )r financing
public facilities.
40. Do you have an opinion, as someone with expertise in p anning, as
to whether the establishment of Copper Cove CDD is incons stent with
any applicable element or portion for the Collier County Comprehensive
Plan?
Yes.
41. What is that opinion?
The establishment of the Copper Cove CDD is not inconsistent with any
applicable element or portion of the Collier County Comprehensive PIE n.
42. What is the basis for this opinion?
Chapter 190, Florida Statutes, prohibits any community developer ent district
from acting in a way inconsistent with the local governments' comprehensive
plan, and the exercising of any power must be done with the comprehensive
plan in mind. Thus, any activities of the CDD must be in compliance 1vith County
procedures and the use of those powers granted to the CDD does not make it
inconsistent with the local Collier County Comprehensive Plan. I hZ ve examined
the Future Land Use Element (FLUE) of the Collier County Plan and _he proposed
land uses within the proposed CDD are consistent with the authorized uses
contained in the FLUE.
43. Does this conclude your testimony?
Yes.
12
BEFORE THE BOARD OF COMMISSIONERS
COLI.,IER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE: PETITION TO :E;STABLISH THE
COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT
AFFIDAVIT ADOPT] ON 'WRITTEN, PRE -FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, David A. Hyyti, P.E. do hereby sate for my affidavit as follows:
1. I have personal knowledge of the matters set forth in this affidavit.
2. My name is David A. Hyyti
3. The prepared, written, pre -filed testimony, submitted under my name to Collier
County relating to the establishment of the Copper Cove Community Development
District, and attached hereto, is true and correct.
4. If I were asked the questions contained in the pre -filed testimony ora. ly at the Copper
Cove Community Development District establishment hearing on
2006, my oral answers would be the same as the written answers pre<ented in my pre -
tiled testimony.
5. My pre -tiled testimony generally addresses the nature of the services and facilities to
be provided by the proposed Copper Cove Community Development District, the
truth and accuracy of the Petition to establish the proposed District, aid compliance
with the factors to be considered in the establishment of a community development
district.
Under penalties of perjury. I decla;-e that I have read the foregoing and th,- facts alleged
are true and correct to the best of mfr knowledge and belief.
Executed this day of _ �N 2006.
B OP�Y David A. H
p !4
S RN TO and SUBSCRIBED ber'ore nee by the Affiant, on this 1 , day of
,, ,6 2006,
Personally Known_
Type Identification produced
ate; e
Notary Public State o Florida
Typed Name of Notal y Public
�jy COMI HSSi0N K DD 393588
:.:
EXPIf ES: May 24, 2009
-'�F •T >'U; °� B,ndxd Thr NG'ary P,tlir Ur'JQ IIQrS
7
TESTIMONY" OF David A. HWJ. P.E.
1. Please state your name and business address.
David A. Hyyti, P.E.
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Fl. 34134
2. By whom are you employed and in what capacity?
I am currently employed as a professional engineer with Q. Grady Minor and
Associates, P.A., and I am Vice President in the Company.
3. And what is the nature of your firm's business?
Q. Grady Minor and Associates, P.A., provides engineering, surveyini I /mapping,
land planning and landscape design services to private and governmEntal clients
directly and through the use of sub - consultants.
4. Please describe your experience and credentials, including your
current employment.
I am a Registered Professional Engineer in the State of Florida with :1 years of
engineering experience.
S. Please provide your professional background, with degrees earned,
major areas of study, year of degree, and institutions attendecl.
I graduated from Youngstown State University in Ohio in 1984 with a 11achelor of
Science in Civil Engineering and am currently enrolled in the EMBA program at
FGCU
6. Do you hold any professional designations or certifications?
I received my license as a Professional Engineer in the State of Florica in 1989,
P.E. #41036
7. Are you a member of any professional associations?
I'm a member of the Florida Engineering Society the National Society o
Professional Engineers and the Urban Land Institute.
8. Prior to your current employment, by whom were you employed and
in what position?
I was previously employed by EarthMark Companies directing development
activities on several of their land development projects. That work i 1cluded the
establishment and implementation of two Community Development Districts.
One district is in Lee County and the other one is in Hillsborough Ccunty. Prior
to that I worked with WilsonMiller, Inc. as a land development project manager.
9. Do you consider yourself an expert in civil engineering?
Yes
10. Please describe your experience with civil engineering relating to
community development districts ( "CDDs") and special districts?
I have provided engineering services for several CDD's throughout my career
both as a developer's consultant setting up and establishing Districts a id as
District Engineer during the ongoing operations of the several Districts Those
Districts include: Herons Glen (CFM CDD), Bay Creek CDD, the BaysidE
Improvement District and the Brooks CDD's in Lee County, the Riverwo>od CDD in
Charlotte County and the South Bay CDD in Hillsborough County. I wE s directly
responsible for the creation of the capital improvement project programs for
most of those districts resulting in the issuance of over $136,000,000 of capital
improvement bonds.
11. Do you consider yourself an expert in civil engineering, capable of
rendering expert opinions on CDDs, and specifically on infrestructure
for CDD services?
Yes
12. What has been you role with respect to the Petition to Establish
( "Petition') Copper Cove Community Development District ( "CDD')?
I created the Exhibit maps and the capital improvement budget and rE ndered an
opinion regarding the six n t:hE:!
13. Are you familiar with the Petition filed to establish Copper Cove
CDD?
2
I have reviewed the Petition and its attachments, and I am familiar with the
materials.
14. Have you reviewed the contents of the Petition?
Yes
15. Are there any changes or corrections to the Petition at thi : time?
Not that I am aware of.
16. Are there any changes or corrections to any of they exhibits
attached to the Petition at this time?
Not that I am aware of.
17. Are you generally familiar with the geographical areas, type, and
scope of development and the available services and facilit es within
the Copper Cove CDD?
Yes. I am familiar with the ,:area within Copper Cove CDD ( "CDD Area "). I am
also familiar with the services and facilities available within Copper CoN e CDD.
18. Please provide us with a brief description of Copper Cove CDD
boundaries and location?
The proposed Copper Cove CDD is approximately 101.558 acres, as do scribed by
the sketch contained in the Petition. It is located wholly in unincorpor ited Collier
County, on the east side of County Road 951, approximately 3 mile( ;) south of
the intersection of U.S. 41 and C.R. 951.
19. Please describe Exhibit "1 -A and 1 -113" (Le., location map); Exhibit
"2" sketch and metes and bounds legal description of the boundaries of
District:; and Exhibit 4 (i.e., map of the proposed stormwai.er sewer
interceptors and outfalls, map of proposed water mains ;end force
mains, and the map of the existing infrastructure) of the Petition.
Exhibit 1 -A is general proje�-t location map showing the proposed District's
location within Collier County relative to major roadways.
Exhibit 1 -13 is an aerial overlay of the proposed district showing it's orientation to
adjacent projects.
3
Exhibit 2 is a sketch and written legal description of the District boundary which
contains approximate 101.558 acres.
Exhibit 4 is a map prepared by Grady Minor depicting the proposed site
development plan and the primary infrastructure service locations.
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, rival estate
development, and the development of lands within Copper Cove CDD in
particular.
21. Based on your experience, do you have an opinion as to whether
the proposed Copper Cove CDD is of sufficient size, sufficient
compactness, and sufficient contiguity to be develop, !d as a
functionally interrelated community?
Yes
22. What is your opinion?
Based on my previous experience and review of the Petition ar d exhibits
attached thereto, the proposed Copper Cove CDD is of suffi :lent size,
compactness and contiguity to be developed as a functional i iterrelated
community.
23. What is the basis for your opinion?
The project is basically a square and could not be much more cor ipact. The
proposed land use and development of the land has been planned to be a
functional interrelated community.
24. Based on your experience, do you have an opinion as to whether a
CDD is the best alternative available to provide community
development services and facilities to the area that will be ser ted?
Yes.
4
25. What is your opinion and the basis for your opinion?
Based on my experience, the lower rate tax exempt financing availab a through a
CDD is more economical t'ian other sources of developer fund ng for the
construction of community infrastructure. A District also p -ovides for
professional long term manageme it of the ongoing maintenance operations of a
community.
26. Based on your experience, do you have an opinion as 0 whether
the services and facilities to be provided by the proposed COD will be
compatible with the uses and existing local and regional facilities and
services?
Yes
27. What is the basis of your opinion?
Copper Cove CDD facilities and services will provide those services t lat are not
provided by Collier County such as landscape and irrigation maintenance, lake
maintenance and exotic control. Water and sewer facilities instal'ed by the
District will be turned over to Collier County for ownership and maintenance so
as to not duplicate efforts in providing services to the community.
28. Based on your experience, do you have an opinion as to whether
the area to be included within the proposed CDD is amenably; to being
served by a separate special district government?
Yes, I do. It is my opinion 1::hat the area designated to be included in Copper
Cove CDD is amenable to continued existence as a separate spe,:ial district
government.
29. What is the basis for your opinion?
It is clear that the development within Copper Cove CDD will continue to have
the need for basic infrastructure services.
The land area for Copper Cove CDD has been evaluated for sufficier cy of size,
compactness, and contiguity and meets those tests. Therefore, from a
professional management perspective, the area to be served by Copper Cove
CDD is clearly amenable to separate special - district governance.
The proposed Copper Cove C.7D has the ability to provide facilities ar -d services
to the benefit of its owners and residents, in an efficient and effective manner.
5
30. Turning now to the state and local comprehensive plan criteria of
Section 19O.005(1)(e)2., do you have an opinion as to whether the
establishment of the proposed CDD is inconsistent with any applicable
element or portion of the State Comprehensive Plan?
Yes
31. What is your opinion?
It is my opinion that the establishment of Copper Cove CDD is not nconsistent
with any applicable element or portion of the state comprehensive pla 1.
32. What is the basis of your opinion?
I have reviewed the State Comprehensive Plan, particularly those por_ions which
relate to CDD's. The State of Florida comprehensive Plan (Chapter 187, Florida
Statutes) "provides long -range policy guidance for the orderly social, economic,
and physical growth of the state." From a community development r erspective,
four subjects, subject 15, 20, 25, and 17 of the State Comprehensive Plan are
relevant to the establishment of a CDD.
33. What is Subject 15 and why is it relevant?
Subject 15, entitled Land use, recognizes the importance cf locating
development in areas that have the fiscal abilities and service capacity to
accommodate growth in and environmentally sensitive manner. It is relevant
because CDD's are designed to provide infrastructure services and fa --ilities in a
fiscally responsible manner to the areas which can accommodate de felopment.
The establishment of the Copper Cove CDD will not be inconsistent wit h this goal
because Copper Cove CDD will have the fiscal capability to provide the specified
services and facilities within its boundaries. The CDD area is a, rrently an
undeveloped RPUD, once established, the CDD will provide the area with
infrastructure and community services as need to accommodate tre planned
growth.
