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Agenda 12/01/2009 Item # 8D Agenda Item No. 8D December 1, 2009 Page 1 of 69 - EXECUTIVE SUMMARY Recommendation to consider adoption of an ordinanee establishing the City Gate Community Development DistTict (eDD) pursuant to Section 190.005, Florida Statutes. OBJECTIVE: The objective of this public hearing is for the Board of County Commissioners (Board) to review and consider a petition for the establishment of the City Gate CDD by adoption of an ordinance. BACKGROUND: On February 8, 2005, the Board of County Commissioners required that the public hearing for adoption of the City Gate CDD Ordinance be continued until March 8, 2005. It was further continued indefinitely, until such time that the Developer of the City Gate DRI met with County Transportation ot1icials to discuss right-of-way reservation for a potential east-west arterial roadway between Everglades Boulevard and Collier Boulevard (CR 95 I). _. The meeting held on February 24, 2005 concluded with a commitment by the Developer's Tepresentatives that they would bring several matters from the meeting to the Developer's attention and that future meetings would occur with the Transportation Division Administrator. It was the opinion of County Transportation and Comprehensive Planning staff at that time, that the Community Development District be considered for approval based on this good faith commitment for continued cooperation on transportation issues which are unaffected by the creation of the CDD. Additional meetings were held in the Fall of 2009 between Transportation Planning staff, the Developer of the City Gate DRI, and their Agent, to negotiate commitments to be made through a Developer's Agreement between the Developer, Collier County and the Florida Department of Community Affairs. Please note that the Developer's Agreement will be provided as a separate item to be considered at the same BCC meeting as this ordinance. CONSIDERATIONS: On April 7, 2009, Joseph R. Weber, Vice President, on behalf of 850 NWN, LLC and CG II, LLC (petitioners) jointly filed a petition with the Comprehensive Planning Department, Community Development and Environmental Services Division, for the establishment of the City Gate Community Development District. A mandatory $15,000 application fee was submitted with the petition. .~ The proposed District is located entiTely within Coilier County, Florida. The proposed district covers 253.05+ acres ofland. The site is located in a portion of Section 35, Township 49 South, Range 26 East. A map showing the location of the land area to be serviced by the District, as well as a metes and bounds description of the proposed CDD, appears as Exhibit" I" to the petition. The landowner's consent to the establishment of the proposed CDD appears as Exhibit "2" of the petition. I - -'-'-""- -.----. - --"~...,,,,,,.~-,,.. ,',- , "-.' ,', ,_....".~~- ""_...-,- Agenda Item No. 8D December 1, 2009 Page 2 of 69 Pursuant to section "1.2 Scope of the Analysis", within Exhibit 5 of this petitions "Statement of Estimated Regulatory Costs", states that "to support the development program the District would fund approximately $38,276,000 of public infrastructure by issuing approximately $53,600,000 in total debt funding", pursuant to Chapter I 90.002(?)(d) F.S.. While $38,276,000 represents the estimated construction costs of the capital improvement program, the $53,600,000 represents the total principal amount of a bond issue that would produce $38,276,000 to the bond construction account, made up of standard items that go into the final sizing of a bond issue as follows: Debt Service Reserve fund (covers one year of debt payments) Capitalized Interest Fund (covers two years of interest costs) Underwriter's Discount (typically 1.5%) Cost ofIssuance (Bond Counsel and other counsel, financial advisor, etc TOTAL TRANSACTIONAL COSTS $ 5,068,000 9,256,000 800,000 200,000 $15,324,000 Public Infrastructure Costs Transactional Costs TOTAL Regulatory Costs $38,276,000 $15,324,000 $53,600,000 The CDD is comprised of a previously approved Planned Unit Development (PUD) and Development of Regional Impact (DRI) known as "City Gate." 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City Gate Phase 1 Commercial (Nol F'art of COD) c::a City Gate Industrial 2 Agenda Item No. 8D December 1 , 2009 Page 3 of 69 Qllilly '" LU:RFS LU:AG. Oil . Q ~ -=> ....1 ~ . . " - w . . 8 . . / . '" PU .g' o N , I I'a"e]-;-.D.~ ~00298]60008 I &. #00298440304 -~T- I 'RlIJUW""'"\ [<If)>> -- .,. ZOI,ill~" PlIl) '0 N HU:U '" ']" 'I' :-T"::;r.."::~"'""' I ' . ~- _ ~_____. ""'~l~III,W1J.!J'!IDQ.Ko"I~ Z.~il"r puo ' FUFDR\.-~-_" __J/ . \ ~_.- --.~.- -,,- ./" ',. ---:~'i-:---.-------_/ r~-- /-~_:-."-._-,-___ ,_ '-~. i ~ -,-"'~-_<' i." "'r"-..._ ~-1 ~ ,-~'-- . '" :,;., - .. o N } , \ '. FLU; I . By adopting the ordinance and granting the petition, the Board of County Commissioners would authorize the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the future landowners and residents of the City Gate Development. This infrastructuTe, under section 190,0 12( 1), Florida Statutes, includes basic urban systems, facilities and services, including water supply, sewers and wastewater management, surface water control and management (drainage), and roads, bridges and street lights. If adopted, this ordinance would not constitute consent by the County to the exercise of unauthorized special powers authorized by Section 190.012(2), Florida Statutes. These special powers may include but are not limited to the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as security, including, but not limited to, guard-houses, fences and gates, electronic intrusion-detection systems, and patrol cars, with certain exceptions. In ordeT to gain these additional powers, the newly created District Board would need to further petition the Board of County Commissioners at a later date. The District Board of Supervisors is initially elected for the first six years of the duration of this district in a property-based election (one-acre, one-vote), which has been specifically ruled constitutional (State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455 (Fla. 1985)). By operation oflaw, in time, the Supervisors are elected on a one-person, one-vote basis. In order to provide the basic systems, facilities and services, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in government, disclosure, coni1ict of interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiation procedures, competitive bidding procedures and others. In order to provide these systems, facilities and services, the District also is given eminent domain powers within tight constraints as well as the authority to require certain . servIce 3 Agenda Item No. 8D December 1, 2009 Page 4 of 69 charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent, by resolution, the aforementioned eminent domain power is limited to the boundaries of the District. Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a COD of less than 1,000 acres shall be by county ordinance. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six (6) factors for the Board of County Commissioners to consider in detennining whether to grant or deny a petition for the establishment of a COD as follows: I. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the District is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the District. 5. Whether the community development services and facilities of the District will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be scrved by the District is amenable to separate special-district government. Comprehensive Planning staffs response to the above Six Factors are attached as "Exhibit B" to this Executive Summary. Environmental Services, Transportation Planning and Public Utilities staff have reviewed the petition and exhibits submitted by the petitioners (attached) pertaining to the petitions Six Factors, noting their comments (in part) below: Environmental/Engineering Services Review: We have no objection to the COD petition based on the information provided. Stan Chrzanowski, P.E. County Engineer **** Transportation Planning Rel'iew: The roads inside are planned to be dedicated to the County for maintenance. I would request that the maintenance cost of the roads should be shared proportionately on the main public thoroughfare but the other roads should be solely maintained by the COD. No other comments. ,'" Nick Casalanguida Director, Transportation Planning / Development Review **** 4 Agenda Item No. 8D December 1, 2009 Page 5 of 69 Public Utilities Review: No objection. According to the current 200S Water and Wastewater Master Plan Updates, this project is located within the Collier County Water and Sewer district boundaries. Water and Sewer service will be owned and maintaincd by Collier County. This project is currently under the Site Development Plan (SDP) and/or Plans and Plat (PPL) approval processes for construction and final approval of the utilities. Per County GIS, there is an existing 16-inch diameter water main and S-inch diamcter Force Main along White Lake Boulevard. Zamara DelToro Project Manager Collier County Public Utilities FISCAL IMPACT: Exhibit "3B" of the petition, "City Gate Community Development District Proposed Timetable and Estimated Costs of Construction" delineates the fiscal impacts and timing of impacts to be managed by the District. It is noteworthy that the estimated internal infrastructure and services to be financed by the CDD including the transactional costs is $53,600,000, consisting of roadway and utilities construction, water management, landscaping, lighting, signage, the hiring of consultants, environmental mitigation and contingency costs. Utilities will eventually be turned over to Collier County. DISTRICT RESPONSIBILITIES: According to the petition, the City Gate Community Development District, if the ordinance is adopted, will assume responsibility for the following: . General development of the approved uses within the District; . Roadways; . Street Lights, landscaping and signage; . Stonnwater Management; . Water & Sewer Utilities; . Environmental Mitigation; and . Other matters rclated to thc above tasks. SECTION SEVEN: PETITIONER'S COMMITMENTS The adoption of this Ordinance is predicated upon the following: that the Petitioners, or their successors and assigns, shall (I) elect one property owner with no affiliation or direct relation to the existing owners or any subsequent developer of the District to the five member Board of Supervisors at such time as property owners begin occupying businesses in the District, and (2) record a Notice of Assessments containing the specific tenns 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 .--, 5 .. - ~.- ','-'. Agenda Item No. 8D December 1, 2009 Page 6 of 69 and remedies available at law and in equity to enforce Petitioner's Commitments against Petitioner, its successors and assigns. GROWTH MANAGEMENT IMPACT: The 253.05+ acres of the City Gate COD are dcsignated Urban, Industrial District, on the Collier County Future Land Use Map. Although the establishment of this district does not constitute any development approval, the plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development pernlits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code (LDC), and will be required to be consistent with thc GMP in effect at that time. LEGAL CONSIDERATIONS: "If adopted by the Board of County Commissioners, the subject Ordinance would establish a Community Development District (COD) and a District Board of Supervisors. The purpose of establishing a COD, as per Chapter 190, Florida Statutes, is to establish an independent special district as an altcrnative method to manage and fjnance basic services for community dcvelopment." The primary purpose of a COD is to provide a longcterm financing mechanism for the subject development through: Assessments, Ad Valorem Taxation or Issuance of Bonds. Creation of a COD provides assurance that the capital infrastructure improvements necessary in the District are funded by bond investors and subsequent purchasers of the parcels in the District. The proposed COD will be receiving sanitary sewer, potable water, and solid waste removal services from the Collier County Utilities Division and will have to enter into onc or more inter- local agreements with Collier County, for such purposes. [HFAC] RECOMMENDATION: To consider the adoption and enactment of the proposed ordinance establishing the City Gate Community Development District, should the Board determine that the proposed COD is consistent with the criteria set forth in Chapter 190, F.S. Prepared by: Marcia R. Kendall, Senior Planner, Comprehensive Planning Department ....,. 6 Agenda Item No. 8D December 1, 2009 Page 7 of 69 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 80 This item has been continued from the October 27,2009 and the November 10, 2009 BCC meeting, Recommendation to consider adoption of an ordinance establishing the City Gate Community Development District (COD) pursuant to Section 190.005, Florida Statutes. (This is a companion item to 1 DE.) 12/1120099:00:00 AM Meeting Date: Prepared By Marcia Kendall Planner, Senior Date Community Development & Comprehensive Planning Environmental Services 1011/20098:37:18 AM Approved By Nick Casalanguida Director. Transportation Planning Date Transportation Division Transportation Planning 10111200911:51 AM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & ~.. Environmental Services Environmental Services 10151200912:13 PM Approved By Zamira Deltoro Project Manager Date Public Utilities Division Public Utilities Engineering 1019/20097:35 AM Approved By Randall J. Cohen Director ~ Comprehensive Planning Date Community Development & Comprehensive Planning Environmental Services 10/13/20098:50 AM Approved By Heidi F. Ashton Section Chief/Land UsewTransportation Date County Attorney County Attorney 10/301200910:33 AM Approved By Joseph K. Schmitt Administrator - Community Development Date Community Development & Community Development & Environmental Services Environmental Services 11116/20098:45 AM Approved By OMS Coordinator Date ,-'. County Attorney County Attorney 11/17/20098:36 AM Approved By " ......