2014-O-17 ORDINANCE NO.2014-0-17
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, GRANTING PETITION OF SWALLOWTAIL,
LLC FOR ESTABLISHMENT OF A COMMUNITY
DEVELOPMENT DISTRICT ("CDD"); CREATING AND
ESTABLISHING DEERING PARK CENTER COMMUNITY
DEVELOPMENT DISTRICT; PROVIDING FOR NAME,
POWERS AND DUTIES; PROVIDING DESCRIPTION AND
BOUNDARIES; PROVIDING INITIAL MEMBERS OF
BOARD OF SUPERVISORS; PROVIDING FOR
CONFLICTING PROVISIONS, AN EFFECTIVE DATE
AND ADOPTION.
WHEREAS,the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, the Florida Legislature created and amended Chapter 190, Florida Statutes,
to provide an alternative method to finance and manage basic services for community
• development; and
WHEREAS, SWALLOWTAIL, LLC, a Delaware limited liability company, has
petitioned for the establishment of the Deering Park Center Community Development District
(the"District"); and
WHEREAS, a public hearing has been conducted by the City Council (the "Council") of
the City of Edgewater, Florida (the "City") in accordance with the requirements and procedures
of Section 190.005(2)(d), Florida Statutes, and the applicable requirements and procedures of the
City's Charter and Code of Ordinances; and
WHEREAS, the District will constitute a timely, efficient, effective, responsive and
economic way to deliver community development services in the area, thereby providing a
solution to the City's planning, management and financing needs for delivery of capital
infrastructure therein without overburdeningrthe City and its taxpayers; and
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#2014-0-17
WHEREAS, the Council finds that the statements contained in the Petition are true and
correct; and
WHEREAS, the creation of the District is not inconsistent with any applicable element
or portion of the State comprehensive plan or the City's Comprehensive Plan; and
WHEREAS, the area of land within the District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
development; and
WHEREAS, the creation of the District is the best alternative available for delivering
community development facilities and services to the area that will be served by the District; and
WHEREAS, the proposed facilities and services to be provided by the District will be
compatible with the capacity and uses of existing local and regional community development
facilities and services; and •
WHEREAS, the area that will be served by the District is amenable to separate special
district government; and
WHEREAS, the Council finds that the District shall have those general and special
powers authorized by Sections 190.011 and 190.012, Florida Statutes, and set forth herein, and
that it is in the public interest of all of the citizens of the City that the District have such powers.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of
Edgewater, Florida:
Section 1. The foregoing findings, which are expressly set forth herein, are hereby
adopted and made a part hereof.
Section 2. The Petition to establish Deering Park Center Community Development
District over the real property described in Exhibit 2 of the Petition, a copy of which is attached
hereto, which was filed by the Petitioner, on August 7, 2014, and which Petition is on file at the
Office of the City of Edgewater City Clerk, is hereby granted. A copy of the Petition is attached
and incorporated herein as Exhibit A.
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Section 3. The external boundaries of the District are depicted on the location map
attached hereto and incorporated herein as Exhibit B.
Section 4. The initial members of the Board of Supervisors shall be as follows:
Name: Glenn D. Storch
Address: 420 S.Nova Road, Daytona Beach, FL 32114-4514
Name: Michael A. Brown
Address: 3450 Old Dawson Ranch, Edgewater, FL 32141
Name: Mark Dowst
Address: 536 N. Halifax Avenue, Daytona Beach, FL 32118
Name: Catherine Storch
Address: 420 S.Nova Road, Daytona Beach, FL 32114-4514
Name: Sans Lassiter
Address: 123 Live Oak Avenue, Daytona Beach,FL 32114
Section 5. The name of the District shall be the Deering Park Center Community
• Development District.
Section 6. The Deering Park Center Community Development District is created for
the purposes set forth in Chapter 190, Florida Statutes.
Section 7. Pursuant to Section 190.005(2)(d), Florida Statutes, the charter for the
Deering Park Center Community Development District shall be Sections 190.006 through
190.041, Florida Statutes, as amended.
Section 8. Powers Requested. The District is seeking and hereby requests the right to
exercise all powers provided for in Section 190.011, Florida Statutes, including the power of
eminent domain as outlined in Section 190.011(11), Florida Statutes, and all special powers
outlined in Section 190.012, Florida Statutes. The full text of the powers requested herein is set
forth in Attachment No. 1 attached hereto.
Section 9. All bonds issued by the Deering Park Center Community Development
District pursuant to the powers granted by this ordinance shall be validated pursuant to Chapter
75,Florida Statutes.
Section 10.. No bond, debt or other obligation of the Deering Park Center Community
Development District, nor any default thereon, shall constitute a debt or obligation of the City.
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Section 11. If any section, subsection, sentence, clause or provision of this ordinance •
is held invalid,the remainder of this ordinance shall not be affected by such invalidity. .
Section 12. It is the intention of the Council, and it is hereby ordained that the
provisions of this ordinance shall be excluded from the City's Code of Ordinances.
Section 13. This ordinance shall become effective ten (10) days after the date of
enactment.
Section 14. ADOPTION.
After Motion to approve by Councilman Emter and Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on August 18, 2014, was as
follows:
AYE NAY
Mayor Mike Thomas ABSTAINED
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Gene Emter X
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• After Motion to approve by by COUJVA.1 Man A p and Second by
Cf jr IU)4r (Pc L - , the vote on the second reading/public
hearing of this ordinance held on & B , 2014,was as follows:
AYE NAY
Mayor Mike Thomas -b*air)ed
Councilwoman Christine Power �(
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
PASSED AND DULY ADOPTED this Ri41 day o , 2014.
•
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEW ',F 01'IDA
l -r oL
By I L J
Bonnie Wenzel Mike Tho as
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Edgewater, Approved by the City Council of the
Florida. Approved as to form and legality by: City of Edgewater at a meeting held
Aaron R. Wolfe, Esquire on this ,fh day
City Attorney 2014 under Agenda Item No. 86k..
Doran, Sims,Wolfe,Kundid,
Ciocchetti&Wagner
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#2014-0-17
• PETITION BY
SWALLOWTAIL,LLC
TO
THE CITY COUNCIL OF THE CITY OF EDGEWATER,
EDGEWATER,FLORIDA
REQUESTING THE ESTABLISHMENT OF THE
DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT
SWALLOWTAIL, LLC, (the 'Petitioner") hereby petitions the CITY COUNCIL OF
THE CITY OF EDGEWATER, EDGEWATER, FLORIDA (the "City"), pursuant to the
"Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes, to
adopt an ordinance establishing the Deering Park Center Community Development District
(hereinafter "CDD"or "District") with respect to land described herein. In support thereof, the
Petitioner submits:
1. Petitioner. SWALLOWTAIL, LLC has its principal place of business at 410 N.
Michigan Avenue,Room 590, Chicago,IL 60611.
2. Location and Size. The property to be included within the District is located
entirely within the incorporated limits of the City of Edgewater, Florida and is depicted on the
• general location map attached to and incorporated with this Petition as Exhibit 1. The site is
generally located in the southwest quadrant of the interchange of SR 442 (Indian River
Boulevard) and I-95. The proposed District covers approximately 900 +1- acres of land. The
metes and bounds description of the external boundaries of the District is attached to and
x is no real property within th. proposed
incorporated with this Petition as Exhibit 2. There p p rty w t the p vp
external boundaries of the District that is excluded from the District.
3. Landowner Consent. Petitioner has obtained written consent to establish the
District from the owners of one hundred percent (100%) of the real property located within the
boundaries of the District. The written consent is attached to and incorporated with this Petition
as Exhibit 3.
4. Name. The name of the proposed District will be Deering Park Center
Community Development District.
5. Initial Board Members. The names and addresses of those designated to be the
five(5) initial members of the Board of Supervisors of the District, all of whom are residents of
the State of Florida and citizens of the United States,are as follows:
1. Name: Glenn D. Storch
Address: 420 S.Nova Road, Daytona Beach,FL 32114-4514
Relationship to Petitioner: Attorney
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2. Name: Michael A.Brown
Address: 3450 Old Dawson Ranch,Edgewater,FL 32141
Relationship to Petitioner: Consultant
3. Name: Mark Dowst
Address: 536 N.Halifax Avenue, Daytona Beach,FL 32118
Relationship to Petitioner: Consultant
4. Name: Catherine Storch
Address: 420 S.Nova Road,Daytona Beach,FL 32114-4514
Relationship to Petitioner: Consultant
5. Name: Sans Lassiter
Address: 123 Live Oak Avenue,Daytona Beach,FL 32114
Relationship to Petitioner: Consultant
6. Major Water and Wastewater Facilities, A map of the lands within the proposed
District showing the existing major trunk water mains, sewer interceptors and the major outfall
canals and drainage basins is attached to and incorporated with this Petition as Exhibit 4.
