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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2024-008Temp. Ord. No. 2553 April 10, 2024 Page 1 of 7 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2024 - DOB AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA ESTABLISHING THE WOODLANDS SECTION 9 COMMUNITY DEVELOPMENT DISTRICT, MAKING CERTAIN FINDINGS REGARDING THE DISTRICT, DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT, NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 13T" Floor Woodlands HP GP, LLP, a Delaware limited liability company ("Petitioner"), petitioned the City Commission of the City of Tamarac, Florida, to enact an ordinance establishing The Woodlands Section 9 Community Development District (the "District"), pursuant to Chapter 190, Florida Statutes, and WHEREAS, the establishment of the District is not inconsistent with any applicable element or portion of the state or local government comprehensive plan; and WHEREAS, the land within the District is of sufficient size, is sufficiently compact, and sufficiently contiguous to be developable as a functionally interrelated community; and WHEREAS, the City Commission of the City of Tamarac finds that the District is the best method available to deliver community development services and facilities to the area served by the District, that the services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community Temp. Ord. No. 2553 April 10, 2024 Page 2 of 7 development services and facilities, and that the area to be served by the District is amenable to governance by the District; and WHEREAS, the City Commission of the City of Tamarac deems the establishment of the District to constitute a timely, efficient, and effective way to deliver community development services to the area described, and therefore, to be in the best interests of the citizens and residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: AUTHORITY FOR THIS ORDINANCE: The City of Tamarac, Florida (the "City"), is authorized to adopt this ordinance under the authority granted by the provisions of Chapters 166 and 190, Florida Statutes, as amended, and other applicable provisions of law. SECTION 2: FINDINGS. It is hereby found and determined that: A. The Petitioner has submitted written consent to the establishment of the District by Woodland Fund Holdings, LP, a Delaware limited liability partnership, and Clublink US LLC, a Delaware limited liability company, both the landowners of the real property to be included in the proposed District, as set forth in Composite Exhibit "3". B. On February 21, 2024, Petitioner submitted to the City a petition (the "Petition") seeking the establishment of a community development district for the Property, more Temp. Ord. No. 2553 April 10, 2024 Page 3 of 7 particularly described in Composite Exhibit "A" attached hereto (the "Property"), within the meaning of the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act"), as a reasonable and appropriate method of providing the infrastructure to serve residents of the Property. The District would be known as " Woodlands Section 9 Community Development District", and the boundaries of the District would be coterminous with the boundaries of the Property. C. The City has conducted a public hearing on the Petition in accordance with the requirements of Section 190.005(1)(d) of the Florida Statutes and has considered the record of the public hearing and the factors set forth in Section 190.005(1)(e) of the Florida Statutes, among other factors, and hereby finds that: 1. All statements in the Petition have been found to be true and correct; 2. The creation of the District is not inconsistent with any applicable elements or portion of the State of Florida's comprehensive plan or of the effective City comprehensive plan; 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; 4. The establishment and operation of the proposed District is the best alternative available for delivering community development services and facilities to the area that will be served by the District; Temp. Ord. No. 2553 April 10, 2024 Page 4 of 7 5. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and 6. The Property to comprise the District is amenable to separate special -district government. D. The City now desires to grant the Petition and to establish the District, as more fully set forth herein. SECTION 3. ESTABLISHMENT OF DISTRICT. NAME. The City hereby grants the Petition and establishes the District as a community development district within the meaning of the Act and as an independent special district within the meaning of Chapter 189, Florida Statutes. The name of the District shall be " Woodlands Section 9 Community Development District." SECTION 4. EXTERNAL BOUNDARIES. The external boundaries of the District shall be as set forth in Exhibit "A" attached hereto, which is attached hereto and incorporated herein by reference. SECTION 5. INITIAL MEMBERS OF BOARD OF SUPERVISORS. The five (5) persons to be the initial members of the Board of Supervisors of the District, each of whom is designated in the Petition, are as follows: 1. Albani Belandria 330 Himmarshee Street Unit 110 Fort Lauderdale, Florida 33310 Temp. Ord. No. 2553 April 10, 2024 Page 5 of 7 2. Lindsay Rayner 330 Himmarshee Street Unit 110 Fort Lauderdale, Florida 33310 3. John Lonergan 330 Himmarshee Street Unit 110 Fort Lauderdale, Florida 33310 4. Landon Massel 330 Himmarshee Street Unit 110 Fort Lauderdale, Florida 33310 5. Janet Trump 330 Himmarshee Street Unit 110 Fort Lauderdale, Florida 33310 SECTION 6. CONSENT TO EXERCISE OF SPECIAL POWERS. In addition to the general and special powers which the District is authorized to exercise pursuant to sections 190.011 and 190.012(1), Florida Statutes, the City hereby consents to the exercise by the District of the special powers set forth in subsections (a) and (d) of section 190.012(2), Florida Statutes, which authorize the District to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for the following: a. Parks and facilities for indoor and outdoor recreational, cultural, and educational uses -land b. 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, Temp. Ord. No. 2553 April 10, 2024 Page 6 of 7 but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries. SECTION 7. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 8. If any clause, section or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. SECTION 9. This Ordinance shall become effective immediately upon its passage and adoption. [INTENTIONALLY LEFT BLANK] Temp. Ord. No. 2553 April 10, 2024 Page 7 of 7 PASSED, FIRST READING this /?J' 4<- day of NAtZC- / , aa)1f PASSED, SECOND READING this j0t(", day of A?AIL- oZ ATTEST: I '-'-A, . t , , D�F� KI BERLY DIL ON, CMC CITY CLERK MICHE LE J. GOMEZ, MAYbR RECORD OF COMMISSION VOTE: 1ST Reading MAYOR GOMEZ yES DIST 1: COMM. BOLTON jVo DIST 2: V/M. WRIGHT No DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL y6-S RECORD OF COMMISSION VOTE: 2ND Reading MAYOR GOMEZ `ice DIST 1: COMM. BOLTON No DIST 2: V/M. WRIGHT �b DIST 3: COMM. VILLALOBOS `1S DIST 4: COMM. DANIEL `1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE C MARAC ONLY. H OTTINOT, 6TYATTORNEY This Ordinance was filed in the Office of the City Clerk on this 1;� day of ftK. 2024. LAW OFFICES BILLING, COCAEAN, LYLES, MAU$O & RAmSEY, P.A. ESTABLISHED 1977 DENNIS E. LYLES JOHN W. MAURO KENNETH W. MORGAN, JR. RICHARD T. WOULFE CAROL J. HEALY GLASGOW MICHAEL J. PAWELCZYK ANDREW A. RIEF MANUEL R. COMRAS GINGER E. WALD JEFFERY R. LAWLEY SCOTT C. COCHRAN SHAWN B. McKAMEY ALINE O. MARCANTONIO JOHN C. WEBBER NJA HAND -DELIVERY" LAS OLAS SQUARE, SUITE 600 515 EAST LAS OLAS BOULEVARD FORT LAUDERDALE, FLORIDA 33301 (954) 764-7150 FAX: (954) 764-7279 PGA NATIONAL OFFICE CENTER 300 AVENUE OF THE CHAMPIONS, SUITE 270 PALM BEACH GARDENS, FLORIDA 33418 (561) 659-5970 FAX: (561) 659-6173 WWW.BILLINGCOCHRAN.COM PLEASE REPLY TO: FORT LAUDERDALE February 21, 2024 Ms. Maxine A. Calloway, Esq. AICP Assistant City Manager and Director, Community Development Department City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321 CHRISTINE A. BROWN GREGORY F. GEORGE JOANNA R. LLERA OF COUNSEL CLARK J. COCHRAN, JR. SUSAN F. DELEGAL SHIRLEY A. DELUNA GERALD L. KNIGHT BRUCE M. RAMSEY STEVEN F. BILLING, 1947-1998 HAYWARD D. GAY, 1943-2007 Re,: Petition to Establish Woodlands Section 9 Community Development District ("District") Dear .Ms. Calloway: In connection with the above -referenced District, please find the Petition to Establish Woodlands Section 9 Community Development District. Additionally, enclosed is a check payable to the City of Tamarac in the amount of $15,000.00 representing the filing fee. Please process this Petition for consideration by the City of Tamarac, Should you have any questions or need anything further, I)Lase do not hesitate to contact my office. Very truly yours, GINGER E. WALD