--- u~_~....... '.m ~,,, ,-- .. - Agenda Item No. 8D December 1, 2009 Page 8 of 69 Jeff Kfatzkow County Attorney Date 11117120092:46 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 11117120092:53 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 11/19/20097:33 PM Agenda Item No. 8D December 1 , 2009 Page 9 of 69 - ATTACHMENT 2 STAFF ANALYSIS RELATIVE TO THE SIX (6) FACTORS FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION FOR CITY GATE CDD Background: Section 190.005, Florida Statutes, outlines the specific content required in a Community Development District (CD D) petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 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 inten-elated community. 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. Whether the area that will be served by the district is amenable to separate special-district government. 2. 3. 4. ..... 5. 6. Comprehensive Planning staff has reviewed the six factors referenced above and makes the following [mdings with regard to the proposed City Gate Community Development District: 1. Whether all statements contained within the petition have been found to be true and correct. Comprehensive Planning Department staff, along with staff of the County Attorney's Office, the Public Utilities Engineering Department, the Transportation Planning Department, and Environmental/Engineering Department have reviewed the referenced Community Development District petition. Based upon the review of the petition and sufficiency information, staff believes that the information found within these documents is substantially true and correct. - I _R.. ._......- _._- . ".--- Agenda Item No. 8D December 1, 2009 Page 10 of 69 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. The City Gate P.U.D. is also an approved Development of Regional Impact (DRI) originally approved by the Board of County Commissioners in 1987. As part of the approval process, the development was found to be consistent with the Growth Management Plan in effect at that time. The entire P.U.D. designated Urban, Industrial District on the Collier County Future Land Use Map. The proposed COD would be a unit of local government established specifically for the purpose of carrying out the approved Master Development Plan and commitments of the City Gate Development. The COD does not authorize any fonn or amount of development not previously approved by the Board of County Commissioners. Therefore, staff finds that the establishment of the COD is consistent with the Collier County Growth Management Plan. As to consistency with the State Comprehensive Plan, the County staff notes that the COD process is established within Section 190 of the Florida Statutes. The petitioner has not deviated from the standard process, as established by the Statute. Section 187.201, Florida Statutes, contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for Governmental Efficiency, which reads as follows: " Goal. --Florida governments shall economically and efficiently provide the amount and quality of services required by the public." Policy 2 within this goal area reads as follows: "2. Allow the creation of independent special taxing districts which have unifonn general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards." As an "independent special taxing district", the proposed COD is consistent with the State Comprehensive Plan and the legislative public interest findings set forth in Chapter 190.002(2) and (3). 3. Whether the area of land within the proposed district is of sufficient sufficiently compact, and is sufficiently contiguous to be developable functional iuterrelated community. . . SIze, ]S as one The proposed City Gate Community Development District, if approved, would be within the size range of several other COOs within Collier County. For instance, the Heritage Greens or Dove Point COD comprises approximately 751 acrcs, the Key Marco/Horr's Island COD is approximately 174 acres in size, and the Islesworth COD is approximately 262 acres. Based upon previous experience and the subsequent success of other Collier County COOs, Comprehensive Planning Department staff believes that the City Gate Community Development District meets the above criteria. 2 Agenda Item No. 8D December 1, 2009 Page 11 of 69 ~ 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. As noted within Exhibit 5 of the CDD petition, there are numerous alternatives available for the provision of infrastructure and services by and for an approved development. These include, but are not limited to the following: private funding procured by the developer; establishment of a homeowners association; establishment of a Municipal Services Taxing Unit (MSTU); establishment of a Municipal Services Benefit Unit (MSBU); establishment of a Community Improvement District (limited to drainage and irrigation related improvements); establishment of a County-managed special purpose district; or, direct County management. All of these alternative options have various legal, financial or other limitations on thcir operations or do not provide a focused, compact approach to the provision of infrastructure and services. Therefore, staff finds that establishment of the proposed CDD can be construed as the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. 5. Whether the community development services and facilities of the district will he incompatible with the capacity and uses of existing local and regional community development services and facilities. ^-'- The proposed CDD cannot develop any facilities and services that are incompatible with the surrounding area. This is because the CDD's sole purpose is to implement conditions and developer commitments that were part of the original P.U.D. and DRI approvals. The District Board of Supervisors will not have the legal authority to implement any facilities, services or development that would be inconsistent with its existing development approvals. 6. Whether the area that will be served by the district is amenable to separate speciaI- district government. Based upon staff findings concerning the previous five criteria, Comprehensive Planning Department staff finds that the subject area for the proposed CDD is amenable to special district government. Furthermore, staff recommends that the Board of County Commissioners adopt the Ordinance, as contained in Attachment I, establishing the City Gate Community Development District, if the Board determines that the proposed COD is consistent with the criteria set forth in Chapter 190, F.S. - 3 '-,,-' ,,~._._- --- -_.,.,- -......_- Agenda Item No. 8D December 1, 2009 Page 12 of 69 ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AND NAMING THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING STATUTORY PROVISIONS AND COMMITMENTS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Joseph R. Weber, Vice President on behalf of 850 NWN, LLC and CG II, LLC ("Petitioners''), has petitioned the Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida, to establish the CITY GATE COMMUNITY DEVELOPMENT DISTRICT (District); and WHEREAS, the Board of County Commissioners, after proper published notice has conducted a public hearing on the petition and determined the following with respect to the factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section 190.005(2)(c), Florida Statutes: 1. The petition is complete in that it meets thc requirements of Sections 190.005, Florida Statutes; and all statements contained within the petition are true and correct. 2. Establishment of the proposed District is not inconsistent with any applicable element or portion of the local comprehensive plan of Collier County, known as the Collier County Growth Management Plan, or the State Comprehensive Plan. 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. 5. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. The area that will be served by the District is amenable to separate special-district government; and lof4 Agenda Item No. 8D December 1, 2009 Page 13 of 69 WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c), .. Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be serviced by the district, to ensure that neither the establishment nor operation of such district is a development order under Chapter 380, Florida Statutes, and that the district so established does not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Land Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. --.. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA, 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 CITY GATE COMMUNITY DEVELOPMENT DISTRICT The City Gate 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: DISTRICT NAME The community development district herein established shall henceforth be known as the "City Gate Community Development District." - 20f4 .__..~,~_v~__._"_ . ._,_...~~"....- ._..~."--,., Agenda Item No. 8D December 1, 2009 Page 14 of 69 SECTION FOUR: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors: I. Roger B. Rice 159 Kirtland Drive Naples, FL 34110 4. Paul P. Pacchiana 2139 Morning Sun Lane Naples, FL 34119 2. Ronald G. Rice 601 Trophy Drive, Unit 503 Naples, FL 341] 0 5. Jeremy C. Sterk 2875 Garland Road Naples, FL 34117 3. Elena Lindner 3420 nnd Avenue NE Naples, FL 34120 SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The City Gate 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 City Gate 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. SECTION SEVEN: PETITIONER'S COMMITMENTS The adoption of this Ordinance is predicated upon the following: that the Petitioners, or their successors and assigns, shall (I) elect one property owner with no affiliation or direct relation to the existing owners or any subsequent developer of the District, to the five member Board of Supervisors at such time as property owners begin occupying businesses 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 30f4 . _-, '.,..N........,. '.;" ,." , _ ~ Agenda Item No. 8D December 1, 2009 Page 15 of 69 and remedies available at law and in equity to enforce Petitioner's Commitments against Petitioner, its successors and assigns. SECTION EIGHT: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2009. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal ufficiency: I ~effKlatzkow, County Attorney / LJ ....'- ePI09-eMP -0061614 40f4 _ .~,_... .,.,.,"" -- ._u._____"". ___,__ _,_ ,_'U ~--,.- Exhibit A Agenda Item No. 8D December 1, 2009 Page 16 of 69 LEGAL DESCRIPTION OF CITY GATE COMMUNITY DEVELOPMENT DISTRICT A PORTION OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A PK NAIL AND DISC NO. LB5982 MARKING THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89'13'01" EAST, ALONG THE NORTH LINE OF SAID SECTION 35 AND THE SOUTH LINE OF SAFE HARBOR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGES 22 AND 23, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, ANO THE NORTH LINE OF LOT 1, CITY GATE COMMERCE CENTER, PHASE ONE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 41, PAGES 6 AND 7, OF SAID PUBLIC RECORDS, FOR A DISTANCE OF 590.33 FEET, TO THE NORTHEAST CORNER OF SAID LOT 1, FOR A POINT OF BEGINNING; THENCE CONTINUE. NORTH 89'13'01" EAST, ALONG SAID NORTH LINE OF SAID SECTION 35, AND THE SOUTH LINE OF SAFE HARBOR AND THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT NO. 28, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 19 AND 20, OF SAID PUBLIC RECORDS. FOR 4,692.14 FEET, TO A CONCRETE MONUMENT NOW SET AT THE SOUTHEAST CORNER OF TRACT 169, GOLDEN GATE ESTATES, UNIT NO. 28 AND THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00'55'48" WEST FOR 2.673.79 FEET, TO A CONCRETE MONUMENT FOUND AT THE NORTHEAST CORNER OF LOT 18, WHITE LAKE CORPORATE PARK, PHASE THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34, PAGES 45 AND 46 OF SAID PUBLIC RECORDS; THENCE SOUTH 89'00'01" WEST, ALONG THE NORTH LINE OF SAID LOT 18, AND THE NORTH LINE OF WHITE LAKE CORPORATE PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, PAGES 26 THROUGH 28, INCLUSIVE FOR 4,000.85 FEET TO THE SOUTHEAST CORNER OF LOT 16, CITY GATE COMMERCE CENTER, PHASE ONE; THENCE NORTH 00' 47'14" EAST, ALONG THE EAST LINE OF LOTS 16, 15 AND TRACT "A" OF SAID PHASE ONE PLAT, AND THE WEST RIGHT-OF-WAY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 681, PAGE 1210. OF SAID PUBLIC RECORDS, FOR 2,072.75 FEET; THENCE NORTH 5B'30'03" WEST, ALONG THE SOUTHWESTERLY LINE OF SAID 170 FOOT WIDE F.P. & L. EASEMENT, FOR 596.93 FEET; THENCE SOUTH 61'09'57" WEST, ALONG THE SOUTHERLY LINE OF PARCEL "E", AS RECORDED IN RECORD BOOK 3965, PAGE 2873, OF SAID PUBLIC RECORDS. FOR 203.97 FEET, TO THE EASTERLY LINE OF THE CITY GATE COMMERCE CENTER, PHASE ONE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PHASE ONE, THE FOUR FOLLOWING COURSES; 1) NORTH 00'47'14" EAST FOR 124.70 FEET; THENCE 2l NORTH 31'30'28" EAST FOR 70.02 FEET; THENCE 3 NORTH 29'30'45" WEST FOR 52.47 FEET; THENCE 4 NORTH 00'28'39" WEST FOR 163.01 FEET, TO THE POINT OF BEGINNING. CONTAINING 253.05 ACRES, MORE OR LESS. SUBJECT TO RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD. BEARINGS FOR THE ABOVE DESCRIBED PROPERTY ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - BEING NORTH 89'13'01" EAST. Prepared , .S.