Agenda 05/27/2008 Item # 8A
Agenda Item No. 8A
May 27, 2008
Page 1 of 21
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EXECUTIVE SUMMARY
Recommendation to consider the Dissolution of Copper Cove Community Development
District (CDD) pursuant to Section 190.046(9), Florida Statutes.
OBJECTIVE:
The objective of this public hearing is for the Board of County Commissioners (Board) to review
and consider an adoption Ordinance for a Plan of Dissolution of Copper Cove Community
Development District (CDD).
BACKGROUND:
Copper Cove Community Development District was approved by the Board of County
Commissioners at their hearing on April 25, 2006, by Ordinance No. 2006-17 for establishing
conventional mixed-use residential type dwellings, for a total of 300 dwelling units at a density
of2.96 per acre, consisting of 101.56clo acres.
CONSIDERATIONS:
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On February 1, 2008, Colonial Homes, Inc., of which the managing member is Alan S. Farrior
by and through its undersigned attorney, jointly filed a petition with the Comprehensive Planning
Department of Community Development and Environmental Services Division, for a Plan of
Dissolution of Copper Cove Community Development District. A $1,500 application fee and
$1,254 advertisement fee were submitted.
The District is located entirely within Collier County, Florida and the site is located in Sections
II and 14, Township 51 South, Range 26 East. The District is bounded on the South and East by
Fiddler's Creek, on the West by Pelican Lakes RV and Silver Lakes RV Resorts, and on the
North by Quail Roost Development.
Attached as Exhibit A to the Ordinance is, a Plan of Dissolution, a Certificate of Financial
Disposition and the metes and bounds description of the District. The Financial Disposition
states that, "The Copper Cove Community Development District in Collier County, Florida has
incurred no liabilities subsequent to its establishment effective the 25th day of April 2006,
through the date of this certitication, the II th day of March 2008".
Additional back-up includes the Board of Supervisors Resolution No 2007-23, dated August 29,
2007, requesting dissolution of the district, and also includes the Landowner's Consent to
Dissolution.
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Currently the CDD consists of 12 to 13 unoccupied model homes with approximately 3 roads
that have not been inspected and/or accepted by Collier County and are thus private roads.
According to the "Declaration of Covenants, Conditions and Restrictions" for Copper Cove
CDD, Section 3.5 Express and Implied Powers, reads, "If for any reason the eDD is neither
created, or is created and then dissolved, each and every responsibility which was as.mmed,
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Agenda Item No. 8A
May 27, 2008
Page 2 of 21
managed, maintained or performed by the CDD shall revert to the Community Association
automatically and the Community Association shall accept and immediately assume all such
responsibilities. "
By adopting the ordinance and granting the petition, the Board of County Commissioners would
authorize the District, through its Board of Supervisors, the Dissolution of the District.
FISCAL IMPACT:
There are no fiscal impacts.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact.
LEGAL CONSIDERATIONS:
The Board of County Commissioners may, at its discretion, dissolve the Copper Cove
Community Development District if the District has no outstanding financial obligations and no
operating or maintenance responsibilities. This is a legislative act and as such the fairly
debatable standard applies. This means that the legislative action will be upheld by a court of
law if it is found that reasonable persons could differ as to its propriety. A simple majority (3/5)
vote of the Board is required for approval of the dissolution. [MMSS]
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt and enact the proposed
Ordinance, providing for the Dissolution ofthe Copper Cove Community Development District.
Prepared by: Marcia R. Kendall, Senior Planner, Comprehensive Planning Department
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Agenda Item No 8A
May 27, 2 08
Page 3 0 21
ORDINANCE NO. 08-_
AN ORDINANCE 01' THE BOARD 01' COlII\'TY
COMMISSIONERS 01' COLLIER COUNTY, fLORIDA,
PROVIDII\'G FOR TilE DISSOLUTION 01' TilE COPPER
COVE COMMUNITY DEVELOPMEI\'T DISTRICT
PURSUANT TO SECTION 1911.1146(9), FLORIDA ST AHlES;
PROVIDING FOR TilE DISSOLUTION OF ALL THE
COMMUNITY DEVELOPMENT SERVICES 01' TIlE
COPPER COVE COMMUNITY DEVELOP!\1EI'H
DISTRICT, IN ACCORDANCE WITH A !'LAN 01'
DISSOLUTION; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDII\'G AN EFFECTIVE DATE.
