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Agenda 07/14/2020 Item #17D (Ordinance - Establish the Tamarindo CDD)07/14/2020 EXECUTIVE SUMMARY Recommendation to consider adoption of an Ordinance establishing the Tamarindo Community Development District (CDD) pursuant to Section 190.005(2), Florida Statutes. OBJECTIVE: For the Board of County Commissioners (Board) to review and consider a petition for the establishment of the Tamarindo CDD by adoption of an ordinance. CONSIDERATIONS: The Rockedge Residential Planned Unit Development (RPUD) Ordinance, was approved by Collier County on February 9, 2016, per Ordinance No. 2016-03 and encompasses the entire land area of the proposed Tamarindo CDD. The proposed District is located near the Northeast corner of the Intersection of Sabal Palm Road and Collier Boulevard (C.R. 951) in Section 23, Township 50 South, Range 26 East, consisting of 106.44+ acres of land. A map showing the location of the land area to be serviced by the District including the metes and bounds legal description of the proposed CDD appears as Exhibit "1A" to the petition, and is provided as "Attachment 1" to this Executive Summary, and is also attached as Exhibit "A" to the proposed CDD Ordinance. On April 9, 2020, Tucker F. Mackie, P.A. of Hopping Green and Sam's, on behalf of DR Horton, Inc., a Delaware Corporation (the "Petitioner"), submitted a petition to the Growth Management Department, Zoning Division, Comprehensive Planning Section, requesting the establishment of the Tamarindo Community Development District, in order to manage and finance certain basic infrastructure for the benefit of the landowners and residents of the Rockedge RPUD. The statutorily required $15,000 application fee was submitted with the petition. The proposed CDD includes an area planned for approximately 251 residential units and amenities on the 106.44+ acres. As of the date of the first of four advertisements required for the establishment of this CDD, no PUD amendment petition for this project has been filed with Collier County. By adopting the Ordinance and granting the petition, the Board would authorize the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners and residents of the Tamarindo Development. This infrastructure, under section 190.012(1), Florida Statutes, includes basic urban systems, facilities, and services, including water supply, sewers, and wastewater management, surface water control and management (drainage), and roads, bridges, and streetlights. If adopted this Ordinance would consent to the further exercise of certain add itional special powers authorized by Section 190.012(2), Florida Statutes, to plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for a) parks and facilities for indoor and outdoor recreational, cultural and educational uses; and b) security, including, but not limited to, guard-houses, fences and gates, electronic intrusion-detection systems, and patrol cars, provided however that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. *The Petitioner shall commit to providing disclosure to purchasers, acknowledging the CDD may levy and impose special assessment. The final assessment amounts will be market-driven, and will be based on market acceptance, the amount of bonds ultimately issued, and the amount of the bonds paid down by the developer at closings. No exact amounts are determinable at this time, and will not be until the bonds are issued, as much as a year or more after the District is established. The District Board of Supervisors is initially elected in a property -based election (one-acre, one-vote), which has been specifically ruled constitutional (State of Florida v. Frontier Acres Community 17.D Packet Pg. 3343 07/14/2020 Development Dist., 472 So. 2d 455 (Fla. 1985)). By operation of law, after six (6) years of duration and at least 250 registered electors residing within the District, the Supervisors are elect ed on a one-person, one-vote basis by such registered electors. In order to provide the basic systems, facilities, and services, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in government, disclosure, conflict of interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiation procedures, competitive bidding procedures, and others. To provide these systems, facilities, and services, the District also is given certain eminent domain powers within tight constraints, as well as the authority to require service charges, fees, or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent, the aforementioned eminent domain power is limited to the bou ndaries of the District. Accordingly, if Collier County adopts the Ordinance, then it establishes the Tamarindo Community Development District as a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and financial structure of Collier County. In addition, the District is also a financing tool, off the balance sheet of the County and the developer. It will provide long-range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. Finally, such a District may not outlive its practical utility and usefulness. If at any time during it s existence Collier County determines by a non-emergency ordinance that it can provide any one of the District services in a more economical manner, over the long term, at a lower cost but with higher quality, Collier County may then take that service away from the District and provide the service itself. Additionally, within five (5) years after the effective date of the Ordinance establishing the District, if a landowner has not received a development permit as defined in Chapter 380, Florida Statutes, on some part or all of the area encompassed by the District, it will automatically be disbanded by state law. Also, if the District becomes inactive pursuant to section 189.062, Florida Statutes, Collier County shall be informed of such occurrence and shall take appropriate action, which may include the dissolution of the District. Finally, if the District has no outstanding financial obligations and no operating or maintenance responsibilities, upon petition of the District, Collier County may determine b y a non-emergency ordinance to dissolve the District. Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a CDD of less than 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 determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the District is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the District is the best alternative available for delivering community development 17.D Packet Pg. 3344 07/14/2020 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 served by the District is amenable to separate special -District government. County legal and planning staff have reviewed the petition and exhibits submitted by the Petitioner (attached) relative to these six (6) factors and have found the proposed Tamarindo CDD petition to be compliant with each of the review factors. Staff analysis relative to the six factors can be found in Attachment 2. FISCAL IMPACT: Exhibit "9" of the petition, "Statement of Estimated Regulatory Costs for Tamarindo Community Development District," 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 is $4,110,788.30 consisting of roadway and utilities construction, earthwork and construction of the water management system, and design and permitting work. DISTRICT RESPONSIBILITIES: According to the petition, if the Ordinance is adopted, the Tamarindo Community Development District will assume responsibility for the construction of the following: wastewater collection systems, potable water distribution systems, stormwater drainage systems, perimeter landscaping, and irrigation improvements and preserve exotics removal. "SECTION SEVEN" PETITIONER’S COMMITMENTS: The adoption of this Ordinance is predicated upon the material inducements contained in the foregoing Recital setting forth Petitioner’s Commitments, re-stated as follows: that the Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five-member Board of Supervisors at such time as residents begin occupying homes in the District, and (2) record a Notice of Assessments containing the specific terms and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. The Board shall retain any and all rights and remedi es available at law and in equity to enforce Petitioner’s Commitments against Petitioner, its successors, and assigns. GROWTH MANAGEMENT IMPACT: The 106.44+ acres of the Tamarindo CDD are designated Urban Mixed-Use District, Urban Residential Fringe Subdistrict, as depicted on the Collier County Future Land Use Map. Although the establishment of this District does not constitute any development approval, the plan of development previously approved for the subject property (Rockedge Residential Planned Unit Development) has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the time of submittal and will be subject to the requirements and limitations specified in the Collier County Land Development Code (LDC) and will be required to be consistent with the GMP in effect at that time. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires a majority vote for Board approval. -JAK RECOMMENDATION: Staff recommends that the Board of County Commissioners consider adoption and enactment of the proposed Ordinance establishing the Tamarindo Community Development District. Prepared by Marcia R. Kendall, Senior Planner, Growth Management Department, Zoning Division, Comprehensive Planning Section ATTACHMENT(S) 1. Letter_of_Purpose_Regarding_Tamarindo (PDF) 17.D Packet Pg. 3345 07/14/2020 2. Petition to Establish Tamarindo CDD (aka Rockedge) (PDF) 3. Exhibit 1A Legal Description (PDF) 4. Exhibit 1B Location Map (PDF) 5. Exhibit 2A Consent of Land Owners (PDF) 6. Exhibit 2B Warranty Deeds (PDF) 7. Exhibit 3 Proposed Water, Sanitary, Storm Systems (PDF) 8. Exhibit 4A Estimated Timetable (PDF) 9. Exhibit 4B Construction Cost Estimate (PDF) 10. Exhibit 5 Perimeter Buffer (PDF) 11. Exhibit 6 Preserve (PDF) 12. Exhibit 7 FLUCCS Map (PDF) 13. Exhibit 8 Future Land Use Map (PDF) 14. Exhibit 9 Statement of Estimated Regulatory Costs (PDF) 15. Exhibit 10 Proposed Ordinance (PDF) 16. Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (PDF) 17. Affidavit__Pre-filed_Testimony_of_Manager_Tamarindo (PDF) 18. Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (PDF) 19. Ordinance_Estasblishing_District_Tamarindo_FNL (PDF) 20. Affidavit_of_Publication_Tamarindo_Hearing_(Ads_1_-_3)_ (PDF) 21. 