34. What is Subject 20 andl why is it relevant?
Subject 20, entitled Governmental Efficiency provides that governn ents shall
economically and efficiently providE! the amount and quality of services required
by the public. The proposed Copper Cove CDD will be consistent with this
element because the CDD will continue to:
1. Cooperate with other levels of Florida government.
R
2. be estai:)lished under uniform general law st 3ndards as
specified in Chapter 190, Florida Statutes;
3. be profe! ;sionally managed, financed, and govern 2d by those
whose properly directly receives the benefits;
4. not burden the general taxpayer with costs for services or
facilities inside Copper Cove CDD; and
5. Plan and implement cost efficient solutions for tie required
public infrastructure and assure delivery of selected services
to residents.
35. You also mentioned Subject 25. What is this and why is it
relevant?
This subject calls for systematic planning capabilities to be integra-:ed into all
levels of government throughout the state, with particular emphasis on
improving intergovernmental coordination and maximizing citizen involvement.
The proposed Copper Cove CDD will be consistent with this element c f the State
Comprehensive Plan because:
1. The proposed Copper Cove CDD will systematica ly plan for
the construction, operation and maintenance of the public
improvements and the community facilities author ized under
Chapter 190, Florida Statutes, subject to and not
inconsistE!nt with the local government compreh( nsive plan
and development regulations;
2. Copper Cove CDD meetings are publicly advertis(!d and are
open to -,:he public so that all Copper Cove CDD property
owners and residents can be involved in pli nning for
improvements;
3. Section 1139.415, Florida Statutes, requires Copper Cove CDD
to file and update public facilities reports with the County,
which it may rely upon in any revisions to the local
comprehensive plan.
36. Are there any other subjects within the State Comprehensive Plan
which are relevant?
Yes, Subject 17 entitled Public Facilities. The applicable goal and )olicies of
Subject 17 relate to (i) protecting investments in existing public facilities; (ii)
planning and providing financing fur new facilities, (iii) allocating th ! costs of
new public facilities on the basis of the benefits received by future resi cents; (iv)
implementing innovative but fiscally sound techniques for financing public
facilities; and (v) identifying and using stable revenue sources for financing
public facilities.
7
The proposed CDD incorporates all of these policies and is recognized by Chapter
190 as an alternative method to manage and finance services for community
development.
37. Do you have an opinion, as someone with expertise in cDmmunity
development, as to whether the establishment of Copper Cove CDD is
inconsistent with any applicable element or portion of tie Collier
County Comprehensive Plan?
Yes.
38. What is your opinion?
The establishment of the i:oppE.,r Cove CDD is not inconsistent with any
applicable element or portion of the Collier County Comprehensive Plan.
What is the basis for this opinion?
Chapter 190, Florida StatutE!s, prohibits any community developm+nt district
from acting in a way inconsistent with the local governments' com :)rehensive
plan, ordinances, or regulations. Thus, any activities of the CDD must be in
compliance with County proMdures and the use of those powers granted to the
CDD does not make it inconsistent with the local Collier County Com )rehensive
Plan. I have also examined the Future Land Use Element (FLUE) of the Collier
County Plan and the proposed land uses within the proposed CDD are consistent
with the authorized uses contained in the FLUE.
39. Does this conclude your testimony?
Yes.
8
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF ALABAMA
COUNTY OF MONTGOMERY
IN RE: PETITION TO ESTABLISH THE
COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT
AFFIDAVIT ADOPTION WRITTEN, PRE -FILED TESTIMONY
STATE OF ALABAMA
COUNTY OF MONTGOMERY
1, Alan S. Farrior, President of Colonial Homes, Inc., an Alabama corporation, bring 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 Alan S. Fa.rrior and I am President of Colonial Homes, In;.. an Alabama
corporation.
3. The prepared, written, pre -filed testimony, submitted under my name o Collier
County relating to the establishment of the Copper Cove Community Development
District, and attached her..to, is true and correct.
4. If I were asked the questions contained in the pre -filed testimony oral] , at the Copper
Cove Community Development District establishment hearing on
2006, 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 propposed Copper Cove Community Developmei t District, the
truth and accuracy of toe Petition to establish the proposed District, and compliance
with the factors to be considered in the establishment of a communi y 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 '� �-'& day of January, 2006.
by , an Alabama corporation, its general pa er,
By
Alan S. Farrior, resident
SWORN TO and SUBSCRIBED before me by the Aftiant, on thiaa L4A day c f January, 2006,
Notary P is State cf Alabama
r I
� r,
�l �l,L!_ fb)
Typed Na e of Not iry Public
Personally Known
Type Identification produced —
2
Copper Cove Community Development District
Testimony of Alan S. Parrior, President of Colonial
Homes, Inc.
1. Please state your name and business address.
My name is Alan S. Farrior. My business address is 2000 Interstate Park Drive,
Suite 400, Montgomery, Alabama 36104
2. By whom are you employed and in what capacity?
I am the President of Colonial Homes, Inc.
3. Please describe your duties in this position.
As President, I am responsible for the overall corporate development philosophy
for the developments we build, and for the oversight of all operations of the
Company.
4. Please describe your experience and credentials, inclu ling your
current employment.
I have been in the land development business and homebuilding business for 28
years and am currently President and Chief Executive Officer of Colonial Homes,
Inc. and Lowder New Homes, Inc. I also serve as a Life Director on National
Association of Home Builders.
S. How long have you held this position?
I have been President and Chief Executive Officer of Colonial Homes Inc. since
inception and for 16 years as President and Chief Executive Officer of Lowder
New Homes, Inc.
6. Are you generally familiar with the geographic areas, -ype, and
scope of development and the available services and facilities within
the proposed Community Development District to be known as Copper
Cove Community Development District?
Yes. I am familiar with the Cropper Cove CDD area. I am also famili it with the
type and scope of development and the available services and facilitieE within the
Copper Cove CDD.
Copper Cove Community Development District
Testimony of Alan S. Parrior, President of Colonial
Homes, Inc.
7. Please describe your involvement with the Petition for an Ordinance
to Establish the Copper Cove Community Development District
( "Petition ")?
I have been involved with the formation of the Copper Cove C11D since its
inception. I was involved in the planning stages of the Copper Cove --DD, and in
the preparation of the CDD Petition and exhibits.
S. Have you reviewed the contents of the Petition?
Yes, I have reviewed and approved the contents of the Petition and the Exhibits.
9. Are there any changes or corrections to any of the Exhibit; attached
to the Petition at this time?
No.
10. Are the contents of the Petition and Exhibits true and coreect to the
best of your knowledge?
Yes.
11. In response to this Petition, what action has Collier County Taken?
Collier County published a notice of the public hearing once a wE ek for five
consecutive weeks in the Naples Daily News. A copy of the proof of publication
was submitted at the commencement of the hearing.
12. Approximately how large is the land area proposed to be in the
Copper Cove CDD?
Approximately 101.5 acres.
13. Who are the Owners of the proposed land to be included in the
Copper Cove CDD?
Colonial Homes, Inc. is the sole landowner of the proposed land within the
Copper Cove CDD.
2
Copper Cove Community Development District
Testimony of Alan S. Parrior, President of Colonial
Homes, Inc.
14. Have the Owners Provided and Affidavit of Ownership acid Consent
to the Creation of the Copper Cove CDD?
Yes.
15. Does this conclude your testimony?
Yes.
^ • .Y{. ,• •• -• - - 'T'._ I\ r. 11 T k 1 +. I1 11. T 1, LJ IA I l I I a.{. I L,. J.l I I t
Policy Number SDC 497593
* 9
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein calved the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein,
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the Mill,
as insured, but only to the extent provided in the Ccnd -bons and Stipulations.
IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its
corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when
countersigned by an authorized officer or agent of the Company
Issued through the Office of
V
Actno red S�gnato'r
0117 Form 331 ALTA Owner's Pai:y 10-' 7 -92
with fiyCa maihcallons
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South. Minneapolis, Minnesota 55401
(6121371.1111
President
Attest • �, d Secretary
OLD REPUBLI%- NATIONAL TITLE INSURANCE COMPANY
OWNER'S POLICY
Schedule A
Policy No.: Effective Date: Agent's File Reference:
SDC- 497593 May 5, 2004 @ 01:38 PM THG COLON SMELA
Amount of Insurance: $11,500,000.00
1. Name of Insured: COLONIAL HOMES, INC.
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify
same) and is at the effective date hereof vested in the named insured as shown by instruments recorded in Official
Records Book 3556, Page 1619, and Official Records Book 3556, Page 1622, all of the Public Records of Collier
County, Florida.
3. The land referred to in this policy is described as follows:
See Exhibits "A" and "B" attached hereto.
Issuing Agent:
HENDERSON, FRANKLIN, STARNES &
HOLT, P.A. (Fort Myers)
1715 Monroe St
P. O. Box 280
Fort Myers, FL 33902
Agent No.: B09099
Agent's ignature
THOMAS H. GUNDERSON
Attorney at Law
Form OPM -SCH. A
(rev. 1/98) DcubleTlme®
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
OWNER'S POLICY
Schedule B
Policy No.: Agent's File Reference:
SDC- 497593 THG COLON SMELA
This policy does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing
liens by the public records.
2. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured
hereunder, including submerged, filled or artificially exposed lands and lands accreted to such lands.
3. Subject land lies within the boundaries for Solid Waste Collection, Collier County, and will be subject to future
assessments for said collection services. The assessments for the current year are payable with the ad valorem taxes.
4. Any lien provided by Chapter 159, Florida Statutes, in favor of any municipality or authority for unpaid charges for
services by any water, sewer or gas system to the land described herein.
5. The nature, extent and existence of riparian rights are not insured.
6. Right -of -Way Agreement recorded in Official Records Book 817, Page 219, Collier County, Florida. (as to Exhibit A-
Section 11)
7. Easement granted to Florida Power & Light Company recorded in Official Records Book 1157, Page 753, Collier
County, Florida. (as to Exhibit A- Section 11)
8. Right -of -Way Agreement granted to Florida Power and Light Company recorded in Official Records Book 831, Page
1470, Collier County, Florida. (as to Exhibit A- Section 14)
9. Dedications, easements and other matters stated and shown on map of Pelican Lake R.V. Resort Unit One recorded at
Plat Book 27, Pages 82 through 85, of the Public Records of Collier County, Florida. (as to Easement Parcel)
10. Dedications, easements and other matters stated and shown on map of Pelican Lake R.V. Resort Unit Four recorded at
Plat Book 30, Pages 16 through 18, of the Public Records of Collier County, Florida. (as to Easement Parcel)
11. Dedications, easements and other matters stated and shown on map of Fiddler's Creek Phase 1B, Unit Three recorded
at Plat Book 29, Pages 77 through 85, of the Public Records of Collier County, Florida. (as to Easement Parcel)
12. Easement for roadway as described in Deed recorded in Official Records Book 178, Page 452; and partially vacated by
Vacation of Easements recorded in Official Records Book 2783, Page 2615, Public Records of Collier County,
Florida. (as to Easement Parcel)
13. Mortgage in the sum of $1,000,000.00 from COLONIAL HOMES, INC., a Florida corporation, to CHAMPION
LAKES DEVELOPMENT, LLC, recorded 5/5/2004 in Official Records Book 3556, Page 1626, of the Public Records
of Collier County, Florida.