Recitals
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WHEREAS, the Copper Cove Community Develnpment District (the "Districf') was
established by Ordimmcc No. 06~17 of the Board of Clunty Commission of Collier County,
Florida. pursuant to Chapter 19U, Florida Statutes, on April 25, 2006: and
WHEREAS. the District is located wholly within the bounda.ries of Collier County,
Florida (the "County"); and
WHEREAS. the District operations have been and currently are funded solely by the
contributions, in lieu of taxes or assessments, by Colonial Homes, Inc., the developer and
majority land holder within the District (the "Developer"); and
WHEREAS, the District has not issued any bonds. notes or other f011115 of indebtedness
and has no outstanding financial obligations and no operating or maintenance responsibilities;
and
WHEREAS, the dissolution of the District will not hann or otherwise injure any interests
of the current o\\'ners of land or residents of the District, nor hann nor otherwise injure any
interests of any other party within or ",'Hhom the District; and
WHEREAS, the District's Board of Supervisors and the owner of one-hundred (100%) of
the lands within the District request that the County adopt this non-emergency ordinance
providing for the dissolution of all community development services of the District and to
provide for the dissolution of the District in accordance with Section 190.046(9), Florida Statutes
(2007); and
WHEREAS, the District's Board of Supervisors has adopted Resolution No. 2007-23
dated August 29, 2007 adopting a Plan of Di~s(llution and expressing the District's desire that the
County adopt the same Plan of Dissolution, which Plan of Dissolution is attached to this
Ordinance a Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that;
SECTION ONE:
AUTHORITY FOR ORDINANCE.
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This Ordinance is adopted in compliance with and pursuant to the Uniform Community
Development Act of 1980 codified in Chapter 190, F10lida Statutes.
Page 1 of2
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Agenda Item NO/8A
May 27, 2 08
Page 4 0 21
SECTIO:>l TWO: INCORPORATION OF WHEREAS CLAUSES.
All of the above representations, findings and determinations contained within the
W11ereas Clauses of this Ordinance are recognized as true and aecumte. and arc incorporated
expressly into this Ordinance and mad!: a material part of this Ordinance.
SECTION THREE: AllOJ'T10JlO OF PLAN OF IlISSOLLTION.
The County bcrehy npprovcs and adopts the plan of Dissnlution of the Copper Cover
Community Development District atladlcd to this Ordinance as Exhibit "A".
SECTION FOUR: DISSOLUTION OF DISTRICT.
Once ull community dcn:lormcnt services of the District have been dissolvL:d and upon
compliance with nil the terms oflhc Plan of Dissnlulion, the District shall file a copy of the Plan
of Dissolution and this Ordinance with the Clerk of the Twentieth (20Ih) Judicial Circuit in and
for Collier County, Florida, in accordance with Section 190.046(6), FIQrida Statutes. Upon the
filing of the Plan of Dissolution and this OrdilHUlcc \vith the Clerk of the Circuit Court, the
District is hereby dissolved without fUlther action by either the County or the District.
SECTION FIVE, SEVERABLlTY.
In any provision of this Ordinan.:c or the application thereof is finally determined by a
oourt of competenf jurisdiction to be invalid, illegal or unenforeeahle, such provision shall he
deemed to be sc\'crable and the remaining provisions shall continuc in full force and effect
provided that the it1\'alid, illegal, Of unenforceable provision is not material to be logical and
intended interpretation ofthi5 ordinance.
SECTION SIX:
EFFECTIVE DATE
This Ordinance shall tal\e effect upon tiling with tbe Florida Department of State.
PASSED AND DULY ADOPTED hy the Board of County Commissioners of Collier
County, Florida, tbis _ day of , 2008
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COl'NTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By: .____ _____~_
TOM HENNING, CHAIRMAN
Approved as to form
and legal sufficiency:
~ili,,~_, ,:nL...lb:M-'ur--,J.~
Mar:j reM. Student4StIrhng - 6
Assistant County Attorney
Page 201'2
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Agenda Item No. 8A
May 27, 2008
Page 5 of 21
PLAN OF DISSOLUTION FOR
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
1. PURPOSE. The purpose of this Plan of Dissolution is to provide a plan for the orderly
dissolution of the Copper Cove Community Development District (the "District").
2. CONSTRUCTION. This Plan of Dissolution shall be construed liberally to accomplish the
smooth and orderly dissolution of the District.
