,•,,	0	()
MEMORANDUM

Amended
Agenda Item No.	4 ( G)

TO:	Hon. Chairperson and Members Board of County Commissioners

DATE:

(Public Hearing 6-5-01)
May 8, 2001

FROM:	Robert A. Ginsburg
County Attorney

SUBJECT: Ordinance creating Century Pare Community Development District

0#01-101

The accompanying ordinance was prepared and placed on the agenda at the request of Commissioner Javier D. Souto.

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107.07•17A O,f'f>OO•OF. G • o,a• u,;•

0	MEMORANDU()

TO:

FROM:

Honorable Chairperson and Members Board of County Commissioners

Steve Shiver ,._'	::>
County Manager

DATE: SUBJECT:

June 5, 2001
Century Park Community Development Corporation_

01·101

The creation of the Century Park Community Development District does not have an impact on the County's finances.

fis/10501

fJ} MEMORANDUft()

TO:

HOIL Chairperson and Mcmbm
Board of County Commissioners
.£(/c)?,/2
FROM:	Robert A Ginsburg
County Attorney

DATE:	June 5, 2001
Amended
SUBJECT: Agenda Item No. 4(G)

01 ·101

Please note any items checked.

"4-Day Rnle" (Applicable if raised)

 		6 weeks required between first reading and public hearing

 		Decreases revenues or inaeases expenditures without balancing
budget

 		Budget required

 		Statement of fiscal impact required_

 		Statement ofprivate bu.sins sector impact required

 		Bid wai=- requiring County Manager's written
recommendation

 			Ordinance creating a new board requires adetailed County Manager's repprt for public hearing

 		"Sunset" provision required
.
 		Legislative findings

Approved

 	o_·	M=ay o=r

•
()mended

Veto		 Override	 	

Agenda Item No. 4(G) 6-5-01

ORDINANCE NO.	01-101

ORDINANCE GRANTING PETITION OF  CENTURY  PARK AT FLAGLER LIMITED PARTNERSHIP FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING CENTURY PARC , COMMUNITY DEVELOPMENT DISTRICT ("DISTRICT"); PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; PROVIDING SEVERABILITY,  INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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, Section l.0!(A)(21) of the Dade County Home Rule Charter grants the

Miami-Dade County Board of County Commissioners the authority to exercise all powers and privileges granted to municipalities and counties by the laws of this State; and
WHEREAS, Century Park at Flagler Limited Partnership, a Florida limited partnership, ("Petitioner") has petitioned Miami-Dade County to grant the establishment of the Century Pare Community Development District (the "District"); and
WHEREAS, a public hearing has been conducted by the Miami-Dade County Board of County   Commissioners   in   accordance   with   the   requirements   and    procedures    of Section I 90.005(2)(b), Florida Statutes, and the applicable requirements and procedures of the Miami-Dade County Home Rule Charter and Code; and

C:LWP-,ORDIA400.DOC

0	(\mended
Agenda Item No. 4(G)
Page 2

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 County's planning, management and financing needs for delivery of capital infrastructure therein without overburdening the County and its taxpayers; and
WHEREAS, the Board of County Commissioners finds that the statements contained in the Petition are true anp correct; and
WHEREAS, the creation of the District is not inconsistent  with any applicable  element or portion of the state comprehensive plan or the Miami-Dade County Comprehensive Development Master 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 community; and
WHEREAS, the creation of the District is the best alternative available for delivering the community development services and facilities to the area that will be served by the District; and WHEREAS, the proposed services and facilities to be provided by the District will be compatible with the capacity and uses of existing local and regional community development
services and facilities; and

WHEREAS, the area that will be served by the District is amenable to separate special­ district government; and
WHEREAS, having made the foregoing findings, after a public hearing, the Miami-Dade County Board of County Commissioners wishes to exercise the powers bestowed upon it by Section l.0l(A)(21) of the Miami-Dade County Home Rule Charter in the manner provided by Chapter 190, Florida Statutes; and

C:IWPIORD\,UOO.DOC

()	(}mended

01 • 1 0 1 ".

Agenda Item No. 4(G) Page 3

WHEREAS, the Miami-Dade County Board of County Commissioners finds that the District shall have those general and special powers authorized by Sections 190.01 I and 190.012, Florida Statutes, and set forth herein, and that it is in the public interest of all of the citizens of Miami-Dade County that the District have such powers,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY

COMMISSIONERS 9F MIAMI-DADE COUNTY, FLORIDA:
Section I. The foregoing findings, which are expressly set forth  herein,  are hereby adopted and made a part hereof.

Section 2.

The Petition to establish the Century Pare Community Development

District over the real property described in Exhibit "A" attached hereto, which was filed by Century Park at Flagler Limited Partnership, a Florida limited partnership, on February 23, 2001, and which Petition is on file at the Office of the Clerk of the Board, is hereby granted. A copy of the Petition, attached as Appendix "A", is set forth in its entirety and incorporated herein.

Section 3.