&M. Certificate No. 2982 July 17, 2008 Exhibit I Legal Description ,- ^."_'".-_..".'.."~""'~''''~..."...''... -"-- .- _. H L-2 L-J L-' L-' Point af Camm"n"flmfll1t Northwest Corner ____ of Section 35, ___ , Towm,hip 49 South, 100.00" Range 26 Eost. ~ UNr fABLE 5 61'09"57 w N 00"47'/4- C N JI"3O'28" E N 29"30"45- W N 00'28"39" W () o c ~ ~ '" o o Q ~ '" - 203.97' 124.70' 70_02' 52.47' 163.01' '" :j :. SAF[ HARBOR I, P.B. 26, :~ Pages 22 &: 23 ~! , 590,J' .W lotI H II. L-J " ,- "0" 0"' t~1t} E <:l & 811f " 0 .. 8;' ~ :: <Ii ....~a.: '::ll. " , . - i!l>1O "d ,"' ~~.... " & ~ I ~ " . ~.s; .. . " ." ","a.: ':: If: " '0'" -.~ ",,1:1;)<\1 ....,;:j - 'l:> ~ E1i 0." o oS Q::: <..J'll_ 0 "..':: <;) t\io.: . ~- '- ,,'..;;..c... :::::., _ Cl 0......... :.<!'.: <..J~6~ Q.:c Trnr.:I:A' Lol'5 (0116 5.80'0/.....909.34' % :::5/? <i\'" ""'0- <'"0. . l' ~ A TRIGO & ASSOCIATES, INC. ~.u.l4NtIBt1RvrYlIlIl!I'PU_ 2= TRADE CENTER WAY- NAPLES. noRmA 34109 J....-~.._,_ ..'-~' ,. -,~.-... ~ ;0> - " . c c . \ "..--.... Agenda Item No. 80 December 1, 2009 Page 17 of 69 Golden Got Estotes Unit No. 28 , , P_G. 7, Pages 19 &: 20 l- Golde" Gat" Conal N.srnJ'OI"E. 4692.14 , , I~ I~ ~ -.J8 City Gate Community Development District 253.05 Acres::t City Gate Commerce Center Phase Two and Future Phase Three Part af the North 7/2 of Sect. 35. r.49 5.. R.26 E. 5.S9'OO'01-W 4000.85' White Lake Corporate Park P.B. 31, Pages 26 - 28 <0 . ~ . , .-, Q~"t~ (j ""llr) .q, ."t ~"'" '" oQ' . ~ . Q ~ Q SKETCH OF DESCRIPTION Not to Sca.le -~<'-" "---- Northeast Comer of Sectio" 35, Township 49 South. /' Range 26 East. () - ..., 0<: R: " m'" ~ <: ~ >c :~ " 0 ::rl'" ~ - -. ~ :)1 -a () -. "" . c - <0 - l> "" -" - ~ . ~ Q 'U c c '" 0 ..., - ..., - 0 Z "Southeast Comer of the North 1/2 of Section 35, Township 49 South, Range 26 East ,. . Agenda Item No. 8D December 1, 2009 Page 18 of69 DONALD A. PICKWORTH, P.A. ATTORNEY AT LAW SUITE 502 NEWGATE TOWER 51~O NORTH TAlorIAMI TRAIL NAPLES, FLORIDA 34103 e-mail: picklaw@earthlink.net (239) 263-8060 FAX (239) 598 ~ 1161 April 6, 2009 Via Hand Delivery Marcia Kendall, Plamler Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Petition for Establishment of City Gate CDD Dear Marcia: Attached are the original and 5 copies of a Petition to establish the City Gate Community Development District, along with a check in the amount of $15,000 as the filing fee. When you have done your initial review, please give me a call and I will transmit the entire Petition electronically. If after reviewing this you have questions or comments, please give me a call. Very truly yours, , Donald A. Pickworth Enclosures Agenda Item No. 8D December 1, 2009 Page 19 of 69 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RE: PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES TO ESTABLISH THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT I PETITION FOR ESTABLISHMENT BY COUNTY ORDINANCE OF THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT - Petitioners 850 NWN, LLC, and CG II, LLC, ("Petitioners") by and through their undersigned counsel, hereby petition Collier County, Florida (the "County") through its Board of County Commissioners (the ' "Commission"), pursuant to The Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes (the "Act"), to establish a community development district (the "District") on the lands described herein by the adoption of a County ordinance creating a community development district to be known as City Gate Community Development District. In support of this Petition, Petitioners state: 1. Each Petitioner is a Florida limited liability company, and their principal place of business is at 159 South Main Street, Suite 500, Akron, Ohio 44308. Joseph R. Weber is the Vice President of each Petitioner. The authorized agent for Petitioners is Donald A. Pickworth, Esq., 5150 Tamiami Trail North, Suite 502, Naples, Florida 34103. 2. The proposed District is located wholly within the County, and encompasses 253.05 acres of land (the "District Land"). A location map, sketch, and metes and bounds legal description of the boundaries ofthe District is attached as Composite Exhibit "1." - 3. The Petitioners, collectively, own 100% the lands proposed to be within the District. As required by Section 190.005(I)(a)(2) of the Act, City Gate eoo Petition 2009 1 _ _ m'~__' _ . . ' ",__ -r - _'," -",.,- Agenda Item No. 8D December 1, 2009 Page 20 of 69 written consent of the owners of all the lands proposed to be within the District is attached as Exhibit "2." There is no real property within the boundaries of the District which is to be excluded from the jurisdiction of the District. 4. The five (5) persons designated to serve as the initial members of the Board of Supervisors of the District, who are residents of the State of Florida and citizens of the United States, and who shall serve in that office until replaced by elected members, as provided in Section 190.006 of the Act are as follows: Roger B. Rice 159 Kirtland Drive Naples, Florida 34110 Ronald G. Rice 601 Trophy Drive, Unit 503 Naples, Florida 34110 Elena Lindner 3240 22nd Avenue NE Naples, Florida 34120 Paul P. Pacchiana 2139 Morning Sun Lane Naples, Florida 34119 Jeremy C. Sterk 2875 Garland Road Naples, Florida 34117 5. The proposed name of the District is City Gate Community Development District. 6. A map of the District, showing proposed storm water interceptors and outfalls, and proposed major trunk water main and sewer City Gate CDD Petition 2009 2 -.,.'., Agenda Item No. 8D December 1, 2009 Page 21 of 69 force main connections is attached as Exhibit 3A. 7. A good faith estimate ofthe proposed timetable and the estimated costs of construction and provision of District systems, facilities, and services, based on available data and which is subject to change is set forth in Exhibit 3B attached hereto. 8. Petitioner requests that the District be granted the right to exercise all the powers provided for in Sections 190.011 and 190.012 (1) of the Act. 9. The County has adopted its Local Government Comprehensive Plan (the "Plan") in accordance with the requirements of Chapter 163, Florida Statutes. The Plan designates the land area proposed to be included in the District as "Industrial". The proposed distribution and location ofland uses within the District is shown on the Master Plan for City Gate PUD (the "Master Plan") attached hereto as Exhibit "4". The uses are consistent with the uses authorized in areas designated as "Industrial" on the Plan. 10. A statement of estimated regulatory costs, prepared in accordance with the requirements of Sections 120.541(2), Florida Statutes and 190.005(1) ofthe Act is attached as Exhibit "5." 11. The District Land is amenable to operation as a community development district and the Petition should be granted for the following reasons: A. The District Lands are part of a planned community. The District Lands are of sufficient size and are sufficiently contiguous and compact to be developed as one functional and interrelated community, and the District is planned to be developed as such. The area to be served by the District is amenable to separate special district government. - B. If established, the District would constitute a timely, efficient, effective, responsive measure to ensure the provision and on'going maintenance of facilities and infrastructure for the proposed development. eity Gate eDD Petition 2009 3 ____.,^__..~M.. -..-........ ,.....,- _n"_e _NO " Agenda Item No. 8D December 1, 2009 Page 22 of 69 C. Establishment of the District and all land uses and services planned within the District are not inconsistent with the applicable elements or portions of the effective Collier County Growth Management Plan or the State Comprehensive Plan. D. The District will be the best alternative available for delivering community development facilities and services to the area to be served because the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside the District and provides a responsible perpetual entity capable of making reasonable provisions for the operation and maintenance of District services and facilities in the future. The establishment of the District will prevent the general body of taxpayers in the County from bearing the burden for installation of the infrastructure and the maintenance of the above-described facilities within the development encompassed by the District. E. The community development facilities and services of the District will not be incompatible with the capacity and uses of existing local and regional services and facilities. 12. As required by the Act, Petitioner will provide full disclosure of information relating to the public financing of District facilities and the maintenance of District improvements. 13. In support of the factual assertions and conclusions set forth in this Petition, Petitioner has attached the written, pre-filed testimony ofthose professionals involved in the preparation ofthis Petition and attached hereto as Composite Exhibit 6. WHEREFORE, Petitioner respectfully requests the Commission to: A. Determine that the Petition is complete; and B. Hold a public hearing pursuant to the procedures set forth in City Gate eDD Petition 2009 4 -",.""." _"__';0'.".._, Agenda Item No. 8D December 1, 2009 Page 23 of 69 .- Section 190.005(1)(d) of the Act to consider the establishment of the District; and C. Enact an ordinance pursuant to the Act, granting this Petition, and establishing "City Gate Community Development District". Respectfully submitted this ~ of April, 2009. Donald A. Pickworth Donald A. Pickworth, P.A. 5150 Tamiami Trail North Suite 502 Naples, F10rida 34103 Phone: (239) 263-8060 Fax: (239) 659-1100 E.mail: picklaw@earthlink.net .- -- City Gate CDD Petition 2009 5 -_..,~---- "- - -.."" --,--.- Agenda Item No. 8D December 1 , 2009 Page 24 of 69 LEGAL DESCRIPTION OF CITY GATE COMMUNITY DEVELOPMENT DISTRICT A PORTION OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A PK NAIL AND DISC NO. LB5982 MARKING THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89'13'01" EAST. ALONG THE NORTH LINE OF SAID SECTION 35 AND THE SOUTH LINE OF SAFE HARBOR. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGES 22 AND 23, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE NORTH LINE OF LOT 1, CITY GATE COMMERCE CENTER, PHASE ONE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 41, PAGES 6 AND 7, OF SAID PUBLIC RECORDS, FOR A DISTANCE OF 590.33 FEET, TO THE NORTHEAST CORNER OF SAID LOT 1. FOR A POINT OF BEGINNING; THENCE CONTINUE, NORTH 89'13'01" EAST, ALONG SAID NORTH LINE OF SAID SECTION 35, AND THE SOUTH LINE OF SAFE HARBOR AND THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT NO. 28, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 19 AND 20, OF SAID PUBLIC RECORDS, FOR 4,692.14 FEET, TO A CONCRETE MONUMENT NOW SET AT THE SOUTHEAST CORNER OF TRACT 169, GOLDEN GATE ESTATES, UNIT NO. 28 AND THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00'55'48" WEST FOR 2,673.79 FEET. TO A CONCRETE MONUMENT FOUND AT THE NORTHEAST CORNER OF LOT 18, WHITE LAKE CORPORATE PARK. PHASE THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34, PAGES 45 AND 46 OF SAID PUBLIC RECORDS; THENCE SOUTH 89'00'01" WEST. ALONG THE NORTH LINE OF SAID LOT 18, AND THE NORTH LINE OF WHITE LAKE CORPORATE PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, PAGES 26 THROUGH 28, INCLUSIVE FOR 4,000.85 FEET TO THE SOUTHEAST CORNER OF LOT 16, CITY GATE COMMERCE CENTER, PHASE ONE; THENCE NORTH DO' 47'14" EAST, ALONG THE EAST LINE OF LOTS 16, 15 AND TRACT "A" OF SAID PHASE ONE PLAT, AND THE WEST RIGHT-OF -WAY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 681, PAGE 1210, OF SAID PUBLIC RECORDS, FOR 2,072.75 FEET; THENCE NORTH 58'30'03" WEST, ALONG THE SOUTHWESTERLY LINE OF SAID 170 FOOT WIDE F.P. & L. EASEMENT, FOR 596.93 FEET; THENCE SOUTH 61'09'57" WEST, ALONG THE SOUTHERLY LINE OF PARCEL "E", AS RECORDED IN RECORO BOOK 3965, PAGE 2873, OF SAID PUBLIC RECORDS. FOR 203.97 FEET, TO THE EASTERLY LINE OF THE CITY GATE COMMERCE CENTER, PHASE ONE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PHASE ONE, THE FOUR FOLLOWING COURSES; 1) NORTH 00'47"4" EAST FOR 124.70 FEET; THENCE 2l NORTH 31'30'28" EAST FOR 70.02 FEET; THENCE 3 NORTH 29'30'45" WEST FOR 52.47 FEET; THENCE 4 NORTH 00'28'39" WEST FOR 163.01 FEET, TO THE POINT OF BEGINNING. CONTAINING 253.05 ACRES. MORE OR LESS. SUBJECT TO RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD. BEARINGS FOR THE ABOVE DESCRIBED PROPERTY ARE BASED ON THE NORTH LINE OF SECTION 35. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - BEING NORTH 89'13'01" EAST. Prepared -' , .S.&M. Certificate No. 2982 July 17, 2008 Exhibit 1 Legal Description "d'_'_ - Point of Commencemenl Northwest Comer ___ of Section 35, ____ , Township 49 South, 100.00' Range 26 East. () 0 C ~ ~ -. =<J 0 0 Q ~ '" - .- H L-2 L-J L-' L-5 LINE TABlE 5 61V9'Sr It' N 00"47'1"" E N JI:JO'2B" E N Z9:JQ'4S" W N 0028'39" W 20J.97' 124.70' 70.02' 52.47' 163.01' '. :1 :. SAF[ HARBOR I, P.8. 26, :S Pages 22 .t 23 {I '" . . lotI ,-. -",i-J i ,"l: <0 C" .c' 1;'1l:l<) .. ~ .. , . ~ I ~ C . ..8; a ::lll o. ", ""<l.. C . . . iJII'CI c" .