Form opm -sch B
(rev. 5194) DoubleTlmeO
OR: 3556 PG: 1629
PROPERTY DES ON
A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 11 AND THE
NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 01 °58'30" EAST, ALONG
THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF
977.17 FEET; THENCE RUN SOUTH 88 °1,03" EAST FOR A DISTANCE OF 440.00 FEET;
THENCE RUN SOUTH 01 *38'30" WEST FOR A DISTANCE OF 101.13 FEET; THENCE
RUN NORTH 88 005' 15" WEST FOR A DISTANCE OF 40.00 FEET; THENCE RUN SOUTH
01 058'30" WEST FOR A DISTANCE OF 108.24 FEET; THENCE RUN SOUTH 88 °05'18"
EAST FOR A DISTANCE OF 327.16 FEET TO A POINT ON A CIRCULAR CURVE,
CONCAVE SOUTIMAST, WHOSE RADIUS POINT BEARS SOUTH 88 °17'11" EAST, A
DISTANCE OF 140.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG
THE ARC OF SAID CURVE TO THE RIGHT, RAVING A RADIUS OF 140.00 FEET,
THROUGH A CENTRAL ANGLE OF 90 002'49 ", SUBTENDED BY A CHORD OF 198.07
FEET AT A BEARING OF NORTH 46 044' 14" EAST, FOR A DISTANCE OF 220.03 FEET TO
THE END OF SAID CURVE; THENCE RUN SOUTH 88 °1422" EAST FOR A DISTANCE
OF 5 10. 14 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 01 °42'49" WEST, ALONG
THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION
11, FOR A DISTANCE OF 910.75 FEET TO A POINT ON THE SOUTH LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 88 °05'18" EAST, ALONG
THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 11, FOR A DISTANCE
OF 690.46 FEET TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00 °01'4 V
WEST, ALONG THE EAST LINE OF THE WEST 1/2 OF T1E NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 1,389.59 FEET TO A
POINT ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID
SECTION 14; THENCE RUN NORTH 88°20'44" WEST, ALONG THE SOUTH LINE OF THE
NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF '
2,077.67 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE
NORTHWEST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 00 °1750" EAST, ALONG
THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 14, FORA DISTANCE OF
1,398.73 FEET TO THE POINT OF BEGINNING; CONTAINING 94.732 ACRES, MORE OR
LESS.
1 of 2
AND
KRESSE PARCEL
OR: 3556 PG: 1630 i
THAT PORTION OF THE NORTH 1/2 OF THE NORTH 1/2 OF SECTION 15,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING
EASTERLY OF STATE ROAD 951 (ISLE OF CAPRI ROAD), LESS AND EXCEPT
THE SOUTHERLY 1,100.00 FEET THEREOF AND LESS AND EXCEPT THE
NORTHERLY 220.00 FEET THEREOF; CONTAINING 6.826 ACRES, MORE OR
LESS.
i.R1I C
EASEMENT PARCEL
TOGETHER with those certain non - exclusive right -of -way easements for ingress and
egress as more particularly described by Deeds recorded in Official Records Book 189,
page 327; Official Records Book 234, page 869 and Official Records Book 234, page
383, Lee County, Florida
2of2
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EXCLUSIONS FROM COVEr
The following matters are expressly exclur.,.,, from the coverage
of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which may arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but
not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (il the occupancy, use,
or enjoyment of the land; Iii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the
land or any parcel of which the land is or was a part, or iivl
environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a viclation or aiieged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public, records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
1 Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
Ib) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured. claimant prior to
the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured clamant;
loll attaching or creating subsequent to Date of Policy; or
le) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
4 Any claim, which arises out of the transaction vesting in the
insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors'
rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this
policy being deemed a fraudulent conveyance or fraudulent transfer, or
(b) the transaction creating the estate or interest insured by this
policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
li) to timely record the instrument of transfer, or
(1i) of such recordation to impart notice to a purchaser for
value or a judgment of lien creditor.
CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in this policy mean:
(a) "insured the insured named in Schedule A, and, subject to
any rights or defenses the Company would have had against the
named insured, those who succeed to the interest of the named
insured by operation of law as distinguished from purchase including,
but not limited to, heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate or fiduciary successors
(bl ''insured claimant ": an insured claiming loss or damage.
Ic) ''knowledge'' or "known': actual knowledge, not
constructive knowledge or notice which may be imputed to an insured
by reason of the public rr s as defined in this policy or any other
records which impart cons,—ctive notice of matters affecting the land.
(d) "land" the land described or referred to in Schedule A, andl
improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines of
the area described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abutting streets, roads,
avenues, alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the
land is insured by this policy.
le) ''mortgage ": mortgage, deed of trust, trust deed, or other
security instrument.
If) "public records": records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without
knowledge. With respect to Section ila)(iv) of the Exclusions from
Coverage, "public records' shall also include environmental protection
liens filed in the records of the clerk of the United States District
Court for the district in which the land is located.
(g) "unmarketability of the title': an alleged or apparent matter
affecting the title to the land, not excluded or excepted from
coverage, which would entitle a purchaser of the estate or interest
described in Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring the delivery of
marketable title.
2. Continuation of Insurance After Conveyance of Titter
The coverage of this policy shall continue in force as of Date of
Policy in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from the insured, or
only so long as the insured shall have liability by reason of covenants,,
of warranty made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or interest in
the land, or Iii) an indebtedness secured by a purchase money
mortgage given to the insured.
3. Notice of Claim to be Given by Insured Claimant.
The insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 4(a) below, (ii) in case
knowledge shall come to an insured hereunder of any claim of title or
interest which is adverse to the title to the estate or interest, as
insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii( if title to the
estate or interest, as insured, is rejected as unmarketable. If prompt
notice shall not be given to the Company, then as to the insured all
liability of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided, however, that
failure to notify the Company shall in no case prejudice the rights of
any insured under this policy unless the Company shall be prejudiced
by the failure and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions, Duty of Insured Claimant to
Cooperate.
(a) Upon written request by the insured and subject to the
options contained in Section 6 of these Conditions and Stipulations,
the Company, at its own cost and without unreasonable delay, shall
provide for the defense of an insured in litigation in which any third
party asserts a claim adverse to the title or interest as insured, but
only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice (subject
to the right of the insured to object for reasonable cause) to
represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of ether counsel. The
Company will not pay any fees, costs or expenses incurred by the
insured in the defense of those causes of action which allege matters
not insured against by this policy.
(b) The Company shall have the right, at its own cost, to
institute and prosecute any action or proceeding or to do any other
act which in its opinion may be necessary or desirable to establish
the title to the estate or interest, as insured, or to prevent or reduce
loss or damage to the insured. The Company may take any
appropriate action under the terms of this pcl cy, whether or not it
shall be liable hereunder, and shall not thereby concede liability or
wave any provision of this policy. If the Company shall exercise is
rights under this paragraph, it shad do so diligently.
(c) Whenever the Company shall have brought an action or
interposed a defense as required or permitted by the provisions of
this policy, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse
Judgment or order.
Id) tr alp cases where this policy peimits or requires the
Company to prosecute or provide for the defense of any action or
proceeding, the insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the
name of the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give the
Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (;i) in any other lawful act
which in the opinion of the Compary may be necessary or desirable
to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure cf the insured to furnish the
required cooperation, the Company's obligations tc the insured under
the policy shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with regard to the
matter or matters requiring such cooperation.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of
these Conditions and Stipulations have been provided the Company, a
proof of loss or damage signed and sworn to by the insured claimant
shall be furnished to the Company within 90 days after the insured
claimant shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the tale, or other matter insured against by this
policy which constitutes the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of the loss
or damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage, the
Companys obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matter: requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to
submit to examination under oath by any authorized representative of
the Company and shall produce for examination, inspection and
copying, at such reasonable times and places as may be designated
by any authorized representat ve of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a
date before or after Date or Policy, which reasonably pertain to the
loss or damage. Further, if requested by any authorized representative
of the Company, the insured claimant shall grant its permission, in
writing, for any authorized rep�esentatve of the Company to examine,
inspect and copy all records, books, ledgers, checks, correspondence
and memoranda in the cus,...,y or control of a third party, which
reasonably pertain to the loss or damage. All information designated
as confidential by the insured clamant provided to the Company
pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit
for examinatior under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary
information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that
claim.
6 Options to Pay or Otherwvse Settle Claims, Termination of
Liability
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred
by the insured claimant, which were authorized by the Company, up to
the time of payment or tender of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, and the policy shall
be surrendered to the Company for cancellation.
(b) To Pay_or_Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant
(i) to pay or otherwise settle with other parties for or in
the name of an insured claimant any claim insured against under this
policy, together with any costs, attorneys fees and expenses incurred
by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay; or
Iii; to pay or otherwise settle with the insured claimant
the loss or damage provided for under this policy, together with any
costs, attorneys fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in paragraphs (b)O or (ii(, the Company's obligations to
the insured under this policy for the claimed loss or damage, other
than the paymerts required to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue any litigation.
7. Determination, Extent of Liability
This policy is a contract of indemnity against actual monetary
loss or damage sustained or incurred by the insured claimant who
has suffered loss or damage by reason of matters insured against by
this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not
exceed the least of-
(i) the Amount of Insurance stated in Schedule A, or,
(ii) the difference between the value of the insured estate
or interest as insured and the value of the insured estate or interest l
subject to the defect, lien or encumbrance insured against by this
policy.
Ib) The company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of the Conditions and'
Stipulations.
8 Apportionment
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is established
affecting one or more of the parcels but not all, the loss shall be
111SUMAX UnUel [1113 pU116'y wd5 UIVIUCU plU lard d5 lU LIM YOIUC Ulf
Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or
value has otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached
to this policy.
9. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged
defect, lien or encumbrance, or cures the lack of a right of access to
or from the land, or cures the claim of unmarketability of title, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final determination
by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any
insured for liability voluntarily assumed by the insured in settling any
claim or suit without the prior written consent of the Company.
10. Reduction of Insurance; Reduction or Termination of Lability
All payments under this policy, except payments made for costs,
attorneys fees and expenses, shall reduce the amount of the
insurance pro tanto.
1I Liability Non - cumulative.
It is expressly understood that the amount of insurance under
this policy shall be reduced by any amount the Company may pay
under any policy insuring a mortgage to which exception is taken in
Schedule B or to which the insured has agreed, assumed, or taken
subject, or which is hereafter executed by an insured and which is a
charge or lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12. Payment of Loss
(al No payment shall be made without producing this policy
for endorsement of the payment unless the policy has been lost or
destroyed, in which case proof of loss or destruction shall be
furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipulations,
the loss or damage shall be payable within 30 days thereafter.