For the firrn G1 Enclusures PETITION TO ESTABLISH WOODLANDS SECTION 9 COMMUNITY DEVELOPMENT DISTRICT BEFORE THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA IN RE: PETITION TO ESTABLISH WOODLANDS SECTION 9 COMMUNITY DEVELOPMENT DISTRICT Petitioner, 13"' FLOOR WOODLANDS HB GP, LLP, a Delaware limited liability company ("Petitioner"), hereby submits this Petition to the City Commission of the City of Tamarac, Florida ("City"), pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, to establish a Community Development District (the "District") with respect to lands described herein. In support of this Petition, Petitioner states as follows: I. Location and Size. The proposed District is located generally east of NW 641h Avenue, north of NW 44"' Street, west of Rock Island Road and south of West Commercial Boulevard in the City and contains approximately 276.48 acres. The general location of the proposed District is shown on Exhibit I attached hereto. The metes and bounds description of the external boundaries of the proposed District is set forth in Exhibit 2 attached hereto. There is no real property within the external boundaries of the District which will not be part of the District. 2. Landowner Consent. Attached hereto as Composite Exhibit 3 is documentation constituting written consent to the establishment of the District by the owners of the real property to be included within the boundaries of the proposed District. 3. Initial Governing., Board. The five (5) persons designated to serve as the initial members of the Board of Supervisors of the proposed District are as follows: Albani Belandria, 330 Himmarshee Street, Unit l 10, Fort Lauderdale FL 33310 Lindsay Rayner, 330 Himmarshee Street, Unit 110, Fort Lauderdale FL 33310 John Lonergan, 330 Himmarshee Street, Unit 110, Fort Lauderdale FL 33310 Landon Massel, 330 Himmarshee Street, Unit 110, Fort Lauderdale FL 33310 Janet Trump, 330 Himmarshee Street, Unit 110, Fort Lauderdale FL 33310 All of the above listed persons are residents of the State of Florida and citizens of the United States of America. 4. District Name. The proposed name of the proposed District to be established is Woodlands Section 9 Community Development District. 5. Maior Water and Wastewater Facilities. Attached hereto as Exhibit 4 is a map showing the existing major trunk water mains, sewer interceptors and outfalls currently in existence to serve the lands within the proposed District. 6. District Facilities and Services. Petitioner presently intends for the proposed District to participate in the funding and construction of the stormwater management system, water distribution system, wastewater collection system, road improvements, open spaces and associated landscaping (the "Improvements"). The proposed timetable for the construction of the Improvements is set forth in Exhibit 5 attached hereto. The estimated costs of constructing the Improvements is set forth in Exhibit 6 attached hereto. These are good faith estimates but are subject to change. Actual construction timetables and expenditures will Likely vary, due in part to the effects of future changes in economic conditions upon costs such as labor, services, materials, interest rates and market conditions. 7. Future Land Uses. The future general distribution, location and extent of public and private land uses proposed for the area within the proposed District by the future land use element of the City's Comprehensive Plan are shown on Exhibit 7 attached hereto. 8. Statement of Estimated Regulatory Costs. A statement of estimated regulatory costs prepared in accordance with the requirements of Section 120.541, Florida Statutes, is attached hereto as Exhibit 8. 9. Petitioner and ,-authorized Agent. Petitioner is a Delaware limited liability company, registered to do business in the State of Florida, whose address is 330 SW 2"d Street, 2 #I 10, Fort Lauderdale, Florida 33312. Copies of all correspondence and official notices should also be sent to the authorized agent for Petitioner: Dennis E. Lyles, Esq. Billing, Cochran, Lyles, Mauro & Ramsey, P.A. 515 E. Las Olas Boulevard, Suite 600 Fort Lauderdale, Florida 33301 Phone: 954-764-7150 / Fax: 954-764-7279 Email: dlyles0ebc1mr.com 10. R_i2hts to be Granted the District. Petitioner hereby requests that, in addition to the powers set forth in Section 190.012(1), Florida Statutes, the proposed District be granted the right to exercise all powers provided forth in Sections 190.0-12(1) and (2)(a) and (d), Florida Statutes. 