7. District Facilities and Services. The District presently expects to finance,
construct,install and maintain improvements of the District's facilities to benefit the lands within
the District. Attached to and incorporated with this Petition, Exhibit 5 describes the type of
facilities and the estimated costs associated with Phase 1. This is a good faith estimate. Actual
construction timetables and expenditures may vary, due in part to the effects of future changes in
the economic conditions upon costs such as labor, services, materials, interest rates and market
conditions.
8. Existing Zoning and Future Land Use. The existing zoning for lands within the
proposed District is attached to and incorporated with this Petition as Exhibit 6. The proposed
future general distribution, location, and extent of the public and private land uses within and
surrounding the District,as designated on the current City of Edgewater Future Land Use Map is
also attached hereto and incorporated with this Petition as Exhibit 7.
9. Statement of Estimated Regulatory Costs. A Statement of Estimated Regulatory
Costs (hereinafter "SERC") prepared in accordance with the requirements of Section 120.541,
Florida Statutes,is attached to and incorporated with this Petition as Exhibit 8.
10, Authorized Agent. The Petitioner is authorized to do business in Florida. The
authorized agent for the Petitioner is Glenn D. Storch, whose address is 420 S. Nova Road,
Daytona Beach, FL 3211.4-4514. A signed Authorization of Agent is attached as Exhibit 9.
Copies of all correspondence and official notices should be sent to the address in the previous
sentence with a copy to Mark A. Watts, Esquire, CobbCole, 351 East New York Avenue; Suite
200,DeLand,FL 32724.
{043845.001:MWATT/JNLEO:01691804.DOCX;3}
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•
11. Powers Requested. The District is seeking and hereby requests the right to
exercise all powers provided for in Section 190.011, Florida Statutes, including the power of
eminent domain as outlined in Section 190.011 (11), Florida Statutes, and all special powers
outlined in Section 190.012, Florida Statutes. The full text of the powers requested herein is set
forth in Attachment No. 1 attached hereto.
12. Justification Statement. The property within the District is amenable to operating
as an independent special district for the following reasons:
a. All statements contained in this Petition are true and correct.
b. The District and all land uses and services planned therein are not
inconsistent with applicable elements or portions of the effective City of Edgewater
Comprehensive Land use Plan, as amended, or any applicable elements of the state
comprehensive plan.
c. The area of land within the proposed District is part of a unified plan of
development approved by the City of Edgewater, Florida. The land to be included in the District
is of sufficient size and is sufficiently compact and contiguous to be developed as one functional
and interrelated development.
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
mechanism for delivering those services and facilities in a manner that does not financially
impact persons residing outside the District and(ii) the District provides a responsible perpetual
entity capable of making reasonable provisions for the operation and maintenance of the District
services and facilities in the future.
e. The District's community development services and facilities will be
compatible with the capacity and use of existing local and regional community development
services and facilities, as is evidenced by the City of Comprehensive Plan,will allow for a more
efficient use of resources, and will provide a perpetual entity capable of making provisions for
the operation and maintenance of the District services and facilities.
f. For the foregoing reasons,the area to be served by the proposed District is
amenable to separate special district government.
WHEREFORE,Petitioner respectfully requests the City Council of the City of Edgewater to:
1. Direct that a local public hearing be held as required by Section 190.005(2)(b),
Florida Statutes; to consider the establishment of the Deering Park Center Community
Development District; and
2. Grant the Petition for Establishment and adopt an Ordinance pursuant to Chapter
190, Florida Statutes; establishing the Deering Park Center Community Development District;
and
(043845-001:MWATi/INLEO:0169I804 DOCX;3)
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3. Consent to the District's exercise of its statutory powers requested herein,as those
powers are set forth in Chapter 190,Florida Statutes.
RESPECTFULLY SUBMITTED,this NI'day of " ,2014.
COBBCOLE
By: 11 _.�L.r4
ark A. Watts
Florida Bar No. 0157521
351 East New York Avenue; Suite 200
DeLand,FL 32724
(386)736-7700
Attorney for Petitioner
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EXHIBIT 1
General Location Map
EXHIBIT 2
Metes and Bounds Legal Description 1
EXHIBIT 3
Written Consent of 100%of Landowners
EXHIBIT 4
Existing Water Mains, Sewer Interceptors,and Outfalls
EXHIBIT 5
Estimated Cost of Constructing Proposed Services
EXHIBIT 6
Zoning Map
EXHIBIT 7
Future Land Use Map
EXHIBIT 8
Statement of Estimated Regulatory Costs
EXHIBIT 9
Authorization of Owner
ATTACHMENT No. 1
Florida Statutes Section 190.011 and 190.012
•
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EXHIBIT 1
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EXHIBIT 2
SDESCRIPTIO :
ALL OF SECTION 7, TOWNSHIP 18 SOUTH, 34 EAST, AND THE WEST 1/2 OF SECTION 8, TOWNSHIP 18 SOUTH, .
RANGE 34 EAST, LYING WESTERLY OF INTERSTATE NO. 9, VOLUSIA COUNTY, FLORIDA LESS: .
A) WELL SITE 1 & 2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461 OF THE PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA.
B) WELL SITE 3 & 4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463 OF THE PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA.
•
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A NAIL AND DISK STAMPED "PLS 4014" MARKING THE NORTHEAST CORNER OF SECTION 7, .. '
TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, THENCE NORTH 89'44`51" WEST, ALONG THE
NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, A
DISTANCE OF 2982.45 TO A 4" x 4" CONCRETE MONUMENT STAMPED "PLS 2027" MARKING THE SOUTH 1/4
CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY; THENCE NORTH 89°45'10"
WEST, THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 2982.47
TO A 5/8" IRON ROD & CAP "#2599" MARKING THE NORTHWEST CORNER OF SAID SECTION 7, AND THE POINT
OF BEGINNING; THENCE SOUTH 01'28'07 EAST, ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF
5301.88 FEET TO 1/2" IRON PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE SOUTH
89'45'08 EAST, ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 5930.90 FEET, TO THE REMAINS •
OF A CYPRESS POST MARKING THE SOUTHEAST CORNER OF SAID SECTION 7, SAID POINT ALSO BEING THE
SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST; THENCE NORTH 89'31'10 EAST,.
ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 2354.57 FEET TO THE SOUTHWESTERLY RIGHT OF
WAY LINE OF INTERSTATE 95 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
MAP, SECTION 79002-2406; THENCE NORTH 2211'53" WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE,.
A DISTANCE OF 4163.18 FEET THENCE NORTH 31'55'32" WEST ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE,
A DISTANCE OF 1420,42 FEET; THENCE NORTH 62'03'52" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF
WAY LINE, A DISTANCE OF 149.13 FEET; THENCE NORTH 76'02'44" WEST, ALONG SAID EXISTING SOUTHWESTERLY
0 RIGHT OF WAY LINE, A DISTANCE OF .269.91 FEET; THENCE SOUTH 89'41'52" WEST, ALONG SAID EXISTING
SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 749,02 FEET; THENCE NORTH 00"18'08"•WEST, ALONG SAID
EXISTING SOUTHWESTERLY RIGHT OF WAY LINE; A DISTANCE OF 93.30 FEET TO A POINT ON THE NORTH LINE OF •
SAID SECTION 7; THENCE NORTH 89'44'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 927.09 FEET; TO
THE NORTHEAST CORNER WELL SITE NO. 1 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 1 THE
FOLLOWING COURSES: THENCE SOUTH 0015'09" WEST, A DISTANCE OF 46.00 FEET; THENCE NORTH 89'44'51"
WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00'15'09" EAST, A DISTANCE OF 46.00 FEET TO THE NORTH
LINE OF SAID SECTION 7 AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 1; THENCE NORTH 89`44'51"
WEST, ALONG SAID NORTH LINE, A DISTANCE OF 390.30 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO.