13. Subrogation Upon Payment or Settlement
(al The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim
under this policy, all right of subrogation shall vest in the Company
unaffected by any act of the Insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the insured claimant would have had
against any person or property in respect to the claim had this policy
not been issued. If requested by the Company, the insured claimant
shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of
subrogation. The insured claimant shall permit the Company to sue,
compromise or settle in the name of the insured claimant and to use
the name of the insured claimant in any transaction or htigation
involving these rights or remedies.
VI LIM 1113UIUU U10111 10 1 1L, IIIC WIJIVOIly Jndll UC SUUIUgdLCU IU 111CJe
rights and remedies in the proportion which the Company's paymenk
bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as
stated above, that act shall not void this policy, but the Company, ifl
that event, shall be required to pay only that part of any losses
insured against by the policy which shall exceed the amount, if any
lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non- Insured Obligors.
The Company's right of subrogation against non - insured obligors
shall exist and shall include, without limitation, the rights of the insu
to indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instrun it
which provide for subrogation rights by reason of this policy.
14. Arbitration.
Unless prohibited by applicable law, arbitration personal p
the Tide Insurance Arbitration Rules of the American Arbitration
Association may be demanded if agreed to by both do Company
and the insured Ad*" matters may include, but ere not
limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of
the Company in connection with its issuance or the breach of 0
policy provision or other obligation. Arbitration pursuaw to this
policy and under the Rules in affect on the date the demand fair
arbitration is made or, at the option of the insured, the Rules in
effect at Date of Policy shall be binding upon the parties. The
award may include attorney{ toes only N the laws of the state On
which the land is located permit a court to award attorneyi fees
to a prevailing party. Judgment upon the award rendered by the
Arbitratorls) may be entered in any court having jurisdiction
thereof.
The law of the sites of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Comperrlif
upon request
15. Liabd ity Limited to this Policy, Policy Entire Contract
(a) This policy together with all endorsements, if any, attached
hereto by the Company is the entire policy and contract between the
insured and the Company In interpreting any provision of this policy,
this policy shall be construed as a whole.
lb) Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to the
estate or interest covered hereby or by any action asserting such
claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be m4de
except by a writing endorsed hereon or attached hereto signed by eit r
the President, a Vice President, the Secretary, an Assistant Secretary, Or
validating officer or authorized signatory of the Company.
16 Severability.
In the event any provision of the policy is held invalid or
unenforceable under applicable law, the policy shall be deemed n to
include that provision and all other provisions shall remain in full
force and effect.
17 Notices, Where Sent.
All notices required to be given the Company and any statemeni in
writing required to be fumishl d the Company shall include the rum of
this policy and shall be addressed to the Company at its home office,
400 Secand Avenue South, Minneapolis, Minnesota 55401, (612) 371 -1111.
Henderson I Fran ki in 1715 Office x280
Fos+ orrice Box zeo
G T T C N. N E Y S A T L A V, Fort Myers, FL 33902.0280
'el 23!9.344 1100 • Fax 239.344.1200 • www heraw com
Bonita Springs • Sanibel
FACSIMILE COVER PAGE
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DATE SENT: April 15, 2005
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Client/Matter No. 14277/45
From Bobble A. Brown
No. of Pages, incl. Cover Q
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- 5cp
3?" 193 OR: 3556 PG:
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THOMAS H. GUNDERSON
1111181801 21A11LI1 1t AL
Attorney at Law
1715 101101 "
HENDERSON, FRANKLIN, STARNES & HOLT, P.A. (Fort Myers)
IT 1i11S 2L 33901 3012
1715 Monroe St. P. O. Box 280
Fort Myers, FL 33902
File Number: THG COLON SMELA
Will Call No.: 12
rSpace Above Ibis tine For Recording Daul
Warranty Deed
This Warranty Deed made this 3rd day of May, 2004 between RJS, L.L.C., a Florida limited liability eompany(
whose post office address is 2000 Royal Marco Way, Marco Island, FL 34145, grantor, and COLONIAL HOMES, INC.
a Florida corporation whose post office address is 2000 Interstate Park Dr., Suite 400, Attn: Alan S. Farrior;
President, Montgomery, AL 36109, grantee:
(Whenever 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, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Collier County, Florida to -wit:
See Exhibit "A" attached hereto.
Parcel Identification Number: 00775120008,0077500M, 00774920005 and 00775080009
Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, If any.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that thq
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of ai
encumbrances, except taxes accruing subsequent to December 31, 2003.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
DoubleTimes
Signed, sealed and delivered in our presence:
WitnessName:Dw.e C.66AMP's'
2-1 lrt-A— �
Witness Name: G • .'J w• C rtw�
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OR; 3556 PG; 1620
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RJS, L.L.C., a Ii liabili ompany
By:
O ,$ , Manager
(Corporate Seal)
State of Florida
Countyof 1!4"t -t6A-
The foregoing instrument was acknowledged before me this I— day of /ti-V) 2004. by RAYMOND 11.
SMELA, Manager of RJS, L.L.C., a Florida limited liability company, on behalf of the corporation. He bo is personall
known to me or [a has produced as identification.
2- -- - -
[Notary Seal) Notary Public
Printed Name:
I MSW'� My Commission Expires:
MY CDM MISg10N # DD 073145
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THOMAS H. GUNDERSON
Attorney at Law
HENDERSON, FRANKLIN, STARNES & HOLT, P.A. (Fort Myers)
1715 Monroe St. P. O. Box 280
Fort Myers, FL 33502
3,?' 994 OR; 3556 PG. 1621
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[Space Above Ibis line For Recording
Warranty Deed
This Warranty Deed made this 3rd day of May, 2004 between CHAMPION LAKES DEVELOPMENT, LLC, 4
Florida limited liability company, whose post office address is 2000 Royal Marco Way, Marco Island, FL 341451,
grantor, and COLONIAL HOMES, INC., a Florida corporation whose post office address is 2000 Interstate Park Dr;,
Suite 400, Attn: Alan S. Fardor, President, Montgomery, AL 36109, grantee:
(Whenever 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, nests and trustees)
Witnesseth, that said grantor, for and in consideration of the stmt of TEN AND NO 1100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantees heirs and assigns foraver,the following described land,
situate, lying and being in Collier County, Florida to-wit:
See Exhibit "A" attached hereto.
Parcel Identification Numbers: 00742960107, 007368+ 80109, 00736880206, 00741560003 and
00741720005
Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, If any.
SUBJECT TO a Purchase Money First Mortgage, given by Grantee to Grantor, securing the eriginni
principal sum of $1,000,000.00.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
I
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 said land in fee simple; that
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of 01
encumbrances, except taxes accruing subsequent to December 31, 2003.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
DoublaTimeia
Signed, sealed and delivered in our presence:
� V. -
Witness Name: 6R
Witness Name: I Cj& --'11
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OR. 3656 PG; 1623
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CHAMPION LAKES DEIV a Florida
limited liabili�C7-
By: —�
ON b Manager
(Corporate Seal)
State of Florida
County of Cjj "4' ' 6 A -
The foregoing instrument was acknowledged before me this 2"' day of _ 2004 by RAYMOND H!
SMELA, Manager of CHAMPION LADS DEVELOPMENT, LLC, a Florida limited liability company, on behalf of the
corporation. He (A-�is personally known to me or [j has produced as identification.
(Notary Seal]
tAUIBW.CMEFFY
MY CMMISSION # W 073145
EXPIRES: F*UM 9.2008
aveidthmharry— W*Ml'"
Notary Public
Printed Name:
My Commission Expires:
Warranty Decd - Page 2 DaubNllml o
OR; 3556 PG; 1624
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 11 AND THE
NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 01. 5830" EAST, ALONG
THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF
977.17 FEET; THENCE RUN SOUTH 88 °14'03" EAST FOR A DISTANCE OF 444.00 FEET;
THENCE RUN SOUTH 01058'30" WEST FOR A DISTANCE OF 101.13 FEET; THENCE
RUN NORTH 88 005' 15" WEST FOR A DISTANCE OF 40.00 FEET; THENCE RUN SOUTH
01 °58'30" WEST FOR A DISTANCE OF 108.24 FEET; THENCE RUN SOUTH 88 °05'18"
EAST FOR A DISTANCE OF 327.16 FEET TO A POINT ON A CIRCULAR CURVE,
CONCAVE SOUTHEAST, WHOSE RADIUS POINT BEARS SOUTH 88 °1711" EAST, A
DISTANCE OF 140.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG
THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET,
THROUGH A CENTRAL ANGLE OF 90 °02'49 ", SUBTENDED BY A CHORD OF 198.07
FEET AT A BEARING OF NORTH 46 °44'14" EAST, FOR A DISTANCE OF 220.03 FEET TO
THE END OF SAID CURVE; THENCE RUN SOUTH 88° 14'22" EAST FOR A DISTANCE
OF 510.14 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 01 °4249" WEST, ALONG
THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION
11, FOR A DISTANCE OF 910.75 FEET TO A POINT ON THE SOUTH LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 88 °05'18" EAST, ALONG
THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 11, FOR A DISTANCE
OF 690.46 FEET TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00 °01'41"
WEST, ALONG THE EAST LINE OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 1,389.59 FEET TO A
POINT ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID
SECTION 14; THENCE RUN NORTH 88°20'44" WEST, ALONG THE SOUTH LINE OF THE -
NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF
2,077.67 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE
NORTHWEST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 00 °17'50" EAST, ALONG
THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF
1,398.73 FEET TO THE POINT OF BEGINNING; CONTAINING 94.732 ACRES, MORE OR
LESS.
1 of 2
glue
KRESSE PARCEL
OR: 3556 PG: 1625
THAT PORTION OF THE NORTH 1/2 OF THE NORTH 112 OF SECTION 15,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING
EASTERLY OF STATE ROAD 951 (ISLE OF CAPRI ROAD), LESS AND EXCEPT
THE SOUTHERLY 1,100.00 FEET THEREOF AND LESS AND EXCEPT THE
NORTHERLY 220.00 FEET THEREOF; CONTAINING 6.826 ACRES, MORE OR
LESS.
AND
EASEMENT PARCEL
TOGETHER with those certain non - exclusive right -of -way easements for ingress and
egress as more particularly described by Deeds recorded in Official Records Book 189,
page 327; Official Records Book 234, page 869 and Official Records Book 234, page
383, Lee County, Florida
2of2
OR
JAMES P. WARD
FINANCIAL
April 20, 2006
Collier County Board of County Commissioner's
3301 Tan-iami Trail North
Naples, Florida 34112
Subject: Copper Cove Community Development District
Petition For Establishment
Dear Commissioner's;
On behalf of the Petitioner, Colonial Homes, Inc, I would like to take a moment and thank ,you and your staff for the time to
accept and process our Petition for Establishment of the Copper Cove Community Development District in such a
professional manner, it has been a pleasure to appear before you and to be able to work with your staff on this Petition.