The external boundaries of the District shall be as 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:

Sergio Pino

Luis Rabell	7270W.Lago

1700 S. Bayshore Lane	Coral Gables, Florida 33143

Miami, Florida 33133	
Silda Villamil	6121 S.W. 113th Court	Miami, Florida 33173	
Thomas Iglesias, Sr.	12351 S.W. 75th Street	Miami, Florida 33183	
Cesareo E. Llano	535 Jeronimo Drive	Coral Gables, Florida 33146	

C:IW1'10RD\A400.DOC

0	         01 ·101
Agenda Item No. 4{G) Page 4

Section 5.	The name of the District shall be the "Century Pare Community Development District."
Section 6.	The Century Pare Community Development District is created for the

purposes set forth in Chapter 190, Florida Statutes, pursuant to the authority granted by Section 1.0l(A)(21) of the Miami-Dade County Home Rule Charter.
Section 7.	Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter for the

Century Pare Community Development District shall be Sections I 90.006 through 190.041, Florida Statutes.
Section 8.	The Miami-Dade County Board of County Commissioners hereby grants

to the Century Pare Community Development District all general powers authorized pursuant to Section 190.011, Florida Statutes, and hereby finds that it is in the public interest  of all citizens  of Miami-Dade County to grant such general powers.
Section 9.	The Miami-Dade County Board of County Commissioners hereby grants

to the Century Pare Community Development District the special powers authorized pursuant to Section 190.012 (1), Florida Statutes and Sections 190.012 (2)(d) and (f), (except for powers regarding waste disposal or regarding collection of any waste other than commercial or  industrial), Florida Statutes and Section  190.012 (3), Florida Statutes, and hereby finds that it is  in the public interest of all citizens of Miami-Dade County to grant such special powers.
Section 10. All bonds issued by the Century Pare Community Development District pursuant to the powers granted by this ordinance shall be validated pursuant to Chapter  75, Florida Statutes.
Section 1I.	No bond, debt or other obligation of the Century Pare Community Development District, nor any default thereon, shall constitute a debt or obligation of

C:lwP\ORDW400.DOC
1

()

()Amended	O 1 " 1 0 1
'		Agenda Item No, 4(G) Page 5

Miami-Dade County, except upon the express approval and agreement of the Miami-Dade Board of County Commissioners.
Section 12.	Notwithstanding any power granted to the Century Pare Community
Development District pursuant to this Ordinance, neither the District nor any real or personal property or revenue in the district shall, solely by reason of the District's creation and existence, be exempted from any,requirement for the payment of any and all rates, fees, charges, permitting fees, impact fees, connection fees, or similar County rates, fees or charges, which are required by law, ordinance or County rule or regulation to be imposed within or upon any local government within the County.
Section 13.	Notwithstanding any power granted to the Century Pare Community

Development District pursuant to this Ordinance, the District may exercise the power of eminent domain outside the District's existing boundaries only with the prior specific and  express  approval of the Board of County Commissioners of Miami-Dade County.
Section 14.	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 15. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 16.	This ordinance  shall  become  effective  ten  ( I0) days after  the date of

enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. It is provided, however, that this ordinance shall not become effective, in

C:IWPIORD\,UOO.DOC

()	('k.mended	O 1 • 1 0 1
Agenda Item No. 4(G)
Page6

whole or in part, unless on or before 5:00 p.m. on the 10th day after the date of enactment, a proposed Interlocal Agreement has been submitted and received by the County Manager, in a form acceptable to the County Attorney, and executed by each member of the Board of  Supervisor designates named in Section 4 hereof, having provisions in substantially  the  following form:
Except upon the prior written consent of Miami-Dade County, the District

shall not apply for or use grants or loans of money or other property from the United States, the State of Florida, any other unit of local government in Florida, or any other person or entity (except in connection with any financings of the District, and any loans made  to the District by the developer/s, their affiliates and/or lenders in connection with the Century Pare land development orders for property subject to ASPR No. 99000010 and 99000017, as such may be amended from time to time) for any District purpose.  Any and all such  requests by the District for authorization to apply for or use such grants or loans shall be made to Miami-Dade County, which shall have the sole discretion to decide whether to allow application for any such loans or grants. Should the County apply for any such loans or grants on behalf of  the District,  the  District shall pay all costs to the County in connection with any such application/s;
The Miami-Dade Water and Sewer Department shall provide all water and wastewater service to the District and all lands within the District boundaries.
The Century Pare Community Development District shall, to the best of its

ability, fully utilize economic development enhancement resource agencies and programs designed to involve small and minority businesses in the development and expansion of permanent job opportunities within the District. The proposed Interlocal Agreement containing this provisions shall contain examples of such agencies and programs. The Century Pare

C:IWP\ORD'IA40D.DOC

()	( --\ mended	Q	1 • 1 Q 1
Agenda Item No. 4(G)
Page7

Community Development District will attempt to access the range of job skills available in the region and promote greater labor force enhancement. At a minimum, the Century Pare Community Development District shall encourage all landowners in the District to provide potential commercial tenants with information about employment and training agencies that maintain a database of trained/skilled workers to consider in meeting the District's employment needs.
The Century Pare Community Development District shall  adopt  and utilize specific measures designed to involve small and minority businesses in the development and expansion of permanent job opportunities. Such measures shall be in substantially the forms employed by Miami-Dade County, specifically, the Miami-Dade County Community Small Business Enterprise Program; the Black, Women and Hispanic Enterprise Programs; fair subcontracting measures; nondiscrimination in bidding and contracting measures; and prompt payment measures.
The Century Pare Community Development District shall provide for the election of a member to its Board of Supervisors who is deemed by the Board of County Commissioners to represent the voice of Miami-Dade County.
The Century Pare Development District shall adopt and utilize measures providing for employment of welfare recipients by entities contracting with the District. Such measures shall be in substantially the form of Miami-Dade County Resolution R-1206-97, as the same shall be amended from time to time.
In addition to notice required under section 190.048, Fla. Stats.,  the Century Pare Development District shall provide a separate notice to each prospective purchaser of residential property in the District, prior to execution of any contract for sale, describing the

C:\WP\ORDIMOO.DOC

0

/'fnded	O 1 • 1 Q 1
)..genda Item No. 4(G)
Page 8

type and amount of all projected taxes and assessments on the individual parcel being considered for prospective purchase.
Section 6.	This ordinance does not contain a sunset provision.