11. Reasons for the Establishment of the District. The Petition to establish Woodlands Section 9 Community Development District should be granted for the following reasons: a. Establishment of the proposed District and all land uses and services planned within the proposed District are not inconsistent with any applicable elements or portions of the state comprehensive plan or local government comprehensive plan. b. The area of land within the proposed District is part of a unified plan of development that has been or will be approved by the City. The land encompassing the District is of a sufficient size and is sufficiently compact and contiguous to be developed as one functional interrelated community. C. The proposed District will be the best alternative available for delivering community development services and facilities to the area to be served without financially impacting persons residing outside the proposed District. Establishment of the proposed District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources. 3 d. The community development services and facilities of the proposed District will be compatible with the capacity and use of the existing local and regional community development services and facilities. In addition, the establishment of the proposed District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the proposed District services and facilities in the future. e. The area to be served by the proposed District is amenable to separate special -district government. WHEREFORE, Petitioner respectfully requests the City Commission of the City of Tamarac, Florida to: A. Hold a public hearing to consider the establishment of Woodlands Section 9 Community Development District in accordance with the requirements of Section 190.005, Florida Statutes. B. Adopt an ordinance pursuant to Section 190.005, Florida Statutes, granting this Petition and establishing Woodlands Section 9 Community Development District. Respectfully submitted this _L6 day of_ 16VI,04htG __, 2023. 13TH FI,O0"OOD),ANDS IlB GP, LLC, a Delaware I' ted lAili�tllyy company/ By: Manager 4 EXHIBIT 1 LOCATION SKETCH z 01 �bv sn O�cy Z 0 c~n >y —� a2l aNVISI MOMI• _ M - w �-+BAV H1MN O m w z EXHIBIT 2 METES AND BOUNDS LEGAL DESCRIPTION DESCRIPTION ALL OF WOODLANDS COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PAGE 30, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS AND EXCEPT PARCELS, A, B, C, D, E, F, G, H, H, I, J, L, M, AND N, TRACTS R-1 THROUGH R-11, INCLUSIVE, TRACTS C-1, C-2 AND C-3 AND TRACT L-1, AND FURTHER LESS AND EXCEPT THOSE PORTIONS INCLUDED IN DEEDS RECORDED IN OFFICIAL RECORDS BOOK 5337, PAGE 607, OFFICIAL RECORDS BOOK 12713, PAGE 821 AND OFFICIAL RECORDS BOOK 38923, PAGE 1547, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THE NORTHEAST FOUR ACRES OF WOODLANDS COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PAGE 30, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF WOODLANDS COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PAGE 30, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID WOODLANDS COUNTRY CLUB PLAT S- 1'30'19" E., A DISTANCE OF 361.43 FEET; THENCE S.89'32'22"W., A DISTANCE OF 482.24 FEET; THENCE N.01'30'19"W. TO THE NORTH LINE OF SAID WOODLANDS COUNTRY CLUB PLAT, A DISTANCE OF 361.43 FEET; THENCE N.89'32'22"E. ALONG SAID NORTH LINE, A DISTANCE OF 482.24 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A PORTION OF TRACT 16, OF SECTION 14, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE'4) OF THE SOUTHEAST QUARTER (SE %) OF THE SOUTHEAST QUARTER (SE'/,) OF SECTION 14; THENCE SOUTH 89'33'54" WEST, AD I STANCE OF 50.01 FEET TO APOINT ON THE WEST RIGHT-OF-WAY LINE OF ROCK ISLAND ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 20692, PAGE 980 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE, ALONG SAID WEST RIGHT OF -WAY LINE, SOUTH 01'30'28" EAST, A DISTANCE OF 33.99 FEET; THENCE, SOUTH 00'13'28" WEST, A DISTANCE OF 38.29 FEET; THENCE, DEPARTING SAID 'VEST RIGHT-OF-WAY LINE, SOUTH 89'33'54'' WEST, A DISTANCE OF 608.96 FEET; THENCE, NORTH 01'30'23" WEST, A DISTANCE OF 72.29 FEET; THENCE, NORTH 89'33'54" EAST, A DISTANCE OF 610.12 FEET TO THE POINT OF BEGINNING. CONTAINING 276.478 ACRES, MORE OR LESS. SAID LANDS LYING AND BEING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS -OF -WAY OF RECORD. COMPOSITE EXIIIBIT 3 AFFIDAVIT OF OWNERSHIP AND CONSENT TO ESTABLISHMENT OF THE WOODLANDS SECTION DEVELOPMENT DISTRICT On this /4` day of A100 k4t. , 2023, 4,444 X�efeWA , personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: Affiant is the Manager of Woodland Fund Holdings, LP, a Delaware limited liability partnership (collectively "Owner"). 