This letter and the accompanying documents are intended to provide a discussion of the benefits that will accrue to the
future residents of Copper Cove and to Collier County should you approve the Petition for Establishment and to illustrate
how the anticipated utilization of the District will enable Colonial Homes, Inc. to use this growth management tool to create
a community which will be an asset to Collier County and a place where the future residents will be proud to can home.
Introduction
As the Commission is aware, CDD's, along with many other types of Special Districts have played a valuable role in
providing a broad range of services to Florida residents since the turn of the Century. The usefulness of CDD's have grown
with the population growth in Florida, and have served their legislative purpose in providing and maintaining infrastructure
and services to new and emerging communities, while meeting the legislatively mandated goal for the "delivery of capital
infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Chapter
190.002 (1) (a)
Legislative Recognition (Benefits)
With the growth and recognition that District's provide a valuable tool in the delivery of infrastructure, the Legislature has
included Districts in the laws of Florida to provide consistent accountability with all other local governments. Attached to
this letter is Appendix A from the Florida Special District Handbook, which outlines the reporting requirements for Special
Districts. Some of these reporting requirements include:
1. Independent Annual Audit
2. Consultants Competitive Negotiations Act
3. Annual Financial Reports to the Department of Banking and Finance
4. Public Officials Financial Disclosure
134 Northeast 16`x' Terrace, Fort Lauderdale, Florida 33301 (954) 653 -4900 cellular
Page 2
April 20, 2006 Board of Counn: Commissioners of Collier County
5. Public Records Act
6. Code of Ethics for Public Employees
?. Adoption of Fiscal Year consistent with all local governments
These reporting requirements provide future residents the basic rights afforded to all citizens of Collier County to insure that
their government is open in its deliberations and provides numerous reports to local and state agencies to insure the integrity
and financial stability in its deliberations and operations.
Legislative Protections to Future Residents
There are numerous protections contained in the Statute to protect future residents however the following protections are
afforded to future residents prior to the purchase of property within the District.
• Prior to purchasing a home the sales contract is required to have specific language in it, just above the signature
line of the purchaser that outlines that a District exists on the property and that the District has the power to levy
assessments, etc. on this property.
• The District shall take affirmative steps to provide for the full disclosure of information relating to the public
Financing and maintenance of improvements to real property undertaken by the District. Such information shall
be made available to all existing residents, and to all prospective residents of the District.
• The District shall furnish each developer of a residential development within the District with sufficient copies of
that information to provide each prospective initial purchaser of property in that development with a copy, and
any developer of a residential development within the district, when required by law to provide a public offering
statement, shall include a cop }' of such information relating to the public financing and maintenance of
improvements in the public offering statement.
• The Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business and
Professional Regulation shall ensure that disclosures made by developers pursuant to chapter 498 meet the
requirements of subsection (1).
• The Department of Community Affairs shall keep a current list of Districts and their disclosures pursuant to this
act and shall make such studies and reports and take such actions as it deems necessary.
Benefits to Landowners and Residents
CDD's usually result in more upscale and better maintained communities that are today well known by all stakeholders
including general purpose local governments (Cities and Counties), developers, investors, and homebuyers alike.
• By funding community improvements, District's allow the developer to dedicate its financial resources to the
actual unit construction, sales efforts and most importantly amenities for the residents that would not otherwise
be constructed.
• Provide tax - exempt, low cost financing — as a government entity, the District can issue tax - exempt bonds which
result in lower financing costs than conventional financing mechanisms. This authoring alone allows future
residents to fund new improvements or to re- construct existing infrastructure without having to pay well in
advance of the need. In contract, traditional homeowner associations charge capital assessments well in advance
to fund items not required for many gears into the future.
• Are easily marketable to the investor community — investors regard District bonds as attractive alternatives in the
government indebtedness market resulting in reasonably high demand for and low interest rates on the District
bonds.
• "Grovth pays for growth" — additional infrastructure required by new growth is paid for cntirel} by the new
growth and not existing residents and /or landowners.
• Relieve the developer and local government from most aspects of landowner relations — the District- constructs
and operates infrastructure and provides customer service functions.
• Provides for the operation & maintenance functions on an indefinite basis — neither the developer nor the
County does not have to be concerned with the operation and maintenance of infrastructure after it has been
134 Northeast 16 "' Terrace, Fort Lauderdale, Florida 33301 (954) 658 -4900 cellular
TNI
Page 3
April 20, 2006
Board of County Commissioners of Collier Country
turned over to the District. Residents can be assured of sufficient services after the developer leai-es as the
District will stay.
• Created as governmental agencies - Districts are governmental agencies with all benefits and responsibilities of a
public entity.
• Operate not - for - profit - Districts provide services to landowners/ residents at their own cost.
• accountable to residents - Districts are accountable to landowners/ residents as the Boards arc initially elected by
the landowners and elected by the qualified electors in a mandated transition under the Statute.
• District's operate in the open, according to the Sunshine Law and Public Records Law.
• Protect residents from £.inure by the developer - Districts provide infrastructure and community services even if
the developer fails.
• Protect residents who pay from those that do not - residents /landowners who do not pay do not negatively
impact those who do.
• Ensure that residents only pay for the amount of benefit the), receive for as long as they receive it -
residents /landowners pay only for the infrastructure and services that they receive from the District during the
time they own a property within the CDD.
• Provide for the operation & maintenance functions on an indefinite basis - the District operates as long as there
is a need for its services and residents /landowners are willing to fund it.
• Provide for an orderly transition after the developer leaves - as the District constructs, operates, and maintains
community infrastructure, there arc no problems with a transition after the developer leaves.
• Offer amenities and benefits not usually found in typical developments - Districts can afford to provide
amenities and services that would be prohibitive for a developer of a conventional community.
• Provide a cost - effective mechanism to provide community and subdivision -level infrastructure - low -cost
financing and the abilin7 to finance it over long -term provide for affordable and high- quality improvements on a
District -wide as well as subdivision level.
• Long -term District financing matches the useful life of infrastructure assets - the District can spread the cost of
improvements over a longer period than that provided with conventional financing, minimizing_ annual
landowner/ resident payments.
• Provide permanent organizational and financing structure for continual operation and maintenance of District
facilities and improvements as well as the eventual replacement /renewal of infrastructure as needed.
• CDDs operating as governmental entities can provide a higher and more consistent level of service than
homeowners' associations.
• Districts employ professional managers and engineers who are in charge of infrastructure provision, operation,
upkeep and eventual replacement.
• As governmental entities, CDDs are eligible to participate in the State of Florida ;Mutual Aid Program and upon
the execution of the required interlocal agreement can assist federal, state and local governments in the delivery of
emergency aid to residents.
• Public infrastructure costs of Districts are not included in the initial purchase price but rather spread over the life
of the bonds, thereby lowering the amount of the mortgage they may need to qualify for.
Benefits to Local Governments
Community Development Districts and ,general purpose local govcrnments such as Counties and Cities have compatible
interests. CDDs are meant to supplement Counties and Cities in the areas inhere the primary governments are not in a
position to provide infrastructure and services to a particular area. Some of the specific benefits of CDDs to the local
governments include:
Districts free the local governments to concentrate on providing infrastructure and services to their existing
residents, thereby preventing the dilution of scarce resources. No extra capital or maintenance costs are borne by
existing citizens according to "growth pays for growth" policy of the State.
Increases in taxable %aloes due to the development and improvement of CDD lands help Al residents of the local
government. New landowners/ residents pay taxes, fees, charges, etc. which offset the Financial burden on existing
residents of the local governments.
Districts frequently assume responsibility for protecting conservation areas, provide onsite recreation, and
maintenance levels matched to property owner standards and willingness to pay.
134 Northeast 16 °i Terrace, Fort Lauderdale, Florida 33301 (954) 658 -4900 cellular
{
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Page 4
April 20, 2006
Board of Count}" Commissioners of Collier County
• Provide the County with a single, public entity responsible in perpetuity for the capital and operations and
maintenance in the area of the District. A CDD consolidates the delivery of communinT infrastructure and services
under a single entity and simplifies the interaction between the local government and the responsible part.
• District borrowing and debt levels do not count against local government's millage caps, nor can the debt or
obligation of a CDD constitute a burden on the County /City.
• All CDD business is conducted "in the sunshine" and a statutor} formula moves CDD governance from landowner
to resident control.
• Local government's costs pertaining to the District establishment are offset by a $15,000 filing fee for each petition
and there are only very minimal annual costs associated with the receipt of documents that CDDs are required to
submit to the proper jurisdiction
• The County Tax Collector collects the assessments of the CDD with the costs of collection defrayed through fees
charged to the Districts.
Finally, I have also enclosed an independent report prepared by the staff of Miami -Dade County to the Commission which
provides some valuable insight into the growth trends and the impact of CDD's on housing, land development and sales in
Miami -Dade County as compared to Broward County, along with average debt and maintenance assessments imposed by
CDD's. In the County Manager's conclusion, he writes to the Commission;
"I wish to state that CDD's achieve the goals and intent of F.S. Chapter 190. That
intent is clearly defined in 190.002(a), which stipulates that there is a need for "the
establishment, power, operation, and duration of independent districts to manage
and finance basic community development services" and that CDD's can thereby
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."
I look forward to seeing each of you on Tuesday, April 26,11, 2006 and hope the information will be helpful to
each of you in your deliberations and that we have sufficiently and clearly identified the benefits that future
residents and Collier County will see from the continued establishment of CDD's in the County.
If you have any questions in the meantime, please feel free to contact me. I can be reached at my cellular number
on this letterhead.
Yours sincerely,
James P. Ward
enclosures
134 Northeast 16 "' Terrace, Fort Lauderdale, Florida 33301 (954) 658 -4900 cellular
Memorandum . .
COUNTY
Date: April 12, 2006
To: Honorable Chairman Bruno A. Barreiro
and Members, Internal Management and Fiscal
Responsibility
,,,..,.
From: George M. Burg
County Manag
Subject: Community Development Districts (CDD) Report
IMFR
Agenda Item No. 7C
At the February 16, 2006, Internal Management and Fiscal Responsibility (IMFR) committee meeting,
Commissioner Moss requested a report concerning the impact of Community Development Districts (CDD)
on affordable housing and developable land. Previously, Commissioner Jordan requested that a workshop
be conducted regarding CDD's; however, after speaking to the Commissioner's Office, it was decided that
a report would be sufficient. Recently, you requested an analysis on how CDD's are processed in Broward
County and how CDD's affect median housing costs in Broward County compared to Miami -Dade County.
The Public Works Department (PWD) worked in conjunction with Professor Sukumar Ganapati from Florida
International University (FIU) in developing this report.