3. AUTHORITY. Section 190.046(9), Florida Statutes provides that if a district has no
outstanding fmancial obligations and no operating or maintenance responsibilities, upon petition of the
district, the district may be dissolved by a non- emergency ordinance of the local governmental entity that
established the district.
4. SERVICES. The. District is currently managed by a contract administrator and has no
employees. Legal counsel has been retained by the District by contract to provide legal services to the
District. The District currently does not provide any community development services to the owners of
lands within the boundaries of the District. The District Manager and District Counsel are responsible for
filing any final reports or other documents on behalf of the District that are required by law, and for
performing any and all other actions on behalf of the District within thirty (30) days after the effective
dissolution of the District. Following dissolution of the District, all outstanding invoices from the District
Manager and District Counsel are to be submitted to and paid directly by Colonial Homes, Inc.
~ 5. ASSETS AND LIABILITIES. The District has no real property, infrastructure or other assets
and has no debt or maintenance responsibilities.
6. CONTRACTUAL OBLIGATIONS OF TIlE DISTRICT.
A. All existing contractual obligations of the District shall be addressed as follows:
(I) The District's agreement with the law firm of Goodlette, Coleman, Johnson,
Yovanovich & Koester, P.A. to serve as District Counsel shall terminate upon the
effective dissolution of the District. The District will obtain an appropriate release or
other acknowledgment of the termination from Goodlette, Coleman, Johnson,
Y ovanovich & Koester, P .A.
(2) The District's agreements with the firm of Wrathell, Hart, Hunt and Associates, LLC
to serve as District Manager shall terminate upon the effective dissolution of the District.
The District will obtain an appropriate release other acknowledgment of the termination
from Wrathell, Hart, Hunt and Associates, LLC.
B. All revenue agreements with Colonial Homes, Inc. shall expire and be void upon final
payment of all financial obligations of the District to any third party beneficiary, including any payments
due to Collier County (the "County"), any other governmental entity, the District Managcr and/or District
Counsel resulting from the dissolution of the District.
7. FINANCE. The District maintains one operating account with SunTrust Bank. The revenue in
this operating account is provided via a funding agreement with Colonial Homes, Inc. The balance of this
(' account is approximately $300.
Exhibit A
Agenda Item No. 8A
May 27, 2008
Page 6 of 21
8. NOTICE OF DISSOLUTION. District Counsel shall file a Notice of Dissolution of the Copper
Cove Community Development District in the Public Records of Collier County, Florida. A copy of the
Ordinance passed by the County dissolving the District shall be transmitted to the Florida Department of
Community Affairs by the County pursuant to Section 189.418, Florida Statutes.
9. OFFICIAL DISTRICT RECORDS. All official records of the District shall be transferred to
the Florida Secretary of State by the District Manager. However, such a transfer of official District
records shall not occur as long as the District has an obligation, under any law, to keep and maintain any
such official District record. If any official record of the District cannot be transferred prior to the
dissolution of the District, then the failure by the District Manager to transfer such a record shall not
cause this Plan of Dissolution to not be completed within the time permitted. Any such record shall be
transferred by the District Manager to the Florida Secretary of State as soon as is practicable after the
dissolution of the District, in accord with this Plan of Dissolution.
10. OPERATION OF TIDS PLAN OF DISSOLUTION. This Plan of Dissolution shall be carried
out in accordance with of Resolution 2007-23 of the District's Board of Supervisors to dissolve the
District. After complying with the terms of this Plan of Dissolution, the District will be dissolved without
any further action.
Exhibit A
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Agenda Item No. SA
May 27, 2008
Page 7 of 21
Copper Cove Community Development District
Certificate of Financial Disposition
The undersigned, acting on behalf of the Copper Cove Community Development District,
(the District), as District Manager, in connection with the financial status of the Copper
Cove Community Development District (Collier County, Florida), hereby certifies as
follows:
1. The Copper Cove Community Development District, in Collier County,
Florida, has incurred no liabilities subsequent to its establishment
effective the 25th day of April, 2006, through the date of this certification,
the 11 th day of March 2008.
IN WITNESS WHEREOF, I HAVE SIGNED, the certificate on behalf of the District,
this 11 th day of March, 2008.
