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2021-O-40 - Dissolving Deering Park CDD fo*) ORDINANCE NO. 2021-0-40 AN ORDINANCE DISSOLVING THE DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABLITY; AND PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTING. WHEREAS, the City of Council of the City of Edgewater, Florida, has made the following findings of fact and determinations: 1. The Deering Paris Center Community Development District ("District") was established by Ordinance No. 2014-0-17 of the City Council ("Council") of the City of Edgewater, Florida, a political subdivision of the State of Florida. 2.The District is located wholly within the boundaries of the City of Edgewater(City). 3. Section 190.046(3), Florida Statutes, authorizes the merger of community development districts with another type of special district, the process of which is pursuant to the terms of that special act. 4. The District previously advised the City of its intent to merge into the Deering Park Stewardship District ("ISD"), a local unit of special-purpose government established pursuant to Chapter 2020-197, Laws of Florida, whereby the ISD would be the surviving entity and the District would be dissolved. 5. Pursuant to Chapter 2020-197, Laws of Florida, upon receipt of a resolution approving the merger and the merger agreement, the City shall adopt a non-emergency ordinance dissolving the District pursuant to Section 190.046(10). 6. As a result of the Merger, the planned community development services to be provided to the lands within the boundaries of the District may be provided by and through the Developer in a manner as efficiently as the District and at a level of quality equal to the level of quality to be delivered to the users of those services by the District, at an annual cost that would be equal to or lower than the annual assessment amount that could be levied by the District. 7. The District's Board of Supervisors adopted Resolution 2021-04 and executed the Merger Agreement, which Merger Agreement is attached hereto as Exhibit A, and desire that the City pass this nonemergency ordinance providing for the dissolution of the District in accord with section 190.046(3),Florida Statutes and Chapter 2020-197, Law of Florida. 8. The dissolution of the District will not harm or otherwise injure any interests of the current owner of neither land, nor harm nor otherwise injure any interests of any other party within or without the District. NOW,THEREFORE,BE IT ENACTED by the People of the City of Edgewater,Florida: PART A. DISSOLUTION OF DEERING PARK CENTER COMMUNITY P'1 DEVELOPMENT DISTRICT. The Council hereby repeals Ordinance No. 2014-0-17 and dissolves the Deering Park Center Community Development District. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held to be unconstitutional, inoperative,or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person,property or circumstance. PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman O'Keefe, with Second by Councilwoman Power,the vote on the first reading of this ordinance held on September 13, 2021, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilwoman Megan O'Keefe X Councilman Jonah Powers X After Motion to approve by COV nZ N. W 0,M-'-2 n O' V-eeF e with Second by C QU1(1C► ma'n eowec S the vote on the second reading/public hearing of this ordinance held o4c0embc� al , 2021, was as follows: AYE NAY Mayor Mike Thomas x Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilwoman Megan O'Keefe x Councilman Jonah Powers � PASSED AND DULY ADOPTED �h this �1 day ofd ernbe r 2021. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA t n B7y1 " Bonnie Brown,CMC Mike om I Co Clerk .. � .�J J i �� .` .' . ••'•? �J 1�' �f•'. •�� �r . v I 1 �� e♦ v �� ^ � � �� �� �. Exhibit A P""'1 MERGER AGREEMENT BY AND BETWEEN DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT AND DEERING PARK STEWARDSHIP DISTRICT This Merger Agreement (the "Agreement") is made and entered into by and between the following: Deering Park Center Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes,and located in the City of Edgewater, Florida(hereinafter"CDD,");and Deering Parr Stewardship District, a local unit of special-purpose government established pursuant to Chapter 2020-I97, Laws of Florida Statutes, and located in Brevard and Volusia Counties and the City of Edgewater, Florida (hereinafter "Deering Park SD"and together with the CDD,the"Districts"). Recitals WHEREAS, the CDD was established as of September 18, 2014, by Ordinance No. 2014-0-17 adopted by the City Council of the City of Edgewater, Florida for the purposes of planning, financing, constructing, operating and/or maintaining public infrastructure improvements;and WHEREAS, Deering Park SD was established as of September 4, 2020, by Chapter 2020-197, Laws of Florida, for the purposes of