1 Ad remaining upload 7/07/20 (TXT) 22. Affidavit_of_Publication_of_Notice_of_Establishment_Hearing_(Ad_4)_(07_07_20)_- _Tamarindo (PDF) 17.D Packet Pg. 3346 07/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 17.D Doc ID: 12394 Item Summary: Recommendation to consider adoption of an Ordinance establishing the Tamarindo Community Development District (CDD) pursuant to Section 190.005(2), Florida Statutes. Meeting Date: 07/14/2020 Prepared by: Title: Planner, Senior – Zoning Name: Marcia R Kendall 06/09/2020 7:31 AM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 06/09/2020 7:31 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 06/09/2020 4:27 PM Growth Management Department James C French Deputy Department Head Review Completed 06/09/2020 8:36 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/10/2020 4:55 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/10/2020 5:06 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2020 4:18 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/23/2020 4:20 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/06/2020 3:23 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM 17.D Packet Pg. 3347 Post Office Box 6526 Tallahassee, Florida 32314 119 South Monroe Street, Suite 300 (32301) 850.222.7500 850.224.8551 fax www.hgslaw.com April 20, 2020 Via Overnight Delivery Marcia Kendall, Senior Planner Collier County Growth Management Department Comprehensive Planning 2800 North Horseshoe Drive Naples, Florida 34104 Re: Petition to Establish the Tamarindo Community Development District Letter of Purpose Dear Ms. Kendall: On April 10, 2020, D.R. Horton, Inc. (“Petitioner”) filed the Petition to Establish (“Petition”) the Tamarindo Community Development District (“Proposed District”). The Proposed District contains approximately 106.44 acres and is located in unincorporated Collier County, as described in the Petition. Pursuant to Section 190.005(1)(e), Florida Statutes, the property within the Proposed District meets the following criteria: a. Establishment of the Proposed District and all land uses and services planned within the Proposed District are not inconsistent with applicable elements or portions of the effective State Comprehensive Plan or the Collier County Comprehensive Plan. b. The area of land within the Proposed District is part of a planned community. It is of sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated community. c. The establishment of the Proposed District will prevent the general body of taxpayers in Collier County from bearing the burden for installation of the infrastructure and the maintenance of certain facilities within the development encompassed by the proposed development services and facilities to the proposed community without imposing an additional burden on the general population of the local general-purpose government. Establishment of the Proposed District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources. d. The community development services and facilities of the Proposed District will not be incompatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of 17.D.a Packet Pg. 3348 Attachment: Letter_of_Purpose_Regarding_Tamarindo (12394 : Tamarindo Community Development District) the Proposed District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the Proposed District’s services and facilities. e. The area to be served by the Proposed District is amenable to separate special- district government. If you have any questions, or if you need any further information, please do not hesitate to contact me. Sincerely, Tucker F. Mackie Enclosures 17.D.a Packet Pg. 3349 Attachment: Letter_of_Purpose_Regarding_Tamarindo (12394 : Tamarindo Community Development District) PETITION BY DR HORTON, INC. FOR THE ESTABLISHMENT OF THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT IN COLLIER COUNTY, FLORIDA March 31, 2020 17.D.b Packet Pg. 3350 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District) PETITION FOR ESTABLISHMENT OF THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT TABLE OF CONTENTS Petition for establishment of the Tamarindo Community Development District Exhibit 1A Metes and bounds description of the Tamarindo Community Development District Exhibit 1B Location map of the Tamarindo Community Development District Exhibit 2A Consent of Landowners of the establishment of the Tamarindo Community Development District Exhibit 2B Warranty deeds for the real property to be included in the Tamarindo Community Development District Exhibit 3 Maps of the Tamarindo Community Development District showing current and proposed major trunk water mains, sewer interceptors and outfalls and proposed storm sewer system Exhibit 4A Estimated infrastructure construction timetable Exhibit 4B Construction cost estimates Exhibit 5 Map of the Tamarindo Community Development District showing proposed perimeter buffers Exhibit 6 Map of the Tamarindo Community Development District showing proposed preserve areas Exhibit 7 Map of the Tamarindo Community Development District showing the Florida Land Use, Cover and Forms Classification System (FLUCFCS) and Wetland Map Exhibit 8 Future land use map Exhibit 9 Statement of Estimated Regulatory Costs Exhibit 10 Proposed ordinance 17.D.b Packet Pg. 3351 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District) PETITION FOR ESTABLISHMENT OF THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT 17.D.b Packet Pg. 3352 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District) 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA IN RE: AN ORDINANCE TO ESTABLISH ) THE TAMARINDO ) COMMUNITY DEVELOPMENT DISTRICT ) PETITION DR Horton, Inc., a Delaware Corporation, (the "Petitioner"), hereby petitions the Board of County Commissioners of Collier County, Florida pursuant to the "Uniform Community Development District Act of 1980", Chapter 190, Florida Statutes (the "Act") to adopt an ordinance establishing a Community Development District (the "District") on the property described herein. In support of the Petition, Petitioner states: 1. The proposed District is located entirely within the boundaries of unincorporated Collier County, Florida and covers approximately 106.44 +/- acres of land. Exhibit 1A provides the metes and bounds description of the external boundaries of the District. As illustrated in Exhibit 1B, the real property within the boundaries of the proposed District is generally located west of Tamiami Trail E, east of Collier Boulevard, north of Sabal Palm Road and south of Johns Road. There is no real property within the proposed external boundaries of the District that is excluded from the District. 2. Attached to this Petition as Exhibit 2A and made a part hereof are the written consent forms to the establishment of the District by the owners of 100% of the real property to be included in the District. Exhibit 2B contains the warranty deeds for the real property to be included in the District. 3. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: 1. James Ratz 10541 Ben C Pratt Six Mile Cypress Pkwy. Fort Myers, FL 33966 2. Ashley Koza 10541 Ben C Pratt Six Mile Cypress Pkwy. Fort Myers, FL 33966 3. Rebecca Sarver 10541 Ben C Pratt Six Mile Cypress Pkwy. Fort Myers, FL 33966 4. J. Wayne Everett 10541 Ben C Pratt Six Mile Cypress Pkwy. Fort Myers, FL 33966 5. Landon Thomas 10541 Ben C Pratt Six Mile Cypress Pkwy. Fort Myers, FL 33966 17.D.b Packet Pg. 3353 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District) 2 All of the initial supervisors are residents of the State of Florida and citizens of the United States of America. 4. The proposed name of the District to be established is the Tamarindo Community Development District (the "District"). 5. Exhibit 3 is the map of the District showing existing major trunk water mains, sewer interceptors and outfalls and proposed storm sewer system. 6. The proposed timetable for the construction of the proposed improvements is shown in Exhibit 4A. The estimated cost of constructing the proposed public improvements is shown in Exhibit 4B. The information presented in both exhibits are good faith estimates and are not binding on the Petitioner or the District and are subject to change. 7. Exhibit 5 is a Map of the proposed District showing proposed perimeter buffers. 8. Exhibit 6 is a Map of the proposed District showing proposed preserve areas. 9. Exhibit 7 is a Map of the proposed District showing the Map of the Tamarindo Community Development District showing Florida Land Use, Cover and Forms Classification System (FLUCFCS) and Wetland Map. 10. The proposed future general distribution, location, and extent of the public and private land uses within the District, as designated on the current Collier County Future Land Use Map is also attached hereto and incorporated with this Petition as Exhibit 8. The land within the proposed District is anticipated to be developed with a total of approximately 251 residential dwelling units, although development plans are preliminary and subject to change. The Petitioner intends that the District will finance wastewater collection, potable water distribution, storm water drainage, perimeter landscaping and irrigation, and preserve exotics removal (collectively, the "Public Improvements"). Upon completion, wastewater collection and potable water distribution will be dedicated to Collier County for ownership, operation and maintenance. 11. Exhibit 9 is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 12. Exhibit 10 is a proposed form of ordinance to establish the Tamarindo Community Development District. 13. Copies of all correspondence and official notices should be sent to: (1) Jere Earlywine, c/o Hopping Green & Sams, P.A., 119 South Monroe Street, Suite 300, Tallahassee, FL 32301, Ph. (850) 222-7500; and also, (2) Craig A. Wrathell, c/o Wrathell, Hunt and Associates, LLC, 2300 Glades Road, Suite 410W, Boca Raton, FL 33431, Ph. (561) 571-0010. 14. The property within the proposed District is amenable to operating as an independent special district for the following reasons: 17.D.b Packet Pg. 3354 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District) 3 (a) Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective Collier County Comprehensive Plan, as amended or any applicable elements or portions of the state comprehensive plan. (b) The land within the boundaries of the proposed District is of sufficient size and is sufficiently compact and contiguous to be developed as one functional interrelated community. (c) The community development services of the District will be compatible with the capacity and use of existing local and regional community development services and facilities. (d) The proposed District will be the best alternative available for delivering community development services to the area to be served because (i) the District provides a governmental entity responsible for delivering those services and facilities in a manner that does not financially impact persons residing outside the District, (ii) the Act authorizes a community development district to acquire infrastructure improvements previously constructed by qualified developers within the District or allows for a community development district to, in the first instance, construct such infrastructure improvements, (iii) the timing for the establishment of the proposed District and the issuance of special assessment bonds is compatible with the timing for the construction and acquisition of such infrastructure improvements which results in direct benefit to the landowners within the District, (iv) establishment of a community development district in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources as well as providing the opportunity for new growth to pay for itself, and (v) establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of many of the District services and facilities. (e) The area that will be served by the proposed District is amenable to separate special-district government. 