PASSED AND ADOPTED:	JUN O 5 2001
Approved by County Attorney as
to form and legal sufficiency:	PA
Prepared by:

Sponsored by Commissioner Javier D. Souto

C:1"7'\0RD\AIOO.D<X."

()	()	01·101

LEGAL DESCRIPTION (CONDOMINIUM PHASE)

TRACTS 2, 3, 4 AND 5, BLOCK 4, RICHARDSON-KELLET COMPANY'S PLAT, SECTION 4, TOWNSIDP 54 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 100, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE NORTH 35 FEET OF SAID TRACTS 2, 3, 4 AND 5, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT 5; THENCE S 00° 24' 34"  W  ALONG  THE  WEST LINE  OF SAID  TRACT  5,  FOR  A  DISTANCE OF
35,00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUES 00° 24' 34" W ALONG THE WEST LINE OF SAID TRACT 5, FOR A  DISTANCE  OF  1272.05 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT  5; THENCE  N 89° 54' 58" E ALONG THE SOUTH LINE OF SAID TRACTS 5, 4, 3 AND 2 FOR A DISTANCE  OF 1320.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT 2; THENCE N 00° 24' 31" E, ALONG THE EAST LINE  OF SAID TRACT  2, FOR  A  DISTANCE  OF
1273.99 FEET TO A POINT 35.00 FEET SOUTH  OF THE  NORTHEAST  CORNER OF SAID TRACT 2; THENCE S 89° 49' 55" W, ALONG  A LINE  THAT  IS  35.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACTS 2,  3, 4 AND 5 FOR A DISTANCE OF 1320.0 FEET, TO THE POINT OF BEGINNING. CONTAINING 38.57 ACRES±.

LEGAL DESCRIPTION	(TOWNHOUSE PHASE)

TRACT 16, BLOCK 4, RICHARDSON-KELLET COMPANY'S PLAT, SECTION 4, TOWNSHIP 54 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 100, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THAT PART OF SAID TRACT 16 LYING WITHIN THE EAST 40.00 FEET OF SAID SECTION 4, TOWNSHIP 54 SOUTH, RANGE 40 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 16; THENCE S 89° 54' 58" W ALONG THE SOUTH LINE OF SAID TRACT 16, FOR A DISTANCE OF
40.00 FEET, TO THE POINT OF BEGINING; THENCE CONTINUE S 89° 54' 58" W ALONG THE SOUTH LINE OF SAID TRACT 16, FOR A DISTANCE OF 620.00 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 16; THENCE N 00° 24' 31" E ALONG THE WEST LINE OF SAID TRACT 16, FOR A DISTANCE OF 662.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT 16; THENCE N 89° 52' 27"E  ALONG  THE  NORTH  LINE OF SAID TRACT  16, FOR  A  DISTANCE OF
FEET TO A POINT 40.00 FEET WEST OF THE NORTHEAST CORNER OF SAID TRACT 16; THENCE S 00° 24' 30" W ALONG A LINE 40.00 FEET WEST OF

----

EXHIBIT·

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C)	(J	01·101
AND PARALLEL WITH THE EAST LINE OF SAID TRACT 16, FOR A DISTANCE OF 662.45 FEET, TO THE POINT OF BEGINING.
CONTAINING 9.43 ACRES±-

0	()	01-101

Petition for Ordinance for

Century Pare Community Development District

February 20, 2001

Prepared by
Special District Services, Inc.

-

'

3910 RCA Boulevard-Suite 1011 Palm Beach Gardens, Florida 33410

-

(561) 630-4922

APPENDIX  "A"

()	01-101
BEFORE THE MIAMI-DADE COUNTY COlvfMISSION

INRE:		AN ORDINANCE TO ESTABLISH	) THE CENTIJRY PARC	)
COMMUNITY DEVELOPMENT DISTRICT	)

PETITION

Petitioner, Century Park at Flagler Limited Partnership, a Florida limited partnership, ("Petitioner"), hereby petitions the Miami-Dade County Commission to establish a Community Development District ('.'District") with respect to the land described herein and in support of the Petition, Petitioner states:

The proposed District is located within the unincorporated area of Miami-Dade County. Exhibit 1·depicts the general location of the project. The proposed District covers approximately 44.31± acres of land. The metes and bounds description of the external boundaries of the District is set forth in Exhibit 2. There is no real property within the internal boundaries of the proposed District which is to be excluded from the District.

Attached to this Petition as Exhibit 3 and made a part hereof is the written consent to the establishment of the District by the owners of 100% of the real property to be included  in the District.