planning, financing, constructing, operating and/or maintaining public infrastructure improvements; and WHEREAS, the CDD is currently located within that portion of the boundaries of the recently established Deering Park SD located within the City of Edgewater, Florida;and WHEREAS, Section 190.046(3), Florida Statutes, authorizes the merger of community development districts and other types of special districts,and; WHEREAS,Chapter 2020-197(6)(27), Laws of Florida, authorizes the merger of one or more community development districts situated wholly within the boundaries of the Deering Park SD and provides that, the districts desiring to merge enter into a merger agreement which provides for the proper allocation of the indebtedness assumed by the merged district and the manner in which such debt shall be retired; and WHEREAS, Section 190.046(3), Florida Statutes, and Chapter 2020-197(6)(27), Laws of Florida, provide that the approval and execution of the merger agreement by the board of supervisors of the district shall constitute the consent of the landowners within such district with respect to the merger; and WHEREAS, because the CDD is Iocated within the boundaries of the Deering Park SD, a merger of the Districts (hereinafter the "Merger") is in the best interests of the Districts 1 because, among other reasons, the Merger would promote greater efficiency in the Districts' operations, eliminate redundant overhead costs and other expenses, and reduce future operations and maintenance assessments in the aggregate; and WHEREAS, on January 18, 2021, and April 15, 2021, the Board of Supervisors (the "Board(s)") of the CDD and Deering Park SD adopted Resolutions 2021.03 and 2021-04, respectively, evidencing the Districts' intent to effectuate the Merger between the Districts, directing the Districts' staff to take all actions necessary in effectuating same, and approving the form of an agreement between the Districts related to the merger and of the request requesting the Merger(collectively,the"Merger Approval Resolutions"); and WHEREAS, in accordance with Section 190.046(3),Florida Statutes, and Chapter 2020- 197(6)(27), Laws of Florida, the CDD and Deering Park SD accordingly desire to set forth their mutual understanding, rights and obligations with respect to the Merger. NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties,the receipt of which and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals and Authority. The foregoing recitals are true and correct and by this reference are incorporated as a material part of this Agreement. This Agreement is entered into pursuant to the provisions of Florida law, including, but not limited to, Chapter 190, Florida Statutes, and Chapter 2020-197,Laws of Florida. 2. The Merger,. Pursuant to the Merger Approval Resolutions, the CDD shall cause to be filed with Deering Park SD a written request ("Merger Request") requesting that the CDD merge into the Deering Park SD that would effectuate the Merger of the CDD into and with Deering Park SD as the surviving entity. In addition, the CDD shall file a copy of the Merger Request with the City of Edgewater. The Merger shall become effective upon dissolution of the CDD by the City of Edgewater (the "Merger Effective Date"). On the Merger Effective Date, the CDD shall be merged into and with Deering Park SD as the surviving entity, and the CDD shall thereafter cease to exist. It is the intent of the Districts that the transfer, assignment, vesting, and assumption of all rights, property, assets, assessments, contracts, agreements, insurance, debts, and liabilities from the CDD into Deering Park SD shall automatically occur on the Merger Effective Date, by virtue of the Merger pursuant to Section 190.046(3), Florida Statutes, and Chapter 2020-197(6)(27),Laws of Florida. 3. Delegation of Authority; Cooperation. This Agreement supplements, as necessary, the authorization, direction and delegation of authority to the Districts' Chairpersons, Vice Chairpersons, and District officers and/or staff(collectively,"District Staff') as provided in the Merger Approval Resolutions to further authorize and delegate to District Staff the authority to effectuate the transfer of powers,duties, liabilities, claims and assets, etc. as may be necessary to effectuate the Merger. The Districts agree to continue to cooperate and take all actions reasonably necessary and in a timely manner to permit a prompt response in all proceedings relating to the Merger. 2 4. Funding. The Districts recognize that in order to seek a Merger pursuant to Chapter 190, Florida Statutes, and Chapter 2020-197, Laws of Florida District Staff, including but not limited to legal, engineering, financial and managerial staff, among others, must provide certain services necessary to the effectuate the same. The Districts are authorized to enter into such funding agreements as are necessary to accomplish the Merger. 