15. The Petitioner hereby requests that the County consents to the proposed District having the rights to exercise the powers provided in Sections 190.012(2)(a) and 190.012(2)(d), Florida Statutes. 16. The Petitioner undertakes on behalf of the District that the District will provide full disclosure of information relating to the public financing and maintenance of improvements to real property to be undertaken by the District as required by Section 190.009 and Section 190.048, Florida Statutes, as amended. [Remainder of page intentionally left blank] 17.D.b Packet Pg. 3355 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District) 17.D.b Packet Pg. 3356 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District) 17.D.b Packet Pg. 3357 Attachment: Petition to Establish Tamarindo CDD (aka Rockedge) (12394 : Tamarindo Community Development District) EXHIBIT 1A METES AND BOUNDS DESCRIPTION OF THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT 17.D.c Packet Pg. 3358 Attachment: Exhibit 1A Legal Description (12394 : Tamarindo Community Development District) DESCRIPTION A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N89°01'58"E FOR 664.25 FEET ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 TO AN INTERSECTION WITH THE WEST LINE OF TRACT "F1" OF THE PLAT OF ESPLANADE AT HACIENDA LAKES AS RECORDED IN PLAT BOOK 55, PAGE 1, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S01°14'38"W FOR 675.75 FEET ON SAID WEST LINE OF TRACT "F1" TO THE SOUTHWEST CORNER OF SAID TRACT “F1”; THENCE S01°14'14"W ON THE EAST LINE OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF SAID SECTION 23 FOR 675.73 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S89°42'08"W ON THE SOUTH LINE OF SAID FRACTION FOR 662.30 FEET TO AN INTERSECTION WITH EAST LINE OF A PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE EAST AND SOUTH LINES OF SAID PARCEL: 1. S01°09'56"W FOR 617.91 FEET; 2. N89°34'54"W FOR 300.19 FEET; 3. S01°09'09"W FOR 435.95 FEET; 4. N89°34'09"W FOR 150.16 FEET; 5. N89°38'05"W FOR 210.56 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF (E-1/2) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01°05'19"E ON SAID WEST LINE FOR 43.72 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF (S-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHEAST QUARTER (SE- 1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°48'02"W ON SAID NORTH LINE FOR 15.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF PARCEL 1 AS RECORDED IN OFFICIAL RECORDS BOOK 4970, PAGE 3362, SAID PUBLIC RECORDS; THENCE THE FOLLOWING FOUR BEARINGS AND DISTANCES ON THE SOUTH, WEST AND NORTH LINES OF SAID PARCEL 1: 17.D.c Packet Pg. 3359 Attachment: Exhibit 1A Legal Description (12394 : Tamarindo Community Development District) 1. S01°05'19"W ON SAID EAST LINE FOR 303.80 FEET; 2. N89°37'28"W FOR 645.47 FEET; 3. N01°01'07"E FOR 302.01 FEET 4. S89°47'35"E FOR 30.00 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL OF LAND RECORDED IN IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, SAID PUBLIC RECORDS; THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE WEST LINE OF SAID PARCEL: 1. N01°01'01"E FOR 218.98 FEET; 2. N52°35'40"E FOR 646.23 FEET; 3. N40°29'08"W FOR 30.05 FEET; 4. N49°40'54"E FOR 22.10 FEET; 5. THENCE N36°22'15"E FOR 436.44 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S89°42'08"W ON SAID SOUTH LINE FOR 785.71 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01°01'01"E FOR 332.01 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE- 1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S89°32'04"W FOR 994.18 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°42'08"E FOR 331.15 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE- 1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00°56'29"W FOR 660.13 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE- 1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°57'42"W FOR 330.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; 17.D.c Packet Pg. 3360 Attachment: Exhibit 1A Legal Description (12394 : Tamarindo Community Development District) THENCE N89°47'35"W ON THE SOUTH LINE OF SAID FRACTION FOR 230.44 FEET TO AN INTERSECTION WITH A LINE 100 FEET EAST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE WEST LINE OF SAID SECTION 23; THENCE N00°51'53"E ON SAID PARALLEL LINE FOR 1642.03 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER (NW-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°22'01"E FOR 894.88 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N00°58'45"E FOR 662.08 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST (NE-1/4) OF THE NORTHEAST QUARTER (NE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°01'58"E FOR 996.40 FEET TO THE NORTHWEST CORNER OF THE EAST HALF (E-1/2) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S01°05'30"W ON THE WEST LINE OF SAID FRACTION FOR 328.19 FEET TO AN INTERSECTION WITH A LINE 328.19 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF SAID FRACTION; THENCE N89°01'53"E ON SAID PARALLEL LINE FOR 663.85 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE EAST HALF (E-1/4) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01°10'38"E ON SAID EAST LINE FOR 328.19 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 106.44 ACRES, MORE OR LESS. LESS THAT PART OF THE ABOVE DESCRIBED PROPERTY CONTAINED IN DEED RECORDED IN O.R. BOOK 321, PAGE 259, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO BEAR NORTH 89°01'58" EAST. 17.D.c Packet Pg. 3361 Attachment: Exhibit 1A Legal Description (12394 : Tamarindo Community Development District) EXHIBIT 1B LOCATION MAP OF THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT 17.D.d Packet Pg. 3362 Attachment: Exhibit 1B Location Map (12394 : Tamarindo Community Development District) Feet 0 500 1000 SCALE: RGE:TWP:SEC: DATE: TITLE: CLIENT: DRAWN BY: DESIGNED BY: PROJECT SHEET FILE NUMBER:NUMBER:NUMBER:OF 6610 Willow Park Drive, Suite 200 | Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 LB 6952 March 11, 2020 1:53 PM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg TAMARINDO CDD EXHIBIT 1B 03/20 1" = 1000' SCB KMW 23 50S 26E 120030.02.04 1 1 TAMARINDO CDD CDD BOUNDARY SABAL PALM ROADCOLLIER BOULEVARDVERONA WALK RESIDENTIAL NURSERY NAPLES RV RESORT LELY ELEMENTARY SCHOOL PHYSICIANS REGIONAL HACIENDA LAKES LOCATION MAP LELY RESORT LOCATION MAP 17.D.d Packet Pg. 3363 Attachment: Exhibit 1B Location Map (12394 : Tamarindo Community Development District) EXHIBIT 2A CONSENT OF LANDOWNERS TO THE ESTABLISMENT OF THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT The land described in Exhibit 1 to this Petition comprises 100% of the real property proposed to be included within the boundaries of the Tamarindo Community Development District. Such land is depicted graphically in Exhibit 1 to this Petition and the specific parcels to be included within the boundaries of the proposed Tamarindo Community Development District are as follows: Parcel Number OWNER MAILING ADDRESS 00433160009 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00433800000 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00436800104 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00436800201 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00436800308 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00434840001 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00433040006 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00436760008 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00436440001 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00436600003 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00433480006 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00436360000 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00436520002 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00435400000 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 17.D.e Packet Pg. 3364 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District) Parcel Number OWNER MAILING ADDRESS 00433120007 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 00433880004 Watermen At Rock Edge Naples, LLC 265 Sevilla Avenue Coral Gables, FL 33134 17.D.e Packet Pg. 3365 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District) 17.D.e Packet Pg. 3366 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District) 17.D.e Packet Pg. 3367 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District) DESCRIPTION A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N89°01'58"E FOR 664.25 FEET ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 TO AN INTERSECTION WITH THE WEST LINE OF TRACT "F1" OF THE PLAT OF ESPLANADE AT HACIENDA LAKES AS RECORDED IN PLAT BOOK 55, PAGE 1, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S01°14'38"W FOR 675.75 FEET ON SAID WEST LINE OF TRACT "F1" TO THE SOUTHWEST CORNER OF SAID TRACT “F1”; THENCE S01°14'14"W ON THE EAST LINE OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF SAID SECTION 23 FOR 675.73 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S89°42'08"W ON THE SOUTH LINE OF SAID FRACTION FOR 662.30 FEET TO AN INTERSECTION WITH EAST LINE OF A PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE EAST AND SOUTH LINES OF SAID PARCEL: 1. S01°09'56"W FOR 617.91 FEET; 2. N89°34'54"W FOR 300.19 FEET; 3. S01°09'09"W FOR 435.95 FEET; 4. N89°34'09"W FOR 150.16 FEET; 5. N89°38'05"W FOR 210.56 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF (E-1/2) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01°05'19"E ON SAID WEST LINE FOR 43.72 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF (S-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHEAST QUARTER (SE- 1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°48'02"W ON SAID NORTH LINE FOR 15.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF PARCEL 1 AS RECORDED IN OFFICIAL RECORDS BOOK 4970, PAGE 3362, SAID PUBLIC RECORDS; THENCE THE FOLLOWING FOUR BEARINGS AND DISTANCES ON THE SOUTH, WEST AND NORTH LINES OF SAID PARCEL 1: 17.D.e Packet Pg. 3368 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District) 1. S01°05'19"W ON SAID EAST LINE FOR 303.80 FEET; 2. N89°37'28"W FOR 645.47 FEET; 3. N01°01'07"E FOR 302.01 FEET 4. S89°47'35"E FOR 30.00 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL OF LAND RECORDED IN IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, SAID PUBLIC RECORDS; THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE WEST LINE OF SAID PARCEL: 1. N01°01'01"E FOR 218.98 FEET; 2. N52°35'40"E FOR 646.23 FEET; 3. N40°29'08"W FOR 30.05 FEET; 4. N49°40'54"E FOR 22.10 FEET; 5. THENCE N36°22'15"E FOR 436.44 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S89°42'08"W ON SAID SOUTH LINE FOR 785.71 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01°01'01"E FOR 332.01 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE- 1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S89°32'04"W FOR 994.18 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°42'08"E FOR 331.15 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE- 1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00°56'29"W FOR 660.13 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE- 1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°57'42"W FOR 330.