2. The Owner is the owner of the following described property, to wit: See Exhibit "A" attached hereto (the "Property") 3. Affiant hereby represents that Affiant has full authority to execute all documents and instruments on behalf of the Owner, including the Petition before the City Commission of the City of Tamarac, Florida, to adopt an ordinance to establish Woodlands Section 9 Community Development District (the "Proposed CDD"). 4, The Property constitutes all of the real property to be included in the Proposed CDD. 5. Affiant, on behalf of the Owner, hereby consents to the establishment of the Proposed Woodland FundXold' gs �P, a De7NI ited liability partne,6hip By: Name: Arn d K enti Title: Manager STATE OF fi)QhAC1 ) COUNTY OF KIC11'Yltai 3& ) The foregoing instrument was acknowledged before me by means of b4 physical presence or J online notarization, this Li0 day of _, 2023, by Arnaud Karsenti, as Manager of Woodland Fund Holdings, LP, a Delaware limited liability partnership. Ile is pally known o me L f or produced as identification. Q,R % Notary ExPires P c 312312027/�� fit Afl yarcrta Z Typed, printed or stamped name of Notary Public CA Juliana Varona Q -A My commission Q HH 377835 U Q � Exhibit "A" to Affidavit Legal description of Property DESCRIPTION: A PORTION OF TRACT 16, OF SECTION 14, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE %) OF THE SOUTHEAST QUARTER (SE Y.) OF THE SOUTHEAST QUARTER (SE Y) OF SECTION 14; THENCE SOUTH 89"33'54" WEST, A DISTANCE OF 50.01 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF ROCK ISLAND ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 20692, PAGE 980 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE, ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH O1°30'28" EAST, A DISTANCE OF 33.99 FEET; THENCE, SOUTH 00°13'28" WEST, A DISTANCE OF 38.29 FEET; THENCE, DEPARTING SAID WEST RIGHT-OF-WAY LINE, SOUTH 89'33'54" WEST, A DISTANCE OF 608.96 FEET; THENCE, NORTH 01°30'23" WEST, A DISTANCE OF 72.29 FEET; THENCE, NORTH 89°33'S4" EAST, A DISTANCE OF 610.12 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING SECTION 14, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA. CONTAINING 44,076 SQUARE FEET OR 1.012 ACRES TOTAL AREA, MORE OR LESS. AFFIDAVIT OF OWNERSHIP AND CONSENT TO ESTABLISHMENT OF WOODLANDS SECTION 9 COMMUNITY DEVELOPMENT DISTIUCT On this ;?"Nay of N bve—� , 2023, r 4t- TA-Jt-,-\ , personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: I. Affiant is the C C0 of Clublink US LLC, a Delaware limited liability company (collectively "Owner"). 2. The Owner is the owner of the following described property, to wit: See Exhibit "A" attached hereto (the "Property") 3. Affiant hereby represents that Affiant has full authority to execute all documents and instruments on belialf'of the (honer, including the Petition before the City Commission of the City of Tamarac, Florida, to adopt an ordinance to establish Woodlands Section 9 Community Development District (the "Proposed CDD"). 4. The Property constitutes all of the real property to be included in the Proposed CDD. 5. Affiant, on behalf of the Owner, hereby consents to the establishment of the Proposed CDD. Clublink US LLC, a Delaware limited liability company Name:_ Title: ST'ATR OF . _rQ A-) The foregoing rnstrun cnt was acknowledged before me by means of [�ysical presence or online n trrzation, thist�i day of ci ;r 2U23; by ����Ltr »s _ of Clublink US I.LC, n Delaware limited liability company. HelShe is personalty known to the [' or produce) as identification. `1Vota iftibli— c- -- Typed, printed or stamped ame of Notary Public Exhibit "A" to Affidavit Legal description of Property DESCRIPTION ALL OF WOODLANDS COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PAGE 30, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS AND EXCEPT PARCELS, A, B, C, D, E, F, G, H, H, I, 1, L, M, AND N, TRACTS R-1 THROUGH R-11, INCLUSIVE, TRACTS C-1, C-2 AND C-3 AND TRACT L-1, AND FURTHER LESS AND EXCEPT THOSE PORTIONS INCLUDED IN DEEDS RECORDED IN OFFICIAL RECORDS BOOK 5337, PAGE 607, OFFICIAL RECORDS BOOK 12713, PAGE 821 AND OFFICIAL RECORDS BOOK 38923, PAGE 1547, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LESS