5. Legal Opinions. The Districts shall cause to be provided, or otherwise obtain, any legal opinions necessary to effectuate the Merger. G. District Boundaries. Upon the Merger, the surviving District shall be the Deering Park SD and the CDD shall cease to exist. As of the Merger Effective Date, the boundaries of Merged District shall be as set forth in Exhibit A, attached hereto and incorporated herein by reference. 7. Board Members. Upon the Merger Effective Date, the Board of the CDD shall cease to exist and the Board of Deering Park SD shall continue to operate as the Board of the Merged District. 8. Property & Assets. Effective as of the Merger Effective Date, the CDD passes all title, rights, ownership of property, moneys, uncollected taxes and/or assessments, dues, receivables, claims, and judgments held and owned by the CDD (the"CDD Assets") to Deering Park SD. By execution of this Agreement, and as of the Merger Effective Date, Deering Park SD accepts and is hereby vested with the authority necessary to effect such transfer from or on behalf of the CDD, and receive such title, rights, ownership of property, moneys, uncollected taxes and/or assessments,dues, receivables,claims and judgments. 9. Assessments. Effective as of the Merger Effective Date, all non-ad valorem or special assessments levied by the CDD against property in the CDD (the "CDD Assessments") shall be payable when due to Deering Park SD. By execution of this Agreement, and as of the Merger Effective Date, the CDD delegates, and the Deering Park SD accepts, the authority to collect upon and enforce any such assessment liens, whether under the Uniform Method of Collection or any other method under Florida law. 10. Contracts. Effective as of the Merger Effective Date, Deering Park SD shall be responsible for, and bound by, all contracts to which the CDD is presently a party and which are not terminated as of the Merger Effective Date (the "CDD Contracts"). Deering Park SD shall assume the liabilities arising from the CDD Contracts and be entitled to the benefits of the same by operation of law. In addition, this Agreement shall effect the assignment, if needed, of the CDD Contracts to Deering Park SD as of the Merger Effective Date with no further action required on behalf of the Districts unless consent by assignment is required by a third party. If such consent is required by a third party, the CDD shall obtain such consent to assignment or terminate the contract in accordance with its terms. By execution of this Agreement, the CDD delegates, and Deering Park SD accepts, the authority to enforce and/or effect the disposition of all CDD Contracts, including but not limited to the assignment, amendment, and/or termination of the same. 3 11. Other Interlocal Aereements. Effective as of the Merger Effective Date, Deering Park SD shall be responsible for, and be bound by, all other interlocal agreements to which the CDD is a party, including any with the City of Edgewater ("Other Interlocal Agreements"). Deering Park SD shall assume the liabilities arising from such interlocal agreements and be entitled to the benefit of the same by operation of law. In addition, this Agreement shall effect the assignment, if needed, of the Other Interlocal Agreements by the CDD to Deering Park SD as of the Merger Effective Date with no further action required by the Districts. To the extent necessary, if any, the CDD delegates, and Deering Park SD accepts, the authority to enforce and/or effect the disposition of all such interlocal agreements, including but not limited to the assignment,amendment and/or termination of the same. 12. Debts& Liabilities. Effective as of the Merger Effective Date, Deering Park SD shall be responsible for and have the obligation of all debts and liabilities of the CDD(the"CDD Debts & Liabilities") by operation of law. The Districts agree that, pursuant to Section 190.046, Florida Statutes, the Merger shall not impair the rights of creditors and liens upon the CDD's property, if any. Moreover, Deering Park SD may be substituted for the CDD in any claim existing, or action or proceeding pending by or against the CDD. To the extent necessary, the CDD delegates, and Deering Park SD accepts, the authority to satisfy, fulfill, and pay all CDD Debts&Liabilities and defend against any claim or action proceeding by or against the CDD. 13. Insurance. The CDD shall terminate its insurance coverage effective thirty (30) days from the Merger Effective Date. Deering Park SD shall ensure that payment of the premium for that coverage is made so as to prevent any lapse in coverage,and shall be entitled to receive any refund of any overpayment for such insurance due to the cancellation. 