2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO 2 THE FOLLOWING COURSES; THENCE SOUTH
0015'09"WEST, A DISTANCE OF 49.00 FEET; THENCE NORTH 89'44'51 WEST, A DISTANCE OF 40.00 FEET;
THENCE NORTH 00'15'09" EAST, A DISTANCE OF 49.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE
NORTHWEST CORNER OF SAID WELL SITE NO. 2; TTIENCE NORTH 89'44'51" WEST, ALONG SAID NORTH LINE, A
DISTANCE OF 516.02 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO. 3 AS RECORDED IN OFFICIAL
RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE
LIMITS OF SAID WELL SITE NO, 3 THE FOLLOWING COURSES; THENCE SOUTH 0015'09"WEST, A DISTANCE OF
488.00 FEET; THENCE NORTH 89'44'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 0015'09" EAST, A !'
DISTANCE OF 48.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL
SITE NO 3; THENCE NORTH 89'44'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF-18.16 FEET TO A 4" x 4'
CONCRETE MONUMENT MARKING THE SOUTH 1/4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST.
VOLUSIA COUNTY, FLORIDA; THENCE NORTH 89'45'10" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A
DISTANCE OF 417.17 FEET TO THE NORTHEAST CORNER OF WELL SITE.NO 4 AS RECORDED IN OFFICIAL RECORDS
BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF
SAID WELL SITE NO 4 THE FOLLOWING COURSES; THENCE SOUTH 0014'50"WEST, A DISTANCE OF 50.00 FEET;
THENCE NORTH 89'45'10" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00'14'50" EAST, A DISTANCE OF
50.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO 4,
THENCE NORTH 89'45'10" WEST ALONG SAID NORTH LINE OF SAID SECTION 7, A DISTANCE OF 2525.30 TO THE
POINT OF BEGINNING. .
III
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EXHIBIT 3
LANDOWNER CONSENT
The undersigned owns one hundred percent (100%) of the lands that are the subject of
this Petition,as more particularly described on Exhibit A attached hereto and incorporated herein
(the"Property").
The undersigned has caused this Petition to be submitted and requests that the City of
Edgewater consider formation of the Deering Park Center Community Development District in
accordance with the provisions of Fla. Stat. §190 and as provided in the forgoing Petition. As
the owner of the Property that will comprise the Deering Park Center Community Development
District, the undersigned understands and acknowledges that pursuant to the provisions of
Section 190.005, Florida Statutes, this written consent is required to authorize formation of the
Deering Park Center Community Development District.
The undersigned hereby agrees to execute any documentation necessary or convenient to
evidence this consent during the City's consideration of the Petition to form the Deering Park
Center Community Development District.
Executed this day of R r ,2014.
SWALLOWTAIL,LLC
a Delaware Limited Liability Company
111
By:
rint fame: en }2IAA- Co 6 t.R.(I\1G-
Title: Manager
STATE OF ILLINOIS
COUNTY OF COOK
The foregoing intro ent was acknowledged before me this day of
2014, by* i,k(Pt ?,e3 , as Manager of Swallowtail, LLC, on
behal' of said Iimited liability company. fIe is personally known to me or has produced
as identification.
447(
[SEAL] Signature of o ary ublic, to of Illinois
Print Name: 40)1- /(Jw
_..— Commission No 4 (a /
OFFICIAL SEAL Commission Expires: 'lam :2b1
HOLLY CRUZ
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES 09,2014
(043845-001:MWATT/JNLEO:01693801 DOCX;I) •
• , . ' EXHIBIT A
,
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DESCRIPTION: , • ,
ALL OF SECTION 7, TOWNSHIP 18 SOUTH, 34 EAST, AND THE WEST 1/2 OF SECTION 8, TOWNSHIP 18 SOUTH, . .. -
RANGE 34 EAST, LYING'WESTERLY OF INTERSTATE NO. 9, VOLUSIA COUNTY, FLORIDA LESS: I'
•A) WELL SITE 1 & 2 AS RECORDED IN OFFICIAL RECORDS 6001C 3224-, PAGE 461 OF THE PUBLIC RECORDS OF • • {'f
VOLUSIA COUNTY, FLORIDA. -
B) WELL SITE 3 & 4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463'OF THE PUBLIC RECORDS OF.• '
VOLUSIA COUNTY, FLORIDA. .
' -
-
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE'AT A NAIL AND DISK STAMPED "PLS 4014" MARKING THE NORTHEAST CORNER OF SECTION 7, :- •, -
TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, THENCE NORTH 89'44'51" WEST, ALONG THE
NORTH LINE OF SAID SECTION 7 AND THE SOUTH ONE OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, A
DISTANCE OF 2982.45 TO A 4" x 4" CONCRETE MONUMENT STAMPED "PLS 2027" MARKING THE SOUTH 1/4 •
CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY; THENCE NORTH 89'45'10"
WEST, THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 2982.47 -
• TO A 5/8" IRON ROD & CAP "#2599" MARKING THE NORTHWEST CORNER OF SAID SECTION 7, AND THE POINT
_ OF BEGINNING; THENCE SOUTH 01'28'07 EAST, ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF • -
5301.88 FEET TO 1/2" IRON PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE SOUTH - '
89'45'08 EAST, ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 5930.90 FEET, TO THE REMAINS
OF A CYPRESS POST MARKING THE SOUTHEAST CORNER'OF SAID SECTION 7, SAID POINT ALSO BEING THE- •
SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 18.SOUTH, RANGE 3'4 EAST; THENCE NORTH 89'31'10 EAST,. _ - •
ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 2354.57 FEET TO THE SOUTHWESTERLY RIGHT OF • .
• WAY LINE OF INTERSTATE 95 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ? i
MAP. SECTION 79002-2406; THENCE NORTH 22'11'53" WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE,. I -
A DISTANCE OF 4163.18 FEET; THENCE NORTH 31'55'32" WEST ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, -
A DISTANCE OF 1420.42 FEET; THENCE NORTH 62'03'52" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF. .
• . WAY LINE, A DISTANCE OF 149.13 FEET; THENCE NORTH 76'02'44 WEST, ALONG SAID EXISTING SOUTHWESTERLY
RIGHT OF WAY LINE, A DISTANCE OF.269.91 FEET; THENCE SOUTH 89'41'52" WEST, ALONG SAID EXISTING
SOUTHWESTERLY RIGHT-OF WAY LINE, A DISTANCE OF 749,02 FEET; THENCE NORTH 0018'08".WEST, ALONG SAID
EXISTING SOUTHWESTERLY RIGHT OF WAY LINE; A DI5TANCE OF 93.30 FEET TO A POINT ON THE NORTH LINE OF '
SAID SECTION 7; •THENCE NORTH 89'44'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OS 927.09 FEET; TO
THE NORTHEAST CORNER WELL SITE NO. 1 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE
PUBUC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO, 1 THE
FOLLOWING COURSES: THENCE SOUTH 00'15'09" WEST, A DISTANCE OF 46.00 FEET; THENCE NORTH 89'44'51"
WEST, A DISTANCE OF 40,00 FEET; THENCE NORTH 00'15'09" EAST, A DISTANCE OF 46.00 FEET TO THE NORTH' ; I
• LINE OF SAID SECTION 7 AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 1; THENCE.NORTH 89'44'51' • .
WEST, ALONG SAID NORTH LINE, A DISTANCE OF 390.30 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO. •
2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC'RECORDS OF VOLUSIA COUNTY,
' FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 2 THE FOLLOWING COURSES; THENCE SOUTH -
00'15'09"WEST, A DISTANCE OF 49.00 FEET; THENCE NORTH 89'44'51" WEST, A DISTANCE OF 40.00 FEET; •
' THENCE NORTH 0015'09" EAST, A DISTANCE OF 49.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE
NORTHWEST CORNER OF SAID WELL SITE NO. 2; THENCE NORTH 89'44'51" WEST, ALONG SAID NORTH.LINE, A . I
DISTANCE OF 516.02 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO. 3 AS RECORDED IN OFFICIAL
RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE i ,
LIMITS OF SAID WELL SITE NO. 3 THE FOLLOWING COURSES; THENCE SOUTH 0015'09"WEST, A DISTANCE OF•
48.00 FEET; THENCE NORTH 89'44'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00715'09" EAST, A .
DISTANCE OF 48.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL f •
• SITE NO. 3; THENCE NORTH 89'44'51" WEST, ALONG SAID NORTH LINE,.A DISTANCE OF`18.16 FEET TO A 4" x 4"
CONCRETE MONUMENT MARKING THE SOUTH 1./4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, III!
VOLUSIA COUNTY, FLORIDA; THENCE NORTH 89'45'10" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A .