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; 17.D.e Packet Pg. 3369 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District) THENCE N89°47'35"W ON THE SOUTH LINE OF SAID FRACTION FOR 230.44 FEET TO AN INTERSECTION WITH A LINE 100 FEET EAST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE WEST LINE OF SAID SECTION 23; THENCE N00°51'53"E ON SAID PARALLEL LINE FOR 1642.03 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER (NW-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°22'01"E FOR 894.88 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N00°58'45"E FOR 662.08 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST (NE-1/4) OF THE NORTHEAST QUARTER (NE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°01'58"E FOR 996.40 FEET TO THE NORTHWEST CORNER OF THE EAST HALF (E-1/2) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S01°05'30"W ON THE WEST LINE OF SAID FRACTION FOR 328.19 FEET TO AN INTERSECTION WITH A LINE 328.19 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF SAID FRACTION; THENCE N89°01'53"E ON SAID PARALLEL LINE FOR 663.85 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE EAST HALF (E-1/4) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01°10'38"E ON SAID EAST LINE FOR 328.19 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 106.44 ACRES, MORE OR LESS. LESS THAT PART OF THE ABOVE DESCRIBED PROPERTY CONTAINED IN DEED RECORDED IN O.R. BOOK 321, PAGE 259, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO BEAR NORTH 89°01'58" EAST. 17.D.e Packet Pg. 3370 Attachment: Exhibit 2A Consent of Land Owners (12394 : Tamarindo Community Development District) EXHIBIT 2B WARRANTY DEEDS FOR THE REAL PROPERTY TO BE INCLUDED IN THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT 17.D.f Packet Pg. 3371 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District) 17.D.f Packet Pg. 3372 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District) 17.D.f Packet Pg. 3373 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District) 17.D.f Packet Pg. 3374 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District) 17.D.f Packet Pg. 3375 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District) 17.D.f Packet Pg. 3376 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District) 17.D.f Packet Pg. 3377 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District) 17.D.f Packet Pg. 3378 Attachment: Exhibit 2B Warranty Deeds (12394 : Tamarindo Community Development District) EXHIBIT 3 MAPS OF THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT SHOWING CURRENT AND PROPOSED MAJOR TRUNK WATER MAINS, SEWER INTERCEPTORS AND OUTFALLS, AND PROPOSED STORM SEWER SYSTEM 17.D.g Packet Pg. 3379 Attachment: Exhibit 3 Proposed Water, Sanitary, Storm Systems (12394 : Tamarindo Community Development District) W-XW-XW-XW-XW-XW-XW-XW-XW-XW-XW-X OHWOHWOHWOHW OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW WW W W W WWW WWW WW PHASE 3 PHASE 2 PHASE 1 SABAL PALM ROADCOILLIER BOULEVARDPRESERVE Feet 0 250 500 SCALE: RGE:TWP:SEC: DATE: TITLE: CLIENT: DRAWN BY: DESIGNED BY: PROJECT SHEET FILE NUMBER:NUMBER:NUMBER:OF 6610 Willow Park Drive, Suite 200 | Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 LB 6952 March 11, 2020 1:53 PM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg TAMARINDO CDD EXHIBIT 3 03/20 1" = 500' SCB KMW 23 50S 26E 120030.02.04 1 1 TAMARINDO CDD CDD BOUNDARY PROPOSED WATER MAIN DISTRIBUTION LINE PROPOSED WATER MAIN DISTRIBUTION LINE PROPOSED WATER MAIN TIE-IN LOCATION PROPOSED WATER MAIN TIE-IN LOCATION EX. 8" WATER MAIN EX. 8" WATER MAIN PROPOSED WATER DISTRIBUTION SYSTEM 17.D.g Packet Pg. 3380 Attachment: Exhibit 3 Proposed Water, Sanitary, Storm Systems (12394 : Tamarindo Community F-XF-XF-XF-XF-XF-XF OHWOHWOHWOHW OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW FFFFF F F F SS SSSSSSSSS S S SSPHASE 3 PHASE 2 PHASE 1 SABAL PALM ROADCOILLIER BOULEVARDPRESERVE Feet 0 250 500 SCALE: RGE:TWP:SEC: DATE: TITLE: CLIENT: DRAWN BY: DESIGNED BY: PROJECT SHEET FILE NUMBER:NUMBER:NUMBER:OF 6610 Willow Park Drive, Suite 200 | Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 LB 6952 March 11, 2020 1:53 PM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg TAMARINDO CDD EXHIBIT 3 03/20 1" = 500' SCB KMW 23 50S 26E 120030.02.04 1 1 TAMARINDO CDD PROPOSED PUMP STATION PROPOSED GRAVITY SANITARY SEWER (TYP) CDD BOUNDARY PROPOSED FORCE MAIN PROPOSED FORCE MAIN TIE-IN LOCATION EX. 12" FORCE MAIN PROPOSED GRAVITY SANITARY SEWER (TYP)EX. 12" FORCE MAIN PROPOSED SANITARY SEWER SYSTEM 17.D.g Packet Pg. 3381 Attachment: Exhibit 3 Proposed Water, Sanitary, Storm Systems (12394 : Tamarindo Community OHWOHWOHWOHW OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW PHASE 3 PHASE 2 PHASE 1 SABAL PALM ROADCOILLIER BOULEVARDPRESERVE Feet 0 250 500 SCALE: RGE:TWP:SEC: DATE: TITLE: CLIENT: DRAWN BY: DESIGNED BY: PROJECT SHEET FILE NUMBER:NUMBER:NUMBER:OF 6610 Willow Park Drive, Suite 200 | Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 LB 6952 March 11, 2020 1:53 PM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg TAMARINDO CDD EXHIBIT 3 03/20 1" = 500' SCB KMW 23 50S 26E 120030.02.04 1 1 TAMARINDO CDD CDD BOUNDARY PROPOSED STORM SEWER (TYP) PROPOSED STORM SEWER (TYP) PROPOSED STORM WATER OUTFALL STORM WATER INTERCONNECTING PIPES ALSO CONSTRUCTED IN PHASE 1 STORM WATER INTERCONNECTING PIPES ALSO CONSTRUCTED IN PHASE 1 LAKE 1 LAKE 2 LAKE 4 LAKE 3PROPOSED STORM SEWER SYSTEM 17.D.g Packet Pg. 3382 Attachment: Exhibit 3 Proposed Water, Sanitary, Storm Systems (12394 : Tamarindo Community EXHIBIT 4A ESTIMATED INFRASTRUCTURE CONSTRUCTION TIMETABLE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT Improvement Category Start Date Completion Date Wastewater Collection 2020 2023 Potable Water Distribution 2020 2023 Storm Water Drainage 2020 2023 Perimeter Landscaping and Irrigation 2020 2023 Preserve Exotics Removal 2020 2023 17.D.h Packet Pg. 3383 Attachment: Exhibit 4A Estimated Timetable (12394 : Tamarindo Community Development District) EXHIBIT 4B CONSTRUCTION COST ESTIMATES TAMARINDO COMMUNITY DEVELOPMENT DISTRICT Improvement Category Total Cost Wastewater Collection $1,390,161.02 Potable Water Distribution $639,660.04 Storm Water Drainage $1,207,120.18 Perimeter Landscaping and Irrigation $420,000.00 Preserve Exotics Removal $20,000.00 Design and Engineering $251,000.00 Contingency $182,847.06 Total $4,110,788.30 17.D.i Packet Pg. 3384 Attachment: Exhibit 4B Construction Cost Estimate (12394 : Tamarindo Community Development District) EXHIBIT 5 PROPOSED PERIMETER BUFFERS MAP TAMARINDO COMMUNITY DEVELOPMENT DISTRICT 17.D.j Packet Pg. 3385 Attachment: Exhibit 5 Perimeter Buffer (12394 : Tamarindo Community Development District) OHWOHWOHWOHW OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW PHASE 3 PHASE 2 PHASE 1 SABAL PALM ROADCOILLIER BOULEVARDPRESERVE Feet 0 250 500 SCALE: RGE:TWP:SEC: DATE: TITLE: CLIENT: DRAWN BY: DESIGNED BY: PROJECT SHEET FILE NUMBER:NUMBER:NUMBER:OF 6610 Willow Park Drive, Suite 200 | Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 LB 6952 March 13, 2020 1:45 PM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg TAMARINDO CDD EXHIBIT 5 03/20 1" = 500' SCB KMW 23 50S 26E 120030.02.04 1 1 TAMARINDO CDD 15' LBE 15' LBE 15' LBE 15' LBE 20' LBE 10' LBE 10' LBE 15' LBE 15' LBE 15' LBE 15' LBE 15' LBE 15' LBE 20' LBE 15' LBE 15' LBE 15' LBE LBE= LANDSCAPE BUFFER EASEMENT PERIMETER BUFFER 17.D.j Packet Pg. 3386 Attachment: Exhibit 5 Perimeter Buffer (12394 : Tamarindo Community Development District) EXHIBIT 6 PROPOSED PRESERVE AREAS MAP TAMARINDO COMMUNITY DEVELOPMENT DISTRICT 17.D.k Packet Pg. 3387 Attachment: Exhibit 6 Preserve (12394 : Tamarindo Community Development District) OHWOHWOHWOHW OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW PHASE 3 PHASE 2 PHASE 1 SABAL PALM ROADCOILLIER BOULEVARDPRESERVE Feet 0 250 500 SCALE: RGE:TWP:SEC: DATE: TITLE: CLIENT: DRAWN BY: DESIGNED BY: PROJECT SHEET FILE NUMBER:NUMBER:NUMBER:OF 6610 Willow Park Drive, Suite 200 | Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 LB 6952 March 13, 2020 11:34 AM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg TAMARINDO CDD EXHIBIT 6 03/20 1" = 500' SCB KMW 23 50S 26E 120030.02.04 1 1 TAMARINDO CDD PRESERVE 17.D.k Packet Pg. 3388 Attachment: Exhibit 6 Preserve (12394 : Tamarindo Community Development District) EXHIBIT 7 PROPOSED FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) AND WETLAND MAP TAMARINDO COMMUNITY DEVELOPMENT DISTRICT 17.D.l Packet Pg. 3389 Attachment: Exhibit 7 FLUCCS Map (12394 : Tamarindo Community Development District) SABAL PALM ROAD 14 14 21 21 22 31 21 31 31 31 22 21 21 21 617E4 411 414 414 740HE4 740 617E1 624E3 631E2618 814 414E4 624E4 621E3 414E3 740 740 438 742 624E3 617 624E1 631E1 624E4 618E3 631E3 411 740 428HE3 428 414E4 42 8 H 428H E3 742 624E3 740HE4 624E4 740 617E4 CR1371 CR726 CR1372 CR874 CR898 CR896 CR875 CR897 CR873 Feet 0 250 500 SCALE: RGE:TWP:SEC: DATE: TITLE: CLIENT: DRAWN BY: DESIGNED BY: PROJECT SHEET FILE NUMBER:NUMBER:NUMBER:OF 6610 Willow Park Drive, Suite 200 | Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 LB 6952 March 13, 2020 8:36 AM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Flux Exhibit.dwg TAMARINDO CDD EXHIBIT 7 03/20 1" = 500' SCB KMW 23 50S 26E 120030.02.04 1 1 TAMARINDO CDD FLUCCS MAP FLUCCS MAPPING PREPARED BY TURRELL HALL AND ASSOCIATES, INC. EXISTING GENERALIZED SURFACE WATER FLOW DIRECTION ARROW CODE DESCRIPTION 14 PINEDA FINE SAND, LIMESTONE SUBSTRATUM 21 BOCA FINE SAND 22 CHOBEE, WINDER, AND GATOR SOILS, DEPRESSIONAL 31 HILOLO, JUPITER, AND MARGATE FINE SANDS UPLAND WETLANDS WATERS NRCS SOILS CLASSIFICATIION (SEE TABLE BELOW) NRCS SOILS CLASSIFICATION 21 617 411 ARCHEOLOGICAL SITE PROJECT UPLANDS PRESERVES FLUCCS CODE DESCRIPTION AREA (AC) PRESERVE (AC) 411 PINE FLATWOODS 12.05 414 PINE - MESIC OAK 5.25 414E3 PINE - MESIC OAK 7.97 414E4 PINE - MESIC OAK 10.60 428 CABBAGE PALM 0.35 438 MIXED HARDWOODS 1.35 740 DISTURBED LAND 15.72 1.32 814 ROADS AND HIGHWAYS 1.91 TOTAL 55.20 1.32 WETLAND PRESERVES FLUCCS CODE DESCRIPTION AREA (AC) PRESERVE (AC) 428H CABBAGE PALM - HYDRIC 0.44 0.44 428HE3 CABBAGE PALM - HYDRIC 3.20 1.02 617 MIXED WETLAND HARDWOODS 1.25 1.25 617E1 MIXED WETLAND HARDWOODS 5.59 617E4 MIXED WETLAND HARDWOODS 1.81 618 WILLOW AND ELDERBERRY 0.86 618E3 WILLOW AND ELDERBERRY 3.18 621E3 CYPRESS 1.33 624E1 CYPRESS - PINE - CABBAGE PALM 5.91 5.44 624E3 CYPRESS - PINE - CABBAGE PALM 14.26 8.45 624E4 CYPRESS - PINE - CABBAGE PALM 2.45 0.55 631E1 WETLAND SCRUB 4.61 4.48 631E2 WETLAND SCRUB 0.26 631E3 WETLAND SCRUB 3.06 740HE4 DISTURBED LAND - HYDRIC 3.38 1.25 742 BORROW AREAS 1.22 TOTAL 52.81 22.88 LEGEND: 17.D.l Packet Pg. 3390 Attachment: Exhibit 7 FLUCCS Map (12394 : Tamarindo Community Development District) EXHIBIT 8 FUTURE LAND USE MAP TAMARINDO COMMUNITY DEVELOPMENT DISTRICT 17.D.m Packet Pg. 3391 Attachment: Exhibit 8 Future Land Use Map (12394 : Tamarindo Community Development District) OHWOHWOHWOHW OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW PHASE 3 PHASE 2 PHASE 1 SABAL