Copper Cove CDD
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BY:
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Exhibit A
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Agenda Item No. 8A
May 27,2008
Page 8 of 21
RESOLUTION NO. 2007-23
A RESOLUTION OF COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT REQUESTING THAT THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA DISSOLVE THE DISTRICT PURSUANT
TO SECTION 190.046(9), FLORIDA STATUTES; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF COPPER COVE
COMMUNITY DEVELOPMENT DISTRICT:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. The Board of
Supervisors (the "Board") of Copper Cove Community Development District (the "District") is
authorized to adopt this Resolution under the authority granted by the provisions of Chapter 190,
Florida Statutes, as amended, its Charter (Ordinance No. 2006-17 adopted by the Board of
County Commissioners of Collier County, Florida on April 25, 2006, (hereinafter, the
"Ordinance") and other applicable provisions oflaw (collectively, the "Act").
SECTION 2.
FINDINGS.
A. Pursuant to the Ordinance, Collier County established Copper Cove Community
Development District (the "District") as a community development district within the meaning of
Chapter 190, Florida Statutes.
B. The District has no outstanding financial obligations, does not own any
infrastructure or other public assets, improvements or facilities, and has no operation or
maintenance responsibilities. The District meets the requirements for dissolution by non-
emergency ordinance of Collier County pursuant to Section 190.046(9), Florida Statutes.
C. The Board of Supervisors of the District desires to adopt this resolution requesting
that the Board of County Commissioners of Collier County dissolve the District by ordinance
pursuant to Section 190.046(9), Florida Statutes.
SECTION 3. REQUEST FOR DISSOLUTION OF THE DISTRICT. The
District hereby requests the Board of County Commissioners of Collier County dissolve the
District by ordinance pursuant to Section 190.046(9), Florida Statutes. The District's General
Counsel and District's Manager are hereby authorized, individually or collectively, to submit this
resolution to Collier County and to further take such action as is appropriate or necessary to
pursue and obtain the dissolution of the District as requested hereunder.
SECTION 4. SEVERABILITY. Should any sentence, section, clause, part or
provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the
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Agenda Item No. 8A
May 27, 2008
Page 9 of 21
i /,
same shall not affect the validity of this Resolution as a whole, or any part thereof, other than the
part declared invalid.
SECTION 5.
upon its adoption.
EFFECTIVE DATE. This Resolution shall be effective immediately
PASSED AND ADOPTED at a meeting of the Board of Supervisors of Copper Cove
Community Development District this 29th day of August, 2007.
Attest:
COPPER COVE COMMUNITY
DEVELOPMENT DISTRIC
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Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
Page 1 of 1
Agenda Item No. 8A
May 27, 2008
Page 10 of 21
Recommendation to consider the Dissolution of Copper Cove Community Development
District (CDD) pursuant to Section 190.046(9), Florida Statutes.
5/27/2008900.00 AM
Prepared By
Marcia Kendall
Community Development &
Environmental Services
Planner
Date
A pproved By
Randall J. Cohen
Community Development &
Environmental Services
Comprehensive Planning
5/5/20088:59:25 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Comprehensive Planning Department
Director
Date
Approved By
Comprehensive Planning
5/6/20087:36 AM
Operations Analyst
Community Development &
Environmental Services Admin.
Date
51712008 10:35 AM
Marjorie M. Student-Stirling Assistant County Attorney
Date
Approved By
County Attorney County Attorney Office
5/14/20081:12 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Approved By
OMB Coordinator
County Manager's Office
Community Development &
Environmental Services Admin.
5/14120086:49 PM
Approved By
Mark Isackson
County Manager's Office
OMS Coordinator
Date
Approved By
James V. Mudd
Board of County
Commissioners
Office of Management & Budget
5/1 S/2008 9:28 AM
Budget Analyst
Date
file:IIC:IA2:endaTestIExDortll 08-Mav%2027. %202008108.%20ADVER T1SED%20PI JRI ,Ie... 5121/2008
Office of Management & Budget
511512008 5:09 PM
County Manager
Date
County Manager's Office
5/20/200810:23 AM
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Agenda Item No. 8A
May 27,2008
Page 11 of 21
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COLO S
. -- .--..-.-.-------:A:------.-. ------
A COLOKJAL"yCOl\1PANY
January 4, 2008
To Whom It May Concern:
Due to the economic conditions surrounding the homebuilding industry in South Florida
we are requesting that the Copper Cove Community Development District be dissolved.
It has become apparent that residential lots are unmarketable with the CDD burden
associated.
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The Copper Cove development is in its infancy and at this time no lots have been
transferred to third party buyers, so this is an opportune time to take this action. We
respectfully ask that you accommodate our request. We are available to furnish any
additional information and answer any questions you may have.