DISTANCE OF 417.17 FEET TO THE NORTHEAST CORNER OF WELL SITE.NO. 4 AS RECORDED IN OFFICIAL RECORDS
BOOK 3224, PAGE 463, OF THE PUBUC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF .
SAID WELL SITE NO, 4 THE FOLLOWING COURSES; THENCE SOUTH 00'14'50"WEST, A DISTANCE OF 50.00 FEET;
THENCE NORTH 89'45'10" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00'14'50" EAST, A DISTANCE OF.
50.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 4; '
- -THENCE NORTH 89'45'10" WEST ALONG SAID NORTH LINE OF SAID SECTION 7, A DISTANCE OF 2525,30 TO THE
POINT OF BEGINNING. '
•
•
•
i S 0
0
D(ISTING 10"SANITARY SEWER FORCE MAIN
OPOSSUM CAMP ROAD M•—r ` CR 442 p GRAPHIC SCALE _
iIsa 300 600 900
50.l,I-.3o0.
1 PHASE 1 BOUNDARY
(104.52 ACRES) g
L7 2
r
i
4 4
1 .
\
1} \ \
iY \ EXISTING 8%6'BOX CULVERT
i �' ,, EXISTING 12 WATER.MAIN i.
t
TOTAL PROPERTY
H (Includes. Conceptual Phase 1 Acreage) �\ y dZ
877.50 ACRES ,` \
7/ 1
....- - - .\\
\ i! gt-
Od ;:
1-1 zI
z
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ijt%-Ewn&i
EXHIBIT 5
District Facilities and Services
Facility Ownership and Funded By,
Maintenance
Earthwork CDD CDD
Grading and Paving CDD CDD
Stormwater System CDD CDD
Sanitary Sewer CITY CDD
Potable Water CITY CDD
Reuse System CITY CDD
SR 442 Median Landscaping CDD CDD
Entry Feature Ponds,Landscape and Signage CDD CDD
Onsite Roadway Median Landscaping CDD CDD
Underground Electric CDD CDD
Miscellaneous(i.e.,staking,as built surveys,testing) CDD CDD
Contingency,Legal,Engineering CDD CDD
SR 442 Improvements CDD CDD
• Summary of Estimated Public Infrastructure Costs
Infrastructure Category Cost Estimate
Earthwork $1,253,496.60
Grading and Paving 773,119.10
Stormwater System 515,770.00
Sanitary Sewer 244,400.00
Potable Water 268,379.00
Reuse System 154,019.00
SR 442 Median Landscaping 75,000.00
Entry Feature Ponds, Landscape and Signage 250,000.00
Onsite Roadway Median Landscaping 81,900.00
Underground Electric 175,000.00
Miscellaneous(i.e., staking,as built surveys,testing) 80,922.00
Contingency,Legal,Engineering 1,653,162.24
SR 442 Improvements 193,661.28
TOTAL $7,357,364.32
•
{043845-001:MWATT/INLEO:01695882.DOCX;2}
DEERING PARK-PHASE 1
ENGINEERING COST ESTIMATE
7-28-2014
ii:E1,41 1 DESCRIPTION EST. QTY. UNITS UNIT COST ' 'TOTAL COST
si'
44.44,44._
EARTHwoRK .._.1 4 .,
.44 4 _..44
4,. !Clearing and grubbing 2,) 50 AC- I 09$0000 1 $191,75000 I
2 I Excavate pond areas 2.43.919.00 C_IY 1 $275 $670,777.25
isfte grading
1 IS $250,000,00 $25000000
00
, •
4 !Sod retalltior area I 36,680.00 SY , 1525 . 582,530,00•1 5 SA RAN and sIdeslopes 1 17,511.00 SY I $)25 $39399.75
I 3 I fIIIilt Fence 12,533.00 1215 $1,20 Slf..),039,00
7 1,:.;c,1 Tracking Area 1 LS $4,000.00 I $4,200,00
I !SUBTOTAL-BARTIIWORK 7 $1,293,498.60
I :
'1I. 1GRADING AND PAVING
--I I
i
. 1-117'Asphalt ' 25030.00 SY $3 20 I $200,240,00
1 2 8"Linierock 25,030.00 SY I 311 77 ' $294,603.10
I 3 12"Stabilized Subgrade 25,030.00 50` 1 $2.50 $62,575,00,
I 4 24"Type F Curb 11.330,00 LI __:I $13 00 $147,290,00'
5 12"Median Curb 1-1 0 901,00 EP 1 $11 00 $64,911,00
l'1-1111- -1!
6 Striping and Signage ijS I 52 000 53,500.00
I 7 5'Wide Sidewalks 2 533.00 SY $25.00 $63,325 Oaf
1 2_
8 i6 We SHo$,'alks
9 IL4oad enc
4 117.00 SY 575 00 5102,800.00
barracade
2.00 EA 1 $1,500.00 s3,500.00
SUBTOTAL. GRADING AND PAVING I
-,----
, - - $773,119.10 ,
„I
i i i
III
--- ,* 1-. 17
ill, ISTORMDRAINAGE, ,
1
t 1
1 ,,,, r,,,,,i,, 1 2 454,00 12F S$4.00 $83,436,00
,...
2 118"f2',OP i 0.00 LF 530.00 $0.00
I , 3 24"RCP 871.00 LO $44.00 538,324.00
......._
4 130"RCP 1 1609.00 II $52.00 $83,668.00
B-
1 0 148"R2 i
12 1,383.00 LO $74.00 $102,342.00
1- I _
G I lb" MES 5.00 EA $1,200,00 $6,000.00
i +
7 110"MES 0,00 EA $1,600.00 $0.00 '
,
i, 5 124' MES 1 0.00 FA $1,900.00 $0.00
I 9 .30"ME'S, -11- 5.00 EA $2,300.00 511,500.00
F 10 48"MES 8.00 EA $3,300.00 $26,400.00
I- 7
11 Type 4 Inlets 27.00 EA 1 $4,.700.00 $176,900 00
12 Boxes 4.00 EA 1 $3,800.00 $15,200.00
13 Outflow Structure 4.00 EA 1 $5,500.00 $22,000.00
& 14 Storm drain plug 8.00 FA $5000 ' $4,000.00
$515,770.00
i.
Mark Dolvst & Associates, The.
ENGINEERS fa PLANNERS • SURVEYORS
Phont"(386)258 7999 • www.nlAeligtoth
53ti N.I f atiraff Me.,Suitt it too.Daytona Bch,ft
1 of 3
III
s..
, 1
1
i
• DEERING PARK- PHASE 1
ENGINEERING COST ESTIMATE
7-28-2014
IV, .SANITARY SEWER
III\lc ((0-0:_,(4)
'2 18" PVC Suwe r 1,503,00 IF L $15,00 $22,545.00
4.258.00 I t I $35.00 I 0149,030,00
3 10 PVC Sewer i 418.00 LE I 3000 $16,720.00,
4 Standard Mantioles I 18 00 CA li iii:-.i3,500.00 $63,000.004
Connect to existing FM
,
0 “,:r Pit;r;
1 HA $2 EA $500.00 i Ui..ii.0U ,..,,Z 700 00•
'I , . .
$500,00
2 EA $800.00 $1,600.00 .
S11$0,11011'1, ,13•1e I 31 FA $350.00 $10,850.00
. , 1
11., 10.10$4....•er 1--8,iiiirgau Station 1 1 L, 1 $150,000.00 $150,000.00
it3tB1OT Al_-SANrI1ARY SEWEtt•t . _I_ 1 $244,400.00
•
--1. .
V, IPO3AE$114.E,WATER
1
_ 4 ,
gu
ru I-Iydrarq 12' Asserably 10 00 $4,000.00 ¶40,000.00
Cate Valves 0,00 Fit $825.00 $0.00
Cate Valves 000 EA $1,100.00 I $0.00
.. - . -i
Valves 3.00 EA '$1,500,00 $4500.00
0 12"Gate valves i
i 10001 EA $2,400.00 , $24,000.00
(t... •-,.•PVC 0 00 LF $12.00 $0.00
I7 6"PVC (C-900s; 0.001 t.f$ i 5.115.0f)
0 i 76 8"PVC f,C-900) ..
2,372.00 E. 3.18.00 $42,696.00
0, , - . ., 4,
I 9 Connect to 12"PVC uxisting watermain 1,00 ../... i 1,A200,00 $1,200,00
Ic iF'cvaterrnain
i
, „„552,00 , ,, ,,,,00 ';-,132 008.00
11 Plug
- -----
31,00 FA $300.00 $9,300.00
12 8"Plug
0 EA $400.00 $0.00
1 -
13 12"Pluo 3.00 Et, $500.00 $1 500 00
14 61Sitlqie SenActo I 31.00 EA $425.00 $13,175.00
1
I 15 2"Blow off 0.00 EA $625.00 $0.00 .