The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows:

Sergio Pino

Luis Rabell	7270W. Lago

1700 S. Bayshore Lane	Coral Gables, Florida 33143

Miami, Florida 33133	
Silda Villamil	6121 S.W. 11311> Court	Miami, Florida 33173	
Thomas Iglesias, Sr.	12351 S.W. 7511> Street	Miami, Florida 33183	
Cesareo E. Llano	535 Jeronimo Drive	Coral Gables, Florida 33146	

The proposed name of the District to be established is Century Pare Community Development District ("CPCDD").

There are no existing major trunk water mains, sewer interceptors or outfalls.
The proposed timetable for the construction of District services and the estimated . cost of constructing the services, based on available data, is shown on Exhibit 4. This is a good faith estimate but is not binding on the Petitioner and the District and is subject to change.

2	/§

'()	()
I
Petitioner is in the process of developing the project as a residential community. The proposed uses for the land within the District are  condominiums  and  townhouses.  The proposed uses for the land included within the proposed District are consistent with the Miami­ Dade County Comprehensive Development Master Plan and the Miami-Dade County Future Land Use Element. The County Master Plan and Future Land Use Element designate the land contained within the proposed District for residential. The future general distribution, location and extent of public and private uses within the District is shown on Exhibit 5.

Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes.
The District is seeking and hereby requests the right to exercise all powers provided for in Section 190.06 through 190.041, Florida Statutes (except for powers regarding waste disposal or collection of any waste other than commercial or industrial), Florida Statutes, including the special pcwers provided by Section 190.012, Florida Statutes.

I0. The Petitioner is Century Park at Flagler Limited Partnership, a Florida limited partnership, whose address is c/o Cesareo E. Llano 7270 NW 12th Street, Suite 410, Miam Florida, 33126.

11. The property within the proposed District is amenable to operating  as  an independent special district for the following reasons:

a Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective Miami-Dade County Comprehensive Development Master Plan, as amended.

The area of land within the proposed District is part of a unified plan of development for which a development plan has been or will be approved by Miami-Dade County as part of the Century Park and Century Villas Administrative Site Plan Review. The land encompassing the proposed District is of sufficient size and is sufficiently compact and continuous to be developed as one functional inter-related community.

The community development services of the District will be compatible with the capacity and use of existing local and regional community development services and facilities.

The proposed District will be the best alternative available for delivering community development services to the area to be served because the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside the District and provides a responsible perpetual entity capable of making reasonable provisions for the operation and maintenance  of  the  District services and facilities in the future.

WHEREFORE, Petitioner respectfully requests the Miami-Dade County Commission to:

3	/r;;,

0	(J	01-101
Hold a public hearing as required by Section 190.005(2)(b), Florida Statutes to consider the establishment of the Century Pare Community Development District and;

GP

Adopt an ordinance pursuant to Chapter 19Q, Florida Statutes, granting this Petition and establishing the Century Pare Community Development District.
Respectfully submitted this J.2,  day of r:;c,r.:.uACi-j	, 200I .

CENTURY PARK AT FLAGLER LI D!ARTNERSHlP
L0	.
By: Cesareo E. Llano 7270 NW 12th Street Suite 410
Miami, Florida 3302

()	()	01·101
EXIIlBIT  3
CONSENT AND JOINDER
TO CREATION OF A COMMUNITY DEVELOPMENT DISTRICT

THE UNDERSIGNED is the owner of certain lands located in Miami-Dade County, Florida, and more fully described as follows:

See Exhibit "A" attached hereto and incorporated herein. The above described land is hereinafter referred to as the "Property."
The undersigned understands and acknowledges that Century Park at Flagler Limited Partnership ("Petitioner") intend to submit an application to create a Community Development District in accordanc with the provisions of Chapter 190 of the Florida Statues.

As an owner of lands which are intended to constitute a part of the Community Development District, the undersigned understands and acknowledges that pursuant to the provisions of Section 190.005(1)(a)(2), Florida Statutes, the Petitioner is required to include the written consent to the establishment of the Community Development District of one hundred percent (100%) of the Owners of the lands to be included within the Community Development District.

The undersigned hereby consents to the creation of a Community Development District which will include the Property within the lands to be part of the Community Development District and agrees to further execute any documentation necessary or convenient to evidence  this consent and joinder during the application process for the creation of the Community Development District.

The undersigned hereby acknowledges and agrees that the foregoing consent and obligation to execute additional documentation is and shall be a covenant running with the land which shall bind the undersigned's heirs, personal representatives, administrators, succcssors­ in-title and assigns and shall remain in full force and effect three (3) years from the date hereof.
.	,_r.f'	,-	n
Executed this- day of r:::.Y,,c c•11-1	2001.
Century Park at Flagler Limited Partnership, a Florida Limited Partnership

BY: CEl'CJI-Mimagement Group, Inc., Flo·	Corporation
B '--:-= r)AJ=------=-h _
Name:     .iee,o	8,.l/),-.lll
Title:	\J \as	(yQ.15,':h()

C)

EXI-IlBIT  4-A

CENTIJRY PARC COMMUNITY DEVELOPMENT DISTRICT ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE

IMPROVEMENT

Condominium Phase - North Half Condominium Phase - South Half Townhouse Phase

COMPLETE CONSTRUCTION

May, 2001

July, 2001

September, 2001

()	()