THE NORTHEAST FOUR ACRES OF WOODLANDS COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PAGE 30, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF WOODLANDS COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PAGE 30, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID WOODLANDS COUNTRY CLUB PLAT S. 1"30'19" F., A DISTANCE OF 361.43 FEET; THENCE S.89°32'22"W., A DISTANCE OF 482.24 FEET; THENCE N.01°30'19"W. TO THE NORTH LINE OF SAID WOODLANDS COUNTRY CLUB PLAT, A DISTANCE OF 361.43 FEET; THENCE N.89°32'22"E. ALONG SAID NORTH LINE, A DISTANCE OF 482.24 FEETTO THE POINT OF BEGINNING. CONTAINING 275.466 ACRES, MORE OR LESS. SAID LANDS LYING AND BEING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA. EXHIBIT 4 MAJOR TRUNK WATER MAINS, SEWER INTERCEPTORS AND OUTFALLS No Text No Text - 'at 7r; o 16, too 7 01� 4W� Aga EXHIBIT 5 PROPOSED `I'INIETABLE FOR CONSTRUCTION OF DISTRICT IMPROVEMENTS Stormwater Management System Water Distribution System Wastewater Collection System Roadway Improvements Open Space/Landscaping Improvements Start Date August, 2024 November, 2024 October, 2024 January, 2025 January, 2025 Completion Date November, 2026 December, 2026 December, 2026 January, 2027 January, 2027 EXHIBIT 6 ESTIMATED COSTS OF DISTRICT IMPROVEMENTS Costs: Stormwater Management System S 5,933, l92 Water Distribution System S 3,371,918 Wastewater Collection System S 8,027,709 Roadway Improvements S 9,172,231 Open Spaee/Landscaping Improvements S 1,792,103 Total Estimated Costs. $28,297,153 EXHIBIT 7 FUTURE GENERAL DISTRIBUTION, LOCATION AND EXTENT OF THE PUBLIC AND PRIVATE LAND USES PROPOSED WITHIN THE PROPOSED DISTRICT .14 ;UX � lei;° !ill,. 01 <� � r + Woodlands Country Club Q to .T I I City of Tamarac. Florida � O m i��;� ' S Future Land Use Map • City J � EXHIBIT 8 STATEMENT OF ESTIMATED REGULATORY COSTS STATEMENT OF ESTIMATED REGULATORY COSTS Woodlands Section 9 Community Development District 1.0 Introduction 1.1 Purpose This statement of estimated regulatory costs ("SERC") supports the petition to form Woodlands Section 9 Community Development District ("District" or "CDD") and other affiliated and participating companies ("Petitioner") that are planning a 276.48+/- acre single family residential community ("Project'), generally located east of NW 64"' Avenue, north of NW 441" Street, west of Rock Island Road and south of West Commercial Boulevard in the City of Tamarac, Florida ("City"). The District anticipates providing community infrastructure that will serve all the land in the proposed District. The proposed District plans to provide community infrastructure including, but not necessarily limited to, stormwater management system, water distribution system, wastewater collection system, roadway improvements, open spaces and associated landscaping (the "Infrastructure"). The proposed District plans to finance the Infrastructure by issuing bonds ("Bonds") secured by, among other things, proceeds of non -ad valorem special assessments (the "Assessments") levied on land within the proposed District that will specially benefit from the Infrastructure all as discussed more fully below. 1.2 Scope of the Analysis The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), Fla.Stat. (governing District formation or alteration) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to 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)." As noted above, the proposed District anticipates providing Infrastructure and related services with operation and maintenance, to the 276.48+/- acres comprising the Project. The current development plan for the land contained in the proposed District is for 335 single family homes. 1.3 Requirements for Statement of Estimated Regulatory Costs. Section 120.541(2), F.S., defines the elements a statement of estimated regulatory costs must contain: (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 implementation of the rule; or 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. (b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this section, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other costs necessary to comply with the rule. (e) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined in Section 120.52, Fla.Stat. The impact analysis for small businesses must include the basis for the agency's decision not to implement alternatives that would reduce adverse impacts on small businesses. (f) Any additional information that the agency detennines may be useful. (g) In the statement or revised statement, whichever applies, a description of any regulatory alternatives submitted under paragraph (1) (a)[of Section 120.541, Fla. Stat.] and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. 