14. Audits. Effective as of the Merger Effective Date, the CDD hereby authorizes the Deering Park SD to conduct, approve, and submit to appropriate authorities a final audit of the CDD's financial records pursuant to Section 190.007(2), Florida Statutes, and the submittal of any additional financial reports or statements required by law. By execution of this Agreement, Deering Park SD agrees to conduct, approve, and submit to appropriate authorities a final audit of CDD's records pursuant to Section 190.007(2), Florida Statutes, and to submit all required additional financial reports or statements required by law. The Districts agree that the preparation of the above-referenced audit shall not commence until after the Merger Effective Date. 15. Accounts. Effective as of the Merger Effective Date, the CDD authorizes Deering Park SD to assume control of all bank accounts held in the name of the CDD (the"Bank Accounts"), and to take any actions necessary to utilize such funds to pay obligations of the CDD which may become due after the Merger Effective Date or to transfer any funds remaining in such accounts into Deering Park SD accounts. Such actions may include, but are not limited to, the expenditure of funds from the Bank Accounts for payment of services rendered to the CDD prior to the Merger Effective Date, the transfer of such funds from the CDD to Deering Park SD, and the closing of such Bank Accounts which shall occur within forty-five(45)days of the Merger Effective Date. By execution of this Agreement, and as of the Merger Effective Date, P"'� the Deering Park SD accepts such control over the Bank Accounts. 4 16. Budgets. By execution of this Agreement, and effective as of the Merger Effective Date, the CDD delegates to Deering Park SD the authority to consolidate the CDD's budget with the Deering Park SD budget for the then-current fiscal year, and Deering Park SD agrees to take any and all such actions with respect to the consolidation of the Districts' budgets. As the Districts acknowledge that the necessary amendments to Deering Park SD's budget to reflect the Merger must occur after the closing of the financial accounts and records of the CDD, Deering Paris SD agrees to amend the Deering Park SD budget to reflect the Merger, including amendments to both revenues and expenses,within sixty(60)days of the Merger Effective Date. 17. Rules and Policies. At the time of this Agreement, the Districts have their own Rules of Procedure. Any additional rules, rates, or policies adopted by Deering Park SD shall remain in place upon the Merger unless and until Deering Park SD finds, in its sole discretion, that it is in its best interests to amend such rules, rates,or policies. 18. Powers. At the time of this Agreement, the CDD shall continue to have all of its existing general and special powers. Effective as of the Merger Effective Date, Deering Park SD shall be additionally vested with any and all of the general and special powers of the CDD. 19. Default and Protection Against Third Party Interference. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages and/or specific performance. Each party shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair a party's right to protect its rights from interference by a third party to this Agreement. 20. Amendments. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing approved by the Boards of Supervisors of each of the Districts. 21. Authorization. The execution of this Agreement has been duly authorized by the Boards of Supervisors for the CDD and Deering Park SD, all parties have complied with all the requirements of law, and all parties have full power and authority to comply with the terms and provisions of this instrument. 22. Arm's Length Transaction. This Agreement has been negotiated fully between the parties as an arm's length transaction. All parties participated fully in the preparation of this Agreement and received the advice of counsel of their choosing. In the case of a dispute concerning the interpretation of any provision of this Agreement, all parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against any party. 23. Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and no right or cause of action shall accrue upon or by reason,to or for the benefit of any third party not a formai party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or entity other than the 5 parties any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement. 24. Assignment. The parties may not assign any part of this Agreement without the prior written approval of the other. Any purported assignment without such written consent shall be void. 25. ControlIing Law, Venue. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. Venue shall be in Volusia County, Florida. 26. Severability. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable. 27. Sovereign Immunity. Nothing in this Agreement shall constitute or be construed as a waiver of either party's limitations on liability, as set forth in Section 768.28, Florida Statutes, or other applicable statute or law. 28. Enforcement of Agreement. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, the parties agree that the prevailing party shall be entitled to recover from the non-prevailing party all fees and costs incurred, including reasonable attorneys fees, paralegal fees and costs for trial, alternative dispute resolution, or appellate proceedings. 24. Headings for Convenience Only. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement. 30. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original. However, all such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. 31. Effective Date, Merger Effective Date and Termination. This Agreement shall be effective upon the execution by a majority of the Board of Supervisors of the CDD and Deering Park SD, and upon the recordation of a fully-executed copy of the Agreement in the Official Records of Volusia County, Florida. The Agreement shall continue to be effective until the earlier of either: (a) the date following the Merger Effective Date upon which all obligations and requirements set forth under this Agreement have been satisfied; or (b) termination of this Agreement upon sixty (60) days written notice by the terminating party. The terminating party shall record a Notice of Termination of this Agreement immediately after the effective date of termination. [SIGNATURES ON NEXT PAGE] 6 IN WITNESS NN HEREOF, the undersigned executed this Agreement as of the: day of ✓6l --. 20 21 Attest: DEER1 ENTER 'ONI II Uti IT1' DE LOP:tiII?NT I ICT B ARD OF ,J '7 S S fecr, ,Its Chairman 7,, Bv: DAPU G1 LLyA(24) Its Vice-Chaiim Printed Name B v: Its ASS44t Secretary 'Witness: By 0 Its Assistant Secretary Printed Name E^, By: Its Assistant Treasurer STATE OF FLORIDA ) COUNTY OF The fore`_oing instrument was acknowledged before me by means of'S61wsical presence or C online notarization. this kto^ clay of 20jj by the Board oC Supervisors of the Deering Park Center Communitv Development District. [Notary Seal] Pobdc State of FloridaEach Personallv Known c cerbonef=P4, Notary mission GG 04011" OR Produced Identification 02ra4Mo2a OF VU Type oficlentitication 7 IN WITNESS WHEREOF,the undersigned executed this Agreement as of the o 06- day of 1f' , 20_ZL. Attest: DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS YItness: ry By::, ��,Zk �, By: Its Vice-Chairman Da 1�,n e_ �I L`c a rel Printed Name By: Is istant Secretary Witness: l• n� By: Its Assistant Se retary �" Printed Namzl e fffTL.'— By: Its Assistant Secretary STATE OF FLORI A ) COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or O online notarization, this dVA day of / , 20j/ by the Board of Supervisors of the Deering Park Center Community Development District. [Notary Seal] �"" a'-� ""r Lauren Cumber Each Personally Known x NOTARY PUBLIC STATE OF FLORIDA OR Produced Identification Comm#GG222763 Type of Identification Expires 6/16/2022 7 IN WITNESS WHEREOF, the undersigned executed this Agreement as of the a - day of §Y-v ,20 Attest: FARMTON-BREVARD C0MibICJ1NITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS Sei*r. y By: f Its Chairman W i ies : t�--e..�� By: Its Vice-Chairman 1�ikata�G G►u_�!�� Printed Name By: Its Assistant Secretary Witness: By: Its Assistant Secretary Printed Name By: Its Assistant Secretary STATE OF FLORIDA ) COUNTY OF The foregoing instrument was acknowledged before me by means of V physical presence or online notarization, this "-day of , 20a1 by the Board of Supervisors of the Farmton- Brevard Community Development District. [Notary Seat] ET'OTP Notary Pubkc State of Florida Elizabeth Anne WhitneyEach Personall Known MY Commission GG 381385y Exp�ron07l31n023 OR Produced Identification Type of Identification 7 IN N-ViT\ESS NN'HEREOF, the erec:uted this Agreement as ofthe 15 ' day of ;)aZnj 20 Z( Attest: DEERIN G T ARD, DIST T BO OPS UP RS Secret- B Its Ch rrnan------- Witness: Its Vice-Chairman Printed Name By: Its Assistant Secretary Witness: �V�� i, L -4 By: Its Assistant Secretary �i3 c w Y Printed Name: By: Its Assistant Secretary STATE OF FLORIDA ) COUNTY OF V-06sia. ) The foregoing instrument was acknowledged before me by means or-,—,/,phvsical presence or G online notarization. this %Y'day of 20.)l by the Board of Supervisors of the _Deering-, Ptak Stewardship District. (Notary Sea[] l� ovO� Notary Public State of%rich Diane C Cerbone Each Personallv Known %TjEx CommimsO7J 4r2O24 &10883 OR Produced Identification TOW Expim�e 02lOd1202d Typc of Identification IN WITNESS W t REOF, the undersigned executed this Agreement as of ther"� day of �1., 20 Z1 Attest: DEERING PARK STEWARDSHIP DISTRICT BOARD OF SUPERVISORS ecr By: a u T ) 4—� Its Chairman Witness: �P Uut/( By: n Its Vice-Chairman Printed Name B Its Assistant Secretary Witness: By: J �J; r 0 T / ` Its Assistant Secretary Printed Name By: .