PALM ROADCOILLIER BOULEVARDPRESERVE Feet 0 250 500 SCALE: RGE:TWP:SEC: DATE: TITLE: CLIENT: DRAWN BY: DESIGNED BY: PROJECT SHEET FILE NUMBER:NUMBER:NUMBER:OF 6610 Willow Park Drive, Suite 200 | Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 LB 6952 March 13, 2020 8:41 AM K:\2012\120030.02.04 Rockedge - CDD\005 Engineering's Supporting Documents\Exhibits\Rockedge CDD Exhibits.dwg TAMARINDO CDD EXHIBIT 8 03/20 1" = 500' SCB KMW 23 50S 26E 120030.02.04 1 1 TAMARINDO CDD CDD BOUNDARY ZONED: A - AGRICULTURAL ZONED: A - AGRICULTURAL ZONED: A - AGRICULTURAL ZONED: PUD - WINDING CYPRESS ZONED: A - AGRICULTURAL ZONED: A - AGRICULTURAL ZONED: A - AGRICULTURAL ZONED: A - AGRICULTURAL ZONED: MPUD - HACIENDA LAKES ZONED: PUD - COLLIER REGIONAL MEDICAL CENTER ZONED: TTRVC ZONED: A - AGRICULTURAL ZONED: A - AGRICULTURAL FUTURE LAND USE 17.D.m Packet Pg. 3392 Attachment: Exhibit 8 Future Land Use Map (12394 : Tamarindo Community Development District) EXHIBIT 9 STATEMENT OF ESTIMATED REGULATORY COSTS TAMARINDO COMMUNITY DEVELOPMENT DISTRICT 17.D.n Packet Pg. 3393 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) TAMARINDO COMMUNITY DEVELOPMENT DISTRICT Statement of Estimated Regulatory Costs March 23, 2020 Provided by Wrathell, Hunt and Associates, LLC 2300 Glades Road, Suite 410W Boca Raton, FL 33431 Phone: 561-571-0010 Fax: 561-571-0013 Website: www.whhassociates.com 17.D.n Packet Pg. 3394 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 2 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the Tamarindo Community Development District ("District") in accordance with the “Uniform Community Development District Act of 1980,” Chapter 190, Florida Statutes (the “Act”). The proposed District will comprise approximately 106.44 +/- acres of land located within unincorporated Collier County, Florida (the "County") and is projected to contain approximately 251 residential dwelling units, which will make up the Tamarindo development. The limitations on the scope of this SERC are explicitly set forth in Section 190.002(2)(d), Florida Statutes ("F.S.") (governing District establishment) as follows: "That the process of establishing such a district pursuant to uniform general law be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of the Tamarindo Community Development District The District is designed to provide public infrastructure, services, and facilities along with operation and maintenance of the same to a master planned residential development currently anticipated to contain a total of approximately 251 residential dwelling units, all within the boundaries of the District. Tables 1 and 2 under Section 5.0 detail the anticipated improvements and ownership/maintenance responsibilities the proposed District is anticipated to construct, operate and maintain. A community development district ("CDD") is an independent unit of special purpose local government authorized by the Act to plan, finance, construct, operate and maintain community- wide infrastructure in planned community developments. CDDs provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Section 190.002(1)(a), F.S. A CDD is not a substitute for the local, general purpose government unit, i.e., the city or county in which the CDD lies. A CDD does not have the permitting, zoning or policing powers possessed by general purpose governments. A CDD is an alternative means of financing, constructing, operating and maintaining public infrastructure for developments, such as Tamarindo. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S., defines the elements a statement of estimated regulatory costs must contain: 17.D.n Packet Pg. 3395 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 3 (a) An economic analysis showing whether the rule directly or indirectly: 1. Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; 2. Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule; or 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. (b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this section, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other costs necessary to comply with the rule. (e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the impact on small counties and small cities as defined in s. 120.52. The impact analysis for small businesses must include the basis for the agency’s decision not to implement alternatives that would reduce adverse impacts on small businesses. (Collier County, according to Census 2010, has a population of 321,520; therefore, it is not defined as a small County for the purposes of this requirement.) (f) Any additional information that the agency determines may be useful. (g) In the statement or revised statement, whichever applies, a description of any regulatory alternatives submitted under paragraph (1)(a) and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. Note: the references to "rule" in the statutory requirements for the Statement of Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S. 17.D.n Packet Pg. 3396 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 4 2.0 An economic analysis showing whether the ordinance directly or indirectly: 1. Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance; 2. Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance; or 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The ordinance establishing the District is not anticipated to have any direct or indirect adverse impact on economic growth, private sector job creation or employment, private sector investment, business competitiveness, ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation. Any increases in regulatory costs, principally the anticipated increases in transactional costs as a result of imposition of special assessments by the District will be the direct result of facilities and services provided by the District to the landowners within the District. However, as property ownership in the District is voluntary and all additional costs will be disclosed to prospective buyers prior to sale, such increases should be considered voluntary, self-imposed and offset by benefits received from the infrastructure and services provided by the District. 2.1 Impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The purpose for establishment of the District is to provide public facilities and services to support the development of a new, master planned residential development. The development of the approximately 106.44 +/- acres anticipated to be within the District will promote local economic activity, create local value, lead to local private sector investment and is likely to result in local private sector employment and/or local job creation. Establishment of the District will allow a systematic method to plan, fund, implement, operate and maintain, for the benefit of the landowners within the District, various public facilities and services. Such facilities and services, as further described in Section 5, will allow for the development of the land within the District. The provision of District's infrastructure and the subsequent development of land will generate private economic activity, economic growth, investment and employment, and job creation. The District intends to use proceeds of indebtedness to fund construction of public infrastructure, which will be constructed by private firms, and once constructed, is likely to use private firms to operate and maintain such infrastructure and provide services to the landowners and residents of the District. The private developer of the land in the District will use its private funds to conduct the private land development and construction of an anticipated approximately 266 Twin Villa residential dwelling units, the construction, sale, and continued use/maintenance of which will involve private firms. While similar economic growth, private sector job creation or employment, or private sector investment could be achieved in absence of the District by the private sector alone, the fact that the establishment of the District is initiated by the private developer means that the 17.D.n Packet Pg. 3397 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 5 private developer considers the establishment and continued operation of the District as beneficial to the process of land development and the future economic activity taking place within the District, which in turn will lead directly or indirectly to economic growth, likely private sector job growth and/or support private sector employment, and private sector investments. 2.2 Impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. When assessing the question of whether the establishment of the District is likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation, one has to compare these factors in the presence and in the absence of the District in the development. When the question is phrased in this manner, it can be surmised that the establishment of the District is likely to not have a direct or indirect adverse impact on business competitiveness, productivity, or innovation versus that same development without the District. Similar to a purely private solution, District contracts will be bid competitively as to achieve the lowest cost/best value for the particular infrastructure or services desired by the landowners, which will insure that contractors wishing to bid for such contracts will have to demonstrate to the District the most optimal mix of cost, productivity and innovation. Additionally, the establishment of the District for the development is not likely to cause the award of the contracts to favor non-local providers any more than if there was no District. The District, in its purchasing decisions, will not vary from the same principles of cost, productivity and innovation that guide private enterprise. 