~. ,." e<l..!;. ~ I .t <..> ~-" .0. 8 ::lli o. ~.t:<l.. C "" :::>/t-: 0" /.-0'<0 . " " ~ A. TRIGO &- ASSOCIATES, INC. I'IIlInsslOlI.lLi-\MtISlJ!lwnoItS"Pl.UIIIDlS = TRADe CEHTtR WAY N~ll!:!flUDJ.:Wlog ~ 1Il_,_ __..____-."u.. ,<;,,, -0., :..,c"tl ~ ....'1>::.-" 5,E-g "o.~ o tI-........ I..J 1\>.... tI ,-~"<;Ncr. o _- "'" ...'-.:-0.... - 'lI _ 0 Q........ <: tJ~gCi Q<:::i T,,,ct'A' Lot" 1.01'6 '01"W. 909.;J4' ~ " , g . -"---'..--. Golden Gate Estates Unit No. 28 , , P.8. 7, Pages 19 .t 20 l- Golden Gate Canol N.891J'Of 'E. 4692./4 City Gate Community Development District 253. 05 AcresI City Gote Commerce Center Phase Two and Future Phase Three Part of the North 1/2 of Sect. 35. r 49 S., R.26 E. 5.891)0'018W. 4000.85' White Lake Corporate Park P.8. 31, Pages 26 - 28 2982 SKETCH OF DESCRIPTION Not to Sca.le ----. Agenda Item No_ 80 December 1, 2009 Page 25 of 69 , , I~ I~ ] ~~ ~ o ~ o tl~"':-~ {j ""Ill) '0, ..... ~"~ ;ttl .", ~~o ~ ~ ~ Northeast Comer of Section 35, Township 49 South, /'" Range 26 East n - ..., -< ~ " , ,. R '" M ..., ~ 0 X M ~ - :r: :J1 - n , tJ:l . 0 t:J - - - ..., t:J .' - 0 . ~ Q - "0 0 a M ~ ..., - ..., - 0 Z '-... Southeast Corner of the Narth 1/2 of Section 35, Township 49 South, Range 26 East. Agenda Item No. 8D December 1, 2009 Page 27 of 69 EXHIBIT 2 LANDOWNER'S CONSENT TO ESTABLISHMENT OF DISTRICT The undersigned, Joseph R. Weber, as Vice President of 850 NWN, LLC, and CG II, LLC, each a Florida limited liability company (hereinafter collectively referred to as "Petitioners"), hereby certifies as follows: I. Petitioners are the owners of and have control over that certain real property located in Collier County, Florida, mOTe particularly described in Exhibit I of this Petition under and by virtue of the documentation attached hereto. Said real property constitutes 100 % of the property proposed to be included in the District. 2. The undersigned is the duly appointed Vice President of the Petitioners and represents and warrants that he is duly authorized and has the authority to execute this Consent. - 3. The undersigned, on behalf of the Petitioners, (i) hereby consents to the establishment of a community development district in accordance with Section 190.005, Florida Statutes, to be known as City Gate Community Development District, (ii) consents to the inclusion in the district of the real property described in Exhibit I of this Petition, and (iii) appoints and authorizes Donald A. Pickworth, Esq. to file this Petition. Executed this3rdday of At,:/ ,2009. 850 NWN, LLC CG II, LLC By: Notary Signature on Next Page - Exhibit 2 Landowner's Consent ~.. ...~.."-'----~ . ."....- -.."""'...........--.. ._,-, ~." /A '. ,--,~_' Agenda Item No. 8D December 1, 2009 Page 28 of 69 STATE OF OHIO COUNTY OF \ L"ta'- . The foregoing instrument was acknowledged before me this 51/ day of 0.P/I/ , 2009, by Joseph R. Weber as Vice President of 850 NWN, LLC and CG II, LLC, who is~ersonalIy known to me)OR has produced as identification. IN WITNESS WHEREOF, I have hereunto affixed my name and official seal at Akron, Ohio, this ):1::leay of /;'fUf. , 2009. . I,'(JU 4', ,\' ,f] 2* tary Public tate of Ohio ANNE E. PETERSEN Resident of Summa County C/O ~ 0 " !:J :;l ~ '" i'; " '" ~ " i!> "' :E 1l " '" ;:; - " X ~ '" ~-" '" -. ~ T' . - -, ~ '" :>- " ~ ('l 0 0 0 " " - _. 0 0 ~ - .. N E Agenda Item No. SD December 1, 2009 Page 29 of 69 FUTURE CONNECTION TO WILSON BLVD /BENEFIELD ROAD EXTENSTlON . . . - STORM WATER OUTFALL \ G 0 LeE N' GAr E CAN A --;- \ II II II CONNECl10N 16" WATER MAIN -- II -- CITYGATE BLVD NORTH -- ill 11'l! II~ >: ~ I.i - - I I STORM WATER CONTROl smuc E LAKE (PHASE THREE) ~I "'I \; ~ i!> 1l ON 8" SE~R FORCEMAIN CITYGA 7F BL ~ SOUTH -- -- CONNECTION TO 16" WATER AIN II II PHASE TWO PHASE THREE EXHIBIT 3A CITY GATE COMMUNITY DEVELOPMENT DISTRICT STORMWATER OUTFALL, WATER AND SEWER CONNECTIONS - - ~ BOUNDARY OF COD rnll\lJ1r[k,~~ ~ l&1lil~nllill&l&ll'nUil~i nllil@. 2ZZJ1IWImn!lIlII."JWIUJ.~~'2.>>-W-_ EXHIBIT 3B CITY GATE COMMUNITY DEVELOPMENT DISTRICT PROPOSED TIMETABLE AND ESTIMATED COSTS OF CONSTRUCTION Agenda lIem No 8D December 1,2009 Page 30 of 69 INFRASTRUCTURE CATEGORY 2009 2010 2011 2012 2013 Totals PUBLIC ROAOS' $3,026,50000 $1,376.500.00 $1,200,000.00 $11,958,500.00 $9,638,500.00 $27,200,000.00 ........n.. WATER ANO SEWER $436,50000 $436.500.00 $0.00 $460,00000 $460,00000 $1,793,000.00 _....nu__. WATER MANAGEMENT $336.50000 $336.500.00 $000 $1,945,00000 $1,945,000.00 $4,563,00000 u____...... LANDSCAPINGILIGHTINGISIGNAGE $160,00000 $160.00000 $0.00 $240,000.00 $240,00000 $800.00000 un..._.... CONSULTANTS $150.000.00 $150,00000 $0.00 $150,000.00 $150,000.00 $600,00000 ..---....... ENVIRONMENTAL MITIGATION $2,000,00000 $1,000,000.00 $0.00 $0,00 $0.00 $3,000,00000 ------------ CONTINGENCY $80000 DO $80.00000 $0.00 $80,000.00 $80,000.00 $320.000.00 ----......., Total per Year $6,189,500.00 $3,539,500.00 $1,200,00000 $14,833,50000 $12,513,50000 Cumulative T alai $6,189,500.00 $9,729,00000 $10,929,00000 $25,762,500.00 $38,276,000.00 NOTES: THIS TIMETABLE AND LISTING IS AN ESTIMATE, BASED ON EXISTING INFORMATION, AND IS SUBJECT TO eHANGE AS DETERMINED BY THE DISTRICT BOARD. * Includes Payments, Contributions, Dedications, Fair Share or Concurrency Obligations for Offsite Roads Exhibit 38 Proposed Timetahlc and Estimated Costs of Construction c:.. '" or " -. - :;::... '" '" ..,-~ Agenda Item No. 80 December 1, 2009 Page 31 of 69 Golden Gate Canal , I , W~ City Gate Phase 1 Commercial (Not Part of COD) B8&S8I City Gate Industrial ..- . .-.---..--. ".'~'-'~-'-- Agenda Item No. 8D December 1, 2009 Page 32 of 69 STATEMENT OF ESTIMATED REGULATORY COSTS City Gate Community Development District 1.0 Introduction 1.1 Purpose This statement of estimated regulatory costs ("SERC") supports the petition to form the City Gate Community Development District ("District" or "CDD"). The proposed District comprises approximately 253 acres of land on which 850 NWN, LLC, and CG II, L.L.C. ("Developer") plans to develop commerciallindustriallots in phases. The new District will provide community Infrastructure that will serve all, or a substantial portion of, the land in the proposed District. The District plans to provide localized infrastructure improvements and services ("District Infrastructure") to serve the land in the District and any offsite mitigation required by the Project's Development Order. The District may finance community Infrastructure by issuing bonds from time to time ("Bonds") secured by, among other things, proceeds of non-ad valorem special assessments (the "Assessments") levied on land within the District. To support the development program the District would fund approximately $38,276,000 of public infrastructure by issuing approximately $53,600,000 in total debt funding. The District proposes to provide infrastructure and community services to the District as described more fully below. 1.2 Scope of the Analysis 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 managlng and financinq the service delivery function of the district, so that any matter concernino...,permitting or planning of the development is not material or relevant (emphasis added)." As noted above, the proposed District provides infrastructure, services, and facilities along with their operations and maintenance, to the 253 acres planned for the development. The land contained in the District is currently planned for the land uses shown in Table 1 on the next page. These are preliminary plans and are subject to change. I Exhibit 5 Statement of Estimated Regulatory Costs Agenda Item No. 8D December 1, 2009 Page 33 of 69 Table 1. City Gate Community Development District Planned Land Uses IYpe of Use Commercial/Light Industrial Right-of-Way Lakes Miscellaneous Florida Power & Light Easement Total AcrealJi 197.51 19.66 24.80 0.18 10.91 253.06 % of Total 78.05% 0.8% 7.5% 6.6% 3.9% 100.0% Source: Developer 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (2002), 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. _. 2 - ~-- .-,-..-.-- -...._~~>.."._'- Agenda Item No. 8D December 1, 2009 Page 34 of 69 (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 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." 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general . description of the types of individuals likely to be affected by the ordinance As noted above, the proposed District will provide infrastructure and community services to the +1-253 acres of land planned for the project consisting of various sized commercial/industrial lots. All of the ultimate property owners in the District will be required to comply with District rules and their properties will be encumbered with District obligations to pay for infrastructure and operations and maintenance expenses incurred by the District. Of course prior to the sell out of the real estate, all of the undeveloped land owned by the Developer and any other landowner within the District boundaries will also be under the jurisdiction of the District. 3.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities The cost to State entities to review or enforce the proposed ordinance will be very modest. The District comprises less than 1,000 acres. Therefore, the County will review and act upon the petition to establish the District. 3 Agenda Item No. 8D December 1, 2009 Page 35 of 69 There are minimal additional ongoing costs to various State entities to implement and enforce the proposed ordinance. The District is a special purpose unit of local government, and it is required to file various reports to the State of Florida, the Department of Community Affairs and other agencies of the State. The filing requirements are outlined in Appendix A. However, the additional costs to the State and its various departments to process the additional filings from the District are very low, since the State routinely processes filings from over 100 similar districts. Finally, the filing fees paid by the District are designed to offset any additional costs to the State. Collier County This petition to establish the District will require the County to review the petition and its supporting exhibits. In addition, the County will hold public hearings to discuss the petition and to take public input. These activities will absorb staff time and time of the County Commission. However, these costs are very modest at most for the following reasons. First, the review of this petition to form the District does not include an analysis of the Development itself. In fact, such a review of the Project is prohibited by statute. Second, the petition contains all of the information necessary for its review. Third, the County already has all of the staff necessary to review the petition. Fourth, no capital costs are involved in the review. Fifth, the County routinely processes similar petitions for land use and zoning changes that are far more complicated than this petition to form the District. Finally, the $15,000 filing fee is designed to offset these costs. The County will incur only a small additional annual cost if this petition is approved. The proposed District is an independent unit of local govemment, so the District is responsible for its own budget, reporting, and the full conduct of its powers within its boundaries. The District will provide the County with its budget each year, but no County action is required. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources of revenue. No State or local subsidies are required or expected. .- 4 -..._- .,~".- -, ---_.~.,~.......- Agenda Item No. 8D December 1, 2009 Page 36 of 69 In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other unit of local government except the District. By State law, debts of the District are strictly its own responsibility . 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 The District plans to provide various community facilities and services to the property in the District, as outlined in Table 2 below. The District plans to fund, own, operate and maintain the stormwater management system and the landscaping/lighting/signage. The District will fund and construct the public roadways and utilities, and the District will dedicate them to the County. The District will fund the acquisition of mitigation lands and anticipates to donate them, with a management endowment, to the State of Florida or other entity approved by the U.S. Fish & Wildlife Service for operations and maintenance. Finally, the District will fund, operate and maintain the environmental mitigation works and dedicate them to the County. Table 2. Proposed Facilities and Services Facilitx Public Roads Mitigation lands' Environmental Mitigation Works Storm Water Management Utilities landscapingl Lighting/Signage Source: Developer . - Mitigation Lands are expected to be donated to the State of Florida or other entity approved by the US Fish & Wildlife Service With a financial endowment for the perpetual management as conservation lands. Funded Bv: CDD COD COD COD COD COD O&MB'( County State COD CDD County COD Ownershil! County State County COD County COD The petitioner has estimated the costs for providing the capital facilities as outlined in Table 2, and these are shown in Table 3 on the next page. Total costs for these facilities are estimated to be approximately $38,276,000. To fund this construction program the District may issue special assessment or other revenue bonds estimated to total $53,600,000. These would be repaid through non-ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. 