EXIIlBIT 4-B

CENTURY PARC COMMUNITY DEVELOPMENT DISTRICT

CONSTRUCTION COSTS ESTIMATES

CONDOMINIUM PHASE			
WATER'	$	909,000		
SEWER	685,100		
LIFT STATION	219,800		
PAVING/DRAINAGE	1,502,600		
TRAFFIC SIGNAL	115,900		
CLEARING	57,000		
EARTHWORK	2,267,700		
		$5,757,100	

TOWNHOUSE PHASE			
WATER	$	I 10,500		
SEWER	134,300		
PAVING/DRAINAGE	194,550		
CLEARING	13,500		
EARTHWORK	300,000		
		$	752,850	

TOTAL ESTIMATED CONSTRUCTION COSTS	
$6,509,950	
SOFT COSTS (ENGINEERING, ETC. @4%)	260,400	
CONTINGENCY@ 10%	650,950	
TOTAL ESTIMATED PROJECT COSTS	$7,421,300	

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EXHIBIT 6

Century Pare Community Development District

Statement of Estimated Regulatory Costs

February 20, 2001

Prepared by

Special District Services, Inc.
3910 RCA Boulevard - Suite 1011
Palm Beach Gardens, Florida 33410	..
(561) 630-4922

(y	(1
Introduction

Purpose and Scope

01·101

This statement of estimated regulatory costs s pports the Century Pare at Flagler Limited Partnership, a Florida limited partnership, ("Petitioner") petition to establish a community development district to be known as Century Pare Community Development District (the "CDD"). The CDD will own, operate and maintain a portion of the community infrastructure for a development to be known as Century Pare, located in the unincorporated area of Miami-Dade County, Florida.

A community development district is an independent special taxing district authorized by Chapter 190, F.S. (the "Act") to plan, finance, construct, operate and maintain community infrastructure in planned community developments. As stated in the Act, a CCD provides:

"...a solution to the state's planning, management, and financing  needs  for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Section 190.002 (!) (a), F.S.

Century Park COD is not a substitute for Miami-Dade County, which is the local general purpose governmental unit having jurisdiction over the COD. The reason is the CDD does not have the planning, zoning and regulatory powers granted to Miami-Dade County. As a result, all development undertaken within the COD must be consistent with all requirements of Miami-Dade County.

A CDD's powers are strictly limited to planning, financing,  constructing, operating and maintaining community infrastructure.

The scope of this statement of estimated regulatory costs is statutorily limited to evaluating the consequences of creating the Century Pare COD. The policy of the State regarding the scope of the COD establishment process is explicitly set out in Section
190.002 (2) (d), F.S. 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 shall not be material or relevant."

Therefore, the only relevant concern is whether Century Pare COD will be a financially visible entity.	'

2
;23

n	()
Century Pare Development

The proposed Century Pare Development is located within Miami-Dade County, Florida. The sole landowner and developer ("Developer") is Century Pare at Flagler Limited Partnership, Florida Limited partnership. The  proposed  Development  is designed as a master planned residential development, serving  south  Florida  markets. The condominium segment, offering 692 units, and the town home segment, offering 74 units, are designed to service a wide variety of buyers.

Century Pare Development is located in the unincorporated area of Miami-Dade County, Florida, on the south side of Flagler Street, west of Galloway Road. Century Pare is planned as a self-sustaining mixed residential community. Projected build-out of the project is 5 to 10 years.

Century Pare Community Development District (CDD)

The Petitioner proposes to establish the Century Pare Community Development District to acquire, construct, operate and/or maintain some of the infrastructure and community facilities in the Century Pare development. Table 1 outlines the proposed development plan timetable and the schedule for completion of the various projects.

Table 2 shows the infrastructure that is proposed to be constructed by the CDD and the estimated costs.

The financial design of Century Pare CDD was carefully formulated to  help assure that the CDD will be strong, stable, and able to stand alone throughout its lifetime. A detailed cash-flow analysis has been developed for the proposed range of potential future economic conditions in which the proposed district might have to operate. In all cases, the proposed financial structure allowed the CDD to remain financially strong and capable of carrying out its obligations. The important features of the financial design for proposed CDD are discussed below.

As outlined in Table 2, Century Pare CDD is projected to finance the construction of the surface water management system. The bonds used to finance the surface water managernent sysiem will be retired through the use of non-ad valorem assessments levied on all property owners in the district.

The CDD will own, operate and maintain the surface  water  management  system in the CDD. To defray the costs of operating and maintaining  the  infrastructure,  the CDD will make use of non-ad valorem maintenance assessments levied on all assessable property in the district.

The CDD is projected to finance the construction of the water distribution system and the wastewater collection and transmission facilities. The bonds used to finance such infrastructure will be retired through the use of non-ad valorem assessments levied on all property owners in the district.

L,

(1	01 ·101

The water distribution system and the wastewater collection and transmission facilities will be conveyed to Miami-Dade County• Utilities Department. Thus, the operation and maintenance of these facilities will be the responsibility of the Utilities' Department.

The CDD is projected to finance the construction of the internal roadway system. The bonds used to finance such infrastructure will be retired through the use of non-ad valorem assessments levied on all property owners in the district.

The CDD will own, operate and maintain the internal roadway system in  the  CDD. To defray the costs of operating and maintaining the infrastructure, the CDD will make use of non-ad valorem maintenance assessments levied on all assessable property in the district.

Finally,.the Petitioner has no plans for the CDD to issue general obligation debt or to levy ad valorem taxes. The financial structure of the District is such that there is no need to use ad valorem taxation.