The attached report provides information regarding the purpose for the creation of CDD's, growth trends
and the impact of CDD's on housing, land development, sales, etc. By way of background, the first CDD
created on March 27, 1998, was Beacon Tradeport, a commercial development. The first residential CDD
in the County was Century Parc, a multi- family development located near Flagler Street and NW 87th
Avenue, created on June 5, 2001. Currently, there are 41 CDD's in Miami -Dade County; three (3) are
commercial, nine (9) are single - family, 12 are multifamily and 17 are mixed single and multifamily. The
residential developments comprise approximately 10,257 single - family homes and 20,597
townhouse /condominium units, with an additional 700 rental apartment units.
The creation of CDD's in the County continues to grow. Between 2003 and 2005, thirty (30) residential and
two (2) commercial CDD's have been created. Thus far in 2006, one (1) CDD has been created. Currently,
PWD has seven (7) new CDD applications and one (1) request to amend an existing CDD waiting to be
processed. As a result of the Board's action on February 21, 2006, all applications are currently on hold.
At the February 21, 2006, Board of County Commissioners (Board) meeting, the Board requested specific
information concerning the administrative and maintenance assessments that can be imposed by a CDD
Board of Directors. The current average annual assessments, including debt service, for residential
properties in the County range from $981 to $1,437 for townhouse /condominium units and $1,165 to
$1,322, for a single family home. These assessments are, in most cases, collected through the combined
tax bill through an interlocal agreement with the tax collector and the CDD Board and as such, are subject
to lien and tax collection methods in the same manner as ad valorem taxes.
Honorable Chairman Bruno A. Barrerio
and Members, Internal Management and Fiscal Responsibility
Page 2
As it pertains to the specific impacts of CDD's on affordable housing, developable land and the creation
process in, and impact of, CDD's on Broward County's median housing prices compared to Miami -Dade,
please be advised as follows:
PWD analyzed the 2005 median purchase price of 10 CDD's and the results are as follows: in
three (3) of the CDD's, the price is greater by an average of $21,496 and in five (5) other CDD's,
it is lower by an average of $33,124, when compared to non -CDD developments. Two (2) other
CDD's analyzed, Century Parc at $4,000 lower, and Pentathlon, at $134,460 higher, were
excluded from the average as they would skew the averages. Only Century Parc and South
Dade Venture are lower than the $225,000 workforce housing figure provided by the Dade
County's Housing Agency. New housing prices in Miami -Dade County, CDD or non -CDD, do
not fall within the definition of affordable housing as defined by the Department of Planning and
Zoning at 2112 times the median income for a family of four (4), or $115,875. Please note that
this research is unrefined, since factors such as upgrades and additional amenities (i.e.
swimming pools) could increase the sale price of similar housing units as much as $30,000 to
$50,000.
The impact of further CDD creation on the remaining developable land in the County will be
substantial if current trends continue. Approximately 47% of vacant land developed from 1998
through 2005 has been through the creation of CDD's. Publicly held developable vacant land
has increased from 7.1% (2,717 acres) in 1998, to 12.5% (3,205 acres) in 2005, a -5.4%
increase in public consumption of available vacant land. If these trends continue, CDD
developments will constitute a greater share of the developed land in the future.
Miami -Dade County governance structure is unique due to our Home Rule Charter; as such,
only the Miami -Dade County Board of County Commission (BCC) may create a CDD. In
Broward County, CDD's are created by the various municipalities. In both Counties, CDD
petitions are submitted pursuant to F.S. Chapter 190 and must contain information required by
this statute. Restrictions may be imposed prior to CDD creation by the enabling body. In
Miami -Dade, we have stringent public noticing and assessment disclosure requirements,
Broward does not. In all cases, once a CDD is created, it is legally an independent special
district in which the creating body has limited control, except for those regarding permitting and
zoning regulations, among others.
Public Works and Property Appraiser staff contacted Broward County officials and requested information
concerning the median -price of CDD housing compared to non -CDD housing. They have not yet obtained
this information; therefore, it will be provided at a later date, if available, once it is received.
Finally, I wish to state that CDD's achieve the goals and intent of F.S. Chapter 190. That intent is clearly
defined in 190.002(a), which stipulates that there is a need for "the establishment, power, operation, and
duration of independent districts to manage and finance basic community development services" and that
CDD's can thereby 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
governmw nd their taxpayers."
Ass6 nt C unty Manager ate
'..
IMPACT OF COMMUNITY DEVELOPMENT DISTRICTS
IN MIAMI -DADS COUNTY, FLORIDA
Submitted By The
Public Works Department
March 2006
The information contained in this report has been developed and compiled by the
Miami -Dade County Public Works Department in conjunction with faculty of
Florida International University, Broward County Government Officials and the
following Miami -Dade County Departments:
• Property Appraisal
• Planning and Zoning
• Miami -Dade Housing Agency
In addition, the following consulting firms contributed to the report:
• Wrathell, Hart, Hunt and Associates, LLC
• Hopping Green Sams & Smith, P.A.
• District Services, Inc.
• Billing, Cochran, Heath, Lyles, Mauro, and Anderson, P.A.
INTRODUCTION TO COMMUNITY DEVELOPMENT DISTRICTS XQQ
Community Development Districts (CDD) in Miami -Dade County (County) are forms of
local government created by the Miami -Dade County Board of County Commissioners
(BCC) pursuant to Article VIII, Section 6 of the amendment to Florida's Constitution, and
pursuant to the County's Home Rule Charter, to provide a specific service or services to
a defined area. The size of the CDD must be less than 1,000 acres.
CDD's are special - purpose governments, given that the law authorizes a District to
provide only those services that are specifically defined in their enabling legislation. The
required content of CDD petitions are specified by F.S. 190.005 and include good faith
construction and financing cost estimates, real property legal description of boundary,
maps and locations of existing infrastructure and the names of the appointed five -
member CDD Board, among other requirements. The exclusive charter for a CDD shall
be the uniform CDD district charter set forth in F.S. 190.06- 190.041, including the
special powers provided by 190.012.
The initial purpose for the creation of CDD's was to provide the private and public
sectors an alternative methodology to manage and finance basic community services as
Florida's population expanded through the early 1970's. The State addressed growth
issues in 1975 with the New Communities Act, codified as Chapter 163, Part IV, Florida
Statutes. This act created the first independent special districts for community
developments until it was replaced by the Uniform Community Development Act of 1980,
codified as Chapter 190, Florida Statutes, which now govern CDD's throughout the State
of Florida. The act defined the need for uniform, focused and fair procedures in state
law for a reasonable alternative to local general - purpose government for the
establishment, power, operation and duration of independent districts to manage and
finance basic community development services.
The intent of the legislation was to establish a growth management tool, which ensured
that growth "paid" for growth and provided an incentive for planned community
developments. F.S. Chapter 190 dictates the general and special powers available to
CDD's and the establishing entity can reserve the right to grant or restrict any of the
special powers. Furthermore, CDD's 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.
Currently, there are more than 380 CDD's located throughout the State of Florida,
including 41 in Miami -Dade County.
CDD's frequently complement and/or substitute the service delivery capabilities of
general- purpose governments in new developments. CDD's may finance, fund, plan,
establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and
maintain the following basic infrastructure:
• Water Management & Control
• Water Supply
• Sewer & Wastewater Management (reclamation and reuse)
• Bridges & Culverts
• Roads & Street Lights
,� y
• Public Transportation Facilities & Equipment
• Parking Improvements & Related Signage
• Conservation & Mitigation Areas
• Wildlife Habitats
• Other Improvements as Permitted by the Creating Body
After obtaining approval from a general - purpose local government with jurisdiction over
the area, the District may provide the following additional functions:
• Parks and Recreational Facilities
• Cultural Facilities
• Educational Facilities
• Fire Prevention & Control
• School Buildings & Related Structures
• Security
• Mosquito Control
• Waste Collection & Disposal.
INTENDED BENEFITS OF CDD'S
CDD's and general- purpose local governments, such as Counties and Cities have
compatible interests. CDD's are intended to supplement Counties and Cities in areas
where the primary governments cannot, or will not, provide infrastructure and services to
a particular area. A CDD's authority may be restricted by the creating entity prior to
creation. Once created, however, general - purpose local government may not impose
restrictions. The County Commission currently restricts water -use and sewage rights,
along with noticing requirements at point of sale, and dictates the creation of a dormant
multipurpose maintenance special taxing district, available to perform maintenance
services in the event of a CDD's failure. The City of Doral and the City of Miami
Gardens both further restrict CDD's by reserving the right to seat two (2) of the initial
five - member CDD Board for those Districts requiring their approval.
Local government CDD benefits include:
• Districts allow local governments to concentrate on providing infrastructure and
services to their existing residents, thereby preventing the dilution of scarce
resources. Districts release general- purpose local government cash flow for
other purposes. No additional capital or maintenance costs are borne by existing
citizens according to the "growth pays for growth" policy of the State by using
CDD's.
• Increased taxable values due to the development and improvement of CDD
lands benefit all constituents of general - purpose local government. New
landowners /residents pay taxes, fees, charges, etc., which offset the financial
burden on existing residents of local government.
• Districts frequently assume responsibility for protecting conservation areas;
provide onsite recreation and maintenance levels matched to property owner
standards and willingness to pay.
• Provide the County with a single, public entity responsible in perpetuity for the
capital, operations and maintenance within the area of a District. A CDD
consolidates the delivery of community infrastructure and services under a single
entity and simplifies interaction between local government and the District.
• District borrowing and debt levels do not count against local government's
millage caps, nor can the debt or obligation of a CDD constitute a burden on the
County /City. However, in terms of the overall creditworthiness of the County,
CDD debt service will likely have a negative impact long -term as it absorbs
available bond credit.
• All CDD business is conducted "in the sunshine" and a statutory formula moves
CDD governance from landowner to resident control.
• Local government's costs pertaining to the District establishment are offset by a
$15,000 filing fee for each petition. There is a minimal annual cost related to the
receipt of documents that CDD's are required to submit to the proper jurisdiction.
The Public Works Departments' Special Taxing District Division maintains these
records.
• The County Tax Collector, through an Interlocal Agreement, may collect District
assessments for the CDD with the costs of collection defrayed through fees
charged to the Districts.
• CDD's are not exempt from zoning, land use, planning and permitting rules and
policies and County provision of police and fire emergency services.
Landowner and resident CDD benefits include:
• Created as governmental agencies -- Districts are governmental agencies with all
benefits of a public entity.
• Operate not - for - profit -- Districts provide services to landowners /residents at their
own cost.
• Accountable to residents -- Districts are accountable to landowners /residents as
their boards are initially elected by the landowners and eventually elected by the
qualified electors of the District. They operate in the open according to the
Sunshine and Public Records Law.
• Protect residents from failure by the developer -- Districts provide infrastructure
and community services even if the developer fails.
• Protect residents who pay from those that do not -- with foreclosure powers for
nonpayment of assessments, residents /landowners who do not pay do not
negatively impact those who do.
• Ensure that residents only pay for the amount of benefit they receive for as long
as they receive it -- residents /landowners pay only for the infrastructure and
services that they receive within the District during the time they own a property
within the CDD.
• Provide for operation and maintenance functions on an indefinite basis -- the
District operates as long as there is a need for its services and
residents /landowners are willing to fund it.