5 Agenda Item No. 8D December 1, 2009 Page 37 of 69 Table 3. Summary of Estimated Capital Costs for Proposed City Gate Community Development District Categol"l Public Roadways' Utilities Storm Water Management La ndscaping/Lig hting/Sig nage Consultants Environmental Mitigation Contingency Amount $27,200,000 $1,793,000 $4,563,000 $800,000 $600,000 $3,000,000 $320,000 ---------- ---------- Total $38,276,000 Source: Butler Engineering, Inc. . Public Roadways include payments, contributions, dedications, proportionate fair share or concurrency obligations for offsite roads. Prospective future landowners in the District may be required to pay non- ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. -- It is important to note that the various costs outlined in Table 3 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District's financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer-provided infrastructure and facilities. Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners' association common to most master planned developments. Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition. Furthermore, locating in the District by new landowners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides_ - 6 ,- ---,',------ -,.,~..., I ""'n_n, .... .._.,_, Agenda Item No. 8D December 1, 2009 Page 38 of 69 The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County provision (directly or via a dependent special district), or through developer-bank loans. 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F .5., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. The development is located in the County of Collier. As of the latest Census date, the 2000 Census, the County has a population of 251,377. Therefore, the proposed District is not located in a County defined as a "small" (75,000) according to Section 120.52, FS. 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 Developer's Engineer and other professionals associated with the Developer. Finally, it is useful to reflect upon the question of whether the proposed formation of the District is the best alternative to provide community facilities and services to the Development. As an alternative to the District, the County could approve a dependent special district for the area, such as an MSBU or a special taxing district under Chapter 170, F.S. Either of these alternatives could finance the improvements contemplated in Table 2 in a fashion similar to the proposed District. However, each of these alternatives is inferior to the District. Unlike the District, the alternatives would require the County to continue to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. 7 Agenda Item No. 8D December 1, 2009 Page 39 of 69 A District also is preferable from a government accountability perspective. With a District as proposed, landowners and renters in the District would have a focused unit of government under their direct control. The District can then be more responsive to landowner needs without disrupting other County responsibilities. Another alternative to the District would be for the developer to provide the infrastructure and to use a property owners association (POA) for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA, a District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is a unit of local government. Therefore, unlike the POA the District must abide by all governmental rules and regulations_ (Rest of Page Left Intentionally Blank) -- 8 _.~,_.-. ~._. .. _..... . r ~_w --"-, Agenda Item No. 8D December 1 , 2009 Page 40 of 69 Fishkind & Associates certifies that this SERC meets the requirements for a SERC as set out in Chapter 120.541, F.S. We have developed over 40 SERCs. Below is a listing of some of these SERCs. . Urban Orlando Community Development District . Marshall Creek Community Development District . Cedar Hammock Community Development District . Mediterra Community Development District · Brooks Community Development District . Pelican Marsh Community Development District . Pelican Landing Community Development District . Fiddler's Creek Community Development District 1 . Monterra Community Development District . Quarry Community Development District . Capital Region Community Development District . Deerfield Preserve Community Development District . Cypress Shadows Community Development District 9 Agenda Item No. 8D December 1, 2009 Page 41 of 69 APPENDIX A LIST OF REPORTING REQUIREMENTS REPORT FLORIDA STATUTE CITE DATE Annual Financial Audit 11.45 12 months after end of fiscal year Annual Financial Report (AFR) 218.32 by March 31 TRIM Compliance Report 200.068 130 days after Form 1 - Limited Financial Disclosure 112.3144 by July 1 Public Depositor 215 by November 15 -'''~ Proposed Budget 218.34 by September 1 Public Facilities Report 189.415 March 1 Public Meetings Schedule 189.417 beginning of fiscal year Bond Report 218.38 When issued Registered Agent 189.417 30 Days after -. 10 -"-- --_.._._~ "'.. Agenda Item No. 8D December 1, 2009 Page 42 of 69 BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO ESTABLISH THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT / AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY STATE OF OHIO COUNTY OF SUMMIT I, Joseph Weber, Vice President of 850 NWN, LLC and CG II, LLC, being first duly sworn, do hereby state for my affidavit as follows: I. I have personal knowledge of the matters set forth in this affidavit. 2. My name is Joseph Weber, and I am employed by 850 NWN, LLC and CG II, LLC as Vice President. 3. The prepared, 'WTitten, pre-filed testimony, submitted under my name to CoIlier County relating to the establishment of City Gate Community Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at a public hearing to consider establishment of the City Gate Community Development District, 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 truth and accuracy of the Petition Exhibit 6A Pre-filed Testimony of Joseph R. Weber Agenda Item No. 8D December 1, 2009 Page 43 of 69 to establish the proposed City Gate Community Development District, the filing of the Petition and the processing of the Petition, and the size and ownership of the lands comprising the proposed District. 6. My testimony has been revised to correct minor typographical and grammatical errors. Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed thisJ~ day of April, 2009. ~. 2009. SWORN TO and SUBSCRIBED before me by the Affiant, on this .Jt.f day of April, (J"f{i , ~ /' /)v . ( '''/'.0' (L.{.u-<,,~ Personally Known--L or Type of identification produced /';/717<: E' /}/';",'sr:n Namt;"Q[Notary ,,' IAL~ ....~~fl s...... J<i:"O ''--'Or sellNNE E. PETERSEN ! '". i Resident of Summn County \.;.. ,. : Notary Public, State of Ohio ......~r .. O~'o/ My commission expires 08/03/2009 .....EOf ...... .............. - __...__u_..'.....'. _.~--~~-- _....,_.-.,~._-~-,-_. ...- '" Agenda Item No. 8D December 1, 2009 Page 44 of 69 1 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 TESTIMONY OF JOSEPH WEBER, OWNER'S REPRESENTATIVE 1. Please state your uame and business address. My name is Joseph Weber. My business address is 159 South Main Street, Suite 500, Akron, Ohio 2. By whom are you employed and in what capacity? I am currently employed as Vice President by Brennan Management Group, LLC. I am also currently employed as Vice President by 850 NWN, LLC and CG II, LLC. 3. Please describe your duties in these positions. As Vice President of 850 NWN, LLC and CG II, LLC, I am Tesponsible for the oversight of all operations related to accounting, sales, land development, construction, and property management services. 4. How long have you held these positions? I have been employed by Brennan Management Group, LLC or its pTedecessors since 1995. I have been employed by 850 NWN' LLC since it was formed in 2008 and by CG II, LLC since it was established in 2003. 5. Are you generally familiar with the geographical areas, type, and scope of development and the available services and facilities within the proposed community development district to be known as City Gate Community Development District ("City Gate CDD")? Yes. I am familiar with the City Gate COD area. I am also familiar with the type and scope of development and the available services and facilities within the City Gate COD. 6. Please describe your involvemeut with the Petition For An Ordinance to Establish City Gate Community Development District ("Petition"), I have been involved with the formation of the City Gate COD since its inception. I was involved in the planning stages of the City Gate COD, and in the preparation of the COD Petition and exhibits. 7. Have you reviewed the contents of the petition? Yes, I have reviewed and approved the contents of the Petition and exhibits. ,,_.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 16. 8. 9, 10. 11, 12. 13. 14. 15, Agenda Item No. 8D December 1, 2009 Page 45 of 69 Are there any changes or corrections to the Petition at this time? No. Are there any changes or corrections to any of the exhibits attached to the petition at this time? No. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date of your prepared testimony is filed? Yes. When did the City Gate CDD file its Petition. The Petition was filed with Collier County, Florida, in April, 2009. In response to this Petition, what action has Collier County taken? Collier County published a notice of the public hearing once a week for four consecutive weeks in the Naples Daily News. A copy of the proof of publication was submitted at the commencement ofthe hearing. Is the Naples Daily News a newspaper of general circulation in the City Gate CDD and Collier County? Yes, it is. Was this an ad published in the legal ads section of the paper or iu some other location? It was published in the local section of the newspaper. Has the City Gate CDD received any other comments from the public or any other governmental agency? No. Approximately how large is the land area proposed to be the City Gate CDD? The land area proposed to be the City Gate CDD consists of approximately 253:1: / _0"" _ u.._._' _~_. . .~-" Agenda Item No. 8D December 1, 2009 Page 46 of 69 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 acres. 17. Who are the owners of the proposed land to be included in the City Gate CDD who have given their consent as set forth in Exhibit "2" to the Petition? All of the land within and comprising the proposed City Gate CDD is owned in fee simple by 850 NWN, LLC and CG 11, LLC, each of which is a Florida limited liability company. Both owners have given written consent to the establishment of the City Gate CDD, and a copy of the consent is attached to the Petition. 18. Does this conclude your testimony? Yes. Agenda Item No. 8D December 1, 2009 Page 47 of 69 BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO ESTABLISH CITY GATE COMMUNITY DEVELOPMENT DISTRICT I AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER _. I, Gary Butler, of Butler Engineering, Inc., being first duly sworn, do hereby state for my affidavit as follows: I. I have personal knowledge of the matters set forth in this affidavit. 2. My name is Gary Butler, and I am a Registered Professional Engineer employed by Butler Engineering, Inc. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of the City Gate Community Development District, and attached hereto, is true and correct. 4. If! were asked the questions contained in the pre-filed testimony orally at a hearing before the Board of County Commissioners of Collier County regarding the establishment of the City Gate Community Development District, my oral answers would be the same as the written answers presented in my pre-filed testimony. - Exhibit 6B Pre-filed Testimony of Gary Butler ~"-'M""_"'_ _w.",__._,,__._.._' --,--,._-,- Agenda Item No. 8D December 1, 2009 Page 48 of 69 5. My credentials, experience and qualifications concerning my work with land development projects as a professional engineer are accurately set forth in my pre-filed testimony. 6. My pre, filed testimony generally addresses the nature of the services and facilities to be provided by the proposed City Gate Community Development District, the truth and accuracy of the Petition to establish the proposed District, and compliance with the factors to be considered in the establishment of a community development district. 7. My testimony has been revised to correct minor typographical and grammatical errors. Under penalties of petjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and be . f. Executed this '7 day of April, 2009. SWORN TO and SUBSCRIBED before me by the Affiant, on this i~y of April, 2009. NOTARY PUBUC.STATE OF FLORlDA W Laura A. Zambelli Commission # DD531645 Expires: MAR. 22, 2010 Bonded Thru Atlantic Bonding Co., Inc. . , otary Public t tQ.Llrtt A. ~~!.W Name Personally Known v Type of identification produced Agenda Item No. 8D December 1, 2009 Page 49 of 69 ,."- TESTIMONY OF GARY BUTLER, P.E, 1. Please state your name and business address. My name is J. Gary Butler, PE. My business address is 2223 Trade Center Way, Naples, Florida 34109. 2. By whom are you employed and in what capacity? I am currently employed as a professional engineer with Butler Engineering, Inc., and I am the President of Butler Engineering, Inc. 3. And what is the nature of your finn's business? Butler Engineering, Inc. provides engineering, surveying/mapping, land planning and landscape design services to private and government 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 25 years of engineering experience. 5. Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attended. I graduated from University of South Florida with a Bachelor of Science Degree in Civil Engineering. 6. Do you hold any professional designations or certifications? I am a Professional Engineer in the State of Florida, P.E. #35479. 7. Are you a member of any professional associations? No. 8. Prior to your current employment, by whom were you employed and in what position? I was employed as a Professional Engineer for Wilson, Miller, Barton, Soli and Peek, Inc. for five years as an engineer. 9, . Do you consider yourself an expert in civil engineering? Yes. 10. Please describe your experience with civil engineering relating to community development districts ("COOs") and special districts. -" _.~", -"..,.~_.._., , ..---,.. - -- "'"~- , . Agenda Item No. 8D December 1, 2009 Page 50 of 69 I have provided engineering services for several COOs throughout my career, including Pelican Marsh COD and Lely COD. 11. Do you consider yourself an expert in civil engineering, capable of rendering expert opinions on COOs, and specifically on infrastructure for COD services? Yes. 12. What has been your role with respect to the Petition to Establish ("Petition") City Gate community Development District ("City Gate COD)? My firm has provided civil engineering and consultation services to the proposed COD. 13. Are you familiar with the Petition filed to establish City Gate COD? 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 this time? No. 16. Are there any changes or corrections to any of the exhibits attached to the Petition at this time? No. 17. Are you generally familiar with the geographical areas, type, and scope of development and the available services and facilities within City Gate COD? Yes, I am familiar with the area within City Gate COD ("COD Area"). I am also familiar with the services and facilities available within City Gate COD. 18. Please provide us with a brief description of City Gate COD boundaries and location. The proposed City Gate COD is 252:t acres, as described by the sketch contained in the Petition. It is located on the east side of Collier Boulevard, immediately north of the White Lake Industrial Park and about 14 mile north of Interstate 75. 19. Please describe Exhibit "1" (Le., location map, sketch and metes and bounds legal description of the boundaries of District); "3A", (Le., map of the proposed stormwater sewer interceptors and outfalls, map of proposed water mains and force mains) and -"38" (Le. timetable and estimated costs of construction of ~istrict capital improvement program). Agenda Item No. 8D December 1, 2009 Page 51 of 69 Exhibit 1 shows the location of the CDD Area within Collier County, a sketch of the area, and a legal description of the lands to be included in the District. Exhibit 3A is a map prepared by Butler Engineering, Inc. showing the master water management plan, and the potable water and wastewater connections points where the potable water and wastewater facilities will connect to public water and wastewater utilities. Exhibit 3B is a good faith estimate of the elements of the District capital improvement program, their estimated costs and a timetable of the construction dates. 20. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimony is filed? Yes. let me ask you a few questions about certain opinions you may have based on your experience with COOs, civil engineering, real estate development, and the development of lands within City Gate COD in particular. 21. Based on your experience, do you have an opinion as to whether the proposed City Gate COD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? ,..-. Yes. 22. What is your opinion? Based on my previous experience and review of the Petition and exhibits thereto, the proposed City Gate CDD is of sufficient size, compactness and contiguity to be developed as a functional interrelated community. 23. What is the basis for your opinion? The project is compact with land use typical of a planned community. The 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 City Gate COO is the best alternative available to provide community development services and facilities to the area that will be served? Yes. 25. What is your opinion and the basis for it? City Gate CDD is the best alternative to provide community development facilities to the area to be served. 26. Based on your experience, do you have an opinion as to whether the services and facilities to be provided by City Gate COD will be compatible with the uses and existing local and regional facilities and services? _. ---'_._-_._-,"'- n._' ..., ,~'___'_'_ .-....'''..-..-----..- --,-, , Agenda Item No. 8D December 1, 2009 Page 52 of 69 Yes. 27. What is your opinion and the basis for it? eity Gate eoo's facilities and services within its boundaries will not duplicate any available regional services or facilities within City Gate COO. 28. Based on your experience, do you have an opinion as to whether the area to be included within City Gate COO is amenable to being served by a separate special district government? Yes, I do. It is my opinion that the area designated to be included in City Gate COO is amenable to continued existence as a separate special district government. 29. What is the basis for your opinions? It is clear that the lands in City Gate COD will continue to have the need for basic infrastructure. The land area for City Gate COD has been evaluated for sufficiency of size, compactness, and contiguity and meets those tests. Therefore, from a professional management perspective, the area to be served by City Gate COD is clearly amenable to separate special-district governance. The existing City Gate COD has 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 City Gate COD's ability to provide those services. 30. Turning now to the state and local comprehensive plan criteria of Section 190.005(1 He12., do you have an opinion as to whether the establishment of City Gate COO is consistent 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 City Gate COD is not inconsistent with any applicable element or portion of the state comprehensive plan. 32. What is the basis for that opinion? I have reviewed, from a planning perspective, the State Comprehensive Plan, particularly those portions which relate to CDDs. 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 planning perspective, four subjects, subject 15, 20, 25 and 17 of the State Comprehensive Plan are relevant to the establishment of a COD. 33. What is Subject 15 and why is it relevant? Agenda Item No. 8D December 1, 2009 Page 53 of 69 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 CDDs are designed to provide infrastructure services and facilities in a fiscally responsible manner to the areas which can accommodate development. The establishment of City Gate CDD will not be inconsistent with this goal because City Gate 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. 34. What is Subject 20 and why is it relevant? Subject 20, entitled Governrnental Efficiency of the State Comprehensive Plan provides that governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed City Gate CDD will be consistent with this element because the proposed City Gate CDD will continue to: (i) cooperate with other levels of Florida government (ii) be established under uniform general law standards as specified in Chapter 190, Florida Statutes; (iii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burden the general taxpayer with costs for services or facilities inside City Gate CDD; and (v) plan and implement cost efficient solutions for the required public infrastructure and assure delivery of selected services to residents. 35. You also mention Subject 25. What is this and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the state, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. The proposed City Gate CDD will be consistent with this element of the State Comprehensive Plan because: (i) the proposed City Gate CDD will systematically plan for the construction, operation and maintenance of the public improvements and the community facilities authorized under Chapter 190, Florida Statutes, subject to and not inconsistent with the local government comprehensive plan and development regulations; (ii) City Gate CDD meetings are publicly advertised and are open to the public so that all City Gate CDD property owners and residents can be involved in planning for improvements; -_. "^---.. ..~"-"'" , 'm,,'______'_.'''' -'" ---,~->" Agenda Item No. 8D December 1, 2009 Page 54 of 69 (iii) Section 189.415, Florida Statutes, requires City Gate 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 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 residents; (iv) implementing innovative but fiscally sound techniques for financing public facilities and (v) identifying and using stable revenue sources for financing public facilities. 37. Do you have an opinion, as someone with expertise in planning, as to whether the establishment of City Gate COO is inconsistent with any applicable element or portion of the Collier County Comprehensive Plan? Yes. 38. What is that opinion? The establishment of City Gate 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 Statutes, prohibits any community development district from acting in a way inconsistent with the local government's 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 with 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 have 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. . Agenda Item No. 8D December 1, 2009 Page 55 of 69 . BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO ESTABLISH THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT I AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I, G. Russell Weyer, being fIrst duly sworn, do hereby state for my affidavit as follows: 1. I have personal knowledge of the matters set forth in this affidavit. 2. My name is G. Russell Weyer and I am employed as a Senior Associate with Fishkind and Associates, Inc. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of City Gate Community Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at a hearing conducted by the Board of County Commissioners of Collier County concerning the establishment of the City Gate Community Development District, my oral answers would be the same as the written answers presented in my pre-filed testimony. .- Exhibit 6C Pre-filed Testimony of Russ Weyer --'~--~-'- . ',.<>r..__.'_'__" "<'-'- . Agenda Item No. 8D December 1, 2009 Page 56 of 69 . 5. My pre-filed testimony generally addresses the economic factors considered in the establishment of the proposed City Gate Community Development District, the truth and accuracy of the Petition to establish the proposed District, and the compliance of the Petition with the factors to be considered in the establishment of a community development district 6. My testimony has been revised to correct minor typographical and grammatical errors. Under penalties of peJjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this 3 0 day of April, 2009. G. Russell . '-..... 2009. SWORN TO and SUBSCRIBED before me by the Affiant, on this:? day of April, :............................................. : C. LAURENT : . . . lUlI'lf~ _ : ~m~'..... Comm# 000689386 : . ~ ~ . ~ \oilJ 7i:i Expires 612912011 S . O;:?t{}Jp~lt. . : ~'4f'""",' FJorida Notary Assn..1ne : ~.........I.~.~t...I"...'......,I......I.....; Name Notary i~lt:~~ ( 14ua...r.I Personally Known V or Type of identification produced Agenda Item No. 8D December 1, 2009 Page 57 of 69 TESTIMONY OF RUSS WEYER 1. Please state your name and business address. My name is Russ Weyer. My business address is 1415 Panther Lane, Suite 248, Naples, Florida 34109. 2. By whom are you employed and in what capacity? I am Senior Associate with Fishkind & Associates, Inc. 3, And what is the nature of your firm's business? Fishkind & Associates, Inc. is an headquartered in Orlando, Florida. services to its clients: economic and financial consulting firm The firm provides four general types of · Economic studies including market feasibility research . Quarterly economic forecasts for the U.S., Florida and its major metro areas . Litigation support services including expert testimony . Financial Advisory services primarily for community development districts ("COD") 4. Please describe your experience and credentials, including your current employment? I hold a M.B.A. in Finance and Real Estate and a B.A. in Communications. My real estate experience includes 13 years in various marketing and P&L positions Westinghouse Communities, Inc., in Naples, Florida. In 1997, I became President of the largest real estate development company in Northwest Ohio. I then became Vice President of Resort Operations at Lake Las Vegas in 1999. Lake Las Vegas is a 3,500-acre master planned community in Henderson, Nevada. In 2000, I moved back to Naples as President of Romanza Interior Design, a subsidiary of London Bay Homes. I started a real estate development consulting company in 2001, consulting for a number of major developers in the Southwest Florida area. In 2003, I became Vice President of Development for JED of Southwest Florida, a major commercial real estate developer. Then in September, 2004, I joined Fishkind & Associates as Senior Associate. At Fishkind & Associates, I am working on the formation and management of a number of community development districts around Florida in addition to working on a number of projects both public and private sector that require economic and fiscal analysis. - I _ "_"_'._~____'H_' ,....