S7f);2
Alan S. Farrior
President
PF/th
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2000 In!ers!,,!e Park Drive, Suite 30o-Mon!eomer9' Ai 36100(334l'Z70-678g.rax (334)270-6538
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Agenda Item No. 8A
May 27, 2008
Page 12 of 21
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LANDOWNER'S CONSENT TO DISSOLUTION OF THE
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
COLONIAL HOMES, INC., a Florida corporation, hereby certifies that it is the owner
or controller of certain property located in Collier County, Florida and more particularly
described on Exhibit "A" attached hereto and made a part hereof.
By signing below, !JJIJ/;;"; Jk~5Ac. as owner, or controller of the
above-described property located within the COPPER COVE COMMUNITY DEVELOPMENT
DISTRICT (the "District"), as evidenced in the deed records of Collier County, Florida hereby
gives full consent to the dissolution of the District by Collier County ordinance in accordance
with Section 190.046, Florida Statutes.
IN WITNESS WHEREOF, I hereunto set my hand this ll.!::..- day of\J?U.rl \('(
2007.
By:
Name:
t: s: hw"",;
Title:
STATE OF Ala.! ,CA" (u
COUNTY OF II:OI'-ie(fY'P/~)
The foregoing instrument was acknowledged b\1ore me this ~ day of L'fee: \, t ,€( ,
2007, by 1lJiL ~ :j Fbo u( , as h('i~lrlr., I of Colonial Homes,
Inc., a Florida corporation, on behalf of the corporation..~e is IY') personally known to me
or [ ] has produced as identification.
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Aia[~~~<
Notary PuI'l~<<.-.-r l:l
PRINTNAME:] (Q{L.j Crb~
My commission expires: Lj ~ ,) G:'S'
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Agenda Item No. 8A
May 27, 2008
Page 13 of 21
Exhibit "A"
Legal Description of Colonial Homes Property
All of that certain real property submitted to plat of Copper Cove Preserve, according to the plat thereof
recorded in Plat Book 46, Pages 1 through 8, inclusive, of the Public Records of Collier County, Florida.
LESS AND EXCEPT the following real property:
Lots 38, 48, 49, 52, 53, 54, 57, 76, 77, 79,81,82,84,88, 114, and 117, Copper Cove Preserve, according
to the plat thereof recorded in Plat Book 46, Pages I through 8, inclusive, of the Public Records of Collier
County, Florida.
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Agenda Item No. 8A
May 27, 2008
Page 14 of 21
"
LANDOWNER'S CONSENT TO DISSOLUTION OF THE
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
MERITACE HOMES OF FLORIDA, INC., an Arizona corporation, hereby certifies
that it is the owner or controller of certain property located in Collier County, Florida and more
particularly described on Exhibit "A" attached hereto and made a part hereof.
By signing below, i-~ c4L' I A i\ \ V I~ '-, , as owner, or controller of the
above-described property located within the COPPER COVE COMMUNITY DEVELOPMENT
DISTRICT (the "District"), as evidenced in the deed records of Collier County, Florida hereby
gives full consent to the dissolution of the District by Collier County ordinance in accordance
with Section 190.046, Florida Statutes.
IN WITNESS WHEREOF, I hereunto set my hand this ~day ofl)t(,:ri\0l'(':', ,
2007,
MERITACE HOMES OF FLORIDA, INC.,
an Arizona corporation
Ry:/ /a/./f..:,U~)
Name;!)J )j-i.:!; if ff f /V ;lIS,
Title: V/]{~ SCj,l'e ,1
( )
STATE OF fL
COUNTY OF LlT
The foregoing instrument was acknowledged before me this rt"day of IJ,C n,\ ~)c:!<" ,
2007, by f, !~" 1.\ "TV 11--'" , as t, P :.~ :; ;'l l " of Meritage.....Htnnes"
of ~l~ an Arizona corporation, on behalf of the corporation. He/~ is [ ] .~sonal)y'
/kilown to me ort ]~d"'- ..,.' as IdentificatIOn.
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/),Ll,,\ )) )!..(('" .,..i
-~ / v
Notary Public , \
PRINT NAME: I H \ r If rei i i (''I'
My commission expires: >. (I ~ I ( !