I - '----1-- SUBTOTAL-POTABLE WATER .1. $268,379.00 •
! i
....._____ _
vi., IRELJSE.S'YSTEM
.4,
1 1
... 1 2" Cute valves
2 147 Gate valves i 0 00 FA $825.00 $0.00
3 001 EA $975,00 $2,925.00
- 8'Guts valves 10.00 NA 51,500,00 $15,000,00
..................._____,
• ..,t 8"PVC (0-900) 4,552.00 IF 1 $18.00 t $81,936.00
5 4"PVC (0-900) I 2,372.00 LF 11. $14.00 I $33,208,00
6 2"PVC 0.00 L- $12.00
_.1 $0 00
---
7 4"Plug 1 1 0,00 FA $300.00 $0,00'
8 12"Blow off 1 3.00 EA $525.00 $1,575.00
---t- tt
9 2" Single Service I 31.00 EA $625 00 $19,375.00,
SUBTOTAL-REUSE SYSTEM
t ,
$154 019 00
, ,
Mark.1)olvst & Associates, Inc.
•
410 ENCRETEEIRS
• PLANNERS • StiRVEY014S
Phone(3u0)258 7999 , iriviv3tidaeng.ton)
ilif,N.novo A,e.,suite#100.Daytona lich,FL
2 of 3
r
I
DEERING PARK-PHASE 1
ENGINEERING COST ESTIMATE
7-28-2014
VII SR 442'MEDIAN LANDSCAPING
Landscaping &irrigation I I • l I $75,T}, ,0ir•
ISUBT OrAL SU 442 iM1I LIAP I NDSr PING . ( $75,000,00
4
!iii. IFNTR3 FEATURE PONDS, LANDSCAPE AND SI0 NAGE
rF ATURE I't N ,,
S I I. ?50,000 t
A P fi F AND C N E
1 1
ISUBTOIAL EN151,. . FEATDEIE PONDS, LANDSCAPE c AND SIDNAGE $250,800O Q
X. IONSl I E ROADVVA1' Mt DiAP LAN',. /GAPING I 1
.
I: w, i F tr s 2 73(7.1 t $20:00 , ; ,t St 00
2 t /3c.001 LE 1 $110.00 327 300.00 -.
IS;JFi 1011 t ONSI`I E ROADWAY I`MEDJAN LANDSCAPING '$81,900.00
---FUNDERGRC?I1t D ELECTRIC
1 Feeder Street.Lights (Basic) 1 ` -. '.00.00
jiSUC1 OTAE_-UNDERGROUND ELECTRIC $1/5,000.00
1 Cnristruction St.,king 1 LS $100,000.00 $50,500.00
2 As Suit Surveys 1 LS $40,000.00 $19,300.00
3 Testing 1 LS $25,000.02 1 $11,122 00
lii
SUBTO1 Al MISC. 1 $80,921 1 C3
t O Tai_: , $5,510,510.00
CON 1 iNGENEY,L EGAL, Cat Nf'ERIN I 30%1 _..I_ $1,653,162.24
1
TOTAL $7,163,703.04
Note: Excludes 442 improvements with the exception of median landscaping and irrigation.
Mark Doxvst & Associates, Inc,
ENGINEERS • PLANNERS • SURVEYORS
1
phone(386)25B 7999 • www andaeng.caln
VIG N.irafill AFC.,5tiha it WO.tia}ena Ndh,ft,
3 of 3
• 6/16/2014
ENGINEER'S ESTIMATE OF PROBABLE COST(EOPC)-
Concept C
FIN: County: Volusia
Project: Miami Corp/Deering Park Center FAP No.:
Description: Access Evaluation
PAY ITEM TOTAL UNIT TOTAL
NUMBER PAY ITEM DESCRIPTION QTY MEASURE UNIT PRICE PRICE
101-1 MOBILIZATION 1 LS $12,304.05 $12,304.05
102.1 MAINTENANCE OF TRAFFIC 1 LS $11,185.50 $11,185.50
0104-10-3 SEDIMENT BARRIER 590 IF $1.01 $595.90
0104-12 STAKED TURBIDITY BARRIER-NYLON REINFORCED PVC 0 IF $5.03 $0.00
0104-15 SOIL TRACKING PREVENTION DEVICE 0 EA $1,879.93 $0.00
0110-1-1 CLEARING AND GRUBBING 1.08 AC $11,687.51 $12,602.87
0120-1 REGULAR EXCAVATION 1179.07 CY $5.49 $6,473.08
0120-6 EMBANKMENT 393.02 CY $8.47 $3,328.90
0160-4 TYPE B STABILIZATION 1338.92 SY $3.57 $4,779.94
285-7-04 OPTIONAL BASE,BASE GROUP 04 0 SY $9.37 $0.00
285-7-09 OPTIONAL BASE,BASE GROUP 09 980.54 SY $15.50 $15,198.31
0334-1-23 SUPERPAVEASPH CONC,TRAFFIC C PG 76-22,PMA 147.33 TN $91.49 $13,478.93
0337-7-22 ASPHALT CONCRETE FRICTION COURSE,INC BIT.FC-5,PG 76.22,PMA 32.41 TN $125.98 $4,083.25
0400-2-2 CONCRETE CLASS II,ENDWALLS 0 CY $1,322.03 $0.00
0425-1541 INLETS,DT BOT,TYPE D,<10' 0 EA $2,729.68 $0.00
0425-2-71 MANHOLES,J-7,<10' 0 EA $5,576.14 $0.00
430-173-124 PIPE CULVERT OPTIONAL MATERIAL,ROUND,24",GUTTER DRAIN 0 IF $78.69 $0.00
430-175-130 PIPE CULVERT,OPT MATERIAL,ROUND,30"S/CD 0 LF $77.17 $0.00
430-175-142 PIPE CULVERT,OPT MATERIAL.ROUND,42"S/CD 60 LF $118.30 $7,098.00
• 430-175-160 PIPE CULVERT,OPT MATERIAL,ROUND,60"S/CD 0 LF $175.41 $0.00
430 962-136 MITERED END SECTION,OPTIONAL RD,36"CD 2 EA $1,924.00 $3,848.00
520-1-10 CONCRETE CURB&GUTTER,TYPE F 126 LF $175.41
$2,240.28
0700-1-11 SINGLE POST SIGN,F&I GROUND MOUNT,UP TO 12SF i AS $264.54 $264.54 3
0700-1-12 SINGLE POST SIGN,F&I GROUND MOUNT,12-20SF 0 AS $264.54 $0.00
700-1-60 SINGLE POST SIGN,REMOVE 1 AS $16.47 $18.47
0700-2-11 MULTI-POST SIGN,F&I GROUND MOUNT,UP TO 12SF 1 AS $3,230.31 $3,230.31
0706-3 RETRO-REFLECTIVE PAVEMENT MARKERS 4 EA $3.13 $12.52
0710-11-111 PAINTED PAVEMENT MARKINGS,STANDARD,WHITE SOLID,6" 498 LF $0.29 $144.42
0710-11-170 PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,ARROW 4 EA $43.00 $154.80
0710-11-211 PAINTED PAVEMENT MARKINGS,STANDARD,YELLOW,SOLID,6" 1494 LF $0.35 $522.90
0710-11-211 PAINTED PAVEMENT MARKINGS,STANDARD,YELLOW,SOLID,8" 66 LF $0.35 $23.10
0710-11-124 PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,SOLID,24" 0 LF $1.24 $0.00
.