• Provide for an orderly transition after the developer vacates -- as the District
constructs, operates and maintains community infrastructure, there are no
problems with a transition after the developer leaves.
• Offer amenities and benefits not usually found in typical developments -- Districts
can afford to provide amenities and services that would be prohibitive for a
developer of a conventional community, such as a golf course built and operated
by the CDD.
• Provide a cost - effective mechanism to provide community and subdivision -level
infrastructure -- low -cost financing and the ability to finance over the long -term
provide for affordable and high - quality improvements on a Districtwide basis, as
well as at the subdivision level.
• Long -term District financing matches the useful life of infrastructure assets -- by
utilizing 20 and 30 -year financing, the District can spread the cost of
improvements over a longer period than that provided with conventional
financing, minimizing annual landowner /resident payments.
• Provide permanent organizational and financing structure for continual operation
and maintenance of District facilities and improvements as well as the eventual
replacement /renewal of infrastructure as needed.
• CDD's operating as governmental entities can provide a higher and more
consistent level of service than homeowners' associations.
• Districts employ professional managers and engineers who are in charge of
infrastructure provision, operation, upkeep and eventual replacement.
• As governmental entities, CDD's are eligible to participate in the State of Florida
Mutual Aid Program and upon the execution of a proper Interlocal Agreement,
may request emergency aid from other governments.
• Public infrastructure costs of Districts are purportedly not included in the initial
purchase price, but rather spread over the life of the bonds, thereby lowering the
amount of the mortgage a prospective resident may need to qualify for.
• Creation of a CDD does not preclude the formation of a Homeowners
Association (HOA). An HOA is compatible with a CDD because it cannot issue
bonds for major improvements, but can often provide maintenance of common
areas better than the CDD, as well as enforce uniform property maintenance and
appearances.
Developer CDD benefits include:
• Funding community improvements -- a developer does not have to use its own or
borrowed funds to build infrastructure. Financial resources can then be
dedicated to actual unit construction and sales efforts.
• The flexibility of using long -term and /or short term financing -- the developer can
use any combination of long and short -term indebtedness to structure
assessments according to specific market conditions. Allow for flexibility in
project staging -- financing can be issued in multiple series to coincide with
stages of construction.
• Provide tax - exempt, low cost financing -- as a government entity, the District can
issue tax - exempt bonds which result in lower financing costs than conventional
financing mechanisms.
• Are easily marketable to the investor community -- investors regard district bonds
as attractive alternatives in the government indebtedness market, resulting in
reasonably high demand for and low interest rates on the district bonds.
• Infrastructure costs are passed on to the landowner as assessments -- the
developer does not have to include its significant infrastructure costs in the price
of improved lots resulting in significant marketing advantages.
• Constitute contingent liability for the developer -- special assessments are
reported on the Developer balance sheet as contingent liability.
• "Growth pays for growth" -- additional infrastructure required by new growth is
paid for entirely by the new growth and not existing residents and /or landowners.
�7
• Relieves the developer from most aspects of landowner relations -- the District
constructs and operates infrastructure and provides customer service functions.
• Provides for the operation and maintenance functions on an indefinite basis -- the
developer does not have to be concerned with the operation and maintenance of
infrastructure after it has been turned over to the District. Residents can be
assured of sufficient services after the developer vacates as the District will
remain.
• Districts can acquire infrastructure from the Developer -- infrastructure can be
constructed by the developer and subsequently acquired by the District even if it
was constructed prior to the creation of the District.
• Developer maintains control through the Board of Supervisors -- the
developer /initial landowner can control actions of the District by having its
representatives appointed to the Board of Directors for a six -year term or until
250 electors live there.
PERCEIVED NEGATIVE CHARACTERESTICS OF CDD'S
• General- purpose local government is ceding certain authority to CDD's.
• CDD bond issues may impact perceptions of bond raters in terms of overall debt.
• Burdening of CDD homeowners with long -term infrastructure debt.
• Initial control of CDD Board by developers' appointees may lead to financial
abuse. Future residents must live with financial decisions made by developers'
Board.
• The housing purchase price does not reflect developer savings for cost of
infrastructure.
• Residents feel misinformed as to the nature and authority of CDD communities.
IMPACT OF CDD'S ON COUNTY RESIDENTIAL LAND DEVELOPMENT
There are currently 38 residential and three (3) commercial CDD's in the County
(Exhibits A and A1). Thirty -seven residential CDD's, less one created in 2006, cover
approximately 4,427 acres, or 47% of the 9,473 formerly vacant residential acres
developed since 1998. It is interesting to note that the amount of publicly held
developable vacant land has increased from 7.1% (2,717 acres) in 1998, to 12.5%
(3,205 acres) in 2005 (Exhibits B and 131). If these development trends continue, CDD's
will constitute a larger share of the remaining available land in the future. CDD's per
Commission Districts are shown on Exhibit C.
The number of housing units provided, or proposed, by CDD's in the County are 10,257
single - family homes, 20,597 Townhomes and 700 rental apartments (Exhibit D). The
number of housing units provided by non -CDD developments in the County since 1998
is approximately 68,682 units. CDD's represent approximately 45% of the total non -
rental housing provided or proposed since 1998. Information on the total number of
rental units is unavailable at this time.
We have taken a sampling of 10 CDD's that are at, or near build -out, and compared
them to similar non -CDD developments in the same geographical area of the County.
Developments were segregated and compared by the year they were sold given that
prices in a subdivision typically increase as the development nears build -out. It must be
noted that a comparison performed on lot and house size, proximity and sales year, will
not account for the amenities and upgrades that can represent a substantial price
increase for the same model from the same developer. These additional costs can be
as much as $30,000 to $50,000. The price comparisons below are necessarily based on
an unrefined research model but will provide a general overview.
How do CDD home purchase prices compare to the "regular" housing market?
PWD analyzed the 2005 median purchase price of 10 CDD's and the results are as
follows -- in three (3) of the CDD's, the price is greater by an average of $21,496 and in
five (5) other CDD's, it is lower by an average of $33,124, when compared to non -CDD
developments. Two (2) other CDD's analyzed, Century Parc at $4,000 lower, and
Pentathlon, at $134,460 higher, were excluded from the average as they would skew the
averages (See Exhibits E and E4).
Have the creation of CDD's kept the prices of housing down?
Yes. Compared to the purchase price of a non -CDD home, the median purchase price
in 2005 of a home in a CDD was lower in seven (7) of the 10 developments analyzed by
an average savings of $43,440 over a non -CDD home. A better gauge however, is the
$33,124 savings when the two (2) extreme cases are excluded from the average.
Have CDD developments made home - buying more affordable?
Generally no. Of the CDD's considered, only Century Parc at $171,000, and South
Dade Venture at $187,058, were below the $225,000 workforce housing price quoted by
Dade's Housing Agency. New housing prices in Miami -Dade County, CDD or non -CDD,
do not fall within the definition of affordable housing as defined by the Department of
Planning and Zoning at 21/2 times the median income for a family of four (4), or
$115,875 (See Exhibit E).
A necessary factor when determining affordability is the CDD assessments that
residents are required to pay. CDD developers in the County are required to provide
and record a Declaration of Restrictive Covenant in the Public Record in which they
itemize and guarantee (within 5% and under threat of penalty) the first three (3) years of
CDD assessments (Exhibit F). Additionally, assessments for any homeowners
association (HOA), will be added to that figure. Developments with an HOA in addition
to a CDD can be desirable. HOA's can enforce covenants and provide better routine
maintenance of common areas, oftentimes at a better price than a CDD, because the
administration of an HOA is usually voluntary, as opposed to the administrative fees paid
to a professional manager to run the CDD.
The current average annual assessments, including debt service, for residential
properties in the County range from $981 to $1,437 for townhouse /condominium units
and $1,165 to $1,322, for a single family home. These assessments are, in most cases,
collected through the combined tax bill through an interlocal agreement with the tax
collector and the CDD Board and as such, are subject to lien and tax collection methods
in the same manner as ad valorem taxes.
CONCLUSION
Community Development Districts achieve the goals and intent of F.S. Chapter 190.
That intent is clearly defined in 190.002(a), which stipulates that there is a need for "the
establishment, power, operation, and duration of independent districts to manage and
finance basic community development services" and that CDD's can thereby 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." There is no reference to cost of housing or issues of
fairness to purchasers in the statute. Particularly in Miami -Dade, as a Home Rule
Charter County, local general - purpose government can impose restrictions prior to any
CDD creation that will allow for some measure of consumer protection and local control.
Several cities have made requirements for their representatives to be on any CDD Board
within their municipal boundary. The County has imposed a stringent noticing
requirement on CDD developers. There are other restrictions that may be imposed after
consulting with the County Attorney's Office that will ensure that CDD developments will
work in the best interests of their residents. CDD's are also useful in developed areas
since they can be used to refurbish existing aged infrastructure. Lastly, as our research
indicates, most CDD housing is generally priced less than other developments.
It is therefore recommended that the Board of County Commissioners continue to
consider creation of new Community Development Districts as a way to finance
continued growth and economic development in the County.
Attachments: Exhibits A through F
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Florida Special District Handbook
APPENDix A: REPORTING REQUIREMENTS AT A GLANCE
Submission
Requirement
Statutory / Rule
Reference
Applicable Special
Districts
Due Date
All special districts with
either revenues or
expenditures of more than
$100,000.00.
All special districts with
revenues or
expend itures /expen ses
between $50,000.00 and
Within 45 days after
$100,000.00 that have not
delivery of the audit
been subjected to a
report to the
Section 218.39, F.S.
financial audit for the two
governmental entity,
Annual Financial
Chapter 10.550, Rules
preceding fiscal years.
but no later than 12
Audit Report
of the Auditor General,
A dependent special
months after fiscal
year end. Two
Handbook Section 2 - 4
district that is a component
copies of the annual
unit of a county or
financial audit report
municipality may provide
must be submitted to
for an annual financial
the Auditor General.
audit by being included in
the audit of that county or
municipality. In such
instances, that audit report
must clearly state that the
special district is a
component unit of the
county or municipality.
A00reviatrons: F.A.G. = Honda Adminlstrative Code; F.S. = Florida Statutes
97
Florida Special District Handbook
Submission
Statutory / Rule
Applicable Special
Requirement
Reference
Districts
Due Date
Creation
Documents and Section 189.418, F.S.
Amendments, All special districts.
Within 30 days after
including Codified Handbook Section 1 - 4
adoption /approval.
Act, if applicable
Written Status
Section 189.418, F.S.
Within 30 days after
Statement
Handbook Section 1 - 4
All special districts.
adoption / approval of
creation document.
Dissolution
Section 189.4042, F.S.
Within 30 days of the
Documents
Handbook Section 1 - 4
All special districts.
dissolution effective
date.
Section 189.418, F.S.
Within 30 days of the
Merger Documents
Section 189.4042, F.S.
All special districts.
merger's effective
Handbook Section 1 - 4
date.