�✓ Its AssistaigSecretary STATE OF FLORIDA ) COUNTY OF The foregoing instrument was acknowledged before me by means of � physical presence or `-1 online notarization, this 23 day of .'1Pa)L— , 20--) l by the Board of Supervisors of the _Deering Park Stewardship District. [Notary Seal] =jayeshPatei c state of=tonca Personally Known elsionGG'89313 OR Produced [dentificatio�212022Type of Identification I 7�:-1r 7 i-- s IN WITNESS WHEREOF, the undersigned executed this Agreement as of the dayof rn , 20?-1. Attest: DEERING PARI{STEWARDSHIP DISTRICT BOARD OF SUPERVISORS e By: Its Chairman Witness.-/&1' By: Its Vice-Chairman Printed Name By: l Its Assistant Secretary Witness: By: Its Assistant Secretary -^• I Printed Name By: Its Assistant Secretary STATE OF FLDA } COUNTY OF ( (J/-Aj The foregoing instrument W44 acknowledge before me b�Y means of 1/physical presence or 1 online notarization, this day of V 201 by the Board of Supervisors of the _Deering Park Stewardship District. [Notary Seal] r /) J fid 'l, Lauren curroer U ca��ar o NOTARY PUBLIC o =STATE OF FLORIDA Each Personally Known 2 Comm#GG222753 OR Produced Identification `rocil9r� Expires 611612022 Type of Identification IN WITNESS NVHEREOF. Ilse undersiuried as District Nlana_er of Deering, Park Center Community Development District accepts the authority delegated by this Agreement as of the 1 day of ftni . 202t v Attest: DEERI`G PARK CENTER COMMUNITY j DEVELOPMENT DISTRICT ec• ary Bv: r,�Iyf, 6,1,96ko Its District ` fitness: /'r� -UL'L-. V b�P-1,�E G1 L(-1 AN) Printed Name Witness: P 'R1)el- Printed Name STATE OF FLORIDA ) COUNTY OF `FAUN 1-6&Aal) The fore_oin�z instrument was acknallledged before me by mea}�s of�physical presence or L online notarization, this L(,f� day of H I ?OZ� by Ut v,T(,��yhs as District Mana�_er of Deering- Park Center Community Development District. [Notary Sea[] *E11KO DAPHNE GILLYARD NOTARY PUBLIC Personally Knobn STATE OF FLORIDA OR Pr duced Identification Comm#GG327647 Expires 812012023 Type of Identification Exhibit A: Dcerin,, Park SD BOUndarles as of Vler-er Effective Date r� 9 RESOLUTION 2021-04 A RESOLUTION OF THE DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT APPROVING AND CONFIRMING ITS INTENT TO MERGE WITH THE DEERING PARK STEWARDSHIP DISTRICT; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,Deering Park Center Community Development District ("District') is a local unit of special-purpose government pursuant to Chapter 190, Florida Statutes, established by the City of Edgewater, Florida, for the purpose of planning, financing, constructing,operating,and/or maintaining public infrastructure improvements;and WHEREAS, Deering Park Stewardship District ("DPSD") is a local unit of special- purpose government established by the Florida Legislature pursuant to Chapter 2020- 197, Laws of Florida ("Act'), for the purpose of planning, financing, constructing, operating,and/or maintaining public infrastructure improvements;and WHEREAS, the Board of Supervisors of the District ("Board") previously adopted Resolution 2021-03 approving the merging of the District with and into the DPSD, including the form of the merger agreement and setting a public hearing for the purpose of providing information and taking public comment on the proposed merger; and WHEREAS, in accordance with Resolution 2021-03, the Board noticed and conducted the public hearing on April 15,2021; and WHREAS,the Board desires to approve and confirm its intent to merge with DPSD and provide notice of such intent to DPSD and the City of Edgewater. NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT: 1. Recitals. The recitals as stated above are true and correct and by this reference are incorporated into and form a material part of this Resolution. Z. Approval and Confirmation of Merger. The Board hereby approves and confirms its intent to merge with DPSD, and hereby directs the District Manager to provide this Resolution to DPSD and the City of Edgewater as evidence thereof. 3. Severability. If any section or part of a section of this Resolution be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. 4. Effective Date. This Resolution shall take effect upon its adoption. ADOPTED THIS 1511 DAY OF APRIL, 2021 ATTEST: DEERING PARK CENTER COMMUNITY DE EIrQPICAENT DI TRIM -- Secretary/As ' to t re i, tary hair/ ice Chair, Boa Supervisors CRAPHiC SCALE \ b 0 MI h SGML 1 � 7 \1 \1 -- x lka e 1 \ ggp w a ,. u w +•1d Slrf a 1, a SEE SHEET 2 '~.°�1P SEE SHEET 2 SEE SHEET 3 ..� . .. , oyn SEE SHEET 3@tl.e��tl 10 a A 1I a p as � 1� yy •/ Q6 i cC V ._ .,�. i Y - b�epr8� Soo 11 ,a „ -„•_ •;,` ; ate"'•. ,. SEE SHEET 3 �`�� SEE SHEET 3 SEE SHEET 4 SEE SHEET 4 � k ? i1 a i.ss��54 4� 6.oPi5e� VFre, fill 13 SEE SHEET 4 -. - --+5. `:L':��,+r•�.p� ,IA SEE SHEET 5 4" ti� Hop @ SKETCH OF DESCRIPTION r `"'• a FARMTON CDD IN VOLUSIA COUNTY m - 4 AND BREVARD COUNTY eas.;a>s tat SEPTEMBER 2019 I; ' N. ,