-... -----".._- ,-_.,~----,.._.- Agenda Item No. 8D December 1, 2009 Page 58 of 69 S. Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attached. In 1997, I obtained a Bachelor of Arts degree in Communications from Michigan State University in East Lansing, Michigan. Major areas of study included human behavior research, leadership, persuasion and non-verbal communication. In 1993, I acquired a Masters in Business Administration from the University of Miami, Coral Gables, Florida. My major areas of study were finance, real estate, economics and business law. 6. Do you hold any professional designations or certifications? Yes. [earned an Accredited Public Relations Professional with the Florida Public Relations Association in 1989. 7. Are you a member of any professional associations? Yes. I'm a full member of the Urban Land Institute (ULl), a Washington, D.C.- based not for profit organization dedicated to providing responsible leadership in the use of land in order to enhance the total environment. I am also the past Chainman of ULl' s Southwest Florida District Council, which oversees all ULl activities in the five-county rcgion of Charlotte, Collier Hendry, Glades and Lee. 8. Prior to your current employment, by whom were you employed and in what position? I was employed by JED of Southwest Florida, Inc., as Vice President of Development. JED is a major Southwest Florida commercial and residential developer. 9. Have you previously worked with other COO petitions? Have you previously prepared a Statement of Estimated Regulatory Costs ("SERC")? Yes, I have been involved with approximately 7 COOs, and have prepared Statements of Estimated Regulatory Costs. 10. Have you ever been qualified as an expert in the preparation of sucb economic statements? Yes. Most recently, I was so qualified in the fonmation of the Downtown Doral Community Development District in Miami, Florida. 2 Agenda Item No. 8D December 1, 2009 Page 59 of 69 ll. Please summarize your previous work experience relating to CDDs and special districts in general. I serve as financial advisor to 5 CDDs and my firm is Financial Advisor to over 50 CD Os. As Financial Advisors to COOs, our firm has assisted clients in successfully financing more than 100 transactions, raising almost $3-Billion. Also, we maintain the lien books and file the tax rolls for 7 CDDs and special districts. While with Westinghouse, I served as a Board Member on the Bayside Community Development District in Bonita Springs, Florida and was the developer's representative in the formation of the Pelican Marsh Community Development District in Naples, Florida. Finally, I have qualified and given testimony as an expert witness involving special assessments. 12. Where in Florida are the districts with which you have worked? Miami-Dade, Broward, Charlotte, Collier, and Lee Counties. 13. Please list the proceedings in which you have been qualified as an expert witness regarding the establishment (including contractions or additions to) of COOs, and the operation and management of COOs. - I have qualified on more than 5 such occasions. The latest of these is related to the current formation of the Downtown Doral Community Development District in Miami, Florida. 14. Do you consider yourself an expert in the operation and management of COOs? Yes. 15. Do you consider yourself an expert in economic analysis and forecasting in general and regarding CDDs? Yes. 16. Are you familiar with the geographical areas, type, and scope of development. and the available services and facilities within the City Gate COD? Yes. I am familiar with the City Gate COD area. I am also familiar with the type and scope of development, and services and facilities available within the City Gate COD. .- 3 -.,.---.-.'. - _.....~",--- -.',. .._~-,..-- Agenda Item No. 8D December 1 , 2009 Page 60 of 69 17. Please describe your involvement with the Petition to establish the boundaries ofthe City Gate CDD? I drafted the Statement of Estimated Regulatory Cost (SERC), and I have provided the COO team with expert COD consulting services involving the formation of the City Gate COD. 18. Are you familiar with the Petition filed to establish the City Gate CDD? Yes. 19. Have you reviewed the contents of the Petition and the exhibits? Yes. 20. Please generally describe each of the exhibits attached to the Petition. Petition Exhibit" I" is a location map, sketch and legal description of the City Gate COD. Petition Exhibit "2" is a Consent of Property Owners. Petition Exhibit "3" includes (A) a map of the proposed water management plan, conceptual potable water plan and conceptual waste water plan, and (B) the proposed timetable and estimated costs of construction. Petition Exhibit "4" is the Master Site Plan for City Gate COD. Petition Exhibit "5" is the Statement of Estimated Regulatory Costs. 21. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date of your prepared testimony is filed? Yes. 4 Agenda Item No. 8D December 1, 2009 Page 61 of 69 22. Why is City Gate COO petitioning for an ordinance to establish the City Gate COD? The COO Property is the best alternative available to deliver community development services to the area to be served. The COO will provide a governmental entity to provide community services and facilities in a manner that does not financially impact persons residing outside the COO, and will provide a responsible perpetual entity capable of making reasonable provisions for operation and maintenance of the COD's services and facilities in the futuTe. The establishment of the COD will prevent the general body of tax payers in Collier County from bearing the burden for installation of the infrastructure and the maintenance of the above-described facilities within the development encompassed by the COD, 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 COD management, real estate development and the development of lands within the City Gate COD in particular. 23. Based on your experience in COD management, do you have an opinion as to whether the proposed City Gate COD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes. 24. What is your opinion? Based on my previous experience and my review of the exhibits to the Petition, the proposed City Gate CDO is of sufficient size, compactness and contiguity to be developed as a functional interrelated community. 25. What is the basis for your opinion? The project is compact with land use typical of a planned commercial/light industrial project. The development of the land has been planned to be a functional interrelated project. 26. Based on your experience, do you have an opinion as to whether the City Gate COD is the best alternative available to provide community development services and facilities to the remaining area that will be served? Yes. - 5 ,...."'-.-----. -.. - ,~".,._- ,----- Agenda Item No. 8D December 1, 2009 Page 62 of 69 27. What is your opinion and the basis for it? The City Gate COO is the best alternative to provide community development facilities to the area to be served. This is true for the landowners and the governmental entities for the following reasons: From the perspective of current and future property owners in City Gate COD, the COD is the best alternative for providing community facilities, infrastructure, and services. The land development envisioned for the area in the COO will require substantial provision of infrastructure, facilities and services. The COO is an alternative method to provide these necessary services. The COD 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 COD has the power to assess property and collect those assessments along with other property taxes. Therefore, a COD can fund large capital improvement programs that a HOA cannot. With regard to the operations and maintenance of community facilities and services, the COO is also the best alternative. The COD is preferable to an HOA or property owners association to future landowners for several reasons. First, unlike a HOA, the COD 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 COD is a unit of local government and it must hold its meetings in the sunshine and bid out its contracts. A COD provides control to the landowners much sooncr in time than a HOA. A COD is 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 COD. From the perspective of the State of Florida, Collier County, and the water management district, a COD is the best alternative for providing community facilities and their operations and maintenance for a variety of reasons. . First, as noted above, compared to an HOA. the COD is a more powerful and more responsive organization for providing and for maintaining infrastructure and services. Second, with a COD, the County would have to assume some responsibility for construction, operations, and maintenance of community facilities and services. Even if the County formed a dependent district to provide community facilities and services to the area to be served by the COO, and charged appropriately for these services, the County would be enmeshed in the responsibilities and in the management. Furthermore, without a COD, the County cannot be assured that only residents of the area to be served by the COD would bear the full costs of the needed facilities and services. 6 Agenda Item No. 8D December 1, 2009 Page 63 of 69 28. Based on your experience, do you have an opinion as to whether the services and facilities to be provided by the City Gate CDD will be compatible with the uses and existing local and regional facilities and services? Yes. 29. What is your opinion and the basis for it? The City Gate COD's facilities and services within the boundaries will not duplicate any available regional services or facilities within the City Gate COD. The COD 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. 30. Based on your experience, do you have an opinion as to whether the area to be included within the City Gate CDD is amenable to being served by a separate special district government? Yes, I do. It is my opinion that the area designated to be included in the City Gate COD is amenable to existence as a separate special district government. 31. What is the basis for your opinions? .'-', It is clear that the lands in the City Gate COD will continue to have the need for basic infrastructure. The land area for the City Gate COD has previously been evaluated for sufficiency of size, compactness, and contiguity and meets those tests. Therefore, from a professional management perspective, the area to be served by the proposed boundaries of the City Gate COD is clearly amenable to separate special-distinct governance. The City Gate COD 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 City Gate COD's capability to provide those . services. Turning to the economic exhibits and opinions, we will begin addressing portions of the Petition to Establish the City Gate CDD boundaries that relate to certain economic analysis matters, including the exbibits, and your expert opinions on economic analysis issues. 32, Are you familiar with Petition Exhibit "5"? Yes, I am. It is the SERC (Statement of Regulatory Costs) required by Chapters 190 and 120, Florida Statutes. -"~ 7 - '-"~"-'~~--"~"- _._-~ , ~.-. .--- "..,.-.,. ....-.,...... Agenda Item No. 8D December 1, 2009 Page 64 of 69 33. How are you familiar with it? I prepared the SERC in accordance with the statutory requirements. 34. Are there any corrections that need to be made? No. This exhibit is true and correct. 35. In general terms, please summarize the economic analysis you have presented in the SERe. First, the boundaries of City Gate CDD will have no cost impact on State, County, or City government beyond the processing of the Petition. The processing costs are modest and will largely be offset by the filing fees charged for the fonnation of COOs. Second, the .boundaries will have no negative economic impact on future landowners within the CDD boundaries. Third, the CDD will not have any impact on small businesses. 36. Please describe briefly the data and methodology you 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. 37. Turning now to the state and local comprehensive plan criteria of Section I90.005(1)(e)2, do you have an opinion as to whether the establishment of the City Gate CDD is inconsistent with any applicable element or portion of the State Comprehensive Plan? Yes. 38. What is your opinion? It is my opinion that the establishment of the City Gate CDO is not inconsistent with any applicable element or portion of the state comprehensive plan. 39, What is the basis for that opinion? I have reviewed, from a planning perspective. the State Comprehensive Plan, particularly those portions which relate to COOs. 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 planning perspective, four subjects, subject 15,20,25, and 17 of the State Comprehensive Plan are relevant to the establishment of a COD. 8 "',_,'C"""'__""~"'."__'~';_" Agenda Item No. 8D December 1, 2009 Page 65 of 69 40. What is Subject 15 and why is it relevant? 