630-2-11 CONDUIT,F&I,OPEN TRENCH 690 LF $5,41 $3,732.90
630-2-12 CONDUIT,F&I,DIRECTIONAL BORE 100 IF $14.77 $1,477.00
635-2-11 PULL&SPLICE BOX,F&I,13"X 24"COVER SIZE 7 EA $494.73 $3,463.11
715-1-13 LIGHTING CONDUCTORS,F&I,INSULATED,NO.4 TO NO,2 2370 IF $2.02 $4,787.40
715-4-121 LIGHT POLE COMPLETE,F&I,WIND SPEED 130,POLE HEIGHT 40' 4 EA $3,366.95 $13,467.80
715-7-12 LOAD CENTER,F&I,PRIMARY VOLTAGE 1 EA $6,828.30 $6,828.30
999-25 'INITIAL CONTINGENCY AMOUNT(DO NOT BID) I I LS I 15°4 $20,301.69
ConstrucNan Subtotal:I$155,646.28
N/A 'PRELIMINARY ENGINEERING I ! LS I I $38,015.00
Grand Total:'$193,661.28
410
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• • •
EXHIBIT 8
S
DFJ- RING PARK CFNThR
COMMUNITY DEVELOPMENT DISTRICT
Statement
of
Estimated Regulatory Costs
•
August 6,2014
W H'
,fir .�.fi SflCHATFS
Provided by
Wrathell,Hunt and Associates,LLC
6131 Lyons Road,Suite 100
Coconut Creek,FL 33073
Telephone:(954)426-2105
Facsimile: (954)426-2147
\Vebsite: www.whhassociates.com
S
Deering Park Center CDD SERC vl
STATEMENT OF ESTIMATED REGULATORY COSTS 411
1.0 introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the.
Deering Park Center Community Development District ("District"). The proposed District will
comprise approximately 900 +1- acres of land located within the City of Edgewater, Volusia
County, Florida (the"City") and is projected to be a mix-use community with approximately 1,362
residential dwelling units and approximately 1.5 million sq. ft of non-residential uses. The
limitations on the scope of this SERC are explicitly set out 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 Deering Park Center Community Development District
The District is designed to provide public infrastructure,services,and facilities along with operations
and maintenance of same to a master planned residential development currently anticipated to
contain a total of approximately 1,362 residential dwelling units and approximately 1.5 million sq. ft.
of non-residential uses,all within the boundaries of the District.
A Community Development District ("CDD") is an independent unit of special purpose local
government authorized by Chapter 190, F.S., to plan, finance, construct, operate and maintain
community-wide infrastructure in large, planned community developments. CDDs provide a
"solution to the state's planning, management and financing needs for delivery of capital
infrastructure to service projected growth without overburdening other governments and their
taxpayers."Section 190,002(1)(a),F.S.
A CDD is not a substitute for the local,general purpose government unit,i.e.,the 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,construction, operating
and maintaining community infrastructure for developments,such as Deering Park Center.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2),F.S. (2014), defines the elements a statement of estimated regulatory costs must
contain:
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(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 axregate 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" arc 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 riot to implement alternatives that would
reduce adverse impacts on small businesses. (City of Edgewater with Census 2010 population of
20,750 is not defined as a small City 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.
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;
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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$1million
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 anticipated to not 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 sole reason for the establishment of the District is to provide public facilities and services to
support the development of a new,master-planned residential community. The development of the
900 +/- acre parcel will promote local economic activity, create local value, lead to local private
sector investment and is likely,at least in the short term, to support local private sector employment
and/or lead to local new job creation.
Establishment of the District will allow it 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 for private use. The provision of District's infrastructure and the subsequent development
of the private land will generate private economic activity, private economic growth, private
investment and employment, and job creation. The District will use proceeds of indebtedness to
fund construction of public infrastructure, which will be constructed by private firms, and once
constructed, will use private firms to operate and maintain such infrastructure/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 1,362 residential dwelling units and approximately 1.5 million sq. ft.of non-residential
uses, 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 private sector alone, the fact that the
establishment of the District is initiated by the private landowner means that such the private
landowner, who is also the developer of the site, considers the establishment and continued
operation of the District as beneficial to the process of land development, which in turn will lead
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directly or indirectly to the economic growth,likely private sector job and/or support private sector •
employment,and private sector investments.
22 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 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, one has to compare these factors in the presence and in the
absence of the District in the community. 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 community
without the District. Similarly 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 under a "lowest responsive/responsible bid" method, 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 community 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 by virtue that the
District will be one of many already existing similar districts within the State. As described in more
detail in Section 4, the proposed District will pay a one-time filing fee to the City to offset any
expenses that the City may incur in the processing of this 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 the likelihood of additional
transaction costs, and all initial prospective buyers must have such additional transaction costs
disclosed to them prior to sale, as required by State law, such increases should be considered
voluntary,self-imposed,and as a tradeoff for the services and facilities provided by the District. As
to the anticipated amount of the transactional costs in the aggregate within 5 years, they are
anticipated to not exceed$10,000,000.
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3.0 A good faith estimate of the number of individuals and entities likely to be required
to comply with the rule,together with a general description of the types of individuals likely
to be affected by the ordinance.
The proposed District will serve land that comprises an approximately 900 +/-acre master planned
residential development currently planned to contain approximately 1,362 residential dwelling units
and approximately 1.5 million sq. ft. of non-residential uses, although the development plan can
change. Assuming an average density of 2.5 persons per residential dwelling unit, the estimated
population of the proposed District at build out will be approximately 3,405 +/- and all of these
residents as well as the residential landowners within the District (which may be the same as the
residents)as well as approximately 100 non-residential landowners will be affected by the ordinance.
The City, 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.
There is no state agency promulgating any rule relating to this project and there is no anticipated
effect of the ordinance establishing the District 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 enforcing responsibilities of any other government entity,but
there will be various implementing responsibilities which are identified with their costs herein,
State Governmental Entities
There will be only modest costs to various State governmental entities to implement and enforce the
proposed establishment of the District. The District as established on the proposed land, will
encompass under 1,000 acres, therefore, the City of Edgewater is the establishing entity under
190.005(2),F.S. The modest 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 very small,because the
District is only one of many governmental units that are required to submit the various reports.
Therefore, the marginal cost of processing one additional set of reports is inconsequential.
Additionally, pursuant to section 189.412, F.S., the District must pay an annual fee to the State of
Florida Department of Economic,Opportunity which offsets such costs.
City of Edgewater.Florida
The proposed land for the District is located within the City of Edgewater,Volusia County,Florida
and consists of less than 1,000 acres, The City and its staff may process, analyze, conduct a public
hearing, and vote upon the petition to establish the District. These activities will absorb some
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resources, however, these costs incurred by the City 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 much of the information needed for a staff review. Third, the City
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 City may incur in the processing of this
petition. Finally, the City 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 City, 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 City faces are the
minimal costs of receiving and reviewing the various reports that the District is required to provide
to the City,or any monitoring expenses the City 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.
• In this regard it is important to note that an debt obligations incurred by the District to construct
g p y � y
its infrastructure, or for any other reason, are not debts of the State of Florida or any other local
government. In accordance.with State 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 estimates of the Phase 1 of the capital facilities outlined in Table 1. Costs
associated with additional phases would be adopted as part of the District's Capital Improvement
Program. Total costs for those facilities,which may be provided,are estimated to be approximately
$7,357,364.32. District may levy non-ad valorem special assessment(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 properties in the District that may benefit
from the District's infrastructure program as outlined in Table 2.
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Table 1
DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT
Proposed Facilities and Services
FACILITY FUNDED MAINTAINED OWNERSHIP
Earthwork CDD CDD CDD
Grading and Paving CDD CDD CDD
Stormwater System CDD CDD CDD
Sanitary Sewer CDD City City
Potable Water CDD City City
Reuse System CDD City City
SR 442 Median Landscaping CDD CDI) CDD
Entry Feature Ponds,Landscape and CDD CDD CDD
Signage
Onsite Roadway Median CDD CDD CDD
Landscaping
Underground Electric CDD CDD CDD
SR 442 Improvements CDD CDD CDD
Table 2
DEERING PARK CENTER COMMUNITY DEVELOPMENT DISTRICT
Estimated Costs of Construction
CATEGORY
COST
Earthwork $1,253,496.60
Grading and Paving $773,119.10
Stormwater System $515,770.00
Sanitary Sewer $244,400.00
Potable Water $268,379.00
Reuse System $154,019.00
SR 442 Median Landscaping $75,000.00
Entry Feature Ponds,Landscape and Signage $250,000.00
Onsite Roadway Median Landscaping $81,900.00
Underground Electric $175,000.00
Miscellaneous (i.e.,staking,as built surveys,testing) $80,922.00
Contingency,Legal,Engineering $1,653,162.24
SR 442 Improvements $193,661.28
Total Estimated Project Costs $7,357,364.32
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• Prospective future landowners in the development may be required to pay non-ad valorem 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, locating in the District by new
residents is completely voluntary,so,ultimately,all owners and users of the affected property choose
to accept the non-ad valorem assessments as a tradeoff for the services and facilities that the District
will provide. In addition, state law requires all assessments levied by the District to be disclosed by
the initial seller to all prospective purchasers of property within the District.