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Agenda Item No. 8A
May 27, 2008
Page 15 of 21
Exhibit "A"
Legal Description of Meritage Homes Lots
Lots 38, 48, 49, 52, 53, 54, 57, 76, 77, 79, 81, 82, 84, 88, 114, and 117, Copper Cove Preserve, according
to the plat thereof recorded in Plat Book 46, Pages 1 through 8, inclusive, ofthe Public Records of Collier
County, Florida.
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Agenda Item No. 8A
May 27,2008
Page 18 of 21
3B43007 OR: 4041 PG: 2468
RlCORDID in OmCIAL RlCORDS of cmIIR eoom. IL
01/2212006 at 03:2111 DIIGHT I. BlOel, CLIRI
RlC III 1072.10
TbiJ IDStrUment prepared by:
ChnstopbCT J. Shields, E").
PAVESE LAW FIRM
1833 Hendry Str<<r
Fori Myers. Florida 33901
(239) 334.2195
Retn:
DRITAGI BOUI CORP
11631 115ftIIIl DI 17
!l lUll FL 33m
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
COPPER COVE PRESERVE
THIS DECLARATION is made this z.. day of J}, rv , 20 (J(, . by Colonial Homes,
Inc., a Florida corporation, hereinafter called the "Decl~tself and its successors, grantees,
and assigns.
/\>\t~R COU..".
/1\.."..,,'\\.. . \ "
/,... j ,
WHEREAS Declarant owns ' I property located in I County, Florida, and intends 10
create thereon a residential pi ~,>t Ofs~arni hO~. multi-family slI1lcturesand
related recreational and 1~ common T ' enitie , tor known as Copper Cove
Preserve. I~, 0 ~
WHEREAS the real pro !f): ~ . t d 1 !os opper Cove Preserve (the
"Lands") is described in Exhtl5it~A" to this Declarall , ~1:f;C/amended from time to time;
and !t' ~ _I
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WHEREAS to preserve, prot ~, ance the valu .~OPerty and amenities in the
Communi!y, and tbe general health, ' bers, Declarant deems it desinlble
to subject the Community 10 certain pro c~ . conditions, and reslrictions; and
PREMISES:
WHEREAS to pro,'ide a means for meeting the purposes and intents herein set forth, Copper Cove
?reserve Community Association, Inc.. a Florida cO!J}Oration not for profit (hereinafter the
"Community Association") has been incorporated; and
WHEREAS pursuant to Chapter 190, Florida Statutes, a Community Development Dislrict, (the
"COD") may be created to own, operate, administer and maintain certain parts of the infrastrncture
of the community as further described in Sections 2,2-2.9 of this Oedamtion; and
WHEREAS Declarant shall, in its sole discretion, from time to time, convey, lease or grant a license
or other use right 10 lands within or withnut the Comrnuni!y hy deed, ..,ement, or otherwise to the
Communi!y Association, or the CDD, or both, (wbich must accept same) for the purpose of
maintCll8llCe, landscaping, drainage, recreation or other purposes for the use and benefit of the
member& BJ1d their families, tenants and guests;
COPPER COVE PRESERVE - DECLARA TION
Agenda Item No. 8A
May 27, 2008
Page 19 of 21
THEMATIC AND IN NO WAY REPRESENT A GUARANTEED FINAL DEVEWPMENT
PLAN FOR COPPER COVE PRESERvE.
3. THE COMMUNITY ASSOCIATION'S PURPOSES AND POWERS. The primaryPUlJlo~es
of the Communily Association an: to hold title 10, operate and mainlaiD the Common Areas of
Copper Cove Preserve; to enforce restrictive covenants applicable 10 the Community; 10 provide
architectural and aesthetic control: and to take .uch other action as the Community Association is
authorized or required to take with regard 10 the Community punU8DI to Ihe Governing documents.
The Communily Association shall operate. insure, maintaln and repair all property and related
improvements designated by Declarant as ComrnUl'jty Common Area., reganlle.s of whether legal
right to that property has been fonnally conveyed to the Comrmmity Association.
~
3.1 Commullitv Common Areas, The Community Associalion shall operale, maintain and, when
deeded by the Developer. hold record tille to the Community Common Areas. The Board of
Direclors may promulgate reasonable rules and regulations regarding use of the Community
Conunon Areas consist""t with the Govemin Documents. Use ofComrnunily Common Areas shall
be available to all members and their . ~~,' members and tenants, subject to the
rules and the Governing Docwn ;QJ intaining, repairing, insuring and
protecting the Community co~. and the facililie 'thereon orcormected therewith
shall be assessed equally agai I al iving Units, mil' ct to the provisions of Section 9.2.