2.0 (a) An economic analysis showing whether the rule directly or indirectly is likely to (1) 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) 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 implementation of the rule; or (3) increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. It is unlikely the establishment/creation of the District will meet any of the triggers in Section 120.541(2)(a), Fla. Stat. The basis for this determination is provided in the discussions in Section 3.0 through Section 6.0 herein. 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 rule. As noted above, the proposed District will provide Infrastructure and related services to the 276.48+11- acres of land planned for the Project. All of the ultimate property owners in the District will be required to comply with District rules and their properties will be encumbered with District obligations to pay for Infrastructure and operation and maintenance expenses incurred by the District. Based on the current development program the following entities and individuals would be affected by the formation of the District are the owners and occupants of the residential units within the District. 4.0 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. 4.1 Costs to Governmental Entities of Implementing and Enforcing Rule State Governmental Entities The cost to State entities to review or enforce the proposed rule will be very modest. The District comprises less than 2,500 acres. Therefore, the City will review and act upon the petition to establish the District. There are minimal additional ongoing costs to various State entities to implement and enforce the proposed rule. The District is a special purpose unit of local government, and it is required to file various reports to the State of Florida, the Department of Economic Opportunity and other agencies of the State. The filing requirements are outlined in Appendix A. However, the additional costs to the State and its various departments to process the additional filings from the District are very low, since the State routinely processes filings from over 500 similar districts. Finally, the filing fees paid by the District are designed to offset any additional costs to the State. City of Tamarac This petition to establish the District will require the City to review the petition and its supporting exhibits. In addition, the City will hold public hearing(s) to discuss the petition and to take public input. These activities will absorb staff time and time of the City Commission. The boundaries of the District are located within the City. However, the costs of these activities are very modest at most for the following reasons. First, the review of this petition to form the District does not include an analysis of the Project itself. In fact, such a review of the Project is prohibited by statute. Second, the petition contains all of the information necessary for its review. Third, the City already has all of the staff necessary to review the petition. Fourth, no capital costs are involved in the review. Fifth, the City routinely processes similar petitions for land use and zoning changes that are far more complicated than this petition to form the District. Finally, Petitioner will pay all statutorily prescribed filing fees, as set forth by the City. The City will incur only a small additional annual cost if this petition is approved. The proposed District is an independent unit of local government, so the District is responsible for its own budget, reporting, and the full conduct of its powers within its boundaries. 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. 