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, City or its dependent districts, or City 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.
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 counties,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 community services will be completed
concurrently with development of lands within the development. This satisfies the revised growth
management legislation, and it assures that growth pays for itself without undue burden on other
consumers. Establishment of the District will ensure that these landowners pay for the provision of
facilities,services and improvements to these lands.
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Third,.a CDD is the sole form of local governance which is specifically established to provide
District landowners with planning, construction, implementation and short and long-term
maintenance of community infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the development is not the total cost for the District
to provide infrastructure services and facilities. Instead, it is the incremental costs above, if
applicable,what the landowners would have paid to install infrastructure via an alternative financing
mechanism,
Consequently, a Community Development District 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
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. This affords small businesses the
opportunity to bid on District work.
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City of Edgewater has a population of 20,750 according to the Census 2010 conducted by the
United States Census Bureau and is therefore not defined as a "small" city 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 Deering Park Center Community Development
District is the best possible alternative to provide community facilities and services to the project,
there are several additional factors which bear importance. As an alternative to the independent
CDD, the City could establish a dependent Special 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 Special District is not the best alternative for
providing community facilities and services to the Deering Park Center Community. First,unlike a
CDD, this alternative would require the City 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
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of the size and complexity of the development program anticipated for the Deering Park Center
Community 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
City responsibilities. By contrast, if the City were to establish and administer a dependent Special
District,then the residents and landowners of the Deering Park Center Community would take their
grievances and desires to the City Council 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 City-established,dependent Special District is not strictly the City's
responsibility,any financial problems that a dependant Special District may have may reflect on the
City. This will not be the case if a Community Development District 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 community 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 markets. Second,as a government entity a CDD can impose and collect
its assessments along with other property taxes on the Volusia County 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.
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 Deering Park Center Community Development District.
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APPENDIX A
LIST OF REPORTING REQUIREMENTS
FL. STATUE
REPORT CITATION DATE
Annual
Financial
Audit 190.008/218.39 9 months after end of Fiscal Year
Annual
Financial 45 days after the completion of the Annual Financial Audit but
Report 190.008/218.32 no more than 9 months after end of Fiscal Year
TRIM
Compliance no later than 30 days following the adoption of the property tax
Report 200.068 levy ordinance/resolution(if levying property taxes)
within 30 days of accepting the appointment, then every year
Form 1 - thereafter by 7/1 (by "local officers" appointed to special
Statement of district's board); during the qualifying period, then every year
Financial thereafter by 7/1 (by "local officers" elected to special district's
Interest — 112.3145 board)
within one year of special district's creation;then annual notice
Public of any changes; and updated report every 5 years, 12 months
Facilities prior to submission of local government's evaluation and
Report 189.415 appraisal report
Public
Meetings
Schedule 189.417 quarterly,semiannually,or annually
Bond
Report 218.38 when issued;within 120 days after delivery of bonds
Registered
Agent 189.416 within 30 days after first meeting of governing board
Proposed
Budget 189.418 prior to end of current fiscal year
Public
Depositor
Report 280.17 annually by November 30
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EXHIBIT 9
AUTHORIZATION OF AGENT
I, Pa 8R-6(1( 6&j i N(r, as Manager of Swallowtail, LLC., a Delaware limited
liability company, on behalf of the company hereby designate Glenn D. Storch, to act as agent
for Swallowtail,LLC with regard to any and all matters pertaining to the Petition to establish the
Deering Park Center Community Development District pursuant to Fla. Stat. §190. This
authorization shall remain in effect until revoked in writing.
By: SWALLOWTAIL,LLC
a Delaware limited liability company
By:
rint Name: g A,k.FStA(* l, *.-1lUL,--
Title: Manager
Date: AA-7.4r -4) d-6111'
STATE OF ILLINOIS
• COUNTY OF COOK
The foregoing instrum nt was ac owledged before me this 7 day of
, 2014, by ' .(kf A t' (+ , on behalf of and in his capacity
as lvfager of Swallowtail, LLC. Ij is personally known to me or has produced
as identification.
Al A it
[SEAL] Signature of . . 'ub ' tate of Illinois
Print Name: ink.
Commission No.: r 0
Commission Expires: 1,1_ 0/
OFFICIAL SEAL
HOLLY CRUZ
NOTARY PUBLIC•STATE OF ILLINOIS
MY COMMISSION EXPIRES 092014
•
(043845-001:MWATT/1NLE0:01693850.bOCX;1)
ATTACHMENT NO. 1
Fla.Stat.§ 190.011 General Powers.
The district shall have,and the board may exercise,the following powers:
(1) To sue and be sued in the name of the district;to adopt and use a seal and authorize the
use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dispose of,
real and personal property, or any estate therein; and to make and execute contracts and other
instruments necessary or convenient to the exercise of its powers.
(2) To apply for coverage of its employees under the state retirement system in the same
manner as if such employees were state employees, subject to necessary action by the district to
pay employer contributions into the state retirement fund.
(3) To contract for the services of consultants to perform planning, engineering, legal, or
other appropriate services of a professional nature. Such contracts shall be subject to public
bidding or competitive negotiation requirements as set forth in s. 190.033.
(4) To borrow money and accept gifts;to apply for and use grants or loans of money or other
property from the United States, the state, a unit of local government, or any person for any
district purposes and enter into agreements required in connection therewith; and to hold, use,
and dispose of such moneys or property for any district purposes in accordance with the terms of
the gift,grant,loan,or agreement relating thereto.
(5) To adopt rules and orders pursuant to the provisions of chapter 120 prescribing the
powers, duties, and functions of the officers of the district; the conduct of the business of the
district;the maintenance of records;and the form of certificates evidencing tax liens and all other
documents and records of the district. The board may also adopt administrative rules with respect
to any of the projects of the district and define the area to be included therein. The board may
also adopt resolutions which may be necessary for the conduct of district business.
(6) To maintain an office at such place or places as it may designate within a county in which
the district is located or within the boundaries of a development of regional impact or a Florida
Quality Development, or a combination of a development of regional impact and a Florida
Quality Development, which includes the district, which office must be reasonably accessible to
the landowners. Meetings pursuant to s. 189.417(3) of a district within the boundaries of a
development of regional impact or Florida Quality Development, or a combination of a
development of regional impact and a Florida Quality Development,may be held at such office.
(7) (a) To hold,control,and acquire by donation,purchase,or condemnation, or dispose
of any public easements, dedications to public use, platted reservations for public purposes,or
any reservations for those purposes authorized by this act and to make use of such easements,
dedications,or reservations for any of the purposes authorized by this act.
(043845.001:MWATI1JNLEO:01691923:DOCx;3)
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(b) When real property in the district is owned by a governmental entity and subject
to a ground lease as described in s. 190,003(14),to collect ground rent from landowners pursuant
to a contract with such governmental entity and to contract with the county tax collector for
collection of such ground rent using the procedures authorized in s. 197.3631, other than the
procedures contained in s. 1973632.
(8) To lease as lessor or lessee to or from any person,firm,corporation, association,or body,
public or private, any projects of the type that the district is authorized to undertake and facilities
or property of any nature for the use of the district to carry out any of the purposes authorized by 3'
this act.
(9) To borrow money and issue bonds, certificates, warrants, notes, or other evidence of
indebtedness as hereinafter provided; to levy such tax and special assessments as may be
authorized;and to charge,collect, and enforce fees and other user charges.
(10)To raise,by user charges or fees authorized by resolution of the board,amounts of money
which are necessary for the conduct of the district activities and services and to enforce their
receipt and collection in the manner prescribed by resolution not inconsistent with law.
(11)To exercise within the district, or beyond the district with prior approval by resolution of
the governing body of the county if the taking will occur in an unincorporated area or with prior
approval by resolution of the governing body of the municipality if the taking will occur within a
• municipality, the right and power of eminent domain, pursuant to the provisions of chapters 73
and 74,over any property within the state, except municipal, county, state, and federal property,
for the uses and purposes of the district relating solely to water, sewer, district roads, and water
management,specifically including, without limitation,the power for the taking of easements for
the drainage of the land of one person over and through the land of another.
12) To cooperate with, or contract with, other governmental agencies encies as may be necessary,
,
( ) 1� � , g g y
convenient, incidental, or proper in connection with any of the powers, duties, or purposes
authorized by this act.
(13) To assess and impose upon lands in the district ad valorem taxes as provided by this act.