Costs and Benefits of Establishing the Century Pare Community Development District
Costs to Miami-Dade County to Implement the Proposed Community Development District

Chapter 190.005 (2), F.S. mandates that the exclusive and uniform method for the establishment of a community development district of less than  1000 acres in size shall be by an ordinance adopted by the county commission of the county having jurisdiction over the majority of land in the area in which the district is to be located.

The one-time cost of reviewing the CDD petition is minimal. The County has its own in-house staff to process petitions filed for other reasons. Therefore, the marginal addition of one more petition to review results in little, if any, additional cost. Review of the proposed .development will not be necessary since the project was previously approved through the PUD process. Considerable fees were paid by the  Petitioner  for that review.

Beyond the minimal administrative costs outlined above, there will be only inconsequential costs to Miami-Dade County and the general citizenry because of the establishment of the Centwy Pare CDD. The CDD is designed to serve the needs of its property owners by financing, constructing, operating and maintaining the infrastructure and other services needed by district residents. The CDD will not require subsidies from
Miami-Dade County.	..
Finally, the CDD will pay its own election costs and will pay substantial fees for other urban services, such as tax assessment and collection. Thus, the net costs to Miami-

()	n
Dade County and its citizens due to establishment of the Century Pare CDD  are  negligible.

Concern that district obligations, particularly debt payments,  could  become state or county obligations is without foundation. This point was made explicitly clear by the Legislature when it adopted Section 190.002 (3) F. S.

"...It is further the purpose and intent of the Legislature that no debt or obligations of a district constitute a burden on any local general purpose government without its consent." Section I 90.002 (3) F. S.

Benefits to'Miami-Dade County and Its Citizens

There are several types of benefits (both indirect and direct) which will flow to Miami-Dade County and its citizens if the CDD is established. First, with regard to the indirect benefits, approval of the CDD satisfies the intent of the Act by providing a solution to the planning, management and financing of capital infrastructure to service projected growth without overburdening Miami-Dade County and its taxpayers. Section
190.002 ofthe Act is quoted as follows:

"(1) The Legislature finds that: (a) there is a need for unifonn, focused and fair procedures in state law to provide a reasonable alternative for the establishment, power, operation and duration of independent districts to manage and finance basic community development services; and that, based upon a proper and fair determination of applicable facts, an efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a solution to the state's planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Section 190.002, F. S.

A second indirect benefit which Miami-Dade County  and  its citizens receive  is the improved level of planning and coordination which the CDD will  provide.  This benefit will to minimize any potential negative impacts to other citizens and jurisdictions.

''It is in the public interest that long range planning, management,  and financing and long-term maintenance, upkeep, and operation of basic  services  for community development districts be under one coordinated entity." Section 190.002-(1) (c), F. S.	.

By enacting the Act. the Legislature recognized that substantial public benefits accrue from well-planned community developments in Florida. Century Pare CDD is just the type planned development envisioned in Chapter 190, F. S.

It is most difficult to place a dollar value on these indirect benefits; however, they are certainly substantial. Furthermore, given the minimal costs incurred by Miami-Dade

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County if the CDD is approved, the benefits clearly overwhelm any such costs, yielding significant net benefits to Miami-Dade County and its citizens.

Century Pare CDD will provide a number of direct economic benefits to Miami­ Dade County and its citizens. First, the CDD is the best means of assuring that CDD residents receive the services they need, while at the same time restricting the cost to only those who receive the services. This financial structure binds those who receive the CDD services to the obligation to pay for those services. At the same time, this structure also allows future CDD residents to control the entity which provides the services and levies the assessments to pay for those services. Miami-Dade County and its citizens are not involved in any way in the financial obligations, operation or maintenance of the district.

A second economic benefit which accrues to Miami-Dade County and its citizens is that establishment of the CDD frees the County of responsibilities and costs of the management and administrative burden of the CDD. Thus, it will be possible for the County Commission to continue to focus on those areas of the county that require more immediate attention.

Conversely, residents of the CDD will be able to address their concerns about infrastructure to the Board of Supervisors of the CDD. This focus will lighten the burden on the County Commission compared with what would likely occur without the CDD.

The CDD is an independent governmental unit, it has its own independent board and budget, and it must see to its own administration. This arrangement  for  governing and administering the district means a considerable cost saving to the County over other types of arrangements. Any other form of government or financial structure would result in the County being at least partially responsible for the community's services.

Third, approval of the proposed CDD would minimize some increases in the cost of County fimded services. As new development occurs in any community, residents of the new area demand increased levels of services over and above those provided before development. The costs of providing these services are spread to the remaining taxpayers in the jurisdiction of the local govemment(s) providing the services. If this were to happen, taxing_ and spending levels would increase, and costs would be passed on, at least
in part, to surrounding residents. The result would further strain the County budget. Without the CDD, development of Century Pare could possibly increase the demands on Miami-Dade County to extend and improve services to the community.

Fourth, the CDD proposes to construct the water distribution system and the wastewater collection and transmission facilities and to deed same to  Miami-Dade County at no cost. The estimated cost to the CDD to construct these  facilities  is expected to exceed $ 2,058,700. In addition to this donation, Miami-Dade  County Utilities Department's customer base will increase by approximately 766 households.