4.2 Impact on State or Local Revenues Adoption of the proposed rule will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other unit of local government except the District. By State law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the rule The District may provide Infrastructure and related services to the land in the District, as outlined in Table 1 below. Table 1. Proposed Facilities and Services Facility Funded BY Operation and maintenance Ownership Stormwater Management System _ District District District Water Distribution System District City City Wastewater Collection System District City City Roadway Improvements District District District Open Space/Landscaping 1-- District District District Petitioner has estimated the costs for providing the Improvements as outlined in Table 1, and such costs are shown in Table 2. Total costs for this Infrastructure are estimated to be approximately $28,297,153. To fund this construction program, in whole or in part, the District may issue Bonds, which will be repaid through non - ad valorem assessments levied on all lands in the District that benefit from the District's Infrastructure and related services as outlined in Table 1. Table 2. Summary of Estimated Capital Costs Infrastructure Total Stormwater Management System _ _ $ 5,933,192 Water Distribution System $ 3,371,918 Wastewater Collection System $ 8,207,079 Roadway Improvements $ 9,172,231 Open Space/Landscaping $ 1,792,103 Total -� ------ $28,297, (53 Prospective future landowners in the District may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through Bonds. In addition to the levy of non -ad valorem assessments for debt service, the District may also impose a non -ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. It is important to note that the various costs outlined in Table 2 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District's financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer -provided infrastructure and facilities. Along these same lines, District -imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners' association common to most master-plaiuled developments. Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition. Furthermore, locating in the District by new landowners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, or through developer bank loans. 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 in Section 120.52, F.S. There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. The development is located in the City. As of the 2020 Census date, the City has a population in excess of 10,000 people. Therefore, the proposed District is not located in a City defined as a "small city", according to Section 120.52, Fla. Stat.. 7.0 Any, additional useful information and description of regulatory alternatives. 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 Petitioner's Engineer and other professionals associated with Petitioner. Finally, it is useful to reflect upon the question of whether the proposed formation of the District is the best alternative to provide community facilities and services to the Project. As an alternative to the District, the City could approve a dependent special district for the area, such as a special taxing district under Chapter 189, Fla. Stat. This alternative could finance the improvements contemplated in Table 1 in a fashion similar to the proposed District. However, this alternative is inferior to the District. Unlike the District, the alternative would require the City to continue to administer the Project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. A District also is preferable from a government accountability perspective. With a District as proposed, landowners and lessees in the District would have a focused unit of government under their direct control. The District would be more responsive to landowner needs without disrupting other City responsibilities. Another alternative to the District would be for the developer to provide the Infrastructure and to use a property owners association ("POA") for operation and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA, a District has the ability to impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is a unit of local government. Therefore, unlike the POA the District must abide by all governmental rules and regulations. APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA STATUTES REPORT CITE DATE Annual Financial Audit 218.39 9 months after end of fiscal year Annual Financial Report 218.32 within 45 days of financial audit completion, but no later than 9 months after end of fiscal year TRIM Compliance Report 200.068 30 days after adoption of assessment resolution Form I - Limited Financial Disclosure 112.3144 by July I Public Depositor Report 280.17 by November 30 Proposed Budget 190.008 sixty (60) days prior to adoption of final budget Public Meetings Schedule 189.015 quarterly, semiannually, or annually Bond Report 218.38 When issued