2.3 Likelihood of an increase in regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The establishment of the District will not increase any regulatory costs of the State or the County by virtue that the District will be one of many already existing similar districts within the State and also one of a many already existing similar districts in the County. As described in more detail in Section 4, the proposed District will pay a one-time filing fee to the County to offset any expenses that the County may incur in holding a local public hearing on the petition. Similarly, the proposed District will pay annually the required Special District Filing Fee, which fee is meant to offset any State costs related to its oversight of all special districts in the State. The establishment of the District will, however, directly increase regulatory costs to the landowners within the District. Such increases in regulatory costs, principally the anticipated increases in transactional costs as a result of likely imposition of special assessments and use fees by the District, will be the direct result of facilities and services provided by the District to the landowners within the District. However, as property ownership in the District is completely voluntary, all current property owners must consent to the establishment of the District and all initial prospective buyers will have such additional transaction costs disclosed to them prior to sale, as required by State law. Such costs, however, should be considered voluntary, self-imposed, and as a tradeoff for the service 17.D.n Packet Pg. 3398 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 6 and facilities provided by the District. The District will incur overall operational costs related to services for infrastructure maintenance, landscaping, and similar items. In the initial stages of development, the costs will likely be minimized. These operating costs will be funded by the landowners through direct funding agreements or special assessments levied by the District. Similarly, the District may incur costs associated with the issuance and repayment of special assessment revenue bonds. While these costs in the aggregate may approach the stated threshold over a five year period, this would not be unusual for a Project of this nature and the infrastructure and services proposed to be provided by the District will be needed to serve the Project regardless of the existence of the District. Thus, the District-related costs are not additional development costs. Due to the relatively low cost of financing available to CDDs, due to the tax-exempt nature of their debt, certain improvements can be provided more efficiently by the District than by alternative entities. Furthermore, it is important to remember that such costs would be funded through special assessments paid by landowners within the District, and would not be a burden on the taxpayers outside the District. 3.0 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. The individuals and entities likely to be required to comply with the ordinance or affected by the proposed action (i.e., adoption of the ordinance) can be categorized, as follows: 1) The State of Florida and its residents, 2) the County and its residents, 3) current property owners, and 4) future property owners. a. The State of Florida The State of Florida and its residents and general population will not incur any compliance costs related to the establishment and on-going administration of the District, and will only be affected to the extent that the State incurs those nominal administrative costs outlined herein. The cost of any additional administrative services provided by the State as a result of this project will be incurred whether the infrastructure is financed through a CDD or any alternative financing method. b. Collier County The County and its residents not residing within the boundaries of the District will not incur any compliance costs related to the establishment and on-going administration of the District other than any one-time administrative costs outlined herein, which will be offset by the filing fee submitted to the County. Once the District is established, these residents will not be affected by adoption of the ordinance. The cost of any additional administrative services provided by the County as a result of this development will be incurred whether the infrastructure is financed through a CDD or any alternative financing method. c. Current Property Owners The current property owners of the lands within the proposed District boundaries will be affected to the extent that the District allocates debt for the construction of infrastructure and undertakes operation and maintenance responsibility for that infrastructure. 17.D.n Packet Pg. 3399 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 7 d. Future Property Owners The future property owners are those who will own property in the proposed District. These future property owners will be affected to the extent that the District allocates debt for the construction of infrastructure and undertakes operation and maintenance responsibility for that infrastructure. The proposed District will serve land that comprises an approximately 106.44 +/- acre master planned residential development currently anticipated to contain a total of approximately 251 residential dwelling units, although the development plan can change. Assuming an average density of 3.5 persons per residential dwelling unit, the estimated residential population of the proposed District at build out would be approximately 879 +/- and all of these residents as well as the landowners within the District will be affected by the ordinance. The County, the proposed District and certain state agencies will also be affected by or required to comply with the ordinance as more fully discussed hereafter. 4.0 A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state or local revenues. The County is establishing the District by ordinance in accordance with the Act and, therefore, there is no anticipated effect on state or local revenues. 4.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the result of adopting the ordinance is the establishment of an independent local special purpose government, there will be no significant enforcing responsibilities of any other government entity, but there will be various implementing responsibilities which are identified with their costs herein. State Governmental Entities The cost to state entities to review or enforce the proposed ordinance will be very modest. The District comprises less than 2,500 acres and is located within the boundaries of the County. Therefore, the County (and not the Florida Land and Water Adjudicatory Commission) will review and act upon the Petition to establish the District, in accordance with Section 190.005(2), F.S. There are minimal additional ongoing costs to various state entities to implement and enforce the proposed ordinance. The costs to various state entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those state agencies that will receive and process the District's reports are minimal because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.064, F.S., the District must pay an annual fee to the State of Florida Department of Economic Opportunity which offsets such costs. 17.D.n Packet Pg. 3400 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 8 Collier County, Florida The proposed land for the District is located within unincorporated Collier County, Florida and consists of less than 2,500 acres. The County and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources; however, these costs incurred by the County will be modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides most, if not all, of the information needed for a staff review. Third, the County already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by a filing fee included with the petition to offset any expenses the County may incur in the processing of this petition. Finally, the County already processes similar petitions, though for entirely different subjects, for land uses and zoning changes that are far more complex than the petition to establish a community development district. The annual costs to the County, because of the establishment of the District, are also very small. The District is an independent unit of local government. The only annual costs the County faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the County, or any monitoring expenses the County may incur if it establishes a monitoring program for this District. 4.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. Any non-ad valorem assessments levied by the District will not count against any millage caps imposed on other taxing authorities providing services to the lands within the District. It is also important to note that any debt obligations the District may incur are not debts of the State of Florida or any other unit of local government. By Florida law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. Financing for these facilities is projected to be provided by the District. Table 2 illustrates the estimated costs of construction of the capital facilities, outlined in Table 1. Total costs of construction for those facilities that may be provided are estimated to be approximately $4,110,788.30. The District may levy non-ad valorem special assessments (by a variety of names) and may issue special assessment bonds to fund the costs of these facilities. These bonds would be repaid through non-ad valorem special assessments levied on all developable properties in the District that may benefit from the District’s infrastructure program as outlined in Table 2. Prospective future landowners in the proposed District may be required to pay non-ad valorem 17.D.n Packet Pg. 3401 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 9 special assessments levied by the District to provide for facilities and secure any debt incurred through bond issuance. In addition to the levy of non-ad valorem special assessments which may be used for debt service, the District may also levy a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, purchasing a property within the District or locating in the District by new residents is completely voluntary, so, ultimately, all landowners and residents of the affected property choose to accept the non-ad valorem assessments as a tradeoff for the services and facilities that the District will provide. In addition, state law requires all assessments levied by the District to be disclosed by the initial seller to all prospective purchasers of property within the District. Table 1 TAMARINDO COMMUNITY DEVELOPMENT DISTRICT Proposed Facilities and Services FACILITY FUNDED BY OWNED BY MAINTAINED BY Wastewater Collection CDD County County Potable Water Distribution CDD County County Storm Water Drainage CDD CDD CDD Perimeter Landscaping and Irrigation CDD CDD CDD Preserve Exotics Removal CDD CDD CDD Table 2 TAMARINDO COMMUNITY DEVELOPMENT DISTRICT Estimated Costs of Construction CATEGORY COST Wastewater Collection $1,390,161.02 Potable Water Distribution $639,660.04 Storm Water Drainage $1,207,120.18 Perimeter Landscaping and Irrigation $420,000.00 Preserve Exotics Removal $20,000.00 Design and Engineering $251,000.00 Contingency $182,847.06 Total $4,110,788.30 A CDD provides the property owners with an alternative mechanism of providing public services; however, special assessments and other impositions levied by the District and collected by law represent the transactional costs incurred by landowners as a result of the establishment of the District. Such transactional costs should be considered in terms of costs likely to be incurred under alternative public and private mechanisms of service provision, such as other independent special districts, County or its dependent districts, or County management but financing with municipal service benefit units and municipal service taxing units, or private entities, all of which can be grouped into three major categories: public district, public other, and private. 