1be proposed CDD will serve the needs of its residents. The board of supervisors of the CDD will determine the level and quality of the community services the residents

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want and are willing to pay for. The CDD will provide the residents of  Century  Pare  CDD with a mechanism for satisfying these needs without recourse to the County Commission.

All of these benefits have substantial value. The financial benefits to the County and its citizens include the avoided costs of administering public services for the community. In addition, there are significant, if only intangible, benefits which result from having a district to ensure that CDD residents get the services they need. The CDD also ensures that its property owners, and only its property owners, pay for the services they receive.

Costs to the Petitioner

The petitioner will incur substantial costs if the CDD is approved. These costs can be grouped into four categories: (I) planning and applying for the CDD; (2) contributions for management and technical assistance; (3) payment of CDD taxes; and
(4) donation of capital facilities.

It is costly and time consuming to plan and apply for a CDD of the size and complexity proposed for Century Pare CDD. First, the Petitioner has secured a team of professionals including attorneys, engineers, investment bankers,  planners,  economists and special district experts to insure that the CDD will perform as provided by the Act.

Second, the CDD will need financial support from the Petitioner to secure managerial and technical assistance, especially in the early years of its operation.

Third, the Petitioner will pay substantial CDD assessments and fees over the life of the project. During the first several years of the project, the Petitioner will be the CDD's largest taxpayer.

Fourth, the Petitioner assumes considerable risk in establishing the CDD and allowing the advance funding of the infrastructure. As the sole landowner in the initial stages of development, the Petitioner assumes the sole liability for all the debt incurred by the CDD til the land is developed and sold to individual homeowners.

Benefits to the Petitioner

The CDD will also provide the Petitioner with several benefits. First, the CDD will provide access to financing for a portion of the community's infrastructure. While this particular benefit to the petitioner is obvious, it is not the most significant one. In fact, the importance of this benefit, while significant, would not be enough by itself to entice the Petitioner to establish the CDD.

The value to the Petitioner of financing a portion of the infrastructure though the CDD amounts to an annual financing cost difference in today's market which results in a cost saving.  As a result, the potential gross savings will accrue to the future homeowners

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in the CDD and does not represent a net cost saving to the Petitioner. As noted above, with the establishment of the CDD, the Petitioner will be obligated to pay substantial assessments and fees to the CDD.

Other benefits for the Petitioner in establishing the CDD exist beyond the financing of a portion of the community's infrastructure. Most important among these is that the proposed CDD is a mechanism for providing long term, on-going maintenance  and operation of CDD facilities. Ultimately, the CDD will be controlled and operated by the CDD homeowners for their own benefit. This helps assure that the high  standard which the Petitioner has set for the CDD will be preserved throughout the life of the project.

Costs to the Consumers

Consumers are people who will purchase land and residences in the Century Pare CDD. Should the CDD be established, district homeowners will be required to pay CDD assessments over and above their County taxes. CDD assessments do not affect or offset County taxes. It is this increment of expenses which is the cost of the CDD to the consumers.

As noted above, the CDD plans to finance, construct, operate and maintain a variety of infrastructure and community services for the benefit of its homeowners. Currently, homeowners in unincorporated Miami-Dade County are subject to a number of different ad valorem and non-ad valorem taxes. All of these taxes will continue to exist regardless of whether the CDD is approved. Homeowners of the CDD will continue  to pay County taxes notwithstanding the existence of the CDD. Thus, these costs cannot properly be viewed as taxes which arise from the CDD itself, even though district homeowners would pay such taxes. The point is that homeowners will pay these costs in any event. If the CDD is not created, the cost of the infrastructure will be included in the price of the property sold to future homeowners rather than paid over time as a special assessment on the tax bill.

All prospective purchasers will be informed of the existence of the CDD. Chapter 190.048, F. S. requires each contract for the sale of real estate within a CDD include a specific disclosure statement in boldfaced and conspicuous type immediately prior to the space reserved in the contract for the signature of the purchases.

Benefits to the Consumers

CDD residents will receive three major classes of benefits. First, CDD residents will receive a higher level of public services and amenities than would otherwise be the case. Century Pare is designed as a mixed residential project with high service demands. To be successfu the Petitioner feels that a mechanism is needed to help ensure a high level of public services consistent with the project goals. The CDD is the best vehicle for this purpose.

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Second, the COD is a mechanism for assuring that the community services and amenities are maintained at a high level throughout the life of  the  project.  This mechanism protects the substantial investment purchasers wi11 make in their homes at Century Pare.

Finally, the CDD is the sole form of governance which allows district property owners to totally control the type, quality and expense of services provided by the CDD.

It is clear that the formation and operation of the Century  Pare COD will  benefit its homeowners. The CDD will be controlled by COD property owners, and will be operated for their benefit. Finally, the CDD will help ensure that the high standards the Petitioner has set fo the development will be maintained for the benefit of COD property owners.

3.0	Competitive Effects
Approval of the Century Pare CDD will have an effect on competition in the market for housing in Miami-Dade County and in those areas where there are projects similar to the Century Pare. To understand the nature of these competitive effects, it is important to recognize the type of project envisioned  at  Century  Pare.  The development is designed as a mixed residential community currently  consisting  of  766  residential units. As such, it competes with other developments serving this same market niche. In addition, the granting of a community development district for Century Pare does not provide a competitive advantage which others could not obtain.