The Community Conunon '1' e roo ,utililie r~lional areas, platted tracls
dedicatedtOtheCOmmuni~ . . ign~tedasCommunityCommon
Areas for the general bene : e. ) ~ \
3..2 MaD.2er. The Corom'~ tali ay ell 0 .~ pay for the services of an
entilyorperson toassisl in mis . g i'. affairs and ca ~oyt it I n.ibilitie., and may employ
otbcr personnel as die comm~ ssociation shall d~ \... necessary or desirable.
3.3 Personal Propertv. The Co ~i.tio . ~". and hoW tangible and intangible
personal property and may dispose 0 ~bt)~~ "",,'i.e.
3.4 Insurance. The Community Association at all times shall procure and maintain adequate
policies of public liability and other insurance as it deems advisable or necesslll)' and as required in
Section 13 below, The Community Association additionally shall cause all persons with accc:s. 10
Community Association funds 10 be insured or bonded with adequate fidelity insurdnce or bonds.
=
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3.5 Ex"r..s and Implied Powers. The Community Associ.tion may exercise any rights, power or
privilege given to il expres'ly by the Governing Documents or by the law in effect al the time this
Declaration is recorded. and every other righI, power or privilege reasonably inferable therefrom. If
for any reason the CDD is neither created. or is created and 'ben dissolved, each and every
responsibility which was BS'IHI\ed, managed, maintained or performed by tbe COD shall reven to
the Communiry Association aotornatically and the Community Association shall ,ccept and
immediately as.wne all such responsibilities.
,--
COPPER COVE PRESERVE - DECLARA nON
9
Agenda Item No. 8A
May 27, 2008
Page 20 of 21
IN WITNESS WHEREOF, Colonial Homes, Inc., a Florida corporation, hereby executes this
Declaration.
Witnesses:
COLONIAL HO~"IC~
a F10riif;ti
By:
#/;-1, It.-' ~~,
Print name: fh , ff:o, H,
~~U)~t
STATE or rL"S1\.f[)A AI~"" )
COUNTYOF~ )
The foregoing instrument w executed before me this ~ day of ~ . 2~ by
At:n '& . ffirrio r , ref:. d onial Homes, Inc., on behalf of the
corporation. He/She is persocally! as
idectification.
(SEAL)
=
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.....,
'-"
.....,
......
COPPER COVE PRESERVE - DECLARA nON
Agenda Item No. 8A
May 27, 2008
Page 21 of 21
AFFIDA VIT OF DISTRICT MANAGER
BEFORE ME, the undersigned authority, personally appeared CHESLEY E. ADAMS, JR., as
Manager of the Copper Cove Community Development District, a community development district
established and existing pursuant to Chapter 190, Florida Statutes (the "District"), who being first, duly
sworn deposes and says:
1. Affiant is over the age of twenty-one (21) years, is otherwise sui juris and has personal
knowledge of the facts asserted herein.
2. Affiant on behalf of Wrathell, Hart, Hunt and Associates, LLC, serves as the Manager of the
District, and has served in such capacity since the formation of the District.
3. This Affidavit is made in connection with a request by the District to the Board of County
Commissioners of Collier County for the dissolution of the District
4. Except for contractual obligations with the District's Manager and Goodlette, Coleman,
Johnson, Yovanovich & Koester, P.A., the District's legal counsel, the District has no outstanding
financial obligations.
5. Because neither the master developer nor any other party has conveyed any infrastructure or
assets to the District: the District has no operating or maintenance responsibilities for any assets or
infi'astructure.
,~ FURTHER AFFIANT SA YETH NAUGHT.
Chesley E. A ams, Jr., Manager of
Copper Cove Community Development District
STATE OF FLORIDA
COUNTY OF COLLIER
SWORN TO AND SUBSCRIBED before me this 21 st day of May, 2008, by Chesley E. Adams,
Jr., as Manager of Copper Cove Community Development District, who U is personally knovin to me or
~as produced Dr:, ,'-( y~___L,.i i enficatio .
,'ii!':',"', CHERYL HILLESHEIM
f~" ~ '''i', MY COMMISSION # DO 475577
;\~.;J EXPIRES: September 25, 2009
':1,:1,,~~':- Son;1cdThruNoilIryPublicUnderv.lilers
Print No
My Commission Expires:
(Seal)
('