(14)To determine, order, levy, impose, collect, and enforce special assessments pursuant to.
this act and chapter 170. Such special assessments may, in the discretion of the district, be
collected and enforced pursuant to the provisions of ss. 197.3631, 197.3632, and 197.3635,
chapter 170,or chapter 173.
(15) To exercise all of the powers necessary, convenient, incidental, or proper in connection
with any of the powers, duties,or purposes authorized by this act.
(16) To exercise such special powers as may be authorized by this act.
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Fla. Stat. § 190.012 Special powers;public improvements and community facilities.
The district shall have, and the board may exercise, subject to the regulatory jurisdiction and
permitting authority of all applicable governmental bodies, agencies, and special districts having
authority with respect to any area included therein, any or all of the following special powers
relating to public improvements and community facilities authorized by this act:
(1) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend,
equip,operate,and maintain systems,facilities,and basic infrastructures for the following:
(a) Water management and control for the lands within the district and to connect
some or any of such facilities with roads and bridges.
(b) Water supply,sewer, and wastewater management, reclamation, and reuse or any
combination thereof, and to construct and operate connecting intercepting or outlet
sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and
under any street, alley, highway, or other public place or ways, and to dispose of any
effluent,residue,or other byproducts of such system or sewer system.
(c) Bridges or culverts that may be needed across any drain, ditch, canal, floodway,
holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over
levees and embankments, and to construct any and all of such works and improvements
across,through,or over any public right-of-way,highway,grade,fill,or cut.
(d) 1. District roads equal to or exceeding the applicable specifications of the county
in which such district roads are located; roads and improvements to existing
public roads that are owned by or conveyed to the local general-purpose
government, the state, or the Federal Government; street lights; alleys;
landscaping; hardscaping; and the undergrounding of electric utility lines.
Districts may request the underground placement of utility lines by the local retail
electric utility provider in accordance with the utility's tariff on file with the
Public Service Commission and may finance the required contribution.
2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking
improvements,and related signage.
(e) Investigation and remediation costs associated with the cleanup of actual or
perceived environmental contamination within the district under the supervision or
direction of a competent governmental authority unless the covered costs benefit any
person who is a landowner within the district and who caused or contributed to the
contamination.
(f) Conservation areas, mitigation areas, and wildlife habitat, including the
maintenance of any plant or animal species, and any related interest in real or personal
property.
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•
(g) Any other project within or without the boundaries of a district when a local
government issued a development order pursuant to s.380.06 or s, 380.061 approving or
expressly requiring the construction or funding of the project by the district, or when the
project is the subject of an agreement between the district and a governmental entity and
is consistent with the local government comprehensive plan of the local government
within which the project is to be located.
1
(h) Any other project, facility, or service required by a development approval,
interlocal agreement,zoning condition,or permit issued by a governmental authority with
jurisdiction in the district.
(2) After the local general-purpose government within the jurisdiction of which a power {
specified in this subsection is to be exercised consents to the exercise of such power by the
district, the district shall have the power to plan, establish, acquire, construct or reconstruct,
enlarge or extend,equip,operate,and maintain additional systems and facilities for:
(a) Parks and facilities for indoor and outdoor recreational, cultural, and educational
uses.
(b) Fire prevention and control, including fire stations, water mains and plugs, fire
trucks,and other vehicles and equipment.
Ill (c) School buildings and related structures and site improvements, which may be
leased, sold, or donated to the school district, for use in the educational system when.
authorized by the district school board.
(d) Security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental
agencies; except that the district may not exercise any police power, but may contract
with the appropriate local general-purpose government agencies for an increased level of
such services within the district boundaries.
(e) Control and elimination of mosquitoes and other arthropods of public health
importance.
(f) Waste collection and disposal.
(3) To adopt and enforce appropriate rules following the procedures of chapter 120, in
connection with the provision of one or more services through its systems and facilities.
(4) (a)To adopt rules necessary for the district to enforce certain deed restrictions pertaining
to the use and operation of real property within the district and outside the district
pursuant town interlocal agreement under chapter 163 if within another district or, if not
within another district, with the consent of the county or municipality in which the deed
restriction enforcement is proposed to occur. For the purpose of this subsection,the term
•
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"deed restrictions" means those covenants, conditions, restrictions, compliance
mechanisms, and enforcement remedies contained in any applicable declarations of
covenants and restrictions that govern the use and operation of real property and, for
which covenants, conditions, and restrictions, there is no homeowners' association or
property owner's association having respective enforcement powers unless, with respect
to a homeowners' association whose board is under member control, the association and
the district agree in writing to enforcement by the district. The district may adopt by rule
all or certain portions of the deed restrictions that:
1. Relate to limitations, prohibitions, compliance mechanisms, or enforcement
remedies that apply only to external appearances or uses and are deemed by the
district to be generally beneficial for the district's landowners and for which
enforcement by the district is appropriate, as determined by the district's board of
supervisors; or
2. Are consistent with the requirements of a development order or regulatory
agency permit.
(b) The board may vote to adopt such rules only when all of the following conditions
exist:
1. The district was in existence on the effective date of this subsection, or is
located within a development that consists of multiple developments of regional
impact and a Florida Quality Development.
2. For residential districts,the majority of the board has been elected by qualified
electors pursuant to the provisions of s. 190.006.
3. For residential districts, less than 25 percent of residential units are in a
homeowners' association.
4. The declarant in any applicable declarations of covenants and restrictions has
provided the board with a written agreement that such rules may be adopted. A
memorandum of the agreement shall be recorded in the public records.
(e) Within 60 days after such rules take effect,the district shall record a notice of rule
adoption stating generally what rules were adopted and where a copy of the rules may be
obtained. Districts may impose fines for violations of such rules and enforce such rules
and fines in circuit court through injunctive relief.
(d) The owners of property located outside the boundary of the district shall elect an
advisor to the district board pursuant to paragraph (e), The sole responsibilities of the
district board advisor are to review enforcement actions proposed by the district board
against properties located outside the district and make recommendations relating to
those proposed actions.Before the district board may enforce its rules against any owner
of property located outside the district, the district board shall request the district board
{043845-001:MWATTONL£O;01691923,DOCX;3) -5 -
• advisor to make a recommendation on the ro p osed enforcement action. The district
p p
board advisor must render a recommendation within 30 days after receiving a request
from the district board or is deemed to have no objection to the district board's proposed
decision or action.
(e) 1. Whenever an,interlocal agreement is entered into pursuant to paragraph (a), a
district board advisor seat shall be created for one elected landowner whose property is
within the jurisdiction of the governmental entity entering into the interlocal agreement
but not within the boundaries of the district.The district board advisor shall be elected by
landowners whose land is subject to enforcement by the district but whose land is not
within the boundaries of the district. The district board advisor shall be elected for a 2-
year term.The first election for a district board advisor shall be within 90 days after the
effective date of the interlocal agreement between the district and the government entity.
2. The election of the district board advisor shall occur at a meeting of eligible
landowners. The district shall publish notice of the meeting and election once a week for
2 consecutive weeks in a newspaper of general circulation in the area of the parties to the
interlocal agreement. The notice must include instructions on how all landowners may
participate in the election and how to obtain a proxy form. The last day of publication
may not be less than 14 days or more than 28 days before the date of the election. The
landowners, when assembled at the meeting, shall organize by electing a chair who shall
conduct the meeting. The chair may be any person present at the meeting. If the chair is a
• landowner or proxy holder of a landowner, he or she may nominate candidates and make
and second motions.
3. At the meeting, each landowner is entitled to cast one vote per acre of land
owned by him or her and located within the district for each person to be elected. A
landowner may vote in person or by proxy in writing. Each proxy must be signed by one
of the legal owners of the property for which the vote is cast and must contain the typed
or printed name of the individual who signed the proxy; the street address, legal
description of the property, or tax parcel identification number; and the number of
authorized votes. tithe proxy authorizes more than one vote,each property must be listed
and the number of acres of each property must be included. The signature on a proxy
need not be notarized. A fraction of an acre shall be treated as 1 acre, entitling the
landowner to one vote with respect thereto. For purposes of determining voting interests,
platted lots shall be counted individually and rounded up to the nearest whole acre. The
acreage of platted lots may not be aggregated for purposes of determining the number of
voting units held by a landowner or a landowner's proxy.
4. If a vacancy occurs in the district advisor seat, a special landowner election
shall be held within 60 days after the vacancy using the notice,proxy,and acreage voting
provisions of this subsection.
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