Special District Map
Section 189.418, F.S.
All special districts.
Within 30 days after
and Amendments
Handbook Section 1 - 4
adoption / approval.
Annually, by the due
Special District Fee
Section 189.427, F.S.
date on the Form
Invoice ($175.00)
Rule 913- 50.003, F.A.C.
All special districts.
(sent to all special
and Update Form
Handbook Section 1 - 3
districts around
October 1).
Registered Agent
Section 189.416, F.S.
Within 30 days after
and Office Initial
Section 189.418, F.S.
All special districts.
the first governing
Designation
Handbook Section 1 - 4
board meeting.
Agent Registered A
g g
Section 189.416, F.S.
Section 189.418, F.S.
All special districts.
Upon making the
and Office Changes
Handbook Section 1 - 4
change.
Disclosure of Public
Section 190.009, F.S.
All Community
At all times public
Financing
Development Districts.
financing is imposed.
AoDrewations: r.A.c. = r -ionda Administrative Code; F.S. = Florida Statutes
•V
Florida Special District Handbook
Submission I Statutory / Rule I Applicable Special I Due Date
Requirement Reference Districts
Annual Financial
All Housing Authorities;
Annually within 12
months of fiscal year
Report with a copy of
Section 189.418, F.S.
All independent special
end (9/30) and 45
the Annual Financial
Section 218.31, F.S.
districts; All dependent
days of audit
Audit Report
Section 218.32, F.S.
special districts that are
completion. If no
attached, if required
Handbook Section 2 - 3
not component units of a
audit is required, file
Public Deposit
local governmental entity.
by April 30.
Public Depositor
Annual Report to
the Chief Financial
Section 280.17, F.S.
All special districts.
Annually by
Officer (Form DFS-
Handbook Section 3 - 5
November 30.
11 -1009)
Execute at the time
Public Deposit
of opening the
Identification and
Section F, S.
account and keep on
Acknowledgment
Handbook k Sec,
tion 3 - 5
ec,
All special districts.
file. Submit only in
Form (Form DFS-
case of default of the
J1 -1295)
qualified public
depository.
Abbreviations: F.A.C. = Florida Administrative Code; F.S. = Florida Statutes
0'7
Actuarial Impact
Statement for
Proposed Plan
Amendments
Florida Special District Handbook
Section 112.63, F.S.
Rule Chapter
60T- 1.001, F.A.C.
Handbook Section 2 - 6
Any special district
proposing benefit changes
to its defined benefit
retirement plan.
When considering
plan changes.
Truth -in- Millage
Section 112.63, F.S.
Special districts that can
levy taxes but will not do
Within 60 days of the
Defined
Rule Chapter
Special districts with
reporting period's
Contribution Report
60T- 1.004, F.A.C.
defined contribution plans.
ending date.
Truth- in- Millage
Compliance
Handbook Section 2 - 6
Special districts levying
following the
adoption of the
Actuarial Valuation
Section 112.63, F.S.
Rule Chapter
Special districts with
At least every three
Report
60T -1, F.A.C.
defined benefit retirement
years, within 60 days
Handbook Section 2 - 6
plans.
of completion.
Truth -in- Millage
Section 200.068, F.S.
Special districts that can
levy taxes but will not do
Annually by
Form DR421
Handbook Section 3 - 3
so during the year.
November 1.
Quarterly Gift
112.3148, F.S.
worth over $100.00,
No later than 30 days
Truth- in- Millage
Compliance
Section 200.068, F.S.
Special districts levying
following the
adoption of the
Package Report
Handbook Section 3 - 3
property taxes.
property tax levy
the calendar quarter.
ordinance /resolution.
Abbreviations: F.A.C. = Florida Administrative Code; F.S. = Florida Statutes
100
Everyone required to file
By the last day of the
Form 1, receiving a gift
calendar quarter
Quarterly Gift
112.3148, F.S.
worth over $100.00,
following any
Disclosure (Form 9)
Handbook Section 3 - 1
unless the person did not
calendar quarter in
receive any gifts during
which a reportable
the calendar quarter.
gift was received.
Abbreviations: F.A.C. = Florida Administrative Code; F.S. = Florida Statutes
100
Florida Special District Handbook
Submission Statutory / Rule Applicable Special
Require Referen Districts Due Date
ment ce
Agency Rule Report
Memorandum of
Voting Conflict for
County, Municipal,
and Other Local
Public Officers
(Form SB)
Certain Special Districts Initial by October 1,
Section 120.74, F.S. with adopted rules (see 1997, then by
Handbook Section 1 -4 Handbook Section 1 - 4, October 1 of every
page 20). other year thereafter.
Section 112.3143, F.S. I Special District Local Within 15 days after
Handbook Section 3 - 1 Officers with Voting the vote occurs.
Conflicts.
Actuarial Valuation See Department of Management Services, Division of Retirement.
Report
Annual Financial See Auditor General, Local Government Section.
Audit Report
Abbreviations: F.A.C. = Florida Administrative Code; F.S. = Florida Statutes
101
Florida Special District Handbook
Submission
Statutory / Rule
Applicable
Requirement
Reference
Special Districts
Due Date
When requested,
Budget or Tax Levy
Section 189.418, F.S.
.
Handbook Section 2 2 All special districts.
rovide to the local
governing authority
within the district's
boundaries.
Section 163.3191, F.S.
Independent special
Public Facilities Initial
Section 189.415(2), F.S.
districts (See
Within one year of
Report
Rule Chapter
9J -33, F. A. C.
Handbook Section
the special district's
creation.
Handbook Section 1 - 6
1 - 6, page 31).
Section 163.3191, F.S.
Section 189.415(2), F.S.
Independent special
Annually. Contact
Public Facilities Annual
Rule Chapter
districts (See
each local general -
Notice of An Changes
Any g
9J -33, F.A.C.
Handbook Section
purpose government
Handbook Section 1 -6
1 - 6, page 31).
for the due date.
Every five years, at
least 12 months
Section 189.415(2)(a),
before the due date
F.S.
Independent special
that each local
Public Facilities
Rule Chapter
districts (See
general - purpose
Updated Report
9J -33, F.A.C.
Handbook Section
government must
Handbook Section 1 - 6
1 - 61 page 31),
submit its Report to
Appendix B
the Department of
Community Affairs.
See Appendix B.
Registered Agent and
Section 189.416, F.S.
Within 30 days after
Office Initial
Section 189.418, F.S.
All special districts.
the first governing
Designation
Handbook Section 1 - 4
board meeting.
Registered Agent and
g g
Section 189.416, F.S.
Section 189.418, F.S.
All special districts.
Upon making the
Office Changes
Handbook Section 1 - 4
change.
Regular Public
Section 189.417, F.S.
Quarterly,
Meeting Schedule
Section 189.418, F.S.
All special districts.
semiannually, or
Handbook Section 3 - 2
annually.
Abbreviations: F.A.C. = Florida Administrative Code; F.S. = Florida Statutes
102
Florida Special District Handbook
Submission Statutory / Rule Applicable Special Due Date
Reauirement Reference I Districts
Investment Pool
All special districts
investing funds with the
At the time of making
Systems Input
Handbook Section 3 - 6
State Board of
any changes or
updates to the
Documentation
Administration or Local
account.
Government Trust Fund.
All special districts
Resolution for
Section 218.407, F.S.
investing funds with the
At the time of
Investment of
Handbook Section 3 - 6
State Board of
investing surplus
Surplus Funds
Administration or Local
funds.
Government Trust Fund.
Abbreviations: F.A.C. = Florida Administrative Code; F.S. = Florida Statutes
W1191
Florida Special District Handbook
Submission
Statutory / Rule
Applicable Special
Requirement
Reference
Districts
Due Date
Before selling certain
general obligation
Advance Notice
Section 218.38, F.S. All special districts as bonds & revenue
of Bond Sale
Handbook Section 2 - 5 applicable. bonds or closing on
any similar long -term
debt instruments.
Bond Information
Form /Bond
Section 189.418, F.S.
All special districts as
Within 120 days after
Disclosure Form
Section 218.38, F.S.
applicable. New bond
delivery of general
obligation bonds and
(BF2003/2004A & B)
Handbook Section 2 - 5
issues only.
revenue bonds.
Bond Verification
Handbook Section 2 - 5
All special districts as
Within 45 days of the
Division of Bond
Form (BF2005)
applicable.
Finance's request.
Final Official
Statement
Section 218.38, F.S.
All special districts as
Within 120 days after
(Bonds)
Handbook Section 2 - 5
applicable.
delivery of the bonds,
if prepared.
Section 159.345(1), F.S.
Special districts issuing
Submit with the Bond
IRS Form 8038
Section 159.475(1), F.S.
Industrial Development or
Information Form &
(Bonds)
Section 159.7055, F.S.
Research and
Official Statement, if
Handbook Section 2 - 5
Development Bonds.
any is published.
Auureviations: 1-.AA;. = r -ronaa Aamrnrstrative Gone; F.S. = Florida Statutes
104
Florida Special District Handbook
105
Submission
Statutory / Rule
Applicable Special
Requirement
Reference
Districts
Due Date
All "special district local
Within 30 days of
officers" appointed
accepting the
to a special district or
appointment, then
Statement of
Financial Interests
Section 112.3145, F.S.
special district's board.
every year thereafter
by July 1.
(Form 1)
Handbook Section 3 - 1
All "special district local
During the qualifying
officers" elected
period, then
to a special district's
every year thereafter
board.
by July 1.
Final Statement of
Financial Interests
Section 112.3145, F.S.
All "special district local
officers" who are required
Within 60 days of
(Form 1F)
Handbook Section 3 - 1
to file Form 1 and are
leaving a public
leaving a public position.
position.
No later than the last
Certain special district
day of the calendar
Quarterly Client
Section 112.3145(4),
local officers, depending
quarter following the
Disclosure
F.S.
upon their position,
calendar quarter
(Form 2)
Handbook Section 3 - 1
business or interests (See
during which the
Handbook Section 3 - 1).
representation was
made.
Annual Disclosure
of Gifts from
Governmental
Entities and Direct
Section 112.3148, F.S.
All special district local
Support
Section 112.3149, F.S.
officers who file Form 1
and who received
Annually by July 1.
Organizations and
Handbook Section 3 - 1
a
Honorarium Event
reportable gift or expense.
Related Expenses
(Form 10)
Interest in
d
Competitive Bid for
Section 112.313(12)(e),
Certain special district
Before or at the time
Public Business
F.S.
local officers (See
of the submission of
(Form 3A)
Handbook Section 3 - 1
Handbook Section 3 - 1).
the bid.
Abbreviations: F.A.C. = Florida Administrative Code; F.S. = Florida Statutes
105
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006 -17
Which was adopted by the Board of County Commissioners
on the 25th day of April, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of April, 2006.
DWIGHT E. BROCK
Clerk of Court8 and-'Cler-k
Ex- officio to Board of
County Commissioners
a. K
By: Heidi R. Rockhold,
Deputy Clerk