17.D.n Packet Pg. 3402 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 10 With regard to the public services delivery, dependent and other independent special districts can be used to manage the provision of infrastructure and services, however, they are limited in the types of services they can provide, and likely it would be necessary to employ more than one district to provide all services needed by the development. Other public entities, such as cities, are also capable of providing services, however, their costs in connection with the new services and infrastructure required by the new development and, transaction costs, would be borne by all taxpayers, unduly burdening existing taxpayers. Additionally, other public entities providing services would also be inconsistent with the State’s policy of "growth paying for growth". Lastly, services and improvements could be provided by private entities. However, their interests are primarily to earn short-term profits and there is no public accountability. The marginal benefits of tax-exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to enhance the quality of infrastructure and services. In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents in the District will receive a higher level of public services which in most instances will be sustained over longer periods of time than would otherwise be the case. Second, a CDD is a mechanism for assuring that the public services will be completed concurrently with development of lands within the development. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of local governance which is specifically established to provide District landowners with planning, construction, implementation and short and long-term maintenance of public infrastructure at sustained levels of service. The cost impact on the ultimate landowners in the development is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above, if applicable, what the landowners would have paid to install infrastructure via an alternative financing mechanism. Consequently, a CDD provides property owners with the option of having higher levels of facilities and services financed through self-imposed revenue. The District is an alternative means to manage necessary development of infrastructure and services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of various public and private sources. 6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be little impact on small businesses because of the establishment of the District. If 17.D.n Packet Pg. 3403 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 11 anything, the impact may be positive because the District must competitively bid all of its contracts and competitively negotiate all of its contracts with consultants over statutory thresholds. This affords small businesses the opportunity to bid on District work. Collier County has a population of 321,520 according to the Census 2010 conducted by the United States Census Bureau and is therefore not defined as a "small" county according to Section 120.52, F.S. 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Petitioner's Engineer and other professionals associated with the Petitioner. In relation to the question of whether the proposed Tamarindo Community Development District is the best possible alternative to provide public facilities and services to the project, there are several additional factors which bear importance. As an alternative to an independent district, the County could establish a dependent district for the area or establish an MSBU or MSTU. Either of these alternatives could finance the improvements contemplated in Tables 1 and 2 in a fashion similar to the proposed District. There are a number of reasons why a dependent district is not the best alternative for providing public facilities and services to the Tamarindo development. First, unlike a CDD, this alternative would require the County to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be directly and wholly attributed to the land directly benefiting from them, as the case would be with a CDD. Administering a project of the size and complexity of the development program anticipated for the Tamarindo development is a significant and expensive undertaking. Second, a CDD is preferable from a government accountability perspective. With a CDD, residents and landowners in the District would have a focused unit of government ultimately under their direct control. The CDD can then be more responsive to resident needs without disrupting other County responsibilities. By contrast, if the County were to establish and administer a dependent Special District, then the residents and landowners of the Tamarindo development would take their grievances and desires to the County Commission meetings. Third, any debt of an independent CDD is strictly that District's responsibility. While it may be technically true that the debt of a County-established, dependent Special District is not strictly the County's responsibility, any financial problems that a dependent Special District may have may reflect on the County. This will not be the case if a CDD is established. Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the infrastructure as well as operations and maintenance of public facilities and services. A CDD is superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low cost funds from the municipal capital market. Second, as a government entity a CDD can impose and collect its assessments along with other property taxes on the County’s real estate tax bill. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Third, the proposed District is a unit of local government. This provides a higher level of transparency, oversight and accountability and the CDD has the ability to enter into interlocal agreements with other units of government. 17.D.n Packet Pg. 3404 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 12 8.0 A description of any regulatory alternatives submitted under section 120.541(1)(a), F.S., and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. No written proposal, statement adopting an alternative or statement of the reasons for rejecting an alternative have been submitted. Based upon the information provided herein, this Statement of Estimated Regulatory Costs supports the petition to establish the Tamarindo Community Development District. 17.D.n Packet Pg. 3405 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) 13 APPENDIX A LIST OF REPORTING REQUIREMENTS REPORT FL. STATUE CITATION DATE Annual Financial Audit 190.008/218.39 9 months after end of Fiscal Year Annual Financial Report 190.008/218.32 45 days after the completion of the Annual Financial Audit but no more than 9 months after end of Fiscal Year TRIM Compliance Report 200.068 no later than 30 days following the adoption of the property tax levy ordinance/resolution (if levying property taxes) Form 1 - Statement of Financial Interest 112.3145 within 30 days of accepting the appointment, then every year thereafter by 7/1 (by "local officers" appointed to special district's board); during the qualifying period, then every year thereafter by 7/1 (by "local officers" elected to special district's board) Public Facilities Report 189.08 within one year of special district's creation; then annual notice of any changes; and updated report every 7 years, 12 months prior to submission of local government's evaluation and appraisal report Public Meetings Schedule 189.015 quarterly, semiannually, or annually Bond Report 218.38 when issued; within 120 days after delivery of bonds Registered Agent 189.014 within 30 days after first meeting of governing board Proposed Budget 190.008 annually by June 15 Adopted Budget 190.008 annually by October 1 Public Depositor Report 280.17 annually by November 30 Notice of Establishment 190.0485 within 3o days after the effective date of an ordinance establishing the District Notice of Public Financing 190.009 file disclosure documents in the property records of the county after financing 17.D.n Packet Pg. 3406 Attachment: Exhibit 9 Statement of Estimated Regulatory Costs (12394 : Tamarindo Community Development District) EXHIBIT 10 PROPOSED ORDINANCE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT 17.D.o Packet Pg. 3407 Attachment: Exhibit 10 Proposed Ordinance (12394 : Tamarindo Community Development District) 1 ORDINANCE NO. ______ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 106.44 ACRES; PROVIDING FOR THE AUTHORITY OF THE ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE DESIGNATION OF THE INITIAL BOARD MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING FOR STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, DR Horton, Inc., a Delaware Corporation, has petitioned the Board of County Commissioners ("Board") of Collier County, Florida, a political subdivision of the State of Florida, to establish the TAMARINDO COMMUNITY DEVELOPMENT DISTRICT ("District"); and WHEREAS, the Board of County Commissioners, after proper published notice has conducted a public hearing on the petition and determined the following with respect to the factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section 190.005(2)(c), Florida Statutes: 1. The petition is complete and meets the requirements of Section 190.005, Florida Statutes, and all statements contained within the petition are true and correct. 2. Establishment of the proposed District is not inconsistent with any applicable element or portion of the local comprehensive plan of Collier County, known as the Collier County Growth Management Plan, or the State Comprehensive Plan. 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. 5. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 17.D.o Packet Pg. 3408 Attachment: Exhibit 10 Proposed Ordinance (12394 : Tamarindo Community Development District) 2 6. The area that will be served by the District is amenable to separate special-district government. WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be serviced by the district, to ensure that neither the establishment nor operation of such district is a development order under Chapter 380, Florida Statutes, and that the district so established does not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Land Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other applicable provisions of law governing county ordinances. SECTION TWO: ESTABLISHMENT OF THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT The Tamarindo Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. 