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 COOs are designed to provide infrastructure services and facilities in a fiscally Tesponsible manner to the areas which can accommodate development. The City Gate CDD will not be inconsistent with this goal because the City Gate COD will have the fiscal capability to provide the specified services and facilities within its boundaries. The proposed COD is currently raw land without any development, and the undeveloped land owned and/or to be acquiTed by the developer will be under the jurisdiction of the City Gate COD. 41. What is Subject 20 and why is it relevant? Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan, provides that governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed City Gate COD will be consistent with this element because the COD will continue to: (i) cooperate with other levels of Florida government; (ii) be established under uniform general law standards as specified in Chapter] 90, Florida Statutes; (iii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burden the general taxpayer with costs for services or facilities inside the City Gate COD; and (v) plan and implement cost efficient solutions for the required public infrastructure and assure delivery of selected services to residents. - 9 . - ._-,.~-,-"~ --..- _H ....._ __,r_ -+.-. Agenda Item No. 8D December 1, 2009 Page 66 of 69 42. You also mentioned Subject 25. What is this and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the State, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. The proposed City Gate CDD will be consistent with this element of the State Comprehensive Plan because: (i) the proposed City Gate CDD will systematically plan for the construction, operation and maintenance of the public improvements and the community facilities authorized under Chapter 190, Florida Statutes, subject to and not inconsistent with the local government comprehensive plan and development regulations; (ii) the City Gate CDD's meetings will be publicly advertised and are open to the public so that all City Gate CDD land owners can be involved in planning for improvements; (iii) Section 189.41 S, Florida Statutes, requires the City Gate CDD to file and update public facilities reports with the County, which it may rely upon in any revisions to the local comprehensive plan. (iv) The City Gate CDD will be able to coordinate the provision of facilities and services within the City Gate CDD. 43, Are there any other subjects within the State Comprehensive 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 residents; (iv) implementing innovative but fiscally sound techniques for financing public facilities; and (v) identirying and using stable revenue sources for financing public facilities. 44. Do you have an opinion, as someone with expertise in planning, as to whether the establishment of the City Gate CDD is inconsistent with any applicable element or portion of the Collier County Comprehensive Plan? Yes. 10 Agenda Item No. 8D December 1, 2009 Page 67 of 69 45. What is that opinion? The establishment of the City Gate CDD is not inconsistent with any applicable element or portion of the Collier County Comprehensive Plan. 46. Does this conclude your testimony? Yes. - I I _.....,.'.._.____ 0,-- ""--"""" -_.--.- ,.,-'... ----.'.. Agenda Item No. 8D December 1, 2009 o e 68 of 69 PUBLIC NOTICE PUBUC NOTICE PUBUC NOTICE NOTICE OF PUBLIC HEARING The Board of County Commissioners of Collier County, Florida (the "Board; hereby gives notice to the citizens of Collier County tflat a public hearing shall be conducted in accordance with the requirements and procedures of Section 190.005, Florida Statutes. at 9:00 a.m., in the Commission Board Room, 3rd Floor W. Harmon Turner Build- ing (BJdg -Fj Collier County Government Center, 3301 Tamlaml Trail, East, Naples, Florida, on Tuesday, November 10,' 2009. The subject of the Public Hearing is consideration by the Board of a petition filed by Joseph R. Weber, Vice President, through authorized agent Donald A. Pickworth Esq., PA, for 1he establishment of a Community Development District (COD) form of special -purpose local govemment to be known as the City Gate COO and the creation of the district by the adoption of a Collier County Ofdinance titled as set forth above pursuant to Sec- , tion 190.005(2), Florida Statutes. The district government would serve an area of land in Col/ierCounty generally , described as follows: The proposed District is located entirely within the unincorporated area of Collier County, Florida The proposed district covers approximately 253.~ acres of larnt The site is In the area of the northeastern quadrant of the intersection of 1~75 and, County Road 951, Collier Boulevard, wTthin Section 35, Township 49 South, Range 26' '. East. as depicted below. .. ~,~.~'if.~-;'''''II' =:,J IIII-'l..t--;t. ";-tl-;-ll ~ ,'l .:.. _I \'t'ij~",;i "~""''''''IHiI..''-tli':'' i"Ct. .. 'eLL: ..I __' ic:.._,'t- , tlllf i~~iFl"~iI!E"<il' ril, I' , " - --- ~__"_ ------c . "~'''l:i~'''''' IIJ""-TJ: -'--'I' - -....., '="""';O='f: - 11. --_~__ --, ,~~!;' ~"~ -I-li.l I ' ;-', __ -~, --'-'-,=---.~.- ~ ~ - - -~ -, -,-- <, -1 T;-, I ',".>..' ",.,4;.',:"",' I .'. '-.'; ','" '.,'.......,..",,.,....,,,,".-. , . ,....' '.''''' """,.",~...,,".-'. , .'_~ _'_,_ <-H ""'c"".",,,,,; "'. 'r' ~'---', - "".>J 1,."p~""w '" : I, f ">;i?,'"'M,j, _..c..... - ....~. - ' :;-. "':' ,~"j'\'/:~~ .. -"",.-)..- ,I I I "..' " """",,. ,.., ",.."" .-- ~ '~';~,..., ,.,L- .. -- -- _._~ '.'----..,,'--- '--, ,---- I I I ,; '.;~~_: -:'-W. ,---',' ,-~". . " ;, 0/ -',J ;) .. {\ ''',-':' \ :,~\; I, m'_ -:'--,j' 1,,'-- .' "r'-1'--:,---1 .-" r' .. ( ~'"P 0"~:::~-';;;;;.. D'" CJ..... A community deveiopment district is a fonn of special purpose government used to provide Infrastructure subject to the regulatory requirements of both the State of Fiorida and Collier County governing any existing or ~ure laWful use and development of the land described above, and specifically governing the planning, implementa- tion, maintenance, and, financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concurrency, comprehensiyg planning, and development - permitting. - ":1' ,';'JI; =.".:.==--.- On April 7, 2009, Joseph A. Weber Vice President of B50 NWN, LlC and CG II, LLC (Petitioner's), officially s,ubmit- ted and filed tis Petition for an Ordinance to Establish the City Gate Community Development District, along with the application-processing fee of $15,000.00, for review by. the County. The Board's consideration of the COD Petition will co'mply with Section 190.005, Florida Statutes, ,In conducting, this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted, to the six factors listed in Section 190.005(1 )(e), Rorida Statutes, and determine whether Collier County will establish the City Gate Community Development District by adoption of the ordinance. ' . . According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed distrfct establishment: State of Florida and Its citizens {modest or very smalQ; Collier County and its citizens (modest or very small); the present property owners; BRd the Mure property owners. A copy of the full text 01 the Petitioner's statement of estimated regulatory costs in accordance with 1I:1e require- ments of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is available for review, along with a copy of the full text of the petition and any of its documentation and the omi. nance, at the Office of the County Clerk, Collier County, 3301 Tamlami Trail, East, Naples, Florida Copies of 1he petition, which contains the legal description of the real property to be serviced by the proposed district and the ordinance, are also on file at the Collfer County Comprehensive Planning Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissionef'5 with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. October 15, 2009, October 22, 2009 and November 4, 2009 City Gate Community Development District Joseph R. Weber, Vice President 850 NWN, LlC, and CG II, lLC (Petitioner's) BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA DONNA AAlA CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L Morgan, Deputy Clerk (Seal) No. 231136694 .octQber 15. 22. No~ember 4,2009 . .. . , 1 , I' , I . , .Elli!LIC It!ll'lCE PUllLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER ORDINANCE ORDINANCE NO. 09-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSlONERS OF CDL- UER COUNTY, FLORIDA, ESTABLISHING AND NAMING THE CITY GATE COMMUNfT'( DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAl BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING STATUTORY PROVI- SIONS AND COMMITMENTS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE GODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECnVE DATE. The Board of County Commissioners of Collier County, Florida (the "Board~) hereby gives notice to the citizens of Collier County that a public hearing shall be conducted In ac. cordance with the requirements and procedures of Section 190.005, Florida St~tu~es, at 9:00 a.m., in the Commission Board Room, 3rd Floor W. Harmon Turner Building (Bldg "F'1 Collier County 'Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, November 10, 2009. The subject of the Public Hearing is consideration by the Board of a petition flied by Joseph R. Weber, Vice President, through authorized agent Donald A. Pick- worth Esq., P.A., for the establishment of a Community Development District (COD) form of spacial purpose local government to be known as the City Gate CDD and the creation of the district by the adoption of a Collier County Ordinance titled as set forth above pursuant to Section 190.005(2), Florida_Statutes. The district government would serve an area of land In Collier County generally described as follows: The proposed District is located entireiy within the unincorporated area of Collier County, Florida. The proposed district covers approximately 253.05:l: acres of land. The s!le is in the area of the northeastern quadrant of the intersection of 1-75 and County Road 951, Col- lier Boulevard, within Section 35, Township 49 South, Range 26 East. as depicted below. 1(;~1'111:tl~",\,;'b:;\S~'\ '"I' r~I' ~I,' i " I : j,,' ! ! i II il ,.:",ijl,!!,II/YO"I'i)II"':';:i'il"i.'ll" ! '!: I:! I I :11 i I 'i,:,(di",',',I!'I:i'i:;:,,, Ii 10::: II,!II i ;. I " , !" ,Ui:L';!:!;:~"';:i::!,:,;i::r! I (,!; .i:::;'.~,J:", '" 1 'i i : I I i , , 'I 'I ...,', 1 I ~ ~>~<~"'~'C- ,: ; " ""':;V-;;'J. p',,-\ ~ , ,., ' _"'--' -., "a%"'''"''- , .: I:, ,,' n<~~i ,"'"s. 6 ."""".' I . '_ ..""~^~,,. _".., , " " ", '",~ h ", ! "',' ,,,,,,,,,,,.,,' 'ii' . ,,',IIll:Ili'!:I::I' ., "'I'" 1 ' " ,'11"""11. (', ,'-"...~'",d,',,,, _, ',. I' I "'./';"-"'"1 I ~,..' " /.;f ".' r" .. J~~ , '.J,',',:,".I; ~...~:.,-:" I I :' , ,~i "~I 1 . , , , , , . , , , , , I ,. , , , , , , , , , , , , , , ..........,.. , , "I i ':.I)li :111, I'!il , ii'" "',.",,,.. ' .' "," . " ' "'i"i:i,,;'V ,I" 1'\''\' il r ,1.~,)~I:_ .11 I ! I , I: I P!, 'i' ': I ! L6:"C:,:~ i.:"""o"-~::"'7.C;::- -- ,c--~_."" . -" -- A community development district is a form of special purpose government used to provide infrastructure subject to the regulatory requirements of bolli the State of Florida and Collier County governing any existing or future lawful use and development of the land described above, and specifically governing the planning, Implementation, maintenance, and financ- ing of basic community facilities, systems, and services which may be required 01 any such development consistent with principles of concurrency, comprehensive.planning, and developmerrtpellTlitting. . On April 7, 2009, Joseph R. Weber Vice President of 850 NWN, LLC and CG II, LLC (Peti- tioner's), officially submitted and filed its Petl1ion for an Ordinance to Establish the City Gate Community Development District, along with the application-processing fee of $15,000.00, for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005, Florida Sta1utes, In conducting this Public Hearing. The purpose of this hearing is to consider the relatibnship of the petition as submitted, to the six factors listed in Section 190.005(1)(e), Florida S~atutes, and determine whether Collier County will establish the City Gate Com- munity Development District by adoption of the ordinance. According to the Petition, alleast four categories of persons may be affected by the eco- nomic conse.quences of the proposed district establishment: State of Florida and Its citizens (modest or very small); Collier County and Its citizens (modest or very small); the present property owners: and thefulure property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accor- dance witll the requirements of Section 120.541. Florida Statutes, including an explanation of its computations and determinations, is available lor review, along with a copy of th~ lull text of the petition and any of Its documentation and the ordinance, at the Office of the County Clerk, Collier County, 3301 Tamiaml Traii, East, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be ser- viced by the proposed district and the ordinance, are also on file at the Collier County Comprehensive Planning Department, at 2800 North Horseshoe Drive, Naples, Florida All interested persons are invited to attend, If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting Of hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. -. October28,20D9- City Gate Community Development District Joseph R. Weber, Vice Presldent 850 NWN, LLC, and CG II, LLC (Petitioner's) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIAlA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L Morgan, Deputy Clerk {Sea~ Na.2:l1138~7 Ocwber28 :2009 , .~'---_.__... __"'0_" -_. "-,- w '" ;I> . ! . . ll. :ll o II g. . " .. ,= .. c ill , z . '" - . . " . c .. ~ ~ "_'0 Agenda Item No. 8D December 1, 2 09 Page 69 0 69