4.0	Impact of Small Business
Approval of the Century Pare CDD will have a positive  impact on small business as defined in Chapter 288.703 (1), F. S. Many types of neighborhood services will be required by the residents of the CDD. These services can be provided by the small businesses that currently serve the general area. Additional opportunities will also be created for new businesses to be fonned or  relocate  to  the area  No  negative  impacts have been identified for small businesses as defined.

5.0	Date and Methodology
The data used in this analysis, in particular the build-out schedule and average home values, were developed and submitted with the initial application for the Century Pare and updated for the petition for the COD. Table 2 outlines the capital infrastructure proposed to be constructed by or for the COD and reflects the best estimates of costs and timing at this juncture.

6.0		Probability of a Good Faith Written Proposal Chapter 120.541 (1) (a), F. S.

•

n	()	01·101
Since the Petitioner represents the sole landowner of the  property encompassing the proposed CDD, Petitioner is the only substantially affected party who could have standing to submit a good faith written proposal for a lower regulatory cost alternative to the creation of the CDD as provided for in Chapter 120.541 (I) (a), F. S. Petitioner has already explored all feasible alternatives to lower costs; including the alternative of not forming the CDD, and has concluded that creation of the CDD is the best alternative.

7.0	Conclusion

The question is whether having a CDD provide the community services is more financially viable, efficient and responsive to the needs of the homeowners than any other form of service provider. After careful review and analysis, the process of elimination suggests that the CDD is, in fact, the most financially viable,  efficient  and  responsive way to provide the community services required for this project.

The estimated budget for the CDD indicates that the various charges to prospective home buyers will be moderate, and well within the ranges typical for Florida communities with strong tax bases. As noted in Table 2, the estimated cost to provide the CDD infrastructure is$ 7,421,300.

Finally, it is emphasized that the CDD is the only governmental  agency responsible for the financial obligations of the district. Florida State law (Section
190.002 (3), F. S.) protects the State of Florida, Miami-Dade County and all other governmental agencies from all obligations of the CDD, whether they are financiaL administrative or operational.

*************

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TABLE 1

CENTURY PARC COMMUNITY DEVELOPMENT DISTRICT

ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE

IMPROVEMENT

Condominium Phase - North Half Condominium Phase - South Half Townhouse Phase

COMPLETE CONSTRUCTION May,2001
July, 2001

September, 2001

•

(1
TABLE2

CENTURY PARC COMMUNITY DEVELOPMENT DISTRICT CONSTRUCTION COSTS ESTIMATES

CONDOMINIUM PHASE

WATER	$	909,000		
SEWER	685,100		
LIFT STATION	219,800		
PAYING/DRAINAGE	1,502,600		
TRAFFIC SIGNAL	115,900		
CLEARING	57,000		
EARTHWORK	2,267,700	
$5,757,100	

TOWNHOUSE PHASE		
WATER	$	110,500	
SEWER	134,300	
PAVING/DRAINAGE	194,550	
CLEARING	13,500	
EARTHWORK	300,000	

$	752,850

.TOTAL ESTIMATED CONS1RUCTION COSTS	$ 6,509,950	
SOFT COSTS (ENGINEERING, ETC. @4%)	260,400	
CONTINGENCY@ 10%	650,950	
TOTAL ESTIMATED PROJECT COSTS	S 7,421,300	

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0	01-101
EXHIBIT 3
CONSENT AND JOINDER
TO CREATION OF A COMMUNITY DEVELOPMENT DISTRICT

THE UNDERSIGNED is the owner of certain lands located in Miami-Dade County.
Florida, and more fully described as follows:

See Exhibit "A" attached hereto and incorporated herein. The above described land is hereinafter referred to as the "Property."
The undersigned understands and acknowledges that Century Park at Flagler Limited Partnership ("Petitioner") intend to submit an application to create a Community Development District in accordarice with the provisions of Chapter 190 of the Florida Statues.

As an owner of lands which are intended to constitute a part of the Community Development District, the undersigned understands and acknowledges that pursuant to the provisions of Section 190.005(l)(a)(2), Florida Statutes, the Petitioner is required to include the written consent to the establishment of the Community Development District of one hundred percent (100%) of the Owners of the lands to be included within the Community Development District.

The undersigned hereby consents to the creation of a Community Development District which will include the Property within the lands to be part of the Community Development District and agrees to further execute any documentation necessary or convenient  to evidence this consent and joinder during the application process for the creation of the Community Development District.

The undersigned hereby acknowledges and agrees that the foregoing consent and obligation to execute additional documentation is and shall be a covenant running with the land which shall bind the undersigned's heirs, personal representatives, administrators, succcssors­ in-title and assigns and shall remain in full force and effect three (3) years from the date hereof.

Executed this  	

day of 	2001.

Century Park at Flagler Limited Partnership,
a Florida Limited Partnership
BY: CBG Man,agement Group, Inc., a Florida Corporation
By: 	_

Name:----------
Title: 	_

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01 ·101

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STATE OF FLORIDA
DADE COUNTY	SS:

I, HARVEY RUVIN, Clerk of the Circuit Court in and for Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above foregoing is a true and correct

COPY OF ORDINANCE 01-101 PASSED AND ADOPTED BY SAID BOARD OF COUNTY

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record.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal on

this 01st day of AUGUST, 2001.

HARVEY RUVIN, Clerk
Board of County Commissioners
Dade County, Florida

Board of County Commissioners
Dade County, Florida

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