17.D.o Packet Pg. 3409 Attachment: Exhibit 10 Proposed Ordinance (12394 : Tamarindo Community Development District) 3 SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors: 1. James Ratz 10541 Ben C Pratt Six Mile Cypress Pkwy. Fort Myers, FL 33966 2. Ashley Koza 10541 Ben C Pratt Six Mile Cypress Pkwy. Fort Myers, FL 33966 3. Rebecca Sarver 10541 Ben C Pratt Six Mile Cypress Pkwy. Fort Myers, FL 33966 4. J. Wayne Everett 10541 Ben C Pratt Six Mile Cypress Pkwy. Fort Myers, FL 33966 5. Landon Thomas 10541 Ben C Pratt Six Mile Cypress Pkwy. Fort Myers, FL 33966 SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the "Tamarindo Community Development District." SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The Tamarindo 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 Tamarindo Community Development District will be duly and legally authorized to exist and exercise all of its powers as set forth in Section 190.012(1), Florida Statutes, and as otherwise provided by law. The Board hereby consents to the exercise by the Board of Supervisors of the District of special powers set forth in Section 190.012(2)(a) and 190.012(2)(d), Florida Statutes, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as facilities for security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when 17.D.o Packet Pg. 3410 Attachment: Exhibit 10 Proposed Ordinance (12394 : Tamarindo Community Development District) 4 authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. SECTION SEVEN: 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 EIGHT: 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 NINE: 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 _________________, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ___________________________ By: ________________________________ ______________, CHAIRMAN Approved as to form legality: __________________ County Attorney 17.D.o Packet Pg. 3411 Attachment: Exhibit 10 Proposed Ordinance (12394 : Tamarindo Community Development District) 17.D.p Packet Pg. 3412 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District) 17.D.p Packet Pg. 3413 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District) 17.D.p Packet Pg. 3414 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District) 17.D.p Packet Pg. 3415 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District) 10 17.D.p Packet Pg. 3416 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District) 17.D.p Packet Pg. 3417 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District) 17.D.p Packet Pg. 3418 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District) 17.D.p Packet Pg. 3419 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District) 17.D.p Packet Pg. 3420 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District) 17.D.p Packet Pg. 3421 Attachment: Affidavit_Pre-filed_Testimony_Director Financial Services_Tamarindo (12394 : Tamarindo Community Development District) 17.D.q Packet Pg. 3422 Attachment: Affidavit__Pre-filed_Testimony_of_Manager_Tamarindo (12394 : Tamarindo Community Development District) 17.D.q Packet Pg. 3423 Attachment: Affidavit__Pre-filed_Testimony_of_Manager_Tamarindo (12394 : Tamarindo Community Development District) 3 TESTIMONY OF J. WAYNE EVERETT, PETITIONER 1. Please state your name and business address. My name is J. Wayne Everett. My business address is 10541 Ben C. Pratt Six Mile Cypress Parkway, Fort Myers, Florida 33966. 2. By whom are you employed and in what capacity? I am employed by D.R. Horton, Inc. (“DR Horton”) as Entitlements Manager. 3. Please describe your duties in this position. I oversee all due diligence, entitlements, design, and permitting for DR Horton projects within the Southwest Florida Division. 4. Please describe your experience and credentials, including your current employment. I have been a Civil Engineer and Land Developer since 1985 overseeing projects in Texas, Arizona, California, and Florida. 5. How long have you held this position? I have been employed by DR Horton for over seven years. 6. Please describe your involvement with the Petition to Establish (“Petition”) the Tamarindo Community Development District (“Proposed District”)? I assisted in the preparation of the Petition and its accompanying exhibits, which were filed with Collier County on April 10, 2020. 7. Are you generally familiar with the geographic areas, type, and scope of development and the available services and facilities within the Proposed District? Yes, I am familiar with the general area and the site specifically, as well as the scope of proposed services and facilities within the Proposed District. 8. Have you reviewed the contents of the Petition? Yes. 9. Are there any changes or corrections to any of the Exhibits attached to the Petition at this time? No. 17.D.q Packet Pg. 3424 Attachment: Affidavit__Pre-filed_Testimony_of_Manager_Tamarindo (12394 : Tamarindo Community Development District) 4 10. Are the contents of the Petition and Exhibits true and correct to the best of your knowledge? Yes, they are. 11. In response to this Petition, what action has Collier County taken? To date, the County has circulated a draft ordinance approving the establishment of the Proposed District for review and comment. Additionally, the County has expressed that it intends to coordinate the preparation and publication of an advertisement relative to the hearing to establish the District, which advertisement shall be published once per week for four (4) consecutive weeks prior to the hearing. 12. Approximately how large is the land area proposed to be in the Proposed District? The Proposed District is located entirely within unincorporated Collier County, Florida and encompasses approximately 106.44 acres of land. 13. Who are the owners of the proposed land to be included in the Proposed District? The owner of the lands proposed to be included within the Proposed District is Watermen at Rock Edge Naples, LLC. 14. Have the owners provided an affidavit of ownership and consent to the creation of the Proposed District? Yes, the consent and joinder of establishment of the owners of one hundred (100%) percent of the lands to be included within the Proposed District are attached to the Petition as Exhibit 2A. 15. Does this conclude your testimony? Yes. 17.D.q Packet Pg. 3425 Attachment: Affidavit__Pre-filed_Testimony_of_Manager_Tamarindo (12394 : Tamarindo Community Development District) 17.D.r Packet Pg. 3426 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District) 17.D.r Packet Pg. 3427 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District) 17.D.r Packet Pg. 3428 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District) 17.D.r Packet Pg. 3429 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District) 17.D.r Packet Pg. 3430 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District) 17.D.r Packet Pg. 3431 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District) 17.D.r Packet Pg. 3432 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District) 17.D.r Packet Pg. 3433 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District) 17.D.r Packet Pg. 3434 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District) 17.D.r Packet Pg. 3435 Attachment: Affidavit__Pre-filed_Testimony_of_President RWA_Tamarindo (12394 : Tamarindo Community Development District) ORDINANCE NO. 2020-____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 106.44+/- ACRES; PROVIDING FOR THE AUTHORITY FOR ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING FOR STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR PETITIONER’S COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, D.R. Horton, Inc. has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the TARAMINDO 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 the 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. 17.D.s Packet Pg. 3436 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District) 6. The area that will be served by the District is amenable to separate special-district government; and WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2)(c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be serviced by the district, to ensure that neither the establishment nor operation of such district is a development order under Chapter 380, Florida Statutes and that the district so established does not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Land Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government; and WHEREAS, pursuant to Section 190.012 (2)(a) and (2)(d), Florida Statutes, upon the establishment of the proposed community development district, the District Board of Supervisors have sought the right to consent from Collier County for the grant of authority to exercise special powers without question as to the continued right authority and power to exercise its limited powers as established by this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other applicable provisions of law governing county ordinances. 17.D.s Packet Pg. 3437 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District) SECTION TWO: ESTABLISHMENT OF THE TAMARINDO COMMUNITY DEVELOPMENT DISTRICT. The Tamarindo Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors: 1. James Ratz 3. Ashley Koza 2. Rebecca Sarver 4. J. Wayne Everett 5. Landon Thomas SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the "Tamarindo Community Development District." SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The Tamarindo 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 The Board hereby consents to the exercise by the Board of Supervisors of the District of the special powers set forth in Section 190.012(2)(a) and (d), Florida Statutes, to plan establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and education uses and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, as authorized by proper governmental agencies, provided however that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the District boundaries. 17.D.s Packet Pg. 3438 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District) SECTION SEVEN: PETITIONER’S COMMITMENTS The adoption of this Ordinance is predicated upon the material inducements contained in the foregoing Recital setting forth Petitioner’s Commitments, re-stated as follows: that the Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five member Board of Supervisors at such time as residents begin occupying homes in the District, and (2) record a Notice of Assessments containing the specific terms and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner’s Commitments against Petitioner, its successors and assigns. SECTION EIGHT: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. 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 ______________, 2020. 17.D.s Packet Pg. 3439 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District) ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY FLORIDA By: By: , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: _______________________________ Jeffrey A. Klatzkow, County Attorney 17.D.s Packet Pg. 3440 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District) Exhibit "A" Legal Description [CONTINUED ON FOLLOWING PAGE] 17.D.s Packet Pg. 3441 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District) [CONTINUED ON FOLLOWING PAGE] 17.D.s Packet Pg. 3442 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District) 17.D.s Packet Pg. 3443 Attachment: Ordinance_Estasblishing_District_Tamarindo_FNL (12394 : Tamarindo Community Development District) 17.D.t Packet Pg. 3444 Attachment: Affidavit_of_Publication_Tamarindo_Hearing_(Ads_1_-_3)_ (12394 : Tamarindo Community Development District) 17.D.t Packet Pg. 3445 Attachment: Affidavit_of_Publication_Tamarindo_Hearing_(Ads_1_-_3)_ (12394 : Tamarindo Community Development District) 1 Ad remaining upload 7/07/20 17.D.u Packet Pg. 3446 Attachment: 1 Ad remaining upload 7/07/20 (12394 : Tamarindo Community Development District) 17.D.v Packet Pg. 3447 Attachment: Affidavit_of_Publication_of_Notice_of_Establishment_Hearing_(Ad_4)_(07_07_20)_-_Tamarindo (12394 : Tamarindo Community 17.D.v Packet Pg. 3448 Attachment: Affidavit_of_Publication_of_Notice_of_Establishment_Hearing_(Ad_4)_(07_07_20)_-_Tamarindo (12394 : Tamarindo Community